From: Dianna Pharr <dianna.pharr@gmail.com>

Date: September 26, 2008

To: nwellman@eanes.k12.tx.us

Cc: trustees@eanes.k12.tx.us

Subject: Outside of Eanes - the district's intentional exclusion of children with disabilities

September 26, 2008

To: Nola Wellman, Eanes ISD Superintendent

cc:  Eanes ISD Board of Trustees

I remember our conversation, in late 2004, when you informed me of your position that Eanes ISD has no responsibility to accommodate children with disabilities in its summer and holiday programs held at the district.  Specifically, I was advocating on behalf of a child who wanted to attend a sports camp over the winter break offered by the Eanes ISD Community Education program, held at Forest Trail Elementary, and taught by the Forest Trail Elementary school P.E. teachers.   I requested that the Eanes ISD staff work to understand the child's disability and associated needs and then, accommodate so that the child could participate.  You recommended that the parents personally hire an aide at their own expense and then, "if it doesn't work, find another place outside of Eanes." 

I notified you that your position did not comply with the spirit or the law of the ADA.  You shrugged and it was evident that you had made up your mind.   I specifically asked you if you would take this position regardless of the category of disability; you emphatically replied that you would.  

I also notified you that Rick Bentley (then Eanes ISD Community Education Direction) explained to me that Eanes ISD retained private attorneys to structure these programs for children in such a way that the Community Education Program was "legally separate" from Eanes ISD for the specific purpose of removing any legal obligation on the district's part to comply with ADA law.  I have legal invoices that appear to confirm his statements.

I asked you, during our meeting and in writing, to take action so that children with disabilities could participate as part of our school district and community.  You ignored my requests.   As superintendent of Eanes ISD, you have the power and the responsibility to right this wrong.  If you do not act to correct this situation, I believe this indicates intentional indifference by the district and you, personally.  I also notified the Eanes ISD board of trustees and Special Eduction Director/ADA coordinator Cindy Martin in writing and again, received no response whatsoever.  Further, this issue was never added to the board agenda.  I have attached a page from my site, www.keepeanesinformed.com/kidventures.htm, for your review.  

Now, it appears that Eanes ISD and its private attorneys are at it again.  The district is now contracting with Kidventures, a private organization that receives substantial assistance from our public school district, to provide summer and holiday programs.  Kidventures asserts that it has no legal obligation to accommodate children with disabilities.   I am certain the Eanes ISD was aware of the private organization's position before and after contracting with this private provider.  Just as you once explained to me, parents are still expected to hire an aide at their expense and then, if it doesn't work out, find another place for their child outside of Eanes.  Outside of Eanes.  These are district children, district families, Eanes ISD taxpayers.  Unfortunately, this approach not only mirrors the district’s previous policy and practices regarding community education programs but also, more generally the plight of children with disabilities in Eanes ISD.  Clearly, the district is happy to wave goodbye to children who don't fit the Eanes ISD mold and then transfer in their replacements ... carefully screened out-of-district transfers who make the district's easy demographics even easier.   This approach is shameful.

EISD should never allow a business to lease our taxpayer-funded campuses to any entity that discriminates against children with disabilities. I request that the Eanes ISD trustees enact a policy that prohibits the district's Community Education program from entering into a contract with an entity that will not serve Eanes ISD children, regardless of whether or not the child is disabled, at no additional fee.  No child should be refused from an event that is occurring on an EISD campus, whether EISD, Eanes Community Education, or a third party under contract runs that event.

When can we expect this policy to be enacted?  When will the Eanes ISD board and you, as Eanes ISD superintendent, recognize that all children are valuable and should be welcomed and included in our public school district and community?   

Sincerely,

Dianna Pharr

Attachments: (2)

Attachment 1:

2003 - 2006:  CIVIL RIGHTS VIOLATIONS IN EANES ISD?

