The Hearing That Wasn't Heard
The Hearing That Wasn't Heard
The Hearing That Wasn't Heard
Update June 2020: The parent had to withdraw her request for an impartial due process hearing. Currently, per the Hawaii Administrative Rules for the Department of Education , a third party cannot speak for a parent in an IDEA due process hearing unless that person is an attorney. She doesn't have the money or wherewithal to hire an attorney. The parent has extremely limited English skills and could not represent herself.
That's it. Case closed. No one person in the DOE ever addresses the violations of the IDEA the Principal is committing as described in the request for a hearing other than to say, we're right, you're wrong, we're doing it our way.
Therefore, a change in state education policy is needed in order to ensure greater equity for marginalized populations. See my letters to the Board of Education and stories about Special Education Equity (or lack thereof).
Sections On This Page
The Hearing That Wasn't Heard
The Hearing That Wasn't Heard
- Due Process Hearing Request
- Evidence for Due Process Hearing (Student Math & Reading Diagnostics Grade 5 to end of Semester 1 Grade 6; Student Work Semester 1 Grade 6)
- DOE Written Response
- Final Grade 6 Diagnostics - Math & Reading Regresses
What Happened After Request Had To Be Withdrawn?
- Parent files a significantly amended hearing request that is dismissed and never gets a hearing.
- Diagnostics after Summer 2020 Private Tutors - Math & Reading performance improves.
- ....and lots more folderal. Click the button to read more.
Due Process Hearing Request
Received by DOE -- Mar 24, 2020
This is the Due Process Hearing Request sent by the parent. It includes thorough descriptions of specific IDEA substantive and procedural violations as well as reasonable proposed resolutions. Scroll down on this web page to see the procedurally-mandated 10-day DOE written response dated 3/31/20.
Evidence for due process hearing
Diagnostic Reports
Semester 1 Correspondence
Student Work Semester 1: Language Arts
Student Work Semester 1: Math
Student Work Semester 1: Social Studies
Student Work Semester Quarter 1: Art
It is unknown what student did in Art class. He did not bring any work home.
Student Work Quarter 2: Music
DOE Response Required Within 10 Days
Procedural Requirement re: DOE Response
Hawai‘i IDEA Procedural Safeguards specify that within 10 calendar days of receiving the due process complaint, the Department must send to the parent a response that includes:
- An explanation of why the Department proposed or refused to take the action raised in the due process complaint;
- A description of other options that your child's IEP Team considered and the reasons why those options were rejected;
- A description of each evaluation procedure, assessment, record, or report the Department used as the basis for the proposed or refused action; and
- A description of the other factors that are relevant to the Department’s proposed or refused action.
DOE Response - Mar 31, 2020
The Department of Education, State of Hawaii and Christina Kishimoto present its responses (in bold). None of the one- to two-sentences "explanations" or "descriptions" meet the above 4 criteria.
The above two pages are only half of the DOE letter, but contain all of the DOE responses. The other half of the 4-page letter is filled with the legal letterhead and direct copies of text from the complaint submitted by parent. Click the file name below to see the unredacted PDF file sent to the parent.
Editorial comment
In its response, the DOE claims that the IEP Team worked diligently in developing a program for the student to make progress. (Items 1, 2, 5, and 6 in DOE response above.)
First, this statement is a complete fabrication if one uses the legal definition of who is on the IEP Team. One of the major issues leading to the request of this due process hearing is that the school refuses to allow the parent and home tutor (important members of the IEP team) to actually work on the IEP with other .members of the team. The parent and home tutor's input and concerns are disregarded.
Second, hard work (diligence) does not always produce results -- especially if you're not working efficiently and effectively. The Math and Reading scores below illustrate this concept. In spite of the DOE's alleged diligence, the results are disastrous for this student.
Final Grade 6 Diagnostics - Math & Reading
End of Parent's March 2020 Submission to Hawaii DOE Requesting an Impartial, Public, Due Process Hea
What Happened After Request Had To Be Withdrawn?
During COVID-19 Shutdown, Private Tutors Reverse Student's Prior Downward Academic Spiral
Parent Files Amended Request for Public, Impartial Due Process Hearing. It's Dismissed :-(
Parent Files Amended Request for Public, Impartial Due Process Hearing. It's Dismissed :-(
APR - JUL 2020
The COVID-19 shut-down enabled the student to spend time actually learning away from the school where he was regressing. He received private distance and home tutoring, and was able to increase his diagnostic scores by a full Grade Level in both Reading and Math from April through July 2020.
Parent Files Amended Request for Public, Impartial Due Process Hearing. It's Dismissed :-(
Parent Files Amended Request for Public, Impartial Due Process Hearing. It's Dismissed :-(
Parent Files Amended Request for Public, Impartial Due Process Hearing. It's Dismissed :-(
11 MAY 2020
Since parent's English proficiency and education are not sufficient to represent herself on most of the matters in this original request for hearing, she amended the original request to cover only one issue: getting diagnostic results without weeks of delay. Request denied because by the time the hearing occurs, the school has delivered the test results and Hear Officer says she cannot compel them to do something in the future.
