Can Special Education Students be put into Yearbooks?

Question

My yearbook staff just recieved our yearbooks on wedensday and our administration will not allow us to distribute them to the students because of the special education pages are in the book and they said that we could be hit with a lawsuit. Is this possible? If we don't put them in the book wouldn't that be discrimination? What should we as a staff do?

Answer 1

When my son was in special ed we just had to sign a permssion form for him to be included.

Answer 2

They should definately be there, seeing as they're students.

Having "special ed pages", if you mean like a spread like what there is for marching band or the Spanish club, is in profoundly poor taste. It's not a club they chose to take part in. Drawing attention to something like that is cruel. They're aware of the differences between themselves and the others. Pointing out those differences is wrong.

The possible lawsuit involves a lack of privacy. Even though it's probably not news to most, given the social ramifications of being in special ed, it's not your call to "out" them.

It also violates the non-discrimination act. It falls into the catagory of factors, like race, religion, sexual orientation, etc. It would be like having "black kid pages" or "g*y kids pages"

My son is under the special ed umbrella. I don't know if I'd sue, but you can bet I'd be calling you demanding a public apology so often you'd want to change numbers, or just cut your own ears off, just for the sweet relief of silence.

Answer 3

For God sake they are students aren't they, they should be included. Do you leave out honor students because they might not be the majority?? People are different and that is OK. This world has gotten way too "off base" on what is important. Those kids belong in the year book as much as the other students! And yes, leaving them out would be discriminating.

Answer 4

Ask the parents of those special ed students to sign a letter saying they allow the photos to be in the yearbook.

If you have a lawyer friend you can ask him/her to draft the letter (this is not necessary, but better to get the words right).

Then go around convincing those parents, tell them they should be proud of their children in school.

Answer 5

"special education pages"?

In other words, your yearbook staff chose to segragateand label some of your fellow students because they happen to be different.   They should be ashamed o fthemselves.  Not onlyis the administration correct legally--the yearbook staff members should be expelled--or at least susmended--for this example of discrimination and bigotry.

The special ed students have every right to be included--they only need their parent's permission, like any other student.  Its up to the administration to properly supervise the yearbook staff in the future to ensure that such an abuse does not happen again.

Answer 6

Yes, they should be included and not necessarily labeled as "special ed". Why is their status even an issue?

Answer 7

Of course "SES"can be put in the yr. book. all my yr. books have "SES" on it. and u should  c there faces when they c there themselves on a yr. book. i doubt they' re can b a lawsuit.

i would contact the parents and find out if they want there student in the yr. book.

Answer 8

You are between a rock and a hard place.  

Yes excluding any portion of the student body could be deemed discrimination.  On the other hand many jurisdictions have laws against the photography of people who cannot give what is called "informed consent."  A person who cannot act on their own behalf can't be photographed or have their image distributed.  However their parents or guardians can sometimes waive that.

I'm saddened by your predicament, year book work is very hard.  The school is to blame here because they did not give you valid guidelines.  I would have your advisor or editor talk calmly to the administration and reach a compromise.

It may be possible to do what I had to do when I was a year book editor-find people with delicate coordinated hands to cut certain pictures out.  (We had a similiar problem with our special ed students!)

Answer 9

In the future, don't label the page "special education" - include the kids in the same grade as the other students.  They are, after all, student in X grade too!

When I taught 2nd/3rd grade special education, my students were listed with the other 2nd and 3rd graders - there was no mention of them being "special" or otherwise.  In the high school that I teach now, the kids are placed in alphabetical order in their respective grade - again without being identified.

I have not really answered your question, but I do hope that in the future you and your staff and the school as a whole will remember to treat these students with respect.

What if you had pages titled "Fat Students" - "Dumb Students"  - "White Students" - "Black Students" - "Poor Students" of course you wouldn't do that because it singles people out and it is wrong to apply LABELS...why was it OK to single out students with disabilities in the first place?

Shame on the administration for being worried about a law suit!  They need to be more worried about the atmosphere and the tolerance of different people under their roof!

Answer 10

All students can be in the yearbook.  Their academic abilities are not to determine who gets in the yearbook.  It is shocking to me that any school would ever consider not including all students.  That is a major law suit waiting to happen.  Their pictures should be included with all other students based on their grade of freshman, sophomore, junior or senior and not put under a special education title.

Answer 11

unless the parents have signed a form saying they dont want their children in the year book ( as with any child) then dont have them in...but if not keep them in why take them out

Answer 12

If you are a public school in the US then your photographer should have been taking pictures of kids mainstreamed, unless you have several self-contained classes. We have 4 different special ed departments at my school and we publish their photos BUT we do not have a class picture that says "special ed" or "emotionally disturbed" "hearing impaired" etc. In stead we have "Mrs. Brown's 4th grade class"...just like any other class.

On the signs outside our doors, same thing. Teacher's name and grade level. Resource teachers have gr4-8 but no individual names.

What you don't want is to point out to the world-"this kid is retarded"

Answer 13

These students can absolutely be put in the yearbook.  The only problem is that your school seems to have "LABELED" them special education students, which makes it against the law.  If this is a high school or jr high school, why aren't the students mixed in with the rest of the school population by grade or in candid shots?  That is where the problem lies.  Your school should not have designated areas of "special education" unless it is just for staff.  If you put the students here, then they certainly are being discriminated....they are protected, federally, and yes, your school could be in MUCH trouble.  Who was the brain surgeon who decided on this course of action anyhow?  Does no one give it the once over before it is printed or how about the yearbook staff knowing and understanding or being informed of the guidelines for a yearbook?  Sad, so much money and such hard work....

Answer 14

don't label them as special ed. children and get parental consent from all the parents (special ed. or not) because otherwise it is discrimination

Answer 15

They can be in there if there is nothing o identify them as special ed. For example, if it just says Mrs. Smith's class and there are pictures of students there, then you are okay. What you can't do is say Mrs. Smith's Developmentally Disabled class.