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Chesterfield County, Virginia Public Schools Declare War On Students of Color and Their Parents With Special Needs
- 24-5-09
Chesterfield County, Virginia Public Schools Declare War On Students of Color and Their Parents With Special Needs
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Kandise Lucas, Ph.D. May 24, 2009
Columnist EducationNews.org
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           Parents, particularly parents of color, within Chesterfield County Public Schools are engaged in one of the greatest fights of their lives as they take on district officials that are not only content in violating the civil rights of their students, but these same officials go to extraordinary lengths to cover-up their actions, intimidate parents, and slander the reputation of students with special needs.
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           The Jones family is a perfect example of the war that is going on between parents and school officials at Meadowbrook High School in Chesterfield. For years, Mrs. Jones has served as a formidable advocate for her now, tenth grader, who has been identified as Other Health Impaired due to an extremely serious chronic medical condition.
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           In her efforts to hold the staff of Meadowbrook High School accountable for complying with the federally-mandated guidelines of her daughter’s Individualized Educational Plan, (IEP), Mrs. Jones has encountered everything from grossly negligent school officials to incompetent central office staff, to threatening administrators that do not hesitate to violate district, state, and federal special education policies on a regular basis.
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           In recent weeks, when Mrs. Jones exercised her rights under the Freedom of Information Act by requesting a copy of all of the district’s documentation regarding her daughter, Tim Bullis, the Director of Community Relations, made no qualms about violating his own word to provide the documents in a timely manner, but also violating the timeline outlined within the federal act itself.
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           The district’s actions have resulted in the Jones filing a formal complaint with the Virginia Department of Education for their failure to comply with such legal guidelines as eligibility timeframes, implementing accommodations as required, and even ensuring that her student received the proper testing accommodations for her SAT assessment.Â
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           Central office officials are the primary culprits in violating the laws that they were hired to ensure were followed. Kathryn Burnes, the Homebound Instruction Coordinator, abruptly terminated homebound services that were required with no explanation. Both, Lauran Ziegler and Karyn Anderson, who are the Special Education Specialist and Liason respectively, demonstrated their extreme levels of incompetence when the Jones’ parent advocate had to provide them with the guidelines and forms for collecting behavior-based data for the Jones’ student.
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           Furthermore, school officials have demonstrated their perceived resentment for Mrs. Jones’ advocacy on behalf of her daughter on numerous instances by insisting that she meet with them without her parent advocate, and referring to her daughter as having “Obsessive-Compulsive Disorderâ€, and verbalizing that they would prefer if she were not at the school. Shawn Able, who is Meadowbrook’s vice principal, who has no formal training in either, special education or mental health issues, expressed these derogatory words.Â
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           The Smith family, who is the second family within the district that is fighting for the future of their African-American male student, has encountered nearly identical circumstances. Mr. and Mrs. Smith determined that their son, who attends Midlothian High School, was not receiving the proper services, nor were the special education services that were listed on his educational plan being implemented. As a result, they called a meeting last fall, in order to hold the school officials accountable for failing, once again to follow special education guidelines. Reluctantly, school officials rewrote the plan in compliance with district, state, and federal guidelines. After which point, their student began to excel academically.
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           Unfortunately, their victory was short-lived, because as we all know, school officials, specifically those in Chesterfield County Public Schools, view empowered and educated parents as a threat that must be removed at all costs. In what is believed to be a retaliatory action by the officials at Midlothian High School, it was documented that they refused to address a student that was bullying the Smith’s student for months. The bully repeatedly verbally abused the student with special needs in several of his classes with little or no interventions by teachers or school administrators outside of his science teacher, who separated the two boys while in class.
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           Despite the Smith student’s repeated conversations with school officials requesting that someone help him with the bullying student. Nothing was done. He spoke with his case manager, Ms. Timmer, the vice principal, Ms. Whitlow, the school counselor, Dr. Jones, and several other teachers throughout the year in order to obtain some help in terminating the verbal threats and harassment, but they all turned a deaf ear and a blind eye, repeatedly stating that they could not change the Smith student’s class due to there only being one class for students with his type of needs.
