letter to the board

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- Dianna Pharr

Letter to the Eanes ISD board of trustees:

September 1, 2007

From: Dianna Pharr [mailto:dpharr@austin.rr.com]
Sent: Sunday, September 02, 2007 7:10 PM
To: 'trustees@eanes.k12.tx.us'
Cc: 'Nola Wellman'
Subject: History of Eanes ISD's Refusal to Provide 2003 ADA Facilities Assessment Review to the Public

September 1, 2007

To: Eanes ISD Board Members

Reference: History of Eanes ISD's Refusal to Provide 2003 ADA Facilities Assessment Review to the Public

Beginning seven years ago, Eanes ISD taxpayers funded several facilities assessment reviews and reports including but not limited to the 2003 ADA SHW Facilities Assessment Review outlining specific ADA violations.

September 2005

Eanes ISD ignored requested access to public information that included reports funded by our tax dollars and related to district facility access for children with disabilities. Eanes ISD administration failed to produce responsive documents, a violation of the Texas Public Information Act.

January 2006

The Eanes ISD superintendent refused a second request for the same information, failing to produce even a single page of responsive documents although many of the documents were super-public according to state law.

Instead the district requested an opinion ruling from the Office of the Attorney to withhold every responsive document including but not limited to the 2003 ADA SHW Facilities Assessment Review.

April 2006

The State of Texas Office of the Attorney General ruled that Eanes ISD must produce the requested public information.

Eanes ISD administration continued to withhold the documents.

August 2006

A taxpayer complaint was submitted to the Travis County Attorney David Escamilla.

December 2006

Subsequent to the intervention of the Travis County Attorney, Eanes ISD administration produced responsive documents including but not limited to the 2003 SHW ADA Facilities Assessment Review.

February 2007

Eanes ISD parents offered to work with Eanes ISD on an ADA Task Force to identify ADA violations and create a list of priorities for the current bond.

April 2007

District representative Bill Bechtol convened the ADA Task Force. When one member informed the group that the ADA reports existed, the entire Task Force specifically requested data, including the most recent ADA facility assessment report, in order to begin their work.

May 2007

At the second of two meetings, District representative Bill Bechtol informed the ADA Task Force that each committee member must pay $90.00 to receive a copy of one report, the 2003 SHW ADA Facilities Assessment Review. A taxpayer submitted a $90.00 check to Eanes ISD the following day. His check was never cashed and he did not receive the report.

Fact

The 2003 SHW ADA Facilities Report provides detailed lists of ADA compliance problems at every Eanes ISD school. The report includes specific information regarding emergency egress problems, playground and recreational field barriers, restroom barriers, and numerous other ADA violations.

To date, Eanes ISD has not provided the 2003 SHW ADA Facilities Assessment Review to the ADA Task Force.

Fact

Eanes administrators have actively and repeatedly withheld this report from stakeholders, and now have paid more consultants to generate more reports.

Comment

As district superintendent, Nola Wellman has an absolute responsibility to the board, the community, and our children to insure that all children can access district programs and facilities including those children with disabilities. Eanes ISD superintendent fought disclosure of this information in every way possible including the expenditure of our education tax dollars with no limit to retain and fund attorneys to battle against taxpayer rights to access this public information and use it to advocate for the children in our district. This denial of information was a denial of our right to be informed and protect the rights of children in our community and district.

I have watched this district repeatedly deny the needs and rights of children with both invisible and visible disabilities. There are many children with disabilities in our school that have been forced into private school because they cannot attend Eanes ISD. Nola Wellman has a responsibility to comply fully with board policy as well as state and federal laws that govern our school district. I allege that she has failed to do so. Further, I am very concerned that Nola Wellman is misrepresenting fact in response to direct questions by board members and witnessed by the public during more than one board meeting.

Request

I request that the Eanes ISD board of trustees consider carefully the actions of Nola Wellman and the resulting denial of children’s rights, community involvement, and spiraling legal costs. Please also consider Texas Administrative Code Title 19, Part 7, Chapter 247 requiring Eanes ISD administrators to comply with certain requirements including the following:

Standard 1.1. The educator shall not knowingly engage in deceptive practices regarding official policies of the school district or educational institution.

Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other applicable state and federal laws.

Standard 3.2. The educator shall not knowingly treat a student in a manner that adversely affects the student's learning, physical health, mental health, or safety.

Standard 3.3. The educator shall not deliberately or knowingly misrepresent facts regarding a student.

Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, sex, disability, national origin, religion, or family status.

Sincerely,

Dianna Pharr

Eanes ISD parent and taxpayer