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Yes, I have . The OCR does take cases but they do not take many . Your case

must be well documented . You can file on line the Boston Office took mine

that way . I waited 30 days and then they will write you and let you know

if they took the case for resolution. There is no charge to you but it does

cost the district if the OCR intervenes on your child's behalf . The SD most

likely will use their lawyer on this .

Any more questions please feel free to ask . I am not sure why the

Advocate did not explain this for you .

Charlene Etienne

NH

[ ] iep

If the commissioner cannot get the school to comply then the parent

advocate suggested calling the regional office for civil rights....do you

have to pay for that? has anyone had any experience with that? thanks

again, CArol

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  • 6 years later...
Guest guest

Good for you, ! That was a clear violation of Maverick's civil rights.

You may have gotten faster results had you contacted the American Civil

Liberties Union. They deal with this sort of thing all the time. My dearly

departed husband ('s father) was an ACLU attorney. These people never

charge for their services and do good work defending the Bill of Rights. I

do not always agree with them, but I certainly support them in their work.

granny

On Sat, Jun 6, 2009 at 12:14 AM, and FRANK <michdock@...>wrote:

>

>

> Hi all,

> I need to share a " success " story, and I say that with qualifications.

> As most of you know, Maverick has been in band for most of his life. In the

> fall he plays in the marching band and plays at the football games. This

> past fall our HS band was given the opportunity to go to Disneyland and play

> in the parade there. This was particularly neat because we had just been

> there this summer and Mav was enthralled with the HS bands performing there.

> Now, he was to have the opportunity to do the same!

> At first we weren't going to send him. It cost a lot and if went along

> it would cost double. Then, his inclusion aide convinced me... he would be

> with him all the time, this would be his last trip with all his senior

> friends... so we went for it. However, the inclusion aide ended up not going

> on the trip and another aide went along to be with Mav. We trusted her and

> he was comfortable with her so that was not an issue.

> Skipping all the back ground preparation stuff.. Mav went. I got a call the

> 2nd day they were there informing me that the rest of the band was in a

> recording session and Maverick was not being allowed to be with them. I

> contacted the HS and they seemed as surprised as I was. Later that day I got

> a call (from the aide again) informing me that Maverick was not going to be

> allowed to march with the band in the parade the next day. I raised a stink,

> but there wasn't much they could do since they didn't bring his uniform

> along.. they didn't plan on him marching all along. At the end of it all..

> they took a group photo and once again, my son was not allowed to

> participate. This had all been discussed and planned with the band teacher

> and the aide who didn't get to go on the trip.. but never discussed with us!

> We requested a meeting with the staff and the band teacher as soon as they

> got back. The band teacher was always too busy and no one really made an

> effort for the meeting to happened. So, we filed a complaint with the Office

> of Civil Rights. It took a long time by the time they got all the info then

> came down from Colo to interview the school and us and then put all the

> paperwork together, but.. we just got the info this week that they did

> indeed find that the school district was in violation of several regulations

> and did indeed treat Maverick differently because he had a disability.

> The distirct has entered into a Resolution Agreement and they need to make

> some changes within the distirict.

> While I don't enjoy making noise and waves all the time, we really felt we

> needed to step up and do something about this. What they did was way wrong

> but what really bothered us was that no one seemed to take it seriously!

> They are now.

>

>

>

>

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Guest guest

This is a success story - a successful advocacy! and you knew what to do, who to

contact, when the school couldn't be bothered to explain themselves.

 

I would have been just steaming mad, having sent him, and here he didn't even

participate! Wonder how Mav felt about that?

And another thing - the inclusion aide who didn't go on the trip, but knew about

how this would turn out - if he/she had gone, you would have never gotten those

phone calls, maybe not been aware of all Maverick was being left out of. That

sounds like it worked in your favor, after all!

 

Leaving Maverick's name off the senior graduation program, then this - well,

that school will hopefully learn something, even if it is after you're gone!

Patty

From: and FRANK <michdock@...>

Subject: OCR

" " <upsNDowns >

Date: Saturday, June 6, 2009, 1:14 AM

Hi all,

I need to share a " success " story, and I say that with qualifications.

