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Diven and your legal right to school choice


120 replies to this topic

#1 Guest_TheSpecialEdCrusader_*

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Posted 16 July 2012 - 04:34 PM

It is no secret that Diven is on the NYSED "schools in need of improvement" (SINI) list. What the ECSD doesn't want you to know is that Diven students, after 2 years on the SINI list (for whatever reasons, whether you agree with the designation or not), are eligible for MANDATORY school choice, according to Federal Law. NY State Ed, as of todays date, says that until the rules regarding exemptions are made clear, the ECSD MUST honor transfer requests.

Shockingly...ha....it is the egomaniacal and immature Superintendent and thankfully soon to be retired Director of Pupil (ie, placement) services who are deliberately not disclosing this fact to upset Hendy parents, or equally upset Diven parents, until after the rule changes and choice matters are explained and published or otherwise set forth to the public in August. If you want your child to go to any, and i do mean ANY other school in the district, you must act now, and make your request under the NO CHILD LEFT BEHIND Act. They cannot ignore you, and to say no....which is what they plan to do unless you know better, is a violation of Federal Law. Fortunately, my kids are not in this situation. If they were, I'd raise holy hell. But if you're concerned and you want to exercise your right to school choice, speak up, send a letter or email, and make them say no in writing. It is a class action lawsuit waiting to happen.

#2 OFFLINE   Bill

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Posted 16 July 2012 - 04:59 PM

Excellent info SpecialEdCrusader. Thank you.

#3 Guest_Guest_*

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Posted 16 July 2012 - 05:26 PM

Now someone ask the question if this is true...because it ain't! I read the regulations. A school district can select which schools are in need of improvement under the new law. Under this law the district must prioritize it's schools. Since Diven will not have students in grades 3, 4, 5 or 6, Diven cannot be identified. The state will not allocate resources to Diven because it is not in as great of the need of improvement as middle schools or high schools. Oh yeah, Pine City did not meet the state achievement target just like Diven. The issue is the test and that special education students need to flunk the test before supports can be given to them. How did I learn this you might ask? It is on New York state education website. Let's be more informed next time and actually bring legitimacy to this website.

#4 ONLINE   Bill

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Posted 16 July 2012 - 05:30 PM

I think, people ought to pursue this and see what they get.

Hows that for legitimacy? A simple experiment.

Get everything documented, that way if they need to sue The Superintendent and the School Board individually, they can have a clear record of what went on.

#5 Guest_Guest_*

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Posted 16 July 2012 - 06:53 PM

The anonymous poster should post a link to the state regulations s/he claims say it [is not] true. All in the name of legitamacy, of course.

#6 OFFLINE   Bill

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Posted 16 July 2012 - 07:01 PM

I agree.

#7 Guest_Guest_*

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Posted 16 July 2012 - 09:22 PM

Could not agree more. It should be incumbent upon the initial poster who suggested our school district should be sued, should provide the link of information. Sounds like a great business decision to hire a lawyer and sue the school district for something we don't know anything about based on what you think you know.

#8 ONLINE   Westie

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Posted 16 July 2012 - 09:27 PM

I went to the www.nysed.gov/ website, but I certainly couldn't find it on there.

#9 Guest_Guest_*

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Posted 16 July 2012 - 09:35 PM

FOIL it from the district

#10 Guest_Guest_*

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Posted 16 July 2012 - 10:37 PM

http://www.p12.nysed...tions/home.html

#11 Guest_Guest_*

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Posted 16 July 2012 - 11:00 PM

Link to PDF Document I see nothing on the State Ed site about Diven being exempted or otherwise not able to be classified based on which grades are slated to be served there this fall. On the other hand, http://www.p12.nysed...erminations.htm

So again, say it ain't so......Joe. But perhaps you might back it up this time with specifics, documentation, and legal opinions. Six years of "needs improvement" ratings for ECSD special ed students? Nice.

Diven parents, present and future, particularly parents of children with IEPs, deserve to be advised of their rights just as EFA parents were last summer when letters went out offering to truck kids to Southside, until NYSED clarifies what the exemption means, specifically, to this district and specific schools within it. What are you trying to hide, and from whom, hmmm?

