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Superintendent only "break" school boundary for friends!


Guest Super MOM

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Have you not read that this child is ADHD... the mother isn't asking because of academics. Lincoln school is also a great school, it's not a matter of which school is better, it's a matter of what is best for the child.

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you crack me up!!! hahahahaha!!! unbelievable!!! so what ur sayin is that the mother alienated the people who could help her!!!! so u are confirming exactly what she said.... its all connections!! because she stood up for what she believed in, the "people" don't like her so they wont help her!!! hahahahaha!!!!!unbelievable!!!

just one question.... Have you even thought about the child?!?! that maybe it would be best for her to be in the other school?? or is it just a power trip ur on??? you haven't changed one bit!!!

Stop braying like a donkey long enough to think about what this mother did at an open meeting. She came very close to breaking the law and she brought undue attention to a process which by its very nature needs to be conducted with the utmost discretion. So do you think that maybe, just maybe, the board members who already were leaning in her direction, now have to second guess themselves because this loud mouth shone a huge spotlight on the situation? Now everybody is watching! Do they recommend granting her request at the risk of opening a "Pandora"s box; or looking like they caved because she is so vocal?

As for considering what is best for the child, I totally agree that a mother knows her child better than anyone and I believe that there is merit to her case, but the means don't justify the end and the mom's tactics were indefensible. She certainly wasn't thinking about the "other" child when she blabbed false information all over town.

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Have you not read that this child is ADHD... the mother isn't asking because of academics. Lincoln school is also a great school, it's not a matter of which school is better, it's a matter of what is best for the child.

I am confused,you keep bringing up adhd, is Lincoln school better equipped to handle adhd than other schools in Kearny? You say it shouldn't be about academics what should school be about. I am also posting as a person that was diagnosed late in life with add. I would want my child with a learning dis-order to be at the best academic grammer school the district had to offer. Your argument would make more sense if you were fighting to get your child into Roosevelt not out. Why is Lincoln best for this child? The reply of adhd rings hollow.

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Its OK Super Mom... you messed up by saying one child's name. It would have been better if you had the whole list of children and said it all at the same time!!!!! That way that one family would not have been singled out!

The people trying to pull you down are just mad that the truth shall be revealed. They don't know you, know that your kids are in daycare, and you have people (who love you) to bring your older children to school.

They are just assuming that you don't want to walk?! Wow. Get a grip people! Don't get mad because someone told your secret. You are all going to be revealed sooner or later. The thing that should of happened was to accommodate a ADHD child in need so none of this would have happened. The blame goes to the BOE and the superintendent (who did NOT want to help).

Supermom is lucky the other girls mom didn't file harrassment charges against her. She did more than just call out a little girls name in public and she knows it!

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Guest Open The Box!

Stop braying like a donkey long enough to think about what this mother did at an open meeting. She came very close to breaking the law and she brought undue attention to a process which by its very nature needs to be conducted with the utmost discretion. So do you think that maybe, just maybe, the board members who already were leaning in her direction, now have to second guess themselves because this loud mouth shone a huge spotlight on the situation? Now everybody is watching! Do they recommend granting her request at the risk of opening a "Pandora"s box; or looking like they caved because she is so vocal?

As for considering what is best for the child, I totally agree that a mother knows her child better than anyone and I believe that there is merit to her case, but the means don't justify the end and the mom's tactics were indefensible. She certainly wasn't thinking about the "other" child when she blabbed false information all over town.

I hope she does open "Pandoras's Box". Than everyone will see just one of the many secrets of the Super and his sideshow! The only people that are pis$ed off are the people who got "taken care of" by Frank and now are going to be exposed. This isn't about speaking a kids name, this is about favors once again for family and friends. Remember it is never about the kids!

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All these parents who want their kids to get into a good school (Roosevelt?) shoud really consider just moving away from Kearny to a district that has ALL good schools. Homes/apts might be a little more expensive that Kearny but th cost would be no more than paying Catholic or private school tuition.

