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Disability Abuse in Educational Settings?



      By Jonathan Shutman, Retired Elementary School Principal














































      Significant and rightful attention has   opportunities but wide differences in   for minority students to be identified
      been brought to bear upon sexual     classification procedures and available   “as having (a) learning disabilities,
      abuse and sexual harassers. Codified   services for students with special   (b) speech or language impairments,
      safeguards and laws in educational   needs. Advocates for these students,   (c) intellectual disabilities, (d) health
      settings enable protections or redress   including CST members, parents, and   impairments, or (e) emotional distur-
      as needed.                           teachers, can be handcuffed because   bances. Language-minority children
      What safeguards are in place to see   of local politics.                  were less likely to be identified as hav-
      that students with special needs are   Commentary and reports underscore   ing (a) learning disabilities or (b) speech
      protected against neglect, one kind of   these inconsistencies. Morgan and Fra-  or language impairments.”
      abuse, as defined by availability and   khas in New York Times commentary,   Examples in NJ underscore the
      appropriateness of services?         Is Special Education Racist? (6/24/15)   current disparity in services made
      For K-12 students with disabilities, and   and their research cited in a Brook-  available to students within districts
      those responsible for enacting accom-  ings Institute report by Nora Gordon   driven by the cultural backgrounds of
      modations and modifications, there is   (9/20/2017), Race, Poverty, and Inter-  constituents and their political voting
      much in the way of appropriate, dedi-  preting Overrepresentation in Special   blocks, confounded by a variety costs
      cated, and effective practice. Yet there   Education present research that belies   for private school placements, trans-
      is systemic inconsistency, bias, and/or   common misconceptions regarding   portation, litigation, and legal costs.
      neglect towards students with disabili-  special education services and minor-  Compare the availability of services in
      ties given the plethora of New Jersey   ity students. In the latter, they state that   urban districts with wealthy suburban
      school districts, local control, and   “Minority children were consistently less   districts. Too many school systems in
      uneven funding of NJ school districts   likely than otherwise similar White, Eng-  our state presume wide authority but
      characterized by zip code.           lish-speaking children to be identified   suffer attendant constraints because
                                                                                of our long standing configuration of
                                           as disabled and so to receive special
      Where a student lives results in not   education services.” From kindergarten   school districts based on local control.
      only a range of regular educational   through middle school there is a failure

                                           Educational Viewpoints       -100-       Spring 2018
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