In America, the burden of proof that something wrong
has occurred has always fallen to those seeking justice.
In criminal and civil cases, those stating they have
been wronged had to prove how, when, where and why.
In our public education system, the Individuals with
Disabilities Act left the burden of proof on the public
school system, protecting children with disabilities
from receiving a substandard education. Not anymore.
In a recent 6-2 Supreme Court decision, justices said
it is now the parents or guardians of children with
disabilities to prove the public school system isn't
doing its job. This has been a battle in many states,
with courts on all levels bouncing cases back and forth,
leaving the parents of disabled children in limbo.
Some parents removed their children from the public
school system and placed them in private schools, most
with smaller classrooms. But parents who are on limited
incomes or have geographical issues have to try to prove
the public school isn't giving their disabled child a
personalized curriculum.
Previously, mediators solved most cases, but now they
do not have the incentive to show that the school is
doing all it's supposed to do. How will the parents
prove their child with a disability isn't getting the
proper attention he or she deserves?
If a child has learning disabilities, parents rely on
educators to guide them in course curriculum. If the
child isn't doing well, will the teacher take
responsibility for the lesson plan or will the parents
have to research what kind of education their child
should have? Where do they find out such information?
How should they present it? What if they just have a gut
feeling? What if their child is despondent but can't
communicate what's wrong?
Parents who complain could be labeled as difficult or
unreasonable. Schools with crowded classrooms could
shuffle disabled children into separate classes.
The ruling by the Supreme Court opens the door to
specialized schools, possibly isolating children with
disabilities that keep them from interacting with
able-bodied children.
Disabled people fought hard to be part of mainstream
America. This re-creates a school system that is
discriminatory and dates to the 1970s.
These may be hypothetical scenarios, but they are
backed by history. The Supreme Court left it up to the
states to decide how they want to educate children with
disabilities. This may lead to a huge gap when, or if,
the child goes to college.
If the proper education of disabled children is not
the responsibility of the public school system that all
taxpayers support, the parents of these children have an
enormous burden. This could be the beginning of lengthy
lawsuits - for those who can afford to take a school
system to court.
In the end, it's the child who suffers most.
McKee, a wheelchair user, is a poet and producer.
You can e-mail her at chairgrrl@chairgrrl.com.
Her column runs on Tuesdays.
