Friday, July 10, 2009

More school news

The new Interim Supt wanted to see Stephen and me again, and we had a nice talk. He ended up saying he was going to do some more investigating. He took it in when I pointed out that fighting us in Due Process, when we're asking only for the district to see Stephen through a GED, for therapy after our insurance, and for community college, is like a dog chasing a car. If he catches the car, what does he do with it? Can he eat it? If the district prevails and wins the privilege of educating Stephen, who cannot and will not take anything from them, what do they do with this valuable treasure?

The board had a special meeting to hold a budget discussion that included the community today, immediately followed by another in which they decided to appoint a replacement for Bill Klein, instead of calling for an election. They have 60 days from Bill's resignation on the 1st- until Aug 28th - to appoint. When I learned that an election was going to cost $460K, that looked better to me too, if they do it right. And what they came up with I agree with entirely for a change. Nominations and applications for three weeks, until July 31st, with the process published in the papers and the district website; then public interviews and community input in a special meeting on the 13th; and then they make the pick in the regular board meeting on the 20th, a week ahead of the deadline.

A number of people have suggested me, and I believe I'll put in for it. I can think of several candidates I might like better than myself, but I wouldn't be so bad, and being publicly interviewed for the job would be enlightening and fun for all, although I can only imagine one of the four voting for me.

I went out to eat afterward with one of the board members and a former member who's going to consult with his family about applying, along with a couple of others, and we had a nice talk about a lot of things, in which we all profited, I think.

Wednesday, July 01, 2009

"Do not judge lest you be judged"

Last week, the ALJ denied CVUSD's motion to quash my subpoena for the records I'm demanding, on the ground that OAH had never seen the subpoena and wasn't told its language - without prejudice, which means that CVUSD can resubmit their motion to quash with the subpoena included if they want. So far they haven't wanted.

As a lawyer pointed out, he ruled on a technicality, avoiding addressing any of the issues. She had a problem with that, but I realized that for judges to avoid deciding things when they don't have to is very wise. The problem might go away somehow - the parties might settle their differences, or anything. In fact God does that, and so should we. Giving decisions in judgment can easily subsidize intransigence and obstruct reconciliation, no matter how right a given decision may be on legal points. Judges are smart enough not to want to be judges unless they really have to be, and that's the right attitude everywhere in life. Wisdom does indeed shout in the open square, at the head of every street, and in the Office of Administrative Hearings.

Thursday, June 25, 2009

"Liberty and justice for all"

From Texas Monthly:

"Failing Darla"

http://www.texasmonthly.com/2009-07-01/btl.php

When you live here long enough, you become inured to certain things that might otherwise drive you crazy, like the fact that we rank, among all states, near or at the bottom of too many lists: dead last in health insurance coverage, forty-ninth for children living in poverty, well below average in the incarceration of nonviolent teenagers, and so on. So when the Legislature gets infatuated with a nonpressing issue—this session it was voter ID—instead of trying to improve dire situations that have persisted for decades, the public response isn’t outrage but a collective shrug. It’s our way to embrace the bright side of the Texas myth (independence, individualism) while ignoring the dark side, which leaves the less fortunate to fend for themselves. Some of these evils have been with us for so long that we’ve come to believe they’re intractable, even though other states have proved they aren’t. And when outsiders say we’re backward in our nonapproach to social ills—what else would you expect from Texas?—the historic response is to circle the wagons in collective defensiveness.

Those were the kinds of thoughts running through my mind this spring when I happened to meet Darla Deese, who is fifty and “developmentally disabled” (the polite term for “mentally retarded”), at the precise moment, after decades of abuse and neglect, that the Legislature had budgeted $507 million for care of people like her. “It’s going to create a lot of opportunities for people . . . to stay in their homes or a community setting,” state representative John Zerwas, of Richmond, jubilantly told the Houston Chronicle. If only that were true. Of the 66,000 developmentally disabled Texans who have been waiting up to eight years for services in their communities—some trapped in institutions, some with families stressed to the max—a mere 7,000 will have their needs met. It is a measure of how bad things are (we rank forty-eighth in funding for the developmentally disabled) that some who fought for the increased appropriation and accompanying reforms are grateful for what they got.

