Disability Lawsuit Sparks Controversy

A disability rights group in Wisconsin recently filed a lawsuit against Walworth County Board, claiming that the county's plan to build a larger school for special needs children, including children with cerebral palsy violates the Americans With Disabilities Act.

According to the group's complaint, building a larger school for special needs children only promotes segregation – a direct violation of the ADA, which prohibits discrimination by requiring schools to educate disabled children in the most encouraging and integrated environment possible.

“Children throughout the county have the right to be in the least restrictive environment. Walworth County is so far away from that,” said Jeffery Spitzer-Resnick, the attorney representing the advocacy group.

Diana Rodgers-Adkinson, chair of the University of Wisconsin Whitewater's special education department, said that special schools for disabled children have been disappearing and that the current trend is toward inclusion.

“If I'm at a separate school, then I'm also not around typical children. I'm not in the hallway with typical children. I'm not in the lunchroom with typical children. When I'm in a different building, I'm in a different society,” she said.

However, not everyone shares this perspective. Some in the community believe that inclusion doesn't work for everyone. Thus, the lawsuit has sparked some controversy among local residents.

School principal Greg Kostechka said he doesn't believe the new school promotes segregation. “I think it's apparent that this school is a choice. We do some mainstreaming activities that try to get the kids involved in the community as much as possible,” he said.

Christene Eggie, a former special education teacher, agrees, saying that special schools for disabled children are necessary. “My son would flounder at a regular school. It's a tragedy to think this (lawsuit) is a possibility,” she said.

The lawsuit was mailed on Friday to the U.S. District Court in Milwaukee. County officials plant to examine the complaint later this month. In the meantime, the district plans to continue its preparations for the new school.

Does your child suffer from cerebral palsy? If so, contact a cerebral palsy lawyer who can explain your child's legal rights.