Re: did you receive a letter from the Broward Country School Board? Plz read

[Guest guest]

I respectfully disagree with you Fred. I believe that Broward County Schools

have been systematically denying ABA and I am happy to have my child's records

reviewed by the defense if it will help their case.

This has been discussed on this forum before, right after the letters went out.

I believe the consensus was in favor of the suite and some even planned to

contact the attorneys and make sure their records were reviewed.

If you are happy with the free and appropriate education your child is receiving

from Broward County Schools I'm happy for you and your child. I think you are in

a large minority.

Poll you might be interested in:

http://health.groups.yahoo.com/group/sList/surveys?id=2907578

Steve Moyer

>

> if you received a letter from the BCSB (Broward County School Board), please

do not take it lightly!

>

> An attorney is suing the school board on behalf of some students with the

claim that they have been deprieved of a free and appropriate education and that

the BCSB is systematic in its deniel of services to children with ASD. He has

been turned down over and over in court and is now working to gain the records

of 5000 children (students and old students) in Broward County in order to show

this pattern of denial and in the hopes of gaining class certification (always

kicks up the attorney's fees). Rather then prove damages to his clients first,

he is requesting the court to force the BCSB to produce these records under few

stipulations:

>

> 1) the records will have the names redacted.

> 2) only the attorney, his staff (secretaries and file room clerks included),

experts, etc. will have access to these records.

> 3) the records will be returned or destroyed after their use.

>

> Sounds fair?

>

> First think of the contents of these records:

>

> They have information on your children. They contain narrative information

recorded during meetings, counselling sessions, appeals, everything! They have

items included that you didn't request to be put there, they have items that you

put there from doctors and other specialists that you never in your wildest

dreams would have been shared for anyone for any purpose except for the benefit

of your child. They contain data on siblings and parents. Anything you gave

the school, it is in there. This record is an entity that can not and should

not be produced. It is private! Just covering the names does not protect the

privacy of our children.

>

> Originally, Defense Counsel sent out a letter with instructions that parents

wishing to avoid the disclosure of their childrens' records needed to submit an

order called a Motion for Protective Order. Once a few of these were filed and

denied, the instructions to the parents changed. The reason for the denials is

1)you have to try to work it out with the other side before filing a motion like

this and 2) a parent cannot appear Pro Se on the behalf of their child unless

they are an attorney. In other words, you have to hire someone to write your

motion and represent your child. That means money out of the pocket of the

already financially and emotionally overtaxed purse of the family with a special

needs child.

>

> You would think that a simple letter to the court saying you want the privacy

of your child protected would suffice in that capacity. Not quite!

>

> Now it looks like a new letter is going to be sent out to parents with

instructions to submit complaints about this gross breach of privacy to the

school board. It almost seems like parents are being deprived of a right to due

process.

>

> Again, please read the letters. Don't file them for later review, they have

deadlines and those deadlines don't give you near enough time to dawdle.

>

> If you want more information, please email me at fredkutell@...

>

> I am not an attorney, I am a parent.

>

[Guest guest]

ok..I am a parent and I am more concerned about the the inabilty of our children to get services especially ABA and the fact that there are NO certified behavior analysts available to address behavioral issues. I welcome someone to look and am thankful that there is a parent and attorney who can take this on...I myself get tired of the fight..my son is almost 16..why is almost impossible to get what you need for your child..and yes there are issues here ....and there is a systematic denial of any request for ABA and verbal behavior..I have been there...so if anyone wants to have an informal chat ..email me off list I am a parent and an attorney..not offfering legal advice but parent to parent exchange of ideas...fear never allows progress to be made..for me bring it on..it is about

time..I have nothing to hide....

To: sList Sent: Tue, February 16, 2010 5:24:07 PMSubject: did you receive a letter from the Broward Country School Board? Plz read

if you received a letter from the BCSB (Broward County School Board), please do not take it lightly! An attorney is suing the school board on behalf of some students with the claim that they have been deprieved of a free and appropriate education and that the BCSB is systematic in its deniel of services to children with ASD. He has been turned down over and over in court and is now working to gain the records of 5000 children (students and old students) in Broward County in order to show this pattern of denial and in the hopes of gaining class certification (always kicks up the attorney's fees). Rather then prove damages to his clients first, he is requesting the court to force the BCSB to produce these records under few stipulations:1) the records will have the names redacted.2) only the attorney, his staff (secretaries and file room clerks included), experts, etc. will have access to these records.3) the records will be

returned or destroyed after their use.Sounds fair? First think of the contents of these records: They have information on your children. They contain narrative information recorded during meetings, counselling sessions, appeals, everything! They have items included that you didn't request to be put there, they have items that you put there from doctors and other specialists that you never in your wildest dreams would have been shared for anyone for any purpose except for the benefit of your child. They contain data on siblings and parents. Anything you gave the school, it is in there. This record is an entity that can not and should not be produced. It is private! Just covering the names does not protect the privacy of our children.Originally, Defense Counsel sent out a letter with instructions that parents wishing to avoid the disclosure of their childrens' records needed to submit an order called a Motion for Protective

Order. Once a few of these were filed and denied, the instructions to the parents changed. The reason for the denials is 1)you have to try to work it out with the other side before filing a motion like this and 2) a parent cannot appear Pro Se on the behalf of their child unless they are an attorney. In other words, you have to hire someone to write your motion and represent your child. That means money out of the pocket of the already financially and emotionally overtaxed purse of the family with a special needs child.You would think that a simple letter to the court saying you want the privacy of your child protected would suffice in that capacity. Not quite!Now it looks like a new letter is going to be sent out to parents with instructions to submit complaints about this gross breach of privacy to the school board. It almost seems like parents are being deprived of a right to due process.Again, please read the letters. Don't

file them for later review, they have deadlines and those deadlines don't give you near enough time to dawdle. If you want more information, please email me at fredkutellyahoo (DOT) com.I am not an attorney, I am a parent.

[Guest guest]

ok..I am a parent and I am more concerned about the the inabilty of our children to get services especially ABA and the fact that there are NO certified behavior analysts available to address behavioral issues. I welcome someone to look and am thankful that there is a parent and attorney who can take this on...I myself get tired of the fight..my son is almost 16..why is almost impossible to get what you need for your child..and yes there are issues here ....and there is a systematic denial of any request for ABA and verbal behavior..I have been there...so if anyone wants to have an informal chat ..email me off list I am a parent and an attorney..not offfering legal advice but parent to parent exchange of ideas...fear never allows progress to be made..for me bring it on..it is about

time..I have nothing to hide....

To: sList Sent: Tue, February 16, 2010 5:24:07 PMSubject: did you receive a letter from the Broward Country School Board? Plz read

if you received a letter from the BCSB (Broward County School Board), please do not take it lightly! An attorney is suing the school board on behalf of some students with the claim that they have been deprieved of a free and appropriate education and that the BCSB is systematic in its deniel of services to children with ASD. He has been turned down over and over in court and is now working to gain the records of 5000 children (students and old students) in Broward County in order to show this pattern of denial and in the hopes of gaining class certification (always kicks up the attorney's fees). Rather then prove damages to his clients first, he is requesting the court to force the BCSB to produce these records under few stipulations:1) the records will have the names redacted.2) only the attorney, his staff (secretaries and file room clerks included), experts, etc. will have access to these records.3) the records will be

returned or destroyed after their use.Sounds fair? First think of the contents of these records: They have information on your children. They contain narrative information recorded during meetings, counselling sessions, appeals, everything! They have items included that you didn't request to be put there, they have items that you put there from doctors and other specialists that you never in your wildest dreams would have been shared for anyone for any purpose except for the benefit of your child. They contain data on siblings and parents. Anything you gave the school, it is in there. This record is an entity that can not and should not be produced. It is private! Just covering the names does not protect the privacy of our children.Originally, Defense Counsel sent out a letter with instructions that parents wishing to avoid the disclosure of their childrens' records needed to submit an order called a Motion for Protective

Order. Once a few of these were filed and denied, the instructions to the parents changed. The reason for the denials is 1)you have to try to work it out with the other side before filing a motion like this and 2) a parent cannot appear Pro Se on the behalf of their child unless they are an attorney. In other words, you have to hire someone to write your motion and represent your child. That means money out of the pocket of the already financially and emotionally overtaxed purse of the family with a special needs child.You would think that a simple letter to the court saying you want the privacy of your child protected would suffice in that capacity. Not quite!Now it looks like a new letter is going to be sent out to parents with instructions to submit complaints about this gross breach of privacy to the school board. It almost seems like parents are being deprived of a right to due process.Again, please read the letters. Don't

file them for later review, they have deadlines and those deadlines don't give you near enough time to dawdle. If you want more information, please email me at fredkutellyahoo (DOT) com.I am not an attorney, I am a parent.

[Guest guest]

ok..I am a parent and I am more concerned about the the inabilty of our children to get services especially ABA and the fact that there are NO certified behavior analysts available to address behavioral issues. I welcome someone to look and am thankful that there is a parent and attorney who can take this on...I myself get tired of the fight..my son is almost 16..why is almost impossible to get what you need for your child..and yes there are issues here ....and there is a systematic denial of any request for ABA and verbal behavior..I have been there...so if anyone wants to have an informal chat ..email me off list I am a parent and an attorney..not offfering legal advice but parent to parent exchange of ideas...fear never allows progress to be made..for me bring it on..it is about

time..I have nothing to hide....

