I read with great dismay the July 3 letter from Patricia Scott, who stated that her grandson, with a traumatic brain injury, was poorly treated by teachers and officials at Federal Way High School.
Ms. Scott, and all other parents in this school district with a child who has a physical or mental health disability, such treatment by your child’s school is not only deplorable, it is a violation of federal law. The Individuals with Disabilities Education Act requires that schools and districts accommodate the education needs of students with disabilities to ensure that they receive the free public education that is available to all other students.
For students who are performing at grade level, parents may demand the district provide a document called a Section 504 plan. For other students who cannot perform at grade level, parents may demand an individual education plan. This plan, which can be negotiated with or without an attorney present, identifies the accommodations the student requires in order to receive the free education to which he or she is entitled.
Many parents may not know that their child is entitled to these accommodations, and that under federal law, the school district is obliged to provide them. In Ms. Scott’s case, she could have written an individual education plan or 504 Plan that allowed her son to wear head coverage for as long as her son felt a need for it.
In addition, she could have included steps that teachers must take to respond to disruptive behavior that would conform to the needs of a student with a traumatic brain injury. Other accommodations might include the use of a computer to take classroom notes, allowing oral rather than written tests and so forth.
The school principal is responsible for ensuring compliance with these accommodations, and teachers must be made aware of the student’s needs in writing by providing each teacher a copy of the relevant plan.
A parent can ensure this has been done by communicating directly with each teacher and stating that their child has a plan and that under federal law they must comply with the terms of this plan. They can also email each teacher a copy of the plan, if the principal has not done so.
I would like to urge Ms. Scott not to let the Federal Way schools off the hook for not complying with federal law by removing your child from the system. This is precisely what they want you to do because accommodating children with special needs is both time consuming for teachers and expensive.
I would also suggest that you consult this website (www.ncld.org/action-center/learn-the-law/individuals-with-disabilities-education-act-idea/) and an attorney. For about $250 for a one-hour consult, an attorney with experience in disability law can provide you with the knowledge you need to defend your child’s constitutional rights.
Knowledge is power. I urge you and other parents in the district with similar challenges to use it.
Ginny Vanderlinde, Federal Way