http://www.nad.org/news/2011/8/students-sue-college-failure-provide-access
Please watch this clip. (the transcipt is provided below) Is this discrimination? Why or why not? Find resources that support your claims.
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“Deaf children are born with the same basic capacities for learning and language as all children; they can and should reach their full potential with appropriate, visual, quality educational programs and support.” I found this quote on a website that I like. I think it does a good job summing up how all schools should look at every child, no matter their situation. This article also talks about how all students should be treated equally, which the video also talked about. “Governments shall ensure that education of deaf and deaf blind persons is delivered in the most appropriate languages and in environments which maximize academic and social development.” In the article the girls were obviously not treated in this way and were not receiving the best education. Just because they are Deaf does not mean they can’t learn as well as the other students or that they shouldn’t be allowed to learn as well. I do not think the college did a good job of working with the students to provide the correct tools for them to be successful college students. For these reasons, it is obvious to me they were being discriminated against.
ReplyDeletehttp://www.wfdeaf.org/databank/policies/education-rights-for-deaf-children
I most definitely believe that this act was one of discrimination but I know that this is not the only place that it happens. It's frustrating to know that a student who has can't hear isn't being given the right to learn just like everyone else.
ReplyDelete"As used in subsection (a) of this section, the term “discriminate against a qualified individual on the basis of disability” includes"
"(A) not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; or
(B) denying employment opportunities to a job applicant or employee who is an otherwise qualified individual with a disability, if such denial is based on the need of such covered entity to make reasonable accommodation to the physical or mental impairments of the employee or applicant"
This is proof. I know it states an employee but it talks about a qualified individual should not be denied which I believe includes education as well.
There are interpreters for other languages how come ASL is seen as different?
~April
http://www.ada.gov/pubs/adastatute08.htm#12112a
I certainly believe that this is discrimination. The students’ right to an education is being denied simply because they are different than the other students. For them to learn efficiently and fully they need a few accommodations from the school but the school for one reason or another refuses to do so. Yes, finding the interpreters and note takers for them and providing captioned materials will take a little extra time and money but without providing these things for the students that need them they school is not only setting the girls up for failure but in a way they are stealing from them as well. They are stealing both their time and their money. The school is taking up their time with classes and lectures the girls cannot understand so it is pointless for them to attend, and they are pilfering the girls’ money because they are spending thousands of dollars on an education that they are not receiving.
ReplyDeleteNot only is this treatment blatant discrimination but it is also against the law due to the American Disabilities Act. “Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities, e.g. Education.” Title II is further explained on the U.S. Department of Education website, ed.gov, as so: “Auxiliary aids and services must be provided to individuals with vision or hearing impairments or other individuals with disabilities so that they can have an equal opportunity to participate or benefit, unless an undue burden would result.” The schools lack to provide for these girls is a blatant disregard for not only their students’ need but also the law. Their treatment is certainly discrimination.
http://www.ada.gov/cguide.htm#anchor62335
http://ed.gov/about/offices/list/ocr/docs/hq9805.html
If discrimination is treatment or consideration of, or making a distinction in favor of or against, a person or thing based on the group, class, or category to which that person or thing belongs to rather than on individual.
ReplyDeleteSection 504 has provided opportunities for children and adults with disabilities in education, employment and various other settings. It allows for reasonable accommodations such as special study area and assistance as necessary for each student. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. Requirements common to these regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations. Each agency is responsible for enforcing its own regulations.
I think that this situation is discrimination based on this definition. It is also breaking the law because I am pretty sure that the school gets federal funding of some sort but it gets sticky because what do they consider reasonable accommodations. This could be a problem with interpretations. Even if that is the case I think that it is discrimination again Deaf people specifically in this case anyway.
Wikipedia for more basic information about it.
I think it is a form of discrimination. To me this sounds more like institutionalized discrimination. According to wikipedia institutionalized discrimination is defined as, "Institutionalized discrimination refers to the unfair, indirect treatment of an individual embedded in the operating procedures, policies, laws, or objectives of large organizations such as the governments and corporations, financial institutions (banks, investment firms, money markets), public institutions (schools, police forces, healthcare centers), and other larger entities" (Wikipedia.com)
ReplyDeletehttp://en.wikipedia.org/wiki/Institutionalized_discrimination
Daytona State College failed to provide acceptable accommodations to ms. Bergman. They wouldn't give her a sign language interpreter until lawyers came involved and even after that they failed to give her an interpreter for other classes. To me, this sounds like they are denying her the equal opportunity to learn. She is paying to go to school so they should at least provide her with adaquate accomodations. Ms Koschuk was even denied an interpreter. The school stated that they were not required to provide her with an interpreter only that they are required to provide an accomadation of their choice. An interpreter is essential for Deaf students to learn material in a hearing setting. By denying this right you are denying them an equal opportunity to learn and you are saying that Deaf students aren't as important as hearing students. Everybody should be treated equal no matter who they are, where they come from, what they look like, what sex they are, or any other bias you can think of. It is just not right or fair to discriminate people.