In truth, most people do not care about the fate of the mentally retarded. Adults with developmental difficulties are children in grown-ups’ bodies, which means that they are expensive and time-consuming to care for. In Texas, they and their families have two choices: institutions, which, at best, serve as human warehouses, or community services, which are available to only a lucky few. “I believe waiting lists are immoral,” says state senator Judith Zaffirini, of Laredo, who has done more than any other legislator for the developmentally disabled. In general, the strategy of our state government has been to lurch from crisis to crisis—or lawsuit to lawsuit—while maintaining a dysfunctional system that is outdated, underfunded, and incomprehensibly bureaucratized.

The $507 million came about in response to a 2008 civil rights investigation of Texas’s thirteen state schools by the U.S. Department of Justice. The findings read like something out of a fifties horror movie: residents put in straitjackets, overly and improperly medicated with psychotropic drugs, and worse. “More than 800 employees across all 13 facilities have been suspended or fired for abusing facility residents since fiscal year 2004,” the report notes. “Over 200 of the facilities’ employees reportedly were fired in fiscal year 2007 alone for abuse, neglect or exploitation of residents . . .” Injurious falls went unnoticed, claims of rape unprosecuted. “The mortality rate for some of the facilities raises serious concerns regarding the quality of care that facility residents receive. In recent years, one of the facilities averaged two resident deaths per month.” It’s worth noting that the now infamous “fight club” scandal at the Corpus Christi State School, in which employees pitted residents against one another, occurred months after the feds released their report. In other words, at least one school investigated and found wanting was in no hurry to clean up its act.

This fact would come as no surprise to Darla and her sister and lifelong advocate, Esther Hobbs, who is sixty. The women now share a sun-drenched house in the Montrose section of Houston, where Esther runs a public relations business. New people sometimes make Darla nervous; she shook her head and was reluctant to make eye contact when Esther introduced us. Until a few years ago, she slept with one eye open and often threw her hands up in the air, as if warding off an attacker. “We don’t know what she’s been through,” Esther said of Darla’s 31 years in the state’s care.

Darla’s story is typical of many developmentally disabled Texans’. She was born in Beaumont, into a strict Southern Baptist family of modest means. Her father was a car salesman, her mother a homemaker. A beautiful girl with blue eyes and blond ringlets, she was the last of four children. Her mother had had a medical emergency when she was pregnant that resulted in a loss of oxygen to Darla’s brain. But her oldest sister was more than willing to take her on. “Darla was like my baby doll,” Esther told me. “From the time she was born she was my responsibility.” Even so, this was the late fifties and early sixties, when there was much shame and little hope associated with mental retardation. The family’s doctor urged that Darla be institutionalized, and her parents agreed. “I came home one day and she was gone,” Esther told me. “They didn’t talk about things then.” Darla had been sent to the Mexia State School. She was five.

Her decline there was as predictable as her interminable loneliness. She lost the ability to speak in anything but single words and almost always seemed afraid. When Esther came to visit with her parents, Darla leaped into her arms and wept wretchedly whenever it was time for her family to leave. Then, less than a year into Darla’s stay, her parents got a middle-of-the-night call from a state school worker. “I’ll probably lose my job over this,” she told them, “but your daughter doesn’t belong here.”

For the next year Darla lived at home and attended special-education classes at a Beaumont public school. Esther left home at eighteen and not long after discovered that her parents had moved her sister to the new state school, in Richmond, just south of Houston. Darla would spend the next thirty years there. Initially she lived in a dayroom with thirty or so girls, sleeping in a cubicle and sharing hard wooden chairs. “They had nothing to write on, nothing to read,” Esther said. Darla came home every other Sunday, on holidays, and on her birthday, but she was more like a wild animal, Esther remembers, than a human being. Often she had cuts and bruises; when Esther asked staff what had happened, they always said that Darla had fallen down. Who really knew? The turnover among her direct care staff was high; most worked for minimum wage and had little or no training. Around age twelve, with her parents’ assent, Darla had a hysterectomy; there was sexual activity at the school, they were told, and no one wanted her to get pregnant.

