Thursday, November 12, 2009

HODGEPODGE DAY - GUESS NOT, JUST BISD

BISD UPDATE:


Does anyone know if that protest ever materialized? As to this child I have been speaking about, I think BISD is on the run. Yesterday, no less than 3 times I told BISD officials if they want to speak to the father they need to go through the father not me. My role is helping went asked to by the father. They demanded that I have the father sign a release so that they can speak to me directly. I said no, they need to go directly to the father. This explains why they then sent someone to the father’s work to have him sign the release. I will not speak to them directly.

This child is in bad shape. We have no idea when he will be released from the hospital. The family I think is a bit in shock with the level of deterioration. Personally I am numb. I feel like the child has died, but somehow remains. I do not think we will ever see the old child again. He will eventually leave the hospital - maybe even this weekend I do not know, but he will never be the old child again. I so hope and pray I am 100% wrong.

I need to get out some paperwork for an education attorney who is interested in the case. Once I get everything to him I will seek out two other attorneys. I want this family to have a real choice when they make the decision to hire an attorney.

BISD knows the facts. They know how Kathleen Jimenez screwed up royally by failing to take the time to know and understand this child’s disability. The science of this disease clearly shows that by keeping this child in a hostile environment the disease became worse. The hostile environment came from in part keeping him in a regular classroom. I am 100% sure BISD will not be able to find a pediatric psychiatrist to defend BISD’s actions. The literature is so overwhelming on the issue that BISD is basically without a defense.

They would do well to offer this father a large settlement. Once an attorney is formally hired that settlement automatically goes up to cover the attorney’s 40%. They will not settle, as needed. It is not their money which will pay the attorneys fees, experts fees, and then the judgment. Further any settlement will undo the con job this Board is about to pull off by appointing Springston as the new Superintendent. Which reminds me, was yesterday the day the TEA response to Gonzales’ appeal was do? I do not remember.

4 comments:

Anonymous said...

I don't understand why the father needs a large settlement.
What would this taxpayer's money be used for and who would manage it?
I feel that BISD could probably pay enough taxpayer money to a witness for their side.
I'm sorry but it seems that BISD is not in the business of losing.They always seem to come out ahead--through their lies and control of the majority in some way. Everyone is related. Sad but true.

THANK YOU.

BobbyWC said...

Large settlement - fair question -

First I can tell you what I would recommend - also in cases with children what happens is a friendly suit is filed as part of the settlement so that the court can approve how the money is used.

Depending on the size of the settlement the court can approve he purchase of a home (in this case small) to be held in trust in the name of the child. This insures the chlid a place to live. It also provides the father and child a place to live while the child tries to finish school at the Northside school district.

The trust basically means that once the child comes of age (preferably 21) if he can manage his own affairs the house becomes his, if not the house remains his in trust until he can manage his own life. Either way the house will always be his. It will also mean a place to live for the remained of his life.

the law provides that if this family can prove that the child has been denied an education, BISD can be ordered to provide for an alternate education. there is no alternate available in Brownsville or the Valley.

The court can look to the need of the family to move to SA as the only hope for this child. The court, jury, can fashion a remedy which makes the move an obtion. With every day this family is delayed in going to SA the damages go up.

If this child is forced to file a formal lawsuit, the press will cover it. I suspect there will then be a flood of similar lawsuits. It will be the for Springston, Jimenez, and the entire Board.

None of them will be able to look the people in the face and say they got rid of Gonzales and Rendon over special services, not when the problems continue with zero accountability. A formal lawsuit by this child will result in a financial disaster for BISD.

It is not going to be easy for the father to find a job with hours identical to school hours. the support system he has in Brownsville will be lost for the most part when moves to SA.

The money will need to be used to support the family for a period of time while the father and child become situated and he can find a job.

In the end any settlement involving a child will need to be approved by the court. This is usually a good thing unless you have a corrupt judge.

Some judges will use the opportunity to appoint a friend to represent the interests of the child. The friend will then rubber stampt the agreement. the judge will then award the friend a percentage of the settlement.

This will not happen in this case without a long and protracted lawsuit and complaints against the judge and his friend.

100% of any settlement is going for the benefit of this child.

Bobby WC

Anonymous said...

That sounds like a great plan especially if the press finally covers this. Have you recommended this plan to the father?

BobbyWC said...

I have discussed this with the father. But in my view the best thing which can happen is BISD settles directly with the father and this goes away quietly.

I am normally about the bigger issue, except when dealing with children, especially disabled children.

With every day that passes this child is losing his education and becoming sicker. I am hopeful he will come home on Saturday- so is the story at this time.

The sooner this child can move to SA the better. Holding the case so that it can be used against the Board and Springston would be wrong.

In this case the child is everything and the child's wellbeing will decide what happens.

Bobby WC