As most of you know, Maverick has been in band for most of his life. In the fall

he plays in the marching band and plays at the football games. This past fall

our HS band was given the opportunity to go to Disneyland and play in the parade

there. This was particularly neat because we had just been there this summer and

Mav was enthralled with the HS bands performing there. Now, he was to have the

opportunity to do the same!

At first we weren't going to send him. It cost a lot and if went along it

would cost double. Then, his inclusion aide convinced me... he would be with him

all the time, this would be his last trip with all his senior friends... so we

went for it. However, the inclusion aide ended up not going on the trip and

another aide went along to be with Mav. We trusted her and he was comfortable

with her so that was not an issue.

Skipping all the back ground preparation stuff.. Mav went. I got a call the 2nd

day they were there informing me that the rest of the band was in a recording

session and Maverick was not being allowed to be with them. I contacted the HS

and they seemed as surprised as I was. Later that day I got a call (from the

aide again) informing me that Maverick was not going to be allowed to march with

the band in the parade the next day. I raised a stink, but there wasn't much

they could do since they didn't bring his uniform along.. they didn't plan on

him marching all along. At the end of it all.. they took a group photo and once

again, my son was not allowed to participate. This had all been discussed and

planned with the band teacher and the aide who didn't get to go on the trip..

but never discussed with us!

We requested a meeting with the staff and the band teacher as soon as they got

back. The band teacher was always too busy and no one really made an effort for

the meeting to happened. So, we filed a complaint with the Office of Civil

Rights. It took a long time by the time they got all the info then came down

from Colo to interview the school and us and then put all the paperwork

together, but.. we just got the info this week that they did indeed find that

the school district was in violation of several regulations and did indeed treat

Maverick differently because he had a disability.

The distirct has entered into a Resolution Agreement and they need to make some

changes within the distirict.

While I don't enjoy making noise and waves all the time, we really felt we

needed to step up and do something about this. What they did was way wrong but

what really bothered us was that no one seemed to take it seriously!

They are now.

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Guest guest

That was just ugly..........and hurtful. You have to be ugly inside to be able

to do something like that.  I'm sorry Maverick didn't get to shine with the

band.

Barb mom to (16ds) and Tyler 13

 

 

From: and FRANK <michdock@...>

Subject: OCR

" " <upsNDowns >

Date: Saturday, June 6, 2009, 1:14 AM

Hi all,

I need to share a " success " story, and I say that with qualifications.

As most of you know, Maverick has been in band for most of his life. In the fall

he plays in the marching band and plays at the football games. This past fall

our HS band was given the opportunity to go to Disneyland and play in the parade

there. This was particularly neat because we had just been there this summer and

Mav was enthralled with the HS bands performing there. Now, he was to have the

opportunity to do the same!

At first we weren't going to send him. It cost a lot and if went along it

would cost double. Then, his inclusion aide convinced me... he would be with him

all the time, this would be his last trip with all his senior friends... so we

went for it. However, the inclusion aide ended up not going on the trip and

another aide went along to be with Mav. We trusted her and he was comfortable

with her so that was not an issue.

Skipping all the back ground preparation stuff.. Mav went. I got a call the 2nd

day they were there informing me that the rest of the band was in a recording

session and Maverick was not being allowed to be with them. I contacted the HS

and they seemed as surprised as I was. Later that day I got a call (from the

aide again) informing me that Maverick was not going to be allowed to march with

the band in the parade the next day. I raised a stink, but there wasn't much

they could do since they didn't bring his uniform along.. they didn't plan on

him marching all along. At the end of it all.. they took a group photo and once

again, my son was not allowed to participate. This had all been discussed and

planned with the band teacher and the aide who didn't get to go on the trip..

but never discussed with us!

We requested a meeting with the staff and the band teacher as soon as they got

back. The band teacher was always too busy and no one really made an effort for

the meeting to happened. So, we filed a complaint with the Office of Civil

Rights. It took a long time by the time they got all the info then came down

from Colo to interview the school and us and then put all the paperwork

together, but.. we just got the info this week that they did indeed find that

the school district was in violation of several regulations and did indeed treat

Maverick differently because he had a disability.

The distirct has entered into a Resolution Agreement and they need to make some

changes within the distirict.

While I don't enjoy making noise and waves all the time, we really felt we

needed to step up and do something about this. What they did was way wrong but

what really bothered us was that no one seemed to take it seriously!