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           The case manager also made several racially and medically incompetent statements when she illegally characterized the Smith’s student as “depressed†and “suicidal,†because he did not “smile†enough. The Smiths obtained documentation from their pediatrician, who was the life long medical care provider for their student, indicating that he had never suffered from “depression†of any kind. This information was shared with school officials.
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           In April of 2009, the Smith’s student had enough of the verbal threats and harassment, and engaged in a physical altercation with the bullying student. At which point, school officials finally took action; the wrong action, and suspended the Smith’s student for the remaining part of the year. During the initial disciplinary hearing that was to determine whether his actions were due to his disability of being emotionally disturbed, the school officials refused to discuss the issue properly and did not even have a copy of the student’s IEP to review in order to determine whether it was implemented properly. In addition, they refused to answer any of the parent’s questions regarding the incident. Furthermore, they claimed that they had not completed an investigation regarding what lead to the incident and refused to include the teacher that witnessed the incident and harassment within the meeting.  Finally, they refused to consider the Smith student’s statements when he indicated that he felt that he had no other choice other than fighting the other student because all of the adults were ignoring him when he asked for help repeatedly over several weeks leading to the confrontation.
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           When asked why they had not intervened when the student with special needs repeatedly approached them regarding the matter, they offered no response, but school officials like Ms. Whitlow, did not hesitate make falsified statements regarding the events that took place in order to cover up the extent of their negligence regarding the incident.
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           The family appealed the principal’s recommendation for a long-term suspension and was scheduled to attend a disciplinary hearing at Chesterfield’s central office. District officials refused to permit the Smith’s parent advocate to attend the meeting.
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           The Smiths are filing a state and civil rights complaint, and are now appealing the long-term suspension to the school board, claiming that school officials failed to intervene to protect their son with special needs, which was their responsibility. Their failure to do so resulted in their son being forced to take matters into his own hands in order to protect himself from future bullying by this student.
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           It is clear that for parents of special needs students, specifically parents of color, cannot rely on the officials of Chesterfield County Public Schools to operate in integrity and in the best interests of their children, or any child. When officials from the classroom to central office do not hesitate to violate the laws whose sole purpose is to protect the most vulnerable children within our society, then these individuals should be removed immediately. The abuse, intimidation, and neglect of students and families with special needs is a systematic issue that is a cancerous epidemic throughout Chesterfield County and many other districts.
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           Dr. Newsome, Chesterfield’s children and families deserve better than this, so the question that is posed to you, as the district’s superintendent, is, “will you speak up for those that cannot speak for themselves as the protector and nurturer of children, or will you remain silent and permit those under your supervision to continue to destroy the futures of children with special needs?â€
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           Now that we know, we will be watching…….
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           (The names of the families are fictional for the protection of their students.)
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Dr. Lucas,
Thank you for this article! Â I am in Chesterfield County and I know that school officials violating the law is a regular thing. Â The superintendent, the human resources department, and the school board are all aware of incidents like the Jones and Smiths. They even know of worse situations but do not remove these people. Â I hope that exposing them forces some change because Dr. Newsome should be ashamed to show his face after this article. Â THANK YOU!
I"M A PARENT WHO'S CHILD IS AFRO AMERICAN AS WELL AND BEEN DISCRIMINATED AGAINST BADLY. AND COULD USE YOUR HELP TO FOR MY CHILD. THIS IS THE STORY I SENT THE PRESIDENT'S WIFE MICHELLE OBAMA. NO TODAY NOV. 16,2009, AM WAITING ON RESPONSE.
