ZT Nightmare - Nagel Middle School Forest Hills School District

Here is yet one more outrageous example of Zero Tolerance lunacy from the great state of Ohio. Ohio is running a close second to Florida when it comes to extremist school officials.

Read Carol's story, I believe you will be amazed that school officials can be so lacking in common sense and so hurtful to such a young boy. He committed a trivial offense. A Pychiatrist has recently diagnosed Ryan with a disability, ADHD which may explain to some of his actions. The Psychiatrist has also stated that he poses no risk to others yet these low grade excuses for human beings that are running that school district feel they know better than the psychiatrist!

I hope they feel good about themselves.

Forest Hills Zero Tolerance Nightmare Supporting Docs

Carol's Story:

My 13 year old son Ryan attends seventh grade at Nagel Middle School, Forest Hills School District , Anderson Township, Cincinnati, OH. This is the first year for this middle school.

On 12/07/99, Ryan was called into the office due to anonymous call to the "Community Safeline" The caller stated that Ryan is selling drugs and threatened to shoot up the school at Nagel Middle School. Ryan was questioned by a sheriff and the principal. Ryan told them that they he was talking about the Colorado shootings and asked the boys he was sitting with in the cafeteria if they would ever bring a gun into school? The other boys were also brought into to the office and questioned. The boys and their lockers were searched. Nothing was found in Ryan's locker or on his person.

Ryan was suspended for the maximum of 10 days, five days out of school and five days in school for the period of 12/07 through 12/20/99. The regulations violated as stated on the suspension form are: "Article III-8-22R, comments made which are a threat to the Health and Safety of the school" and provided false information to the school authorities."

Scared to death due to the presence of the sheriff, Ryan originally denied any conversation. Without me being present, I am unsure just how this subject was addressed by the principal or the sheriff so I'm not convinced Ryan knew what they were asking about.

I went along with the suspension, trying to work with the school and to impress upon my son the seriousness of gun conversations. People are scared due to recent incidents in schools across the country and some people are even paranoid about the subject.

On 12/14/99, Ryan returned to school to serve his "in school" suspension. This is where a student sits in the office the entire school day. He is not permitted to do any of the school work for credit. At the end of the "in school" suspension, I received a call from the assistant principal telling me how well Ryan had done the past 5 days. "He has been the perfect gentleman during his in school suspension."

On the evening of 12/20/99, the last day of the "in school suspension," Ryan received a call from a classmate inviting him to attend the school chorus concert with him. As a result of the conversation I had with the assistant principal praising my son's behavior, and since he had been grounded at home with absolutely no privileges, I allowed Ryan to attend the school concert. While my son was at the concert that evening, Ryan and another boy ran in front of the audience at the concert, screeching as he ran across in front of the stage.

On 12/21/99, I received a call stating that Ryan was being suspended with a recommendation for expulsion. The reasons as stated on the suspension form: "Ryan on his last day of 10 day suspension came to the school concert and ran in front of the audience-screeching-a violation of his suspension and disrupting school activity. When I went to school, I informed the principal, assistant principal and his new counselor that if Ryan violated his suspension, then that was my error, not Ryan's. The form states does state that the suspension ends as midnight and that the student is not permitted on school grounds or to attend any school function during the term of the suspension.

Since Ryan was required to be on school grounds for the "in school" suspension, it was my interpretation that the midnight deadline did not apply and that the "in school" suspension ended at the end of the school day with the "in school" suspension. I was told my the assistant principal that if Ryan had not run in front of the audience, no one would have said anything about Ryan attending the concert. Please note that the other student who also ran in front of the audience received a TWO day suspension.

As a result of this disruption at the after school activity, Ryan was given another ten day suspension (the maximum) from 12/21/99 - 01/12/00 and a recommendation for expulsion. For the expulsion hearing I would need to provide a psych evaluation at my cost. The school also strongly recommended a program at the Mercy Adolescent Center which dealt with behavior problems. The school has had great success with other students they had referred there.

Because my son has been the "class clown" throughout his education, I did enroll my son into this program. I was concerned that he had low self esteem and was continuously trying to impress other kids, always trying to fit in. His grade average was also low, adding to the low self esteem issue.

This program is a full time program that includes group therapy, one on one therapy and two, one hour sessions per week with a psychiatrist. Ryan's father and I attended weekly Parent Group Sessions as well as Family Therapy Sessions. Ryan attended this program for a total of four weeks due to his suspension. While attending this program, the psychiatrist diagnosed Ryan with Attention Deficit Hyperactive Disorder.

