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Issue 11 · October 8, 2012
Standards-Based
Report Cards Proliferating -- Parents Play Catch-Up
Montgomery County, Maryland, elementary schools just adopted
standards-based report cards. These progress reports indicate how
children are performing relative to state learning standards, but
parents are having a hard time deciphering the new, more complex
grading system.
Online Briefings
for Education Administrators
Sign Up Now!
How
to Write an Effective Anti-Harassment Policy and Related Procedures
to Include
Wednesday,
October 24, 2012 @ 1 PM Eastern
An effective anti-harassment policy must encompass all types of
harassment (including sex- and race-based), all channels (from
face-to-face to social media), and all types (student-to-student,
staff-to-student, staff-to-staff, and student-to-staff). Get
guidance on how to capture all these situations in a comprehensive
policy that defines your responsibilities and lowers your legal
risks.
Constitutional
Protections of Employees During Misconduct Investigations
Thursday,
November 1, 2012 @ 1 PM Eastern
Understand how to investigate alleged employee misconduct without
violating the employee's constitutional rights -- particularly in
situations where law enforcement becomes involved in the
investigation. Learn about the scope of free speech rights, due process,
and other relevant legal and constitutional principles.
FMLA
Compliance: Special Rules for Schools
Wednesday,
December 5, 2012, 1 PM Eastern
The Family and Medical Leave Act includes tailored requirements for
teachers and instructional employees, who generally don't work
year-round and whose workdays may include both paid and unpaid
time. Failing to apply the FMLA correctly creates substantial legal
and compliance risks for schools and school districts.
Did You Miss Something?
All Webinars Are Now Accessible on CD!
What if you have a time conflict and can't participate
in a webinar of interest on its scheduled date and time? Don't
worry. You can still take advantage of our CD option. Soon after
completion of each webinar, the program will be available on CD. Click
here for the complete listing and future
ordering information.
Disabilities Discrimination: A
Successful School District Defense
In a case where, according to the judge, "the
facts ... are largely undisputed," a Texas school district
prevailed by demonstrating that the facts were on its side --
namely, that its efforts to accommodate the educational needs of a
student with disabilities were sufficient under the Americans with
Disabilities Act (ADA) and Section 504 of the Rehabilitation Act.
The plaintiff in the case, I.A., is a paraplegic who
relies on a wheelchair for mobility. During his enrollment in the
Seguin Independent School District in Texas, I.A. qualified for and
received aid and services under Section 504 of the Rehabilitation
Act. However, during his time there, which spanned the third
through eighth grades, I.A. alleged that the school district
discriminated against him on numerous occasions in violation of the
ADA and Section 504.
With regard to ADA, some of the complaints included
student bathrooms that were inaccessible; a route to one of the
main classroom buildings that had numerous cracks in the sidewalk,
making it inaccessible and dangerous; facility entrances that had
no curb cuts; and a lack of reserved spaces for school buses
carrying students with disabilities. The plaintiff also contended
that, while a third and fourth grade student, he sat at a table
instead of a wheelchair-accessible desk, which limited his view of
the teacher and did not provide a place to hold his school
supplies.
With regard to Section 504, the plaintiff alleged that
the school district was liable for how school personnel handled
several class events that resulted in his exclusion and/or
embarrassment. For example, I.A.'s class took a fifth grade field
trip to caverns that were wheelchair-inaccessible. The district
said the science teacher developed a specialized hands-on
experience for I.A. to engage in while the other students explored
the cave. At the time, I.A.'s legal guardian said she did not have
sufficient information about the alternative learning arrangement
and urged that the field trip be cancelled instead.
On another occasion, when I.A. arrived with the band to
play at a venue where there was no apparent ramp to get onto the
stage, the band director suggested that I.A. play from the floor in
front of the stage instead. It was later discovered that the
facility had a ramp, but the band teacher was unaware of the ramp,
and therefore the appropriate arrangements had not been made.
The judge noted that, to prove a violation under Title
II of the ADA, a plaintiff must show: (1) that he is a qualified
individual within the meaning of the ADA; (2) that he was excluded
from participation in, or denied the benefits of, services,
programs, or activities for which a public entity is responsible,
or was otherwise subjected to discrimination by the public entity;
and (3) that such exclusion, denial of benefits, or discrimination
was because of the plaintiff's disability. To recover monetary
damages, a plaintiff must prove that the discrimination was
intentional.
The judge ruled that the plaintiff failed to establish that the
school and its educational programs were not readily accessible.
The judge further noted that the plaintiff had not requested any
particular modifications to the facilities. "Undoubtedly these
accessibility issues created inconveniences for I.A. that were
highly frustrating, but they do not establish intentional
discrimination," said the judge.
Prevailing in the Section 504 claim required proving
that the school district acted in bad faith or exercised gross
misjudgment -- in other words, that it "departed grossly from
accepted standards among education professionals." The judge
dismissed each of the plaintiff's allegations of bad faith and
gross misjudgments, stating that "on the contrary, the
evidence tends to show that Seguin consistently made an effort to
accommodate I.A.'s various needs. Some of the problems arose from a
negligent lack of prior planning, such as the band director failing
to ensure that I.A. could access the stage for a band concert. However,
I.A. has failed to show that any of these exclusions were done in
bad faith or with gross misjudgment."
Consequently, the judge dismissed with prejudice the
ADA and Section 504 claims, and awarded the school district its
court costs.
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