How parents "exercise their rights" and how school districts "exercise their authority".

For those who would like to see another side of how ESE issues are dealt with, observing a due process case is eye opening.


The current Whitehead due process hearing is open to the public and covers issues such as appropriate post-secondary transition and discrimination.

June 30 - July 3

Dreyer and Associates
201 N. Franklin Street, Ste 1775
Tampa, Florida 33602

Placation is as Placation Does

"I can see clearly now, the rain is gone,
I can see all obstacles in my way
Gone are the dark clouds that had me blind
It’s gonna be a bright (bright), bright (bright)
Sun-Shiny day." - Johnny Nash

************

Maybe more will see the obstacles in their way.
I am not sure the dark clouds are gone.
Maybe someday it truly will be a bright, sun shiny day.
I'm out of the system. Just like Lee.



I must say that Eskay is a very insightful person.

He analyzed a bit of information (read the comments) and in less than 24 hours he saw the picture clearly.

Frequent readers of my two blogs may have noticed that, when it comes to Special Education, the system was an albatross to me. Frequent readers of my blog may be confused as to why I rant and rave when there were many individuals within the system that did a lot for my son. Maybe it's like being in a hospital where 90% of the staff at all levels do a fine job, but 10% of the staff (at all levels) keep making you sick.

If one read the Press Release of the "old Whitehead case", one should have noted that the Whiteheads asked for reform within the system as a remedy to their case. "The Superintendent's Advisory Council on Special Education" was formed to put a check mark in one of the boxes.

I spent somewhere close to two and a half years on that project before I decided to leave it with a feeling of frustration. For those who want to check the record, I spent a year on the by-law development committee, a year as vice-president and a partial year as president.

I am curious to know how many recommendations to the Superintendent have come out of that Council? Do they keep minutes of the meetings or just a summation of what the District people want? Do they still have sub-committees, and do these sub-committees discuss local issues or issues of the State? How many of the by-law-required "parents" on the committee are also employees of the District?

The minute I read Goader's post, I realized the impact of the word "placation".

Isolated Incidents become Federal Fodder

I have scanned the Press Release regarding the settlement of May 2, 2000, Whitehead vs. HCSD. The contact information at the bottom of the press release has changed. The link can be found on my side bar "May 2008 - How much money will the District spend this time?"
There are many issues regarding this case. If nothing else, the word "Ethics" should be of grave concern to anyone associated with HCPS. What is bad for students and parents is also bad for teachers and administrators.

Frequent readers of my blogs know that I mock the use of the phrase "isolated incident" because I know how it is used by the system as a blanket dismissal of issues.

While there are many, many details of this case that should be examined by all concerned, I find it interesting that U.S. Magistrate Judge Elizabeth Jenkins uses that same phrase as follows:

"These violations of the procedural rights of the Whiteheads cannot be dismissed as either technical or minor. They were not inadvertent or isolated instances of a violation of parent's procedural rights under Section 504."

Is it possible that parents and teachers and some administrators are crying out for ethical oversight?

(click on page to enlarge)

No Words Can Express The Gratitude

Back in the day, I am sure most of us had to balance an equation, either in math or chemistry. April Griffin has a post about a teacher who deserves recognition.

I have purposely not named names on my blogs. I just posted a comment to a comment on my PRO blog, and I spoke about how, when my son was a student, I learned that an accolade from me about a teacher, support person or even a mid-level administrator could be seen as "them collaborating with the enemy".

I am out of the system. As my intro says, my son and my family owe a lot to many within the system.

I will take a stab at recognizing one person. Please do not diminish my recognition by crying out why didn't I recognize "so and so". That is like asking a parent "which one of your kids do you love most".


Pheobe Irby is the person who put my son, at his age of three, and my family on the track to success. She gave us a vision of the future while she understood the pathos of the present. I would love to share more, but history tells me to tread carefully. I do not think she knows about my blogs.

This is the link to The American Teacher Awards of 1996.

This is the link to the Disney Worldwide Outreach. What you should know is that her name is highlighted in yellow, which denotes "OVERALL WINNER". So, Pheobe was the best of the best.

I humbly submit that I was interviewed by the Disney Corporation and I hope I was as strident a support for Phoebe as I could ever muster. I owe her everything.

Here We Due Go Again

Hopefully, frequent readers of my two blogs, and those who should be knowledgeble about IDEA, understand the difference between a state complaint and due process as both are defined in IDEA. Here is a letter for you to read and share with others:




What this Mom would say to a School Board, if she believed they would listen…..

