Education Department To Step Up Enforcement Of Disability Rights

FYI – Important information for others to share with the permission of Debi Tucker

 

Debi, this is very timely information for me.  I’m working on a current case in Fulton filing an OCR complaint regarding a child with ADHD where the school is discriminating and punishing the student for his documented disabilities.  Also in Fulton, I have had a slew of calls and cases involving the district fighting hard against 504 Plans and/or IDEA for students already identified with ADHD.  Middle schools and high schools are now implementing detention for students who do not turn in their work, don’t bring their materials to class, are disorganized and do not have their homework, etc.  ALL examples of difficulties children with ADHD and Executive Function Disorder difficulties.

 

I have found since ADAAA was passed in 2008 and took effect January 2009, few schools knew of or have applied the new regulation.  I was told that Fulton County specifically just received some training this January (a year later….).  Therefore, it has been up to those of us down in the trenches teaching the educators and vigilantly defending these students rights to make sure these schools comply.

 

Thank you again for the information, and I’m excited to learn that OCR is stepping up their enforcement efforts!!  Let’s hope it will finally make a difference!!

 

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"There is nothing more unequal than the equal treatment of unequal people." ---- Thomas Jefferson

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Information contained in this communication is confidential and privileged. It is not meant to represent legal or medical advice, but rather advice given based on my knowledge as a trained Parent Advocate by the GA Advocacy Office, Council of Parent Advocates & Attorneys, CHADD, LDA, the GA DOE Parent Mentor program as an invited guest and the special education attorneys that I often work with on educational matters. Please do not forward without my permission.

 

From: Ga-DisabilityAdvocatesandAttorneys@yahoogroups.com [mailto:Ga-DisabilityAdvocatesandAttorneys@yahoogroups.com] On Behalf Of Debi Tucker
Sent: Monday, March 15, 2010 10:26 AM
To: Ga-DisabilityAdvocatesandAttorneys
Subject: [Ga-DisabilityAdvocatesandAttorneys] Education Department To Step Up Enforcement Of Disability Rights

Good morning all! Got this earlier and thought many of you might find it interesting...

 

Education Department To Step Up Enforcement Of Disability Rights

By Michelle Diament

March 8, 2010

The federal government is redoubling its efforts to crack down on civil rights violations against students with disabilities and other minority groups, Secretary of Education Arne Duncan said Monday.

The Department of Education’s Office of Civil Rights will be issuing a series of letters offering guidance to school districts across the country and ramping up efforts to reach out to parents and advocacy groups, Duncan said in a speech in Selma, Ala.

Plans are in place to send 17 letters before the fiscal year ends Oct. 1 advising school districts on issues ranging from restraint and seclusion to teaching English language learners with disabilities and working with students who have attention deficit hyperactivity disorder, or ADHD.

“The truth is that, in the last decade, the Office for Civil Rights has not been as vigilant as it should have been in combating gender and racial discrimination and protecting the rights of individuals with disabilities. But that is about to change,” Duncan said. “We are going to reinvigorate civil rights enforcement.”

The move is promising, says Curt Decker, executive director of the National Disability Rights Network, which acts as an umbrella group for the federally mandated protection and advocacy systems in each state.

“In the past, my people felt that a complaint with the Office of Civil Rights was like going into a black hole,” he says.

More recently, however, Decker says he has been “very encouraged” by a dialogue between his office and the Office of Civil Rights. “There is a lot of communication, which is a good first step,” he says.

The 600-person Office of Civil Rights has the power to issue policy guidance, conduct compliance reviews and offer assistance to school districts. Ultimately, the office has the authority to withhold federal funds if civil rights violations go unresolved.

Duncan’s announcement Monday in Selma, Ala. coincides with the forty-fifth anniversary of “Bloody Sunday,” when hundreds of civil rights marchers were aggressively confronted by law enforcement.

Judy Higginbotham

Region 2 TA Coordinator

ECAC

907 Barra Row, Suites 102/103

Davidson, NC 28036

 
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