A Complaint to the TEA (Texas Education Agency) I sent in 2011 in reference to what occurred

Lidia Nichols vs Cfbisd Complaint for 5/6 December 2011

To Whom It May Concern at the TEA,

I, Susan M. Nichols am lodging a special education complaint against the Carrollton Farmers Branch Independent School District on behalf of my daughter, Lidia Louise Nichols, again. This is the 2nd complaint in 2 years, but this time, instead of it being limited to just a complaint, I am wanting to go straight to Due Process as I have had problems with CFBISD in the past, and I am still dealing with CFBISD in the present. I come to you with a multitude of problems, some repeating what happened in 2009 and in 2010 with my daughter, showing a pattern within CFBISDʼs home that needs to be rectified. I will start with the original problems, then the on going problems before I get into what started this whole fiasco...again...


***Originally in 2009***

I asked for help at McCoy Elementary of CFBISD for aid in Special Education for my emotionally disturbed daughter, the short of the long is they denied it to me for a variety of reasons. Finally, in January 2010, after my daughter was hospitalized, Ms. Rink told me of a “brand new program” that we would be “guinea pigs” for. I signed the paperwork and we were off. In March the school had the meeting without me, with my permission, but never finished the paperwork as I never signed anything.

In April 2010, McCoy took my emotionally disturbed daughter on a field trip to the Fort Worth Zoo with 3 untrained parents to 6 children and those 3 parents lost my daughter to the point that the Zoo Security found her and had her in custody for at least 24 minutes before Ms Hatcher, Lidiaʼs 1st grade teacher; went to get her. After that, the next day, when Lidia had a break down, Ms. Hatcher called Lidia “a 2 year old” in front of the entire class as she was choking herself as a reaction to the talk about the zoo and it all rolled down hill from there. Lidia was hospitalized in mental institution after mental institution after that. Residential Treatment Facilities became standard for months at a time and acute care seemed to be the normal.

I moved to Austin to be closer to my daughterʼs hospital and I sold my house in Carrollton. I did everything I could for Lidia. I fought CFBISD to take responsibility, still with to no avail. Right now we are in the meeting of Due Process for everything I described and more; this was just a brief summary. This does not include CFBISD denying me access to my daughterʼs records, their falsifying documents, falsifying ARDs at McCoy Elementary, sending a Texas doctor to test my daughter in Arkansas when he was only licensed in Tx, etc. I recently moved back to Irving/Dallas, which I did not know was within CFBISDʼs area, however, I was told I had to give CFBISD a chance to prove themselves at being adept to handle my daughter and her needs after Lidia got out of the hospital. So, after the hospital said they could only do as much as they did and the insurance company said they would only pay for so much...here is where we are going to start...


**2011, After the Hospitalizations***

Now in Irving and not in Carrollton or McCoy Elementary anymore, I give La Villita of CFBISD the chance to prove that not all of CFBISD is bad. I give CFBISD the chance to prove that not everyone is discriminatory. I give them the chance to show that CFBISD cares about their disabled studentsʼ well-being and that CFBISD truly wants the best for my family and everyone involved.

In August 2011, I have my ARD (all the while still going through my mediation and Due Process for the 2009-2010 incidents with McCoy) with La Vallita. At the meeting, I explain the problems I had with McCoy, the problems that I have with CFBISD, and the problems I had with Dr. Richard Hughes (the Tx doctor who went to Ar). We move past that, have a good time, and discuss everything needed for Lidia to get the ball rolling for her to have the best start as possible.

Initially, I was kept in the loop on what was going on with Lidia in the classroom...kind of...but as the weeks and months went on...that started to fade... Ms. Bartonʼs daily sheets became more vague and more “fluffy” where everyday was a 40+ out of 50 and she only had nice things to say about Lidia. Do not get me wrong, I love my daughter and I only want to say nice things about her; but I accept that she is emotionally disturbed and that she has problems. Lidia comes home and we talk and she tells me of her issues. Each day she would tell me of her frustrations and what she would do in class and it would not be reported within the sheets sent home by Ms. Barton. I commented here and there on the sheets, but everything was brushed aside by the teacher and I was kept in the dark.

It was not until I had a meeting with the BRS teacher, Ms. Herring on 7 December 2011, that I found out the truth. Lidia had run away from the class and school several times, without me being notified; as Lidia had told me had happened. Lidia had plenty of outbursts and fits of rage without me being notified or it being reflected in her daily home chart, but it was notated in her daily chart mildly. It was lightly noted that Lidia talked about wanting to “kill people in her class” when she has been hospitalized for that on numerous occasions, and when I brought that up, the subject was quickly changed. Cursing, throwing things, etc happened as Lidia said, but much lighter than she described in her words, within the book, and she was hardly docked points and I did not and do not understand why she would receive a 38 out of 50. Using language such as “b***h” and “kill” only marked her one point off of her chart and it still baffles me when they know it is harmful for her.

I will list all of the days that were sent home to me as “good” or “great” days, and yet Lidia had outbursts and reactions and there was nothing said to me at all in the paperwork that came home to me. Some I understand, but others, there is no reasons as to why I was not notified.