John
ReplyDeleteI like your definition of the type of discrimination the girls faced. I totally agree that they were discriminated against in this way and think it was horrible of the college to provide such inadequate services to the students. I like when you said they were not giving her the equal opportunity to learn and that she deserved this since she was paying to go to school there. I don’t think the school wanted the girls to be successful in their studies but they should be aware that these girls have more determination that most people would and will probably be more successful than some of the other college students.
Brittany,
ReplyDeleteI agree with you about what you said about the situation being sticky. Who gets to decided what reasonable accomadations are? I guess that is a grey area in terms of that law. I don't think it is right though and the college had no right to denying the students an education they are paying for. They should provide an interpreter so that the students have an equal right to learn. Could this also be a possible situation where the hearing community has a lack of knowledge about the Deaf community? i don't know. I just don't think it is right that those students were treated the way they were treated.
~John
John
ReplyDeleteI agree,they are acting like hearing students are better. Just because they have to do there job. I don't understand why they would do this for many reasons beside that it is wrong. They also are making the college look bad, making their rating lower, etc. I can't think of any benefit for them. I am not sure if lack of knowledge or if just ridiculous.
Brittany
Melissa,
ReplyDeleteI really liked the quote you found. I strongly believe it sums up what this video was trying to say. I most definitely agree with you that the school really should have done whatever it could to help the student, like any other student, to reach their full potential. I mean, isn't that what school is about anyways? To learn and grow? How does the school expect people to do that when some people need a little more help or support along the way. We have a group on the CSS campus called Student Support Services and I wonder if they have anything like that at the school that this happened at. I am really glad you found that quote.
~April H.
Melissa- I really like the quote that you found and I agree with you that this is how schools should look at all children. Every person learns in different ways, so it is just ridiculous to believe that no one will need any extra help. The idea of needing more help is exactly why we have tutors, notes, and even office hours for professors; so we can learn things for a second time in a different way. In the article however, the girls are being denied that chance to learn the information for the first time. The professors and the school are using teaching methods that work for the majority and because these girls are not the majority they are being left behind.
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteI feel that this is definitely discrimination at its finest. I believe this because, a school's only job for a student is to teach them material for future employment and job opportunities. In no way did they teach Suzanne Bergman and Laura Koschuk; how could they teach someone when all of their classes were in a different language? Not only did they fail to present a note-taker and an interpreter but they refused an interpreter for on-site clinicals which is preposterous. I just feel as if the school never wanted these two students to succeed in the first place.
ReplyDeletehttp://www.captions.com/deafrigh.html
Rights of Deaf And Hard of Hearing Under the Americans With Disabilities Act:
"A deaf person should not be excused from jury duty just because they are deaf. The court will provide an interpreter or assistive listening device at no cost. PUBLIC ACCOMODATIONS
Stores, Businesses, hotels, theaters, restaurants, retail stores, banks, museums, parks, libraries, and private schools should all provide auxiliary aids and services for communicating with deaf people. Sometimes, written notes are enough to communicate information. At other times, an assistive listening device, TDD, or an interpreter is needed."
This states that they must provide a way of communication whether it is notetaking, assistive listening device, TDD or an interpreter. These were not met by Daytona State and even if they would have performed all other methods but not an interpretor, i believe there would still be a lawsuit as nursing is a fast paced environment and you can't be expected to have to communicate through notes back and forth.
Hannah,
ReplyDeleteI completely agree with what your thoughts are. It would cost a little more but if the school were to think things through, it would cost a lot less for them to hire n interpreter and note taker than it would to settle this lawsuit. Must most importantly is the time and money of the two girls is being wasted like you said.
The American with disabilities act (ADA) was broken in this situation which is why it is an act of discrimination. It is against the law to deny an interpreter and captions for the Deaf students. The Daytona State College needs to be held responsible for their negligent actions in the case of this student. It is completely unacceptable to refuse to provide a deaf student a qualified interpreter during ALL course work. How can the college expect the student to succeed if she is is not able to understand what’s being said in the lecture, she won’t be able to ask questions or participate in a class discussion. By denying her of her rights they are denying her an equal opportunity to learn.
ReplyDeleteSam Rouse
It was blatant disregard and discrimination towards these students. I found it to be rude and offending. As Deaf and Hard of Hearing students have just as much right to a good education as the next person. Their decision to file a lawsuit is justified as it is stated by the (ADA)section 504 "It is against the law to deny an interpreter and captions for Deaf students" you cannot say it any easier than that. It is against the law, federal law at that. Administrators for Dayton college should do some time in federal prison, bet they wouldn't do it again.
ReplyDeletehttp://www.dol.gov/oasam/regs/statutes/sec504.htm
Hanna,
ReplyDeleteI liked what you said about the school stealing from these students. That is exactly what they are doing as far as I'm concerned.
The actions of the College is nothing more than ridiculous. A College is a business and in this case it has made many poor decisions. Not only is it disregarding The Americans with Disabilities Act but by not following what the law states the college is susecptible to legal action as well as having the world know what kind of cheep and ignorant college it really is. In the long run, the college will not save any money by failing to provided the necessary means for the kids to learn. This kind of single minded thinking has to be stopped and the people in charge should be fired.
ReplyDelete