Académique Documents
Professionnel Documents
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- Born deaf
o When in kindergarten, school was understanding but district prevented access/denied
payment for interpreter
o Mother (who became deaf after measles) was aware of signing options and couldn’t
imagine school for Amy without interpreter
- No ADA at the time; parents started researching options and finding out what parental rights
were
o Mediation with school district
1 month trial with interpreter paid by district to see her progress
Unfamiliar with interpreter, intimidating, hid from man
After 1 week, school notified parents that interpreter was dropped
Stated “obvious that Amy won’t need an interpreter”
o Arguments between parents & school
Parents saw intelligence; school said average – gave IQ test but didn’t use
interpreter
Went back and forth and gave multiple tests; scores naturally improved
- Sued the school
o Challenged new law; lawyer who lost hearing during law school volunteered to pursue
lawsuit (not SpEd lawyer but aware the situation was not right)
o Won first case
School disagreed and appealed
- At the end of 2nd grade, appeal was heard
o Appeal court supported parents
Judge told school that interpreter must be provided
rd
- 3 grade had interpreter
o Mediator to Amy in interacting with peers
Taught her how games were played; understanding rules
o Teacher, principal & school knew Amy and saw her as a person
District – piece of paper
rd
- End of 3 grade – satisfied with academics and support
o Didn’t have to reteach after school; could come home and play
th
- 4 grade – different interpreter
o District stated needed different services; wasn’t a true interpreter – was a Deaf Ed
teacher
Pulled out of GenEd classroom because wasn’t doing well (from district who
didn’t see her smart in Kgtn) Amy asked questions about science; got 2-3
sentences from DeafEd teacher instead of 10 minute lecture.
How was being pulled out of class helpful??
o Parents complained, district didn’t listen
At end of 4th grade, Supreme Court agreed to hear case
Only looked at 2nd grade and earlier
Did not look at 3rd and 4th grade or consider reteaching in the home
Based on narrow information, court agreed she did not need interpreter
o Amy did not have interpreter in 5th grade; teacher had to write information for her
Difficult to teach
Teacher and Amy very frustrated
- Parents knew something had to change
o Changed schools due to job – started 6th grade in New Jersey (previously New York)
Deaf students would be in mainstream with interpreter
First time parents signed an IEP
o Able to make friends with other deaf students; still has friend from 6th grade
The State of the Law: Is Rowley Still the Standard?
Laura Tubbs Booth
- SpEd Cases
o Is FAPE still the standard?
o Private school students and FAPE – MN
o Transportation and Open Enrollment
o IEE Pointers
- Consider the OCR’s evolving viewpoint
Is student getting whole services provided to citizens?
o Discipline – Race – Special Education
o July 2016 “Dear Colleague Letter” re ADHD
- Section 504 – What is Old is New
Standards across Circuits are different – court will re-evaluate lower decisions to make consistent
Federal guidelines