I wanted to repost this response so that it is seen by Erin,and all who need it.
Dear Erin,
This post upset me greatly. I had to do a little research before responding. This teacher not only did something cruel and inappropriate, but what he did is illegal. Below I have posted a memo written in collaboration between the US Dept. of Education and the Office of Civil Rights. It might be something to print out and include in a letter to the school principal. There is a type of letter called a “Gebser Letter” Gebser was a case involving harassment of a disabled student. The principal was given notice that the harassment was occuring and did nothing about it. In the case, the principal was held personally responsible and was responsible for damages caused by his indifference. As a result of this case,persons are now writing what is known as a Gebser letter. This means you write to the person in charge,stating the harassment that is taking place,giving them notice that if they do not rectify the problem,they can and will be held responsible for purposely allowing the discriminatory act to continue.You simply state,that you are bringing to their attention the harassment,and demand that the matter be corrected,and by not responding you can only assume that they are indifferent to the harassment that is taking place. Good Luck. I would absolutely pursue this. If not for my child,but for the other children who do not have the support from their parents that your child has.
Prohibited Disability Harassment — Reminder of Responsibilities under Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act:
UNITED STATES DEPARTMENT OF EDUCATION
WASHINGTON, D.C. 20202
July 25, 2000
Dear Colleague:
On behalf of the Office for Civil Rights (OCR) and the Office of Special Education and Rehabilitative Services (OSERS) in the U.S. Department of Education, we are writing to you about a vital issue that affects students in school - harassment based on disability. Our purpose in writing is to develop greater awareness of this issue, to remind interested persons of the legal and educational responsibilities that institutions have to prevent and appropriately respond to disability harassment, and to suggest measures that school officials should take to address this very serious problem. This letter is not an exhaustive legal analysis. Rather, it is intended to provide a useful overview of the existing legal and educational principles related to this important issue.
Why Disability Harassment Is Such an Important Issue
Through a variety of sources, both OCR and OSERS have become aware of concerns about disability harassment in elementary and secondary schools and colleges and universities. In a series of conference calls with OSERS staff, for example, parents, disabled persons, and advocates for students with disabilities raised disability harassment as an issue that was very important to them. OCR’s complaint workload has reflected a steady pace of allegations regarding this issue, while the number of court cases involving allegations of disability harassment has risen. OCR and OSERS recently conducted a joint focus group where we heard about the often devastating effects on students of disability harassment that ranged from abusive jokes, crude name-calling, threats, and bullying, to sexual and physical assault by teachers and other students.
We take these concerns very seriously. Disability harassment can have a profound impact on students, raise safety concerns, and erode efforts to ensure that students with disabilities have equal access to the myriad benefits that an education offers. Indeed, harassment can seriously interfere with the ability of students with disabilities to receive the education critical to their advancement. We are committed to doing all that we can to help prevent and respond to disability harassment and lessen the harm of any harassing conduct that has occurred. We seek your support in a joint effort to address this critical issue and to promote such efforts among educators who deal with students daily.
What Laws Apply to Disability Harassment
Schools, colleges, universities, and other educational institutions have a responsibility to ensure equal educational opportunities for all students, including students with disabilities. This responsibility is based on Section 504 of the Rehabilitation Act of 1973 (Section 504) and Title II of the Americans with Disabilities Act of 1990 (Title II), which are enforced by OCR. Section 504 covers all schools, school districts, and colleges and universities receiving federal funds. Title II covers all state and local entities, including school districts and public institutions of higher education, whether or not they receive federal funds. Disability harassment is a form of discrimination prohibited by Section 504 and Title II. Both Section 504 and Title II provide parents and students with grievance procedures and due process remedies at the local level. Individuals and organizations also may file complaints with OCR.
States and school districts also have a responsibility under Section 504, Title II, and the Individuals with Disabilities Education Act (IDEA), which is enforced by OSERS, to ensure that a free appropriate public education (FAPE) is made available to eligible students with disabilities. Disability harassment may result in a denial of FAPE under these statutes. Parents may initiate administrative due process procedures under IDEA, Section 504, or Title II to address a denial of FAPE, including a denial that results from disability harassment. Individuals and organizations also may file complaints with OCR, alleging a denial of FAPE that results from disability harassment. In addition, an individual or organization may file a complaint alleging a violation of IDEA under separate procedures with the state educational agency. State compliance with IDEA, including compliance with FAPE requirements, is monitored by OSERS’ Office of Special Education Programs (OSEP).