To: sList Sent: Tue, February 16, 2010 5:24:07 PMSubject: did you receive a letter from the Broward Country School Board? Plz read

if you received a letter from the BCSB (Broward County School Board), please do not take it lightly! An attorney is suing the school board on behalf of some students with the claim that they have been deprieved of a free and appropriate education and that the BCSB is systematic in its deniel of services to children with ASD. He has been turned down over and over in court and is now working to gain the records of 5000 children (students and old students) in Broward County in order to show this pattern of denial and in the hopes of gaining class certification (always kicks up the attorney's fees). Rather then prove damages to his clients first, he is requesting the court to force the BCSB to produce these records under few stipulations:1) the records will have the names redacted.2) only the attorney, his staff (secretaries and file room clerks included), experts, etc. will have access to these records.3) the records will be

returned or destroyed after their use.Sounds fair? First think of the contents of these records: They have information on your children. They contain narrative information recorded during meetings, counselling sessions, appeals, everything! They have items included that you didn't request to be put there, they have items that you put there from doctors and other specialists that you never in your wildest dreams would have been shared for anyone for any purpose except for the benefit of your child. They contain data on siblings and parents. Anything you gave the school, it is in there. This record is an entity that can not and should not be produced. It is private! Just covering the names does not protect the privacy of our children.Originally, Defense Counsel sent out a letter with instructions that parents wishing to avoid the disclosure of their childrens' records needed to submit an order called a Motion for Protective

Order. Once a few of these were filed and denied, the instructions to the parents changed. The reason for the denials is 1)you have to try to work it out with the other side before filing a motion like this and 2) a parent cannot appear Pro Se on the behalf of their child unless they are an attorney. In other words, you have to hire someone to write your motion and represent your child. That means money out of the pocket of the already financially and emotionally overtaxed purse of the family with a special needs child.You would think that a simple letter to the court saying you want the privacy of your child protected would suffice in that capacity. Not quite!Now it looks like a new letter is going to be sent out to parents with instructions to submit complaints about this gross breach of privacy to the school board. It almost seems like parents are being deprived of a right to due process.Again, please read the letters. Don't

file them for later review, they have deadlines and those deadlines don't give you near enough time to dawdle. If you want more information, please email me at fredkutellyahoo (DOT) com.I am not an attorney, I am a parent.

[Guest guest]

My question is what is the suit hoping to accomplish? Mandatory ABA for younger children? What benefit does the older kids get? And correct me if I'm wrong but don't these types of suits take years to settle?Sent on the Sprint® Now Network from my BlackBerry®Date: Wed, 17 Feb 2010 16:38:36 -0800 (PST)To: <sList >Subject: Re: did you receive a letter from the Broward Country School Board? Plz read ok..I am a parent and I am more concerned about the the inabilty of our children to get services especially ABA and the fact that there are NO certified behavior analysts available to address behavioral issues. I welcome someone to look and am thankful that there is a parent and attorney who can take this on...I myself get tired of the fight..my son is almost 16..why is almost impossible to get what you need for your child..and yes there are issues here ....and there is a systematic denial of any request for ABA and verbal behavior..I have been there...so if anyone wants to have an informal chat ..email me off list I am a parent and an attorney..not offfering legal advice but parent to parent exchange of ideas...fear never allows progress to be made..for me bring it on..it is abouttime..I have nothing to hide....From: fredkutell <fredkutell>To: sList Sent: Tue, February 16, 2010 5:24:07 PMSubject: did you receive a letter from the Broward Country School Board? Plz read if you received a letter from the BCSB (Broward County School Board), please do not take it lightly! An attorney is suing the school board on behalf of some students with the claim that they have been deprieved of a free and appropriate education and that the BCSB is systematic in its deniel of services to children with ASD. He has been turned down over and over in court and is now working to gain the records of 5000 children (students and old students) in Broward County in order to show this pattern of denial and in the hopes of gaining class certification (always kicks up the attorney's fees). Rather then prove damages to his clients first, he is requesting the court to force the BCSB to produce these records under few stipulations:1) the records will have the names redacted.2) only the attorney, his staff (secretaries and file room clerks included), experts, etc. will have access to these records.3) the records will bereturned or destroyed after their use.Sounds fair? First think of the contents of these records: They have information on your children. They contain narrative information recorded during meetings, counselling sessions, appeals, everything! They have items included that you didn't request to be put there, they have items that you put there from doctors and other specialists that you never in your wildest dreams would have been shared for anyone for any purpose except for the benefit of your child. They contain data on siblings and parents. Anything you gave the school, it is in there. This record is an entity that can not and should not be produced. It is private! Just covering the names does not protect the privacy of our children.Originally, Defense Counsel sent out a letter with instructions that parents wishing to avoid the disclosure of their childrens' records needed to submit an order called a Motion for ProtectiveOrder. Once a few of these were filed and denied, the instructions to the parents changed. The reason for the denials is 1)you have to try to work it out with the other side before filing a motion like this and 2) a parent cannot appear Pro Se on the behalf of their child unless they are an attorney. In other words, you have to hire someone to write your motion and represent your child. That means money out of the pocket of the already financially and emotionally overtaxed purse of the family with a special needs child.You would think that a simple letter to the court saying you want the privacy of your child protected would suffice in that capacity. Not quite!Now it looks like a new letter is going to be sent out to parents with instructions to submit complaints about this gross breach of privacy to the school board. It almost seems like parents are being deprived of a right to due process.Again, please read the letters. Don'tfile them for later review, they have deadlines and those deadlines don't give you near enough time to dawdle. If you want more information, please email me at fredkutellyahoo (DOT) com.I am not an attorney, I am a parent.

[Guest guest]

My question is what is the suit hoping to accomplish? Mandatory ABA for younger children? What benefit does the older kids get? And correct me if I'm wrong but don't these types of suits take years to settle?Sent on the Sprint® Now Network from my BlackBerry®Date: Wed, 17 Feb 2010 16:38:36 -0800 (PST)To: <sList >Subject: Re: did you receive a letter from the Broward Country School Board? Plz read ok..I am a parent and I am more concerned about the the inabilty of our children to get services especially ABA and the fact that there are NO certified behavior analysts available to address behavioral issues. I welcome someone to look and am thankful that there is a parent and attorney who can take this on...I myself get tired of the fight..my son is almost 16..why is almost impossible to get what you need for your child..and yes there are issues here ....and there is a systematic denial of any request for ABA and verbal behavior..I have been there...so if anyone wants to have an informal chat ..email me off list I am a parent and an attorney..not offfering legal advice but parent to parent exchange of ideas...fear never allows progress to be made..for me bring it on..it is abouttime..I have nothing to hide....From: fredkutell <fredkutell>To: sList Sent: Tue, February 16, 2010 5:24:07 PMSubject: did you receive a letter from the Broward Country School Board? Plz read if you received a letter from the BCSB (Broward County School Board), please do not take it lightly! An attorney is suing the school board on behalf of some students with the claim that they have been deprieved of a free and appropriate education and that the BCSB is systematic in its deniel of services to children with ASD. He has been turned down over and over in court and is now working to gain the records of 5000 children (students and old students) in Broward County in order to show this pattern of denial and in the hopes of gaining class certification (always kicks up the attorney's fees). Rather then prove damages to his clients first, he is requesting the court to force the BCSB to produce these records under few stipulations:1) the records will have the names redacted.2) only the attorney, his staff (secretaries and file room clerks included), experts, etc. will have access to these records.3) the records will bereturned or destroyed after their use.Sounds fair? First think of the contents of these records: They have information on your children. They contain narrative information recorded during meetings, counselling sessions, appeals, everything! They have items included that you didn't request to be put there, they have items that you put there from doctors and other specialists that you never in your wildest dreams would have been shared for anyone for any purpose except for the benefit of your child. They contain data on siblings and parents. Anything you gave the school, it is in there. This record is an entity that can not and should not be produced. It is private! Just covering the names does not protect the privacy of our children.Originally, Defense Counsel sent out a letter with instructions that parents wishing to avoid the disclosure of their childrens' records needed to submit an order called a Motion for ProtectiveOrder. Once a few of these were filed and denied, the instructions to the parents changed. The reason for the denials is 1)you have to try to work it out with the other side before filing a motion like this and 2) a parent cannot appear Pro Se on the behalf of their child unless they are an attorney. In other words, you have to hire someone to write your motion and represent your child. That means money out of the pocket of the already financially and emotionally overtaxed purse of the family with a special needs child.You would think that a simple letter to the court saying you want the privacy of your child protected would suffice in that capacity. Not quite!Now it looks like a new letter is going to be sent out to parents with instructions to submit complaints about this gross breach of privacy to the school board. It almost seems like parents are being deprived of a right to due process.Again, please read the letters. Don'tfile them for later review, they have deadlines and those deadlines don't give you near enough time to dawdle. If you want more information, please email me at fredkutellyahoo (DOT) com.I am not an attorney, I am a parent.

