To: Phillip McTigue, WCSD Board President, Tim Reynolds, WCSD Board VP, Carla Boerman, WCSD board Member, Jeremy Eaton, WCSD Board Member, Debra Hibbard, WCSD Board Member, Ron Miller, WCSD Board Member, Karen Moore, WCSD Board Member, Dom P...
Justice For Jacqueline Duncan and Students Battling Chronic Illness and Rare Disease
We submit the following petition demanding Wayne Central Schools to honor state policy regarding a students Code of Conduct for Extracurricular Participation (Equal Access Act, 20 United States Code (USC) Sections 4071-4074
Education Law Sections 1709 and 1709-a, 2503-a and 2554-a
Vehicle and Traffic Law Section 142
8 New York Code of Rules and Regulations (NYCRR) Part 172) and allow Jacqueline Duncan to attend her Junior Prom giving special consideration to her chronic health battles with P.A.N.D.A.S (Pediatric Autoimmune Neuropsychiatric Disease Associated with Streptococcal Infection) and Secondary Reflex Neurovascular Dystrophy (RND). (NOTE: This policy makes no statement regarding the necessity to meet a certain academic requirement.)
We hereby state that Wayne Central Schools does not have the right to choose which policies to follow as they have additionally failed to adhere to other important policies including:
1). "Least Restrictive Environment" policy (Individuals with Disabilities Education Act (IDEA) 20 United States Code (USC) Section 1400 et seq. 34 Code of Federal Regulations (CFR) Part 300
Education Law Sections 4401-4410-a
8 New York Code of Rules and Regulations (NYCRR) Sections 100.5, 100.9, 200.1(cc), 200.1(qq), 200.2(b),
200.4 and 200.6)
2). "Grouping By Similarity of Needs" (8 New York Code of Rules and Regulations (NYCRR) Sections 200.1(ww), 200.2(b)(3), 200.4(d) and 200.6(a)(3))
3). 6-1-1 Program (Teacher/Student Ratio Violation)
Currently, the school states that Jacqueline cannot attend prom due to poor academic standing which is an "invented" policy that stands alone outside of state policy.
We submit that in combination with Jacqueline's health issues, the districts failure to provide an appropriate educational program has made academic success impossible and therefore this "punishment" is both irrelevant and unjust. Not allowing Jacqueline to attend prom because she cannot receive an education serves no purpose other than to hurt a chronically sick child in your district.
We submit that Wayne Central School District not ask Jacqueline to adhere to an "imaginary" policy when the district has multiple failures adhering to state policies.
By signing this petition, we hereby demand that Jacqueline Duncan be free to attend her Junior Prom on May 10, 2014 and immediately be placed in an appropriate educational program.
Education Law Sections 1709 and 1709-a, 2503-a and 2554-a
Vehicle and Traffic Law Section 142
8 New York Code of Rules and Regulations (NYCRR) Part 172) and allow Jacqueline Duncan to attend her Junior Prom giving special consideration to her chronic health battles with P.A.N.D.A.S (Pediatric Autoimmune Neuropsychiatric Disease Associated with Streptococcal Infection) and Secondary Reflex Neurovascular Dystrophy (RND). (NOTE: This policy makes no statement regarding the necessity to meet a certain academic requirement.)
We hereby state that Wayne Central Schools does not have the right to choose which policies to follow as they have additionally failed to adhere to other important policies including:
1). "Least Restrictive Environment" policy (Individuals with Disabilities Education Act (IDEA) 20 United States Code (USC) Section 1400 et seq. 34 Code of Federal Regulations (CFR) Part 300
Education Law Sections 4401-4410-a
8 New York Code of Rules and Regulations (NYCRR) Sections 100.5, 100.9, 200.1(cc), 200.1(qq), 200.2(b),
200.4 and 200.6)
2). "Grouping By Similarity of Needs" (8 New York Code of Rules and Regulations (NYCRR) Sections 200.1(ww), 200.2(b)(3), 200.4(d) and 200.6(a)(3))
3). 6-1-1 Program (Teacher/Student Ratio Violation)
Currently, the school states that Jacqueline cannot attend prom due to poor academic standing which is an "invented" policy that stands alone outside of state policy.
We submit that in combination with Jacqueline's health issues, the districts failure to provide an appropriate educational program has made academic success impossible and therefore this "punishment" is both irrelevant and unjust. Not allowing Jacqueline to attend prom because she cannot receive an education serves no purpose other than to hurt a chronically sick child in your district.
We submit that Wayne Central School District not ask Jacqueline to adhere to an "imaginary" policy when the district has multiple failures adhering to state policies.
By signing this petition, we hereby demand that Jacqueline Duncan be free to attend her Junior Prom on May 10, 2014 and immediately be placed in an appropriate educational program.
Why is this important?
Jacqueline Duncan is a 17 year old Junior at James A Beneway High School in Wayne Central School District in Ontario, NY. She has been a student in this district since 2006. Since 2011, Jacqueline has struggled with physical and emotional health issues. While once an honor roll student, a competitive dancer, cheerleader and popular among her peers....In sharp contrast, Jacqueline's life after becoming ill literally changed overnight. As a middle school student she laughed with her friends about how they couldn't wait to dress up and attend prom together, take driving courses together and at long last, graduate together. Her five year battle with P.A.N.D.A.S (www.pandasnetwork.org) and Reflex Neurovascular Dystrophy (www.rsds.org/4/youth/pdf/AMP_RNDparenthandout.pdf) , has changed all that. She doesn't go to parties, she doesn't have sleepovers away from home, she's given up dance and cheerleading, she hasn't been able to get her drivers license or get a job and getting an education has been very difficult as she struggles cognitively. She has had multiple absences due to illness and appointments and the school district has failed to give Jacqueline a proper education in a safe atmosphere per state policy. She has been attending physical and occupational therapy appointments for some time three days a week. She is currently awaiting approvals for an IVIG blood transfusion.