Harassing conduct also may violate state and local civil rights, child abuse, and criminal laws. Some of these laws may impose obligations on educational institutions to contact or coordinate with state or local agencies or police with respect to disability harassment in some cases; failure to follow appropriate procedures under these laws could result in action against an educational institution. Many states and educational institutions also have addressed disability harassment in their general anti-harassment policies.
Disability Harassment May Deny a Student an Equal Opportunity to Education under Section 504 or Title II
Disability harassment under Section 504 and Title II is intimidation or abusive behavior toward a student based on disability that creates a hostile environment by interfering with or denying a student’s participation in or receipt of benefits, services, or opportunities in the institution’s program. Harassing conduct may take many forms, including verbal acts and name-calling, as well as nonverbal behavior, such as graphic and written statements, or conduct that is physically threatening, harmful, or humiliating.
When harassing conduct is sufficiently severe, persistent, or pervasive that it creates a hostile environment, it can violate a student’s rights under the Section 504 and Title II regulations. A hostile environment may exist even if there are no tangible effects on the student where the harassment is serious enough to adversely affect the student’s ability to participate in or benefit from the educational program. Examples of harassment that could create a hostile environment follow.
o Several students continually remark out loud to other students during class that a student with dyslexia is “retarded” or “deaf and dumb” and does not belong in the class; as a result, the harassed student has difficulty doing work in class and her grades decline.
o A student repeatedly places classroom furniture or other objects in the path of classmates who use wheelchairs, impeding the classmates’ ability to enter the classroom.
o A teacher subjects a student to inappropriate physical restraint because of conduct related to his disability, with the result that the student tries to avoid school through increased absences.
o A school administrator repeatedly denies a student with a disability access to lunch, field trips, assemblies, and extracurricular activities as punishment for taking time off from school for required services related to the student’s disability.
o A professor repeatedly belittles and criticizes a student with a disability for using accommodations in class, with the result that the student is so discouraged that she has great difficulty performing in class and learning.
o Students continually taunt or belittle a student with mental retardation by mocking and intimidating him so he does not participate in class.
When disability harassment limits or denies a student’s ability to participate in or benefit from an educational institution’s programs or activities, the institution must respond effectively. Where the institution learns that disability harassment may have occurred, the institution must investigate the incident(s) promptly and respond appropriately.
Disability Harassment Also May Deny a Free Appropriate Public Education
Disability harassment that adversely affects an elementary or secondary student’s education may also be a denial of FAPE under the IDEA, as well as Section 504 and Title II. The IDEA was enacted to ensure that recipients of IDEA funds make available to students with disabilities the appropriate special education and related services that enable them to access and benefit from public education. The specific services to be provided a student with a disability are set forth in the student’s individualized education program (IEP), which is developed by a team that includes the student’s parents, teachers and, where appropriate, the student. Harassment of a student based on disability may decrease the student’s ability to benefit from his or her education and amount to a denial of FAPE.
How to Prevent and Respond to Disability Harassment
Schools, school districts, colleges, and universities have a legal responsibility to prevent and respond to disability harassment. As a fundamental step, educational institutions must develop and disseminate an official policy statement prohibiting discrimination based on disability and must establish grievance procedures that can be used to address disability harassment. A clear policy serves a preventive purpose by notifying students and staff that disability harassment is unacceptable, violates federal law, and will result in disciplinary action. The responsibility to respond to disability harassment, when it does occur, includes taking prompt and effective action to end the harassment and prevent it from recurring and, where appropriate, remedying the effects on the student who was harassed.
The following measures are ways to both prevent and eliminate harassment:
o Creating a campus environment that is aware of disability concerns and sensitive to disability harassment; weaving these issues into the curriculum or programs outside the classroom.
o Encouraging parents, students, employees, and community members to discuss disability harassment and to report it when they become aware of it.
o Widely publicizing anti-harassment statements and procedures for handling discrimination complaints, because this information makes students and employees aware of what constitutes harassment, that such conduct is prohibited, that the institution will not tolerate such behavior, and that effective action, including disciplinary action, where appropriate, will be taken.
o Providing appropriate, up-to-date, and timely training for staff and students to recognize and handle potential harassment.
o Counseling both person(s) who have been harmed by harassment and person(s) who have been responsible for the harassment of others.
o Implementing monitoring programs to follow up on resolved issues of disability harassment.
o Regularly assessing and, as appropriate, modifying existing disability harassment policies and procedures for addressing the issue, to ensure effectiveness.
Technical Assistance Is Available
U.S. Secretary of Education Richard Riley has emphasized the importance of ensuring that schools are safe and free of harassment. Students can not learn in an atmosphere of fear, intimidation, or ridicule. For students with disabilities, harassment can inflict severe harm. Teachers and administrators must take emphatic action to ensure that these students are able to learn in an atmosphere free from harassment.