They are now.

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Guest guest

what really bothered us was that no one seemed to take it seriously!

They are now.

And kudos to you guys caue this is the only way to change anything. I

mean REALLY why did they even take him if they planned not to let him

march. It is just insult on to of injury.

I was at a down syndrome group meetring recently where they had a panel

of teachers that included children withDS> One of the mothers during

the night spoke of how she was moving because she had to fight with her

school district (although they ere makng some changes). She asked at

one point late in the evening " Why should I stay and fight and deal

with all the aggravation when I can just move to a district 20 miles

away and not~ " I guess I got a little passionate about the subjectr

and said " You stay and fight because it is the right thing to do. Not

everyone can just cut and run and what happens to the 90% of childrn

who can't.. You stay because the law stsates that your child is

entitled to a FAPE (although there is nothing free about it lol) You

stay because you believe that it is truly the right of every child to

be educated in the LRE. " The moderator stopped me at that point and

said everyone was entitled to their opinion (although most in the

Audience were wholoeheartedly agreeing with me) and I was just stating

my opinion also. I think some people felt uncomfortable because they

c

ut and run and you know I understand that there are some people who

either can't or don't know how to fight but this woman was a YOUNG

articulate woman who just didn't want to put in the effort. I have my

87 year old mom living with me and I am taking care of her, her dog who

is in heart failure and on all kinds of meds, my `14 year old who has

his own teenage issues plus ADHD and Micah. I am NOT young and still I

stay and fight for my child because it is the right thing to do. For

any of you over 50 we are from that generation of young adults who were

determined to change the world aned I still am. as are many of my over

50 counterparts. For me I am going change the world and I am go9ng to

be very vocal while doing it lol!!! So Kudo's wendy for vbeing vocal

and helping to change the world our children live in!!

Loree

OCR

Hi all,

I need to share a " success " story, and I say that with qualifications.

As most of you know, Maverick has been in band for most of his life.

In the fall he plays in the marching band and plays at the football

games. This past fall our HS band was given the opportunity to go to

Disneyland and play in the pa

rade there. This was particularly neat

because we had just been there this summer and Mav was enthralled with

the HS bands performing there. Now, he was to have the opportunity to

do the same!

At first we weren't going to send him. It cost a lot and if went

along it would cost double. Then, his inclusion aide convinced me...

he would be with him all the time, this would be his last trip with all

his senior friends... so we went for it. However, the inclusion aide

ended up not going on the trip and another aide went along to be with

Mav. We trusted her and he was comfortable with her so that was not an

issue.

Skipping all the back ground preparation stuff.. Mav went. I got a

call the 2nd day they were there informing me that the rest of the band

was in a recording session and Maverick was not being allowed to be

with them. I contacted the HS and they seemed as surprised as I was.

Later that day I got a call (from the aide again) informing me that

Maverick was not going to be allowed to march with the band in the

parade the next day. I raised a stink, but there wasn't much they

could do since they didn't bring his uniform along.. they didn't plan

on him marching all along. At the end of it all.. they took a group

photo and once again, my son was not allowed to participate. This had

all been discussed and planned with the b

and teacher and the aide who

didn't get to go on the trip.. but never discussed with us!

We requested a meeting with the staff and the band teacher as soon as

they got back. The band teacher was always too busy and no one really

made an effort for the meeting to happened. So, we filed a complaint

with the Office of Civil Rights. It took a long time by the time they

got all the info then came down from Colo to interview the school and

us and then put all the paperwork together, but.. we just got the info

this week that they did indeed find that the school district was in

violation of several regulations and did indeed treat Maverick

differently because he had a disability.

The distirct has entered into a Resolution Agreement and they need to

make some changes within the distirict.

While I don't enjoy making noise and waves all the time, we really felt

we needed to step up and do something about this. What they did was

way wrong but what really bothered us was that no one seemed to take it

seriously!

They are now.

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Guest guest

,

This incident makes me sick to my stomach. I am glad you handled

it the way you did. If this had happened because he Mav was black,

hispanic, blind, deaf or homosexual the entire community would be in

an uproar and the local paper would have lambasted the school district

ad nauseum.