[Guest guest]

My question is what is the suit hoping to accomplish? Mandatory ABA for younger children? What benefit does the older kids get? And correct me if I'm wrong but don't these types of suits take years to settle?Sent on the Sprint® Now Network from my BlackBerry®Date: Wed, 17 Feb 2010 16:38:36 -0800 (PST)To: <sList >Subject: Re: did you receive a letter from the Broward Country School Board? Plz read ok..I am a parent and I am more concerned about the the inabilty of our children to get services especially ABA and the fact that there are NO certified behavior analysts available to address behavioral issues. I welcome someone to look and am thankful that there is a parent and attorney who can take this on...I myself get tired of the fight..my son is almost 16..why is almost impossible to get what you need for your child..and yes there are issues here ....and there is a systematic denial of any request for ABA and verbal behavior..I have been there...so if anyone wants to have an informal chat ..email me off list I am a parent and an attorney..not offfering legal advice but parent to parent exchange of ideas...fear never allows progress to be made..for me bring it on..it is abouttime..I have nothing to hide....From: fredkutell <fredkutell>To: sList Sent: Tue, February 16, 2010 5:24:07 PMSubject: did you receive a letter from the Broward Country School Board? Plz read if you received a letter from the BCSB (Broward County School Board), please do not take it lightly! An attorney is suing the school board on behalf of some students with the claim that they have been deprieved of a free and appropriate education and that the BCSB is systematic in its deniel of services to children with ASD. He has been turned down over and over in court and is now working to gain the records of 5000 children (students and old students) in Broward County in order to show this pattern of denial and in the hopes of gaining class certification (always kicks up the attorney's fees). Rather then prove damages to his clients first, he is requesting the court to force the BCSB to produce these records under few stipulations:1) the records will have the names redacted.2) only the attorney, his staff (secretaries and file room clerks included), experts, etc. will have access to these records.3) the records will bereturned or destroyed after their use.Sounds fair? First think of the contents of these records: They have information on your children. They contain narrative information recorded during meetings, counselling sessions, appeals, everything! They have items included that you didn't request to be put there, they have items that you put there from doctors and other specialists that you never in your wildest dreams would have been shared for anyone for any purpose except for the benefit of your child. They contain data on siblings and parents. Anything you gave the school, it is in there. This record is an entity that can not and should not be produced. It is private! Just covering the names does not protect the privacy of our children.Originally, Defense Counsel sent out a letter with instructions that parents wishing to avoid the disclosure of their childrens' records needed to submit an order called a Motion for ProtectiveOrder. Once a few of these were filed and denied, the instructions to the parents changed. The reason for the denials is 1)you have to try to work it out with the other side before filing a motion like this and 2) a parent cannot appear Pro Se on the behalf of their child unless they are an attorney. In other words, you have to hire someone to write your motion and represent your child. That means money out of the pocket of the already financially and emotionally overtaxed purse of the family with a special needs child.You would think that a simple letter to the court saying you want the privacy of your child protected would suffice in that capacity. Not quite!Now it looks like a new letter is going to be sent out to parents with instructions to submit complaints about this gross breach of privacy to the school board. It almost seems like parents are being deprived of a right to due process.Again, please read the letters. Don'tfile them for later review, they have deadlines and those deadlines don't give you near enough time to dawdle. If you want more information, please email me at fredkutellyahoo (DOT) com.I am not an attorney, I am a parent.

[Guest guest]

As the two other parents before me, I also disagree with you, Fred. I happened

to have contacted the main attorney bringing the lawsuit against BCSB, and did

you know that he has 3, not 1, not 2, but 3 children on the spectrum? They are

triplets, and they have been denied ABA time and time again.

I wanted to know if having my child's file would help him or help BC; if it

helped BC, I would've kept them private. But they could help him, and in turn,

help other children get the free and appropriate education (ie, ABA therapy,

which as we all know is the only proven therapy to work for our children, yet we

can't recieve it in the schools! Talk about sounding fair.) they desperately

need.

I told him he could have my daughter's records; I want everyone to know the

hellish nightmare I and my family have gone through. If it gets our kids the

ABA they need, I say march on!

Bartik

Proud mommy to , 4 and autistic

>

> if you received a letter from the BCSB (Broward County School Board), please

do not take it lightly!

>

> An attorney is suing the school board on behalf of some students with the

claim that they have been deprieved of a free and appropriate education and that

the BCSB is systematic in its deniel of services to children with ASD. He has

been turned down over and over in court and is now working to gain the records

of 5000 children (students and old students) in Broward County in order to show

this pattern of denial and in the hopes of gaining class certification (always

kicks up the attorney's fees). Rather then prove damages to his clients first,

he is requesting the court to force the BCSB to produce these records under few

stipulations:

>

> 1) the records will have the names redacted.

> 2) only the attorney, his staff (secretaries and file room clerks included),

experts, etc. will have access to these records.

> 3) the records will be returned or destroyed after their use.

>

> Sounds fair?

>

> First think of the contents of these records:

>

> They have information on your children. They contain narrative information

recorded during meetings, counselling sessions, appeals, everything! They have

items included that you didn't request to be put there, they have items that you

put there from doctors and other specialists that you never in your wildest

dreams would have been shared for anyone for any purpose except for the benefit

of your child. They contain data on siblings and parents. Anything you gave

the school, it is in there. This record is an entity that can not and should

not be produced. It is private! Just covering the names does not protect the

privacy of our children.

>

> Originally, Defense Counsel sent out a letter with instructions that parents

wishing to avoid the disclosure of their childrens' records needed to submit an

order called a Motion for Protective Order. Once a few of these were filed and

denied, the instructions to the parents changed. The reason for the denials is

1)you have to try to work it out with the other side before filing a motion like

this and 2) a parent cannot appear Pro Se on the behalf of their child unless

they are an attorney. In other words, you have to hire someone to write your

motion and represent your child. That means money out of the pocket of the

already financially and emotionally overtaxed purse of the family with a special

needs child.

>

> You would think that a simple letter to the court saying you want the privacy

of your child protected would suffice in that capacity. Not quite!

>

> Now it looks like a new letter is going to be sent out to parents with

instructions to submit complaints about this gross breach of privacy to the

school board. It almost seems like parents are being deprived of a right to due

process.

>

> Again, please read the letters. Don't file them for later review, they have

deadlines and those deadlines don't give you near enough time to dawdle.

>

> If you want more information, please email me at fredkutell@...

>

> I am not an attorney, I am a parent.

>

[Guest guest]

As the two other parents before me, I also disagree with you, Fred. I happened

to have contacted the main attorney bringing the lawsuit against BCSB, and did

you know that he has 3, not 1, not 2, but 3 children on the spectrum? They are

triplets, and they have been denied ABA time and time again.

I wanted to know if having my child's file would help him or help BC; if it

helped BC, I would've kept them private. But they could help him, and in turn,

help other children get the free and appropriate education (ie, ABA therapy,

which as we all know is the only proven therapy to work for our children, yet we

can't recieve it in the schools! Talk about sounding fair.) they desperately

need.

I told him he could have my daughter's records; I want everyone to know the

hellish nightmare I and my family have gone through. If it gets our kids the

ABA they need, I say march on!

Bartik

Proud mommy to , 4 and autistic

>

> if you received a letter from the BCSB (Broward County School Board), please

do not take it lightly!

>

> An attorney is suing the school board on behalf of some students with the

claim that they have been deprieved of a free and appropriate education and that

the BCSB is systematic in its deniel of services to children with ASD. He has

been turned down over and over in court and is now working to gain the records

of 5000 children (students and old students) in Broward County in order to show

this pattern of denial and in the hopes of gaining class certification (always

kicks up the attorney's fees). Rather then prove damages to his clients first,

he is requesting the court to force the BCSB to produce these records under few

stipulations:

>

> 1) the records will have the names redacted.

> 2) only the attorney, his staff (secretaries and file room clerks included),

experts, etc. will have access to these records.

> 3) the records will be returned or destroyed after their use.

>

> Sounds fair?

>

> First think of the contents of these records:

>

> They have information on your children. They contain narrative information

recorded during meetings, counselling sessions, appeals, everything! They have

items included that you didn't request to be put there, they have items that you

put there from doctors and other specialists that you never in your wildest

dreams would have been shared for anyone for any purpose except for the benefit

of your child. They contain data on siblings and parents. Anything you gave

the school, it is in there. This record is an entity that can not and should

not be produced. It is private! Just covering the names does not protect the

privacy of our children.

>

> Originally, Defense Counsel sent out a letter with instructions that parents

wishing to avoid the disclosure of their childrens' records needed to submit an

order called a Motion for Protective Order. Once a few of these were filed and

denied, the instructions to the parents changed. The reason for the denials is

1)you have to try to work it out with the other side before filing a motion like

this and 2) a parent cannot appear Pro Se on the behalf of their child unless

they are an attorney. In other words, you have to hire someone to write your

motion and represent your child. That means money out of the pocket of the

already financially and emotionally overtaxed purse of the family with a special

needs child.

>

> You would think that a simple letter to the court saying you want the privacy

of your child protected would suffice in that capacity. Not quite!

>

> Now it looks like a new letter is going to be sent out to parents with

instructions to submit complaints about this gross breach of privacy to the

school board. It almost seems like parents are being deprived of a right to due

process.