Disability harassment is preventable and can not be tolerated. Schools, colleges, and universities should address the issue of disability harassment not just when but before incidents occur. As noted above, awareness can be an important element in preventing harassment in the first place.
The Department of Education is committed to working with schools, parents, disability advocacy organizations, and other interested parties to ensure that no student is ever subjected to such conduct, and that where such conduct occurs, prompt and effective action is taken. For more information, you may contact OCR or OSEP through 1-800-USA-LEARN or 1-800-437-0833 for TTY services. You also may directly contact one of the OCR enforcement offices listed on the enclosure or OSEP, by calling (202) 205-5507 or (202) 205-5465 for TTY services.
Thank you for your attention to this serious matter.
Norma V. Cantu,
Assistant Secretary for
Civil Rights
Judith E. Heumann,
Assistant Secretary
Office of Special Education
and Rehabilitative Services
Enclosure
Re: reposting response to " is this good teaching?"
Socks,
Thank you so much for your post. I have already printed and filed your message. This is a very difficult situation which I want to handle in the appropriate manner. It is a small private school where some teachers really don’t understand learning differences. That is why I wanted to gather information and calm down before I did or said something I would regret. I am fully prepared to move forward. Many thanks.
Re: reposting response to " is this good teaching?"
“It is a small private school “
“Section 504 covers all schools, school districts, and colleges and universities receiving federal funds. Title II covers all state and local entities, including school districts and public institutions of higher education, whether or not they receive federal funds.”
In that case, I don’t think this would apply unless your private school receives federal money, and most small private schools don’t.
I’d have to think hard about paying tuition for a school where my child was treated badly, though,
Janis
Re: reposting response to " is this good teaching?"
You are correct in stating that if the school does not recieve federal funds,they would not be obligated to enforce antidiscrimination laws. BUT if the child has an IEP,then they are obligated.Funds or no funds.
"has an IEP" doesn't mean private has to follow it
… not necessarily. If you get an IEP put together, but then go to a private school, they do *not* have to provide those services. The public schools have to make them available to you — not wherever you want them. Some states provide basically nothing unless you’re full-time in their public schools — they figure you have “access” to what they call “appropriate” and they’ve done their job.
Re: "has an IEP" doesn't mean private has to follo
Oh Sue,you make my brain hurt:-)
Okay,yes,if the public agency chooses to provide a service plan
(notice I said service plan,this is now what an IEP for a child who is not in public school is called) for a child enrolled then this child is covered under ALL antidiscrimination laws. The Local Educational agency DOES NOT have to provide services to ALL private school students,but they must provide them to a certain percentage.
Now Child Find ,which discusses identifying a child with a disability is for ANY CHILD,not just one in public school.§300.451 Child find for private school children with disabilities.
(a) Each LEA shall locate, identify, and evaluate all private school children with disabilities, including religious-school children residing in the jurisdiction of the LEA, in accordance with §§300.125 and 300.220. The activities undertaken to carry out this responsibility for private school children with disabilities must be comparable to activities undertaken for children with disabilities in public schools.
(b) Each LEA shall consult with appropriate representatives of private school children with disabilities on how to carry out the activities described in paragraph (a) of this section.
(Authority: 20 U.S.C. 1412(a)(10)(A)(ii))
Now once identified;
§300.452 Provision of services—basic requirement.
(a) General. To the extent consistent with their number and location in the State, provision must be made for the participation of private school children with disabilities in the program assisted or carried out under Part B of the Act by providing them with special education and related services in accordance with §§300.453-300.462.
(b) SEA Responsibility—services plan. Each SEA shall ensure that, in accordance with paragraph (a) of this section and §§300.454-300.456, a services plan is developed and implemented for each private school child with a disability who has been designated to receive special education and related services under this part.
(Authority: 20 U.S.C. 1412(a)(10)(A)(i))
Probably isn’t a whole hell of a lot of kids but hey,there are some,right?
Then there this fancy way of determining how much they HAVE to spend
§300.453 Expenditures.
(a) Formula. To meet the requirement of §300.452(a), each LEA must spend on providing special education and related services to private school children with disabilities—
(1) For children aged 3 through 21, an amount that is the same proportion of the LEA’s total subgrant under section 611(g) of the Act as the number of private school children with disabilities aged 3 through 21 residing in its jurisdiction is to the total number of children with disabilities in its jurisdiction aged 3 through 21; and
(2) For children aged 3 through 5, an amount that is the same proportion of the LEA’s total subgrant under section 619(g) of the Act as the number of private school children with disabilities aged 3 through 5 residing in its jurisdiction is to the total number of children with disabilities in its jurisdiction aged 3 through 5.
