It’s in the Hands of the Judge
Yesterday oral arguments were heard in case # 3:07-cv-0833MRK Powers et al v Woodstock BOE before Judge Mark Kravitz in the U.S. District Court in New Haven.
The basis of the case is what’s called a de novo review of the ALJ- hearing officer’s decision in the Due Process case #06-032 with regard to provision of Free and Appropriate Education (FAPE) to the student. This covers the time period of the 2004-’05-06 school years only and mostly centers around procedural violations of the IDEA, with alleged erroneous rulings and failure to rule at all on some matters by the Administrative Law Judge assigned by the State DOE at the heart of the matter.
The format was Q&A. I found the Judge to be engaged and cognizant of the issues and roles of all of the various people involved. Actually he struck me as brilliant- this is also what I have read about him. He spent a little over two hours questioning the attorneys with more time spent with plaintiff’s attorney on numerous aspects of the case.
As I would have expected, I was not able to come away from the proceeding with any read whatsoever on which way it might go. Judge Kravitz is clearly a master investigator and did not show any of his perception of the case. Based on his demeanor and history, a ruling is expected in short order.
From a parent’s perspective who has been exposed to the workings of the SPED department here in Woodstock and that of the State, the attitudes of the majority of the BOE, its administration and legal machine, not to mention the pain and costs, regardless of the outcome it was not only worth it- it was the right thing to do not only for my child, but those who will come after.
Craig Powers
The basis of the case is what’s called a de novo review of the ALJ- hearing officer’s decision in the Due Process case #06-032 with regard to provision of Free and Appropriate Education (FAPE) to the student. This covers the time period of the 2004-’05-06 school years only and mostly centers around procedural violations of the IDEA, with alleged erroneous rulings and failure to rule at all on some matters by the Administrative Law Judge assigned by the State DOE at the heart of the matter.
The format was Q&A. I found the Judge to be engaged and cognizant of the issues and roles of all of the various people involved. Actually he struck me as brilliant- this is also what I have read about him. He spent a little over two hours questioning the attorneys with more time spent with plaintiff’s attorney on numerous aspects of the case.
As I would have expected, I was not able to come away from the proceeding with any read whatsoever on which way it might go. Judge Kravitz is clearly a master investigator and did not show any of his perception of the case. Based on his demeanor and history, a ruling is expected in short order.
From a parent’s perspective who has been exposed to the workings of the SPED department here in Woodstock and that of the State, the attitudes of the majority of the BOE, its administration and legal machine, not to mention the pain and costs, regardless of the outcome it was not only worth it- it was the right thing to do not only for my child, but those who will come after.
Craig Powers
As a parent who is immersed in the wrongful WPS administration and BOE, I am pleased to know that you had a coherent Judge. I was pleased to read that your Judge had the ability to see the BOE and WPS administration’s lack of proper procedural protocol.
Your case is most certainly not the only time the administration and the BOE have not followed through basic procedure, let alone been upfront and forthright on their duties and responsibilities. I, too have had encounters whereby they have not given due process and have simply used their “thug” mentality to enforce their bullying. I have a serious distaste for bullies and lack of procedural protocol, so I applaud you for taking a stand!
And let this serve as a notice to the BOE and to the administration of the WMS inner-sanctum, “we are here” and “we” will question their every move, from line item budget missteps and breech of agreement, to their lunch-time corporal punishments. Yes, it’s true, WMS enforces corporal punishment - if a child forgets a book one time, or uses the restroom before class, or steps into another's classroom after the after-school bell has rung, that child will “run” laps after they eat and be paraded around the black-top in public-square-humiliation-fashion.
The WMS Principal told me personally that they issue this type of lunch detention so that the parents will not have to be notified of their children’s wrongdoings. "Wrongdoings". Since when is forgetting a book, or having to void, or socializing during an appropriate hour, a wrongdoing; and secondarily, you are withholding information regarding your punishing behavior. So, I will speak for the children, and the parents, as I often speak for many, and I say, mind the six pillars you profess, WMS and BOE – caring, respect, responsibility, character, trustworthiness, fairness. And be thankful it is not 1791 whereby we’d have you publicly humiliated in the commons’ stockade for Educational Treason and Breach of Fiduciary Duty and Child Negligence and more.
Now, good luck to you Powers family, because a court case, is, a family affair. And no matter the outcome, right now, it's all about our children and their lives.
Nora Valentine