We have exhausted every other option and now need to sue our school district. Please PM with any contact information or references.

Here's the deal as written up by my wife on FB. Thanks for any support you can give us.

 

http://www.facebook.com/notes/jessica-prizner-constantine/despite-its-recent-excellent-rating-by-the-state-the-lakewood-city-schools-flunk/10150351932436085

 

Despite it's recent excellent rating by the state, The Lakewood City Schools flunk when it comes to dealing with families.

by Jessica Prizner Constantine on Thursday, August 25, 2011 at 8:34pm

 

FACTS - My family was denied open enrollment for our youngest son Tanner at Lincoln where his older two brothers attend and now my 3 children are split between schools and my 5 year is at the center of a battle with the district administration. Our oldest son has special needs and it would not be in his best interest for him to switch schools.

 

 

 

WHY ARE WE AT LINCOLN?

 

We were enrolled at our home school, Grant. This class was cancelled and we were asked to be "accommodating" by the district. This happened the day before school started. We did not choose Lincoln, this was a decision initiated by the district. Our oldest son, Cameron's, kindergarten class was cancelled due to insufficient class size. We did not just switch schools because we thought Lincoln is better, we wanted our kids to go to Grant. We were unable to switch to the morning class at Grant because of Cameron's therapy in the morning and our middle son's preschool schedule, all paid for and impossible to change. We were verbally promised by the principal of Grant at the time, that our kids would all go to Lincoln. He never told me that I would be taking a chance that my children could be split at different schools. He never told me that this process was known as open enrollment and what the risks were. Our 3 children our so close in age that we would never split them up willingly. Conveniently he does not remember any part of our conversation. Last year our middle son was enrolled at Lincoln through School Choice under provisions of No Child Left Behind.

 

 

 

WHY SWITCHING SCHOOLS IS NOT IN THE BEST INTEREST OF MY CHILD'S EDUCATION

 

The administration has given us two choices: Split our kids or move all three to Grant. Neither choice is a good option for many reasons.

 

 

 

Our oldest son has pretty unique special needs that include low muscle tone, impaired motor planning skills, sensory integration dysfunction, anxiety and fine motor issues which basically make it impossible to write, making him dependent on adaptive technology to do his work in the classroom. He is not a textbook case and it takes time to really understand his needs and how to properly service them which Lincoln has spent 3 years doing.

 

 

 

Special Needs children should not be bounced around elementary schools - once they are comfortable and accepted in a educational environment they will flourish. Changing environments for no reason causes anxiety and behavioral problems.

 

 

 

There is only one third grade classroom at Grant. It has 25 students and is in a modular unit (trailer) Cameron's differences will be even more pronounced in a new environment where the students have been together since kindergarten. The students at Lincoln are used to Cameron's disabilities and barely notice them and if anything are protective and understanding.

 

 

 

There is NO room for my son's computer (needed because he cannot write) in Grant's 3rd grade classroom not to mention the cramped space in the modular unit would not be conducive for the many aides and therapists to come in and out throughout the day. It would also be a distraction for the rest of Grant's 3rd grade who would be constantly interrupted.

 

 

 

Grant's principal is willing to accommodate my son's special needs but thinks they are best served at Lincoln.

 

 

 

There is also no physical education teacher at Grant with adaptive P.E. training, necessary to legally enforce Cameron's IEP.

 

 

 

WHY WE ARE SO UPSET ABOUT THIS DECISION

 

Regardless, it is a bad policy to split siblings who want to be together and are very close in age. Why would a family want that? What is the benefit? Siblings close in age benefit from the emotional support and physical presence of seeing a family member during the day esp. students with disabilities. Children also have the opportunity to share friends & peer groups.

 

 

 

Lakewood's Open Enrollment Policy is a 'first come, first serve' basis but they go by an arbitrary time stamp of when the paperwork was processed at all seven elementary schools. Open enrollment began at 2 p.m. and our time stamp was 2:31p.m. We were second in line at Lincoln. Even the first person in line at Lincoln was denied. Currently we think we are third in line but are not certain.

 

 

 

The decision on Open Enrollment gave us exactly 3 work days to react before the start of school.

 

 

 

The assistant superintendent would not give us a face to face meeting to hear our case and would not give us access to the superintendent.

 

 

 

We suspect the Open enrollment policy was not fairly or responsibly administered by the Director of Teaching & Learning.

 

 

 

The administration will not give us a straight answer about why they will not grant our request for Tanner's open enrollment at Lincoln despite our compelling reasons & support of two principals.

 

 

 

My son's kindergarten class size is actually the same exact size at Grant that it would be at Lincoln. In fact, Grant's other K classroom is BIGGER than Lincoln's and they are telling us there isn't room at Lincoln. There is room at the Lincoln Kindergarten.

 

 

 

Tanner is separated from his brothers and openly cries when I drop him off each day. He doesn't comprehend why he can't go with them.

 

 

 

I have to interrupt Tanner's school day and pick him up 10 minutes early because school dismissal is at exactly the same time at both schools and I can't be in two places at once.

 

 

 

Lakewood is a walking district - meaning no buses. What if I didn't drive or didn't have a car? What would they expect me to do then? We loved walking to school and being a part of the school community & now that is taken away from us.

 

 

 

This is putting UNNECESSARY HARDSHIP ON MY FAMILY, INCLUDING MY OLDEST SON AND HIS SPECIAL NEEDS AND MY YOUNGEST SON'S EMOTIONAL STATE. Imagine telling your youngest, that he can't go to school with the big brothers he relies on for support and guidance. He is only 5 years old, yet is being thrown in the middle of this horrible situation.

 

 

 

WHO SUPPORTS US?

 

The principals at Grant & Lincoln, who were not listened to by the administration. Both called on our behalf but nothing changed as a result.

 

Cameron's therapists & psychologist

 

Countless staff, therapists, & teachers at Lincoln

 

Cameron's pediatrician

 

Our entire family including one family member who is a principal in a neighboring district.

 

Every family who has heard this story.

 

 

 

PLEASE SUPPORT US BY GETTING THE WORD OUT ABOUT OUR SITUATION. CALL THE BOARD OF EDUCATION AT 216-529-4092 or email the superintendent directly at [email protected]

 

 

 

PLEASE FEEL FREE TO E-MAIL US AT [email protected] for further questions/comments

 

 

 

We LOVE Lakewood and living here, but are beyond upset at this situation. We LOVE the teachers and support staff in the Lakewood Schools, this is not the issue here.

I don't know any education lawyers, but perhaps you could try emailing David Carney or Daniel Jaffe, who teach education law at Case Western? I don't know either of them personally, just a suggestion.

 

http://law.case.edu/FacultyResearch/MeetOurFaculty/FacultyDetail.aspx?id=92 - Carney

http://law.case.edu/FacultyResearch/MeetOurFaculty/FacultyDetail.aspx?id=884 - Jaffe

 

Also, you can always email the Cleveland Metro Bar Association and ask to be referred to someone who practices education law. http://www.clemetrobar.org/Contact_Us.aspx