(b) Child count.
(1) Each LEA shall—
(i) Consult with representatives of private school children in deciding how to conduct the annual count of the number of private school children with disabilities; and
(ii) Ensure that the count is conducted on December 1 or the last Friday of October of each year.
(2) The child count must be used to determine the amount that the LEA must spend on providing special education and related services to private school children with disabilities in the next subsequent fiscal year.
(c) Expenditures for child find may not be considered. Expenditures for child find activities described in §300.451 may not be considered in determining whether the LEA has met the requirements of paragraph (a) of this section.
(d) Additional services permissible. State and local educational agencies are not prohibited from providing services to private school children with disabilities in excess of those required by this part, consistent with State law or local policy.
(Authority: 20 U.S.C. 1412(a)(10)(A))
And of course you then got whether you are lucky enough to live in a state that provides more then they HAVE to.
My point is, if the child has an IEP or Service Plan that was determined and developed in collaboration with the private school and the public educational agency,then I still contend they have rights under 504 and ADA.
Next..
Re: "has an IEP" doesn't mean private has to follo
I am still confused and have been for several years. Here is my specific situation: My son attends a private school (not religious, just college preparatory) and as far as I know, it does not receive any federal funding. Our local public school district came to our school, tested and observed my son, and then developed an IEP for him. Our private school principal and counselor were both at the meeting. I had to basically refuse services from the county so they didn’t have to do anything further. The head of my private school then gave me her word (not in writing) that our school would follow and honor his IEP. They haven’t. Most of his teachers don’t even know what an IEP is and have not seen it unless. At the end of the first year, nothing was done to see if he had made the progress the plan called for. Secondly, the accommodations and suggestions on how to help him have bascially been ignored . So, what do you think?
Re: "has an IEP" doesn't mean private has to follo
My opinion is that the private school has no legal obligation to follow the IEP. The IEP is a document used by the public school system. You might want an IEP for speech services, for example, while your child attends a private school, but you’d probably have to take the child to the public school for the service. It is the public school that has the obligation to serve the child with an IEP. So if you refused services from the public school system, then really, you do not have a legally binding IEP at all.
Now it is really nice when private schools try to be accomodating. I wish more were. But most private schools have a focus: some are religious, some are college prep, some are for LD students, etc. They do not have to be everything to all people like the public schools attempt to be. Often they simply cannot afford the high cost of serving special needs students, so they don’t try (unless it is a school designed for special ed., and then the tuition is usually very high).
Janis
Re: "has an IEP" doesn't mean private has to follo
Okay Erin,this is truely a confusing siutation. I don’t blame you for being confused.
It sounds like from what you are telling me;
The public school came into your private school and fullfilled their obligation under Child Find. Then the story gets confusing;
Questions:
1.What reccomendations were on his eval?
2.Is this IEP written,or was written in partnership with the public and private school?
3.Did the private school tell you they would provide all that your son needed,which lead you to believe that even if the county did not provide services,that the private school would?( I would look at this waiver you signed,it might give you the private schools agreement to honor your son’s IEP,as a form of written documentation)
4. Are you assisted in anyway for your son’s tuition,or other costs?
5. What is his diagnosis and what services would he need?
It is sounding more and more like the private school agreed to provide and hasn’t,which leads me to wonder if the school district,the one who evaluated him wrote an IEP,and made an agreement with the private school,is even aware that he isn’t being given services by the private school,and if ANY funds are being given to this school,beyond your tuition? Something is definitely fishy.
You have only certain rights while enrolled in the private school. These rights vary according to whether he was placed solely by you in this school,or whether the public school shared in this discussion. Depending on how much they shared,will depend on how many rights your son still has. If you placed him there,and the public school had no hand in it ,then he no longer has an “individual” right to a Free and Appropriate Education. This means you have him in a private school,and the school district does not have to provide this,but can, if they so desire. They MUST provide to a percentage of students.In other words not an individual right,but a right by being a part of a group of students.
You see the federal government says,okay you must take a count of every disabled student ya’ll have in your district,this includes private school kids,too. Then once you get this number we are giving you a certain amount of money ( the public school district) that must be used to provide services to these private school kids. You take a percentage,divide by this and that and the money is divided among the kids who have been evaluated and in need. These kids then will have a services plan developed,and the private school and the public school will decide together how to provide these services.( the percentage doesn’t have to be divided evenly either)It is possible for him to have an services plan,without being provided related services,but still be provided with an educational plan,that has funding some how attached to it.This can be equipment loaned to the private school,funding that can be used for teachers at the private school,etc.