>

> Again, please read the letters. Don't file them for later review, they have

deadlines and those deadlines don't give you near enough time to dawdle.

>

> If you want more information, please email me at fredkutell@...

>

> I am not an attorney, I am a parent.

>

[Guest guest]

No service is mandatory unless it is on an IEP. However, the district has a reponsibility to provide this service to those students who have been evaluated and determined to benefit from them.

did you receive a letter from the Broward Country School Board? Plz read

if you received a letter from the BCSB (Broward County School Board), please do not take it lightly!

An attorney is suing the school board on behalf of some students with the claim that they have been deprieved of a free and appropriate education and that the BCSB is systematic in its deniel of services to children with ASD. He has been turned down over and over in court and is now working to gain the records of 5000 children (students and old students) in Broward County in order to show this pattern of denial and in the hopes of gaining class certification (always kicks up the attorney's fees). Rather then prove damages to his clients first, he is requesting the court to force the BCSB to produce these records under few stipulations:

1) the records will have the names redacted.

2) only the attorney, his staff (secretaries and file room clerks included), experts, etc. will have access to these records.

3) the records will be returned or destroyed after their use.

Sounds fair?

First think of the contents of these records:

They have information on your children. They contain narrative information recorded during meetings, counselling sessions, appeals, everything! They have items included that you didn't request to be put there, they have items that you put there from doctors and other specialists that you never in your wildest dreams would have been shared for anyone for any purpose except for the benefit of your child. They contain data on siblings and parents. Anything you gave the school, it is in there. This record is an entity that can not and should not be produced. It is private! Just covering the names does not protect the privacy of our children.

Originally, Defense Counsel sent out a letter with instructions that parents wishing to avoid the disclosure of their childrens' records needed to submit an order called a Motion for Protective Order. Once a few of these were filed and denied, the instructions to the parents changed. The reason for the denials is 1)you have to try to work it out with the other side before filing a motion like this and 2) a parent cannot appear Pro Se on the behalf of their child unless they are an attorney. In other words, you have to hire someone to write your motion and represent your child. That means money out of the pocket of the already financially and emotionally overtaxed purse of the family with a special needs child.

You would think that a simple letter to the court saying you want the privacy of your child protected would suffice in that capacity. Not quite!

Now it looks like a new letter is going to be sent out to parents with instructions to submit complaints about this gross breach of privacy to the school board. It almost seems like parents are being deprived of a right to due process.

Again, please read the letters. Don't file them for later review, they have deadlines and those deadlines don't give you near enough time to dawdle.

If you want more information, please email me at fredkutellyahoo (DOT) com.

I am not an attorney, I am a parent.

[Guest guest]

No service is mandatory unless it is on an IEP. However, the district has a reponsibility to provide this service to those students who have been evaluated and determined to benefit from them.

did you receive a letter from the Broward Country School Board? Plz read

if you received a letter from the BCSB (Broward County School Board), please do not take it lightly!

An attorney is suing the school board on behalf of some students with the claim that they have been deprieved of a free and appropriate education and that the BCSB is systematic in its deniel of services to children with ASD. He has been turned down over and over in court and is now working to gain the records of 5000 children (students and old students) in Broward County in order to show this pattern of denial and in the hopes of gaining class certification (always kicks up the attorney's fees). Rather then prove damages to his clients first, he is requesting the court to force the BCSB to produce these records under few stipulations:

1) the records will have the names redacted.

2) only the attorney, his staff (secretaries and file room clerks included), experts, etc. will have access to these records.

3) the records will be returned or destroyed after their use.

Sounds fair?

First think of the contents of these records:

They have information on your children. They contain narrative information recorded during meetings, counselling sessions, appeals, everything! They have items included that you didn't request to be put there, they have items that you put there from doctors and other specialists that you never in your wildest dreams would have been shared for anyone for any purpose except for the benefit of your child. They contain data on siblings and parents. Anything you gave the school, it is in there. This record is an entity that can not and should not be produced. It is private! Just covering the names does not protect the privacy of our children.

Originally, Defense Counsel sent out a letter with instructions that parents wishing to avoid the disclosure of their childrens' records needed to submit an order called a Motion for Protective Order. Once a few of these were filed and denied, the instructions to the parents changed. The reason for the denials is 1)you have to try to work it out with the other side before filing a motion like this and 2) a parent cannot appear Pro Se on the behalf of their child unless they are an attorney. In other words, you have to hire someone to write your motion and represent your child. That means money out of the pocket of the already financially and emotionally overtaxed purse of the family with a special needs child.

You would think that a simple letter to the court saying you want the privacy of your child protected would suffice in that capacity. Not quite!

Now it looks like a new letter is going to be sent out to parents with instructions to submit complaints about this gross breach of privacy to the school board. It almost seems like parents are being deprived of a right to due process.

Again, please read the letters. Don't file them for later review, they have deadlines and those deadlines don't give you near enough time to dawdle.

If you want more information, please email me at fredkutellyahoo (DOT) com.

I am not an attorney, I am a parent.

[Guest guest]

No service is mandatory unless it is on an IEP. However, the district has a reponsibility to provide this service to those students who have been evaluated and determined to benefit from them.

did you receive a letter from the Broward Country School Board? Plz read

if you received a letter from the BCSB (Broward County School Board), please do not take it lightly!

An attorney is suing the school board on behalf of some students with the claim that they have been deprieved of a free and appropriate education and that the BCSB is systematic in its deniel of services to children with ASD. He has been turned down over and over in court and is now working to gain the records of 5000 children (students and old students) in Broward County in order to show this pattern of denial and in the hopes of gaining class certification (always kicks up the attorney's fees). Rather then prove damages to his clients first, he is requesting the court to force the BCSB to produce these records under few stipulations:

1) the records will have the names redacted.

2) only the attorney, his staff (secretaries and file room clerks included), experts, etc. will have access to these records.

3) the records will be returned or destroyed after their use.

Sounds fair?

First think of the contents of these records:

They have information on your children. They contain narrative information recorded during meetings, counselling sessions, appeals, everything! They have items included that you didn't request to be put there, they have items that you put there from doctors and other specialists that you never in your wildest dreams would have been shared for anyone for any purpose except for the benefit of your child. They contain data on siblings and parents. Anything you gave the school, it is in there. This record is an entity that can not and should not be produced. It is private! Just covering the names does not protect the privacy of our children.

Originally, Defense Counsel sent out a letter with instructions that parents wishing to avoid the disclosure of their childrens' records needed to submit an order called a Motion for Protective Order. Once a few of these were filed and denied, the instructions to the parents changed. The reason for the denials is 1)you have to try to work it out with the other side before filing a motion like this and 2) a parent cannot appear Pro Se on the behalf of their child unless they are an attorney. In other words, you have to hire someone to write your motion and represent your child. That means money out of the pocket of the already financially and emotionally overtaxed purse of the family with a special needs child.

You would think that a simple letter to the court saying you want the privacy of your child protected would suffice in that capacity. Not quite!

Now it looks like a new letter is going to be sent out to parents with instructions to submit complaints about this gross breach of privacy to the school board. It almost seems like parents are being deprived of a right to due process.

Again, please read the letters. Don't file them for later review, they have deadlines and those deadlines don't give you near enough time to dawdle.

If you want more information, please email me at fredkutellyahoo (DOT) com.

I am not an attorney, I am a parent.

[Guest guest]

Well, I have a question….. I really don’t care who see’s my sons

records, the info is out there and I have nothing to hide. But my sons records

don’t tell the true story when it comes to ABA. He may not get ABA at school

like he should, but he get 10 hours of ABA a week of private services that

school records don’t show. So, therefore does this mean if he shows progress and

ABA is not on the school records, are they going to say that he is making

progress without ABA, and that ABA is not a proven method of treatment? If they

do, it’s a lie. Because without it he would suffer greatly

Mother Warrior to Sam

From:

sList [mailto:sList ] On Behalf

Of ECAC2@...

Sent: Thursday, February 18, 2010 12:50 PM

To: sList

Subject: Re: did you receive a letter from the Broward

Country School Board? Plz read

No service is mandatory unless it is on an IEP.

However, the district has a reponsibility to provide this service to those

students who have been evaluated and determined to benefit from them.

did you receive a letter from the Broward Country

School Board? Plz read

if

you received a letter from the BCSB (Broward County School Board), please do

not take it lightly!

An attorney is suing the school board on behalf of some students with the claim

that they have been deprieved of a free and appropriate education and that the

BCSB is systematic in its deniel of services to children with ASD. He has been

turned down over and over in court and is now working to gain the records of

5000 children (students and old students) in Broward County in order to show

this pattern of denial and in the hopes of gaining class certification (always

kicks up the attorney's fees). Rather then prove damages to his clients first,

he is requesting the court to force the BCSB to produce these records under few

stipulations:

1) the records will have the names redacted.

2) only the attorney, his staff (secretaries and file room clerks included),

experts, etc. will have access to these records.

3) the records will be returned or destroyed after their use.

Sounds fair?

