Follow on posts
ajasfolks2 4/25/2011
I'm going to temporarily move this into the regular SCHOOLS section for better visibility AND to hopefully see if we can find an updated version of something similar -- especially after the ADA Amendment passage?
If ANYONE can help to find link(s) or similar letter like this (if exists) please work your magic with links and research, or share if you already have such!
Thanks Carefulmom!
NOTE: I will also add this link to other threads in School Resources as it may be helpful there as well.
ALSO!! Please print copies of the documents at these links (they are archives) -- who knows how long they'll be online and accessible . . . and sometimes it's nice to have a saved copy on own harddrive &/or as a paper copy too.
Member name Deleted 5/5/11
This is such an important subject I wanted to bump this up and update the info.
Here's the updated Dear Colleague letter from Oct 2010:
http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201010.pdf
Here's the fact sheet for disability harassment from Oct 2010:
http://www2.ed.gov/about/offices/list/ocr/docs/dcl-factsheet-201010.pdf
Carefulmom 5/5/2011
Great updated letter! Thanks for posting.
socks on a rooster 5/5/2011
I notice the fact sheet defines "student on student" harassment. How about harassment by school staff?
guesthere 5/5/2011
I notice the fact sheet defines "student on student" harassment. How about harassment by school staff?
Exactly...and by other parents too? (ie, the Florida situation)
Member name Deleted 5/6/11
I notice the fact sheet defines "student on student" harassment. How about harassment by school staff?
Exactly...and by other parents too? (ie, the Florida situation)
I assume, and this is just an assumption, but I assume if it involved adults harassing a child/student, you would get the authorities involved (police).
twinturbo 5/7/11
This is the difference I noted between the 2010 letter which specified only student-on-student harassment and the previous letter which clearly included staff-on-student harassment.
2000 "Dear Colleague" letter
• A teacher subjects a student to inappropriate physical restraint because of conduct related to his disability, with the result that the student tries to avoid school through increased absences.
• A school administrator repeatedly denies a student with a disability access to lunch, field trips, assemblies, and extracurricular activities as punishment for taking time off from school for required services related to the student's disability.
• A professor repeatedly belittles and criticizes a student with a disability for using accommodations in class, with the result that the student is so discouraged that she has great difficulty performing in class and learning.
Harassment may violate a school's policy as well as criminal code and any number of existing laws, I'm not familiar with the specifics, but it's not mutually exclusive or limited to the age of the offender. However, and a more knowledgable person than myself would be needed here, illegal doesn't always mean criminal. A school denying a student access to educational opportunities due to disability is illegal but not necessarily criminal, unless they're physically restraining the student or making threats of bodily harm, etc.
Bullying is probably the classic issue here. Can you call the cops for your kid getting called names and having hurt feelings? Not much could be done. But if the nature of name calling contained overt or implied threats amplified with focus on some sort of discriminatory aspect most municipal or county law enforcement would take it seriously.
Switch the scene to school with protesting parents. If the parents are protesting the school or what is largely a school policy even if 504 protected I'm not sure they can't "peacefully" assemble. Whether or not they would be trespassing depending on where they protest I wouldn't know.
In closing there are indeed crimes that a school may additionally develop some internal co-existing policy over. In my mind, in my experience, the greatest campus located crime swept under the rug by administrators at the collegiate level is sexual assault. Time and time again I have seen or read accounts where the student goes to school administrators instead of directly to law enforcement and it ends poorly with the victim denied justice, even mislead by school administrators who claim it is a campus jurisdiction.
Point is there can be multiple regulatory bodies involved in the same incident or string of incidents. Stalking is stalking, assaults are assaults, even when they happen on campus even by minors. There's no line of administrative jurisdiction over law enforcement due only to age of offender.
Back to the letters, it's extremely curious that the 'updated' letter lost the element identifying school administration on student disability harassment.
End original thread
Topic: Letter saying disability harassment is illegal (Carefulmom) (Read 2918 times)
