Sped Pussycat handouts

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