Friday
Thursday
Bullied to Death
Slate Reporter Says Phoebe Prince's Death By Bullying Case More Complex Than It Seems
Email This
A clique of evil teenagers bullies the new kid in school to death.
What a tragedy. What a story.
For all the shades of gray in the world, here was a black-and-white tale of good versus evil -- complete with villains we loathe from our childhoods and dread as our own kids enter adolescence.
But was Phoebe Prince really hounded to death at South Hadley High School in Massachusetts?
Emily Bazelon, an editor at Slate, paints a very different picture as she covers the trail of six students charged in connection with Phoebe's suicide on Jan. 14.
"It's more complicated than the idea of a predatory pack of kids descending on her," Bazelon said this morning on the Today show.
Bazelon reports that Phoebe was already severely depressed when she moved to South Hadley from County Clare, Ireland, last year. She missed her absent father. She engaged in self-mutilation. She even attempted suicide once before.
According to Bazelon's fact-finding mission, the first attempt was prompted by Phoebe's breakup with a senior (now facing charges of statutory rape as well as civil rights violations in the wake of her death). And the bullying that followed may not have been systematic or orchestrated as earlier news reports suggest. Reportedly, one alleged bully stopped when confronted by school administrators.
Several students said they considered the situation with Phoebe "normal girl drama."
"My investigation into the events that gave rise to Phoebe's death, based on extensive interviews and review of law enforcement records, reveals the uncomfortable fact that Phoebe helped set in motion the conflicts with other students that ended in them turning on her," Bazelon writes on Slate.
"Her death was tragic, and she shouldn't have been bullied. But she was deeply troubled long before she ever met the six defendants," she adds. "And her own behavior made other students understandably upset."
Bazelon's coverage suggests that six students face charges ranging from criminal harassment and stalking to civil rights violations, because South Hadley District Attorney Elizabeth Scheibel has made bullying a cause celebre in her long history of seeking excessive punishments. To wit, Scheibel slapped a 17-year-old kid with Asperger's syndrome, a high-functioning form of autism, with charges carrying a maximum 60-year sentence for making YouTube videos of himself lighting explosives in a field. He was later acquitted.
"Scheibel and her staff stepped in because they thought South Hadley High mishandled the lead-up to and the aftermath of Phoebe's death," writes Bazelon. "Does that amount to penalizing teenagers because the adults failed to do so?"
If so, the penalty could be up to 10 years in prison.
Bazelon adds that Phoebe's mother told school officials that her daughter was a victim of bullying in Ireland and was on antidepressant medication. Even after the first suicide attempt, however, officials allegedly did nothing to help the teenager.
While Bazelon's analysis doesn't defend the bullies, it seems to wave an angry finger at schools and their apparent problems in identifying bullies and helping kids at risk.
"There is no question that some of the teenagers facing criminal charges treated Phoebe cruelly," Bazelon writes. "But not all of them did. And it's hard to see how any of the kids going to trial this fall ever could have anticipated the consequences of their actions, for Phoebe or for themselves."
"Should we send teenagers to prison for being nasty to one another?" she asks. "Is it really fair to lay the burden of Phoebe's suicide on these kids?"
So far, they've been kicked out of school, publicly targeted and blamed for a girl's suicide. When the pretrial hearings for these kids begin in September, will the punishment fit the crime?
Related: Opinion: Be it Bullies or Sandra Bullock, the Victim Is Not to Blame
Tuesday
Monday
Saturday
Help us find Norma Lopez
POSSIBLE KIDNAP VICTIM
Police need help finding Norma Lopez, 17,
MORENO VALLEY, Calif. (KABC) -Authorities in Riverside County are searching for a missing 17-year-old Moreno Valley girl who may have been kidnapped.Investigators say family members became concerned when Norma Lopez did not return home from summer school on Thursday, 7/15
MORENO VALLEY, Calif. (KABC) -Authorities in Riverside County are searching for a missing 17-year-old Moreno Valley girl who may have been kidnapped.Investigators say family members became concerned when Norma Lopez did not return home from summer school on Thursday, 7/15
.
Witnesses told police they saw a newer-model green SUV speeding away from the area. Detectives said Lopez may have been taken against her will.
Lopez attended a summer class between 8 a.m. and 10 a.m. at Valley View High School, which is only one mile away from her house in the 27300 block of Cottonwood Ave.
She had planned to meet her younger sister and a friend at about 10 a.m. at her house, but police said the teen never arrived.
Officers talked to local business owners and searched the hillsides around the Cottonwood Avenue address, but found no sign of her.
