SERENA CAN WAIT AT THE BOTTOM OF THE HILL

     From the Editor: As Federationists know, Carol Castellano of
New Jersey is one of the leaders of the Parents of Blind Children
Division of the National Federation of the Blind. She is also a
determined, committed, and knowledgeable Federationist. As
evidenced by the following correspondence, she has taken the time
to study the literature and learn the law. She knows her
Federation philosophy and lives it. The hearts of all of us
should be gladdened by this correspondence and what it implies.
Here it is:

                                              Madison, New Jersey
                                                     June 2, 1992

Dear Dr. Jernigan:
     Recently I received a phone call from the principal of my
daughter's school. I was told that Serena, who is in first grade,
would no longer be allowed to wait for me after school at the
bottom of the hill with all the other children. She would now
have to be picked up in the office. When I asked if something had
happened, I was told, "We're concerned for her safety." When I
questioned why there was concern for her safety, the principal
answered, "Because she is blind."
     For two years, kindergarten and most of first grade, Serena
had been waiting with no problem for me to pick her up. Putting
this restrictive policy into effect in May of her second year in
that school seemed ludicrous. When I informed the principal that
there were laws against such discrimination, I was assured that
school personnel were not discriminating against Serena; they
were just concerned with her safety.
     I spoke to Mrs. Maurer soon after the phone call from the
principal, and it is at her suggestion that I am sending the
enclosed letter I sent to the superintendent of schools in our
school district.
     Had it not been for my contact with the Federation over the
years and my familiarity through the literature with NFB
positions on issues (the airlines issue in particular), I would
not have been able to formulate so persuasive an argument. I am
happy to report that the superintendent decided in our favor "in
deference to the strong feelings set forth in [the] letter."
Serena will continue to come down the hill and wait for me at the
corner.
     Can't wait 'til the National Federation of the Blind
convention in Charlotte.

                                                     Best wishes,
                                                 Carol Castellano
                      ____________________
                                              Madison, New Jersey
                                                     May 22, 1992

To the Superintendent of Schools:
     I am writing to explain our position on whether or not our
daughter, Serena Cucco, can safely wait for me to pick her up at
the bottom of the hill at Kings Road School.
     Serena has good safety awareness. She knows about the school
driveway, the street, the curb, and the traffic. She is aware of
the crossing guard and what his job is. She comprehends the scene
that is occurring as the children wait for their parents after
school. Generally, she does not stand on the sidewalk to wait.
The sixth grader who accompanies her down the hill usually stops
on the blacktop path, several yards back from the corner. Serena
stands in one place, alone or with other children or mothers, and
waits calmly, patiently, and alertly, to hear my voice.
     Unsafe behaviors do occur at the bottom of the hill outside
Kings Road School. Children play tag wildly, sometimes stopping
their running at the edge of the curb. Many children push and
shove each other practically into the street. Several children
are kept waiting for a long time before a parent comes to pick
them up. Parents continue to ignore safety instructions and park
their cars where the road narrows. As people parallel park along
the street, the rears of their cars jut into the sidewalk where
children are walking and playing. Parents continue to congregate
at the corner, even though they have been requested not to.
Serena, however, is engaged in none of these unsafe behaviors.
     Has a separate policy been put in place to guard the safety
of the children who play too wildly or push and shove at the
corner? Is a special watch being kept over the children whose
parents do not come for fifteen or twenty minutes? Or is Serena
the only child for whom a separate policy has been formed?
     We do not believe that our daughter is unsafe when she is
standing at the bottom of the hill waiting for me. If we thought
she were, we would be the first to request an accommodation. As
we understand it, the issue of safety was brought up by a teacher
who saw Serena waiting alone one day. This teacher was evidently
unaware that there have been many days over the past two years
that Serena has waited alone for me for several minutes and that
I had explicitly told the sixth-grader that she did not need to
wait with Serena until I arrived.
     As usual, without any discussion with us, a policy was
decided upon and I was issued an order: Serena would not be
allowed to walk down the hill; I was to pick her up in the office
from then on.
     Those who decided on this plan did not consider the effect
this separate treatment might have on Serena's confidence and
self-image; they did not consider that this action would prevent
her from ever learning the skill of walking down the hill
independently, safely, and efficiently, and of course did not
think that perhaps we, the parents, might have something relevant
to contribute regarding the situation.
     This safety concern is the product of someone's inaccurate
perception, assumption, projection, or fear. It is not based on
reality. Reality is that Serena has waited on that corner for
almost two years entirely without incident. (The principal
concedes that there has never been an incident or even near
incident in which Serena was in any danger. The crossing guard,
too, stated that there have been no problems with Serena's
waiting at the bottom of the hill.)
     The perception that a blind person cannot be safe because
she is blind is typical of the way our society in general thinks
about blindness. It shows a lack of understanding of the fact
that blind adults lead independent lives and of the process of
gaining skills that leads to that ultimate independence. My
husband and I know blind adults who travel wherever they want to
go independently; one of our acquaintances (totally blind, I
believe since birth), in fact, travels the world as a member of
the Foreign Service. Serena will never gain the skills for
efficient, safe, independent travel if 1) she is not allowed to
participate in activities such as walking down the hill and
waiting alone, and 2) her confidence and self-image are
undermined by custodial policies based on other people's
inaccurate perceptions about blindness.
     We wonder if, according to the person or people who decided
that Serena can no longer wait safely alone, a magic age will
come when suddenly she will be ready to wait alone. Will waiting
alone somehow become safe? A child surely will not gain the skill
she needs without the opportunity to practice. Independent
mobility, like most things children learn, is a process. Serena
is learning to cross streets, for example. This year she is
crossing quiet streets alone; I do not need to walk beside her
because she is well on her way to mastering the skills of knowing
when she is in the middle of the street, walking purposefully,
looking for the curb or cutout, and stepping up quickly and
efficiently. I do not feel she has mastered listening to traffic
on a busy corner, and we do not allow her to cross in traffic
alone. It is a process, and as she gains skill, we, her parents,
will allow her increasing independence and responsibility.
     The Americans with Disabilities Act, and Section 504 of the
Rehabilitation Act before it, were written to counter historical
attitudes of custodialism that were based on false perceptions of
what disability involves. There are things my daughter cannot do;
but please do not keep her from doing something she can do
perfectly well and with safety just because of someone's
perception that she cannot be safe because she is blind.
     The anti-discrimination laws do not allow exclusionary
policies to be made on the basis of a person's disability. The
ADA uses such language as "No qualified individual with a
disability shall, by reason of such disability, be excluded from
participation in or be denied the benefits of the services,
programs, or activities of a public entity, or be subjected to
discrimination by any such entity" (Title II: Sec. 202). The ADA
also ensures that "nothing in this Act shall be construed to
require an individual with a disability to accept an
accommodation, aid, service, opportunity, or benefit which such
individual chooses not to accept" (Title V: Sec. 501 d).
     We hope that the seeds of custodial attitudes will not be
sown or nourished by policies decided upon by the Madison School
District. We don't want Serena or those dealing with Serena to
view her as dependent and not capable. We hope you will help us
in our striving toward a self-sufficient, independent future for
Serena.

                                                       Sincerely,
                                                 Carol Castellano