General Discussion

happyslug

(14,779 posts)

36. Parents can NOT sign away the rights of their child WITHOUT court approval in most states

Thu Mar 29, 2012, 09:47 PM

Mar 2012

This has been litigated over and over again, especially when it comes to High School Football, parents can sign THEIR rights away, but NOT the rights of their child. i,e, parents sign a waiver so their son can play Football for his high school, he gets hurt, he can still sue the school, for his parents had NO RIGHT TO SIGN AWAY HIS RIGHTS AND NEITHER CAN HE TILL HE TURNS 18.

In most states the only way to sign away the rights of a child is by first going to court and having a Judge determined the waiver is in the best interest of the child. In most cases the Judge will NOT find that to be the case and deny the wavier.

At the same time the School has to defer to the parents as to HOW the child is to get to school, they can NOT under any IEP demand that the child use a Wheelchair. If the School makes such a demand, the parents should refuse to sign the IEP and demand a hearing, where the issue will be litigated.

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Jesus... Fucking... Christ !!! - 'School Bans Disabled Girl From Using Walker' - MSNBC [View all] WillyT Mar 2012 OP

i guess the school is being too lawsuit-wary Blue_Tires Mar 2012 #1

I've got a surprise for them KamaAina Mar 2012 #5

Exactly...if they've got a lawyer, their lawyer is an idiot. joeybee12 Mar 2012 #13

From a disability POV. anti-alec Mar 2012 #19

+ 1,000,000,000... What You Said !!! WillyT Mar 2012 #28

more than ADA d_r Mar 2012 #35

That's definitely true and their legal counsel should liberalhistorian Mar 2012 #61

only if they aren't ADA compliant loyalsister Mar 2012 #109

Really? Yo_Mama Mar 2012 #120

Mrs. ZBDent has CP, and her boss "suggested" she switch from the canes she used zbdent Mar 2012 #12

You can kind of blame them Confusious Mar 2012 #20

. baldguy Mar 2012 #2

News flash: The ADA applies to schools KamaAina Mar 2012 #3

"Most" public schools? Now how do you really know that? MichiganVote Mar 2012 #9

I've been in the field for a decade or so KamaAina Mar 2012 #17

And I will trust that your experience is sad. But really, this is not MichiganVote Mar 2012 #23

I've been "in the field" almost 3 decades, LWolf Mar 2012 #37

How does a wheelchair not allow her to attend? Confusious Mar 2012 #21

Actually it can mean that she would not have the access or appropriate means MichiganVote Mar 2012 #26

Really? a PE class? Confusious Mar 2012 #32

Adaptive P.E. is provided for many children with disabilities. phylny Mar 2012 #33

Really? SATIRical Mar 2012 #38

Reallly. phylny Mar 2012 #86

So? SATIRical Mar 2012 #92

So, we're talking about the overall development of a child, not what's fastest in the short-term. phylny Mar 2012 #93

Then why did you claim " she's a lot more mobile with a walker than she would be with a chair"? SATIRical Mar 2012 #96

Because in a PE class that required some sort of physical movement, she would. phylny Mar 2012 #105

When it comes to physical therapy, it's ongoing not just after hours. unapatriciated Mar 2012 #115

Doesn't mean she can't be taken out of the chair Confusious Mar 2012 #41

Her bones wouldn't get the pressure of gravity, impact, and movement, phylny Mar 2012 #87

Yes. unapatriciated Mar 2012 #118

Sure. There are many things that the kids with disabilities MichiganVote Mar 2012 #42

The school district can require that a student be safe. Confusious Mar 2012 #60

And in the school district this child should already be linked with in school PT MichiganVote Mar 2012 #63

Sounds like it's been a hard time Confusious Mar 2012 #67

Yup. School bureacracy can be very difficult. Conversely, sometimes parents MichiganVote Mar 2012 #70

I meant hard time in teaching her Confusious Mar 2012 #73

Nah. Most of the kids are thrilled to be able to move w/these walkers. MichiganVote Mar 2012 #116

Or I have also run into parents who expect miracles when there can be no miracle. Still a good jwirr Mar 2012 #77

You are arguing against a whole lot more people than just this school when you want people to jwirr Mar 2012 #76

The ADA also is a bill of rights for people with disabilities. jillan Mar 2012 #48

In this case, IDEA and the rights that she has under that law, which is nearly MichiganVote Mar 2012 #53

She's learning how to use the walker. Confusious Mar 2012 #59

Most schools are not wheelchair-accessible KamaAina Mar 2012 #56

Do you know that this one is not? Confusious Mar 2012 #58

Uh, that is patently untrue. Federal law requires wheelchair accesibility in public schools. MichiganVote Mar 2012 #66

Tell it to the schools in Hawai'i KamaAina Mar 2012 #101

No they grandfathered in the buildings that aren't accessible proud2BlibKansan Mar 2012 #107

Not quite. MichiganVote Mar 2012 #111

Thanks for the clarification. proud2BlibKansan Mar 2012 #112

Is anything ever clear when it comes to special education? :) MichiganVote Mar 2012 #117

I'd like some evidence for your claim that "most" schools aren't wheelchair accessible. Thanks. HiPointDem Mar 2012 #85

You just simply made that up _ed_ Mar 2012 #91

The ADA requires wheelchair accessibility in all public facilities and accommodations. KamaAina Mar 2012 #102

WTF? _ed_ Apr 2012 #122

All but a handful on O'ahu, for starters KamaAina Apr 2012 #123

This message was self-deleted by its author _ed_ Apr 2012 #121

Anyone using a wheel chair all the time loses muscle strength that is used with the walker and jwirr Mar 2012 #75

