FOR IMMEDIATE RELEASE:

Charges filed against Lone Hill Middle School, “A California Distinguished School” and the Bonita Unified School District on allegations of:

1. Discrimination against children identified with Attention Deficit Disorder,
2. Refusal to notify the divorced parent of a Special Education Meeting whereby his son’s Individual Education Program (IEP) was waived with neither the knowledge, nor consent of that child’s father – even though that father had full joint legal custody of his student. This IEP had been written at the child’s previous school district a mere 4 ½ months prior to the time Bonita USD nullified that document. The father first learned of this situation nearly eight months later.
3. An attempt by the school’s administration to railroad a lesser special education program without reinstating the previous IEP.
4. Lack of compliance with Title II of the American’s with Disabilities Act (ADA) by failing to provide an environment in which all children with Attention Deficit Disorder are able to reap the full benefits available to other children because of the “open classroom” setting of the school. This harmful environment is created by the bizarre and aberrant architectural design of the school that results in excessive noise throughout every classroom. At a meeting held at the school on Tuesday, October 23, 2001, a Lone Hill Middle School administrator indicated that, “we don’t have any quiet places at this school, perhaps (the child) needs to be placed elsewhere.” The American Society for Ethics in Education (ASEE) further believes that there may be violations of the Federal Individuals with Disabilities Education Act (IDEA) that allows the ADD child to be eligible for protection under that act thereby enabling these children to receive services covered by an IEP. It is believed that Lone Hill Middle School and/or Bonita Unified School District are intentionally trying to prevent children from being fully protected by federal laws by demanding that parents agree to obtaining special education services under the Section 504 of the Rehabilitation Act of 1973. Children who have been identified with ADD/ADHD are protected by §300.7(c)(9)(i) of the IDEA under “Other Health Impairment.” This law states that,

   "Other health impairment means having limited strength, vitality or alertness, including a heightened alertness to environmental stimuli, that results in limited alertness with respect to the educational environment, that—

(i) Is due to chronic or acute health problems such as . . . attention deficit disorder or attention deficit hyperactivity disorder . . . ; and

(ii) Adversely affects a child's educational performance."

Parents need to be aware that protections afforded under IDEA, in comparison to Section 504, generally demand more specific details regarding interventions provided to students with disabilities (such as ADD/ADHD), have stricter guidelines as to what a school district must do to ensure that student rights are protected, and provides parents with a stronger safety net to fully participate in the educational decisions regarding their students.

As noted, two complaints have already been filed regarding the allegations listed above with the United States Department of Education, Office for Civil Rights (OCR), including one filed on behalf of all students identified with ADD/ADHD at Lone Hill Middle School, “A California Distinguished School.” Additional complaints are currently being written that will be filed with California Department of Education, Special Education Division. ASEE is seeking other parents of students at Lone Hill Middle School and/or within the Bonita Unified School District, who have faced similar problems, to join in on the complaints that have been filed with OCR. Parents should note that, should they decide to do so, their confidentiality is ABSOLUTELY ASSURED and that is a violation of Federal Law for OCR to disclose their names to the district.