DEAR MICHELLE OBAMA,
WE DON'T HAVE NO WHERE ELSE TO TURN BUT TO YOU, WE REALLY NEED YOUR HELP, BECAUSE THERE IS REAL CORRUPTION IN OUR LOCAL STATE. MY CHILD IS DISABLED AND THERE ARE ALLOT OF OTHER PARENTS WHO ARE GOING THROUGH SOME OF THE SAME THINGS I"M GOING THROUGH AND CANT GET KNOW HELP FROM OUR LOCAL GOV. DOWN HERE WHERE WE ARE, THERE IS A LOT OF COVER UPS AND CONSPIRING GOING ON . THIS IS HURTING OUR DISABLED CHILDREN WITH DISABILITIES. OUR GOV. IS SUPPOSE TO UP HOLD AND PROTECT IF WE CAN NOT TRUST OUR GOV. THEN WHO CAN WE TRUST. I BELIEVE MICHELLE OBAMA CAN HELP OUR CHILDREN OUT. YOU ARE A PARENT TO, AND IF THIS WAS HAPPENING TO YOUR CHILDREN THERE WOULD BE SOMETHING DONE ABOUT IT IMMEDIATELLY. THERE IS CORRUPTION HERE AND SOMETHING NEEDS TO BE DONE TO STOP THIS ABUSE THAT IS HAPPENING TO OUR KIDS AND PARENTS THAT HAVE DISABLED CHILDREN. I'M NOT THE ONLY ONE THIS IS AND HAS HAPPENED TO, THERE NEEDS TO BE AND INVESTIGATION BY OUR GOV. DONE DOWN HERE IN CHESTERFIELD COUNTY, TO STOP ANYMORE CONSPIRING, COVER UP'S, AND CORRUPTION AGAINST OUR CHILDREN AND THERE PARENTS. PLEASE HELP US OUT, YOU ARE OUR LAST HOPE-- THIS IS AFFECTING MY KIDS HEALTH, HE HAS NOT BEEN ABLED TO SLEEP SENCE A WEEK BEFORE SCHOOL STARTED AND THERE ARE SOME OTHER ISSUES AS WELL. PLEASE BE OUR VOICE. WE NEED YOUR HELP BADLY. I NEED TO KNOW IF YOU CAN HELP OR NOT. WE DON'T HAVE KNOW ONE ELSE TO TURN TO, WE HAVE NOT GOTTEN ANY HELP FROM OUR FEDERAL GOV. WHO IS SUPPOSE TO MAKE SURE THE[ IDEA ACT ]WHICH IS SUPPOSE TO GUARANTEE ALL CHILDREN WITH DISABILITIES ACCESS TO A FREE APPROPRIATE PUBLIC EDUCATION. WELL THAT IS BEING VIOLATED RIGHT HERE IN CHESTERFIELD COUNTY VIRGINIA. YOU NEED TO COME AND FIND OUT FOR YOUR SELF, MIND YOU YOU CAN'T LET THEM KNOW YOU ARE COMING. THIS COVER UP HAS TO STOP DOWN HERE IN CHESTERFIELD COUNTY--STARTS WITH (ART STEWARD )ON DOWN TO( MIKE ASAP), AND THE LIST GO'S ON AND ON. GET INTOUCH WITH EVERY PARENT WHO HAS A DISABLED CHILD INTHIS COUNTY THAT IS THE ONLY WAY YOU CAN GET TO THE BOTTOM OF THIS COVER UP AND CORRUPTION DOWN HERE IN CHESTERFIELD COUNTY. MIND YOU WE HAVE THE PROFOUND PROOF IN OUR HANDS. THAT IS WHY I'M ASKING OUR WHITE HOUSE TO HELP US, OUR CHILDREN OUR SUPPOSE TO BE THE CHILDREN OF TOMORROW. THE INJUSTICES DOWN HERE HAVE TO STOP, THIS IS AFFECTING OUR KIDS-- IN A BAD WAY. THIS IS SOME OF MY CHILDS AND MY STORY.
