Wednesday, November 25, 2009

Parents file federal lawsuit against Avilla School District

The Avilla School District failed to provide help for a child diagnosed with ADHD, according to a lawsuit filed this week in U. S. District Court for the Western District of Missouri.

Tom and Faye Williams claim their 12-year-old son has ADHD and that the Avilla School District failed to determine his eligibility for services, failed to evaluate his need for occupational therapy and failed to provide the family with a notice of the boy's rights.

The family is asking for damages, attorneys' fees, and "compensatory education accommodations."

13 comments:

Anonymous said...

If a parent/guardian doesn't like a school system why don't they take their child to a different one?

Anonymous said...

It always amazes me how parents/guardians complain about what a school does/doesn't do for their child, but instead of dealing directly with a school system they go right for the money!

Anonymous said...

You can almost guarantee that anyone who sues a school system has never worked in one. That old adage about "walking a mile in another man's shoes" sure hits the nail on the head. I think it should be a prerequisite that before you can sue anyone or anything you have to do their job for a month. That would unbelievably cut down on frivolous, money seeking lawsuits and quit wasting the time of so many people who actually care, but are never appreciated.

Anonymous said...

Plainly put, "get a life".

Anonymous said...

How sad that all of you are putting down the parents in this case!!!! Shame on you!!! I would want everyone who works with my child to notice difficulties with my child's academics and behavior and tell me. How can you fix something if you don't know the problem? Frankly, I think I the parents are asking too little. I am sure that they have tried to work with teachers, prinicipals, sp ed administrators with no avail. Lawsuits do not happen overnight, it is a long documentation process.

Anonymous said...

I agree with anon501, but I would also add, it is state law that the school give the student and guardians a statement of their rights. That came through the ADA

Anonymous said...

For everyone blasting the parents, please realize the brief story does not detail what the parents may have gone through. I speak from experience -- over the last 4 years our local school district (mid-missouri) has failed in so many aspects to accommodate my 18 year old son who has profound ADD. Initially, I was unaware he even qualified for services, and they never offered the information. Once I did become aware (1 year ago), I have had to FORCE the district every step of the way to comply with the law, and I now believe I've been black listed because my emails and calls to any and all staff are not being returned.
Many of you might question whether parents like me are being hostile or unreasonable. In my case, no. I have always communicated with respect, yet I'm now being ignored. This rejection of "parental involvement" has become so blatant that I too am considering a lawsuit against our district. What my son lost due to their apathy can never be recovered.
Please don't judge the parents - I seriously doubt they just woke up one day with an urge to sue; I'm more inclined to believe they've been put through hell for daring to step outside the bounds of the school's definition of "parental involvement." That has certainly been my experience.

Anonymous said...

I know these children, and each one, and even more that are not listed deserve a good education. If less time was spent in the teachers break room discussing parents and their faults, they would take back with them to class harmony, instead of infesting their surrounding's with hate. Our children listen to us, they watch our eyes, and can see through our hearts, they become what we are. Remeber you were a child once to. Giving a child an F in handwriting when they don't have fingers is cruel. This happened at Avilla! Telling a child's parents the child is retarded and can't learn, because the child is unable to speak is frighting. Keeping a five year old who is now nine in a old closet with no window because he has down syndrome is against the law. Avilla is a small community, their are no teachers from Avilla, they live in other towns. They can easily pack their bags if they believe teaching is about discreasing the human race. Ask the children from the Avilla School they will tell you what they know if you ask the right questions, and they will tell you where they are kept. It's not a secret to them, they just don't know it's wrong.

Anonymous said...

Sarcoxie R-2 should be next on the lawsuit list. A kindergarten girl was restrained by 4 adults in the class for behaviroally challenged studnets - 4 adults for a child who weighs 40 lbs!!!!! !!!! Also, The Sp Ed director puts fake dates on the paperwork so it will appears that she is in compliance. Another student has Occupational therapy on her IEP and not once has an OT been to see the child. What is so hard about following the law!!! There are specific guideline for paperwork and services.....

Anonymous said...