Here is my concern in your situation,someone got money. They( the school district) either used your child to provide a number to the federal government,who in turn gave money to the school district,who in turn either gave money to the private school,or kept it for someone else. These questions can only be answered by,the private school,and or the school district.
Now that we all have totally lost focus of the main issue you have,and I apologize,being that it was probably my fault for straying, your son has had a situation in which he was humilated in front of his class. You need to know what to do. I believe your attempt at rectifying the situation by speaking with the teacher and then the principal is a very good one. Beats physically abusing the ignorant one. Which I would be hard pressed not to do.
But if the school is not accomodating your sons needs,and you are paying them,then they should be accountable to your son and you. Whether they are also accountable to the school district or the state department of education remains unknown,this you will have to research and find out.
Bottom line,what this teacher did was wrong,very wrong,so wrong that if it was in the any public or private organization recieving federal funding, it would be considered a violation of your son’s right to not be discriminated against. The private school,either needs to understand the ramifications of this teacher’s act,or they know and do not care. A very good reason to find out where they stand,and whether you want to continue paying them for it. I wonder if someone else is also paying them? If so,they are legally bound to their actions taken against your child and any other child. Hope this helped.
Re: "has an IEP" doesn't mean private has to follo
Okay Erin,this is truely a confusing siutation. I don’t blame you for being confused.
It sounds like from what you are telling me;
The public school came into your private school and fullfilled their obligation under Child Find. Then the story gets confusing;
Questions:
1.What reccomendations were on his eval?
2.Is this IEP written,or was written in partnership with the public and private school?
3.Did the private school tell you they would provide all that your son needed,which lead you to believe that even if the county did not provide services,that the private school would?( I would look at this waiver you signed,it might give you the private schools agreement to honor your son’s IEP,as a form of written documentation)
4. Are you assisted in anyway for your son’s tuition,or other costs?
5. What is his diagnosis and what services would he need?
It is sounding more and more like the private school agreed to provide and hasn’t,which leads me to wonder if the school district,the one who evaluated him wrote an IEP,and made an agreement with the private school,is even aware that he isn’t being given services by the private school,and if ANY funds are being given to this school,beyond your tuition? Something is definitely fishy.
You have only certain rights while enrolled in the private school. These rights vary according to whether he was placed solely by you in this school,or whether the public school shared in this discussion. Depending on how much they shared,will depend on how many rights your son still has. If you placed him there,and the public school had no hand in it ,then he no longer has an “individual” right to a Free and Appropriate Education. This means you have him in a private school,and the school district does not have to provide this,but can, if they so desire. They MUST provide to a percentage of students.In other words not an individual right,but a right by being a part of a group of students.
You see the federal government says,okay you must take a count of every disabled student ya’ll have in your district,this includes private school kids,too. Then once you get this number we are giving you a certain amount of money ( the public school district) that must be used to provide services to these private school kids. You take a percentage,divide by this and that and the money is divided among the kids who have been evaluated and in need. These kids then will have a services plan developed,and the private school and the public school will decide together how to provide these services.( the percentage doesn’t have to be divided evenly either)It is possible for him to have an services plan,without being provided related services,but still be provided with an educational plan,that has funding some how attached to it.This can be equipment loaned to the private school,funding that can be used for teachers at the private school,etc.
Here is my concern in your situation,someone got money. They( the school district) either used your child to provide a number to the federal government,who in turn gave money to the school district,who in turn either gave money to the private school,or kept it for someone else. These questions can only be answered by,the private school,and or the school district.
Now that we all have totally lost focus of the main issue you have,and I apologize,being that it was probably my fault for straying, your son has had a situation in which he was humilated in front of his class. You need to know what to do. I believe your attempt at rectifying the situation by speaking with the teacher and then the principal is a very good one. Beats physically abusing the ignorant one. Which I would be hard pressed not to do.
But if the school is not accomodating your sons needs,and you are paying them,then they should be accountable to your son and you. Whether they are also accountable to the school district or the state department of education remains unknown.This you will have to research and find out.
Bottom line,what this teacher did was wrong,very wrong,so wrong that if it was in the any public or private organization recieving federal funding, it would be considered a violation of your son’s right to not be discriminated against.In other words illegal. The private school,either needs to understand the ramifications of this teacher’s act,or they know and do not care. A very good reason to find out where they stand,and whether you want to continue paying them for it. I wonder if someone else is also paying them? If so,they are legally bound to their actions taken against your child and any other child. Hope this helped.
Thank you socks…this is so satifying and empowering. I hope “is this good teaching” mom reams that clown.