In 1991, when Darla was 32, she was moved to another part of the school. At that point, her female caretakers were replaced by men; even more worrisome to Esther was the fact that some prison inmates purported to be mentally retarded had been shipped to state schools in an effort to ease prison overcrowding. On visits Esther sometimes found her sister’s face smeared with makeup or bruised. Darla developed a fear of trees, which led Esther to suspect that she was being raped in the woods on school property. After Darla’s caseworker reported that she had been sexually abused, Esther complained repeatedly to the state school staff and to the Fort Bend County Sheriff’s Department, but to no avail. (This outcome is unsurprising in cases involving the developmentally disabled: Claims by them or on their behalf are routinely seen as lacking credibility, even though the Justice Department’s Office for Victims of Crime estimates that nearly 83 percent of developmentally disabled women will be sexually abused in their lifetime.) About a year later, Esther was called by a caseworker who reported that Darla had a human bite mark on her back. Esther went to the school looking for her, and she found her huddled in a corner, inconsolable and “beaten beyond recognition.” “She was the saddest person in the whole wide world,” Esther told me.

By the mid-nineties, Esther could no longer live with the situation; she persuaded her mother to allow her to become Darla’s guardian. By then, her own health was suffering—her skin itched as if it were on fire—and when her doctor diagnosed stress and asked about the possible causes, Esther told him about Darla. She remembers his response as if it were yesterday: “Everyone in the medical profession knows what they do to those kids. You need to go get your sister right now.” She did. “It was two years before she would let me hug her,” Esther told me.

If this were a movie, Darla’s life would have taken a dramatic turn for the better. That’s not what happened. She joined the proverbial waiting list to take advantage of government funds and services, but it was eight years before she got any. In the meantime, Esther put together a patchwork of private day care programs, some of which kept Darla no safer than she had been at the state school (a large bruise on Darla’s inner thigh was diagnosed as, yes, evidence of repeated sexual assault). For several years, out of desperation, Esther ran her own school, but she had to close when grants dried up.

It doesn’t have to be this way. Zaffirini and other advocates believe that $1 billion is needed to solve some of Texas’s worst problems, like inadequate training and low staff pay at state schools. More important, though, is the way money is allocated: Too much of it goes only to large, outdated, expensive institutions instead of smaller, cheaper-to-operate community-based programs, which many developmentally disabled people and their families prefer. (The Mexia State School, for instance, is the largest employer in town, a problem for any politician who wants to improve care but remain in office.) Overall, says Zaffirini, it will take a change in the popular will to create a system—from home care to institutions, with many alternatives along the way—that can help the developmentally disabled live decently and safely, earning money and contributing to society.

Until then, the waste of human potential, and human life, continues.

Monday, June 22, 2009

Big day in due process

Ricky Norment from the Family Policy Compliance Office (FPCO) of the US Dept of Ed called me bright and early this morning and had me write a FERPA letter to CVUSD for the records, which I did with a copy to CVUSD's lawyer Jack Clarke, and to the Ofiice of Administrative Hearings (OAH). He is sending me some stuff to start their investigation, which I should get in a couple of days. Having gotten some good advice, I also put in my final argument for my subpoena.

Disability Rights Legal Center wanted all these docs, although they're not going to represent me in my case in general. But I wasn't asking for that, because they have people with nothing that need the help more than I do. I only want them to pursue the matter of OAH letting the districts hide records contrary to the law, based on fallacious reasoning. That particular issue is of general interest, the kind of issue that DRLC is interested in. A lawyer I know is also having a problem with the ALJ ruling contrary to the law regarding records in one of her cases right now.

Now that FPCO is involved, we may be able to get this straightened out, and if OAH begins to consistently follow the law in this matter, it will be a lot better for a lot of kids. And who knows, if CVUSD has to cough up the records, we may be able to work this out in friendly fashion, which they have not wanted to do these past two years and change.

Saturday, June 20, 2009

Busy month

There's certainly been no time to blog! I had to gird up my loins for the due process hearing, which was set for June 15th, with the prehearing conference on the 5th. The Administrative Law Judge, Richard Breen, did a great job with us getting the issues defined for the hearing, and then I had to get my evidence binder together, and my witness list. I had to subpoena witnesses and docs. I had to get organized. I worked 40 hours straight, two all-nighters in a row, without even getting especially tired.

I've had God make things easy for me before, but it was kind of a new thing to have it be really hard and just to get the power to push through anyway. I also had to take a hard look at how I've anesthetized my anguish by being angry or by being a smart ass. That's a drug habit I need to be through with after having indulged it these past 55 years or so.