First think of the contents of these records:

They have information on your children. They contain narrative information

recorded during meetings, counselling sessions, appeals, everything! They have

items included that you didn't request to be put there, they have items that

you put there from doctors and other specialists that you never in your wildest

dreams would have been shared for anyone for any purpose except for the benefit

of your child. They contain data on siblings and parents. Anything you gave the

school, it is in there. This record is an entity that can not and should not be

produced. It is private! Just covering the names does not protect the privacy

of our children.

Originally, Defense Counsel sent out a letter with instructions that parents

wishing to avoid the disclosure of their childrens' records needed to submit an

order called a Motion for Protective Order. Once a few of these were filed and

denied, the instructions to the parents changed. The reason for the denials is

1)you have to try to work it out with the other side before filing a motion

like this and 2) a parent cannot appear Pro Se on the behalf of their child

unless they are an attorney. In other words, you have to hire someone to write

your motion and represent your child. That means money out of the pocket of the

already financially and emotionally overtaxed purse of the family with a

special needs child.

You would think that a simple letter to the court saying you want the privacy

of your child protected would suffice in that capacity. Not quite!

Now it looks like a new letter is going to be sent out to parents with

instructions to submit complaints about this gross breach of privacy to the

school board. It almost seems like parents are being deprived of a right to due

process.

Again, please read the letters. Don't file them for later review, they have

deadlines and those deadlines don't give you near enough time to dawdle.

If you want more information, please email me at fredkutellyahoo (DOT) com.

I am not an attorney, I am a parent.

[Guest guest]

Well, I have a question….. I really don’t care who see’s my sons

records, the info is out there and I have nothing to hide. But my sons records

don’t tell the true story when it comes to ABA. He may not get ABA at school

like he should, but he get 10 hours of ABA a week of private services that

school records don’t show. So, therefore does this mean if he shows progress and

ABA is not on the school records, are they going to say that he is making

progress without ABA, and that ABA is not a proven method of treatment? If they

do, it’s a lie. Because without it he would suffer greatly

Mother Warrior to Sam

From:

sList [mailto:sList ] On Behalf

Of ECAC2@...

Sent: Thursday, February 18, 2010 12:50 PM

To: sList

Subject: Re: did you receive a letter from the Broward

Country School Board? Plz read

No service is mandatory unless it is on an IEP.

However, the district has a reponsibility to provide this service to those

students who have been evaluated and determined to benefit from them.

did you receive a letter from the Broward Country

School Board? Plz read

if

you received a letter from the BCSB (Broward County School Board), please do

not take it lightly!

An attorney is suing the school board on behalf of some students with the claim

that they have been deprieved of a free and appropriate education and that the

BCSB is systematic in its deniel of services to children with ASD. He has been

turned down over and over in court and is now working to gain the records of

5000 children (students and old students) in Broward County in order to show

this pattern of denial and in the hopes of gaining class certification (always

kicks up the attorney's fees). Rather then prove damages to his clients first,

he is requesting the court to force the BCSB to produce these records under few

stipulations:

1) the records will have the names redacted.

2) only the attorney, his staff (secretaries and file room clerks included),

experts, etc. will have access to these records.

3) the records will be returned or destroyed after their use.

Sounds fair?

First think of the contents of these records:

They have information on your children. They contain narrative information

recorded during meetings, counselling sessions, appeals, everything! They have

items included that you didn't request to be put there, they have items that

you put there from doctors and other specialists that you never in your wildest

dreams would have been shared for anyone for any purpose except for the benefit

of your child. They contain data on siblings and parents. Anything you gave the

school, it is in there. This record is an entity that can not and should not be

produced. It is private! Just covering the names does not protect the privacy

of our children.

Originally, Defense Counsel sent out a letter with instructions that parents

wishing to avoid the disclosure of their childrens' records needed to submit an

order called a Motion for Protective Order. Once a few of these were filed and

denied, the instructions to the parents changed. The reason for the denials is

1)you have to try to work it out with the other side before filing a motion

like this and 2) a parent cannot appear Pro Se on the behalf of their child

unless they are an attorney. In other words, you have to hire someone to write

your motion and represent your child. That means money out of the pocket of the

already financially and emotionally overtaxed purse of the family with a

special needs child.

You would think that a simple letter to the court saying you want the privacy

of your child protected would suffice in that capacity. Not quite!

Now it looks like a new letter is going to be sent out to parents with

instructions to submit complaints about this gross breach of privacy to the

school board. It almost seems like parents are being deprived of a right to due

process.

Again, please read the letters. Don't file them for later review, they have

deadlines and those deadlines don't give you near enough time to dawdle.

If you want more information, please email me at fredkutellyahoo (DOT) com.

I am not an attorney, I am a parent.

[Guest guest]

Well, I have a question….. I really don’t care who see’s my sons

records, the info is out there and I have nothing to hide. But my sons records

don’t tell the true story when it comes to ABA. He may not get ABA at school

like he should, but he get 10 hours of ABA a week of private services that

school records don’t show. So, therefore does this mean if he shows progress and

ABA is not on the school records, are they going to say that he is making

progress without ABA, and that ABA is not a proven method of treatment? If they

do, it’s a lie. Because without it he would suffer greatly

Mother Warrior to Sam

From:

sList [mailto:sList ] On Behalf

Of ECAC2@...

Sent: Thursday, February 18, 2010 12:50 PM

To: sList

Subject: Re: did you receive a letter from the Broward

Country School Board? Plz read

No service is mandatory unless it is on an IEP.

However, the district has a reponsibility to provide this service to those

students who have been evaluated and determined to benefit from them.

did you receive a letter from the Broward Country

School Board? Plz read

if

you received a letter from the BCSB (Broward County School Board), please do

not take it lightly!

An attorney is suing the school board on behalf of some students with the claim

that they have been deprieved of a free and appropriate education and that the

BCSB is systematic in its deniel of services to children with ASD. He has been

turned down over and over in court and is now working to gain the records of

5000 children (students and old students) in Broward County in order to show

this pattern of denial and in the hopes of gaining class certification (always

kicks up the attorney's fees). Rather then prove damages to his clients first,

he is requesting the court to force the BCSB to produce these records under few

stipulations:

1) the records will have the names redacted.

2) only the attorney, his staff (secretaries and file room clerks included),

experts, etc. will have access to these records.

3) the records will be returned or destroyed after their use.

Sounds fair?

First think of the contents of these records:

They have information on your children. They contain narrative information

recorded during meetings, counselling sessions, appeals, everything! They have

items included that you didn't request to be put there, they have items that

you put there from doctors and other specialists that you never in your wildest

dreams would have been shared for anyone for any purpose except for the benefit

of your child. They contain data on siblings and parents. Anything you gave the

school, it is in there. This record is an entity that can not and should not be

produced. It is private! Just covering the names does not protect the privacy

of our children.

Originally, Defense Counsel sent out a letter with instructions that parents

wishing to avoid the disclosure of their childrens' records needed to submit an

order called a Motion for Protective Order. Once a few of these were filed and

denied, the instructions to the parents changed. The reason for the denials is

1)you have to try to work it out with the other side before filing a motion

like this and 2) a parent cannot appear Pro Se on the behalf of their child

unless they are an attorney. In other words, you have to hire someone to write

your motion and represent your child. That means money out of the pocket of the

already financially and emotionally overtaxed purse of the family with a

special needs child.

You would think that a simple letter to the court saying you want the privacy

of your child protected would suffice in that capacity. Not quite!

Now it looks like a new letter is going to be sent out to parents with

instructions to submit complaints about this gross breach of privacy to the

school board. It almost seems like parents are being deprived of a right to due

process.

Again, please read the letters. Don't file them for later review, they have

deadlines and those deadlines don't give you near enough time to dawdle.

If you want more information, please email me at fredkutellyahoo (DOT) com.

I am not an attorney, I am a parent.

[Guest guest]

I think what the suit is trying to accomplish is the availability

of appropriate services for children on the spectrum, namely ABA. The only

thing mandatory is the IEP should reflect the individual needs of the child

which for all practical reasons is ABA. If an older child needs ABA, he should

get it. Presently a child on the spectrum or not on the spectrum cannot request

ABA and get it written into his IEP and therefore the service is not available.

If anyone doesn't think ABA is not systematically denied at the

school district, then find me a number above zero that represents the number

presently receiving it.

From:

sList [mailto:sList ] On Behalf

Of meandmyraingirl@...

Sent: Thursday, February 18, 2010 8:45 AM

To: sList

Subject: Re: did you receive a letter from the Broward

Country School Board? Plz read

My question is what is the suit hoping to accomplish? Mandatory ABA for

younger children? What benefit does the older kids get? And correct me if I'm

wrong but don't these types of suits take years to settle?

Sent on the Sprint® Now Network from my BlackBerry®

Date: Wed, 17 Feb 2010 16:38:36 -0800 (PST)

To: <sList >

Subject: Re: did you receive a letter

from the Broward Country School Board? Plz read

ok..I am a parent and I am more concerned about the the

inabilty of our children to get services especially ABA and the fact that there

are NO certified behavior analysts available to address behavioral

issues. I welcome someone to look and am thankful that there is a parent

and attorney who can take this on...I myself get tired of the fight..my son is

almost 16..why is almost impossible to get what you need for your child..and

yes there are issues here ....and there is a systematic denial of any request

for ABA and verbal behavior..I have been there...so if anyone wants to have an

informal chat ..email me off list I am a parent and an attorney..not offfering

legal advice but parent to parent exchange of ideas...fear never allows

progress to be made..for me bring it on..it is about time..I have nothing to

hide....