At the expulsion hearing on 01/07/00, I provided the psychiatric evaluation done by the psychiatrist Dr. Rodney Vivian. It states: "Ryan has disruption in his major area of life, which is school. He has chronic poor self esteem, poor coping skills. There is no history of violent behavior. Diagnosis of post traumatic stress disorder, attention deficit, hyperactive disorder. Ryan was placed on stimulant medicine for ADD and at this time is having early positive results, but it is too early to note clear response. Diagnosis at this time is fair to good, as long as he maintains motivation, is compliant and continues to have positive response to medication. I have no evidence to suggest that he presents a greater than average risk of violence in the community. Ryan and family have been cooperative and consistent with treatment. They show good motivation. "

I also advised the hearing officer that it was MY VIOLATION that Ryan attended the school concert. I was told that didn't matter. (yet they still want to punish Ryan for violating his suspension). At the end of our statements about Ryan's actions and our actions to get my son help with the the behavior problems, the officer asked the principal what his response was. The principal Mr. Stabile said the maximum of 80 days expulsion.

Ryan, his grandmother and I appealed this decision to the superintendent's office. The appeal was heard by the assistant superintendent Robert Farrell on 01/27/00. We reviewed all the actions we had taken and that I tried to work with the school. That I had spoken to other parents about the punishment my son had received and the other parents shared what their son's had received in regard to punishment. The discipline is inconsistent. We also voiced our concerns about their wanting the best for Ryan. The risk they were putting him at, without supervision due to me being a single parent who worked full time. Lastly, the severe punishment they were administering compared to the violations my son committed.

At the appeal hearing, I also provided a letter requesting that my son be evaluated for special education services. He is scheduled for testing on 03/22 and 03/23/00.

I received a call 02/02/00 from the assistant superintendent Robert Farrell that he was upholding the expulsion. When I asked why he upheld the expulsion, he stated "It is the school's position that they are unsure of the predictability of Ryan." Per my request, they were going to do the evaluation for special education services. If the evaluation was positive, the placement team would determine if services would be provided at home or at school.

On 02/10/00, I received a notice of a certified letter. On 02/11/00 I picked up this letter dated 02/03/00 from Robert Farrell stating that he was upholding the expulsion and was granting my request for evaluation of special education services. He further stated in his letter that if Ryan qualifies, he could be serviced during his expulsion period at home with a tutor from the district.

In response, I sent a letter 02/15/00 to Robert Farrell stating that there was no explanation as to why the expulsion was upheld. During our phone conversation on 02/02/00, you gave me the school's position, I was asking why he, as the hearing officer for the superintendent's office, was upholding the expulsion. Was the appeal hearing just a formality and the decision is left up to the principal who initiated the expulsion?

I asked why none of the items we presented at the hearing were addressed. Nothing we presented seemed to have any impact. I asked what other recourse was available to us within the school district to further our appeal.

Lastly, in regards the special education evaluation I stated "It appears that you have made the "placement" decision prior to the evaluation and without consideration of the placement team. This shows prejudice and is a direct violation on our rights.

The response I received from Mr. Farrell dated 02/22/00 was short. "I made my decision to uphold the expulsion of Ryan because I felt that the expulsion was justified and the rationale is supported by evidence per Ohio Revised Code 3313.66." I have had a few people read this code, and I am still no clearer as to why the expulsion was upheld.

The letter continues "In regards to my phone conversation, I wanted you to know that if Ryan is determined by a multi-factored evaluation, to be eligible for special education services, the placement team would meet to determine what services are most appropriate and whether or not the services will be supplied at home or school." This is not what was stated in his letter dated 02/03/00.

The assistant superintendent did not give a response on what other options we had to further our appeal process within the school district. In the "Student Conduct Guidelines" it states that I can further my appeal the the Hamilton Common Pleas Court. In the Ohio Revised Code 3313.66 that Mr. Farrell referred me to it states I can appeal to the School Board. I sent an e-mail to Mr. Farrell when the next school board meeting was and how I went about getting on their agenda. He responded on 02/04 stating that the next school board hearing was 02/28/00 at 7:00PM. I could speak to the Board by submitting a card that you get at the front desk as you enter the meeting room. There is a section on each addenda called Public Commentary. You may take up to FIVE minutes.

I attended this school board meeting on 02/28/00 as well as Ryan's grandmother to voice our concerns about the expulsion decisions made by the principal and the superintendent's office. We arrived early at 6:15PM to ensure we were able to speak. We were the second and third people to arrive and the first and second to fill out cards to speak. We did this due to a controversial Athletic Code of Conduct Policy passed by the school board. We knew there would be many others attending.

They got to the Public Commentary at approximately 9:45PM. Our cards to speak were put to the bottom of the pile and they addressed us at about 10:15PM. Because it involved a student, they invited us to speak to the Board at the Executive Session of the meeting...which was at least an hour away. At 10:20PM they took a break. We spoke with the President of the School Board, Mr. Eric Okerson. I explained to him that I also had a daughter in elementary school that I needed to pick up at the baby-sitters and get in bed due to the late hour. We had copies of our presentations for each school board member. I asked if he would review the presentations in the executive session. We included our names, home addresses and phone numbers. We told him that we were appealing the expulsion on my son. That the offenses committed did not warrant the severe punishment that was administered. The punishment was not consistent with what other students had received. My son should receive discipline for his actions, but not deprived of an education for 100 school days. He made no threats, harmed no one. He was not a danger to himself or to others.