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Guest Super MOM

#1- Ive already apologized for stating the other child's name both publicly and to the other mother.

#2- I will open any box including pandora's for what I feel is best for my children.

#3- No harassment charges were filed because there was no harassing going on. I did absolutely nothing wrong other than publicly name another child.

#4- The ADHD issue is that my daughter has been on various doses of various medications, including one that caused her to faint in our home. Being that we are still experimenting with medication I fear that something might go wrong, and I've been informed by the Roosevelt School faculty that the nurse isn't there all day. Lincoln School is only one block from my home and my son attends that school, I would be able to be there in less than 5 minutes, should an emergency occur, and no I'm not a doctor I'm a mother.

#5- I have NOT broken any laws! I tried the discreet approach and it got me a.... "It's your problem you figure it out" and a .... "boundaries are boundaries and I won't break them for you or anyone else"... When in fact that's a LIE.... Boundaries have been broken for numerous children, so why discriminate mine???

#6- I will shine as many spotlights to this situation as necessary and my loud mouth isn't going anywhere, or is it going to stop until I feel that my daughter's best interest has been achieved. Whether that is achieved at the risk of opening a "Pandora"s box; or looking like they caved because I am so vocal doesn't matter!!! I don't care!!! Like me Love me or Hate me, it really makes no difference as long as my daughter's needs have been met.

#7- You are absolutely right!!! I was not thinking about the "other" child when I said her name, and again I said I was sorry but in reality I'm looking out for my own. Had FD allowed my daughter to attend the school that both her doctor and I felt was best for her none of this would be going on. PERSEVERANCE AND DETERMINATION!!! I always have and always will do anything I have to do to make sure my children's best interests have been met.

I also wanted to mention that I have been made aware of many other children the are in schools outside their boundaries, Its amazing the information that is available when you look in the right places, and again why is my child being discriminated???

I'm a mother fighting for my kids, don't get mad because I'm not stopping at a NO, I will fight for them with all my might and I will go as far up in the chain of command as necessary. Just like any other mother should!!! I'm holding off on the media because I don't want this to get any bigger!! I didn't even want it to go this far!! But I'm in it to win it, and I'm going to do whatever I have to do ... So please stop with the insults and open your eyes, I'm not out to hurt anyone. I just want equal rights for my daughter. Is that really so bad???

Thanks everyone for your input, it is all appreciated both positive and negative, and hopefully one day you will get to know that I'm actually a very nice person, and a very devoted mother.

--Super MOM :)

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#1- Ive already apologized for stating the other child's name both publicly and to the other mother.

#2- I will open any box including pandora's for what I feel is best for my children.

#3- No harassment charges were filed because there was no harassing going on. I did absolutely nothing wrong other than publicly name another child.

#4- The ADHD issue is that my daughter has been on various doses of various medications, including one that caused her to faint in our home. Being that we are still experimenting with medication I fear that something might go wrong, and I've been informed by the Roosevelt School faculty that the nurse isn't there all day. Lincoln School is only one block from my home and my son attends that school, I would be able to be there in less than 5 minutes, should an emergency occur, and no I'm not a doctor I'm a mother.

#5- I have NOT broken any laws! I tried the discreet approach and it got me a.... "It's your problem you figure it out" and a .... "boundaries are boundaries and I won't break them for you or anyone else"... When in fact that's a LIE.... Boundaries have been broken for numerous children, so why discriminate mine???

#6- I will shine as many spotlights to this situation as necessary and my loud mouth isn't going anywhere, or is it going to stop until I feel that my daughter's best interest has been achieved. Whether that is achieved at the risk of opening a "Pandora"s box; or looking like they caved because I am so vocal doesn't matter!!! I don't care!!! Like me Love me or Hate me, it really makes no difference as long as my daughter's needs have been met.

