Ordinary Lawyers for Special People
| Publication year | 1992 |
| Pages | 667 |
| Citation | Vol. 21 No. 4 Pg. 667 |
1992, April, Pg. 667. Ordinary Lawyers for Special People
The Colorado Lawyers Committee is a non-profit organization whose members include twenty-eight major Colorado law firms. For over ten years, the member firms have been committed to providing free legal services and assistance on poverty, civil rights and children's issues to individuals and groups throughout Colorado. The Colorado Lawyers Committee's Education Task Force was created in response to an awareness that outstanding issues on education are not being satisfactorily addressed within the state.
Jenny is a nineteen-year-old who suffers from multiple handicaps, including cerebral palsy, spastic quadriplegia and scoliosis. She was raised by her Native American family on a Navajo reservation until she was approximately twenty-two months old. Following an illness which left Jenny mildly mentally retarded, she was placed with the foster family with whom she lives today. Jenny's background is unusual, but not unique. It was her treatment by her educators that brought her case to the attention of the Colorado Lawyers Committee.
Jenny's family moved from Dove Creek to her new school district in 1988. Jenny was in the eighth grade at the time of the move, but was placed in the high school because the junior high was not wheelchair-accessible. Despite federal and state statutory mandates, no individualized education program ("IEP") was developed for Jenny at the time of her transfer.
During the 1989-1990 school year, Jenny became increasingly upset about attending school, refusing to get up in the morning and weeping when required to attend. After an inquiry, Jenny's foster mother had the impression that Jenny's teachers believed her incapable of learning, although there was evidence from Dove Creek to the contrary. She had been left in her classes with little assistance, despite a demonstrated need for one-on-one motivation for her to work up to her ability level. Jenny's problems were compounded by the fact that other special education students were responsible for escorting her between classes and tending to her toileting needs. Jenny was embarrassed and alienated by this experience, feeling that she had become a burden on those she sought to be-friend.
Although the law requires local agencies to make every effort...
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