And then right before going to hearing on the 16th after a one day continuance because their attorney's courier messed up the exchange of binders, we got a stipulated continuance until August 25th, my second wedding anniversary.

We're now fighting over their motion to quash my subpoena for the missing records.

In other news, Wayne Joseph was appointed interim Superintendent in place of Ed Heatley, whose official last day is June 30th, although he's long gone. I haven't heard much about Wayne Joseph, but what I've heard is all good, and we had a nice conversation Thursday at the board meeting. We want to talk as soon as he takes office in July. He's been around a long, long time, and has been in charge of alternative education.

The measure to approve 3 year contracts for Heatley's holdovers failed 2-2 last night to loud cheers and whoops of delight, which offended Sylvia Orozco, the board president. I spoke against it, pointing out that sticking a prospective superintendent upfornt with his predecessor's staff for three years was not exactly the way to make good candidates want the job.

Sunday, May 24, 2009

Memorial Day

"Memorial" is about remembrance. Paul wrote about forgetting what lies behind and reaching to what lies ahead - in particular, the upward call of God to fellowship in the truth and becoming like Jesus. But not everything in the past is behind, as the very same Paul pointed out in reminding us that in eating and drinking together we remember his death, which is certainly in the past but which is by no means behind us.

It's important to remember death, and in the right way, in the truth. It's really obscene to lie where death is concerned - even if it's lying by forgetting and averting our eyes.

I was reading in Second John today how clearly loving one another depends entirely on living in the truth. Love rejoices in the truth (1 Corinthians 13:6). As far as we have an argument with truth, we're not really going to love anybody. Indeed, Sentimentality = Love - Truth.

And sentimentality is cruel, just as it is written: "The tender mercies of the wicked are cruel."

So as Spock said to McCoy in the Star Trek movie: "Remember!"

http://www.squadron13.com/MikeHastieGallery/Farewell162nd.htm

Saturday, May 23, 2009

Abuse of kids - a cloud of witnesses

My wife told of a kid who drowned when she was a kid in a crowded indoor swimming pool. He dived in, and then the bodies around him kept him from being able to surface. When he struggled, those around him grew irritated and kicked him, until he drowned. The problem was the kid struggling, not what was happening to him.

I had just watched the hearing on restraints, seclusion, and abuse in schools held on May 19th by the US House of Representatives Education and Labor Committee.

http://edlabor.house.gov/hearings/2009/05/examining-the-abusive-and-dead.shtml


It's pretty hard to listen to. The teacher that had been torturing a traumatized kid by withholding his lunch, because she knew that he had been starved when he was little and was made frantic by such deprivation, sat on him and crushed his ribcage, killing him. Did she do time for this murder, preceded by sadism? Was she even arrested? Ah - did she maybe lose her teaching credential? Well, she did get put on a registry of child abusers in Texas, eventually, but she slipped off that and went to Loudoun County, Virginia and got a job teaching. And there she is, on administrative leave, now that it came out in the hearing. How about the many thousands that don't get to testify in Congressional hearings about what they do to our kids?

Today I was reading a bit in the Irish government's report on the abuse of children in Irish Roman Catholic schools, especially from 1930 to the 1970s.

http://www.childabusecommission.com/rpt/

This one, you'd better gird up the loins of your mind before you venture to read. I don't understand how human beings can endure some of the things people do to them. Growing up, I was almost completely destroyed by so much less.

Well, whether it's the US Dept of Education that never pulls its financing to violators, or the California Dept of Education that whitewashes complaints when they see that investigating properly will be serious trouble for the perps, it's the same thing.

Bishops protect predator priests, and educational bureaucrats protect predator school administrators. When someone is struggling in the water, don't rescue him; he's being a nuisance, so kick him until he disappears.

Governor William Brownlow of Tennessee defended black people from the Ku Klux Klan during Reconstruction by arming them. Congress passed the Civil Rights Act of 1871 - now Section 1983 - empowering people to sue state officials for damages, because they understood that black people couldn't expect to be protected from above if they weren't put in a favorable legal position to defend themselves. School officials will keep on abusing, terrorizing, and sometimes killing students until the law is reformed to enable parents - even those without money - to hold them accountable, even when they don't have a lot of money.