My son was not allowed in a program at school, he is Down Syndrome, is this dicrimination?

Question

This was a Christmas program. A little more detail: He doesn't speak well and does some signing, but he loves music. Music is his strong point. There was no mention of a program until I asked when it was. They said they would try and work him in to one. He practiced a couple of times and got a little restless like all of the kids, so the teacher suggested I come and see the practice. With me there and his aid with him the whole time he did great. He sang every song and did all the actions. The next day's practice I was not able to attend and I received a call from the princable saying it was not a good idea that he be in the program.

Answer 1

I agree that you need to look at your child's IEP. I also think you should have a meeting with the music teacher, the principle, and the special ed teacher (who is responsible for implementing that IEP and should be the second best advocate for you child other than you).

Mom of an autistic boy who participated in his K program by standing on a line on the floor (mind you no singing or anything else but he stayed on that line!!).

Answer 2

Not enough information given (although people here on Y!A still seem to be happy to jump on the discrimination bandwagon without knowing all the facts).

Could that particular program lead to a potential health risk for your lad, for example?

Answer 3

If it is at all possible I feel the teacher should be creative and make a small part just for him if he is really interested!!! How hard can that be!!!!

Answer 4

It depends on the program he's trying to get into, and if his health issues would keep him from being able to perform in that class.

Answer 5

I think it is possible yes and  no.

If it was so distracting for other students to do the program it may not have meant to discriminate rather than not distract all the others.

If it was that he simply was unable to fully participate due to his disability, but could do fine with his assistant there then maybe it was discrimination.

I work with inclusion special education. Seeing children forced in to regular ed. classrooms who really need the smaller one on one attention is frustrating. As well as hindering the education of all in the room.

Answer 6

You need to look at your IEP. If it says participation is school assemblies and activities, then your child's right have been violated.

Here are some questions to ask:

*Did the music teacher have a copy of the IEP?

*Were the same accommodations provided during the program that are listed on the IEP?

*Were there other children held out of the program?

I am very irritated that the music teacher had the power to discriminate against your child. Yes, he needs more support, but he also seemed to be able to participate. When a child has an IEP, it seems like his special ed teacher and his parent should be involved in the decision. He is a part of the class if he was taking music and she had no right to bar his participation.

Go to the Wright's Law website and read up on this subject. If you really feel his IEP had been violated, then get your Procedural Safeguards booklet and look at the steps you need to take to protest.

Finally, call for a new IEP and be very specific about the activities in which he will engage. You might want to say something like will participate in school programs with support. This can be on the least restrictive environment page or on the Accommodations and Modifications page. Make sure what he will do is CLEARLY spelled out.

Answer 7

I wish you had given a bit more information on this because without knowing what the programme was it is hard to advise.  IF the programme involved activities that would have put your son in harms way, then no, the school was being careful.  If however it was purely academic and they refused him on the grounds he 'wasn't capable', then yes, it was discrimination and the school should be hauled over the coals. Your' son should at least have been given the opportunity to participate.

Answer 8

I have had the same thing happen to my son he is in K and mildly autistic. they nicely suggested that maybe he go home early that day. I ask how he was doing when they sang his aide said ok but the principal was concerned that he may not be able to handle it. It was Veterns day honor singing,.

Answer 9

Yes, it is discrimination, no matter what disability has, they should be able to get a chance to give it a shot.

Answer 10

contact your local down syndrome awareness group in your area and see what your options are. as for discrimination? I don't know, but I will tell you this....if my son was treated that way I would put up the biggest stink and fight  for him by contacting the school administration, the editorial page of the paper and on and on....It kind of sounds like your son's school isn't that accepting of children with special needs and they are balking at giving him full inclusion. one thing I do know is... it is his right to have full inclusion in the school...in fact it is the law! Americans with Disability Act.

Answer 11

Yes, it is.  Report it or file a complaint.  That's BS

Answer 12

I agree we need more detail about the type of program, they are offering.

Is it a holiday, activity, music program? And is it "special needs program" or regular program?

I suspect this is a regular program. However if they have had prior warning, your son is attending, with his aide, then they should be able to fit him into some of their planned activities, obviously there maybe some activities that may not be suitable.

I would ask on what grounds can you son not attend?

I doubt that it would due to health reasons, especially as he has a aide with him, who can take him to the toilet, and met any other of his needs.

Answer 13

This is a sensitive issue.  Was it an after school activity?  It can be very difficult to include children with special needs in after school activities - you can't require his aide to be there, and the kids often need special help in order to participate.  If your child's disability is severe enough to require a full time aide, chances are he is going to require extra help to participate in a program.

We have some children with Down's Syndrome at church, and they also enjoy music and love to sing, however they sound very much like your son, and unfortunately they are very distracting to the rest of the congregation because they

"sing" at top volume, are very difficult to understand, and throw off the rest of the children's choir since the kids can't follow or understand them.  We have to include them in church, but there are some people who get frustrated by hearing them above all others in programs and songs.

I'm sure the teacher did not want to hurt your child.  She was probably overwhelmed by the responsibility of putting on a program with all of those children and making sure things go smoothly, and she didn't have the knowledge or resources to effectively work with your child.

Maybe you could have a meeting with the principal and music teacher to create a plan for the next program.  Think about how you can help - can you attend the daily practices or pay someone to help out?  Is there an instrument, like bells that he can jingle instead of sing?  You and the teacher can get creative to make sure this doesn't happen again, and your son can have a part in the program.  

The teacher is correct in telling you to talk to the music teacher.  It is the music teacher's program, and the classroom teacher shouldn't be the go between - this is an issue you and the music teacher need to settle between you.  You might want to ask the teacher to be at the meeting to help give some insight into your son's abilities and needs, but this is a case where dealing with the music teacher is your best bet.

Try to view this as an opportunity to teach the teacher.  Don't go in angry and accusing, use this chance to educate someone.

Answer 14

Please call with any problem, Anytime:

Girls and Boys Town National Hotline

Phone: [phone]

Email: [e-mail]

Answer 15

not necessarily, need more detail

Answer 16

Yes, this sounds like discrimination. I suggest calling the department of special education and the school board and launching an investigation.

Answer 17

What program was he not allowed in?

Answer 18

It depends on the program.  If your son's abilities do not allow him to fully participate, or the program could harm your son, then the school has every right to limit his participation.

Answer 19

Sounds like it to me!!

Answer 20

Yes !!!

Every one should be treat the same

Answer 21

yes horrible discrimnation do something about it