School Bans Disabled Girl from Using Walker

[Seifer]

Link to story and video.

I'm not sure what to think of this one. I can understand both sides of the argument, and also sympathize with both parties. The mother wants her child to continue gaining strides in her fight against Cerebral Palsy, while the school wants to make sure the child doesn't sustain broken bones or other injuries from falls. By watching the video it's easy to see that the child is still very unstable in her walker, so I think the school's nervousness is warranted. Any child who is likely to get hurt at the school is a huge liability, and it's always possible a lawsuit will rear it's ugly head after an incident.

Maybe the mother could sign some sort of waiver saying she understands that her child is unstable in a walker but wishes for her to use it anyway? That would possibly help soothe the school's nerves about the whole situation. I'd also suggest having a one-on-one helper to make sure the child gets from one place to the other without getting injured, but I doubt the school has those kinds of funds.

[Andara Bledin]

The school officias state that they are waiting for a doctor's ok that the child is safe to use the walker without leg braces, which she used to have but does not at this time.

Without further information, I think the school is in the right in their decision to require a doctor's ok before allowing the potentially dangerous behavior as opposed to accepting the mother's say-so.

^-.-^

[DrFaroohk]

Waiver sounds like a good idea. If it'd even be legal to do so.

[crashhelmet]

I can see both sides of the argument as well. The school can't risk her falling and the mom filing a law suit. The mom doesn't want the progress to be undone or stalled. What the school has to be careful of is the possible slippery slope this issue could result in.

Does the school have the adequate wheelchair access ramps that the girl will need? Walkers aren't as wide as wheelchairs and don't require the wider ramps.

Will the school force someone with crutches due to a leg/knee/ankle injury to use a wheelchair? It's a hell of a lot easier to fall on crutches than it is a walker.

Will the school allow her to use the walker if she can prove she's capable of walking with it?

[Rageaholic]

I think they should let her use the walker. What they are doing is confining her to a wheelchair and not letting her progress out of fear of lawsuit. Granted, it's a legit fear in todays sue happy society, but it's not exactly fair to the girl who's trying to overcome a debilitating disability.

[Andara Bledin]

It's not so much fear of a lawsuit as fear of all of the problems that would hit them were she to fall and injure herself.

The fact that they are willing to let her use the walker provided her doctor signs off on it is telling.

As is the fact that the mother mentions how she's been using the walker for the past 2 years but consistently omits the fact that before now she also had leg braces, which she apparently is no longer using, and which the school accepted in tandem with the walker.

^-.-^

[bainsidhe]

The fact that they are willing to let her use the walker provided her doctor signs off on it is telling.

I'm not sure about that. Now they're saying they're willing to let the doctor sign off, but the recorded call outright told the mother a court would need to decide. So now that it's been publicized, the school is taking the high ground and saying that if a doctor signs off, it's okay?

I can't begin to imagine the challenges this little girl and mom have faced, let alone the difficult position the school is in. But why such a hard stance about the walker? Wouldn't this set the girl back in development?

And just because I'm feeling snarky: What if a non-disabled child faceplants in the playground, does that child lose recess privileges?

[Seifer]

And just because I'm feeling snarky: What if a non-disabled child faceplants in the playground, does that child lose recess privileges?

The problem isn't so much the falling as it is what the school did to prevent it. If a non-disabled child face-plants on the playground and breaks their nose, then the school is going to probably get sued because "no one was watching the children" or something to that effect. Basically, if the school does anything that a lawyer could argue as negligible (in this case, allowing the girl to come to school using only her walker and not her leg braces, which leaves her more likely to fall and get hurt), then the school is on the hook for damages.

Obviously, this school doesn't want to get caught in a lawsuit over an injury to a child.

[Andara Bledin]

I'm not sure about that. Now they're saying they're willing to let the doctor sign off, but the recorded call outright told the mother a court would need to decide. So now that it's been publicized, the school is taking the high ground and saying that if a doctor signs off, it's okay?

We can't know that this wasn't part of the discussion prior to the recorded phone call. There's got to be a history that the rest of us are not privy to that prompted the recording in the first place.

For example; if she was using leg braces last year with the walker, why can't she go back to using the leg braces instead of going straight to a wheelchair?

Without more background, I'm still siding with the school on this.

^-.-^

[Greenday]

And just because I'm feeling snarky: What if a non-disabled child faceplants in the playground, does that child lose recess privileges?

At my middle school, some kid, on a weekend, fell and broke his arm running around on the jungle gym. He didn't even go to our school. As a result, they banned running on the jungle gym for us during recess.

It seems kind of responsible to me for the school to want to get the okay from the doctor for a kid with a known medical issue.

[bainsidhe]

Hmm, I just listened to the youtube video. A blurb at the beginning claims the mom had a letter and approval from two physicians to use the walker, yet the school still said the girl needed to use a wheelchair.

Honestly, I have no idea what to believe. Both sides have valid points and both sides are spinning the story to their benefit.

[Greenday]

Hmm, I just listened to the youtube video. A blurb at the beginning claims the mom had a letter and approval from two physicians to use the walker

With or without the braces? Because I guess she's had braces for awhile.

[lordlundar]

Hmm, all of this could have been avoided if both sides actually had a reasonable face to face discussion instead of acting like little brats.

[Andara Bledin]

For all we know, they did have one. There's no telling, however, because we've come into the drama "in progress" as it were, and neither side seems quite inclined to tell the whole story.

^-.-^

[Dips]

If this like every other school in the US then the student with special needs has an Indiviual Education Plan (IEP) on file with the school. This documents what accomdations and services are necessary for physical or mental disabilities. It also spells out educational goals.

This isn't optional either. It is mandated by US federal law for all students who need special accomodations due to disabilities.

The IEP is devised by the student, the parents, the teachers, social workers, nurses, doctors and the special education staff. And anyone else that the parent invites. Heck, I brought my middle younger sister to my son's team meeting because she's has a master's degree in special education and was nice enough to come.

Every year a team meeting is called where each person involved is invited to give input and formulate and update the IEP. Some people, such as the family doctor, might give their input in written form instead of attending the meeting. This meeting is also mandated by federal law to take place every year the student attends school.

There is a dispute process written into the laws if the parents and/or student and the school system cannot agree on the IEP.

But once school signs off on the IEP they can't unilaterally change it because they feel like it.

Parents and adult students have the right to review the IEP and propose changes, or even call a team meeting at any time between these yearly updates if they believe the student's status has changed and the IEP needs to be amended.

While parents and students have rights they also have responsibilites. They should disclose information that is important to devising a workable IEP. They also are often responsible for providing medications or medical equipment the school nursing staff may need to administer medicine or food (e.g. tube feedings).

If you've made it this far you must realize that good communication and cooperation between the parents and the school staff is crucial.

I guess what I'm also taking a long time to say here is that we don't have nearly enough information to take sides.

Obviously, somebody has decided to amend the IEP, but who was it?

Was a team meeting called to discuss this amendment?

If so what happened at the meeting to lead to the impass?

Have the parents hired a lawyer or filed this in court?

This is a case where the parent can go to the media to give her side but the school cannot because they would be violating the student's privacy to do so.

Whatever the circumstances may be going to the press isn't going to do the parents a lick of good. Public opinion can't change the laws the school has to obey. Nor can public opinion force the schools to obey laws they may be breaking (if that is case here).

The courts make these decisions. More importantly, the courts can subpeona the private information that the press cannot and evaluate the case on ALL of the facts.

All they're going to gain from going to the press is sympathy from the public. Sympathy is nice but it's not going to change anything for them.