For the "anonymous" person who began their comments with "I know these children", you certainly does NOT know what happens in the Avilla School. First of all, there isn't even a chair in the teacher's workroom. Much less a place for the teachers to waste time there. Duh!!! Secondly, the "closet" that has been deemed so horrible is a small room which students only spend a small amount of time sitting, WITH THEIR TEACHER while they work on a subject. It is no longer a place for studying, but now an adult/teacher's office! The "closet" comments make it seem as though the teachers closed the child in a dark closet alone, that was not the case at all. But again, when you get a bunch of vengeful people jumping on a board to criticize a school, they don't care if they know what they are talking about or not, they just talk. AGAIN, this is a very small school with even smaller resources and funding. All the caring teachers in the world can make the building bigger. And, one more comment concerning the "closet" topic, if this occurred during the past 2 school years and currently isn't even the case anymore, then why did the parents wait until now to say anything and not during the actual time it was happening??? I'm sorry, Liberty's, but you are being used as a means to an end, an aid in someone else's continuous attack on the school. Your poor child is a pawn that the Bailey's are using because it will help their case. Please consider the source and leave them on their own life long unhappiness with their entire world vendetta (any prolonged and bitter feud, rivalry, contention, usually unfounded). I would guess the Bailey's came to you to convince you to join them in their battle, not the other way around. One last word, to all the supportive parents of both special needs children, and the rest of the children, a school always appreciates you more than you know! Hopefully, these lawsuit parents won't take money away from your child's education.

Anonymous said...

Ok, let's state things as they truly are. Avilla is a small school with VERY limited funds. The teachers and staff there are truly caring individuals. Teacher's pay is almost at the poverty level. So they obviously aren't in the profession for the big bucks. Unlike the lawsuit parents mentioned above.
That said, this continuous, ongoing, never ending lawsuit is simply a way for the parents to become in the public eye for "them", not their children. If they truly cared about their children they would do one of two things. Either they would move to a school district that they thought would benefit their child, or they would refuse to take money away from a school that already doesn't have enough money to accomplish the very reason they "say" they have the lawsuit.
Can you imagine actually admitting that you chose to spend 22 years fighting the same place and not make an intelligent decision to leave??? Much less keep sending you kids there. Something about that doesn't make sense. Perhaps it is fine for the kids to go to school there, but only until the parent decides they want to be noticed and make some cash?? Priorities? Ah, the greedy dollar!
People who take money from a school and then complain that the school doesn't have enough to spend on their child either have no common sense at all, or they are lying. You decide!
In a larger school district they would not be so eager to bring the lawsuit against the school, but since the state pays for their attorneys, (did you know that?) and since they want $$$ then why wouldn't they sue? It's free and they can feel like "important" people and make money by taking it away from their child's education. In a way they are actually stealing their child's, and all the other children's (I might add) educational funds!! Sometimes we forget about all the other parent's children who will also pay dearly for this lawsuit with the lack of funds available for "their" own education.
So, move away or get a life! Even if the school goes through a lot of idiotic times over this, it is unfortunately the children of these parents who will suffer in the end. They are the ones who will have to live in that family their whole lives. It's unfortunate because these kids are just trying to fit in and have a normal childhood with their schoolmates. Maybe the parents can use some of the money they may take from the school to pay for their children's future counseling sessions!
As you can see, the people who post here and know the complaintants names personally all realize the same reality. And those who are "special needs" children's parents are simply lashing out at any opportunity to vent whether they know the lawsuit parents, or school, at all. If they did, they would not want to be associated with the reputation that the Baileys and Williams have for themselves.
It is surprising that the Liberty's jumped on that sinking ship. Very odd, they were thought better of. How unfortunate.
One thing is for sure. Nobody can determine the kind of person you are except yourself. Thank God, in the end, we shall each reap what we have sown. God's speed to Avilla School.

Anonymous said...

Are the parents taking from the school? or is bad Mangement of the school hurting our children? maybe our kids are reaping what the school board has sown. the school board was told this was going to happen 3years ago and made a choice to not beleive and even added fuel to the fire. If there is a school left after this bad choice maybe they will make the right choice next time.

Anonymous said...

THIS WAS ALL MADE POSSIBLE BY NEON DEON THANK YOU AVILLA SCHOOL BOARD FOR TURNING HIM LOOSE ON OUR SCHOOL. TALK ABOUT REAPING WHAT YOU SOW.