An assist. principal threatened my child in a manifest station meeting in May of 2009. and every since then they began to, retaliated against my child and myself, they brought false charges in court against me, had and eligibility IEP meeting without my knowledge or my consent which consent is required by law-- called my child homicidal, suicidal which only names just a few things they called my son. I became I'll favored all because I'm advocating for my child’s Education. The school became annoyed with me and started seeking revenge, and they began to use intimidation tactics. They have used Hate Crimes --"Ethnic intimidation" by trying to force my hand make me agree to something that is not Lawful, my child has not been in school since May 2009 excluded him from participation in his IEP program, my son was denied transportation, his transitional services, Social work services in school,. AS OF OCT.29, 2009 THIS TAKES THE CAKE I JUST FOUND OUT THAT THE STATES ATTORNEY, WAS BLACKMALING MY ATTORNEY. TO MESS UP MY CASE THAT i HAD AGAINST THEM. Mind you my attorney quit on my child and me on Oct. 30, 2009 all because I wouldn't sign away my our civil rights,[ I have the letter thy wanted me to sign ] they wouldn't let him go to school on Nov. 4, 2009. Time is moving very fast and my son is missing his education, he really want to go to school just like his sisters are. I don't want my son to lose hope at all; now they have turned on the attorney I had. Sent me evidence they held over his head against him- so I can to go after my old attorney. Arthur G. Almore, Sr. Esq. I called him on wed. on the 4th of Nov. 2009 and told him what they did to him behind his back, he then told me to read that 6 page letter to him, I told him I would not, then he told me if there was anything he could do to help me he would help me out. I don't trust him at all, he is running scared now. There is much much more, it is to long to explain. My child is being denied his educational rights any goals and or dreams he have are put on hold because of the unjustness of the systems getting away with mistreating my 17 year old male child. My child has not been able to sleep since a week before school started, now this is really taken a told on him. I want my child to have a chance to one day become president if he so chooses or any other desire he has for his future, my child deserves a chance too. I really need your help because my child is being tossed out with the trash by this system up here, they have been getting away with treating kids this way for years. Thank you Ms. Shannon McCoy
I have a daughter currently receiving homebound instruction through Chesterfield County due to a genetic disorder and the recent complications it has created for her. She is a junior at Clover Hill High. While Homebound was fairly cooperative initially, the lack of communication, instruction and now the threats of removing her from school completely for missing too many days as her homebound was "up" as of January 18th (despite ongoing Doctors' care stating that she is still unable to attend on a normal schedule) via email to my DAUGHTER (not to me, nor phone calls!). My daughter is not African American. It seems to me that it is not so much race at play here, but incompetence by administrative staff in a school system that is stretched too thin in the teaching and specialty areas, yet bloated beyond belief in the Superintendents office. When one county has a Superintendent that earns more than twice the salary of the states Governor and has lifetime benefits, car allowance, etc. on top of that one can plainly see where the fat could be cut so better attention is paid tho students in need.
Dr. Lucas,
By any chance did you happen to be involved in a similiar incident in Henrico County? This story just sounds so familiar. There used to be a special needs teacher in Henrico who was an advocate for these children but she was fired for making false allegations. I am so happy to see Chesterfield has someone like you who is willing to be supportive for the students. It would be a tragedy to have an entire school district fail these children. I hope one day you will consider taking on a leadership role within the school board to ensure these events no longer will take place. You definitely will have my vote. The County needs someone like you and I cannot imagine why you are not already in that role to protect our children. Thank you again for all of your hard work.
Dr. Lucas,
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Thanks so much for your boldness in speaking out on these issues. Violations of IDEA are rampant in schools in CCPS. All school staff, teachers, aides, principals and other administrators need to read the law - NOT the CCPS policy and procedure manual. They are spoon-fed county policies and procedures which are in noncompliance with the actual Virginia and federal regulations. So when confronted with parents who know the law and their rights, they think parents are being difficult. They don't even know they are in the wrong. They think their Policy and Procedure Manual is god. The school board attorney, Mehfoud with Reed Smith LLP (how much does CCPS pay this firm annually?), teaches school staff how to go against parents and children with disabilities to prevent children from getting accommodations / modifications / services that they need in order to receive a free and appropriate education in the least restrictive environment. I have been asked by countless folks from other districts, What is wrong with Chesterfield? Don't they know they can be sued? No, they are clueless. They simply do not care.
CCPS WANTS parents to file due process. When parents file due process, they gag the parents so they cannot speak out in the media. This is why we will forgo that worthless option (an expensive worthless option), and go with the court of public opinion, which usually sides with what is right and not what is legal or letter of the law. The general public knows they can be next. In the words of Martin Luther King, "Injustice anywhere is a threat to justice everywhere."Â
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We are seeing an exodus of our best teachers out to other districts. CCPS' loss is Hanover and Henrico's gain. I know several ex-CCPS teachers who now teach in Hanover, and they claim there is a world of difference. CCPS is awful they say and they had to get out!
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Children with disabilities are the first to be abused and neglected in our schools, but they are not the last. Who is next in CCPS?
Thanks again, Dr. Lucas! We are cheering you on!Â
I very much support your thinking on that topic.