What’s New (SpEd) Pussycat? Karen Haase Harding H di & Shultz Sh lt (402) 434-3000
khaase@hslegalfirm.com H & S School Law @KarenHaase
Bullying y g and Harassment < < < < <
Duty to Protect/Practice or Policy Sex Harassment IDEA State tort claims Overbroad policy
Bullying y g and Harassment < OCRâ&#x20AC;&#x2122;s Dear Colleague Letter
Duty to Protect/ Practice or Policy < Yap v. Oceanside Union Free Sch. Dist (E.D. Dist., (E D N N.Y. Y 2004) < Vaughn v. Orleans Parish Sch. Bd., ( (La. C Ct. A App. 2002) < Dorothyy J. v. Little Rock Sch. Dist.,, (8th Cir. 1993) < Sauerhaft v. v Bd. Bd Of Ed. Ed (NY 2009)
Dear Colleague g Letter < Bullying y g ≠ Harassment < If based on protected class < Must use anti anti-discrimination discrimination laws < Must have “well publicized” policies < Staff cannot encourage, tolerate, fail to address or ignore harassment < Investigation and response must be i immediate di t and d effective ff ti < Must prevent reoccurrence
SpeEd Bullying Responses Keep “Responding and Reporting” separate in your mind (and your staff’ss mind) staff Focus on Small Stuff DOCUMENT, DOCUMENT DOCUMENT, DOCUMENT DOCUMENT Check out ALL relevant policies Don Don’tt make promises you can can’tt keep
Does the Victim Need Interventions? Interventions • Social S i skill i training i i • Hygiene yg training g with,, sped p teacher, counselor or other staff • Peer mentor If not verified be ready for a 504 or SpEd request
Extra-Curriculars
Marana Unif. Sch. (AZ. 2009) Down Syndrome student in band • IEP listed li t d participation ti i ti in i band b d • Band trip p to Disneyland y for contest • Kid didn’t march, participate in recording session or group picture • Parents filed complaint with OCR OCR: reasons for not participating not based in kid kid’ss needs Found violation; parents can sue
McDowell Schs. (W.Va. 2010) Third-grader didn’t make cheerleading squad • Student small b/c of hormone deficiency • 24 auditioned for 12 spots • Multiple judges applied multiple criteria • Student scored lowest of everyone OCR: no discrimination
Polk County Schs.(Fl. 2009) 9th graders with Fragile X syndrome, autism and fetal alcohol syndrome. syndrome Parent complained that the district discriminated against the students by failingg to notifyy them about extracurricular activities School communicated using:
Polk County Schs.(Fl. 2009) • a marquee outside the building • a Web site • a scroller system that appeared on classroom TVs • an automated telephone messaging system • Students’ teacher sent notes home once or twice a month announcing upcoming i events t att the th school h l and d in her class
Polk County Schs.(Fl. 2009) OCR: while the students might have had access to the information, information they could not effectively understand and access this i f information ti on their th i own. In order for students with disabilities "to effectively participate in activities, all of their parents would need to be provided advance notice of all the activities on a consistent basis...” basis ”
So what should AD/Principal do? DO NOT assume what you think is reasonable will work Check with SpEd department and check student’s IEP ADA/Rehabilitation Act call for “interactive process” in determining reasonable accommodations Not required q to fundamentally y alter the activity
Service S i A i l Animals
Service Animals Two separate legal issues • IDEA IDEA: does d the th IEP believe b li that th t the th service animals is an accommodation that is needed for education benefit • ADA service: public facilities cannot refuse to allow disabled individuals access due to their disability New legal g issues all stem from ADA
Service Animal Defined Dog or miniature horse Trained T i d tto d do work k or perform f ttasks k ffor the benefit if individual with disability Service must be directly related to disability “Service” is not • Emotional • Crime C i prevention ti • Companionship
Training Issues School MAY NOT require proof of training or other certification May require animal to be removed if • out of control • Animal A i l nott housebroken h b k
Practical Issues Work through IEP team to begin If parentt insists i i t on animal i l on ADA grounds, contact attorney Have written agreement with parent • Parents P t pay for f damage d g to indemnifyy school • Parents agree district • Proof P f off health h lth and d vaccinations i ti
OCR C Complaints l i t
OCR Complaints Cost nothing to file No N iinitial iti l screening i When yyou receive • Contact legal counsel immediately • Remember that you catch more flies with honeyy ((and manure)) then yyou do with vinegar • OCR has h sweeping i investigatory i ti t power, but little in actual enforcement
Whatâ&#x20AC;&#x2122;s New (SpEd) Pussycat? Karen Haase Harding H di & Shultz Sh lt (402) 434-3000
khaase@hslegalfirm.com H & S School Law @KarenHaase