Lopez attended a summer class between 8 a.m. and 10 a.m. at Valley View High School, which is only one mile away from her house in the 27300 block of Cottonwood Ave.
She had planned to meet her younger sister and a friend at about 10 a.m. at her house, but police said the teen never arrived.
Officers talked to local business owners and searched the hillsides around the Cottonwood Avenue address, but found no sign of her.
Lopez is about 5 feet, 7 inches tall and weighs about 110 pounds. She was last seen wearing a black-and-white horizontal-striped sleeveless shirt and black jeans. The FBI and the National Center for Missing and Exploited Children joined the Moreno Valley Police Dept. in the investigation.
Police released phone numbers for anyone who may have information related to Norma's disappearance:
A police hotline for this case has been established: (877) 242-4345.
Moreno Valley Police Dept.: (951) 247-8700
Anyone with information is asked to contact the Moreno Valley Police Department at (951) 247-8700 or the Riverside County Dispatch Center at (951) 776-1099
Help us find Norma Lopez
POSSIBLE KIDNAP VICTIM
Police need help finding Norma Lopez, 17,
MORENO VALLEY, Calif. (KABC) -Authorities in Riverside County are searching for a missing 17-year-old Moreno Valley girl who may have been kidnapped.Investigators say family members became concerned when Norma Lopez did not return home from summer school on Thursday, 7/15
MORENO VALLEY, Calif. (KABC) -Authorities in Riverside County are searching for a missing 17-year-old Moreno Valley girl who may have been kidnapped.Investigators say family members became concerned when Norma Lopez did not return home from summer school on Thursday, 7/15
.
Witnesses told police they saw a newer-model green SUV speeding away from the area. Detectives said Lopez may have been taken against her will.
Lopez attended a summer class between 8 a.m. and 10 a.m. at Valley View High School, which is only one mile away from her house in the 27300 block of Cottonwood Ave.
She had planned to meet her younger sister and a friend at about 10 a.m. at her house, but police said the teen never arrived.
Officers talked to local business owners and searched the hillsides around the Cottonwood Avenue address, but found no sign of her.
Lopez attended a summer class between 8 a.m. and 10 a.m. at Valley View High School, which is only one mile away from her house in the 27300 block of Cottonwood Ave.
She had planned to meet her younger sister and a friend at about 10 a.m. at her house, but police said the teen never arrived.
Officers talked to local business owners and searched the hillsides around the Cottonwood Avenue address, but found no sign of her.
Lopez is about 5 feet, 7 inches tall and weighs about 110 pounds. She was last seen wearing a black-and-white horizontal-striped sleeveless shirt and black jeans. The FBI and the National Center for Missing and Exploited Children joined the Moreno Valley Police Dept. in the investigation.
Police released phone numbers for anyone who may have information related to Norma's disappearance:
A police hotline for this case has been established: (877) 242-4345.
Moreno Valley Police Dept.: (951) 247-8700
Anyone with information is asked to contact the Moreno Valley Police Department at (951) 247-8700 or the Riverside County Dispatch Center at (951) 776-1099
abduction
The location of the abduction
POSSIBLE KIDNAP VICTIM
Police need help finding Normopez, 17, o
MORENO VALLEY, Calif. (KABC) -Authorities in Riverside County are searching for a missing 17-year-old Moreno Valley girl who may have been kidnapped.Investigators say family members became concerned when Norma Lopez did not return home from summer school on Thursday, 7/15
MORENO VALLEY, Calif. (KABC) -Authorities in Riverside County are searching for a missing 17-year-old Moreno Valley girl who may have been kidnapped.Investigators say family members became concerned when Norma Lopez did not return home from summer school on Thursday, 7/15
.
Witnesses told police they saw a newer-model green SUV speeding away from the area. Detectives said Lopez may have been taken against her will.
Lopez attended a summer class between 8 a.m. and 10 a.m. at Valley View High School, which is only one mile away from her house in the 27300 block of Cottonwood Ave.
She had planned to meet her younger sister and a friend at about 10 a.m. at her house, but police said the teen never arrived.
Officers talked to local business owners and searched the hillsides around the Cottonwood Avenue address, but found no sign of her.
Lopez attended a summer class between 8 a.m. and 10 a.m. at Valley View High School, which is only one mile away from her house in the 27300 block of Cottonwood Ave.
She had planned to meet her younger sister and a friend at about 10 a.m. at her house, but police said the teen never arrived.
Officers talked to local business owners and searched the hillsides around the Cottonwood Avenue address, but found no sign of her.
