The expression is that it takes "two to tango." In this case the two were some dedicated parents and District #203 in Naperville, Illinois over an AAC device known as the Tango. School District #203 in an act of overt meaness recently denied a six-year-old boy with autism access to his communication device, the Tango. The District first agreed to supply the Tango and than decided that the child could only have the device if his parents agreed to put him in a summer program that had been deemed inappropriate. The Hynes family appeared in court pro se, and the school district, represented by its counsel, was literally brought to shame.
The Hynes, in an attempt to enforce their son’s rights to access the Tango, moved in state court for a Temporary Restraining Order. On June 27, 2007, Mr. Hynes appeared before Judge Milton Shadur in federal court, responding to the school’s efforts to have the case moved to Federal Court. Judge Shadur decided in favor of the family directing the famous question "Have you no shame?" from the McCarthy hearings, to the district’s counsel for trying to remove the Tango from the child. Judge Shadur also stated that the school district was "blackmailing" the parents trying to get them to agree to a program that their "own professionals have not found to be in his best interest".Download JudgeShadurDecision-5.pdf
Later that day the District sent the family a gag order stating that they would provide the device only after the family agreed to keep quiet about Judge Shadur’s decision. Instead of responding, the Hynes family re-filed the Temporary Restraining Order in State Court.
On June 29, 2007, Judge Bonnie Wheaton, a Judge in DuPage County, Illinois,after reviewing the documentation and listening to each side, stated "I think Judge Shadur’s statement that this six-year-old autistic boy is being held hostage is absoulutely four square and right on." She went on to state very strongly "that this child has a right to this assisted learning device". The Judge also stated her surprise that an experienced and well respected attorney would make such a mistake as this one. Judge Wheaton closed by inviting the counsel for District 203 to go out into the hallway "right now" to call and find out if the device was at the school and how soon the family could pick it up. (Judge Wheaton Decision)Download Judgewheaton-1.pdf
This case is a win, not just for the Hynes family, but for many of us involved in advocating for FAPE for our children. For so many children with IEPs appropriate technology is an essential part of an education. Communication devices that are provided for in an IEP must be provided by the district, regardless of disagreements involving placement, or anything else. This family like the Winklemans should be applauded for their courageous advocacy.
The story of Naperville District 203 appeared front page in the Naperville Sun.