I can't believe that this story is true and that this sort of thing happens
today, especially in our Nation's Capital.

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http://www.washingtonpost.com/wp-dyn/articles/A13827-2003Aug1.html

washingtonpost.com
D.C. Schools Fail Court's Orders to Aid Blind Pupil


By Justin Blum
Washington Post Staff Writer
Saturday, August 2, 2003; Page B01


Jonathan Herring is legally blind because of a brain tumor and can read
text only if it is magnified and held close to his eyes. For the past year
and a half, the District's public school system has failed to provide the
18-year-old with the equipment that would allow him to read and study at
home, despite two federal court orders to furnish the items.

Last week, a school system employee finally delivered equipment to the
family's apartment in a public housing complex in Northwest. Herring and
his family soon realized, however, that the magnifying devices and much of
the computer software he needed were still missing.

But their strangest discovery involved the files on the laptop Herring
received. The laptop contained a wealth of school system data, including a
list of the names and disabilities of each of the system's 12,000 special
education students.

Instead of the new computer he was expecting, the school system had sent
him a machine that school administrators had been using for at least a
year.

"It makes me feel bad," Herring said, sitting at the kitchen table in the
family's apartment. "They really don't care. As long as they're getting
paid, they're all right."

School Superintendent Paul L. Vance said yesterday that he was outraged by
the case and that he could not get a "straight story" from his employees
about what had happened. He said he planned to call or visit the family to
apologize and personally make sure Herring gets all his equipment. He also
said he would investigate why items were not delivered and would dismiss
those responsible.

"I am just sick and tired of incompetent people, insensitive people working
for this school system," Vance said. "I am sick and tired of being
embarrassed by the operatives in this school system. This is just another
example of where this superintendent has run out of patience."

School officials said after a reporter's inquiry Thursday that they had
ordered the additional equipment. Miscommunication and lost paperwork, they
said, resulted in the equipment not being ordered sooner.

Anne C. Gay, assistant superintendent for special education, said the
problem was related to "limited staff" and an overload of cases. "We
dropped the ball," Gay said. "There was . . . a lot of failure to
communicate between offices, a lot of failure to communicate in different
ways."

Veleter M.B. Mazyck, the school system's general counsel, said that when
Herring's laptop did not arrive from a vendor, the school system sent one
of its own and mistakenly left the confidential files on it. School
officials have contacted Herring's lawyer about retrieving the computer.

Herring's case is the latest example of the District's long-troubled
special education system failing the city's neediest children. The ongoing
inability to follow court orders illustrates that basic operations in
special education still do not work well at a time when top school
officials are touting improvements. Gay said that there had been
improvement and that she hoped this case was an "anomaly."

The missed court deadlines have increased legal costs in this case and many
others. City officials have repeatedly criticized the school system for
allowing special education costs to claim a significant portion of the
budget while children continue to fail to receive required services.

In this case, Herring's attorney, Karen D. Alvarez, also is raising
questions about the school system's honesty. The city argued in paperwork
filed in federal court last month that the school system needed more time
to obtain Herring's laptop because officials were still awaiting delivery
from a vendor. They said they needed the laptop before they could deliver
the rest of the equipment.

But Alvarez questioned whether school officials at that time had even
placed an order for Herring's computer. The laptop that eventually arrived
clearly was used and included files created a year ago.

"I think they were lying," Alvarez said. "It demonstrates the level of
contempt they have for their students, the public at large and the legal
system."

Mazyck denied that, saying that the delays in getting a new laptop were
genuine.

Herring has been struggling for five years to recover from his brain tumor.
He has had two surgeries and faced several life-threatening side effects.
He and his mother contend that the school system has failed to provide him
with special services required under federal law since his first operation
in 1998.

An administrative hearing officer sided with Herring in February 2002,
ordering the school system to provide electronics and software to help him
read. Later, the family's lawyer twice persuaded a federal judge to order
the school system to turn over the equipment. School officials still failed
to comply.

The school system did enroll Herring last fall in the private Maryland
School for the Blind, a step that was necessary because the public system
lacked adequate programs. Herring said that while he has learned a lot at
his new school, he is frustrated that he cannot study when he is home from
the boarding program on the weekends and during the summer.

Elise T. Baach, a special master appointed by U.S. District Judge Paul L.
Friedman to investigate the case, filed a report in May that said Herring
was being "irreparably harmed" by the school system's failures. The report
also said that "given the lengthy delays Jonathan has already suffered, it
is apparent that DCPS cannot be counted on to supply the equipment any time
soon, even if ordered to do so."

Herring's mother, Marcia Herring, said she cannot afford the equipment on
her own -- the school system says it will cost more than $20,000 -- and is
tired of years of fighting with school officials. "They cheated my son out
of four years of education," she said. "If a child has two brain surgeries,
the least they could do is meet me halfway."

After Herring's first surgery, he was provided little or no accommodations
at his high school, despite his limited vision, his mother said. The
hearing officer's report said the school system failed to determine his
eligibility for special education in a timely manner.

The school system eventually provided him with Braille instruction, but in
other classes he was unable to see the blackboard and make his way through
the school building, he said. Following his second surgery, doctors told
Herring to stay home. The school system provided an at-home instructor for
four hours a week, but Herring said the teacher lacked materials in type
large enough for him to read.

Herring's health problems since his operations have included diabetes,
morbid obesity and breathing difficulties. Despite all of that, Herring
said he wants to study, wants to read. Instead, he said he has spent the
summer waiting.

"I've always been like that -- do my homework, get what I need to get
done," Herring said. "I think I'll have better grades once I get the
equipment."



© 2003 The Washington Post Company
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Joy Gatewood Fulton
Altarum Institute

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