Lopez is about 5 feet, 7 inches tall and weighs about 110 pounds. She was last seen wearing a black-and-white horizontal-striped sleeveless shirt and black jeans. The FBI and the National Center for Missing and Exploited Children joined the Moreno Valley Police Dept. in the investigation.
Police released phone numbers for anyone who may have information related to Norma's disappearance:
A police hotline for this case has been established: (877) 242-4345.
Moreno Valley Police Dept.: (951) 247-8700
Anyone with information is asked to contact the Moreno Valley Police Department at (951) 247-8700 or the Riverside County Dispatch Center at (951) 776-1099
Thursday
Preceding editorial content by Me (YEAH, IT'S NOT PLAGIARIZED! READ IT ANYWAY!)
Ladies and Gentlemen. If you heard the crack of bone, numbness and the eventual smell of Gangrene fills the air, would you wait for more information to motivate you to seek out a doctor? Folks the stench has been progressing for years. How much more will it take? The tide has turned. Thousands of jobs lost every week. The millions of unemployed are a mask for the millions more that have fallen off the meager unemployment subsidies and thereby left out of the count and left out in the cold.
READ THIS - YOU ARE GOING TO LOOSE YOUR JOB. Our professional association... I mean union... No I was told we're not that... If not this year (2-3 more rounds of cuts this year.) Then within the next two years. By the time the California Deficit is fixed in reality not just on paper, the still out of control national economic recession, (how many times did Bush say "there is no recession?") will have spiraled down down to depression. Or worse yet, fostered by years of artificially maintained ultra low interest rates, a cycle of prolonged deflation. Ask a real economist. One without a personal political bend or trying to sell a product and you will see that this is not just possible. Probable? More economic variables than I know or care to list have come together in existential harmony to make a shambles of the American Dream and Our middle class. Do you know that the American Middle Class has been steadily decreasing since the Johnson administration. With the exception of a couple of years during Clinton's? Do you know we are dependent on a bloody debauched dictatorship for our national economic future? The Saudi's. Saudi Arabia has by virtue of it's huge oil reserves (read power and dependence related access to our military) keeps OPEC from raising prices or switching payment for that oil from the US dollar to the Euro. Either would bring us to our knees. Either would greatly increase the wealth of the other OPEC nations. Most of which have a burning axe to grind for the U.S.
As for the Saudi's every spare bit of capitol not spent on devaluing US assets to try and maintain some value of their previous investments, is spent paying for US military protection and keeping their own people from over throwing the Saudi family. And for some vary good reasons. According to the organization "Human Rights Watch," the Saudi family which is estimated at over a hundred individuals, still require women to obtain permission from male guardians (usually husband or father) to conduct their most basic affairs, like traveling or receiving medical care, even speaking in the presense of another man. A Juvenile death penalty. Currently, judges evaluate a suspect's signs of puberty... to determine whether to try him or her as an adult. No examination of a child's mental capacity takes place. There is NO minimum age. They import 1.5 million Asian workers each with promises of decent wages to take back home but most are treated and live worse than they did in their native countries. The wages turn out to be grossly substandard and each takes away job that Saudi workers desperately need. Poverty is rampant in SA. Because of the ultra secretive and inaccessible inner circle of the government let alone the Saudi family, it can not be confirmed but some human rights investigators believe that within the Saudi inner circles, men still buy female slaves kidnapped from brothels and off the streets of foreign countries.
NOW, WHAT DOES THAT HAVE TO DO WITH THE CTA/NEA? Please read the story linked to the title at the right or this article. I am not a Democrat or Republican but I find myself wading through the propaganda of both to assemble bits and pieces of the truth."WHERE THE HELL IS DAVID SANCHEZ AND THE CTA"
Ladies and Gentlemen. If you heard the crack of bone, numbness and the eventual smell of Gangrene fills the air, would you wait for more information to motivate you to seek out a doctor? Folks the stench has been progressing for years. How much more will it take? The tide has turned. Thousands of jobs lost every week. The millions of unemployed are a mask for the millions more that have fallen off the meager unemployment subsidies and thereby left out of the count and left out in the cold.
