Guest guest Posted October 8, 2010 Report Share Posted October 8, 2010 way to go MOM! jackie Elevator ruling 504 law. Â I wanted to update everyone on the elevator issues that we have been having at our local high school. We went to federal court today 10/7/10 to address this issue under the 504 law. The school has been given until Monday, October 11 th at 9 am to give my daughter an elevator key. This matter is now on record and can be used as case law. I will update everyone as soon as I have the documents. I am not sure how long that will be. The case is D.R vs Antelope Valley Union High School District. Thanks Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 8, 2010 Report Share Posted October 8, 2010 Congratulations!!! That's awesome. From: MommyToJase@... <MommyToJase@...> Subject: Elevator ruling 504 law. Date: Thursday, October 7, 2010, 6:25 PM  I wanted to update everyone on the elevator issues that we have been having at our local high school. We went to federal court today 10/7/10 to address this issue under the 504 law. The school has been given until Monday, October 11 th at 9 am to give my daughter an elevator key. This matter is now on record and can be used as case law. I will update everyone as soon as I have the documents. I am not sure how long that will be. The case is D.R vs Antelope Valley Union High School District. Thanks Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 8, 2010 Report Share Posted October 8, 2010 Good for you! Great Job! Lori From: [mailto: ] On Behalf Of MommyToJase@... Sent: Thursday, October 07, 2010 9:26 PM Subject: Elevator ruling 504 law. I wanted to update everyone on the elevator issues that we have been having at our local high school. We went to federal court today 10/7/10 to address this issue under the 504 law. The school has been given until Monday, October 11 th at 9 am to give my daughter an elevator key. This matter is now on record and can be used as case law. I will update everyone as soon as I have the documents. I am not sure how long that will be. The case is D.R vs Antelope Valley Union High School District. Thanks Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 9, 2010 Report Share Posted October 9, 2010 Since I've NEVER understood the school district's side of this issue, what did they present in court as defense? Congrats, of course. O Elevator ruling 504 law. I wanted to update everyone on the elevator issues that we have been having at our local high school. We went to federal court today 10/7/10 to address this issue under the 504 law. The school has been given until Monday, October 11 th at 9 am to give my daughter an elevator key. This matter is now on record and can be used as case law. I will update everyone as soon as I have the documents. I am not sure how long that will be. The case is D.R vs Antelope Valley Union High School District. Thanks Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 9, 2010 Report Share Posted October 9, 2010 I'm curious about that too. On Oct 8, 2010, at 4:00 PM, Oltmann wrote: > Since I've NEVER understood the school district's side of this issue, what did they present in court as defense? > > Congrats, of course. > > O > > > Elevator ruling 504 law. > > I wanted to update everyone on the elevator issues that we have been having > at our local high school. > > We went to federal court today 10/7/10 to address this issue under the 504 > law. The school has been given until Monday, October 11 th at 9 am to give > my daughter an elevator key. > > This matter is now on record and can be used as case law. I will update > everyone as soon as I have the documents. I am not sure how long that will > be. The case is D.R vs Antelope Valley Union High School District. > > Thanks > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 9, 2010 Report Share Posted October 9, 2010 , and all, They didn't have a defense. The judge asked over and over again what position they were taking and they didn't come up with anything that held water. Of course they had a motion to dismiss on the grounds that they said we were in the wrong court. They tried to say that my daughter was not effected by CMT to the point that she could not use the stairs. They tried to say because she had been seen dancing she could use the stairs. They tried to say that even tho she is in the top 4% of her class she should have been tested for special education and gone through the due process judge. They tried to say that her hands were to weak to use a key. That on Feb 23 she was seen not wearing a sweat shirt or jacket. The judge said the district lacked common sense and had made so many ridiculous allegations that they didn't have any credibility and that they wasted tax payers money. He highly recommended that they be retrained if they thought that my daughter would qualify for special education. He really gave them the smack down. I am anxious to share the ruling with everyone as soon as I get it. Right now I only have the minute ruling which is only three sentences. In a message dated 10/8/2010 4:01:32 P.M. Pacific Daylight Time, joltman1@... writes: