Settlement breached

[kcw]

I read on here all the time and there is always helpful information. After some fierce fighting with our public school system, a settlement was agreed and the results were ultimately the increased safety of students with LFTA's.  I really can't say more than that.  If less than a year, and multiple breaches of the settlement have ocurred, what would you do?  I must say that our previous attorney brought nothing to the table and would not seek advice from him.  One of my FA children was placed in private school because of previous issues at public school, and one still remains.  My wife doesn't want to create waves again with public school while I feel a contract is a contract.
Any thoughts?

Thanks

[twinturbo]

The issue is enforceability. With whom did the school district enter the settlement with? You, US DOE, or US DOJ? State authority? It doesn't sound like any regulatory body was involved but that you and the school had some sort of private contract for school policy.

School policy does not sufficiently cover any child in need of an individual, detailed 504 plan. School policy is under the authority of the school.

Start there, fill in the gaps where it's off to the extent you feel comfortable sharing and we'll go from there. BUT you will need to be open to the idea that strategy may have to be very different from here on out. You may have fallen prey to lip service administrative voodoo to keep you busy and out of the established processes to file a complaint.

[CMdeux]

 ^ Bingo.

Settlement in what kind of terms-- that's key.  If it was a settlement with YOU, then that may ultimately be unenforceable, unless you can show that they knew that they were dodging child-find obligations in so establishing that agreement with you to begin with.

Making waves may mean using federal law to make ground from here on out. 

If your settlement IS with the arbitration of a federal (or state) agency, consult the procedural safeguards portion of your documentation and start making phone calls-- at first, anonymous phone calls to OCR/DOJ helplines.  For advice.

[kcw]

More information.  Claim was filed in Federal Court per discimination issues/504 plan.  After 8 hours of mediation with Fed. judge, settlement was agreed upon.....reluctantly.  Exhausting process.  Specific actions noted in settlement to be carried out by school system have not been followed.  Initial discrimination issue has been repeated since the settlement.  Now in the 'what next, if anything' stage given the long and bitter battle over the last year.

note:  I may have sent an earlier reply but touchy fingers sent elsewhere possibly.

Thanks

[twinturbo]

Between what parties? School was on one end, the other is you?

Contrast this with Settlement Agreements that schools enter with the US Dept of Education and US DOJ Civil Rights Division.

You brought the action in a private suit, yes? We gotta cross this bridge together. We gotta.

[CMdeux]

Is your child a QID under federal law?  That is, has s/he been found eligible under IDEA or Section 504?

If so, then call OCR-DOE.  For technical advice. 

[kcw]

Yes, it was a private settlement (us and the school), and both children qualified for 504 plans and had them in place. One issue was that they had no food to eat during lunch often times because they were unwilling to offer substitutes.  They actually thought that was OK.

Thanks

[twinturbo]

Right. So the enforcement for 504 is US DOE OCR. They are responsible for the oversight of procedure and for the enforcement of Child Find, written 504 accommodations and violations thereof.

They have nothing to do with school policy, and please note the following: the obligation of 504 is to the extent of removing barriers for QID for access to benefits and services to the equivalent of nondisabled peers. It is not an instrument to change school policy for more than the individual. To make it beyond the removal of barriers for an individual is an overextension of the obligation.

The proof is in no enforcement. While it is true that some enforcement from OCR is less than stellar, DOE has the ability to hand off to DOJ settlements that are not abided by.

You want enforcement for your 504. OCR can either or both investigate that procedures were followed/violated, as well as 504 accommodations violated. They cannot initiate or in any way govern school district policy but for instances where it specifically represents a violation of laws or regulations such as stating that they don't do 504 for allergies as a policy.

So, not whether we agree with you or your wife but getting the 504 back on track. That is the next move.

Eligibility in writing, 504 accommodations. Violations reported to OCR. Hence, CM's advice to make a call to OCR for technical guidance. It's the same chain of command for us all.

[kcw]

Good stuff and thanks to the both of you.

[twinturbo]

Keep us in the loop if you can. It's a rough path with some great resistance at times. We'll do whatever we can to offer support, demystify, suggest solutions.

Stay strong.

[CMdeux]

Another helpful tip for you in light of what you've shared--

USDA program governs what happens with school lunch programs.  They have their own OCR, distinct from DOE.  They have their own phone number for technical assistance, as well.

You might dig a bit here using USDA as your search term-- there are lots of forms and guidelines for Section 504 pertaining to the school lunch program. 

[LinksEtc]

You might dig a bit here using USDA as your search term-- there are lots of forms and guidelines for Section 504 pertaining to the school lunch program.

Here are some ...

504 index - USDA

[daisy madness]

Was this mediation something that was a preliminary step after filing a due process complaint?  I know our state offers mediation as an option first once you file for due process before going before an administrative law judge.  If so, I believe it is binding.   

Also, consider calling OCR more than once.  I called twice about my situation and got 2 very different answers.  We are currently in the midst of an OCR investigation for our issues with the school.   

ETA - I just re-read and saw that this mediation was a part of a federal court claim.

If the issues are violations of your child's 504 plan, then definitely go to OCR.  And they are very helpful over the phone answering questions.