From: Dianna Pharr [mailto:dpharr@austin.rr.com]

Sent: Friday, April 21, 2006 9:44 AM

To: 'trustees@eanes.k12.tx.us'; 'nwellman@eanes.k12.tx.us'; 'cmartin@eanes.k12.tx.us'

Subject: Inclusion of disabled children in district programs

April 21, 2006

Superintendent Nola Wellman, 

Eanes ISD leaders often talk about the importance of “community”.   This focus is in fact often an important criterion when the board and Eanes ISD administration consider funding decisions and facility use.

I write to you to support the inclusion of disabled children in the Eanes ISD Community Education Program including but not limited to the “Summer Fun” program.  I know that you are aware of my opinion on this issue and I understand that other parents are now working to address this problem with the district as well.

As SECAC president during the 03-04 school year, I worked to resolve this issue within the district.  As I am sure you remember, I also spoke with you and others in the district as well in an attempt to resolve this issue within the district.  I also requested and received related public information. 

I believe that all children, including those with special needs, should be welcomed into the district’s community programs.  I believe that when a service such as “Summer Fun” is included on a child’s IEP, that service should be funded by the school district, not the parent.  The district’s position that parents should fund aides to accompany disabled children to community education programs is inappropriate at best. 

I know that you, Rick Dyer and Cindy Martin believe the district’s legal counsel has researched this issue and believe the district has no obligation to fund the aides or insure that the community education program is accessible to disabled children.  However, I continue to believe that the district should provide and fund support that will allow all children including those with disabilities to participate in district programs including but not limited to the Eanes ISD Community Education program. 

As you rally around the idea of a $5M bond proposal to build an indoor football field/”multipurpose activity center”, I ask that you recognize that all children are valuable and should be welcomed and included in our community. 

Thank you,

Dianna Pharr

 

Attachment 2

2008:  AND THE PROBLEM CONTINUES ...

Attention:  Eanes ISD Parents

Private Camp Providers and Eanes ISD Cannot Discriminate Against Children With Disabilities

You may remember that the KidVenture Camp with whom Eanes ISD has contracted to take over the Summer Fun program told me that my child could not attend unless I provided a full-time aide at my expense because she is in a wheelchair.  

Charging people with disabilities extra fees is specifically disallowed by the Americans With Disabilities Act.   

When I complained about this to Nola Wellman, Cindy Martin, Bill Bechtol and my school principal, I received no response.  I therefore then filed a complaint with the US Dept of Education Office of Civil Rights alleging discrimination against my child on the basis of her disability. 

The OCR has informed me that they have notified Eanes ISD that allowing KidVenture to conduct programs in their facilities while demanding that children with disabilities be required to provide their own aides would indeed be considered "significant assistance" to an organization that discriminates against children based on disability, and would therefore be against the law (agencies such as public schools who receive federal funding cannot provide significant assistance to organizations which discriminate.)  The OCR offered "technical assistance" to Eanes ISD as to how their contract with KidVenture Camp should be worded in the contract between the parties (basically, that KidVenture must adhere to the Americans With Disabilities Act).  I have not seen the contract between Eanes ISD and KidVenture, but I would hope Eanes ISD paid attention to their conference call with lawyers from the Office of Civil Rights.  Because the contract was still being negotiated when I filed my complaint, and OCR was able to offer assistance in writing the anti-discrimination clause, OCR has closed the complaint.  However, our children's rights have been protected and OCR urges me to let them know if I find otherwise.

I wanted all of you to know this, in the event that you want to enroll your children in KidVenture programs this summer.  It is your child's right to attend and they cannot charge you extra just because of disability.  If your child needs an aide, they, not you, have to provide that person.  If any of you have any problems with KidVenture, please let me know so we can inform OCR 

By the way, OCR has jurisdiction over Eanes ISD.  US Dept of Justice has jurisdiction over KidVenture.  Even private camps cannot discriminate based on disability unless they can prove that enrolling the child would fundamentally alter the nature of the program.  So...even private camps cannot require you to provide an aide at your own expense.