Date: September
26, 2008
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.
Cheryl
Fries
