RE: problems with schools

[Guest guest]

My child Had self injurious behaviors that were being reinforced by

the district due to their ignorance. He came home with bruises on his

shoulder, back, arm and chest and the Teacher wanted to know why I

filed a grievance. No one touched my child according to the district.

I have a video of all of this and shared it with TEA yet I had

handled everything in a timely manner. This still doesn't erase the

fact that the district wasted 6 years of my child's life and we are

now fighting to catch up so that he might be able to get on level.

While in school he mastered turning door knobs and drinking from a

cup, drinking from a water fountain and this was 50% of the time. I

guess they thought that he was only half a kid so we might as well

abuse the other half.

[Guest guest]

Cliff,

FYI: At a TCASE conference a few years back, the presenters said that

" Sovereign Immunity " (what protects schools and teachers from suits)

does NOT apply in cases of " abuse or gross neglect " . The speakers were

all lawyers.

------------------------------------

Texas Federation of Families

Tonya Hettler

Trainer

spff@...

Route 2 Box 181

Idalou, TX 79329

mobile: 806-544-0347

w-i-n/

------------------------------------

problems with schools

I am going to chat with state senators, legislators about issues I am

having with my school system.

1) my son's leg being broken in the classroom (he was wheelchair bound

from Aug. 28 to Feb.)

2) he was physically dragged to another room for time out and the

teacher turned off the light and she is aware of his fear of the dark.

I am aware of other problems across the state and am collecting names

and brief descriptions of the incidents to provide to Texas legislators

to make them aware of the problem with Texas' school system. Especially

the fact the schools cannot be held accountable for these issues. They

are exempt according to their policy and what lawyers tell me.

I think it is time to change the way the schools are treating our

children and not be held accountable for these abuses.

Please email me your story, if you don't mind me using the information

to try to make our legislators aware of the problems.

Thank you

Cliff Bost

[Guest guest]

Cliff,

Teachers CAN be sued personally for some things because I have a good

friend who personally sued her son's teacher 2 years ago for abuse in the

classroom. Basically, I think that issues related to discipline (the teacher

claimed she asked the physically and mentally affected student to perform a

task she knew he couldn't do and he fell and got a severe concussion which

she then neglected to inform the parent of and didn't pursue medical

attention for the child and he almost died 3 months later from the

" injury " ). Since it was related to a teacher request of a student

(discipline can be defined as any negative OR positive request or directive

from a teacher to a student), this opened her up for the suit.

The judges allowed the suit through all the different levels where it could

have been thrown out...in Tarrant County, where it is VERY conservative

(lots of Republican judges)....the teacher settled it at the last minute

using her union attorney. But, if she hadn't settled, it would have gone to

trial.

So, there are a few slim exceptions to the lack of ability to sue school

personnel.

nna

[Guest guest]

Indeed, individual teachers and school district personnel can be sued.

-'s website has quite a bit of information about this.

http://www.reedmartin.com/gebser.htm In short, you must be able to prove

that your child was disriminated against. You'll first need to write a

Gebser letter.

Here are the steps you must take to file a successful complaint (from

-'s website):

One, to show that you have notified a school person about the problem (we

would suggest the notification be in writing-- so that you can prove the

date of notification, the person who was notified, and what they were

notified about).

Two, you indicate that the school district (or state education agency) is

a recipient of federal financial assistance.

Three, you show that the person you complained to has the authority to

investigate your complaint and has the authority to correct the wrong when

they investigate.

Four, you state what the discriminatory activity against the child was (or

is, if it is still continuing).

Five, you state that the school district exercises control over the site

where the discrimination occurred (or is still occurring) and state that the

school district exercises control over the personnel who committed the

discriminatory acts (or continues to commit them).

Six, you explain that the discrimination was not a single act but was

severe and pervasive.

Seven, you show that the discrimination excluded the student from

continuing their participation in school, or denied the student the benefits

of what the other students in school have access to.

Eight, you indicate to the degree that you can, what you would like the

school to stop doing wrong and/or what you would like the school to start

doing right to stop this harm or to remediate its effects on the child.

Nine, you indicate that the school district or state education agency does

not have the required " grievance procedures " available to you under Section

504 (even if your child is on an IEP under the IDEA) that would allow you

the " prompt and equitable resolution " of your complaint, with the result

that the discrimination continued to harm the child.

Ten, you state that if the recipient of your complaint letter does not

investigate, or that if the recipient of your complaint letter does

investigate but takes no corrective action based on their findings, or takes

action but it is ineffective in ending the discrimination, that you are

entitled to claim that it shows deliberate indifference to the

discrimination which can make the individual liable in a suit for money

damages.

Geraldine

>

> Teachers CAN be sued personally...

[Guest guest]

This is accurate and good advice-follow it to the letter. However, before

you do anything, contact CPS to report the abuse and, contact the President

of the local school board and school principal. Do this by phone and in

writing asking for an investigation and response to your concerns. Then,

explore other alternatives when the time is right. Immunity issues may

still pop up, but that is on the civil law side. For now, this appears to

be a criminal matter.

Peacefully,

Jeff Sell

& Sell, L.L.P.

4309 Yoakum Boulevard, Suite 2000

Houston, Texas 77006

713-874-6444

713-874-6445 (fax)

" Of Counsel "

& Associates

3400 Penthouse Suite

One Center

713-654-7799

713-654-7814 (fax)

JZSell@...

www.JZSLAW.com <http://www.jzslaw.com/>

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From: Geraldine Bliss [mailto:bbliss1@...]

Sent: Thursday, March 18, 2004 7:46 PM

Autism Treatment

Subject: Re: RE: problems with schools

Indeed, individual teachers and school district personnel can be sued.

-'s website has quite a bit of information about this.

http://www.reedmartin.com/gebser.htm In short, you must be able to prove

that your child was disriminated against. You'll first need to write a

Gebser letter.

Here are the steps you must take to file a successful complaint (from

-'s website):

One, to show that you have notified a school person about the problem (we

would suggest the notification be in writing-- so that you can prove the

date of notification, the person who was notified, and what they were

notified about).

Two, you indicate that the school district (or state education agency) is

a recipient of federal financial assistance.

Three, you show that the person you complained to has the authority to

investigate your complaint and has the authority to correct the wrong when

they investigate.

Four, you state what the discriminatory activity against the child was (or

is, if it is still continuing).

Five, you state that the school district exercises control over the site

where the discrimination occurred (or is still occurring) and state that the

school district exercises control over the personnel who committed the

discriminatory acts (or continues to commit them).

Six, you explain that the discrimination was not a single act but was

severe and pervasive.

Seven, you show that the discrimination excluded the student from

continuing their participation in school, or denied the student the benefits

of what the other students in school have access to.

Eight, you indicate to the degree that you can, what you would like the

school to stop doing wrong and/or what you would like the school to start

doing right to stop this harm or to remediate its effects on the child.

Nine, you indicate that the school district or state education agency does

not have the required " grievance procedures " available to you under Section

504 (even if your child is on an IEP under the IDEA) that would allow you

the " prompt and equitable resolution " of your complaint, with the result

that the discrimination continued to harm the child.

Ten, you state that if the recipient of your complaint letter does not

investigate, or that if the recipient of your complaint letter does

investigate but takes no corrective action based on their findings, or takes

action but it is ineffective in ending the discrimination, that you are

entitled to claim that it shows deliberate indifference to the

discrimination which can make the individual liable in a suit for money

damages.

Geraldine

>

> Teachers CAN be sued personally...