I have attached letters and the presentations that were presented to the Forest Hills School Board President. It has been two weeks since the School Board Meeting and I have had NO response of any kind. Today I have sent an e-mail to the treasurer of the School Board asking how to get in touch with the School Board President, Eric Okerson. The treasurer is the only one that has an e-mail address on the Forest Hills School Web Page.

We contacted the ACLU who recommended the Lawyer Referral Services. They provided an attorney who specializes in School Law and Special Education. She informed me that although the Federal Government has included ADD/ADHD in the "other impaired" section of the Individuals with Disabilities Act, the State of Ohio has chosen not to adopt it. That we would have to wait until the evaluation for special education services was completed.

I can't believe that the school's can make these decisions and not answer to anyone. I am a single mother of two in this school district. I cannot afford the services of an attorney that will run hundreds and possibly thousands of dollars. We even contacted Legal Aid in the hopes they could provide service to the student. This was not the case. I make too much money for them to provide me service.

These schools are putting children at RISK.. What kind of a community is our school district going to create by expelling students because of Zero Tolerance Policies and depriving them of an education. Who needs truancy when you have Zero Tolerance!

Sincerely,

Carol Wehage

03/15/00 UPDATE: On 03/14/00 I received a certified letter.....from the assistant superintendent Bob Farrell. His letter reads "As the hearing officer for expulsions for the Forest Hills School Board of Education, I upheld the expulsion of you son. You presented materials to the board at their meeting on 02/28/00, which they reviewed in executive session and declined to take any further action." If I don't like it, I can take it to the Hamilton County Court of Common Pleas.

03/24/00 UPDATE: Some additional info: Monday, 3/23 an art teacher overheard one of her students talking about my son. The teacher told this girl that he was a piece of shit....a con artist and a cheat. Needless to say, I was in the Assistant Principal's office the next morning. He called me that afternoon after speaking with the student and the teacher in the office. The teacher admitted to making the comments and has been referred to the personnel office for discipline. I spoke with the girl's mother letting her know I appreciated her daughter coming forward. The scarey thing, if the teacher had denied making any negative comment, they would have punished the student for lying. At least, that's how her mother feels.

April 2000 UPDATE: On March 21st & 22nd, Ryan was given a multi-factored evaluation that was given at my request. A meeting followed on 04/13/00 to go over the results of the testing to determine if my son had a learning disability.

In attendance were the three individuals who did the multi-factored evaluation, the district representative for special education, one of Ryan's teachers, the assistant principal and myself. The results of the testing were extremely positive. Ryan was in the average range in most areas and there were a few that he exceeded in. The testing was given with Ryan taking the medication for ADHD. There were many positive comments about Ryan and they discussed his strong points. It was apparent that Ryan had NO learning disability.

In further discussion, Ryan's teacher Mrs. Grove did state that Ryan was impulsive, easily distracted (but was able to easily get him back on track) and very unorganized. All characteristics of ADHD. Then we reviewed his grades which were extremely poor to failing. It was apparent that the ADHD was significantly impacting Ryan's education.

As a result, the team determined that Ryan is eligible for special education as "Other Impaired" under the Individuals with Disabilities Act. An IEP team will convene to determine service and placement in the least restrictive environment. It was suggested that they provide a tutor at home and/or tutoring at a local high school in the evening as the school district now has to provide a free and appropriate education. They are also looking at a tutor for the summer to bring Ryan up academically to meet his grade level. It was suggested that an eighth grade advisor help write the IEP so they would be familiar with Ryan and his needs when he returns to school next year...in the eight grade. Ryan's teacher, Mrs. Grove also volunteered to help write the IEP. These recommendations were the result of Ryan being out of school for four months now and being so far behind. We felt it would create additional problems if he returned to school now to complete the seventh grade. This will all be finalized and official in early May when we review the written IEP
(individual education program) and sign with the teams approval.

I was extremely happy with these results. I was renewed with the belief that there are people within this school district who do care about the well being and the education of the students. There are people who do want to do the right thing....and get students the help they need. I will update you on the final IEP in early May.

In addition to the evaluation, Ryan's grandmother sent an email to an individual at the State of Ohio, Department of Education. This note was forwarded on to others. Ryan's grandmother heard from Dr. Rosie Doughty. She was very interested in Ryan's case and asked that we update her with the results of the evaluation. I did call Dr. Doughty and left her a message with the positive results of the evaluation meeting. I also thanked her for showing concern and interest in our situation. She returned my call and I told her that the frustrating part was that these school districts can expel/suspend any student and not answer to anyone. That in my search for information/education for my son, I found many parents who have pulled their children out of the Forest Hills School District in order to home school. If my son had not been diagnosed with ADHD, he would still be tossed out of school like yesterdays trash. What is our community going to do when expelling these students (instead of helping) creates more problems? But then again, it won't be the School District's problem, will it!

Dr. Doughty gave us the phone-number of a group called SERRC in Southwest Ohio which is a Parental Mentoring group. They know parents rights and the rights of the student. They can provide guidance in such situations as ours. For those interested and in the Greater Cincinnati area their number is (513)563-0045.

Thanks Carol...