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Law gives special needs students right to take part in graduation
Thursday, May 04, 2006

A bill signed into law Monday by Gov. Ed Rendell gives every special education student in Pennsylvania the option of walking in the graduation line with classmates at the end of 12th grade.

It's a major victory for the families of special needs students who, over the years, have been prevented in some districts from participating in graduation until they've finished their individual education plans, which can keep them in school until age 21.

"I am thrilled and happy that everyone will be able to participate in graduation. It's been a long time in coming," said Jan MacLeod, of Mt. Lebanon.

The law, which started out as House Bill 1618 and is referred to as Ashley's Law, was passed unanimously in both the state House and Senate. It requires all 501 school districts to allow special education students to be included in commencement exercises as of this year, if the student so desires.

Instead of a diploma, the special needs students will be presented with something similar to a certificate of completion.

Federal law requires schools to provide free public education for disabled students between the ages of 3 and 21. But students who are entitled to stay in school until that later age often have grown up in a school district with peers who graduate after grade 12, usually at age 18.

Mrs. MacLeod's family and friends lobbied the Mt. Lebanon School District this year to change its graduation practice in order for her daughter, Meghan MacLeod, 18, to graduate with friends and classmates she's known since preschool. Ms. MacLeod has a high-functioning form of autism known as Asperger syndrome.

Among those who fought for the policy change that will allow Ms. MacLeod and other special education students to participate in this year's Mt. Lebanon graduation was Cate Scott, 18, a longtime friend of Ms. MacLeod and her family.

Now, Ms. Scott and Ms. MacLeod will graduate together as the two families had planned.

Another parent who is happy to see the legislation take effect is Oscar Federbusch, whose son, Scott, was prevented from participating in the Woodland Hills graduation ceremony in 1999.

Mr. Federbusch said the school district would not allow Scott, who has Down syndrome, to take part in graduation unless the family released the district from any further responsibility for his education beyond the graduation date.

In what became a high-profile battle, the Federbusch family took the issue to Commonwealth Court, but lost. That meant Scott sat in the audience during graduation and watched his sister receive her diploma. The family had hoped the siblings could graduate together.

"When we went to court, we knew it would be too late for Scott, but we were doing it for everybody else who came after him," Mr. Federbusch said. "Seeing the law put into effect now makes our battle worthwhile."

Mr. Federbusch is still bitter over the school district's treatment of his son.

"There was no benefit to anyone in that decision. As far as I'm concerned, it was just a hateful thing to do," he said.

In April 2004, the district changed its policy so that disabled students could participate in the graduation ceremony.

The new law is named after Ashley Brubaker, who is a senior and special education student in the Selinsgrove Area School District in Snyder County. Last year, school officials there told her mother, Deb that the district's long-standing policy would prevent Ms. Brubaker from participating in graduation.

She has cerebral palsy, autism, a severe anxiety disorder and speech impairments.

Mrs. Brubaker was so enraged at the policy that "I e-mailed every representative in the state" to ask for legislation. She didn't have to go far. State Rep. Russ Fairchild, R-Lewisburg, Union County, whose district includes the school district, sponsored House Bill 1618.

It turned out that the Selinsgrove Area School District was willing to change its policy without the state legislation, but Mrs. Brubaker and Mr. Fairchild continued their quest for a law to give all special needs students the same opportunity that Ms. Brubaker was given.

"I wasn't going to stop there because I knew there had to be a lot of others out there who wanted this for their children, too," Mrs. Brubaker said.

She's not stopping at this level, either.

"Right now, we are going to sit back and enjoy Ashley's graduation. Then, in the fall, we will take this to the federal level."

First published on May 4, 2006 at 12:00 am
Mary Niederberger can be reached at mniederberger@post-gazette.com or 412-851-1866.
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