From: fredkutell

To: sList

Sent: Tue, February 16, 2010 5:24:07 PM

Subject: did you receive a letter from the Broward Country

School Board? Plz read

if you received a letter from the BCSB (Broward

County School Board), please do not take it lightly!

An attorney is suing the school board on behalf of some students with the claim

that they have been deprieved of a free and appropriate education and that the

BCSB is systematic in its deniel of services to children with ASD. He has been

turned down over and over in court and is now working to gain the records of

5000 children (students and old students) in Broward County in order to show

this pattern of denial and in the hopes of gaining class certification (always

kicks up the attorney's fees). Rather then prove damages to his clients first,

he is requesting the court to force the BCSB to produce these records under few

stipulations:

1) the records will have the names redacted.

2) only the attorney, his staff (secretaries and file room clerks included),

experts, etc. will have access to these records.

3) the records will be returned or destroyed after their use.

Sounds fair?

First think of the contents of these records:

They have information on your children. They contain narrative information

recorded during meetings, counselling sessions, appeals, everything! They have

items included that you didn't request to be put there, they have items that

you put there from doctors and other specialists that you never in your wildest

dreams would have been shared for anyone for any purpose except for the benefit

of your child. They contain data on siblings and parents. Anything you gave the

school, it is in there. This record is an entity that can not and should not be

produced. It is private! Just covering the names does not protect the privacy

of our children.

Originally, Defense Counsel sent out a letter with instructions that parents

wishing to avoid the disclosure of their childrens' records needed to submit an

order called a Motion for Protective Order. Once a few of these were filed and

denied, the instructions to the parents changed. The reason for the denials is

1)you have to try to work it out with the other side before filing a motion

like this and 2) a parent cannot appear Pro Se on the behalf of their child

unless they are an attorney. In other words, you have to hire someone to write

your motion and represent your child. That means money out of the pocket of the

already financially and emotionally overtaxed purse of the family with a

special needs child.

You would think that a simple letter to the court saying you want the privacy

of your child protected would suffice in that capacity. Not quite!

Now it looks like a new letter is going to be sent out to parents with

instructions to submit complaints about this gross breach of privacy to the

school board. It almost seems like parents are being deprived of a right to due

process.

Again, please read the letters. Don't file them for later review, they have

deadlines and those deadlines don't give you near enough time to dawdle.

If you want more information, please email me at fredkutellyahoo (DOT) com.

I am not an attorney, I am a parent.

[Guest guest]

I think what the suit is trying to accomplish is the availability

of appropriate services for children on the spectrum, namely ABA. The only

thing mandatory is the IEP should reflect the individual needs of the child

which for all practical reasons is ABA. If an older child needs ABA, he should

get it. Presently a child on the spectrum or not on the spectrum cannot request

ABA and get it written into his IEP and therefore the service is not available.

If anyone doesn't think ABA is not systematically denied at the

school district, then find me a number above zero that represents the number

presently receiving it.

From:

sList [mailto:sList ] On Behalf

Of meandmyraingirl@...

Sent: Thursday, February 18, 2010 8:45 AM

To: sList

Subject: Re: did you receive a letter from the Broward

Country School Board? Plz read

My question is what is the suit hoping to accomplish? Mandatory ABA for

younger children? What benefit does the older kids get? And correct me if I'm

wrong but don't these types of suits take years to settle?

Sent on the Sprint® Now Network from my BlackBerry®

Date: Wed, 17 Feb 2010 16:38:36 -0800 (PST)

To: <sList >

Subject: Re: did you receive a letter

from the Broward Country School Board? Plz read

ok..I am a parent and I am more concerned about the the

inabilty of our children to get services especially ABA and the fact that there

are NO certified behavior analysts available to address behavioral

issues. I welcome someone to look and am thankful that there is a parent

and attorney who can take this on...I myself get tired of the fight..my son is

almost 16..why is almost impossible to get what you need for your child..and

yes there are issues here ....and there is a systematic denial of any request

for ABA and verbal behavior..I have been there...so if anyone wants to have an

informal chat ..email me off list I am a parent and an attorney..not offfering

legal advice but parent to parent exchange of ideas...fear never allows

progress to be made..for me bring it on..it is about time..I have nothing to

hide....

From: fredkutell

To: sList

Sent: Tue, February 16, 2010 5:24:07 PM

Subject: did you receive a letter from the Broward Country

School Board? Plz read

if you received a letter from the BCSB (Broward

County School Board), please do not take it lightly!

An attorney is suing the school board on behalf of some students with the claim

that they have been deprieved of a free and appropriate education and that the

BCSB is systematic in its deniel of services to children with ASD. He has been

turned down over and over in court and is now working to gain the records of

5000 children (students and old students) in Broward County in order to show

this pattern of denial and in the hopes of gaining class certification (always

kicks up the attorney's fees). Rather then prove damages to his clients first,

he is requesting the court to force the BCSB to produce these records under few

stipulations:

1) the records will have the names redacted.

2) only the attorney, his staff (secretaries and file room clerks included),

experts, etc. will have access to these records.

3) the records will be returned or destroyed after their use.

Sounds fair?

First think of the contents of these records:

They have information on your children. They contain narrative information

recorded during meetings, counselling sessions, appeals, everything! They have

items included that you didn't request to be put there, they have items that

you put there from doctors and other specialists that you never in your wildest

dreams would have been shared for anyone for any purpose except for the benefit

of your child. They contain data on siblings and parents. Anything you gave the

school, it is in there. This record is an entity that can not and should not be

produced. It is private! Just covering the names does not protect the privacy

of our children.

Originally, Defense Counsel sent out a letter with instructions that parents

wishing to avoid the disclosure of their childrens' records needed to submit an

order called a Motion for Protective Order. Once a few of these were filed and

denied, the instructions to the parents changed. The reason for the denials is

1)you have to try to work it out with the other side before filing a motion

like this and 2) a parent cannot appear Pro Se on the behalf of their child

unless they are an attorney. In other words, you have to hire someone to write

your motion and represent your child. That means money out of the pocket of the

already financially and emotionally overtaxed purse of the family with a

special needs child.

You would think that a simple letter to the court saying you want the privacy

of your child protected would suffice in that capacity. Not quite!

Now it looks like a new letter is going to be sent out to parents with

instructions to submit complaints about this gross breach of privacy to the

school board. It almost seems like parents are being deprived of a right to due

process.

Again, please read the letters. Don't file them for later review, they have

deadlines and those deadlines don't give you near enough time to dawdle.

If you want more information, please email me at fredkutellyahoo (DOT) com.

I am not an attorney, I am a parent.

[Guest guest]

I think what the suit is trying to accomplish is the availability

of appropriate services for children on the spectrum, namely ABA. The only

thing mandatory is the IEP should reflect the individual needs of the child

which for all practical reasons is ABA. If an older child needs ABA, he should

get it. Presently a child on the spectrum or not on the spectrum cannot request

ABA and get it written into his IEP and therefore the service is not available.

If anyone doesn't think ABA is not systematically denied at the

school district, then find me a number above zero that represents the number

presently receiving it.

From:

sList [mailto:sList ] On Behalf

Of meandmyraingirl@...

Sent: Thursday, February 18, 2010 8:45 AM

To: sList

Subject: Re: did you receive a letter from the Broward

Country School Board? Plz read

My question is what is the suit hoping to accomplish? Mandatory ABA for

younger children? What benefit does the older kids get? And correct me if I'm

wrong but don't these types of suits take years to settle?

Sent on the Sprint® Now Network from my BlackBerry®

Date: Wed, 17 Feb 2010 16:38:36 -0800 (PST)

To: <sList >

Subject: Re: did you receive a letter

from the Broward Country School Board? Plz read

ok..I am a parent and I am more concerned about the the

inabilty of our children to get services especially ABA and the fact that there

are NO certified behavior analysts available to address behavioral

issues. I welcome someone to look and am thankful that there is a parent

and attorney who can take this on...I myself get tired of the fight..my son is

almost 16..why is almost impossible to get what you need for your child..and

yes there are issues here ....and there is a systematic denial of any request

for ABA and verbal behavior..I have been there...so if anyone wants to have an

informal chat ..email me off list I am a parent and an attorney..not offfering

legal advice but parent to parent exchange of ideas...fear never allows

progress to be made..for me bring it on..it is about time..I have nothing to

hide....

From: fredkutell

To: sList

Sent: Tue, February 16, 2010 5:24:07 PM

Subject: did you receive a letter from the Broward Country

School Board? Plz read

if you received a letter from the BCSB (Broward

County School Board), please do not take it lightly!

An attorney is suing the school board on behalf of some students with the claim

that they have been deprieved of a free and appropriate education and that the

BCSB is systematic in its deniel of services to children with ASD. He has been

turned down over and over in court and is now working to gain the records of

5000 children (students and old students) in Broward County in order to show

this pattern of denial and in the hopes of gaining class certification (always

kicks up the attorney's fees). Rather then prove damages to his clients first,

he is requesting the court to force the BCSB to produce these records under few

stipulations:

1) the records will have the names redacted.

