I am in no way discounting this parent's frustration and pain, nor am I pointing fingers or laying blame. But I would like to point out that this situation is no different from the situation that occurs on a daily basis within the educational system. Parnets agree to oral educational placement on the mistaken belief that it will provide their child with a better educaiton and more opportunity to integrate into the oral world. It has exactly the opposite effect, and in actuality, the child is deprived of a complete education an d is handicapped far more than deafness is responsible for. Opportunity is denied, not extended in these situations. And this is the main reason that shel, dd, and many other posters to this forum object so strongly to a strictly oral philosophy. It is truly a shame that our deaf students continue to go through these situations, and are continuing to be denied adequate education. What is even more of a shame is that we can hear these stories, and still be so ethnocentric and narrow minded that we do not learn from them and continue to make the same mistakes over and over.
The whole situation laid out in this thread is full of dilemmas and difficulties. As an oral, mainstreamed student up through high school who learned ASL while on a church mission and as a student at Gallaudet, I've seen both sides of the fence. In addition, as a current Federal civilian employee in a professional position with high communication demands, I've been inmersed in struggles with my employer to provide effective VRS, full time sign language interpreter support, and notetaking support.
Although the thread speaks to an educational setting, for the sake of principle, I think it's important to point out what laws say about reasonable accommodations in the employment setting. In my specific case as a Federal employee, reasonable accommodation requirements under Section 501 of the Rehab Act is pretty clear about what a Federal agency's responsiblity is: That is, to provide an
EQUAL OPPORTUNITY to do the following:
1. Apply for jobs
2. Ability to perform essential functions of the job, and;
3. Enjoy the "benefits & privileges" that my coworkers enjoy
In addition, EEOC policy makes it very clear that reasonable accommodations are to be effective in such a way that it allows employees with a disability to be able to "...compete on a fair and level playing field and have the opportunity
to achieve their fullest potential." (italicized for emphasis) (EEOC MD-715 section 1.)
Unfortunately, disability law for education purposes (in this case, Title II of the ADA, and Section 504 of the Rehab Act), is not as unambiguous. I sadly recall a specific case where an obviously ignorant court judge denied a deaf student a sign language interpreter based on the false premise that the involved school's responsiblity only extended to the point of allowing a student to receive a basic education, not to achieve their fullest potential. The deaf student had been getting pretty good grades, so it was assumed that she did not need an interpreter. This kind of reasoning is scary, especially when it comes from a judge, who is often the final arbiter of things that tremendously impact a person's development and life.
Alot of the problems that result from poor court rulings stems from the ambiguous language that Congress puts in their statutes...as such, they become too susceptible to the daily biases of normal Americans like our court judges. In addition, Congress has this bad habit of statutorily requiring a lot of "unfunded mandates," as the saying goes. This leaves many school systems already struggling with tight budgets to feel compelled to fight requests for IEPs to include costly reasonable accommodations. I can somewhat sympathize (but not agree with) the perspective of an employer and a school administrator with regards to their efforts to minimalize reasonable accommodations, especially those for Deaf and Hard of Hearing (D&HH) students, where the services are recurring, ongoing, and significantly higher in cost than for most other types of disABILITIES.
This mixture of statutory ambiguity, thin fiscal resources, societal ignorance on the impact of restricted communication opportunities experienced by D&HH folks, and the inherently difficult due process requirements to secure statutory rights for persons with disABILITIES, all combine to create such situations experienced by myself, Samantha, and countless others.
Although many of us former "oralists" can testify from experience that it was a painful upbringing, full of social and communicative limitations, and how being at Gallaudet/Deaf School/Learing Sign Language was a liberating watershed in our lives, the sad reality is that far into the future, many parents, both current, future, and yet-born, will be faced with the terrible dilemma of having a Deaf child...it being terrible for them because they do not have the knowlege/experience/resources to address it to the Deaf child's optimal benefit.
No amount of "Monday Morning Quarterbacking" by former "oralists"/"mainstreamers" will solve this problem, except only on a 1-on-1 basis where we can make an impact on parents of a Deaf child/children that we cross paths with. It's almost the luck of the draw, and probably depends on the parents and often where the Deaf child is born, whether in a progressive school district/state/local community with above average awareness of Deafness and associated issues, or, as frequently is the case, a total "backwater" on the same, frequently in rural areas of the country.
I am rooting for Samantha and hope the appeal is overturned. We need to make sure our district courts don't continue to be filled with judges with Republican leanings. They tend to be a disaster for persons with disabilities. Let's vote accordingly!!!