August 03, 2012
Thomas Hoegerman, Superintendent
Board Members, et al
Apple Valley Unified School District
12555 Navajo Road
Apple Valley, CA
RE: Letter from Pat Shelby (rec'd 8/02/12) for Sandia Elementary
Mr. Hoegerman, et al:
I have received the letter from Ms. Shelby and amongst her Welcome Back to School information was received the news that the Bus Stop that my daughters have always used has been removed as a new policy was enacted that if students live within a mile of the school, they will not have Transportation Services.
Now, I am sure that you are aware that the ruler and compass method for determining a one-mile radius from the school is valid only for those students who live in a direct line from the school. I can agree that if a student lives on Sandia or Mohawk Roads, then they would live within a mile. However, my home location was included in this when there is no physical way that my children would have less than a one-mile walk to school considering that there are houses in the way, and given the circular nature of our housing development, there is no clear and easy walking path to the school.
I am sure that the Apple Valley Unified SD did not intend for Elementary School children and their parents to be unconvenienced in such a horrific manner. I cannot imagine that my children would walk no less than one mile to and one mile (see included Google Map form) from school each day in our harsh weather environment here in the High Desert not to mention that there are absolutely no sidewalks anywhere on their route which would open them to harm from a motorist.
If my children - and please keep in mind that I have three daughters -were to walk to and from school each and every day, they would not only be fighting the harsh elements and potential motorists as well but the other children that they endure at school each day. They would be open to the harassment and torment from other students who have and could harm my children since they would be unsupervised for no less than one mile twice a day.
The Sandia personnel is also aware that there is a custody issue with my three daughters. What assurances and promises will the Apple Valley School District provide to me in the event that on any occasion where my daughters are forced to walk to and/or from school and they are abducted by their non-custodial father because he learned that there is no longer a bus stop for them. Is the Apple Valley Unified School District going to pay all of the legal expenses required by me in this instance?
Lastly, there is the added concern that in the one mile radius from Sandia Elementary School, in the DIRECT path of their shortest walk lives two (2) Registered Sex Offenders per the Megan's Law site. Now, I am realistic and I know that this site is not updated regularly, and given that there is not adequate State Funding for the proper personnel, we can agree that there are probably more sexual offenders living in this area that are not currently on the list.
As an underemployed American citizen who receives no financial support from my daughters’ father with Victorville Court approval, is the Apple Valley Unified School District going to provide the additional, proper shoes for my daughters? They will require more shoes than I can afford in a school year because of the added requirement FROM the AVUSD to walk to and/or from school each day in order to attend school which is mandated and compulsory AND they will need shoes that are updated for the weather changes and patterns. They will also required the additional clothing and accessories to protect them against the elements to attend school. What plan did Apple Valley Unified School Disctrict enact when they removed the Transportation Services for my three daughters, and what is the process for applying for this coverage?
Additionally, given that the only alternative to provide for the safety of my daughters is to drive them to school each day and to pick them up, I would like to know what steps the Apple Valley Unified School District is going to take in order to allow me to drive them to school in the mornings when I will be required to travel for my employer beforehand. Is the school going to provide Before School Care starting at approximately 6:00 am to accommodate myself and other parents in this same situation? Is the school going to ensure that the additional costs of fuel for this is met by the District because I fail to see how it is my burden given that Education from Grades 1 - 12 is mandatory and compulsory under Federal and State Education Law?
How can the Apple Valley Unified School District abide by the Laws of our Country and require that my daughters attend school each and every day but make it a financial burden and a safety hazard for my children to attend?
I am assuming that when the decision was made to remove the Transportation Services for my daughters - and let me remind you at this point we are speaking of ELEMENTARY SCHOOL AGED CHILDREN - the statement was made by you or someone else in the room that since Transportation was removed, that the School District would not be held liable for anything that happens to children.
This, simply, is not a correct line of logic.
It is my contention that by removing the Transportation Services coupled with the fact that this removal was not provided to parents with an acceptable timeline of proper and legal notification, that the Apple Valley School District still falls under the liability case law as noted in Hoyem v. Manhattan Beach City Sch.Dist., Rodriguez v. Inglewood Unified School Dist., Ziegler v. Santa Cruz City High Sch. Dist. and under Joyce v. Simi Valley Unified School District.
Apple Valley Unified School District is aware there are no sidewalks at all in my location except for those immediately in front of the school. The School District made the decision to force my daughters to have to walk in the street to and/or from school which constitutes a safety hazard. This above-named cases all support a school's liability for the physical and emotional harm to the student and the parents even when the students were not on school grounds or during school hours. Schools are responsible for students until the parent regains physical custody, Sir, because, "(d)ue to the special relationship between a school district and its students and their families, there is an affirmative duty on the district to take all reasonable steps to protect its students." (Glaeser & Calcagnie, 2005) And this duty, Sir, stems in part because of the compulsory nature of education in America.
Due to the aforementioned reasons and explanations, if the School District is not going to re-establish the bus route for my daughters, then I demand that the School District provide personal transportation as they would under Special Education Mandates - to and from my door - for the DURATION of my daughters' attendance at Sandia Elementary. The youngest of my children is Third Grade.
If these measures will not be met, then I demand to know the Liability Coverage of the Apple Valley Unified School District, the Carrier, the Address and Contact Phone number as well as the Name and Contact information for the Attorney or Law Firm that represents the School District in the event that I should have to file suit against the District in the event of harm of one or more of my children.
I demand an immediate response,
Kasey Koehler
Now, for the record (because I print this blog every year), here was the District's response:
Ms. Koehler,
We received your fax today. Mr. Matthew Schulenberg, Asst. Superintendent will be responding to you next week as he is not in the office today. Thank you.
Sandy Dillman
Apple Valley Unified School District
Wow! Well I feel all warm and fuzzy about their obvious concern for my children. I know that I don't usually post "venting" material in my blog, but I really needed to get this out and in the open. I have called all over my Town Offices in order to find someone who will help to prepare for the safety of the children now having to walk to school, but it's a Friday, and apparently, no one is working. Of course, the Town Offices are closed every other Friday, and it's impossible to tell if today is that Friday.
I have always understood why people choose Charter Schools and Schooling at Home for their children. This just further substantiates the problem, and to make matters worse, I AM a teacher in this State and I get no better treatment than anyone else. In fact, I'm asked why I'm "making waves" when I "understand how it is." Um, the schools and its personnel have more rights and influence on how I parent my children under the current laws, so shouldn't I be able to hold them accountable in this situation?
OK, so the rant is over for now. I have to return to my trainings and preparations for this next school year in my capacity of "School employee" and deal with worrying about my own daughters' safety starting next week later.
**Update: In all fairness, I have no note that Mr. Hoegerman did contact me late yesterday. He informed me that due to budget cuts, the school district had no choice, but he was concerned because parents were supposed to be notified back in the Spring. He stated that the information was on the school's website (which I later found - it was buried under "budget cuts" and not highlighted as Transportation Ending or something similar). Mr. Hoegerman said they are looking into the information that I gave them, and that he will personally call me back Monday afternoon with a solution.
As cynical as I am, I am certain that they are looking into the legal ramifications against the District if something should happen to a child walking to school and THAT will determine their "solution."
In the meantime, I'm going to continue to pursue the planning and building of sidewalks, curbs, and the painting of crosswalks within a mile of each and every school in my Town.
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