Schools Must Offer Communication Supports, Feds Say

On November 13, 2014, Disability Scoop reported:

The Obama administration is reminding schools of their wide-ranging responsibilities to students with disabilities who struggle with speech and other communication difficulties.

In guidance [PDF] issued Wednesday, federal officials said the nation’s public schools have obligations under three separate laws to “ensure that communication with students with hearing, vision and speech disabilities is as effective as communication with all other students.”

An advocate for the civil rights of the disabled warned of cases where this process may be administered in a discriminatory fashion:

Denise Marshall at the Council of Parent Attorneys and Advocates, a special education advocacy organization, said her group welcomes the guidance to schools, but she worries that it is not clear enough and could lead to further hurdles for students.

“Our members have seen a lot of schools try to force a student to use a communication aid or service that is clearly not appropriate just to rule it out. This causes significant delays and makes many students feel like laboratory test subjects and robs them of their dignity,” Marshall said.

From previous posts on the causes of the tendency to subject the disabled to discriminatory treatment:

“Spoiled Identity”: When the Disabled Are Not In “A State of Society” - In Pauline Maier's American Scripture we find:

In June 1776 the Virginia Convention ... amended the ... draft so it said that "all men are by nature equally free and independent" and had "certain inherent rights" ... "when they enter into a state of society." The statement ... freed the state of Virginia from an obligation to recognize and protect the inherent rights of slaves since ... slaves had never entered Virginia's society, which was confined to whites. - Pauline Maier, American Scripture: Making the Declaration of Independence, p. 193 (Emphasis added)

The post continues:

What is significant here is that the basic human rights—normal human rights—are not guaranteed simply because a person is human, but only if society accepts the person. The "spoiled identity" which sociologists recognize in such stigmatized people as the disabled, and especially those with birth defects, often means a specific lifetime exclusion from society. The results, as implied by the following defamatory passage from the Time Magazine web site, can be devastating:

Another six months of Monica, have mercy; I don't care if it harelips the Governor. - Molly Ivins, Time.com

The sociologist notes that the effect is reduced "life chances": 

Goffman [says] “The term stigma, then, will be used to refer to ... a special kind of relationship between attribute and stereotype” (2). [1] Observing that “the person with stigma is not quite human” (3), Goffman explains that the our unconscious assumptions lead us to “exercise varieties of discrimination, through which we effectively, if often unthinkingly, reduce his life chances.”

More on the Virginia Declaration of Rights:

Edmund Pendleton proposed the line "when they enter into a state of society" which allowed slave holders to support the declaration of universal rights which would be understood not to apply to slaves as they were not part of civil society.

Molly Ivins' "Governor," if he could actually wake up with a widely scapegoated birth defect, would find everything profoundly changed. He would suddenly find himself outside of society.
And to be outside of society would be, as the framers of the Virginia Declaration of Rights implied, to be denied the "universal rights" which normal, decent people accord to each other. “The person with stigma is not quite human.”

 From Here and There in Disability Discrimination:

Some time ago ABC News reported another cerebral palsy discrimination case: “An Ohio man faces one month of jail time for teasing and taunting a 10-year-old girl with cerebral palsy after a video of the incident went viral.”:

Jennifer Fitzsimmons, the chief assistant city prosecutor for this case, says in the three years she's been in this role, she's never seen anything like this.

"I think when we look at cases, there's case law out there regarding people commenting and gesturing against race and religion. But when there's nothing out there regarding disabilities, it took me a little bit longer to come to a decision."

After Fitzsimmons reviewed the Knight family's complaint, a police report based on a phone call from the Knight family, and the video captured by [her mother-in-law] Prince, she decided to press charges. ...

Bailey, who works as a truck driver, was charged twice. He was originally charged for aggravated menacing, a misdemeanor of the first degree. In this charge, the victim was Knight, an incident she says took place the same day as the bus stop scene.

Bailey, she said, "was swinging a tow chain on his porch, saying he was going to choke me until I stopped twitching. I sent my kids with my mother-in-law to leave with them. My husband called the sheriff." ...

"I don't think this sentence will change things because it hasn't so far," said Knight.

Knight says living next door to the Baileys affects their everyday lives.

Just last summer, said Knight, 9-year-old Joseph Bailey came over to play with Knight's children and brought over a pocket knife, threatening to "cut [Hope] up," followed by name calling. That harassment continued into the school year.

Since the bus stop incident, Knight has spoken with the bus driver and the school's principal. Knight now drives Hope to school every day while her other two children ride another bus to school.

Hope was born 29 weeks premature after Knight was involved in a head-on auto collision. When she was born, Hope weighed only two pounds, 12 ounces, which caused several medical problems resulting in two brain surgeries. Knight says her daughter fought for her life the first two years.

As for whether this case presents a new precedent in Ohio is another debate.

"I don't know if it sets a precedent so much maybe as it begins a conversation between people," said Fitzsimmons. "I think conversation starts progress, and I think if it can bring something else to light, it would be good." (Emphasis added)

We reported on previous cerebral palsy cases here and here.

We noted the double standard in respect to the civil rights of minorities and the civil rights of the disabled here.

Here we asked for a landmark disability civil rights case.