[blindkid] Fw: [BVI-Parents] Fw: Winona, bus

Debby B bwbddl at yahoo.com
Wed Apr 29 01:35:46 UTC 2009


Thanks for all the replies and suggestions.
Carol, this is exactly what I was hoping someone would have! Martin County, watch out! Mama Bear is now armed and dangerous!!
Thanks,

 Debby 
bwbddl at yahoo.com
www.nfbflorida.org/parents

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________________________________
From: Carol Castellano <carol_castellano at verizon.net>
To: "NFBnet Blind Kid Mailing List, (for parents of blind children)" <blindkid at nfbnet.org>
Sent: Tuesday, April 28, 2009 7:40:48 PM
Subject: Re: [blindkid] Fw: [BVI-Parents] Fw: Winona, bus

Hi Deb,

There is a little known clause in the ADA--WHICH DR. JERNIGAN AND THE NFB INSISTED ON--saying basically that people with disabilities HAVE A RIGHT TO DECLINE AN ACCOMMODATION they do not want.

Here's the link to the law: http://www.ed.gov/policy/rights/reg/ocr/edlite-28cfr35.html#D

Here is chapter and verse copied from that page:

Subpart B -- General Requirements

§ 35.130 General prohibitions against discrimination.

(a) No qualified individual with a disability shall, on the basis of disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any public entity.

(e)(1) Nothing in this part shall be construed to require an individual with a disability to accept an accommodation, aid, service, opportunity, or benefit provided under the ADA or this part which such individual chooses not to accept.


Perhaps you could mention to the school that they are discriminating against your daughter.  After they finish saying that, no, they are NOT discriminating, their decision is in her best interst and for her protection, then you tell them that you are SURE they would not like to be out of compliance with the law that prohibits discrimination against people with disabilities and, by the way, are they aware that Winona has a right to say "no" to this accommodation?

I am pretty sure this clause has not actually been tested out in court regarding minors, but what they heck, chances are the school will not know this!  This tactic worked for us for a similar problem when Serena was in school.  If you want to read our reasoning, check out http://www.nfb.org/images/nfb/Publications/fr/fr14/Issue1/f140117.html

Good luck!

Carol


At 03:55 PM 4/28/2009, you wrote:
> Sorry, I meant to clean this up before sending it. This should be easier to read. I even put it order so you don't have to read backwards! Thanks! Debby        Any suggestions how how best to fight this? I was under the impression that once we hit high school, with the neighborhood school a bus aide would no longer be an issue. Obviously I was wrong. A tad of background: on April 2 the 7th graders went on a field trip. The driver with Winona refused to go without an aide, and the 2 classes were 45 minutes late because of it. In the previous 6 years we have never had an aide on any school trip, any band trip, etc. Now they inform me there will be. Winona was totally humiliated and embarrassed, as was her brother, who happened to be in the same bus. We've never wanted an aide, have fought it each year, and have been told each year that it is because we are out of area and on a special bus. We didn't fight the clustering because this is the better school,
 we even transferred our son there as well. "We'll fight you on the school if you don't let him also attend." Our IEP is next week. Thanks!! Debby from us to school: We do not want an aide at any time on any bus. Winona is perfectly capable of getting in and out of a school bus by herself. She's perfectly capable of fastening her own seat belt. My immediate concern is doing what needs to be done to ensure there is NO AIDE on the bus next week, or on any other trip the kids go on THIS year. This child has suffered enough embarrassment. From the school: The aide to and from school is there in case of an emergency.  If there were to be a wreck or a fire on the bus, the driver’s responsibility is to get all students off of the bus. It would be helpful if an aide was on the bus to help her.  I will talk with our program specialist to see if we can do this.  Because there will be other adults on the bus for the field trips, we can ask that the bus aide
 be suspended for those trips.  But I will need clarification from the program specialist to totally do away with an aide. _______________________________________________ blindkid mailing list blindkid at nfbnet.orghttp://www.nfbnet.org/mailman/listinfo/blindkid_nfbnet.org To unsubscribe, change your list options or get your account info for blindkid: http://www.nfbnet.org/mailman/options/blindkid_nfbnet.org/carol_castellano%40verizon.net 
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