I attended a conference last year and two of the speakers (one

blind and one with cerebral palsy) both mentioned that disability

rights are this century's Civil Rights Movement. It seems that people

with cognitive disabilities are the last on this list, too. I would

love to put together an anthology of incidents like this, publish it

and send it to representatives like Mc and others

on Congressional Down Syndrome Caucus.

Barb, disgusted about this on the left coast and feeling the need to

make a stink! Mom to , and Sam

On Jun 6, 2009, at 12:28 AM, Gem Bordages wrote:

>

>

> Good for you, ! That was a clear violation of Maverick's civil

> rights.

> You may have gotten faster results had you contacted the American

> Civil

> Liberties Union. They deal with this sort of thing all the time. My

> dearly

> departed husband ('s father) was an ACLU attorney. These

> people never

> charge for their services and do good work defending the Bill of

> Rights. I

> do not always agree with them, but I certainly support them in their

> work.

>

> granny

>

> On Sat, Jun 6, 2009 at 12:14 AM, and FRANK <michdock@...

> >wrote:

>

> >

> >

> > Hi all,

> > I need to share a " success " story, and I say that with

> qualifications.

> > As most of you know, Maverick has been in band for most of his

> life. In the

> > fall he plays in the marching band and plays at the football

> games. This

> > past fall our HS band was given the opportunity to go to

> Disneyland and play

> > in the parade there. This was particularly neat because we had

> just been

> > there this summer and Mav was enthralled with the HS bands

> performing there.

> > Now, he was to have the opportunity to do the same!

> > At first we weren't going to send him. It cost a lot and if

> went along

> > it would cost double. Then, his inclusion aide convinced me... he

> would be

> > with him all the time, this would be his last trip with all his

> senior

> > friends... so we went for it. However, the inclusion aide ended up

> not going

> > on the trip and another aide went along to be with Mav. We trusted

> her and

> > he was comfortable with her so that was not an issue.

> > Skipping all the back ground preparation stuff.. Mav went. I got a

> call the

> > 2nd day they were there informing me that the rest of the band was

> in a

> > recording session and Maverick was not being allowed to be with

> them. I

> > contacted the HS and they seemed as surprised as I was. Later that

> day I got

> > a call (from the aide again) informing me that Maverick was not

> going to be

> > allowed to march with the band in the parade the next day. I

> raised a stink,

> > but there wasn't much they could do since they didn't bring his

> uniform

> > along.. they didn't plan on him marching all along. At the end of

> it all..

> > they took a group photo and once again, my son was not allowed to

> > participate. This had all been discussed and planned with the band

> teacher

> > and the aide who didn't get to go on the trip.. but never

> discussed with us!

> > We requested a meeting with the staff and the band teacher as soon

> as they

> > got back. The band teacher was always too busy and no one really

> made an

> > effort for the meeting to happened. So, we filed a complaint with

> the Office

> > of Civil Rights. It took a long time by the time they got all the

> info then

> > came down from Colo to interview the school and us and then put

> all the

> > paperwork together, but.. we just got the info this week that they

> did

> > indeed find that the school district was in violation of several

> regulations

> > and did indeed treat Maverick differently because he had a

> disability.

> > The distirct has entered into a Resolution Agreement and they need

> to make

> > some changes within the distirict.

> > While I don't enjoy making noise and waves all the time, we really

> felt we

> > needed to step up and do something about this. What they did was

> way wrong

> > but what really bothered us was that no one seemed to take it

> seriously!

> > They are now.

> >

> >

> >

> >

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Guest guest

Hi ,

So happy you had a successful outcome on this but so so sad that a) you

where put in a position to take this course of action and B) that Mav missed

out so much. From what you have written, I don't believe they had any

intention in including him just the 'look at us' aspect of including a

disabled person.

Keep smiling

Jan, mother of Trent 24yo w/Ds from the LandDownUnder

From: [mailto: ] On Behalf

Of and FRANK

Sent: Saturday, 6 June 2009 3:14 PM

Subject: OCR

Hi all,

I need to share a " success " story, and I say that with qualifications.

As most of you know, Maverick has been in band for most of his life. In the

fall he plays in the marching band and plays at the football games. This

past fall our HS band was given the opportunity to go to Disneyland and play

in the parade there. This was particularly neat because we had just been

there this summer and Mav was enthralled with the HS bands performing there.

