Showing posts with label lawsuit. Show all posts
Showing posts with label lawsuit. Show all posts

Wednesday, April 15, 2009

What To Do When You Created A Problem And Are Afraid To Let Go

The ongoing situation with Goader must provide the local government agency, otherwise known as the Hillsborough County Public Schools, with several perplexing issues. Balancing apparent long held practices of keeping problems in-house and away from public scrutiny against an aggressive and apparent unilateral decision to create a legal charge could be one of those quagmires. According to the information that I have, the fact that the sheriff's department and the state's attorney did not find cause to collaborate an in-house charge apparently did not sit well with the first named government agency.

And then there is the problem of "who knew, what did they know, when did they know it, and how did they decide to act on what they knew". A classic government albatross.

A little history provides a little perspective to the here and now:

Communication Still Problem For Hillsborough Schools:
"By MARILYN BROWN
The Tampa Tribune
Published: September 21, 2008
Updated: 09/21/2008 12:16 am
TAMPA -

Lack of communication.

It's often the official answer when things go sour in Hillsborough County schools."



"......some school board members don't always get all of the information they want and ask for.

"I've had trouble getting information since I have been a board member," said Griffin, who was elected in 2006. "I ask for things and sometimes it takes weeks to get it. I've asked for reports that I have not received to this day."

"Communication is very selective in this district," said Griffin, who has often been at odds with Elia. "If you're in their favor the communication seems to be a lot more open and a lot quicker."




Complaint Alleges Hillsborough Withheld Services To Students#comments#comments: "By MARILYN BROWN | The Tampa Tribune
Published: October 1, 2008
Updated: 10/01/2008 02:42 pm
TAMPA - A class action complaint was filed in Tallahassee today with the Florida Department of Education by three civil rights groups on behalf of six students with mental and emotional disorders in Hillsborough County."

"Elia said she was surprised when she got notice Monday of the upcoming news conference because she was not aware of the concerns."



The significance of this state complaint is the duration of the alledged compliance issues. So, how does a government agency balance having their finger on the pulse of all that is good and having no information on ongoing issues? How does a government agency control the flow of information? Is there a "street code"? What about "don't ask, don't tell"?


Control of information may be the cornerstone of the establishment. Without that control, the fulcrum on the balance of power and influence is lengthened. How can the establishment let go when control of information is the only weight they have?



Goader has 16 parts that provides information. And then there is Lee's blog which adds to the information. My understanding is that Goader is still biding his time, waiting for an answer. My farm boy logic leads me to believe that he therefore must not be in favor of the establishment.


And for those who enjoy honing their critical reading skills, peruse the comments found here:

It’s Goader—Got It! : Goader Online

Sunday, February 24, 2008

Now We Get To See Why Kids And Parents And Public Education Lose

Public Education is nothing if it isn't about big money. Bottom line.

Defending this money is a paramount goal. Statistically, the public systems protect each other. They have unlimited resources and expertise in strategies. What seems to never be of concern is that there is more to life than money. But at a $200,000 liability cap for public school systems, that is as insignifant as hiring a consultant.

I write frequently about the abuse of power by public school employees. They are afforded protections that most people don't get.

In this case, the charges against a teacher seem to fit with the physical signs of the kids. Goose egg lumps, busted lips, extracted teeth, and bruises are hard to fabricate.

I am not surprised in the least at how the defense is shaping up. It is the nature of the defense culture for public schools.

Another story is here :

Click here: HeraldTribune.com - News - News stories about Sarasota, Manatee and Charlotte counties in Florida, from the newspa

We have a time line:

"Two aides in Diana O'Neill's class started documenting instances in which they believed she abused students as early as October 2007. But it was three months later -- after more than a dozen instances -- before the police and the state Department of Children and Families were notified"

Some one had concerns, but if it isn't on paper, it didn't happen: "Police records also indicate that O'Neill, 45, had been "talked to" in the past for her behavior with her profoundly disabled students. But there is no record that any concerns were ever reported to the police or the school district to investigate."

We have a kid who has no chance of telling the truth so how could anyone believe anything about her wasn't done by herself:


"Tara, who cannot walk, talk or see, has been in O'Neill's class for eight years.

During that time she often came home with bruises, prompting Hatfield to go to the school and question the teacher. Every time, O'Neill had a different explanation that ranged from other children hitting her to her falling out of her wheelchair, Hatfield said."


A few details by the aides:

"Police identified four of O'Neill's five students as victims. With one child, aides reported that O'Neill parked his wheelchair against a wall and watched as the boy hit his head against it, sarcastically telling him, "Don't hit your head."

Aides also reported that O'Neill had kicked one girl in the legs, hit her in the head with objects, pushed her to the floor and used a "weighted blanket" and a "body sock" -- two therapy tools that restrict movement -- to punish her."

Setting up the need for understanding a unique situation:


"Educators and parents alike complain of little support from the rest of the school system, and even fewer resources. It is a pressure cooker that can pit teachers against parents, or unify them in the face of shared challenges.

