The debate about disciplining students with disabilities has lead many school administrators and teachers to discuss the perceived "unfairness" of not disciplining all students by the same rules. Many educators have expressed "outrage" at having to do manifestation determinations or other procedures before expelling a student with a disability and feel that continuing services for these children is an undue financial burden and "unfair" to expelled or suspended typical students who do not get these services. The following article is taken from a paper written by Danny J. Smith, Director of Student Services for the Mooresville Graded School District. The entire article is available on the ECAC web site, www.ecac-parentcenter.org or by calling the ECAC office at 1-800-962- 6817.

Note from the Webmaster: This is a summary article that was in the Spring '99 Special Edition Newsletter. The entire article is available here on the Exceptional Children's Assistance Center website by clicking here.

      When two people enter a doctor's office, it is assumed they will require and get different treatments. To treat them the same would be ludicrous as well as detrimental in most situations. In fact, a doctor who treats all patients the same, the one who has spina bifida or hypertension as the ones who have asthma or cerebral dysfunction, would soon find herself in court, and a legal defense of equal treatment would not only max-out any malpractice insurance, but would likewise be laughable. Yet time after time, these same individuals, who appear in public school as students, are dealt with the same because of the erroneous thinking that equal is fair. In effect, the learning disabled child, who cannot listen and write down the lecture, is not allowed to have someone take notes for her because others do not get this and it would be unfair. The mentally disabled student is not allowed to do a lower level assignment or work at a slower pace because this would not be fair to the others. Word processors can't be provided for all students, so it is unfair for the palsied child, who lacks pencil control, to have one.

     Of course, resources are always limited and not infinite. Public education is just that: it is a public service paid for primarily by taxes and, therefore, not only must expenses be justified, but there is never enough. But even when money is not an issue, IEP meetings become struggles of language, with the all too familiar, "it wouldn't be fair to the others" or "we have to treat all students equally" points of contention taking center stage. The result of this illogical debate and rationalization is that solutions, which would otherwise be readily arrived at do not emerge; clearly, the needs of the child who is disabled in some way do not remain central, but reside at the periphery of the discussion.

      Fair means everyone gets what she deserves and needs, not what is equal. It means, if one child needs help with math and another with phonics, this is provided. It means the brighter student with motivation and higher skills is allowed to move on; the slower student is helped with her deficiencies, allowed more time or given curricular modifications. Physical and emotional needs of various types are supported by individual plans, not ignored due to lame arguments, which focus on the irrelevant position of those students who are "other" and, therefore, not an issue. Fair means just, and justice means fair treatment. Equal means the same, and fair and equal are rarely the same, just as no two children are the same. They will benefit from the intelligent and ethical act of keeping this distinction that fair and equal are not synonymous. Realizing all things are not possible, children with disabilities and their families only want what is fair, which is what they need to make it on an otherwise unequal playing field called school.

Note from the Webmaster: This is a summary article that was in the Spring '99 Special Edition Newsletter. The entire article is available here on the Exceptional Children's Assistance Center website by clicking here.