Dan Trouten, a local advocate for children with learning disabilities, filed the complaint on behalf of the student and his parents, accusing the school district of discriminating against the 17 year old based on disability caused by a health condition.
Specifically, the complaint charged that the school district failed to provide the student with a free, appropriate public education by failing to conduct an appropriate evaluation to see if he was eligible for special education and/or related aids and services.
The OCR agreed.
In a recent letter to Trouten, Olabisi L. Okubadejo, team leader of the District of Columbia office of the OCR, said the agency was concerned because although the school district was notified of the student’s medical condition, the district failed to conduct an
evaluation to see if he needed extra help.
Okubadejo said the school district had enough information to conclude the student may have qualified under Section 504 of the Rehabilitation Act of 1973, specifically in regards to the visible impact his medical condition played on his ability to attend class and his failing grades.
“Rather, the school district made an assumption that the student’s low grades and poor attendance, as well as his poor behavior, were a result of the student’s own ‘poor’ choices,” Okubadejo said.
The student, according to the complaint, has acid reflux disorder, which caused him to missed 41 days of school during the 2008-2009 school year, and according to the OCR’s interviews with school staff, the school district had known about the condition since the student was in middle school.
In his complaint, Trouten also contends, that along with acid reflux disease, the student also has attention deficit hyperactivity disorder (ADHD).
According to the OCR’s analysis and conclusion, the school nurse acknowledged being aware of the student’s medical condition but “was not aware of how that affected his grades or his ability to learn and did not discuss the impact of his illness with anyone at the school.”
The nurse said that while she had previously made recommendations for 504 evaluations with other students, “it did not occur to her” to make that recommendation for this student.
The OCR’s conclusion also states that school’s assistant principal confirmed the student had a poor attendance record, including a high number of unexcused absences, and that he had failing grades.
He said he was aware of the student’s medical condition, but the assistant principal also said he never considered referring the student for an evaluation under Section 504, saying “it never crossed his mind,” according to the letter from the OCR.
“He (the assistant principal) believed the student was performing poorly in school because he made poor decisions,” the letter states.
Both the school nurse and the assistant principal told the OCR they had never had formal Section 504 training.
“The OCR is also concerned that the district has failed to provide staff at the school with adequate training on the requirements and proper procedures under Section 504,” the letter to Trouten states.
Trouten addressed the school board Monday night, saying the school district needs to “learn the law.”
“Do your job; quit taking money away from the children, and quit giving it to attorneys,” he said.
Trouten said he waited 170 days before filing the complaint, hoping the school district would acknowledge that it needed to come into compliance.
In response to the complaint, and prior to the OCR making conclusions in its investigation, the school district voluntarily entered into a resolution agreement with the agency to address compliance concerns, and according to Okubadejo, when the agreement is fully implemented, it will address those concerns.
The agreement, signed by superintendent Henry Hunt, gives a timeline for evaluating the student to determine his eligibility for services under Section 504, and to determine whether the conduct for which he was expelled was a manifestation of a disability.
If found eligible for related aids and services, the student would be placed in a high school within the school district, provided he is otherwise eligible to attend, and the district would develop a plan for the student.
And if the evaluation concludes that the student’s conduct leading to expulsion was caused by his disability, records of the expulsion will be removed from his file.
However, if the evaluation concludes the conduct was not a manifestation of the student’s disability, the school district said it will provide the OCR with an explanation of how it arrived at that decision, including factors that it considered in doing so.
And the school district said it will provide Section 504 training to appropriate administrators and teachers at the school, including the school nurse.
The OCR has jurisdiction in the matter, as the enforcer of civil rights laws, including Section 504, which prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance, as well as Title II of the Americans with Disabilities Act, which prohibits discrimination against qualified individuals with disabilities by public entities.
Actually, it has been federally documented through a federal investigation that, in fact, the student did miss 41 days due to their health. It is a matter of record from a federal investigation which means the school verified it. So, the school believes it.
You are right that what is wrong with our country is people making excuses for bad behavior and irresponsible behavior. This is why I go with parents to schools to help them fight for responsible behavior out of those whom we employ as a county. Our students spend most of their waking time at school. This is where they learn quite a bit about how they should live.
When it doesn’t occur to an assistant principal to follow the law…what does that teach our children? What’s worse is people like some of the posters here actually supporting lawless behavior from some who work in our schools let alone our elected officials.
Franklin…you sound like Obama…”it’s George Bush’s fault”. School administrators and elected officials need to take responsibility for their own actions and the example they show to our children. Our children need to be shown compliance with the law to learn compliance with the law. It is disappointing the Obama liberals like franklin insist on blaming children simply for following the example of school administrators.
Does any one (besides Dan) believe the reason this student was absent 41 days was due to his "handicap" acid reflux?
This is what is wrong with this country. Excuses are made for bad behavior and irresponsible behavior and liberals like Dan Trouten who make a federal case out of this poor excuse for non school attendence and poor behavior on the part of the student and irresponsibility of the parent.
Dan you are anything but conservative supporting excuses for a lack of self-responsibility.
ADHD is not an excuse, it isa disablimg condition within the brain that must be addressed, medicated, and otherwise compensated for in order for people to become responsible adults. The ADA and the public school system acknowledges the need for accomodationspandadditional training in social skills,organization, and impulse control.
So, I have an issue with anyone who calls ADHD a poor excuse, obviously you have no experience with adults who turn to drugs and alcohol to help them cope with their Real Disability.
I am the parent of an adult who has Cerebral Palsy and Autism with many behavior issues. I suppose you think those are excuses, too? And I am an irresponsible parent? That load of crap thinking went out in the sixties......
On of the symtoms is "Bloody or black stools or bloody vomiting". Quite far from a doctors note since it was the school who would send the student home.
http://www.webmd.com/heartburn-gerd/guide/what-is-acid-reflux-disease
Mat 5:44 But I say unto you, Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you;
Now you know why I keep going with families to the schools and try to help them understand no matter how I'm treated! It is my hope this county with so many churches in it can be known for the love of Christ towards children. Perhaps some pastors should start preaching more about what Jesus says about our responsibilies towards children.
Administrative costs alone for disciplining instead of serving special needs children is huge. School districts with 99% AYP are only spending $100 more per student and they are in frozen MN having to heat the buildings in subfreezing weather! So, it's not about the money. It's about doing the job right to save money. I'd like to see PCSD operate as efficiently as CIU but for that they'd have to love children the way Jesus does. We can give our children a much better education and still not spend as much as we are!
Unfortunately, as one can see from the comments here, little is understood about saving money in education. Too many citizens of Pickens County insist on throwing away dollars to try to save a dime. It is poor stewardship of our tax dollars. That attitude COSTS you money!!!
Now, I was asked by the families I help to run for school board. I told them I wasn't going to buy 10,000 yard signs or anything like that. Quite frankly, I was shocked I got that much of the vote! Why didn't I try harder to get elected? Conflict of interest. You really cannot be a school board member and advocate for children at the same time. Jesus was very clear that when you serve people (like children) because it's the Godly thing to do there will be people who hate you for it. So, for those who have posted...thanks for the conformation!
I guess all those balloons she had on her signs weren't enough to wipe the memories away of the 50 mil tax hike she voted for.
Only weeks before June won a county wide election, voted for that big tax increase and now she can't even win a city council race in her own back yard.
I think her vote total was almost as bad as Dan Trouten's 7% in the one election he ran in.