Deciding to sue Cabarrus County Schools (CCS) was not an easy decision to come to. Countless hours were spent researching the law, the outcomes of inclusive schooling, talking with other parents who traveled the road ahead of us, and, most importantly, consulting legal counsel. I prefer collaboration and teamwork. At the realization that CCS had not exhausted all efforts they were legally required to take before moving my daughter out of the least restricted environment (LRE) required by law, we decided we would take action on behalf of Kennedy because we are thinking about her future. The future we want her to have. A future that includes her being a contributing member of her community, a community that includes people of all abilities.

Thank God I live in a country that has laws to protect those with disabilities. Thank God for the Americans with Disabilities Act, ADA, and the Individuals with Disabilities Education Act which gives Kennedy, my daughter, access to a Free and Appropriate Public Education within the Least Restrictive Setting (LRE).

Last year I challenged our school system to do better for Kennedy. I asked them to inspect her progress because I believed she wasn’t being served appropriately. I wasn’t questioning the intent of the team or their talents or their efforts. I was curious about their processes and their expectations and the setting in which Kennedy was receiving instruction.

Kennedy is the only kid at Cox Mill Elementary School with Down syndrome who’s in the general education setting. At the present moment, she’s the only one you can look and know that someone with a disability is in class with her peers. Her physical presence in the school and in her classroom gives her classmates and schoolmates a unique advantage. Her peers are learning at an early age that people with disabilities are capable, enjoy the same things they do and they think differently. That last point is the most beneficial. Kennedy thinks differently and looks differently. When you spend time with her, you’ll be exposed to this different way of thinking which helps you think differently and diverse thought can lead to innovation. Additionally, her classmates and school mates have opportunities daily to fine tune active listening skills, compassion and teamwork with others. Growing in these three areas will pay out dividends in the future, ask anyone with a job that requires working with others and they’ll agree that they have the best relationships and trust with teammates who are good listeners, have compassion and work well together. These teams are the most productive and profitable as well. You might wonder how Kennedy go placed in this setting in the first place. As her parents we chose to push for Kennedy to be included in the general education setting. We worked with her teachers and the therapists early on to review the data and our goals for Kennedy. We came to a consensus.

Here are my reasons for choosing the general education setting.

1. Kennedy has speech delays. The more time she spends in an environment with rich communication, the more she can observe, model and participate in language. Not only does she get to hear everyday language, this environment exposes her to nuances of communication most indicative of what the “regular” world will be like. It’s fast paced. When provided with instruction and supports for her and her classmates, they can learn from each other. That means Kennedy learns to advocate for herself when she has something to say and her classmates learn active listening skills that will make them better listeners and communicators themselves.

2. Clinical studies have proven that kids with special needs learn best when they are with their typically developing peers. There’s a chemistry and camaraderie found in the tribe or village where someone lives. Being around her typically developing peers gives Kennedy an opportunity to learn everyday social interactions, it allows for peer corrections, and learning nuances and common social cues- what to talk about and what not to, how to stand, sit, follow directions, be involved. These things are hard to duplicate outside an environment other than school. Academics can be worked on outside class with tutoring and homework. Getting along with others, following directions and social cues require others and are not easily duplicable. Her classmates are able to see that Kennedy can do all the same things they do which will lead them to believing she has a place alongside them in the workplace, restaurants and apartments/living arrangements.

3. This environment allows for peer modeling and engagement. Kids with Down syndrome learn best through observation and repetition. There are great articles and dothat support this, including this one. 

The list can go on and on. The TIES Center Briefs: 10 Reasons to Support Inclusive School Communities for ALL Students sums it up wonderfully. Notice it includes the words “community”.

I am happy to report that we reached an agreement with Cabarrus County Schools (CCS) and are working with them and an Independent Special Education Consultant to structure Kennedy’s schooling the way the law is written which includes providing instruction alongside her peers. We are excited about what is to come and look forward to seeing the benefits we all experience. When we all work towards a common goal we can expect to receive the benefits other school systems and familes in other states have experienced.  We are hopeful that this one step towards inclusion we are taking with CCS will inspire more educators, teachers, administration, parents and students to lean into the benefits of inclusive schooling and funding will increase. Employment is becoming more inclusive, our school systems need to follow suit and we’ll see additional increases in employment and independent living. Our childrens future depends on it.

If you’re curious and interested in learning more here are some additional resources;

The Inclusion Podcast

NDSS Education Program

10 Reasons for Inclusive Schooling