Now, he was to have the opportunity to do the same!

At first we weren't going to send him. It cost a lot and if went along

it would cost double. Then, his inclusion aide convinced me... he would be

with him all the time, this would be his last trip with all his senior

friends... so we went for it. However, the inclusion aide ended up not going

on the trip and another aide went along to be with Mav. We trusted her and

he was comfortable with her so that was not an issue.

Skipping all the back ground preparation stuff.. Mav went. I got a call the

2nd day they were there informing me that the rest of the band was in a

recording session and Maverick was not being allowed to be with them. I

contacted the HS and they seemed as surprised as I was. Later that day I got

a call (from the aide again) informing me that Maverick was not going to be

allowed to march with the band in the parade the next day. I raised a stink,

but there wasn't much they could do since they didn't bring his uniform

along.. they didn't plan on him marching all along. At the end of it all..

they took a group photo and once again, my son was not allowed to

participate. This had all been discussed and planned with the band teacher

and the aide who didn't get to go on the trip.. but never discussed with us!

We requested a meeting with the staff and the band teacher as soon as they

got back. The band teacher was always too busy and no one really made an

effort for the meeting to happened. So, we filed a complaint with the Office

of Civil Rights. It took a long time by the time they got all the info then

came down from Colo to interview the school and us and then put all the

paperwork together, but.. we just got the info this week that they did

indeed find that the school district was in violation of several regulations

and did indeed treat Maverick differently because he had a disability.

The distirct has entered into a Resolution Agreement and they need to make

some changes within the distirict.

While I don't enjoy making noise and waves all the time, we really felt we

needed to step up and do something about this. What they did was way wrong

but what really bothered us was that no one seemed to take it seriously!

They are now.

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Guest guest

I hate that this happened to Maverick, he certainly had the right to be there

and participate, and I am so proud of your actions.

Sharon H.

Mom to , (17, DS) and , (13)

South Carolina

www.gsdss.net

" Be kinder than necessary, for everyone you meet is fighting some kind of

battle. "

" Life is too short for drama & petty things, so kiss slowly, laugh insanely,

love truly and forgive quickly. "

OCR

Hi all,

I need to share a " success " story, and I say that with qualifications.

As most of you know, Maverick has been in band for most of his life. In the

fall he plays in the marching band and plays at the football games. This past

fall our HS band was given the opportunity to go to Disneyland and play in the

parade there. This was particularly neat because we had just been there this

summer and Mav was enthralled with the HS bands performing there. Now, he was to

have the opportunity to do the same!

At first we weren't going to send him. It cost a lot and if went along it

would cost double. Then, his inclusion aide convinced me... he would be with him

all the time, this would be his last trip with all his senior friends... so we

went for it. However, the inclusion aide ended up not going on the trip and

another aide went along to be with Mav. We trusted her and he was comfortable

with her so that was not an issue.

Skipping all the back ground preparation stuff.. Mav went. I got a call the

2nd day they were there informing me that the rest of the band was in a

recording session and Maverick was not being allowed to be with them. I

contacted the HS and they seemed as surprised as I was. Later that day I got a

call (from the aide again) informing me that Maverick was not going to be

allowed to march with the band in the parade the next day. I raised a stink, but

there wasn't much they could do since they didn't bring his uniform along.. they

didn't plan on him marching all along. At the end of it all.. they took a group

photo and once again, my son was not allowed to participate. This had all been

discussed and planned with the band teacher and the aide who didn't get to go on

the trip.. but never discussed with us!

We requested a meeting with the staff and the band teacher as soon as they got

back. The band teacher was always too busy and no one really made an effort for

the meeting to happened. So, we filed a complaint with the Office of Civil

Rights. It took a long time by the time they got all the info then came down

from Colo to interview the school and us and then put all the paperwork

together, but.. we just got the info this week that they did indeed find that

the school district was in violation of several regulations and did indeed treat

Maverick differently because he had a disability.

The distirct has entered into a Resolution Agreement and they need to make

some changes within the distirict.

While I don't enjoy making noise and waves all the time, we really felt we

needed to step up and do something about this. What they did was way wrong but

what really bothered us was that no one seemed to take it seriously!

They are now.

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