June, 2008

Dear Hillsborough County School Board members,

I am writing to ask that you review a pending due process case in your district, one filed on behalf of my son Andrew. As elected professionals serving the families and students of our county, I feel certain that you understand your fiduciary responsibilities as well as an inherent commitment, as expressed in your mission statement, to serve all the children of our district.

My situation is one that unfortunately we have faced before. In 1992, when Andrew began kindergarten, we were forced to file due process in order to receive the promised speech therapy designated on his IEP. We won at due process and the district was found guilty of seventeen violations of IDEA (the federal law governing the education of students with disabilities). We were relieved to have it over, and never dreamed our own school district would respond by suing us in court. In response, and not for the first time, my husband went to a public School Board meeting and begged the Board to review our case, talk to us, talk to their attorneys and understand the issues. The response of the Board was to turn to their attorney and say “Handle it Crosby” and immediately hire additional appellate attorneys. I think looking back on that moment in time the Board must have ultimately regretted that comment. Because abdicating their responsibility to the attorneys resulted in over 8 years of litigation, at a breath-taking monetary cost to the district, and ultimately resulting in Hillsborough County setting a national precedent as the first district in the U.S. to have been found guilty of retaliating against parents who advocated for their son. I was almost embarrassed when members of our School Board were brought to testify in depositions and in federal court only to have each of them admit they did not know or understand the real issues of our case. To this date, one only need mention “Hillsborough” to anyone across the nation in special education, and they know you are the district who retaliates against families of children with disabilities. And your attorney, whether he is your friend or foe, is known for a “scorched earth” policy when it comes to litigating – not exactly what I would term a “family friendly” district.

It is not my intention to open old wounds, relive the past, but one must as the saying goes, remember history in order not to repeat mistakes. I thought it appropriate as my elected officials that I write you with one and only one request. Please read the due process filing I have made on behalf of my son Andrew. Do your own research regarding what the federal law says with respect to the responsibility of schools to provide appropriate transition services. Ask your attorney why an 8-hour mediation ended in an impasse without a single offer by your district administrators to compromise (although we are bound not to discuss the details of the mediation – you can know it did not end with resolution). Ask your transition administrators why a program they have participated in, and promoted for a solid year, was suddenly ended when it came time to implement the program. Call some surrounding counties and ask how they implement transition. Call the FDOE and ask if they believe your people are implementing transition in compliance with federal law. And even if you don’t care about my son and whether or not he has any appropriate transition services, consider the liability of this case.

Now some would say I am giving my case away by writing all of you and asking these questions. But instead I say I am simply doing what I have done all along, asking that the right thing be done for Andrew. But even if you do nothing else, please do not repeat the sins of the 1992 School Board, do not abdicate your responsibilities to the attorneys, do not act as Pontius Pilate and wash your hands of this simply because due process has been filed. Read the due process filing and ask questions, require accountability of your administrators and fiduciary responsibility on behalf of your attorneys. It is your job. It is not too late to save the taxpayers of our county what amounted to over a million dollars paid out to our family and your attorneys over the last Whitehead case. I am as confident of a win this time as I was in 1992. I was right then, and whether or not you believe I am right this time as well, please believe me when I tell you it is not my desire to litigate. I simply want my son to have the transition services (which I currently believe would not cost the district any additional money than currently received under his IEP Matrix equivalent of a 255 since he already has a Teacher’s Assistant) so that he can exit the school system as a contributing tax-paying, employed citizen of Hillsborough County. The resistance I have received to a pro-active approach w/ no additional funding requirements is mind-boggling. But the cost if I am forced to litigate will surely be more.

I am happy to answer any questions you may have, or even encourage you to contact the local teachers at my son’s school who also support his program. Or perhaps I should erase that sentence since so many teachers live in fear of pressure and retaliation from those above that when inquiries are made, silence is returned, It seems the people who have the most problem with what we are requesting reside at the Velasco Building and have never even met Andrew. Reminds me of the attorneys who made all the decisions in the last case without ever reviewing it with the people who count most – our School Board.

And just in case anyone doubts that history threatens to repeat itself, just view our press release from the end of the last litigation in 2000 – the personal statement in paragraph two speaks for itself…
http://www.wrightslaw.com/news/2000/whitehead_newsrelease_000503.pdf
Thank you for your time and consideration,
Blessings to all,

Nikole Whitehead
Mother of Andrew Keith Whitehead

If you could read my mind (love), what a tale my thoughts would tell

Anon and I have had a civil discourse. I will take it upon his/her word that I made sense of the issue.

Read the comment section for yourself to see what we talked about.