Parent's Assistant Files Ethics Complaint With DOE
Parent Files Amended Request for Public, Impartial Due Process Hearing. It's Dismissed :-(
Parent Named as Plaintiff in Legal Process w/o Her Authorization
30 MAY 2020
Parent's assistant, Vanessa Ott, files an Ethics complaint. DOE Monitoring & Compliance Branch Specialist is refusing to communicate with mother via email because Ms. Ott is helping the parent read & write her correspondence in English. MC&B Specialist alleges "someone" (i.e., Ms. Ott) is committing fraud and forgery.
Parent Named as Plaintiff in Legal Process w/o Her Authorization
Parent Named as Plaintiff in Legal Process w/o Her Authorization
Parent Named as Plaintiff in Legal Process w/o Her Authorization
JUL 2020
After assigned a new contact at the Monitoring & Compliance Branch, Ms. Ott writes and asks how the parent can get her concerns from the original hearing request addressed. Next, parent gets legal notice from the AG's office listing her as plaintiff in a hearing WITHOUT her knowledge, consent, or signature and she has to go through rigmarole to stop it.
IEP Meeting Delayed 1 Month Because Diagnostic Testing Delayed
Parent Named as Plaintiff in Legal Process w/o Her Authorization
Inclusion Classes Authorized, but Entry Delayed Until October 12
13 AUG 2020
Hawaii schools didn't open on AUG 4 as planned pre-pandemic. Distance learning started AUG 24. At first IEP meeting this SY, parent requests student take diagnostic tests ASAP to determine current ability. Principal refuses. Student languishes in exclusion classes for a month just waiting to be assessed.
Inclusion Classes Authorized, but Entry Delayed Until October 12
Parent Named as Plaintiff in Legal Process w/o Her Authorization
Inclusion Classes Authorized, but Entry Delayed Until October 12
17 SEP 2020
Outcome of 17 SEP IEP meeting is that student will move from SpEd exclusion classes in Math and Language Arts to inclusion classes, and general education Science. However, Principal delays the move for weeks until after the first Quarter of the year is finished.
Parent Advocate Files State Complaint - No Science Supports
Parent Advocate Files State Complaint - No Science Supports
Parent Advocate Files State Complaint - No Science Supports
19 SEP 2020
Ms. Ott files an IDEA State Complaint asking that the student be moved immediately into inclusion classes, and that he be provided appropriate supports so that he can access the general education Science curriculum.
Defamation
Parent Advocate Files State Complaint - No Science Supports
Parent Advocate Files State Complaint - No Science Supports
28 SEP 2020
Principal engages in defamation and makes false accusations against Ms. Ott as a pretext to exclude her from assisting the parent and child with home to school communication and forbidding her to communicate with the child's teachers.
Dear BOE...
Parent Advocate Files State Complaint - No Science Supports
Dear BOE...
Ms. Ott attempts to change the status quo. She writes to the State of Hawaii Board of Education asking for better policies concerning the rights of parents (especially English-challenged and/or undeducated parents) to designate their own interpreters and assistants to academically co-parent their children if they so choose.
COVID-19 Shutdown in 2020 Opens the Door to One-On-One Instruction
After regressing in Math and Reading ability after one year of schooling at RLSMS in Grade 6, the parent took the opportunity during the COVID-19 shut down to have him spend time with home tutor and a private, distance learning. Student's academic performance began to climb upward again.
Exclusion = Failure. Following GenEd Curriculum = Success.
Spring/Summer Language Arts & Math Progress Reports
The tutors' subjective assessment of student's level of academic ability at the end of July 2020 is closely aligned to objective i-Ready Diagnostic assessments given to all students at Robert Louis Stevenson Middle school the second week of September 2020.
The Waiting Game
Principal Erects One Barrier After Another
By the end of July, the Principal is aware of Tutors’ progress reports which indicate that an inclusion setting for the student is warranted. On August 13th, the parent asks that her son take his diagnostic assessments as soon as possible so that his IEP can be revised as soon as possible. The Principal refuses. No reason given. He will take them when the rest of the school's student's take them. No consideration of the fact that this child has special needs and at the start of school that need is to be placed in an inclusion setting so that he can access the general education curriculum.
Student takes assessments in September, and a meeting is scheduled for September 17th. Although it's agreed he should be in inclusion settings and gaining access to the general education curriculum, the Principal decides to delay his entry into these classes until after the 1st quarter ends! Why?!
THE MORE THERE ARE DELAYS, THE MORE THE ACHIEVMENT GAP WIDENS FOR THIS CHILD!
