Expert: Tim Runner - 9/29/2010

Question
I have a son with autism that is in a freshman honors English class. The school is trying to say that since it is an honors class, no modifications can be made. We are not asking that modifications be made in content. We are asking that directions be made available visually, not just auditorally. The argument from their side is that "Honors are much more lecture based, and more auditory and that students have to get accustomed to it." I suppose that they also feel that to make modifications to this is degrading to the program. My contention is that unless the content is compromised, we are only talking about an issue of presentation. Additionally, the school has made accommodations for a fully deaf student. So, there is already precedent of the school making modification within the Honors program. That accommodation, however, does not entail additional work from the teacher since they have provided an interpreter for the child in question. My feeling is that they may not want the teacher to have to put in the extra work of putting visuals in play. My son has an IEP where visual supports are stressed throughout, but they are trying to claim some "Honors Exception." My feeling on this is that it is a Civil Rights violation because you are discriminating specifically on disability, not on ability to maintain learning in the class. It seems to me that by having this exception you could be excluding a whole class of people from access to an education that they are both qualified and entitled to receive. Am I right? Or, does the school have a valid position of which I am unaware?

Answer
Ian,

The IEP Team for your son can set any accommodations that are not disruptive to the other students in the class, regardless of whether the class is "honors" or not. Some of the students I represent have other students take and share their notes with my students, some are given copies of any visual materials presented in class, and some receive copies of the teacher's lecture notes. You make a good argument that they are already accommodating a student with a different disability. Special Education students are supposed to be taught at their academic level in the least restrictive environment. Your son's level is appropriate for the Honors English curriculum, and the general education honors class is the least restrictive environment. The IEP Team is responsible for doing what is needed to make this placement work. In this case, it is provide visual materials needed by your son. The key is to be creative. That's where having a good note taking student supply your son with copies of their notes can resolve this issue. This student might get extra credit or community service hours for doing this. Please share my answer with the IEP Team with my message: "I am confident that with a little creativity, the team can make this work for the student. If not, this becomes a F.A.P.E. issue ripe for a Due Process Filing."

I wish you and your son the best,
Tim Runner, Advocate
Advocates for Kids
Email: timrunner@cox.net
Phone: (949) 582-3601
You can learn more at my web site:
www.special-education-answers.com