Excluding

Excluding

Special Ea

Kids Violates

State Code

To the Editor:

I am less then pleased with the schools’ decision not to let the K-2 Special Ed class move with their peers into the new K-2 wing.

I feel that this descision is discriminatory. The Code of Virginia, in Chapter nine, The Rights of Person with Disabilities speaks to my concern.

In section 5-40 of book 51 Nondiscrimination under state grants and programs, it states: “No otherwise qualified person with a disability shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving state finacial assistance or under any program or activity conducted by or on behalf of any state agency. ”

Section 5-42 of Book 51 also states “Discrimination against qualified persons with disabilities by Education Institutions prohibited.”

This section of Code states that “No public or private” school which receives state funds “shall deny admission to the institution or full and equal access to and enjoyment of any of its educational or extra curricular programs.” \ If the K-2 Special Ed class is not in the K-2 wing it does not have equal access. Most kids in the K-2 special education class spend more then 50 percent of the day in Special Ed not including the walk time back and forth to the “normal” class. How can they possibly eryoy the new wing equally with their peers when they won’t have equal time there?

Also, I think it was dispicable for the K-2 Special Ed class to have been overlooked at the planning stage of the new wing. All the K-2 classes were provided for except Special Ed.

I am so greatful that there is