An
Open Letter to the
District School Board of Collier County
Relative to the proposed
settlement with Mr. Baker, we once again call your attention to the US Office of Civil Rights
finding of violations of Section 504 of the
Americans With Disabilities Act against ESE
students by the CCSD which occurred during the
tenure of former Supt. Ray Baker.
Beginning on April 19, 2007 (and continuing on
numerous occasions since), we brought our ESE
concerns to your attention. You expressed
concern about "Board members being left out of
the loop when it came to litigation" and:
"(Mr.) Withers told the Board members he was
always available to explain why a case might be
in Supt. Ray Baker's domain and not theirs."
Naples Daily News, School Board Attorney looks
for more personnel
In the current proposed
settlement with Mr. Baker you offer to:
"release Baker from any liability arising out of
or under his employment or under any terms or
conditions of his contract”
The result of this
ill-conceived settlement will be to absolve Mr.
Baker from any liability for issues the US
Office of Civil Rights, US Department of
Justice, US Department of Education, et al may
ultimately seek to hold him accountable for.
Knowing that these and other legal issues are
pending from Mr. Baker's watch, why are you in a
rush to settle?
Instead, begin by following
through with the ESE department audit
recommendation of the Hinshaw Report:
Section 504 of the Rehabilitation Act
mandates that the school district provide
reasonable accommodations necessary to allow a
student with a verified disability equal
opportunity to access educational services and
programs, unless to do so would cause an undue
burden. Likewise the Individuals with
Disabilities in Education Improvement Act of
2004 (IDEA) requires school districts to provide
a free and appropriate public education to
students with qualifying disabilities."
Conclusion: The District should review
its present home bound instructional program to
determine its compliance with Section 504 and
the IDEA.
A large financial
investment was made in the Hinshaw report, yet
you persist in ignoring its recommendations for
the ESE department.
OCR determined that serious
Federal Civil Rights violations by CCSD against
disabled children have occurred.
Unbelievably, CCSD's response was to:
-
notify in writing to
OCR that they (CCSD) were not interested
in negotiating compliance,
-
slash the ESE budget,
and
-
terminate ESE teachers
and staff.
In less than 14 days, SACS
will return to reevaluate the Board's
implementation of their recommended governance
and leadership standards improvements, yet you
persist in conducting District business in the
same ineffective manner, ignoring your
"obligation to ensure quality to students,
parents, teachers, and the community".
Proceeding with the
irresponsible approval of the settlement
agreement with Mr. Baker will result in:
-
Filing of a formal
complaint with SACS compelling their
evaluation of both this settlement agreement
with Mr. Baker and the OCR investigation
findings that CCSD was and remains in
violation of CFR 34 104.36 in denial of ESE
Students' Section 504 rights. We will
assert that both issues clearly demonstrate
your continued "lack of governance and
leadership".
-
Notification in writing to OCR compelling
their investigation (or in the alternative
the Department of Justice' investigation) of
Mr. Baker, Mr. Withers, and School Board
Members continued violations of Federal
regulations relative to ESE students.
As previously outlined, the denial of ESE
students' Federal rights under CFR 34 104.36
represents an intentional legal strategy on
the part of CCSD as orchestrated by Mr.
Withers and (then) Superintendent Baker.
Finally, in absolving Mr. Baker from
liability in this on-going Federal
investigation, you are irresponsibly assuming
the liability on behalf of the School Board.
Respectfully submitted,
Ms. Patty Caldwell Portenier
Mr. William Hughes
Ms. Catherine Cannivet
