Fox C-6 Watchdogs Facebook page and Fox's 504 Manual Available to the Public

The FoxC6Watchdogs Facebook page is now accessible to users who aren't on Facebook.

https://www.Facebook.com/FoxC6Watchdogs

Facebook will prompt you to Log In or Create New Account. However, you don't have to Log In or Create a New Account to scroll through and read the posts.

After scrolling through some of the content on the FoxC6Watchdogs page on Facebook, a large window will popup, prompting you to Log In or Create New Account. When that happens simply click on NOT NOW at the bottom of the window to continue reading post on the Fox C-6 Watchdogs Facebook page.

There's been a lot of content that was posted on Facebook that wasn't posted this blog.

It Only Took 11 Years to Update Fox's 504 Manual 

Recently, I wrote on the Fox C-6 Watchdogs Facebook page about Fox finally get their Section 504 Manual updated and approved by the U.S. Department of Education's Office for Civil Rights (ED OCR).

Just about everyone I talk to about what we've dealt with in trying to get changes made in our school district can't believe how long OCR has taken to do their job. OCR claims that they do "vigorous enforcement" of the law. Perhaps they should come up with a better catch phrase.

One statement I heard a lot over the past 11 years from OCR was, "We're hoping to get it done soon." when I would ask them about the March 2010 District Wide Compliance Review investigation. I got the same response when I asked about reviewing the 504 Manual that the district submitted to ED OCR in December 2018.

It took ED OCR five-hundred and one (501) days to do review Fox's 504 manual before issuing a monitoring lettering approving the changes that they agreed to make in the March 2018 Resolution Agreement.

I'm glad that ED OCR didn't tell me, We're hoping to get it done someday., because who knows if Fox's 504 Manual would have ever gotten updated and posted online.

At least for now, Fox's 504 Manual is online and can be downloaded by the public.

Fox's Updated 504 Manual
You can download a copy of Fox's new 504 Manual from the district website using the link below:

Fox C-6's Section 504 Manual

Kansas City Kansas Public Schools 504 Manual

Even though Fox has finally posted their 504 Manual for the public, I highly recommend reading the Kansas City Kansas Public School District's 504 manual for comparison. You can find a copy of it using the link below.

The Kansas City Kansas manual has searchable text as well as many more references and examples regarding Section 504.

Kansas City Kansas Public Schools
Section 504 Manual

Kansas City Kansas Public Schools
Section 504 Parent's Guide

In March 2020, I sent the link to the Kansas City Kansas Public School's Section 504 Manual to Fox's 504 Coordinator because I thought it was one of the best examples of a 504 Manual that I had found to date.

Hopefully, in the near future, Fox will make some improvements to our Section 504 Manual. Some of the things that could be improved are:

• Making it text searchable
• Adding a Table of Contents
• Adding more information about Section 504 Law such as prohibiting retaliation
• Adding more examples of students who qualify for Section 504

ED OCR Resources for Section 504

ED OCR published an excellent Parent and Educator's Resource Guide to Section 504 in Public Elementary and Secondary Schools in 2016.

The Parent and Educator's Resource guide as has 11 scenarios including one about retaliation related to Section 504. This guide was not available in 2008 when we requested a Section 504 Plan from the district.

Typing in the Appropriate Testing scenario entry below reminded me of when the district's attorney gave us an example of what a district doctor may want to do. He gave us an example as reason as to why we may want to revoke our consent to an independent evaluation by the district. 

Under Section 504, school district's are allowed to hire their own doctor's or specialist to do an independent evaluation.

The district attorney's example as a reason to revoke consent was as follows: If the district's doctor decided that they wanted to hang our child upside down by her ankles for 3 weeks and we didn't want them to do that type of a test, we could revoke our consent for the independent evaluation.

The district attorney followed up his example by letting us know that if we decided to revoke our consent to an independent evaluation, then the 504 process would end here and now. I'm hoping that our school district's attorney at the time (May 2009) isn't reflective of what other parents may have to go through when requesting a 504 plan.

This kind of behavior by a school district attorney didn't reflect well on the attorney nor our school district. I've shared that story many times. I can say that it didn't sit well with me. But, that was just the tip of the iceberg.