2) only the attorney, his staff (secretaries and file room clerks included),

experts, etc. will have access to these records.

3) the records will be returned or destroyed after their use.

Sounds fair?

First think of the contents of these records:

They have information on your children. They contain narrative information

recorded during meetings, counselling sessions, appeals, everything! They have

items included that you didn't request to be put there, they have items that

you put there from doctors and other specialists that you never in your wildest

dreams would have been shared for anyone for any purpose except for the benefit

of your child. They contain data on siblings and parents. Anything you gave the

school, it is in there. This record is an entity that can not and should not be

produced. It is private! Just covering the names does not protect the privacy

of our children.

Originally, Defense Counsel sent out a letter with instructions that parents

wishing to avoid the disclosure of their childrens' records needed to submit an

order called a Motion for Protective Order. Once a few of these were filed and

denied, the instructions to the parents changed. The reason for the denials is

1)you have to try to work it out with the other side before filing a motion

like this and 2) a parent cannot appear Pro Se on the behalf of their child

unless they are an attorney. In other words, you have to hire someone to write

your motion and represent your child. That means money out of the pocket of the

already financially and emotionally overtaxed purse of the family with a

special needs child.

You would think that a simple letter to the court saying you want the privacy

of your child protected would suffice in that capacity. Not quite!

Now it looks like a new letter is going to be sent out to parents with

instructions to submit complaints about this gross breach of privacy to the

school board. It almost seems like parents are being deprived of a right to due

process.

Again, please read the letters. Don't file them for later review, they have

deadlines and those deadlines don't give you near enough time to dawdle.

If you want more information, please email me at fredkutellyahoo (DOT) com.

I am not an attorney, I am a parent.

[Guest guest]

there is no quick fix for anything..my son is almost 16 and I continue to fight for services..mandatory ABA would not be a bad thing.included in the cirriculum and not as a secondary service....even if it for younger children..maybe my son would get specialized ABA pragmatics and verbal behavior..and it is not just what I get but where the community is headed..each generation paves the way for the next..the wee ones today have more than my son did...and he had more than the group before him..and if it takes years that is ok..nothing changes quickly ..and this is a process that takes time..and I know time is fleeting when you begin interventions but you have to start somewhere.

To: sList Sent: Thu, February 18, 2010 12:49:56 PMSubject: Re: did you receive a letter from the Broward Country School Board? Plz read

No service is mandatory unless it is on an IEP. However, the district has a reponsibility to provide this service to those students who have been evaluated and determined to benefit from them.

did you receive a letter from the Broward Country School Board? Plz read

if you received a letter from the BCSB (Broward County School Board), please do not take it lightly! An attorney is suing the school board on behalf of some students with the claim that they have been deprieved of a free and appropriate education and that the BCSB is systematic in its deniel of services to children with ASD. He has been turned down over and over in court and is now working to gain the records of 5000 children (students and old students) in Broward County in order to show this pattern of denial and in the hopes of gaining class certification (always kicks up the attorney's fees). Rather then prove damages to his clients first, he is requesting the court to force the BCSB to produce these records under few stipulations:1) the records will have the names redacted.2) only the attorney, his staff (secretaries and file room clerks included), experts, etc. will have access to these records.3) the records will be

returned or destroyed after their use.Sounds fair? First think of the contents of these records: They have information on your children. They contain narrative information recorded during meetings, counselling sessions, appeals, everything! They have items included that you didn't request to be put there, they have items that you put there from doctors and other specialists that you never in your wildest dreams would have been shared for anyone for any purpose except for the benefit of your child. They contain data on siblings and parents. Anything you gave the school, it is in there. This record is an entity that can not and should not be produced. It is private! Just covering the names does not protect the privacy of our children.Originally, Defense Counsel sent out a letter with instructions that parents wishing to avoid the disclosure of their childrens' records needed to submit an order called a Motion for Protective

Order. Once a few of these were filed and denied, the instructions to the parents changed. The reason for the denials is 1)you have to try to work it out with the other side before filing a motion like this and 2) a parent cannot appear Pro Se on the behalf of their child unless they are an attorney. In other words, you have to hire someone to write your motion and represent your child. That means money out of the pocket of the already financially and emotionally overtaxed purse of the family with a special needs child.You would think that a simple letter to the court saying you want the privacy of your child protected would suffice in that capacity. Not quite!Now it looks like a new letter is going to be sent out to parents with instructions to submit complaints about this gross breach of privacy to the school board. It almost seems like parents are being deprived of a right to due process.Again, please read the letters. Don't

file them for later review, they have deadlines and those deadlines don't give you near enough time to dawdle. If you want more information, please email me at fredkutellyahoo (DOT) com.I am not an attorney, I am a parent.

[Guest guest]

there is no quick fix for anything..my son is almost 16 and I continue to fight for services..mandatory ABA would not be a bad thing.included in the cirriculum and not as a secondary service....even if it for younger children..maybe my son would get specialized ABA pragmatics and verbal behavior..and it is not just what I get but where the community is headed..each generation paves the way for the next..the wee ones today have more than my son did...and he had more than the group before him..and if it takes years that is ok..nothing changes quickly ..and this is a process that takes time..and I know time is fleeting when you begin interventions but you have to start somewhere.

To: sList Sent: Thu, February 18, 2010 12:49:56 PMSubject: Re: did you receive a letter from the Broward Country School Board? Plz read

No service is mandatory unless it is on an IEP. However, the district has a reponsibility to provide this service to those students who have been evaluated and determined to benefit from them.

did you receive a letter from the Broward Country School Board? Plz read

if you received a letter from the BCSB (Broward County School Board), please do not take it lightly! An attorney is suing the school board on behalf of some students with the claim that they have been deprieved of a free and appropriate education and that the BCSB is systematic in its deniel of services to children with ASD. He has been turned down over and over in court and is now working to gain the records of 5000 children (students and old students) in Broward County in order to show this pattern of denial and in the hopes of gaining class certification (always kicks up the attorney's fees). Rather then prove damages to his clients first, he is requesting the court to force the BCSB to produce these records under few stipulations:1) the records will have the names redacted.2) only the attorney, his staff (secretaries and file room clerks included), experts, etc. will have access to these records.3) the records will be

returned or destroyed after their use.Sounds fair? First think of the contents of these records: They have information on your children. They contain narrative information recorded during meetings, counselling sessions, appeals, everything! They have items included that you didn't request to be put there, they have items that you put there from doctors and other specialists that you never in your wildest dreams would have been shared for anyone for any purpose except for the benefit of your child. They contain data on siblings and parents. Anything you gave the school, it is in there. This record is an entity that can not and should not be produced. It is private! Just covering the names does not protect the privacy of our children.Originally, Defense Counsel sent out a letter with instructions that parents wishing to avoid the disclosure of their childrens' records needed to submit an order called a Motion for Protective

Order. Once a few of these were filed and denied, the instructions to the parents changed. The reason for the denials is 1)you have to try to work it out with the other side before filing a motion like this and 2) a parent cannot appear Pro Se on the behalf of their child unless they are an attorney. In other words, you have to hire someone to write your motion and represent your child. That means money out of the pocket of the already financially and emotionally overtaxed purse of the family with a special needs child.You would think that a simple letter to the court saying you want the privacy of your child protected would suffice in that capacity. Not quite!Now it looks like a new letter is going to be sent out to parents with instructions to submit complaints about this gross breach of privacy to the school board. It almost seems like parents are being deprived of a right to due process.Again, please read the letters. Don't

file them for later review, they have deadlines and those deadlines don't give you near enough time to dawdle. If you want more information, please email me at fredkutellyahoo (DOT) com.I am not an attorney, I am a parent.

[Guest guest]

there is no quick fix for anything..my son is almost 16 and I continue to fight for services..mandatory ABA would not be a bad thing.included in the cirriculum and not as a secondary service....even if it for younger children..maybe my son would get specialized ABA pragmatics and verbal behavior..and it is not just what I get but where the community is headed..each generation paves the way for the next..the wee ones today have more than my son did...and he had more than the group before him..and if it takes years that is ok..nothing changes quickly ..and this is a process that takes time..and I know time is fleeting when you begin interventions but you have to start somewhere.

