Showing posts with label Americans with Disabilities Act. Show all posts
Showing posts with label Americans with Disabilities Act. Show all posts

Tuesday, November 23, 2021

Big Win in Dyslexia Case! Court Orders District to Reimburse Parents $456,990.60

 


by Peter W.D. Wright & Pamela Wright

Wrightslaw.com

In O.R. v. Clark County Schools, a federal judge determined that the school district violated the Individuals with Disabilities Education Act, Section 504 of the Rehabiliation Act, and Title II of the Americans with Disabilities Act, and ordered Clark County School District to reimburse the parents $456,990.60.


O.R. is a child with dyslexia and other learning disabilities. Fifteen to twenty percent of all school children have dyslexia. Dyslexia is the most common cause of reading, writing and spelling difficulties. [What is Dyslexia?]

Although dyslexia makes learning to read more difficult, children with dyslexia can learn to read if they have the right instruction. Parents of children with dyslexia who seek the "right instruction" in public school programs are often stunned when they encounter major obstacles to their reasonable requests that the school teach their children to read.

Few parents know that many teachers, including special education teachers, were not trained to teach children, including children with dyslexia, to read. Few parents are aware that many programs used by public schools to teach children to read are not effective or research-based.

This case is noteworthy in several respects. The Court held that:..

https://www.wrightslaw.com/law/art/nv.or.clark.county.dyslexia.htm?fbclid=IwAR3AaCgdySyr2tKdPPSf_n0Hu2iRiEyhsbKJY9reT5J6uLMPmoJQhDXqAjs

Tuesday, November 27, 2018

U.S. Education Department investigates Laramie Co. schools

CHEYENNE — Laramie County's largest school district is still being investigated by the U.S. Department of Education a little less than two years after a student filed a complaint accusing the district of discrimination against African-American and disabled students.
In a letter addressed to former LCSD1 Superintendent John Lyttle and dated Dec. 7, 2017, department officials wrote the parties had reached a settlement and would close investigations into whether the district discriminated against the student for his disability and on the basis of sex and race.
But the department is still exploring whether the district "systemically" discriminates against African-American and disabled students, according to the U.S. Department of Education Office for Civil Rights' website...

Tuesday, February 21, 2017

Act Now to Advocate for Children with Disabilities

You can make a difference! The House Ways & Means Committee has just heard three of Disability Rights Maryland's priority bills and will be voting on them soon. We need YOU to let the Committee members know you support these important bills!
 
HB 331 (Luedtke) strictly limits the use of physical restraint and seclusion against students at school, practices that disproportionately target students with disabilities and students of color, and are highly traumatizing and dangerous. The bill would also require data collection if such practices are used.
 
HB 425 (Lierman) bans out-of-school suspension and expulsion for young children in Pre-Kindergarten through 2nd grade - another discipline practice that inordinately targets students with disabilities and students of color, and pushes them toward academic failure and the school-to-prison pipeline. Young children need to stay in school and learn.
 
HB 456 (Kaiser) requires the development of a dispute resolution process to ensure that children with disabilities and their families have access to child care services.
 
PLEASE CALL THESE COMMITTEE MEMBERS ASAP - THANK YOU!

 
Anne Kaiser (Chair)
 
Frank Turner (Vice Chair)
410-841-3246
 
Sheila Hixson (Chair Emeritus)
410-841-3469
 
 
Kathy Afzali
410-841-3288
 
Bilal Ali
410-841-3268

Darryl Barnes
410-841-3557
 
Jason Buckel
410-841-3404
 
Eric Ebersole
410-841-3328
 
Kevin Hornberger
410-841-3284
 
Carolyn Howard
410-841-3919
 
Robert Long
410-841-3458
 
Eric Luedtke
410-841-3110
 
Nick Mosby
410-841-3520
 
Edith Patterson
410-841-3247
 
Teresa Reilly
410-841-3278
 
April Rose
410-841-3070
 
Haven Shoemaker
410-841-3359
 
Meagan Simonaire
410-841-3206
 
Jimmy Tarlau
410-841-3326
 
Jay Walker
410-841-3581
 
Alonzo Washington
410-841-3652
 
Mary Washington
410-841-3476
 
Jheanelle Wilkins
410-841-3493
 

Wednesday, July 22, 2009

Above the law? MCPS ignores ADA amendments

Gazette Letter to the Editor:

Schools must keep pace with ADA changes

The congressional debate on the Americans with Disabilities Act Amendments Act of 2008 noted that: "Too many individuals with documented learning disabilities, including dyslexia, are denied access to easily administered and often low-cost accommodations that would make the critical difference in allowing them to demonstrate their knowledge. These amendments to the ADA do not provide any special treatment, but rather, ensure that each individual with a learning disability has every opportunity to apply for and receive a reasonable accommodation so he/she can move forward in his/her chosen educational and career paths."

The at explicitly recognizes that reading, concentrating, and communicating are major life activities; a disability is a physical or mental impairment that substantially limits one or more major life activities.

The at directs that the determination of whether an impairment substantially limits a major life activity shall be made without regard to the ameliorative effects of mitigating measures such as medication, use of assistive technology, or auxiliary aids and services.

Montgomery County Public Schools has yet to revise its regulations to conform to the at's significant changes which were effective Jan.1.

The school system's regulation on "Accommodations and Services to Students Qualifying Under Section 504 of the Rehabilitation Act of 1973" specifically states that the use of mitigating measures must be considered in determining the student's eligibility under Section 504, and that if the student experiences no substantial limitation to life activities when using the mitigating measure, he or she is not eligible.

This is contrary to the U.S. Department of Education's Office for Civil Rights document on "Protecting Students with Disabilities" which advises that as of Jan. 1, school districts, in determining whether a student has a disability, must not consider the ameliorating effects of any mitigating measures that student is using.

Last September U.S. Rep. Chris Van Hollen (D-8th Dist.) remarked that the ADA Amendments Act of 2008 was "long overdue." It's past time for schools Superintendent Jerry Weast to see that school regulations are revised and staff trained to comply with federal law protecting students with disabilities.

Kathleen Gilhooly, Bethesda

Update: Ms. Gilhooly's letter has been linked on the the WSANA blog.