Since I've NEVER understood the school district's side of this issue, what did they present in court as defense? Congrats, of course. O Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 9, 2010 Report Share Posted October 9, 2010 , I applaud you for your efforts to obtain fairness for your kids. Gretchen, this achievement deserves to be spotlighted in the national news, just like the situation about the volunteer coach in KC. > > Since I've NEVER understood the school district's side of this issue, what did they present in court as defense? > > Congrats, of course. > > O > > > > > > > > > > > Elevator ruling 504 law. > > > > > I wanted to update everyone on the elevator issues that we have been having > at our local high school. > > We went to federal court today 10/7/10 to address this issue under the 504 > law. The school has been given until Monday, October 11 th at 9 am to give > my daughter an elevator key. > > This matter is now on record and can be used as case law. I will update > everyone as soon as I have the documents. I am not sure how long that will > be. The case is D.R vs Antelope Valley Union High School District. > > Thanks > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 9, 2010 Report Share Posted October 9, 2010 , While I am so sorry that you had to go through this, I am so thankful that you did! What an awesome Mom you are to your daughter, but also to the whole CMT Community and probably many other ability-challenged kids across the country. You are an example to us all! Mark > > I wanted to update everyone on the elevator issues that we have been having at our local high school. > > We went to federal court today 10/7/10 to address this issue under the 504 law. The school has been given until Monday, October 11 th at 9 am to give my daughter an elevator key. > > This matter is now on record and can be used as case law. I will update > everyone as soon as I have the documents. I am not sure how long that will be. The case is D.R vs Antelope Valley Union High School District. > > Thanks > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 9, 2010 Report Share Posted October 9, 2010 The best I can guess is that they don't know the law and practice discrimination. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 9, 2010 Report Share Posted October 9, 2010 Typical. And why did the judge not dismiss the case well before you all came together in court. He would have found out quickly that he had no jurisdiction in the case, as that is the place they start. Did they have an MD who had examined her and who was at least familiar with CMT to say this? I am going to guess they did not. Dancing with whom in what style for how long. Swishing one's top body around feet which are well planted on the floor does not mean one can climb 2 1/2 flights of stairs multiple times per day. Do you mention that descending stairs is problematic and dangerous for her? I love the judges comment. Why would they have not tested her for special ed until NOW? If they had ACTUALLY thought this, she would have been held out of normaL classes until she proved to them she could handle the normal classes. This is utterly ridiculous, as I'll be she carries 1/2 a dozen keys now, and uses them just fine to access her home, for example. Further, I have problems using keys... but you know what? This isn't a problem for many, many people, and thus key holders of various sorts are available to make the key bigger at the user end. In fact, some of these key holders are about the size of a large swiss army knife with a curve. This fits in one's hand like a bicycle handle, with the keys folding out as then blades of the swiss army knife. This gives one an immensely easy time using keys. So? with whom, where, and for how long? I was and am always hot in winter clothes, as people with CMT have to work hard to move around. When I was heavier, going out without a coat was often just fine. Also, people go from house to car to school, which means they don't have to bundle up so much. Further, why should her choice of clothing on one day have any meaning here whatsoever? Actually the lacked the ability to make good decisions about letting handicapped kids use the elevator. I hope you take this to the local news media and the school district board, alleging these cats wasted money and time and embarrassed and made a student, a handicapped student, feel small and rejected and put upon by authorities who should be protecting her and not their elevator policy, which is what this is all about...their policy having to be abridged. I hope you got pictures of the school officials' faces when the judge said that. Please scream this to the whole world for us, . Yours, Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 9, 2010 Report Share Posted October 9, 2010 Hi Everyone, I really hated that the school district put my daughter through all of this discrimination. Its hard not to take it personally when you are treated like an animal. Early on the Principal told my daughter that she needed to be more proactive in finding someone to