Scenarios In OCR's Resource Guide to Section 504

• Scenario 1 - Suspected Disability & Evaluation
• Scenario 2 - Suspected Disability & Involvement of Knowledgeable People 
• Scenario 3 - Disabilities in Remission
• Scenario 4 - Appropriate Testing
• Scenario 5 - Timeframes for Evaluation
• Scenario 6 - Disagreement Over Need to Evaluate
• Scenario 7 - Reevaluations and FAPE
• Scenario 8 - Accessibility
• Scenario 9 - Unjustified Different Treatment
• Scenario 10 - Procedural Safeguards
• Scenario 11 - Retaliation

Ultimately, whether or not your child qualifies for a Section 504 Accommodation Plan is up to the 504 Team at your school.

You can download a copy of ED OCR's December 2016, Parent and Educator's Resource Guide to Section 504 in Public Elementary and Secondary Schools using the following link:

ED OCR's Parent and Educator's Resource Guide
to Section 504
in Public Elementary and Secondary Schools

Fox C-6's 504 Manual Finally Updated After 11 Years

On Friday, May 8, 2020 at 10:03PM, I received an email from Fox’s Section 504 Coordinator informing me that Fox updated the district’s 504 manual and posted it on the district’s website. It’s too bad that the updated manual still didn’t meet the terms of the March 2018 Resolution Agreement. I’d like to know who reviewed the changes in the U.S. Department of Education’s Office for Civil Rights (ED OCR). It’s taken more than 11 years to make changes to Fox’s 504 Manual and it’s still not correct. Add to that, the fact that you can’t search for text in the new manual. So, parents, staff and administrators are going to waste a lot of time having to read the entire 71 page document to find something unless they have access to optical character recognition software that can turn images of pages into a searchable document. In Friday night’s email, I was informed that Fox had received feedback from ED OCR and that OCR had “approved” the district’s updated 504 Manual. A link to the updated document was included in the email. Here's the link sent to me: https://www.fox.k12.mo.us/departments/special_education Here's a direct link to Fox's webpage where the 504 Manual is listed: https://www.fox.k12.mo.us/departments/special_education/504_manual

Fox's 504 Manual has not been available on the district website until now. Here is a direct link to Fox's 504 Manual in PDF format: (This link may change with updates to the manual.) https://www.fox.k12.mo.us/common/pages/DisplayFile.aspx?itemId=37088403

Fox Originally Agreed To Update 504 Manual by June 2009 Fox’s Section 504 Manual and Procedural Safeguards document was originally supposed to be updated by June 2009 according to a Resolution Agreement that Dan Baker signed with ED OCR on May 1, 2009. Fox didn’t meet that June 2009 deadline. And, when Fox didn’t meet that original deadline, OCR gave Fox a new deadline. And, when Fox didn’t meet that deadline, OCR gave them another deadline and another and another. After a few missed deadlines, Fox refused to make some of the changes they had agreed to. There was a concerted effort to drag this issue out for years. But, before Fox’s 504 Manual was ever updated, the law firm representing the district was canned when the internet scandal became public involving former superintendent Dianne Brown-Critchlow and former 504 Coordinator Dan Baker. However, prior to being canned, the district’s law firm was able to bill tens of thousands of dollars related to the ongoing 504 issues at Fox between March 2008 and June 2014. Getting back to the recently updated Section 504 manual, it’s really interesting that Fox finally got around to updating the 504 manual just one week after I wrote about Fox not updating the district’s Section 504 Manual after 11 years after agreeing to do so. I was quite surprised to see the email from our district’s 504 Coordinator. I didn’t see it until early Saturday morning since it was sent to me at 10:03PM Friday night. I clicked on the link and began reviewing the document to see if the changes had been made as required by the terms of the March 2018 Resolution Agreement. There were at least 3 things that didn’t get updated as agreed to in the resolution agreement. It makes you question who reviewed the change or if the changes were actually reviewed and “approved” by ED OCR. I’ll have to make a Sunshine Request and a Freedom of Information Act Request to see if ED OCR actually approved the changes or not. The March 2018 Resolution Agreement spelled out exactly what needed to be replaced and/or updated in the 504 manual to comply with federal law. It also required including at least two examples of students who would qualify for Section 504. Fox also agreed to increase the amount of time that a parent can file an appeal to a 504 decision from 10 calendar days to at least 90 calendar days. This didn’t get updated in the “approved” Section 504 Manual that was posted on the district website.

