Public School Refuses to Make Accommodations for My Son with Cerebral Palsy

  • Alexandria Brown, a resident of Gahanna, Ohio, is a dedicated mother of two.
  • Her son, Kayden, was born prematurely and is living with cerebral palsy.
  • Alexandria is currently fighting to ensure that Kayden remains in the school where he has been excelling.


This essay, based on a conversation with Alexandria Brown, has been edited for length and clarity.

Kayden, my son, has cerebral palsy—a condition that affects his motor skills, balance, and posture. Despite these challenges, he is a curious learner who can talk, comprehend colors and shapes, and enjoy various activities like swimming and playing at the playground. The only difference is that he uses a wheelchair to move around.

Cerebral palsy is a result of brain damage during development. In Kayden’s case, he was born prematurely at 23 weeks and spent eight months in the neonatal intensive care unit. After coming home, he relied on oxygen support until his lungs became strong enough for independent breathing.

Although there’s no cure for cerebral palsy, early intervention can significantly enhance motor abilities and minimize secondary complications. Since Kayden’s release from the NICU, I’ve been advocating for his needs, fighting for his necessary medical care, and now striving to secure appropriate education for him.

Success in preschool

During the initial stages of the COVID-19 pandemic, Kayden had to continue learning online. However, he eagerly returned to in-person therapy and preschool in 2021. His preschool embraced inclusivity, with a mix of nondisabled children serving as positive examples alongside children with special needs. It was a mainstream school with a smaller class size, ensuring individual attention for all students. Kayden thrived in this environment, engaging in various learning activities. When rumors emerged that special-needs children might be sent to a separate school, I became concerned. Unfortunately, it turned out that the district recommended transferring Kayden to an alternative school exclusively for special-needs students when discussing his kindergarten placement.

The rights of students with disabilities

Students with disabilities have a fundamental right to receive their special education in a regular classroom unless their individualized education program cannot be effectively implemented in that setting, even with supplementary assistance. According to the Least Restrictive Environment requirement, a child with a disability should attend a general educational class in their zoned school while receiving necessary support, unless it can be proven that they wouldn’t benefit from this setting.

Our hope was for Kayden to continue attending our local public school, allowing him to be with his brother, be in a familiar community, and thrive among his nondisabled peers. While he would require a paraprofessional for personal assistance, his academic potential and social abilities warranted inclusion. Unfortunately, our school district claimed that they couldn’t accommodate this and proposed sending Kayden to a separate school where most students are nonverbal and have intellectual disabilities.

Kayden has the ability to communicate verbally, albeit at a slightly delayed pace, and I’m dedicated to keeping him on track with his peers. I fear that placing him in a setting lacking an appropriate peer group for his intellectual abilities would hinder his progress. Regrettably, our only recourse is to take legal action against the school district. However, every due-process case decision regarding individualized education programs in Franklin County since 2005 has favored the school district. Pursuing a hearing could take years, and Kayden is supposed to start kindergarten in September, leaving us with no viable options at the moment.

Kayden, a remarkable child facing prejudice

When Kayden was born weighing only 1 pound, his future was uncertain. However, he has made remarkable progress, and I’m determined to ensure his continuous success. Despite our significant financial investment in advocates and lawyers, finding a resolution within the school district seems elusive. Exploring private schools yielded no positive outcomes as they aren’t legally obligated to accommodate Kayden. Most responses indicated a lack of wheelchair accessibility or simply went unanswered. All we want is for people to see our son beyond his disabilities and give him the chance he deserves as an individual.

Reference

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