Despite efforts to include students with disabilities in the regular school setting, at most schools these small classes stay clustered together, sharing resources and working as teams, creating a tight-knit community.

It is also a place where teachers employ unusual techniques to control their children's behavior and help them develop physically and mentally."

And then we have common place actions:

"For example, the aides reported an episode where O'Neill shoved a cloth into a child's mouth and then pulled it out so hard the child's tooth came out.

But Sloan said this is a common technique used to build the biting reflexes of students with disabilities. In this case, O'Neill accidentally knocked out a baby tooth, Sloan said."

And I wrote previously about how the system will make sure no one speaks out without themselves becoming liable:

"School Superintendent Gary Norris said the district would review not only the allegations against O'Neill, but also how the other employees responded."



And here comes the "defense of professionals":
"These charges were observed by aides who are not sufficiently trained to work with handicapped children," Sloan said. "This woman is completely professional.""

There is the "culture of defense" in a nutshell.

If these aides are lying, our kids will suffer yet another setback.

If these aides can not prove they are telling the truth, our kids will suffer another setback.

Afterall, it is about numbers. The fact that this is an isolated incident eases our anxiety.

Unless it was your kid.

But in that case, you would just be a parent.

Thursday, November 1, 2007

We are Playing Those Mind Games Together

Hillsborough: Suspension without rules


I have written before about obfuscation.

I have a question. The administration (some)say that these suspensions are not a punishment.

How does a student process this information? From an educational point of view? From a behavior modification point of view?

In this case, we are talking a student with a processing difficulty.

Does anyone know what concrete thinking is?

Does anyone know what abstract thinking is?

Does anyone know how to ascertain when these different cognitive skills are needed to process information?

I keep hearing echos in my mind "But I didn't do anything wrong". (inside voice - I didn't get punished, so must not have done anything wrong.)

But other kids, when they get suspended, they are being punished. Why am I different? They are just playing mind games with me.

Training kids that suspension is not a consequence for "their" behavior, but the suspension is for the "parents" behavior is somewhat confusing.

Do they have different colored suspension forms so one can tell if it is the student behavior that gets the student suspended or the parents behavior that gets the student suspended?

Must be hell to have a parent that won't contact the school. In more ways than one.

Thursday, September 20, 2007

Milwaukee Public Schools loses special ed lawsuit - Coming to a District near you soon?

Milwaukee Public Schools loses special ed lawsuit.


http://www.jsonline.com/story/index.aspx?id=660882

See below how the judge answered this one: "lawyers hired by the school district had argued that much of the testimony from the parents was not reliable"


Systemic delay in HCDS was addressed a few years ago. The District has, to the last of my knowledge, a written policy that requires initial evaluations to be initiated within 30 days of parent's signed consent and completed within 60 days of same consent.


Unless the parent knows that the signed consent is the only thing that triggers this timeline (possibly a false premise under Section 504), verbal assurances that the issues will be adressed only delay the timeline. Suspending kids whose behavior is dramatically different from his/her peers (usually a sign that it may be a manifestation of their disability) without the District acknowledging or evaluating the kid for a suspected disability certainly saves money.

Suspending kids sets the stage of "First we blame the kid, then we blame the parent". It absolves the District from providing resources needed to address the manifested behaviors. While the parent is repeatedly assured that the District personnel are trained professionals, the District personnel's ignorance of understanding the concept of "special education" is on full display. This is prevalent with site administrators who have no concept of special ed.

What is the cost to saving money?


<<<<<<<<<"The inability of MPS to reach full compliance with the law in the area of Child Find is not the result of numerous isolated and unrelated cases, but stems from systemic inadequacies," Goodstein wrote. MPS said two years ago that it had spent $1.8 million on its defense, some of which it could possibly recoup through insurance. That was before the three-week-long trial in 2006. Spitzer-Resnick said his group has spent more than $1 million, money it hopes MPS and DPI will now be forced to pay. During the 2006 trial in front of Goodstein, lawyers hired by the school district had argued that much of the testimony from the parents was not reliable. But Goodstein cited specific cases presented at the trial where he judged the district had not addressed students' needs appropriately. Spitzer-Resnick said that throughout the legal proceedings: "We've heard 'It's poverty, it's mobility, it's homelessness.' Guess what? Those excuses are not given any credence by the court or by the law." One of the mothers involved in the lawsuit, whose son's story was chronicled in a December 2005 Journal Sentinel article, said she made repeated requests that her son be tested for learning disabilities. Eventually, the boy was 12 years old but still in the third grade at MPS. He was suspended so often that his mother and teachers sometimes lost track of where he was supposed to be. In another case, one girl cut herself at school and once wrote on her desk: "Kill all people. Solve the problem." While she did well on standardized tests, she couldn't seem to pass the sixth grade. The judge noted that school officials suspended the girl and referred her to a new school - but did not evaluate her for special education until prodded to. "The issue of suspension has an effect on the timely identification of children in need of special education," the judge wrote. "It also had an effect on the timeliness of providing services.">>>>>>>>