To: sList Sent: Thu, February 18, 2010 12:49:56 PMSubject: Re: did you receive a letter from the Broward Country School Board? Plz read

No service is mandatory unless it is on an IEP. However, the district has a reponsibility to provide this service to those students who have been evaluated and determined to benefit from them.

did you receive a letter from the Broward Country School Board? Plz read

if you received a letter from the BCSB (Broward County School Board), please do not take it lightly! An attorney is suing the school board on behalf of some students with the claim that they have been deprieved of a free and appropriate education and that the BCSB is systematic in its deniel of services to children with ASD. He has been turned down over and over in court and is now working to gain the records of 5000 children (students and old students) in Broward County in order to show this pattern of denial and in the hopes of gaining class certification (always kicks up the attorney's fees). Rather then prove damages to his clients first, he is requesting the court to force the BCSB to produce these records under few stipulations:1) the records will have the names redacted.2) only the attorney, his staff (secretaries and file room clerks included), experts, etc. will have access to these records.3) the records will be

returned or destroyed after their use.Sounds fair? First think of the contents of these records: They have information on your children. They contain narrative information recorded during meetings, counselling sessions, appeals, everything! They have items included that you didn't request to be put there, they have items that you put there from doctors and other specialists that you never in your wildest dreams would have been shared for anyone for any purpose except for the benefit of your child. They contain data on siblings and parents. Anything you gave the school, it is in there. This record is an entity that can not and should not be produced. It is private! Just covering the names does not protect the privacy of our children.Originally, Defense Counsel sent out a letter with instructions that parents wishing to avoid the disclosure of their childrens' records needed to submit an order called a Motion for Protective

Order. Once a few of these were filed and denied, the instructions to the parents changed. The reason for the denials is 1)you have to try to work it out with the other side before filing a motion like this and 2) a parent cannot appear Pro Se on the behalf of their child unless they are an attorney. In other words, you have to hire someone to write your motion and represent your child. That means money out of the pocket of the already financially and emotionally overtaxed purse of the family with a special needs child.You would think that a simple letter to the court saying you want the privacy of your child protected would suffice in that capacity. Not quite!Now it looks like a new letter is going to be sent out to parents with instructions to submit complaints about this gross breach of privacy to the school board. It almost seems like parents are being deprived of a right to due process.Again, please read the letters. Don't

file them for later review, they have deadlines and those deadlines don't give you near enough time to dawdle. If you want more information, please email me at fredkutellyahoo (DOT) com.I am not an attorney, I am a parent.

[Guest guest]

The attorney that has filed suit is also a parent of 3 autistic children. So it is not just some attorney suing on behalf of some children. They are his children. If you have any doubts, fears, questions, just call him. I did. I left a message and he called me back that afternoon and talked for quite a while. My daughter is 16 so things were different "back then". But she was denied so many things. If something like this can change things for our children, I am happy to help.

did you receive a letter from the Broward Country School Board? Plz read

if you received a letter from the BCSB (Broward County School Board), please do not take it lightly!

An attorney is suing the school board on behalf of some students with the claim that they have been deprieved of a free and appropriate education and that the BCSB is systematic in its deniel of services to children with ASD. He has been turned down over and over in court and is now working to gain the records of 5000 children (students and old students) in Broward County in order to show this pattern of denial and in the hopes of gaining class certification (always kicks up the attorney's fees). Rather then prove damages to his clients first, he is requesting the court to force the BCSB to produce these records under few stipulations:

1) the records will have the names redacted.

2) only the attorney, his staff (secretaries and file room clerks included), experts, etc. will have access to these records.

3) the records will be returned or destroyed after their use.

Sounds fair?

First think of the contents of these records:

They have information on your children. They contain narrative information recorded during meetings, counselling sessions, appeals, everything! They have items included that you didn't request to be put there, they have items that you put there from doctors and other specialists that you never in your wildest dreams would have been shared for anyone for any purpose except for the benefit of your child. They contain data on siblings and parents. Anything you gave the school, it is in there. This record is an entity that can not and should not be produced. It is private! Just covering the names does not protect the privacy of our children.

Originally, Defense Counsel sent out a letter with instructions that parents wishing to avoid the disclosure of their childrens' records needed to submit an order called a Motion for Protective Order. Once a few of these were filed and denied, the instructions to the parents changed. The reason for the denials is 1)you have to try to work it out with the other side before filing a motion like this and 2) a parent cannot appear Pro Se on the behalf of their child unless they are an attorney. In other words, you have to hire someone to write your motion and represent your child. That means money out of the pocket of the already financially and emotionally overtaxed purse of the family with a special needs child.

You would think that a simple letter to the court saying you want the privacy of your child protected would suffice in that capacity. Not quite!

Now it looks like a new letter is going to be sent out to parents with instructions to submit complaints about this gross breach of privacy to the school board. It almost seems like parents are being deprived of a right to due process.

Again, please read the letters. Don't file them for later review, they have deadlines and those deadlines don't give you near enough time to dawdle.

If you want more information, please email me at fredkutellyahoo (DOT) com.

I am not an attorney, I am a parent.

[Guest guest]

The attorney that has filed suit is also a parent of 3 autistic children. So it is not just some attorney suing on behalf of some children. They are his children. If you have any doubts, fears, questions, just call him. I did. I left a message and he called me back that afternoon and talked for quite a while. My daughter is 16 so things were different "back then". But she was denied so many things. If something like this can change things for our children, I am happy to help.

did you receive a letter from the Broward Country School Board? Plz read

if you received a letter from the BCSB (Broward County School Board), please do not take it lightly!

An attorney is suing the school board on behalf of some students with the claim that they have been deprieved of a free and appropriate education and that the BCSB is systematic in its deniel of services to children with ASD. He has been turned down over and over in court and is now working to gain the records of 5000 children (students and old students) in Broward County in order to show this pattern of denial and in the hopes of gaining class certification (always kicks up the attorney's fees). Rather then prove damages to his clients first, he is requesting the court to force the BCSB to produce these records under few stipulations:

1) the records will have the names redacted.

2) only the attorney, his staff (secretaries and file room clerks included), experts, etc. will have access to these records.

3) the records will be returned or destroyed after their use.

Sounds fair?

First think of the contents of these records:

They have information on your children. They contain narrative information recorded during meetings, counselling sessions, appeals, everything! They have items included that you didn't request to be put there, they have items that you put there from doctors and other specialists that you never in your wildest dreams would have been shared for anyone for any purpose except for the benefit of your child. They contain data on siblings and parents. Anything you gave the school, it is in there. This record is an entity that can not and should not be produced. It is private! Just covering the names does not protect the privacy of our children.

Originally, Defense Counsel sent out a letter with instructions that parents wishing to avoid the disclosure of their childrens' records needed to submit an order called a Motion for Protective Order. Once a few of these were filed and denied, the instructions to the parents changed. The reason for the denials is 1)you have to try to work it out with the other side before filing a motion like this and 2) a parent cannot appear Pro Se on the behalf of their child unless they are an attorney. In other words, you have to hire someone to write your motion and represent your child. That means money out of the pocket of the already financially and emotionally overtaxed purse of the family with a special needs child.

You would think that a simple letter to the court saying you want the privacy of your child protected would suffice in that capacity. Not quite!

Now it looks like a new letter is going to be sent out to parents with instructions to submit complaints about this gross breach of privacy to the school board. It almost seems like parents are being deprived of a right to due process.

Again, please read the letters. Don't file them for later review, they have deadlines and those deadlines don't give you near enough time to dawdle.

If you want more information, please email me at fredkutellyahoo (DOT) com.

I am not an attorney, I am a parent.

[Guest guest]

The attorney that has filed suit is also a parent of 3 autistic children. So it is not just some attorney suing on behalf of some children. They are his children. If you have any doubts, fears, questions, just call him. I did. I left a message and he called me back that afternoon and talked for quite a while. My daughter is 16 so things were different "back then". But she was denied so many things. If something like this can change things for our children, I am happy to help.

did you receive a letter from the Broward Country School Board? Plz read

if you received a letter from the BCSB (Broward County School Board), please do not take it lightly!

An attorney is suing the school board on behalf of some students with the claim that they have been deprieved of a free and appropriate education and that the BCSB is systematic in its deniel of services to children with ASD. He has been turned down over and over in court and is now working to gain the records of 5000 children (students and old students) in Broward County in order to show this pattern of denial and in the hopes of gaining class certification (always kicks up the attorney's fees). Rather then prove damages to his clients first, he is requesting the court to force the BCSB to produce these records under few stipulations:

1) the records will have the names redacted.

2) only the attorney, his staff (secretaries and file room clerks included), experts, etc. will have access to these records.

3) the records will be returned or destroyed after their use.

Sounds fair?

First think of the contents of these records:

They have information on your children. They contain narrative information recorded during meetings, counselling sessions, appeals, everything! They have items included that you didn't request to be put there, they have items that you put there from doctors and other specialists that you never in your wildest dreams would have been shared for anyone for any purpose except for the benefit of your child. They contain data on siblings and parents. Anything you gave the school, it is in there. This record is an entity that can not and should not be produced. It is private! Just covering the names does not protect the privacy of our children.

Originally, Defense Counsel sent out a letter with instructions that parents wishing to avoid the disclosure of their childrens' records needed to submit an order called a Motion for Protective Order. Once a few of these were filed and denied, the instructions to the parents changed. The reason for the denials is 1)you have to try to work it out with the other side before filing a motion like this and 2) a parent cannot appear Pro Se on the behalf of their child unless they are an attorney. In other words, you have to hire someone to write your motion and represent your child. That means money out of the pocket of the already financially and emotionally overtaxed purse of the family with a special needs child.

You would think that a simple letter to the court saying you want the privacy of your child protected would suffice in that capacity. Not quite!

Now it looks like a new letter is going to be sent out to parents with instructions to submit complaints about this gross breach of privacy to the school board. It almost seems like parents are being deprived of a right to due process.

Again, please read the letters. Don't file them for later review, they have deadlines and those deadlines don't give you near enough time to dawdle.

If you want more information, please email me at fredkutellyahoo (DOT) com.

I am not an attorney, I am a parent.