The school that my son attends does not allow access to textbooks for history or science for students with a disability; the students are also segregated from the rest of the school. Is this legal? Can they do this? Isn’t this a violation of my sons civil rights?
Discrimination is based on the fact of being treated differently while being the member of a protected group, your son being disabled certainly puts him in the category as being a member of a protected group and the fact that he is being segregated, certainly means he is being treated differently. Your case is obviously discrimination and of violation of your child’s civil rights. The only concern I may have is what do you consider segregation. Children with special needs or disabilities in fact require special assistance and received substantial government funding for special assistant, which is usually provided in a separate classroom environment. It is not considered segregation if your child needs attention that can only be given to him in a separate classroom. If your child could be fully functioning and simply need assistance, then segregation would certainly be a violation of a civil rights, but if your sons disability makes it so he cannot participate in class with other students and requires additional attention and the use of a special classroom environment, this would not be considered discrimination as it’s in the best interest of your child to have this additional help which would not be able to be provided in a traditional classroom environment. But the fact that your child is not being given access to certain types of books such as history and science, there is absolutely no justification for this and this is clear discrimination and a violation of your child’s civil rights. Even though a municipal government agency, such as a school system, is performing this particular act against a member of a protected group, is still considered discrimination. I would contact a civil rights or discrimination attorney or my expert on the subject the offices of Lacefield and Coleman. If you are located within New England, simply contact our office and will be able to help if you are located out of the New England area you can either contact us or simply Google Lacefield and Coleman.
Discrimination is a serious issue and it must be addressed wherever it is found. It is simply not right that someone, by no-fault of their own being the member of a protected group, is treated differently than other people in a situation such as this. Your child deserves all the advantages of a non-disabled child in this matter should be addressed as soon as possible.
Joseph F. Botelho, Esq.
BOTELHO LAW GROUP
Attorneys At Law
901 Eastern Ave.
Fall River, MA 02723
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