Parents....take action. Personally, legally, whatever. Be aware. Speak out. Your kids deserve it.

SpecialEdCrusader

Edited by Bill, 17 July 2012 - 07:27 AM.
Fixed the pdf link.


#12 Guest_Guest_*

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Posted 17 July 2012 - 07:40 AM

http://www.p12.nysed...ementStatus.pdf

See Page 4. Read the fine print at the bottom of the page. Title I schools that are in year 2 of correction MUST offer public school choice, if available. There are (now) 3 other elementary schools in good standing in ECSD that are available choices. End running this problem by taking away the state testing grades from the school itself does not retroactively solve the problem. Diven produced the kids who eventually failed those tests, whether you blame kids, parents, teachers, or those inconvenient special ed students for the failures, the result is a failing school in year two, and parents have a right to choose as a result. Sorry Joe.

#13 OFFLINE   Bill

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Posted 17 July 2012 - 07:57 AM

Thank you again for this.

#14 Guest_Guest_*

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Posted 17 July 2012 - 09:18 AM

The school is very well possible going to be wiped clean of its sini school status in the fall. The district is waiting to hear back from the state in specific regards to this. Again one needs to remember that the only reason why Diven is on the sini list is due to it's special education population. They have a higher proportion of special education students compared to other schools in the district. Look at some of my previous posts in specific regards to what makes a school a sini school or not.

---Edugirl

#15 ONLINE   Adam

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Posted 17 July 2012 - 09:53 AM

Link to PDF Document I see nothing on the State Ed site about Diven being exempted or otherwise not able to be classified based on which grades are slated to be served there this fall. On the other hand, http://www.p12.nysed...erminations.htm

So again, say it ain't so......Joe. But perhaps you might back it up this time with specifics, documentation, and legal opinions. Six years of "needs improvement" ratings for ECSD special ed students? Nice.

Diven parents, present and future, particularly parents of children with IEPs, deserve to be advised of their rights just as EFA parents were last summer when letters went out offering to truck kids to Southside, until NYSED clarifies what the exemption means, specifically, to this district and specific schools within it. What are you trying to hide, and from whom, hmmm?

Parents....take action. Personally, legally, whatever. Be aware. Speak out. Your kids deserve it.

SpecialEdCrusader

E-mail him or request a meeting with him and find out...bring your evidence to refute his statements if he still denies it despite proof otherwise take it to the media then but i would talk with him first, he is very easy to schedule meetings with

#16 Guest_Guest_*

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Posted 17 July 2012 - 10:46 AM

The District has the preliminary new designation list, which came out yesterday. Diven remains on it. Joe knows it, the District knows it. They just don't want parents to know it and start a mass migration to other schools.

#17 OFFLINE   Bill

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Posted 17 July 2012 - 11:08 AM

I am all for those parents to make that migration. It is their children, it should be their choice.

The more people that know of this the better.

#18 ONLINE   Bazinga

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Posted 17 July 2012 - 02:27 PM

Lol. I don't want the hendy parents to get ther way as usual.
July 12th 2012: The day it was determined the almighty Joe Pa and his precious PSU Football program was the biggest and most disgusting fraud of all time!

All Paterno Apologists who kept chirping over the years that he was the greatest of all time and ran the cleanest program of all the power confrences can suck it.

#19 OFFLINE   Bill

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Posted 17 July 2012 - 02:28 PM

Lol. I don't want the hendy parents to get ther way as usual.


Why shouldn't parents have a right to send their kids to the school of their choice?

(also as a side note, please read your PM's, or I will have to limit your posting here).

#20 OFFLINE   Movin'on

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Posted 17 July 2012 - 02:30 PM

Hendy parents get their way as usual? What in the world does that mean? This is a Federal requirement, and can be used in any part of this country. If you want to add to the discussion, do so, but don't throw out inflammatory statements that have no basis but to fire up other members. I've had absolutely enough of it.
Maybe your perception needs tweaking.



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