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Forest Hills Zero Tolerance Nightmare Supporting DocsBelow are the following linked documents supporting Carol's Story:
Ryan's Grandmother's Appeal to the School Board: When he was initially suspended, I was not too surprised. I know he can be mischievous and, at age 13, the hormone wars are raging. Still I was shocked when my daughter told me of Ryan's expulsion. I read all of the specific violations and went with Ryan and his mother to appeal this decision to the Assistant Superintendent. I am still dumbfounded that the expulsion was upheld. What Ryan did was just plain dumb. And he should most definitely be disciplined for his actions. But expelled for most of the school year? He brought no knives, guns or weapons of any kind to school. He made no threats, direct or indirect, at anytime, to anyone. If you read the accounts of everything he did, the quotes and actions, you will recognize that this is a child who needs help, not abandonment. I believe this action is a direct result of your Zero Tolerance program. Zero tolerance can, and does, bring about irrational intolerance and paranoia. I know the "Safe Line" is in place to protect all of our students. But it can also become a tool of misbehavior and vengeance. It's a great "Get Even" weapon. It can, and has, created vicious rumors based on anonymous calls. There is no way to confront the accuser. Yet one of these "Anonymous" charges was placed in Ryan's school record. I wonder, can you tell me the number of children who have been expelled from Nagel Middle School since it has opened? At the appeal, we asked if there was an alternative schooling program. We were told no, there's nothing. We were also informed that the school would not provide any curriculum, assignments or work/study programs. If Ryan and his mother wanted that, they would have to make arrangements with another student to bring home each day's work/study and homework assignments. In the meantime, you have a teenage boy home alone, with no supervision or direction. His mother cannot afford to hire a full time tutor or a private school. She just makes ends meet as it is. Ryan is at a time in his life when, more than ever, he needs structure and the companionship of his peers. Our pleas for help were met with indifference, and referrals to "School Codes or Ohio Revised Code 3313.66. I wonder, how many parents, or school board members for that matter, could find and correctly interpret the Forest Hills School Code (for your information they are inside the Student Planner). I wonder how many could find and interpret the Ohio Revised Code? That was a real challenge. Carol received no assistance with these issues. They just threw the code numbers at her, while they threw Ryan out of school. Ryan has had no schooling since December 7, 1999. This is wrong. We work very hard for the tax dollars that support our schools. Ryan is entitled to a free and appropriate education. This school system, by it's action, is placing Ryan at risk. If he doesn't belong in the classroom setting that he was in, that's fine. But please direct us to the appropriate system. Don't just throw him away like so much garbage. With this kind of behavior, it's no wonder we've become such a "Throwaway Society". I might add, this punishment is not just placed on Ryan. His younger sister is tormented at school about her brother being expelled, and his mother is suffering a great deal as well. By the way, after much reading, we discovered that we could appeal this expulsion to you, the Board of Education, on page 3 section (E) of the Ohio Revised Code 3313.66. No one at his school relayed this option to us. Please listen to what I have said. A boy's future and possibly even his life might depend on your decision in this matter. If you don't mind, I'd like to have a copy of the minutes of this meeting sent to me at the address below. Thank you for your time and consideration.. Betty C. Rudd
Nagle Middle School Mr. Stabile, On January 7, 2000, you were informed that my son, Ryan Robinson was attending the Mercy Adolescent Center. This was a program that was strongly recommended by Nagel Middle School. He attended this program from 12/27/99 through 01/21/00. During Ryan's participation in this program, he was diagnosed with Attention Deficit Hyperactive Disorder by Psychiatrist Dr. Rodney Vivian. As a result of this recent diagnosis, I am requesting that Ryan be evaluated for special education, i.e., individualization of services, to determine if a change in educational services are needed or required. According to both Public Law 94-142, Part B of the Individuals with Disabilities Education Act (IDEA), and Section 504 of the Rehabilitation Act of 1973 it requires that school systems make a "free and appropriate public education" available to eligible and qualified children with disabilities. Special education and related services must be made available to any child with a qualifying disability when the disability impairs the child's educational performance. On 09/16/91, the US Department of Education issued a Policy Clarification Memorandum expressly recognizing children with ADD/ADHD as eligible for special education and related services. Respectfully, Carol Wehage
cc: Mrs. Gay Glasscott, Counselor, Nagel Middle School