open the elevator. (It was her job to hunt down staff with a key each and every time she needed to get to class.) Took a federal judge and a small army of supporters but we got that elevator door open! In a message dated 10/9/2010 9:07:36 A.M. Pacific Daylight Time, mrwillis@... writes: , While I am so sorry that you had to go through this, I am so thankful that you did! What an awesome Mom you are to your daughter, but also to the whole CMT Community and probably many other ability-challenged kids across the country. You are an example to us all! Mark > > I wanted to update everyone on the elevator issues that we have been having at our local high school. > > We went to federal court today 10/7/10 to address this issue under the 504 law. The school has been given until Monday, October 11 th at 9 am to give my daughter an elevator key. > > This matter is now on record and can be used as case law. I will update > everyone as soon as I have the documents. I am not sure how long that will be. The case is D.R vs Antelope Valley Union High School District. > > Thanks > > > > > [Non-text portions of this message have been removed] > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 9, 2010 Report Share Posted October 9, 2010 Thanks, Mark I am so glad that it will be helpful for others. I had a fantastic law firm behind my daughter. They won't let a stone go unturned in this case. It's not over yet... In a message dated 10/9/2010 9:07:36 A.M. Pacific Daylight Time, mrwillis@... writes: While I am so sorry that you had to go through this, I am so thankful that you did! What an awesome Mom you are to your daughter, but also to the whole CMT Community and probably many other ability-challenged kids across the country. You are an example to us all! Mark Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 9, 2010 Report Share Posted October 9, 2010 , Can you say AMAZING!!! Way to go! I am so thrilled that you pushed this to the maximum and the win is just the icing on the cake! Congratulations! > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 10, 2010 Report Share Posted October 10, 2010 , How will this principal and assistants and other staff now treat her? Have they been forced to admit she is actually handicapped, something they have denied, as they have not wanted to give ANY student, ANY permission, for fear that they might all then demand access to the elevators? Or is this a case of an egomaniacal administrative jerk, who did not want his decisions reversed and/or reviewed-for-validity and then reversed? Curious, On Oct 9, 2010, at 12:36 PM, MommyToJase@... wrote: > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 10, 2010 Report Share Posted October 10, 2010 The smack down the school district got was the icing on the cake. lol I think the judge had us go in for the ruling just to show my daughter how wrong they had treated her. In a message dated 10/9/2010 5:56:30 P.M. Pacific Daylight Time, phantomsec4@... writes: Can you say AMAZING!!! Way to go! I am so thrilled that you pushed this to the maximum and the win is just the icing on the cake! Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 11, 2010 Report Share Posted October 11, 2010 As a Special Education Assistant, I do not understand the way your daughter has been treated at her school. It is outrageous! We do not keep our elevator locked with a key. I work with a boy in a power wheelchair who uses the elevator, but people who have walking problems use it as well. Kids who are on crutches with broken bones or have had surgery are allowed to use it as well. A girl who is able to walk uses it all the time because otherwise she would be too exhausted from using the stairs. I just want you to know that not all schools are as unfeeling and stubborn as your daughter's school. I don't know what state you are in, I live in Wisconsin, but it shouldn't have to matter where you live. I am so happy justice will be served at last for your daughter! It's sad you had to go to court to get this issue resolved, but I'm glad you did and that you won!! Bonnie Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 12, 2010 Report Share Posted October 12, 2010 Well I hope they treat her good. The Principal didn't show up to work this morning to meet with us. Not a Vice Principal or Assistant Principal in sight. I figured I would sit in the office and wait all day for that key. 45 mins later the Principals receptionist had security give my daughter the key. They still don't want other disabled kids to access the elevator. I am working on that. Won't be long and the flood gates will be open. I think the districts attorney is behind the discrimination. Several years ago the district was sued for discriminating against teen moms. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted October 12, 2010 Report Share Posted October 12, 2010 Hi Bonnie, I think this is the only district that denies access. I can't find any other in the USA. We are in California. Quote Link to comment Share on other sites More sharing options...
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