READ THIS - YOU ARE GOING TO LOOSE YOUR JOB. Our professional association... I mean union... No I was told we're not that... If not this year (2-3 more rounds of cuts this year.) Then within the next two years. By the time the California Deficit is fixed in reality not just on paper, the still out of control national economic recession, (how many times did Bush say "there is no recession?") will have spiraled down down to depression. Or worse yet, fostered by years of artificially maintained ultra low interest rates, a cycle of prolonged deflation. Ask a real economist. One without a personal political bend or trying to sell a product and you will see that this is not just possible. Probable? More economic variables than I know or care to list have come together in existential harmony to make a shambles of the American Dream and Our middle class. Do you know that the American Middle Class has been steadily decreasing since the Johnson administration. With the exception of a couple of years during Clinton's? Do you know we are dependent on a bloody debauched dictatorship for our national economic future? The Saudi's. Saudi Arabia has by virtue of it's huge oil reserves (read power and dependence related access to our military) keeps OPEC from raising prices or switching payment for that oil from the US dollar to the Euro. Either would bring us to our knees. Either would greatly increase the wealth of the other OPEC nations. Most of which have a burning axe to grind for the U.S.
As for the Saudi's every spare bit of capitol not spent on devaluing US assets to try and maintain some value of their previous investments, is spent paying for US military protection and keeping their own people from over throwing the Saudi family. And for some vary good reasons. According to the organization "Human Rights Watch," the Saudi family which is estimated at over a hundred individuals, still require women to obtain permission from male guardians (usually husband or father) to conduct their most basic affairs, like traveling or receiving medical care, even speaking in the presense of another man. A Juvenile death penalty. Currently, judges evaluate a suspect's signs of puberty... to determine whether to try him or her as an adult. No examination of a child's mental capacity takes place. There is NO minimum age. They import 1.5 million Asian workers each with promises of decent wages to take back home but most are treated and live worse than they did in their native countries. The wages turn out to be grossly substandard and each takes away job that Saudi workers desperately need. Poverty is rampant in SA. Because of the ultra secretive and inaccessible inner circle of the government let alone the Saudi family, it can not be confirmed but some human rights investigators believe that within the Saudi inner circles, men still buy female slaves kidnapped from brothels and off the streets of foreign countries.
NOW, WHAT DOES THAT HAVE TO DO WITH THE CTA/NEA? Please read the story linked to the title at the right or this article. I am not a Democrat or Republican but I find myself wading through the propaganda of both to assemble bits and pieces of the truth."WHERE THE HELL IS DAVID SANCHEZ AND THE CTA"
Tuesday
News
On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) . The Act, effective January 1, 2009, emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA.
On September 25, 2008, the President signed the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) . The Act, effective January 1, 2009, emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA.
ADA Changes Apply to Section 504. Section 504 was amended so that it now incorporates the ADA by reference and applies to public school students under Section 504. Read more.
On March 31, 2008, in Draper, a District Court issued a decision denying the motion by the Atlanta Public School District (“APS”) to dismiss Jarron Draper’s civil rights claims for monetary damages after APS discriminated against him, harassed him, and retaliated against him and his family over a period of many years. Read story. Download decision. See this other ruling in Draper, click here.
Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities. Section 504 ensures that the child with a disability has equal access to an education. The child may receive accommodations and modifications.
Unlike the Individuals with Disabilities Education Act (IDEA), Section 504 does not require the school to provide an individualized educational program (IEP) that is designed to meet the child's unique needs and provides the child with educational benefit. Under Section 504, fewer procedural safeguards are available to children with disabilities and their parents than under IDEA.
Section 504 is a civil rights law that prohibits discrimination against individuals with disabilities. Section 504 ensures that the child with a disability has equal access to an education. The child may receive accommodations and modifications.
Unlike the Individuals with Disabilities Education Act (IDEA), Section 504 does not require the school to provide an individualized educational program (IEP) that is designed to meet the child's unique needs and provides the child with educational benefit. Under Section 504, fewer procedural safeguards are available to children with disabilities and their parents than under IDEA.
Office of Civil Rights sends Resolution/Closure Letter in 'life threatening" Peanut Allergy case. Gloucester County, VA argued to the Office of Civil Rights (OCR) that a child with a life-threatening peanut allergy was not a child with a disability and therefore not entitled to either an IEP or a 504 plan. With complaints, OCR normally looks at the "process requirements of Section 504" and not the substance of "individual placement and other educational decisions made by a school division." However, in "extraordinary circumstances" OCR will review placement and "other educational decisions."
OCR explained that when "a school division's decision that a student is ineligible for Section 504 services could result in death or serious illness, there is a basis for . . . 'extraordinary circumstances' . . ." Based upon OCR's findings, the school district voluntarily agreed to re-evaluate the child's eligibility for a Section 504 plan."
Note: this is a large file and we suggest you "right click" save it to your hard drive before opening. Click here to download and read.