#7- You are absolutely right!!! I was not thinking about the "other" child when I said her name, and again I said I was sorry but in reality I'm looking out for my own. Had FD allowed my daughter to attend the school that both her doctor and I felt was best for her none of this would be going on. PERSEVERANCE AND DETERMINATION!!! I always have and always will do anything I have to do to make sure my children's best interests have been met.

I also wanted to mention that I have been made aware of many other children the are in schools outside their boundaries, Its amazing the information that is available when you look in the right places, and again why is my child being discriminated???

I'm a mother fighting for my kids, don't get mad because I'm not stopping at a NO, I will fight for them with all my might and I will go as far up in the chain of command as necessary. Just like any other mother should!!! I'm holding off on the media because I don't want this to get any bigger!! I didn't even want it to go this far!! But I'm in it to win it, and I'm going to do whatever I have to do ... So please stop with the insults and open your eyes, I'm not out to hurt anyone. I just want equal rights for my daughter. Is that really so bad???

Thanks everyone for your input, it is all appreciated both positive and negative, and hopefully one day you will get to know that I'm actually a very nice person, and a very devoted mother.

--Super MOM :)

With all your ranting and raving, you still haven't addressed one of the central issues here: How do you know why the "other" child was accommodated? You maintain that there is no valid reason other than connections. Tell us how you know that! Can you smell diabetes? Or sense a heart murmur? Or mysteriously detect emotional trauma? Just because you don't know the situation, doesn't mean it doesn't exist. Your vitriol against this other family was based solely on assumption, misinformation and maybe a little jealousy. Shame on you!

BTW: You claim ALL you did was say the family's names out loud at a public meeting and have since apologized for it. That's quite enough, don't you think? And the "I'm sorry" was too little, too late and came after you were feeling a little heat. I ain't buying it.

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Guest Surprised Resident

I would recommend that SuperMom and the parent of any Kearny child whose request to attend an out of district school or who has been subjected to a residency hearing for not attending the districted school to seek legal advice. I think there is a very good argument for a Sec. 1983 civil rights claim. If there's government action that's not being done equally, as alleged here, and a child denied a transfer request or subjected to a residency hearing is in a protected category under Section 1983, as is the case here, the school district is liable for compensatory damages. If the unequal actions are done knowingly by school officials, there is an argument that personal liability may attach as well.

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Guest Super MOM

With all your ranting and raving, you still haven't addressed one of the central issues here: How do you know why the "other" child was accommodated? You maintain that there is no valid reason other than connections. Tell us how you know that! Can you smell diabetes? Or sense a heart murmur? Or mysteriously detect emotional trauma? Just because you don't know the situation, doesn't mean it doesn't exist. Your vitriol against this other family was based solely on assumption, misinformation and maybe a little jealousy. Shame on you!

BTW: You claim ALL you did was say the family's names out loud at a public meeting and have since apologized for it. That's quite enough, don't you think? And the "I'm sorry" was too little, too late and came after you were feeling a little heat. I ain't buying it.

Dear D.A.

All I can do is apologize if that's not enough for you I don't care because it seemed like it was enough for the other mother. Quite honestly, at this point it does not matter the reason for the other girls accommodation.

The fact is that she was and so were other children. I'm not one bit jealous, I'm ANGRY!! I'm not feeling any heat, a couple of officers following me to a coffee shop doesn't intimidate me at all... It actually adds fuel to my fire. I don't know you or care if your "buying it"

Have a great day

--Super MOM

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Guest Super MOM

I would recommend that SuperMom and the parent of any Kearny child whose request to attend an out of district school or who has been subjected to a residency hearing for not attending the districted school to seek legal advice. I think there is a very good argument for a Sec. 1983 civil rights claim. If there's government action that's not being done equally, as alleged here, and a child denied a transfer request or subjected to a residency hearing is in a protected category under Section 1983, as is the case here, the school district is liable for compensatory damages. If the unequal actions are done knowingly by school officials, there is an argument that personal liability may attach as well.