The language in Fox’s updated 504 Manual still states: “If a parent, legal guardian or eligible student intends to challenge the action proposed or refused by the District, the parent/guardian or eligible student must file a written request for 504 Due Process Hearing within 10 calendar days from the date of the District’s written notice of the proposed or refused action.” The current name and job title for Fox's 504 District Section 504 Coordinator is not correct. It's no longer the Assistant Superintendent of Human Resources. The address for ED OCR is not correct in the updated 504 Manual as spelled out in the Resolution Agreement. I highlighted the required changes in Fox’s March 2018 Resolution Agreement in the screen capture below that are not correct or needed to be changed. I also highlighted where the changes still need to be corrected in Fox’s 504 Manual in the other screen capture below. Perhaps someday, this will get corrected. QUESTIONS OUR SCHOOL BOARD SHOULD ASK I’m hoping our school board members will ask some questions such as: Why wasn’t the March 2018 Resolution Agreement with ED OCR provided to the school board for review when it was originally sent to the district and signed by former superintendent Dr. Wipke in March 2018? (Your school board is supposed to ensure that the district is following the law and the March 2018 Resolution Agreement covers Section 504 law.) Why wasn’t the updated 504 Manual included in BoardDocs and presented as an action item if it needed to be approved by the school board prior to posting it on the district’s website? Who reviewed and approved the 504 Manual at ED OCR if the updated 504 Manual still didn’t meet the terms of the March 2018 Resolution Agreement? I’m also hoping that our school board requires the district to add language prohibiting retaliation to Fox’s 504 Manual similar to what’s included in the Kansas City Kansas Public Schools 504 Manual. The following language is posted on ED OCR’s website about retaliation on their Frequently Asked Questions (FAQ) page which is referenced in Fox’s 504 Manual:

“Retaliatory acts are prohibited. A recipient is prohibited from intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by Section 504.”

The Kansas City Kansas Public Schools Section 504 Manual addressed retaliation very well. I highly recommend reading the KCKPS 504 Manual for reference. It’s much easier to read and includes a Table of Contents. I’ll keep you posted on the ongoing efforts to get Fox’s 504 Manual updated to comply with federal law.

Bad Education - The Movie on HBO About the Roslyn School District on Long Island

The other day my sister told me I needed to watch this movie that was just released on HBO titled, "Bad Education".

My sister was right. The lack of oversight of district credit card usage in the Long Island school district brought back memories of Fox when I asked Fox's BOE if they were getting credit card statements in their board packets.

The movie spotlights the importance of your school board and the need for good oversight by the people serving on your school board.

I highly recommend watching this movie. For even more details about what happened in the Long Island school district, the 2004 New York Magazine article is a must read.

If you don't have HBO, sign up for the free trial just to watch this movie.

"Bad Education" was inspired by the true story of an admired superintendent of the Roslyn, Long Island School District.

The movie was directed by Cory Finley, who grew up in the St. Louis metro area.

The screenplay was written by a student who attended middle school at Roslyn when the story occurred.

Student Reporter Raises Questions About School District Budget

The movie has a student reporter who was assigned to write a story about the school budget. As she starts asking more questions, she gets push back from the business manager. The student reporter tells the school's business manager that it's public record. So, the student reporter is allowed to go look at the records in the basement. In doing so, she finds a purchase order for a pizza oven that should be at her high school but isn't. She asks about the pizza oven and is told it's at the middle school. This prompts more questions which leads to reviews of check warrants which leads to phony companies, etc.

After watching the movie, I found a very in depth article in the New York magazine that was written in 2004. It's well worth the read. It talks about how the school board handled things as a result of the superintendent's input.

