Legal Question in Education Law in Pennsylvania

My 2nd grader has PDD-NOS and has a reevaluated IEP Plan that was given to me a week ago. I reviewed it and notice the speech therapist wrote in a section something that was somewhat disturbing. She wrote, " Presently, he is below average for articulation. Sound errors included s/sh, w/l, w/l blends, w/r, w/r/blends, ts/ ch, f/th (which is acceptable production for African American speech) and n/m in the initial position of words." I am an educated African American and do not speak slang talk in our household. Is it legal for her to associate his race with his speech impediment? I found it to be very offensive when I did my research on African American Vernacular English and what she was associating my son's problem when I've only spoke proper English in our household.


Asked on 1/23/13, 5:38 pm

1 Answer from Attorneys
CHARLES WEINER Law Office of Charles Weiner

This does appear to be an inappropriate reference. It further appears offensive given that the assessment reports that your son is below average for articulation but this comment suggests that this type of articulation is acceptable for African Americans. This comment has no place in an evaluation report for several reasons. For example, any reasonable person, would likely find such a comment offensive. Moreover, the comment is pointless. The only issue is whether or not your son has deficits or a weakness in his articulation that requires specially designed instruction, in order to be provided with a free appropriate public education. While your question provides only a small portion of the evaluation report, it sounds like he requires instruction.

If you are experiencing difficulty with your school district in providing an appropriate program, you may contact my office. Our office represents children in IEP related issues throughout Pennsylvania. Best wishes.

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Answered on 1/24/13, 6:21 am


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