From what I have heard, moving about independently is better than PT some tried to force loyalsister Mar 2012 #81

Absolutely correct. Years ago when my daughter was young (in the 50s) they did not understand jwirr Mar 2012 #97

That's not the issue here. The school has made accommodations. It's a matter of Honeycombe8 Mar 2012 #30

Sorry, but in the land of special education, the school cannot claim MichiganVote Mar 2012 #43

Not only that but that is what the money the district gets for special ed is for. jwirr Mar 2012 #78

That is not correct. The school needs to meet the needs of the child. jillan Mar 2012 #50

However ADA may not trump in loco parentis JCMach1 Mar 2012 #84

So that would mean, in effect, the ADA only applied to adults?? KamaAina Mar 2012 #103

No, just that schools can act to protect students JCMach1 Mar 2012 #108

They are afraid that she will fall down and then they will get sued. madaboutharry Mar 2012 #4

See #5 above. KamaAina Mar 2012 #7

Doesn't answer the question Confusious Mar 2012 #22

I know someone who fell out of her wheelchair and broke both her legs KamaAina Mar 2012 #57

One of the tenets of IDEA is "least restrictive environment" Quantess Mar 2012 #88

It's also an excuse for discrimination and bias loyalsister Mar 2012 #25

I guess my kid needs a wheelchair, too. I'm sure she's fallen down at school. n/t gkhouston Mar 2012 #6

This is the result of a lawsuit happy country nadinbrzezinski Mar 2012 #8

It's the result of poorly written civil rights law loyalsister Mar 2012 #27

Or as my state does it - by caring providers. jwirr Mar 2012 #79

The good intentions road that limits independence? loyalsister Mar 2012 #82

In our area many of us that work in this field are the ones who fought for that bill and we demand jwirr Mar 2012 #99

Here ya go folks: annabanana Mar 2012 #10

What's next? RebelOne Mar 2012 #11

Cute little girl politicasista Mar 2012 #14

Scared of the lawyers and advised by lawyers. Not a surprise. nt Snake Alchemist Mar 2012 #15

It's a liability issue... cynatnite Mar 2012 #16

But they can also be sued for being out of compliance with IDEA Quantess Mar 2012 #89

The district is lawsuit shy, but this is easily correctable, MadHound Mar 2012 #18

I hope that is way it works out for little girl and next person struggling Hoyt Mar 2012 #24

Parents can NOT sign away the rights of their child WITHOUT court approval in most states happyslug Mar 2012 #36

Most IEP's do not require a parent signature anymore. However, MichiganVote Mar 2012 #54

This was in East Texas after all.......what did you expect? AverageJoe90 Mar 2012 #29

Regional differences do apply despite the fact that the IEP trumps all. MichiganVote Mar 2012 #44

It's fear of lawsuits. Odin2005 Mar 2012 #31

omg. let the little girl use her walker Liberal_in_LA Mar 2012 #34

WTF is going on?? We have reached new heights of discrimination in this country. jillan Mar 2012 #39

Well maybe in this area, can't claim the whole country. MichiganVote Mar 2012 #46

There seems to be a new spirit of meanness in America Canuckistanian Mar 2012 #40

Parents need to make a formal complaint against the principal, superintendent and tsuki Mar 2012 #45

Actually they can ask for an IEP and when the difference is revealed they should MichiganVote Mar 2012 #47

I wonder if they informed her of that? If not, she tsuki Mar 2012 #49

They can do both actually. By law they are required to provide info. MichiganVote Mar 2012 #51

Or a corrupt system. We lived in a corrupt county system between two diamonds. tsuki Mar 2012 #64

No, believe it or not, the laws surrounding kids w/disabilities MichiganVote Mar 2012 #69

And what do lawyers say about a remedy? lonestarnot Mar 2012 #52

Reputable lawyers will tell the district to seek a medical opinion MichiganVote Mar 2012 #55

Fuck the district! What about the child's rights as a person with disabilities? lonestarnot Mar 2012 #62

Whether you agree or not, a school identified disability does not MichiganVote Mar 2012 #68

And perception must play as the school has obviously "perceived" that she has a disability. lonestarnot Mar 2012 #72

What kid doesn't fall down? Falling down is a common part of growing up. nt ZombieHorde Mar 2012 #65

To be fair, some kids with CP often have other diagnosis such as a shunt in the head. MichiganVote Mar 2012 #71

Seems like her doctor(s) and parents would be the best people to say how she should get around. ZombieHorde Mar 2012 #80

As a case manager for clients with development disabilities this is a real no no. The idea is to jwirr Mar 2012 #74

Wow. This is turning into a real horse race. Egalitarian Thug Mar 2012 #83

Kristi Roberts sounds like a total asshole in the audio recording Taitertots Mar 2012 #90

Former teacher here. Rex Mar 2012 #94

I think it's premature, and honestly a little harsh to judge the parent phylny Mar 2012 #95

I listened to the audio, that is what I'm judging her based on Taitertots Mar 2012 #98

I can't base anything on the video, because it may or may not have been her "first steps," so phylny Mar 2012 #106

Perfectly healthy kids fall down. Catbird Mar 2012 #100

Jesus... Fucking... Christ !!! - How did this turn into a three-alarm flamefest?! KamaAina Mar 2012 #104

WTF. Just..... WTF. Initech Mar 2012 #110

Sweet kid. Messed up situation. BlueIris Mar 2012 #113

Oh for fuck's sake varelse Mar 2012 #114

Exact same thing happened to a co-worker. She sued. And lost. proud2BlibKansan Mar 2012 #119