Child in wheelchair

[violas]

What is the name of your state (only U.S. law)? Florida

A child is attending a special school for special needs children. He wants to attend all school field trips. Sometimes the school has field trips but they only use school buses that don't have a wheelchair lift. His Mom is concerned that he is being discriminated against because he is in a wheelchair. His Mom wants to know if she could sue. Thanks

 

[justalayman]

why would the first thing that comes to her mind be to sue?

Why doesn't she start where most non-money grubbing people would which is speak with the school administrators.

 

[violas]

She said she talked to the school principal about it. She said that the school principal acted like her hands were tied and that there wasn't anything she could do about it. Thanks.

 

[cyjeff]

understanding that this site has difficulty dealing with third parties, who are you in this situation?

 

[Ozark_Sophist]

Contact the office for civil rights in the u.s. department of education. Go to ADA.gov and follow links for education.

To get things moving quickly, contact a lawyer. If there is a center for independent living or other disability rights organization in your area, contact them for assistance.

 

[Ozark_Sophist]

why would the first thing that comes to her mind be to sue?

Why doesn't she start where most non-money grubbing people would which is speak with the school administrators.

People do sue for reasons other than money.

 

[justalayman]

People do sue for reasons other than money.

when the first thing out of somebodies mouth is "can I sue", injunctive relief is not what is on their mind. I jumped the gun on this one but the OP didn't bother to say there was any action taken yet.

 

[justalayman]

She said she talked to the school principal about it. She said that the school principal acted like her hands were tied and that there wasn't anything she could do about it. Thanks.

Is there a school board? is their administration above the principal? has the child been prevented from attending a field trip?

 

[violas]

Thanks all. She is just a friend of mine who doesn't have a computer. I will give her the information so she can check it out.

 

[violas]

Yes, there is a school board. Yes, he has been denied a field trip. He wanted to go to the field trip last week. He went over to the buses last week and was then told that none of the 6 schoolbuses had wheelchair access.

 

[justalayman]

I would start with running this through all levels of the administration first. If they cannot provide a solution, then go the government route.

Do they even have wheelchair accessible buses?

 

[Ozark_Sophist]

I would start with running this through all levels of the administration first. If they cannot provide a solution, then go the government route.

Do they even have wheelchair accessible buses?

They would be required to have accessible buses under the ADA, Title II (or Title III if a private school.) I generally agree with going this way but my experience suggests moving forward with government and legal options at the same time is expeditious given how slow these actions can move. If school administration addresses issue, the other options simply stop.

Does the child have an IEP (which should address the issue)?

 

[csi7]

I would speak with the administrators and keep track of everyone you talk to.
There is a Florida senator who is pro-active for wheelchair full participation in all activities.
The fact that the child was left out of the field trip was wrong.
The school could have requested a wheelchair accessible bus to provide transportation at same time the buses were requested and scheduled for the school trip.

 

[violas]

Thanks all. I have talked to the mother and she said she is going to call the principal again on Monday and will demand that this child have a bus with wheelchair access for all field trips. She said she is having an IEP meeting in 2 weeks and will address it at the meeting. It's a crazy situation. She said that at the last IEP meeting she made it clear that she wanted her child to go on the field trips with the other children. He takes a school bus with a wheelchair access to get to school. She said that her son is not the only one in a wheelchair at that school. She said that she saw about 8 other children in wheelchairs too.

 

[justalayman]

=Ozark_Sophist;2776574]They would be required to have accessible buses under the ADA, Title II (or Title III if a private school.)

I understand and I figured there probably was such available. Simply wanted to make sure that wasn't the case as that would run this in a different direction. If there are buses available, it is obviously the school refusing to take the wheelchair bound students for some reason. If they didn't have such buses, while that is not acceptable, the difference between getting them to use a HC accessible bus and procuring a HC accessible bus is a quantum difference.

I generally agree with going this way but my experience suggests moving forward with government and legal options at the same time is expeditious given how slow these actions can move. If school administration addresses issue, the other options simply stop.

I always prefer to do things locally, if possible. Once the government is involved, it limits options that might be agreeable to all parties yet are not within the law, technically. No, not inferring anything actually illegal, just that the law has certain requirements that must be followed although there are other remedies that provide the same actions yet do not fulfill the letter of the law. As long as those remedies are acceptable by all without coercion, I see no reason they should not be utilized.