From: robert.a.bourbon@hotmail.com
To: ifranklin@chclc.org;
jgallagher@chclc.org
CC: anneeinhorn@chclc.org;
capjanstar@comcast.net;
kathartist@gmail.com;
nancym110@mac.com;
tremper81@yahoo.com;
robertrusso@chclc.org;
sharongiaccio@chclc.org;
nancyodowd@chclc.org;
kenhartman@chclc.org;
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dcampbell@chclc.org
Subject: SEPTA's Input Re: Proposed Changes to Policy 5131
Date: Thu, 13 Sep 2007 01:23:28 +0000
September 12, 2007
Dear Ms. Franklin and Mr. Gallagher,
Pursuant to our conversation on September 11, 2007, and my
subsequent correspondence to you, and after conferring with
other SEPTA board members, I wish to expand upon SEPTA's
position regarding the proposed changes to Policy 5131 (Conduct
and Discipline).
Our position is that the proposed language is insufficient to
properly protect the rights of classified children, in several
material ways. Specifically:
1. There is no language stating who would be determining
elements A or B (The conduct in question was not caused by, or did
not have a direct and substantial relationship to, the child's
disability; or the conduct in question was not the direct result of
the district's failure to implement the IEP) or by what metric.
2. Element B (as above
referenced) is intolerably vague in its reference to "...not
the DIRECT (emphasis added) result of the district's
failure to implement the IEP." There is no defined
threshold for a determination of causation. Moreover, there is
no provision for the fact that classified children are
disproportionately victims of bullying; and in their efforts to
reasonably defend themselves from such abuse, they would likely
run afoul of the proposed policy.
3. Per element B, to properly
safeguard a classified child from discipline, the IEP would
necessarily contain such a volume of prophylactic language, so
as to unreasonably burden either the Child Study Team, the
classified child's parent, or both.
SEPTA is not now aware of any circumstances predicating a need to
change the existing policy. We have been told that the
district is motivated by a desire to conform its policies with
the IDEA; we however do not see or understand how the
proposed policy changes achieve that without creating additional and
unnecessary problems. While we understand the need for and support
the desire to maintain a safe and orderly learning environment, we urge
the district to resolve in policy the issues we have listed above.
We further ask that the Child Study Teams be incorporated
into any discipline processes established by way of the resulting
policies.
We appreciate your attention to these issues,
Sincerely,
Bob Bourbon
President
Cherry Hill Special Education PTA |