AdvocacyTo be an effective advocate for a child with a disability, you need to know your rights and responsibilities under the IDEA and Section 504. You also need to learn advocacy skills.
Download Free Flyer! Help for College Students with Disabilities Flyer. College-bound students need to learn self-advocacy skills - how to present information about their disability and accommodations so professors want to help. If students master these skills, they are more likely to make a successful transition from high school to college.
OCR explained that when "a school division's decision that a student is ineligible for Section 504 services could result in death or serious illness, there is a basis for . . . 'extraordinary circumstances' . . ." Based upon OCR's findings, the school district voluntarily agreed to re-evaluate the child's eligibility for a Section 504 plan."
Note: this is a large file and we suggest you "right click" save it to your hard drive before opening. Click here to download and read.
AdvocacyTo be an effective advocate for a child with a disability, you need to know your rights and responsibilities under the IDEA and Section 504. You also need to learn advocacy skills.
Download Free Flyer! Help for College Students with Disabilities Flyer. College-bound students need to learn self-advocacy skills - how to present information about their disability and accommodations so professors want to help. If students master these skills, they are more likely to make a successful transition from high school to college.
There is nothing in the law that says a child with a disability should have an IEP for some needs and a 504 plan for others. It’s confusing, it’s more work, and it’s unnecessary.
Section 504 of the Rehabilitation Act is a federal civil rights law that prohibits discrimination against individuals with disabilities. Compliance is not optional.
When schools punish sick children who miss school. Public schools are required by law to accommodate the health needs of these students. The plan to accommodate health needs may be called a health plan or a 504 plan.
"Although my daughter wants to play basketball in high school, she will only be eligible in 9th and 10th grades. She is being penalized because of her disability and I don’t think it’s fair. Is this legal?"
No, it’s not fair and some courts have found that this is discrimination.
Child with ADD Kicked Out of After-School Program. Parent attorney Bob Crabtree answers questions and describes responsibilities of private programs to provide services to children with disabilities; suggests strategies parents may use to resolve problems with day care and after-school program providers.
Discrimination: Sending Special Ed Kids Home Early. Surprisingly, we continue to receive questions about school districts that have one set of rules for "special ed kids" and a different set of rules for everyone else. This article answers the questions, then describes a successful OCR complaint brought by a group of parents in Virginia.
Child with 504 Plan Failing, School Won't Evaluate. Child has a 504 Plan; grades dropping; school will not evaluate for IEP because child does not have failing grades on report card. Parent needs a game plan.
Some students with disabilities need accommodations or modifications to their educational program. Even with consistent teaching of strategies, his areas of weakness will probably never be strengths. It’s time for the school to identify and focus on his strengths, and help him find ways to compensate with the problem areas.
The parent is distressed when his child was suddenly dismissed as manager of a sports team. Sue Heath offers a plan to deal with the crisis and answers his questions about how to get an appropriate 504 Plan and ensure that the school implements the plan.
Child Has Health Problems, School Reports Him Truant Sue Heath explains, "You need to take steps to document that your child's absences were due to illness. You also need to prevent this from happening again. Here is your plan . . .". This article includes links to sample Section 504 plans and health plans.
Self-Advocacy: Know Yourself, Know What You Need, Know How to Get It by Nancy Johnson. "Self-advocacy is the ability to understand and effectively communicate one's needs to other individuals. Learning to become an effective self-advocate is all about educating the people around you. There are three steps to becoming an effective self-advocate . . ."
Who is Eligible for Protections Under Section 504 - But Not Under IDEA? Who is protected under Section 504? A student with AIDS? A student with ADD? A student with asthma?
Self-Advocacy: Know Yourself, Know What You Need, Know How to Get It by Nancy Johnson. "Self-advocacy is the ability to understand and effectively communicate one's needs to other individuals. Learning to become an effective self-advocate is all about educating the people around you. There are three steps to becoming an effective self-advocate . . ."
Who is Eligible for Protections Under Section 504 - But Not Under IDEA? Who is protected under Section 504? A student with AIDS? A student with ADD? A student with asthma?
Help! My Son with LD Graduates: Who Will Write His 504 When He Loses His IEP? Post-secondary schools have no obligation to create a document like the IEP and there is no protection under IDEA. But post-secondary schools are subject to Section 504 and Title II of the Americans with Disabilities Act. You need to make sure you both know what to expect.