Thank you "surprised resident" I might just have to do that, I was hoping to get it resolved without any legal action, but unfortunately it seems that it has come to that.

--Super MOM

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Guest No More Apologies

Dear D.A.

All I can do is apologize if that's not enough for you I don't care because it seemed like it was enough for the other mother. Quite honestly, at this point it does not matter the reason for the other girls accommodation.

The fact is that she was and so were other children. I'm not one bit jealous, I'm ANGRY!! I'm not feeling any heat, a couple of officers following me to a coffee shop doesn't intimidate me at all... It actually adds fuel to my fire. I don't know you or care if your "buying it"

Have a great day

--Super MOM

Super Mom, do yourself a favor, do not apologize anymore! One time was too much. You should have had your very legitimate request granted upon presentation to the Super. Instead he blew you off because you are nobody to him. If he had done his job and reviewed the facts you provided he would have made the right decision. Now he has to deal with a $hit storm which he created. As far as these critics stating you mentioned a girls name in public, let me guess, it was at a BOE meeting and if so, what was there about 7 people, not including board members in the room? So, pay no attention to the people bitching, they are the ones who are abusing the system for their own convienence and with personal favors being granted.

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Dear D.A.

All I can do is apologize if that's not enough for you I don't care because it seemed like it was enough for the other mother. Quite honestly, at this point it does not matter the reason for the other girls accommodation.

The fact is that she was and so were other children. I'm not one bit jealous, I'm ANGRY!! I'm not feeling any heat, a couple of officers following me to a coffee shop doesn't intimidate me at all... It actually adds fuel to my fire. I don't know you or care if your "buying it"

Have a great day

--Super MOM

Kudos to you!

One sincere appology is enough, you don't need to appologize to anyone except one mother ,and if she dosen't accept it then thats her problem, appologizing to anyone else is not appropriate and D.A. has no right to demand it over and over again. You don't have to beg for any forgiveness. If anything, maybe FD should appologize to you! I don't know what the total situation is, only from reading all of this, but, I think it's unacceptable not having an explanation to your request not being granted.

With that being said, I do however wonder if Lincoln School can accomadate ADHD students. When my kids were in school, I was under the impression that Roosevelt had a great program for the towns ADHD students and they were all bused from their home to and from school. (What happaned to that program?) and if that is the reason for denial, why can't they allow your son to tranfer to Roosevelt so that your daughter can be more comfortable knowing her big brother is near by to her, and you can all walk to school as a whole family without being split up?

Again, I don't know the entire situation, but, I think that the BOE should work with you and together come up with a solution to your problem.

Please just ask youself this one thing, "Is Lincoln School the best place for my daughter?"

Keep your chin up and remember that old saying: "Be carefull for what you ask for, you just might get it"

I wish you all the best,

An old Class Mother

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Guest Legal Beagle

I would recommend that SuperMom and the parent of any Kearny child whose request to attend an out of district school or who has been subjected to a residency hearing for not attending the districted school to seek legal advice. I think there is a very good argument for a Sec. 1983 civil rights claim. If there's government action that's not being done equally, as alleged here, and a child denied a transfer request or subjected to a residency hearing is in a protected category under Section 1983, as is the case here, the school district is liable for compensatory damages. If the unequal actions are done knowingly by school officials, there is an argument that personal liability may attach as well.

Hogwash! There is no evidence here of preferential or discriminatory application of any civil rights statutes. In the most obvious of cases, discrimination is very, very difficult to prove. In cases such as this, where discretionary powers, which are mostly subjective, are exercised, it is nearly impossible. Both parties submitted requests, the discretionary authority rendered a decision based on criterial documentation. Just because SuperMom didn't receive the decision she was hoping for, does not indicate a prejudicial rendering. This situation simply does not meet the standard of discrimination.

If anything the family of the "other" child might have a stronger violations claim, in that it would seem that some confidential school information (whether valid or not) was leaked to SuperMom. If an investigation were to prove collusion, both SuperMom and her source would be liable.