*** Repetitive Behavior #1- CFBISD ***

As with McCoy Elementary and Ms. Reiter, the school counselor who told me that Lidia was the "perfect student", preventing Lidia from being in Special Education, so I see the repetitive behavior with Ms. Barton at LaVillita with the points sheets for Special Education. Ms. Barton would send home to me that Lidia would get mostly 6 out of 6 or 50 out of 50, telling me that nothing happened that was wrong; yet Lidia would tell me she had outburst, fits, and fights. It was not until my meeting with Ms. Herring on 7 December 2011 (see CD) that I received the partial truth. In the following notes of the following pages, you can see the discrepancies.

***Notes From Pages From Lidia's School Records showing sub-problems a - l***

Why are there several days where Lidia had lunch with her teacher? Isn't that usually a punishment? Why was I not alerted via writing or phone call?

Tuesday 27 September 2011 - I was not alerted that Lidia ran out of the school. Also, why is it that she only lost 10 points for escapism and all I was told was she needed to "keep working"?

4 October 2011 - It is emphasized that Lidia needed social skills lessons, yet I was told she had a "great day!"

5 October 2011 - Lidia only lost 1 point for cursing and throwing a pencil at someone

7 October 2011 - Lidia asked about sex…I would like to know if my daughter is talking about sex at the age of 9 years old.

11 October 2011 - Lidia ran away from her teachers again, and I was not told…again…

12 October 2011 - The first mention of Isabelle (problem child in classroom who antagonizes Lidia constantly) who Lidia would throw fits over; rearranged seats

20 October 2011 - There is not even a note as to what Lidia did wrong, there is a note to see an ABC Data card, but there are several notes where Lidia had points taken away

21 October 2011 - Once again, Lidia ran away and she only lost minimal points

31 October 2011 - Lidia threatens to kill and curses, that is an automatic hospital stay, but the school did not tell me with the exception of saying she used vulgar language

1 November 2011 - It is said in the paperwork to me "Lidia is having nice day wit occasional difficult moments" yet she scores a 6 out of 6…

11 November 2011 - In paperwork, was not told that Lidia bit someone, but then she scored a 5 out of 6 for the day?

~ This paperwork did not have included the day that she destroyed the classroom, attacked several students, attacked the teacher, etc on 5 December 2011 and the following days… ~


I was told in writing and on the phone that my daughter, Lidia was only going to be at the Behavioral School, EA for 5 December 2011. I ended up finding out the next day from my daughter that she spent a second day there, and was about to spend a third day there, had it not been for my email to the administration. Apparently, the BRS is supposed to alert me of such changes, and they never did. * See attached emails, EA documentation, and admittance on voice recording with Ms. Herring*


I was told after the fact of my daughter being in EA that I should have received point sheets from the campus that my daughter was from; which makes no sense. I would think that the point sheet would come from EA so I could directly hear from the teacher what is happening with my child. However and nonetheless, I heard nothing from no one. No point sheets, no signature sheets, no updates, nothing. I was completely kept in the dark…again…


Mr. Warren of EA states (see recording) that he communicates with most parents; why not me? He also states that he is to get to know each student once he is put on their ARD/IEP/BIP…why not my daughter? He also states he visits children throughout the time, why not mine if it was set up? He also states he has not run into the problem of "not talking to the parents very much", but yet we have a failure to communicate here and he was on Lidia's BIP since August so he would have been able to meet with me since then. Lidia has been in LaVillita since September.


***Repetitive Behavior #2 - CFBISD***

Why was I not a part of the EA Release? In May 2010, June 2010, and July 2010, CFBISD had several ARD/IEP Meetings without my knowledge or consent to have them, without my presence for Lidia. Here we have this same problem.


Mr. Warren states, "the point charts are for everyone to understand…", but why are they not for me to see?


In the meeting with Ms. Herring, Lidia discusses the fact that Mr. Warren put his hands on her to take her out from underneath her desk. In Mr. Warren's call, he claims he guided her out from underneath her desk because of a plug and staples; what are staples doing near an outlet? What is his definition of guide? Why not get another teacher to help, such as a female teacher? Did he have to resort to laying hands on my daughter?


***Repetitive Behavior #3 - CFBISD***

Both days that Lidia went from EA to After the Bell, the after school care program, no one was ready for Lidia to be there. John, one of the employees, told me that when he arrived, he saw Lidia sitting in the office with un-trained people just doing their own work while Lidia amused herself as he came in. No one had alerted the ATB staff via phone or email until Tuesday, according to the program coordinator's texts. She was arriving at 2:45 when Lidia normally arrives between 3:20-3:40, so the trained aides were unprepared and the people who were not able to properly handle Lidia were left with the responsibility of a Special Needs child.


***Repetitive Behavior #4 - CFBISD***

The school did not fully explain EA and how it worked to me. *See ARD Meeting CD


***Repetitive Behavior #5 - CFBISD***

A teacher cruelly treating Lidia's Special Needs emotionally disturbed medical condition that has been proven to be a disability as nothing more than worthless. Mr. Warren calls Lidia's problems "a crutch". *See phone call CD

These are my complaints that I am filing for Due Process against CFBISD. Please feel free to contact me at ***-***-****. My address is *** ***** **** ******, Tx *****. Thank you for your time and have a nice day.


Susan Nichols


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