Now, after all the struggle the school states she cannot attend her Junior Prom due to poor academic standing. The state code of conduct for attendance to extracurricular activities states that unless a student has been suspended or does not attend at least 1/2 day of school on the day of the event they have the right to attend the event. This code is clearly stated on the district website. Nowhere does it state that a student must first meet academic standing. (See www.wayne.k12.ny.us/policies.cfm?sid=434).
Three years ago, Jacqueline requested to be educated in mainstream classes with the assistance of a personal aid, supplemental tutoring and other appropriate accommodations (breaks, extended testing time, etc). She was told that "even those with more severe disabilities aren't receiving this accommodation and therefore this isn't an option for you as having a personal aid is too expensive". This is a violation of the "Least Restrictive Environment" state policy and currently she's in the most restrictive environment; the 6-1-1 program. Now due to the years of tutoring and absences, the option to reintegrate back into mainstream classes has been made virtually impossible as she is so far behind.
Additionally the state has a policy, "Grouping By Similarity of Needs".
Jacqueline has been placed in a classroom with students who have more severe disabilities, and as such, there are frequent outbursts, disruptions and interference in class instruction thereby not meeting her specific needs and directly interfering with her ability to receive an education. This not only holds her back academically, but the stress of this environment exacerbates her condition resulting in additional absences.
Within the 6-1-1 Program the school has been in direct violation as the program is set up to educate no more than 6 students at any time with the the guidance of 1 teacher and 1 aid. We submit that there have been classrooms with up to 10 students with 1 teacher and despite repeated promises for the last 6 months that a new teacher would be added, this has not yet occurred further damaging the classroom learning environment. Effectively, Jacqueline has found that she learns more in one hour of after school review one on one with the teacher than she does in a full day in the classroom.
Jacqueline's physicians and therapists have repeatedly made the recommendation that Jacqueline be removed from 6-1-1 and placed in a tutoring program, but the Duncan family was told the 6-1-1 program was the only option.
Jacqueline has purchased a $300 prom dress, paid money towards group transportation to prom, participated in the mandatory fundraiser and very much looks forward to this rite of passage. This may be the only thing that Jacqueline gets to do with her class as she's given up so much of her life already. But, now, she's being told due to academic standing requirements she cannot attend. This ruling serves no purpose other than to add further suffering upon this young girl.
You have the power to right these wrongs. As a group we ask that you reverse this ruling, stop punishing a girl for being sick and fix the wrongs you've done by violating state policies. For Jacqueline Duncan and other students who suffer the repercussions of battling a rare disease we ask that you allow Jacqueline to attend her Junior Prom on May 10, 2014 and immediately place her in a tutoring program where here academic needs can be met.
Now, after all the struggle the school states she cannot attend her Junior Prom due to poor academic standing. The state code of conduct for attendance to extracurricular activities states that unless a student has been suspended or does not attend at least 1/2 day of school on the day of the event they have the right to attend the event. This code is clearly stated on the district website. Nowhere does it state that a student must first meet academic standing. (See www.wayne.k12.ny.us/policies.cfm?sid=434).
Three years ago, Jacqueline requested to be educated in mainstream classes with the assistance of a personal aid, supplemental tutoring and other appropriate accommodations (breaks, extended testing time, etc). She was told that "even those with more severe disabilities aren't receiving this accommodation and therefore this isn't an option for you as having a personal aid is too expensive". This is a violation of the "Least Restrictive Environment" state policy and currently she's in the most restrictive environment; the 6-1-1 program. Now due to the years of tutoring and absences, the option to reintegrate back into mainstream classes has been made virtually impossible as she is so far behind.
Additionally the state has a policy, "Grouping By Similarity of Needs".
Jacqueline has been placed in a classroom with students who have more severe disabilities, and as such, there are frequent outbursts, disruptions and interference in class instruction thereby not meeting her specific needs and directly interfering with her ability to receive an education. This not only holds her back academically, but the stress of this environment exacerbates her condition resulting in additional absences.
Within the 6-1-1 Program the school has been in direct violation as the program is set up to educate no more than 6 students at any time with the the guidance of 1 teacher and 1 aid. We submit that there have been classrooms with up to 10 students with 1 teacher and despite repeated promises for the last 6 months that a new teacher would be added, this has not yet occurred further damaging the classroom learning environment. Effectively, Jacqueline has found that she learns more in one hour of after school review one on one with the teacher than she does in a full day in the classroom.
Jacqueline's physicians and therapists have repeatedly made the recommendation that Jacqueline be removed from 6-1-1 and placed in a tutoring program, but the Duncan family was told the 6-1-1 program was the only option.
Jacqueline has purchased a $300 prom dress, paid money towards group transportation to prom, participated in the mandatory fundraiser and very much looks forward to this rite of passage. This may be the only thing that Jacqueline gets to do with her class as she's given up so much of her life already. But, now, she's being told due to academic standing requirements she cannot attend. This ruling serves no purpose other than to add further suffering upon this young girl.
You have the power to right these wrongs. As a group we ask that you reverse this ruling, stop punishing a girl for being sick and fix the wrongs you've done by violating state policies. For Jacqueline Duncan and other students who suffer the repercussions of battling a rare disease we ask that you allow Jacqueline to attend her Junior Prom on May 10, 2014 and immediately place her in a tutoring program where here academic needs can be met.