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I'm a friend of the "other mother" and I have her permission to write this...If this really is just about "one girl" then why blurt out the other little girl's name at the Board meeting? why try to contact her at school? why have her followed home by three teenage boys? Good for Super Mom that she's doing what she feels is best for her daughter, but she's not the only mother who feels that way. You have no way of knowing anybody else's reasons or circumstances for requesting their child be in one school rather than another. Fight for your daughter, but leave other people and their children out of it!!!

This post says it all (ps supermoms don't drive without a license or speed with their kids in the car)

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Why is ******* allowing a Garfield District child attend Roosevelt School with no valid reasons, but will not let an ADHD child attend a school closer to home ??? Even after the childs doctor has requested these accomodations!!! Is it because the child that is supposed to attend Garfield School the child of a Kearny School teacher??? or is it because her ********** is a long time councilwoman, and the newly appointed ****** *****??? .... DISCRIMINATION IS ILLEGAL!!!

Have you had your child classified as a 504? If not, why are you waiting? You want privledges, but aren't following the proper procedure. If your child is classified as a special needs student, she will be accomodated. If she isn't, then you will as a discrimation case under the ADA (American with Disabilities Act)

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Guest Surprised Resident

Dear Legal Beagle,

Hit those lawbooks again!

First question a court would look at, is there the denial of an equal educational opportunity? The argument that the denial of a transfer request for Child A from Garfield to Roosevelt and the granting of the request to Child B (same age) lays the foundation. (Compare test scores and class sizes of the two schools.)

Second question, is the denial of the transfer based on a factor such as race or ethnicity (probably not) or does a racial or ethnic pattern emerge as an impact from the school's disposition of transfer requests? The denial at issue falls in two protected categories: disability and ethnicity.

SuperMom should definitely consult a lawyer.

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Guest Helen McDonnell

apologize for mentioning the other little girls name at the board meeting, im sorry REALLY sorry... She has nothing to do with this. Wether you are a friend of her mother or her mother I just want to clarify a few things:

1: when I received the anonymous letter I couldn't believe that there were other students attending schools out of their boundaries, it was the first shine of hope. I wanted to know what legal rights this little girl had for the "exception" then I was informed that it was just due to her family members, I got upset and acted wrongly! She is a child, I have 4 of my own and wouldn't like it if someone did that to my child. Again I apologize, I was wrong.

2: I never tried to contact her at school, my daughter has overheard my conversations and approached the little girl saying that I wanted to know who she was. I didn't ask her to do that but she is only 7, she thought she was helping me. She meant no harm, and neither did I.

3: My son was walking to his friends house from school, it's in the same direction. My son is aware of all that is going on, we met up after I picked up my daughter up from school, and as we walked past her house he said "that's my teachers daughter" She wasn't followed by 3 teenage boys, they were all walking on the same street after school. I already new she lived there. We didnt "follow" her.... She lives by my home and goes to the same school as my daughter, it's only expected that we would all bump into each other at one point or another. No one has any intentions in harming anyone, I'm sorry she felt that way. I've been approached by the police and told to cross the street if I see her, that's ridiculous. I don't get my children involved in my battles, I'm not gonna have them interrogate or follow anyone.

But what upsets me is that she is not the only one, Ive received more letters, emails, phone calls with names of a lot of other children that are in other schools then they are supposed to, and "coincidently" they all have some sort of affiliation with school faculty, BOE, and city officials. The number of other children is rather large so that being said, why is my daughter being discriminated? Im not going to mention anyone publicly, I'm sorry I mentioned yours or your friends. But I will be notifying the county superintendent, the NJ state board of education, and I'm preparing letters to the governor. I have retained an attorney, I'm just fighting for my daughter. I want my daughter to have the same rights as all these other children. So again I just wanted my apology to be made public, Im not a bad person and I dont want to harm anyone in my fight, but Im not quitting or backing down.

