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

Carol Castellano carol_castellano at verizon.net
Tue Apr 28 23:40:48 UTC 2009


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. 
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