Tzipporah.Benavraham@f632.n278.z1.fidonet.org (Tzipporah Benavraham) (05/04/91)
Index Number: 15391
04/29 14:36 EDT V0801
WASHINGTON -- The Supreme Court Monday refused to hear
an appeal by Oklahoma officials who challenged a handicapped
child's right to a special educational program, free of
charge, during the summer.
The court, without comment, left intact a ruling that put
the burden on public school officials to prove the program
is not needed.
Oklahoma officials, in seeking the high court's help, said
the issues in the case could affect educational programs
provided to millions of handicapped students nationwide.
The case began in 1987 when the parents of Natalie Johnson
of Bixby, Okla., sought the additional educational help.
Natalie, 11, is autistic, moderately retarded and suffers
from seizures.
Her parents sought 40 days of structured education for her
during the summer, contending she would regress from the
improvement she was making during the regular 180-day school
year without the extra help.
Tulsa County public school officials said there was no
evidence the child had regressed in the past without the
additional schoolee public education.
A federal judge threw out the parents suit, whdered
together with the amount of time required to recoup those
lost skills when schools resumes in the fall, is an important
consideration in assessing an individual child's need."
The predictions of professionals on the likely impact
of discontinuing education during the summer is appropriate
to consider, the appeals court said.
The burden is on the state to show that the additional
help is not needed, the appeals court added.
The case is Independent School District vs. Natalie
Johnson, 90-1421.
DISABILITY RIGHTS NOW!!! EVEN DISABLED KIDS HAVE RIGHTS!!!!!!
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Uucp: ..!{decvax,oliveb}!bunker!hcap!hnews!278!632!Tzipporah.Benavraham
Internet: Tzipporah.Benavraham@f632.n278.z1.fidonet.orgStephen.White@p1.f853.n681.z3.fidonet.org (Stephen White) (05/24/91)
Index Number: 15770
[This is from the Silent Talk Conference]
TB> WASHINGTON -- The Supreme Court Monday refused to hear
TB> an appeal by Oklahoma officials who challenged a handicapped
TB> child's right to a special educational program, free of
TB> charge, during the summer.
TB> DISABILITY RIGHTS NOW!!! EVEN DISABLED KIDS HAVE RIGHTS!!!!!!
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
So, what are you asking for in this case?
Do you think that the kid should have the special education program or not?
In my opinion, the kid shouldn't. If she is going to regress that much in 40 days, then what happens when she leaves school altogether?
The quality of education for other handicapped people will suffer if all the other parents of handicapped kids shove them into summer school just to get rid of them during the day.
This looks very much like the disability rights people trying to take more than they have a right to.
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Uucp: ..!{decvax,oliveb}!bunker!hcap!hnews!3!681!853.1!Stephen.White
Internet: Stephen.White@p1.f853.n681.z3.fidonet.orgTzipporah.Benavraham@f632.n278.z1.fidonet.org (Tzipporah Benavraham) (05/24/91)
Index Number: 15780 [This is from the Silent Talk Conference] >So, what are you asking for in this case? Just equal treatment. All kids of Texas get summer school by choice. So disabled kids should also. The parents clearly wanted summer school for their child just as any other parent would. To deny THIS child the same right every other kid in Texas has is clearly against her rights. >parents .... shove them into summer school just to get rid of them O come on! Do parents of NON disabled kids do that to "get rid of them"? Steven this is a serious thing. Kids whether disabled or not have the same right to choice you do. They need things or want summer school, they should have access to it also. In PL 94 142 it clearly says that it should be a FREE APPROPRIATE PUBLIC EDUCATION WITH RELATED SERVICES. Just as any other kid gets free public ed, so should a kid with a disability. we are talking equal protection here. >take more than they have the right to Nope. Clear this child was singled out as a "suspect class" and that is clearly illegal in this country. The Supreme court was correct here. And it is a victory for us also. It means we have access to all services this government has regardless of time place or circumstance regardless of the situation. Else we are not afforded equal protection under the law. Thus we have an array of recourses. The Supreme Court in its wisdom dealt with this clearly. I am proud to say disabledSTILL have civil rights. -- Uucp: ..!{decvax,oliveb}!bunker!hcap!hnews!278!632!Tzipporah.Benavraham Internet: Tzipporah.Benavraham@f632.n278.z1.fidonet.org
moth@dartmouth.edu (Tom Leathrum) (05/30/91)
Index Number: 15866 ------------- > TB> WASHINGTON -- The Supreme Court Monday refused to hear > TB> an appeal by Oklahoma officials who challenged a handicapped > TB> child's right to a special educational program, free of > TB> charge, during the summer. > > TB> DISABILITY RIGHTS NOW!!! EVEN DISABLED KIDS HAVE RIGHTS!!!!!! > ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ > > So, what are you asking for in this case? > > Do you think that the kid should have the special education program or not? > > In my opinion, the kid shouldn't. If she is going to regress that > much in 40 days, then what happens when she leaves school > altogether? > > The quality of education for other handicapped people will suffer > if all the other parents of handicapped kids shove them into summer > school just to get rid of them during the day. > > This looks very much like the disability rights people trying to > take more than they have a right to. I just HAD to respond to this one. You're missing an often-overlooked and very important point here. Even as someone who teaches college-level calculus, I know the difference summer vacation can make. These difficulties, which high school teachers have to deal with every fall, become quite dramatic when you start talking about special education. Kids forget. Just because it took you two years to teach it to a kid doesn't mean it will take more than one summer vacation for that kid to forget it. The thing is, in a special education program, it is quite common for a simple task like brushing teeth to take two years of teaching, let alone anything as complicated as filling in a job application. These kids have a RIGHT to be taught these things, just like any other kid, but they need special attention to make sure the teaching stays with them. The court case put the responsibility for that special attention where it belongs: with the educators, not the kids. I know I'm opening up a totally different can of worms here, but I personally would support a nation-wide conversion to a 12-month public school schedule for all children. We are one of the few industrialized nations in the world that doesn't already have such a schedule. It doesn't make sense for a "superpower" to base its school schedules on an agricultural calendar. Regards, Tom Leathrum moth@dartmouth.edu ----- "The imagination is God's gift to make the act of self-examination bearable." -- from "Six Degrees of Separation"