The Bad Superintendent - New York Magazine (September 2004):
https://nymag.com/nymetro/urban/features/9908/

Grandview School District went through a similar situation in 2017.
Former Grandview district business manager sentenced to more than five years in prison - Leader Publications (October 2017):
https://www.myleaderpaper.com/news/police_fire/former-grandview-district-business-manager-sentenced-to-more-than-five-years-in-prison/article_f5f7dd24-b06c-11e7-8734-736a1afc182c.html

There's also an article from 2005 detailing the findings from the New York State Comptroller's audit of the Roslyn School District. The audit was a result of what happened at Roslyn and it led to audits of other school districts in the state:
http://www.parentadvocates.org/nicecontent/dsp_printable.cfm?articleID=5525

Bad Education: Watch the Official Teaser (HBO Films)

11 Years Ago Today Fox C-6 Signed a Resolution Agreement with ED OCR

Today marks another sad milestone in the 12+ year long saga of obtaining a 504 plan in the Fox C-6 School District.

It was 11 years ago today (May 1, 2009) when Dan Baker, who was the 504 Coordinator for the Fox C-6 School District at the time, signed a Resolution Agreement with the U.S. Department of Education’s Office for Civil Rights (ED OCR).

In the May 2009 Resolution Agreement, Fox C-6 agreed to make changes to the district’s Section 504 Manual. Some of those changes were to remove language that did not comply with Section 504 and replace it with new language and submit those changes to ED OCR by June 9, 2009. Those changes to Fox’s 504 Manual were not made. These changes were required after ED OCR opened an investigation following a complaint filed in the fall of 2008.

The agreement also required Fox to do another 504 evaluation by a specific date and submit information from the 504 evaluation to OCR for review.

For the next 5 years, Fox's attorneys refused to make some of the changes to the district’s 504 Manual. They also fought along with administrators, the reinstatement of a Section 504 Plan that was removed in September 2008.

OCR did not enforce the May 2009 Resolution Agreement as part of their job description states. They allowed Fox C-6 to drag things out for years. Then in June 2014, Fox switched law firms when the internet defamation scandal became public.

March 2018 - Fox Agrees to Update 504 Manual Again
In March 2018, Fox agreed again to update the district’s Section 504 Manual and include in the manual the exact language provided to the district by OCR. Fox also agreed to remove language that did not comply with Section 504. The district also agreed to include in the Section 504 Manual at least two examples of students who would qualify for a Section 504 plan.

Checking On Fox's Updated Section 504 Manual
Since August 2018, I've been checking in with Fox’s current Section 504 coordinator as to when Fox’s new Section 504 Manual would be made available to the public. In August 2018, I asked for a copy of Fox’s current Section 504 Manual so I could compare it to the new Section 504 Manual when it became available. I was provided a copy of that manual and it was pretty much the same manual that we had received in 2008.

Fox’s current Section 504 Manual is not available on the district website. I asked about that in August 2018. I’ve been told since then that Fox’s new Section 504 Manual will be available on the district website when it is completed.

2 More Years Have Passed
It’s now been more than 2 years since the Fox agreed again to update the Section 504 Manual. The update still hasn’t been completed. I’ve been told that the district is waiting on OCR to review the document and provide feedback to the district. I’ve also been in touch with OCR numerous times over the past two years on this issue. I've been told by OCR several times that they hoped to complete that task soon. OCR has a history of not returning emails or phone calls after things begin to drag out like they have with Fox.

OCR's Monitoring of Fox's Resolution Agreement
OCR is responsible for “monitoring” school districts to see that they comply with their Resolution Agreements. However, it was easy to see 10+ years ago that OCR doesn’t really do much “monitoring”. The parents have to monitor and check up on OCR to see if they will ever do their job and check on their school district to see if they are doing their job. This has been well documented on my blog.

When will the parents, teachers and staff get an updated Section 504 Manual from Fox?

Probably never.

I’ve often wondered why our school board members don’t check into things like this.

Fox currently has 3 school board members who were directly involved with or are related to someone who was directly involved with the 504 issues in our district.

We currently have two school board members who were on the school board when former superintendent Dianne Critchlow “resigned” from the district amid the cyber bullying scandal. They are not seeking re-election in June.

In the meantime, I’ll keep checking up on this issue since the district is still being "monitored" by OCR and has been since May 2009.

Fox's May 2009 Resolution Agreement with ED OCR

Fox's March 2018 Resolution Agreement with ED OCR