Mr. Robert Farrell, Asst Superintendent Dear Mr.Farrell: On 02/11/00 I received your certified letter stating that the decision was made to uphold the expulsion of my son Ryan. There is no explanation in your letter as to why the expulsion was upheld. During our phone conversation on 02/02/00, I asked you why you upheld the expulsion. Your response was that "it was the school's position that they were unsure of the predictability of Ryan." Is the school saying that they are "sure of the predictability" of the 1200 plus students currently attending school at Angel Middle School? I would like to know why you as the hearing officer and assistant superintendent made the decision to uphold the expulsion. Is the expulsion appeal hearing just a formality and the decision is left up to the principal who initiated the expulsion? I would also like why none of the items we presented at the hearing were addressed. Nothing we presented seems to have made any difference in your decision. Was our appeal lacking in effort, facts, information? I would like an explanation as to why our appeal had no impact on the change in expulsion. I would also like to know if there is any other recourse available to us within the school district to further our appeal. Your letter also stated that per my request, the school would do an evaluation for special education services for Ryan. This would include a multi-factor evaluation. If the evaluation was positive, then a tutor at home would be provided. In our phone conversation you told me that if the evaluation was positive, the placement team would meet to determine if services are to be supplied in the school or at home. 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 of our rights. I am requesting that all of my questions and concerns be addressed and responded to in writing. Respectfully
Carol M. Wehage
cc: Mr. John Patzwald, Superintendent-Forest Hills School District The reason for the expulsion as stated in the notice I received is, "Ryan ran in front of the audience at a concert, interrupting the show, screeching as he ran across in front of the stage. This is a violation of his suspension, and disruption of a school activity. Ryan was one of two boys who disrupted the concert. The other boy received two days suspension. The violation of suspension I will explain. Ryan was talking about the Colorado shootings and asked the boys he was sitting with in the cafeteria if they would ever bring a gun to school. Because of this conversation, Ryan received the maximum suspension of 10 days. This was a five day "out of school" suspension and 5 day "in school" suspension. At the end of the 5 day "in school" suspension, I received a call from the assistant principal telling me how well Ryan had done the past 5 days. That he had been the perfect gentleman during his "in school" suspension. That night, Ryan was invited by another student to go to the school chorus concert. As a result of the conversation I had with the assistant principal praising Ryan's behavior, and since he had been grounded at home with absolutely no privileges, I allowed Ryan to attend the concert with his friend. The suspension form does state that the suspension ends at midnight and that the student is not permitted on school grounds during the suspension. Since the last 5 days of Ryan's suspension was "in school", it was my interpretation that the current suspension ended at the end of the school day, at the end of the "in school" suspension. If this was a violation, then the violation was mine, not my son's. I informed the school, the hearing officer at the expulsion hearing as well as the assistant superintendent of the reason Ryan was present at the concert. I was told that it didn't matter, yet, they want to punish my son for my interpretation of when the "in school" suspension ended. On the strong recommendation of the school, I enrolled Ryan in the Mercy Adolescent Center for evaluation and assistance with behavior problems. At the expulsion hearing on 01/07/00, I provided a copy Ryan's diagnosis by psychiatrist Dr. Rodney Vivian. In this evaluation, Dr Vivian states that he had diagnosed Ryan with ADHD, Attention Deficit Hyperactive Disorder and that he was responding well to the medication. He further states that "I have no evidence to suggest that he presents a greater than average risk of violence in the community." The student regulations my son violated as stated on the expulsion letter, as well as problems associated with children with ADHD are as follows: School Code # 9 - Chronic misbehavior which disrupts or interferes with any school activity. ADHD behavior: difficulty controlling impulses, ie..risk taking. School Code #56- Any activity the student knows or should know will disrupt. ADHD behavior: impulsive thinking as well as behavior. School Code #42 - Disregard of reasonable direction or commands by school authorities. ADHD behavior: difficulty following instruction or rules. School Code #44 - MY VIOLATION, refusing to take detention or other properly administered discipline. It appears that my son has been expelled for having ADHD. I questioned the assistant superintendent as to why he upheld the expulsion. He told me "that it was the schools' s position that they were unsure of the predictability of Ryan." My question, Is the school sure of the predictability of the 1200 plus students at Nagel? We appealed the school's decision to the superintendents office. My question to the assistant superintendent was why the superintendents office upheld the expulsion. He simply referred to the Ohio Revised Code 3313.66. After reading the Ohio Revised Code 3313.66 several times, I am still no clearer as to why the evidence and facts we presented at the appeal hearing were never considered, addressed or had any impact on the expulsion.. My son made mistakes and should have been disciplined. The punishment he received far exceeds the violations. The Nagel Student Conduct Guidelines state that if I am dissatisfied with the results of the appeal hearing, I may further my appeal to the Hamilton County Common Pleas Court. In the Ohio Revised Code 3313.66 it states that I may appeal the expulsion by a superintendent or principal to the Board of Education. I am here tonight to appeal to this Board of Education to reconsider the expulsion of my son based on his medical disability and the severity of punishment that has been administered. To date, my son has missed 50 days of school. Carol Wehage |
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