LOWER LAKE ? The mother of a Lower Lake Elementary School (LLES) student is challenging the findings of the Grand Jury in that the Konocti Unified School District (KUSD) did not violate Section 504 of California”s Rehabilitation Act of 1973. Catherine Seames alleges that KUSD failed to properly address and identify the needs of her special education child, which resulted in constant suspensions that prevented her child from receiving educational opportunities afforded him by law.
Seames filed a complaint with the Grand Jury and is alleging findings rendered by such are fraudulent. Seames sought to appeal the findings; however, according to Lake County Superior Court there is no process for doing so. Seames secured a mediation date through the office of administrative hearings in Sacramento, and expects a due process hearing to take place on Sept. 22 in regard to her son”s education.
According to Seames, LLES staff allegedly chose to constantly suspend her child rather than provide him with the educational opportunities set forth in the 504 accommodation plan established.
Seames said that the pattern of disruptive behavior that contributed to her son”s learning disability was identified in kindergarten. However, despite her constant requests, she said the district failed to provide a proper evaluation for identifying a handicap and establishing an Individual Education Plan (IEP).
Seames” son was diagnosed with Attention Deficit Hyperactivity Disorder (ADHD) independently by a Kaiser doctor while the child was in second grade. According to the office of civil rights, diagnosis qualifies a student for services under Section 504 of the Rehabilitation Act of 1973. Definition of ADHD includes “Inability to foresee social consequences of actions, resulting often in recurring patterns of unpremeditated behavioral offenses.” The Grand Jury ruled “Behavioral disorders that result in a child mistreating classmates and school personnel do not constitute a disability.”
Seames said after continuously demanding evaluation for special education services, a 504 accommodation plan was developed in the middle of her son”s third grade year. She said that plan was not followed. KUSD Superintendent Bill MacDougall said that the district did meet the requirements of the 504 plan.
The second objective identified in the 504 plan was to keep her son in school. Minor behavior infractions were to be handled by the classroom teacher and the Social Skills Academy. If his behavior warranted an office referral and possible suspension, Seames was to be called and the school was to work with her to help her son stay in school, if possible. She said remediation efforts identified in the 504 plan such as removing distractions, specific seating placement, use of a reward system, time out plan, providing a quiet study area and other classroom and/or school modifications were not implemented.
Seames said rather than implementing efforts to keep her son in school, staff chose to suspend him on a consistent basis. According to LLES student assertive discipline record, Seames” son was given four days detention on Dec. 7, 2007 for going to the office without permission and refusing to complete the classroom assignment the way the teacher asked him to. “He argued with her and failed to complete the work. (The child) must show proper respect to his teacher and not disrupt the classroom learning time. He will serve four days detention,” the record states.
On Jan. 9, 2008, Seames” son was suspended for one day (in school suspension) for refusing to obey the teacher and talking back. On Feb. 28, 2008, he was disciplined for bouncing a ball, after the recess bell rang. On April 10, 2008 he was brought to the office for not being a responsible student. This incident involved alleged harassment of other students.
On April 17, 2008 Seames” son was sent to the office for disrupting his reading group. “He was mixing up the daily calendar without permission and he pushed another student when that student tried to put the calendar back correctly,” the discipline record states. The records show a continuous pattern of similar behavior throughout the remainder of his third grade year.
According to Seames, her son”s third grade teacher stated during a discussion of the 504 plan that she did not have the time to address her son”s needs and walked out of the meeting.
Seames said that she was forced to relocate her son for his fourth grade year. He was enrolled in the Benicia School District, where he received proper evaluation and instruction. During his fourth grade year, Seames said her son was never suspended; however, he did have early release on “bad days.”
Seames said that the Benicia School District worked with her and her child to provide him with the education he”s afforded by law. She said the staff followed remediation efforts similar to those identified in the 504 accommodation plan developed at LLES.
Grand Jury findings state that parents receive a written copy, annually, of the school”s Section 504 policy. According to Seames and the signed 504 accommodation plan, she did not receive a copy of such policy until she brought a complaint to the Lake County Office of Education. The Grand Jury findings state that in the 2008-2009 school year Seames” son attended three different school districts. She alleges this statement is fraudulent and that her son attended LLES and one site in Benicia. She said several of the 20 findings by the Grand Jury are fraudulent and that they lack documentation for proof as fact.
Contact Denise Rockenstein at drockenstein@clearlakeobserver.com or call her directly at 994-6444, ext. 11.