Word Banks and Calculators: Pete Answers Questions About Accommodations and Modifications. Do teachers have to provide the accommodations and modifications listed in the IEP? Pete answers questions, offers thoughts about teaching skills v. providing accommodations and modifications, Diana Hanbury King and Helen Keller, and his "Big Gripe" about special education. Accommodations and Modifications for College Students. Do colleges have to provide accommodations for disabled students? Dr. Mike Brown offers advice about dealing with colleges.
Legal Articles
Law-Damages? Deliberate Indifference? Lawsuit Against Hawaii DOE Goes to the Jury. After a 4 1/2-week jury trial, the first damages case against the Hawaii DOE went to the jury 24 hours ago. Three more cases alleging deliberate indifference on the part of the DOE are poised to go forward.
Law-Damages? Deliberate Indifference? Lawsuit Against Hawaii DOE Goes to the Jury. After a 4 1/2-week jury trial, the first damages case against the Hawaii DOE went to the jury 24 hours ago. Three more cases alleging deliberate indifference on the part of the DOE are poised to go forward.
ADA & Day Care Centers: Burriola v. Greater Toledo YMCA. Many parents find day care centers unwilling to accept their children with disabilities. The doors to day care centers opened wider for children when a federal judge issued an injunction on behalf of Jordan Burriola, ordering the center to reinstate him and train their staff. This article includes links to pleadings and an article by Tom Zraik, Jordan's attorney.
Advocating for the Child with Diabetes - This article by Dr. William L. Clarke provides specific examples of how parents and others encountered barriers and resolved conflict with schools; includes suggestions for participation in the advocacy process.
Doing the Right Thing: Court Vindicates School Nurse in Retaliation Case - Linda McGreevy is a licensed professional nurse, a pediatric nurse practitioner, and a certified school nurse. During the first five years when she worked as a school nurse in the Bermudian Springs Elementary School, she received excellent performance evaluations. Suddenly, her evaluations dropped to unsatisfactory levels. What caused her fall from grace? Education Discrimination Information - excellent resources from the American Diabetes Association.
Employment Law Protections for Parents of Disabled and Ill Children. Attorney Loring Spolter describes The Family and Medical Leave Act (FMLA) that provides important job protections to parents who take time off from work to be with children receiving medical and psychiatric care or are recuperating from serious health concerns.
Model Policy Prohibiting Harassment, Intimidation and Bullying on School Property, at school Sponsored Functions, and on School Busses from Sussman and Greewald, a New Jersey law firm that represents children with disabilities and their parents.
Section 504, the ADA, and Education Reform. Describes key concepts under Section 504 and ADA: comparable benefits and services, criteria and methods of administration, reasonable accommodations; and maximum feasible integration. Describes use of standards as a strategy for education reform.
Wrightslaw Discussion of Section 504, the ADA, and the IDEA. Many parents and educators are confused about rights and benefits under Section 504 and the IDEA. This article describes the purposes of these laws and differences in legal rights in several important areas: eligibility, procedural safeguards, impartial hearings, access v. educational benefit, and discipline.
Sample Section 504 and Medical Management Plans - The American Diabetes Association offers excellent model 504 Plans and health plans. These forms can be modified to cover other medical problems. Tip: Consult with your child's pediatrician to make sure the plan is complete and covers all your child's health needs.
Qs & As about IDEA, Students with Disabilities and State and District Assessments. "Family friendly" version of OSEP Memorandum about assessments; 26 questions and answers about parental permission, role of IEP team, accommodations and modifications; alternate assessments, out-of-level testing, accountability, and more.
Accommodations & Modifications. Some students with disabilities need accommodations or modifications to their educational program. This short article defines these terms and provides helpful suggestions for changes in textbooks and curriculum, the classroom environment, instruction and assignments, and behavior expectations. (4 pages, pdf)
Accommodations & Modifications. Some students with disabilities need accommodations or modifications to their educational program. This short article defines these terms and provides helpful suggestions for changes in textbooks and curriculum, the classroom environment, instruction and assignments, and behavior expectations. (4 pages, pdf)
Accommodations Manual: How to Select, Administer, and Evaluate Use of Accommodations for Instruction and Assessment of Students with Disabilities. (pdf format) Developed by the Council of Chief State School Officers (CCSSO) State Collaborative on Assessment and Student Standards Assessing Special Education Students.