In response to the other poster: why should my daughter be home schooled? Im trying to make her life as normal as possible. SCHOOL, FRIENDS, ACTIVITIES!! I've been told by someone that works at the school that the nurses are NOT there all day, and last year I had picked up my daughter for a doctors appointment and she had hurt her finger, we waited TEN MINUTES for a band aid because the nurse was not in the building and supposedly no one was able to get one for her. Yes they have certified supervision, and I would only hope that they would call for emergency services no matter what school she is in. I just want to be able to be there quickly, you must understand this is all very scary for a 7 year old little girl, and having her brother there is only added comfort. I don't drive, yes that is what changed. I walk my daughter to school and pick her up my other 2 babies are now going to daycare, so it has made things easier. I have stopped giving my daughter her medication because I'm scared. Please understand she has been through a lot, the day she passed out at home because of the side effects of the medication was probably one of the scariest days of our lives. My family and I are just fighting for what we, along with her doctor believe is in her best interest. Is that so bad?? The only thing Ive done that I regret in this battle is identifying publicly another child, other than that this is only the beginning and I will not stop until I feel comfortable enough with my daughters safety and well being.

I am working with the special services department but ADHD is very tricky... I'm glad this discussion board has sparked so much interest with so many views & responses, maybe in my fight I will be able to help some other parents along the way. Everyones comment both positive and negative are valued.

Thanks :)

OK, Super Mom, here is what I think. You say your 7 year old daughter just happened to over hear your conversation? Or is it many conversations? And that your son is aware of all that is going on, BUT yet you say you don't get your children involved? Are you Kidding Me? What kind of a mother are you? I don't say that you don't have a problem, but there are ways of doing this without publicly embarrassing your family and most of all your innocent children. If you are going to do this and that, do it without publicly embarrassing your children. You have an outlet for your frustrations, albeit, this god awful website, but what outlet do your children have? Dr. Phil would rip you apart. Stop this nonsense now or Dyfus will be called for the emotional turmoil you are causing your children because of an adult fight! Where is the father of these children in all of this? You are emotionally damaging your children by playing this out in public. Haven't we learned anything from that sweet young man at Rutgers who just comitted suicide because of a bully who posted his private life on the internet? You are no better than the students who video taped these acts and put them on the internet for all to see Although you haven't posted a video, you are posting way too much and exposing your children publicly to way too much. I hope you get it!

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Kudos to you!

One sincere appology is enough, you don't need to appologize to anyone except one mother ,and if she dosen't accept it then thats her problem, appologizing to anyone else is not appropriate and D.A. has no right to demand it over and over again. You don't have to beg for any forgiveness. If anything, maybe FD should appologize to you! I don't know what the total situation is, only from reading all of this, but, I think it's unacceptable not having an explanation to your request not being granted.

With that being said, I do however wonder if Lincoln School can accomadate ADHD students. When my kids were in school, I was under the impression that Roosevelt had a great program for the towns ADHD students and they were all bused from their home to and from school. (What happaned to that program?) and if that is the reason for denial, why can't they allow your son to tranfer to Roosevelt so that your daughter can be more comfortable knowing her big brother is near by to her, and you can all walk to school as a whole family without being split up?

Again, I don't know the entire situation, but, I think that the BOE should work with you and together come up with a solution to your problem.

Please just ask youself this one thing, "Is Lincoln School the best place for my daughter?"

Keep your chin up and remember that old saying: "Be carefull for what you ask for, you just might get it"

I wish you all the best,

An old Class Mother

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Quick question...has anyone checked the class sizes at Lincoln? - like most of our schools the classes are bursting at the seams. Has anyone bothered to see if there is any room for that child. Many of our schools have multiple classes of 25, 26, 27, 28 kids.

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Guest Legal Beagle

Dear Legal Beagle,

Hit those lawbooks again!

