Special education a mess in D65

Civil Rights violations complaint filed against School District 65 by Evanston Citizens for Appropriate Special Education (CASE)
Disabled students segregated, barred from arts and physical education classes

The complaint filed today, on behalf of a special education student at Haven Middle School, with the U.S. Office of Civil Rights. It details a program put in place starting the first day of school during the 2008-09 school year. The program prohibits disabled students from attending mainstream classes in fine arts, physical education, field trips and all academic subjects. They are also prohibited from eating lunch with general education peers, and must have an escort at all times, including during their twice daily allowance of bathroom visits. These students are segregated from their general education peers from the moment they enter the school until they leave the building at the end of the day. CASE learned of the new program when a member’s child brought the District documents home with him on the first day of school, Sept. 2.  The students in his classroom had been told by their special education teacher that students are required to meet specific behavioral standards in order to “earn” access to the mainstream without supervision -- even if a student’s Individual Education Plan (IEP) stipulates otherwise.  The child’s parent spoke to the District Special Services Supervisor for Haven Middle School to protest the denial of access to the general education environment, and her son’s loss of personal privacy and dignity.  She was told the department had drafted the program and participating administrators considered it a good plan. The Americans with Disabilities Act and the Rehabilitation Act prohibit schools from discriminating against children and excluding them from participation in educational programs solely by reason of their disabilities.  "I can't conceive of a more flagrant disregard for a disabled child's civil rights than the program the District has now initiated,” says Attorney Rachael Gross. The behavior required of these disabled students far exceeds that expected of non-disabled students.  For example, disabled students are expected to maintain complete silence when transitioning into school and between classes.  They must complete reports on their activities at home every morning when they get to school.  Each student must carry point tracking sheets with more than 40 different scores recorded by their teachers throughout the day, based on how well they are judged to have met the behavioral requirements.  If sufficient behavioral points are not earned, the student continues to be segregated. “This is a violation of disabled students’ right to be educated in the least restrictive environment and is humiliating for these already vulnerable children.” says Cari Levin LCSW, Founding Director of Evanston CASE. “These are teenagers who have emotional disabilities.  Excluding them from their peers and treating them like prisoners is not compassionate, legal or therapeutic.” CASE has called on the school board to suspend this program immediately.  

Evanston Citizens for Appropriate Special Education (CASE) provides parents with an organized voice and educates the public and school board about problems in the D65 special services system. We are parents, staff and community members dedicated to improving the range, quality and availability of services for children with special needs in Evanston.