Caselaw
Burriola v. Greater Toledo YMCA. Jordan Burriola, a young child with autism, was abruptly terminated from his day care center. In Jordan Burriola v. Greater Toledo YMCA,the Court issued an injunction against the YMCA. The YMCA was ordered to reinstate Jordan and train staff to work with him. Order in pdf
Jarron Draper v. Atlanta Public School District (N.D. GA 2008) Court denies motion by Atlanta Public Schools (“APS”) to dismiss Jarron’s civil rights claims for damages after APS discriminated against him, harassed him, and retaliated against him and his family over many years; monetary damages requested under Section 504. (PDF)
J. S. v. Isle of Wight VA Sch. Bd, U. S. Court of Appeals for the Fourth Circuit. Money damages are not available because Congress intends disabled children to pursue claims to FAPE through remedial mechanisms in the IDEA statute; extensive discussion of statute of limitations and federal "borrowing" doctrine. (2005)
Linda McGreevy v. Stroup, Tsosie, Soltis, Bermudian Springs Sch. District - U. S. Court of Appeals for the Third Circuit held that school administrators may be officially and individually liable for retaliating against a school nurse who advocated for children with disabilities. (2005)
Burriola v. Greater Toledo YMCA. Jordan Burriola, a young child with autism, was abruptly terminated from his day care center. In Jordan Burriola v. Greater Toledo YMCA,the Court issued an injunction against the YMCA. The YMCA was ordered to reinstate Jordan and train staff to work with him. Order in pdf
Jarron Draper v. Atlanta Public School District (N.D. GA 2008) Court denies motion by Atlanta Public Schools (“APS”) to dismiss Jarron’s civil rights claims for damages after APS discriminated against him, harassed him, and retaliated against him and his family over many years; monetary damages requested under Section 504. (PDF)
J. S. v. Isle of Wight VA Sch. Bd, U. S. Court of Appeals for the Fourth Circuit. Money damages are not available because Congress intends disabled children to pursue claims to FAPE through remedial mechanisms in the IDEA statute; extensive discussion of statute of limitations and federal "borrowing" doctrine. (2005)
Linda McGreevy v. Stroup, Tsosie, Soltis, Bermudian Springs Sch. District - U. S. Court of Appeals for the Third Circuit held that school administrators may be officially and individually liable for retaliating against a school nurse who advocated for children with disabilities. (2005)
Polera v. Bd Ed. Newburgh City Sch. Dist, U. S. Court of Appeals for the Second Circuit. In damages case under Section 504 and ADA, disabled child must first exhaust administrative remedies under IDEA (2002).
Judith Scruggs, Administratix of Estate of Daniel Scruggs v. Meriden Bd of Ed., E. Ruocco, M. B. Iacobelli, and Donna Mule (U. S. D. Conn. 2005) Suit for actual and punitive damages against school board, superintendent, vice principal and guidance counselor under IDEA, ADA, 504, 42 USC 1983, 1985 and 1986. Child bullied, harrassed in school for years while school personnel looked on, did nothing. Child committed suicide. Includes a discussion of why parent did not have to exhaust admininistrative remedies under IDEA.
W.B. v. Matula, U. S. Court of Appeals for the Third Circuit. Availability of damages under Section 504, IDEA, and Section 1983 when district refused to evaluate, classify and provide appropriate services to disabled child; exhaustion, qualified immunity, due process (1995).
Judith Scruggs, Administratix of Estate of Daniel Scruggs v. Meriden Bd of Ed., E. Ruocco, M. B. Iacobelli, and Donna Mule (U. S. D. Conn. 2005) Suit for actual and punitive damages against school board, superintendent, vice principal and guidance counselor under IDEA, ADA, 504, 42 USC 1983, 1985 and 1986. Child bullied, harrassed in school for years while school personnel looked on, did nothing. Child committed suicide. Includes a discussion of why parent did not have to exhaust admininistrative remedies under IDEA.
W.B. v. Matula, U. S. Court of Appeals for the Third Circuit. Availability of damages under Section 504, IDEA, and Section 1983 when district refused to evaluate, classify and provide appropriate services to disabled child; exhaustion, qualified immunity, due process (1995).
Yankton v. Schramm. In a case involving a high school student with cerebral palsy, the U. S. Court of Appeals for the Eighth Circuit discusses eligibility for special education and related services under IDEA, Section 504, and transition plans.
Legal Rights of Children with Epilepsy in School & Child Care: An Advocate's Manual (PDF) Advocate's Manual published by The Epilepsy Foundation that provides detailed practical guidance to help parents and non-attorney advocates understand the rights of children in the special education process.This new manual is not limited to children with epilepsy, it's reach is far broader. It provides excellent information about how to effectively advocate to secure the rights of all children with disabilities.
Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities (U. S. Department of Education). Five-page booklet answers questions about admissions, accommodations & academic adjustments, documentation, evaluations, and discrimination under Section 504 of the Rehabilitation Act
Accommodations Manual: How to Select, Administer, and Evaluate Use of Accommodations for Instruction and Assessment of Students with Disabilities. (pdf format) Developed by the Council of Chief State School Officers (CCSSO) State Collaborative on Assessment and Student Standards Assessing Special Education Students.
The Accommodations Manual presents a five-step process for individualized educational program teams, 504 plan committees, general and special education teachers, administrators, and district-level assessment staff to use in the selection, administration, and evaluation of the effectiveness of the use of instructional and assessment accommodations by students with disabilities. The guidance in the manual pertains to students with disabilities who participate in large-scale assessments and the instruction they receive. Word Format
All Kids Count: Child Care Centers & the ADA. (The Arc) Describes obligations of child care providers under the ADA.
Becoming a Diabetes Advocate in the School - Learn how to advocate for students with diabetes using a four-pronged approach - educate, negotitate, litigate, and legislate. Published by the American Diabetes Association (8 pages, PDF)
Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act. (U. S. Department of Justice) 13-page publication explains how ADA requirements apply to Child Care Centers; describes ongoing enforcement efforts in child care by Department of Justice; provides resource list of information about the ADA.
Commonly Asked Questions About Child Care Centers and the Americans with Disabilities Act. (U. S. Department of Justice) 13-page publication explains how ADA requirements apply to Child Care Centers; describes ongoing enforcement efforts in child care by Department of Justice; provides resource list of information about the ADA.
Protecting Students from Harassment and Hate Crimes: A Guide for Schools (U. S. Department of Education Office for Civil Rights and National Association of Attorneys General). Many children experience sexual, racial and ethnic harassment at school. This Guide provides guidance about protecting students from harassment and violence based on race, color, national origin, sex, and disability. Download
Rehabilitating Section 504 (National Council on Disability) One of a series of analyses by the National Council on Disability (NCD) about federal enforcement of civil rights laws.Rehabilitating Section 504 provides a blueprint for addressing the shortcomings that have hindered compliance and enforcement of Section 504 of the Rehabilitation Act.
Safe at School: Diabetes in the Classroom - Is your child's school equipped to treat your child's diabetes? Includes success stories of school districts that have adopted policies to ensure that children are safe.
Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities (U. S. Department of Education). Booklet for students who plan to continue their education after high school; includes questions and answers about admissions, accommodations & academic adjustments, documentation, evaluations, and discrimination under Section 504 of the Rehabilitation Act. In html
Students with Disabilities Preparing for Postsecondary Education: Know Your Rights and Responsibilities (U. S. Department of Education). Booklet for students who plan to continue their education after high school; includes questions and answers about admissions, accommodations & academic adjustments, documentation, evaluations, and discrimination under Section 504 of the Rehabilitation Act. In html
Office of Civil Rights - "We serve student populations facing discrimination and the advocates and institutions promoting systemic solutions to civil rights problems. An important responsibility is resolving complaints of discrimination."
Student Placement in Elementary and Secondary Schools and Section 504 and Title II of the Americans with Disabilities Act. (Code No. 19) (1998). This OCR publication explains Section 504 of the Rehabilitation Act of 1973 and Title II of the Americans With Disabilities Act and how they affect student placement in elementary and secondary schools. It also explains evaluation and placement procedures, the educational setting, reevaluations, the individualized education program, procedural safeguards, and nonacademic services and activities.
Free Appropriate Public Education for Students with Disabilities: Requirements Under Section 504 of the Rehabilitation Act of 1973. (Rev. September 2007). This OCR pamphlet answers the following questions about FAPE: Who is entitled to a free appropriate public education? How is an appropriate education defined? How is a free education defined?
How to File a Discrimination Complaint with the Office for Civil Rights in English (September 29, 2005)
How to File a Discrimination Complaint with the Office for Civil Rights in Spanish (September 29, 2005)
Customer Service Standards for the Case Resolution Process
OCR's Complaint Resolution Procedures
Contact OCR
The OCR Case Resolution and Investigation Manual
How to File a Discrimination Complaint with the Office for Civil Rights in English (September 29, 2005)
How to File a Discrimination Complaint with the Office for Civil Rights in Spanish (September 29, 2005)
Customer Service Standards for the Case Resolution Process
OCR's Complaint Resolution Procedures
Contact OCR
The OCR Case Resolution and Investigation Manual
Subscribe to:
Posts (Atom)