First question a court would look at, is there the denial of an equal educational opportunity? The argument that the denial of a transfer request for Child A from Garfield to Roosevelt and the granting of the request to Child B (same age) lays the foundation. (Compare test scores and class sizes of the two schools.)

Second question, is the denial of the transfer based on a factor such as race or ethnicity (probably not) or does a racial or ethnic pattern emerge as an impact from the school's disposition of transfer requests? The denial at issue falls in two protected categories: disability and ethnicity.

SuperMom should definitely consult a lawyer.

Don't need to consult the books on this one. Unless SuperMom is changing strategies, even she has never cited unequal educational facilitation as her basis. Nor has she played the ethnic card which would clearly not apply in a town with as diverse a school population as Kearny. Her concern is rooted in the child's medical situation and her ability to reach the child in an emergency. If those concerns are adequately addressed by a prescribed protocol i.e. proper adult supervision and close proximity of first responders, then I don't see how it makes a difference which school the child attends, especially if the parent/guardian would be responding from the workplace or any location other than the home.

None of the criteria you cite are implicit in this case. In cases of placement exception, each case is decided on its own merit and at the discretion of a predesignated entity.

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Guest Super MOM

First off I would like to say that super moms are super moms because they do what they have to!!! Yes my daughter is once again getting evaluated by the child study team, but as I've stated before ADHD is very tricky and doesn't in it's own qualify for special education, but we are evaluating again just to be sure... There seems to be better resources at Lincoln because it's a Title One School, such as basic skills to help my daughter because she is now almost at the point of failing the 1st marking period of 2nd grade :( ... And that breaks my heart !!! There are resources in all the schools for special Ed, but she wasn't classified before so we will see what happens with that.

As for the coments for the surprised resident, I have consulted 2 attorneys today that said you are absolutely right :) .... And the Child Advocacy of NJ also agreed, but again I hope all that isn't necessary

Thanks Everyone -- I'm just reaching out for as much info and resources as possible :)

-- Super MOM

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Guest SuperMOM

Dear Helen

If at any time you feel a child is in any type or danger or emotional turmoi you should definately call dyfs, if you need their number I'll be more than happy to provide them for you :) .... As far as my family I will do what I think is in their best intrest, whether you and "dr phil" agree or not. As far as what kind of mother I am you would never understand because obviously if you even have children wouldn't even compare... So that being said keep your nasty comments to yourself or better yet keep them coming, at least people will know just how you are.

I hope you have a very pleasant day.

--SuperMom :)

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Guest Surprised Resident

Don't need to consult the books on this one. Unless SuperMom is changing strategies, even she has never cited unequal educational facilitation as her basis. Nor has she played the ethnic card which would clearly not apply in a town with as diverse a school population as Kearny. Her concern is rooted in the child's medical situation and her ability to reach the child in an emergency. If those concerns are adequately addressed by a prescribed protocol i.e. proper adult supervision and close proximity of first responders, then I don't see how it makes a difference which school the child attends, especially if the parent/guardian would be responding from the workplace or any location other than the home.

None of the criteria you cite are implicit in this case. In cases of placement exception, each case is decided on its own merit and at the discretion of a predesignated entity.

I see that you're hedging somewhat by starting your response with SuperMom "never cited...." That's precisely the reason why I said she should consult a lawyer. It doesn't matter what argument she has raised or hasn't raised to date, the fact is her child falls within at least two protected categories under federal civil rights law. By characterizing one of those categories as "playing an ethnic card", you're pre-judging her circumstances and, even worse, dismissing rights she has under federal law. That's not playing a card. That's following the law.

Now here's why you should hit those legal books again: whether her child has been denied an equal education opportunity would be determined not only on her particular cirumstances but also the circumstances of every child granted or denied a transfer request in her age group. That way you can assess whether she received equal treatment. So, Legal Beagle, unless you have personal knowledge of the ethnicity, race and disability status of all other children in the age group who were approved or denied a transfer request, you can't reach your conclusion. Reconsider your legal advice.

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