Skip to main content

View Diary: My foster child was publicly shamed by a teacher today-Updated (69 comments)

Comment Preferences

  •  Hidden disabilities (8+ / 0-)

    The Civil Rights of Students with Hidden Disabilities Under Section 504 of the Rehabilitation Act of 1973

    Hidden disabilities are physical or mental impairments that are not readily apparent to others

    Approximately four million students with disabilities are enrolled in public elementary and secondary schools in the United States.

    Of these 43 percent are students classified as learning disabled, 8 percent as emotionally disturbed, and 1 percent as other health impaired.

    These hidden disabilities often cannot be readily known without the administration of appropriate diagnostic tests.

    Students with hidden disabilities frequently are not properly diagnosed. For example, a student with an undiagnosed hearing impairment may be unable to understand much of what a teacher says; a student with a learning disability may be unable to process oral or written information routinely; or a student with an emotional problem may be unable to concentrate in a regular classroom setting.

    As a result, these students, regardless of their intelligence, will be unable to fully demonstrate their ability or attain educational benefits equal to that of nonhandicapped students. They may be perceived by teachers and fellow students as slow, lazy, or as discipline problems.

    The U.S. Department of Education (ED) enforces Section 504 in programs and activities that receive financial assistance from ED. Recipients of this assistance include public school districts, institutions of higher education, and other state and local education agencies.

    ED maintains an Office for Civil Rights (OCR), with ten regional offices and a headquarters office in Washington, D.C., to enforce Section 504 and other civil rights laws that pertain to recipients of ED funds.

    Contact info
    U.S. DEPARTMENT OF EDUCATION
    OFFICE FOR CIVIL RIGHTS:
    https://wdcrobcolp01.ed.gov/...

    Further, there is case law (in GA) regarding
    "Deliberate Indifferences" Damages under the Rehabilitation Act, ADA, 504

    When it comes to disabled students, there are two potent weapons for parents in the form of the Federal Rehabilitation Act (29 USC § 794) and the Individuals With Disabilities Education Act (“IDEA,” 20 USC § 1400, et seq.).  The Rehabilitation Act forbids organizations that receive federal funding, including public schools, from discriminating against people with disabilities.  Thus, section 504 of the Act states that “no otherwise qualified individual with a disability . . . shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” 29 U.S.C. § 794(a); see also 34 C.F.R. § 104.4.
    See the rest of the write up here:

    http://www.slotelaw.com/...

    Blessings to you for parenting & advocating for your foster daughter.  Although it won't bring peace, please know that it does not matter whether you are the bio or foster parent of a child with disabilities, you have to fight for the child's civil rights along the way.  

    Fortunately, there are mandated laws in place to assist.  If possible, take a moment to print out & familiarize self with these laws.  Provide the ad lit guardian with copies & take to every meeting you have with the public school system.   It may help knowing that many are not familiar with the totality of various law's protections or consequences.

    Another law that will serve your daughter is the TECH Act of 1988 (P.L. 100-407)-whether low or high technology.  Every public school system has access to a dedicated AT center-whether for evals or for actual tools.

    Here is a link providing a simple overview of the Tech Act & other laws:
    http://atto.buffalo.edu/...

    Clicking around on the site will provide you with a mini lesson or better understanding on disability laws & mandates.

    Hope this helps some & does not overwhelm.  Being armed with the knowledge that there are mandates in place to protect your child will ease the journey.

    Unexpected joys wished you & yours

    •  Fabulous info. (4+ / 0-)
      Recommended by:
      wa ma, worldlotus, chimene, kurt

      I was one of those lazy kids, plenty smart but just didn't want to apply myself.  

      It wasn't until I started studying to teach special ed a few years ago that I realized that, rather than simply being the bad child so many adults insisted I was, it was ADHD.

      Courtesy is owed. Respect is earned. Love is given. (Unknown author, found in Guide to Texas Etiquette by Kinky Friedman)

      by marykmusic on Wed Nov 06, 2013 at 08:19:27 PM PST

      [ Parent ]

      •  Thanks. I think it was around 1985 that I first (3+ / 0-)
        Recommended by:
        wa ma, marykmusic, kurt

        awakened to the hard truths surrounding those living with disability, how little informed many of us truly are and just how grossly negligent many entities are who should be  better informed.

        I have this slow burn within my heartsoul regarding disability issues & stories such as this diary addresses...really really makes me angry.  

        Here one finds a societal rarity-a being willing to provide both sanctuary & advocacy for a troubled youth.  A youth who has sustained who knows how many or what kinds of loss.  And yet the very entities that could and should provide the supports necessary for success are instead creating a blueprint for further loss.

        Loss that has  potential reverberation throughout society; throughout a life.

        Hopefully, the diarist lives in an area where a CASA or a special education advocate might prove helpful.  Hopefully, there is someone who can provide the diarist with the long term supports they need so that they can continue to provide what they obviously want for this child.

        I am so very glad that you found & embrace the beauty of unique you.  Heh, if it had not been for a passing remark during a lecture by a sociology prof years ago, I would still think something was very wrong with me (ie incredibly stupid) regarding math....

        •  Ah, yes... math... (2+ / 0-)
          Recommended by:
          wa ma, worldlotus

          It's called "discalcula" and is a form of dyslexia involving numbers.  I've probably got it, as it reared its ugly head a couple weeks after a bad fall from a horse that busted my helmet up.

          Courtesy is owed. Respect is earned. Love is given. (Unknown author, found in Guide to Texas Etiquette by Kinky Friedman)

          by marykmusic on Thu Nov 07, 2013 at 07:01:51 AM PST

          [ Parent ]

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site