266TH District Court

Hello again.

Sometimes it is really hard starting one of these blogs as I've said before. I know what I want to convey, but doing so without the vehemence I feel, is trying. Up to this point, Cheyenne had undergone an extensive surgery on Good Friday 2015 to remove her thyroid which contained a cancerous lesion. They also removed a lymph node to check for metastasis (disease that has spread outside the tumor.)

The tumor had been found completely by accident or divine intervention, as we believe, after a softball injury and subsequent testing. Thankfully, her spine was okay and she had no fracture, but a nodule had been seen on CT in the ER. The doctor had recommended checking into it after Chey's neck injury healed. Of course, we didn't wait, at all, and we are fortunate my inability to let things ride took over and we went ahead full steam. We did more testing, at our family doctor's office, and within a week of the accident, we were scheduled at Texas Children's Hospital in Houston. Their Thyroid Tumor Program was ranked third in the nation and we liked their philosophy of a team approach instead of seeing different specialists in different locations and practices.

It was a whirlwind time, that is for sure! Discovery of the nodule on March 7th and removal on April 3rd made our heads spin. Cheyenne had no intention of letting this diagnosis slow her down anymore than necessary and she was back at school within a week after the procedure. Fatigued for sure, but battling all the same. She is an amazing young woman, then and now. It is just too bad the damn school wasn't more focused on that aspect and following the Commissioner of Education's ruling than on trying to ruin her life.

I am still amazed that grown men and women would stoop so low and treat a student this way. I understand, in hindsight, that they had to - and still do. They cannot allow us to show our physical evidence. I (along with several others) believe they will do anything to stop that from happening. I was often afraid for Cheyenne's safety, especially after the bullying on campus and the obscene sexually explicit attacks on Yik Yak.  More so, it was the lack of authorities protecting her and seriously investigating that fed that fear.

We met our lawyers, Susan and Keith, at the courthouse. We chatted a bit and then proceeded inside. Cheyenne was ill and I had already made her a doctors appointment for later in the day. She was having chills and some fever, but it was imperative she be present. Now, I want to make sure that it is clear to you all as to why we were in court in the first place. I must remind you all that over the previous two years, we had followed the school's grievance protocols. We had done everything the policy required, absolutely everything spelled out in that policy, eventually filing a Petition for Review with the Commissioner of Education. A side note here, (on the record at the Level III hearing with the school board), the school's attorney said we had no recourse to do anything further if they voted to uphold the previous decisions. 

It is a good thing that I can read, huh? It still mystifies me that the attorney for DISD could also be the "impartial moderator." How could someone, on their payroll, who was accepting a fee for services rendered AND giving them advice be impartial? Answer: they can't.

But, on the other hand, it incredibly sad that most of the board member's don't check the laws themselves and instead, rely totally on said advice. This I believe is one, if not the most critical, problem with school board's. Any Tom, Dick or Harry (no offense Tom, Dick and Harry's out there) can get on one if they have enough friends to vote them in or to appoint them to vacated positions-regardless of education, intelligence or ability. In my opinion, this is more prevalent in small town settings. Now, there are exceptions to this trend. I have seen people that are willing to stand up for what is right and just, even though they are outnumbered from the get go. People who are there for what is best for the students, not necessarily the district in itself. It is a sad fact that all to often, they are squeezed out.

Anyway, after following all the guidelines, the Administrator at Level I had thrown out our grievance on an "untimeliness" basis. Basically, he said we filed outside the time allowed, which I believed we did not. After the initial denial, each level followed suit and summarily denied the grievance. It is noteworthy here to mention that the School Board's decision was not  unanimous, they upheld the previous decision by a mere 4-3 vote. My personal opinion is that those votes against had decided the outcome long before the meeting and nothing that was presented would change that.

The Petition for Review was docketed, reviewed and decided-in OUR favor-with the Commissioner ordering the district to hear the merit of our grievance. The final decision was given in January of 2015. Now remember, two long, grueling years had passed since this had begun.  Three full months had passed since the decision was given without a meeting being scheduled, AND graduation was right around the corner. The school had been given a directive from the head of the education system in the state, and they were just sitting on it! We had not been afforded full and complete due process through the grievance proceedings and had no recourse but to file a request for temporary injunction through the court system. Hence, the reason we were in court.

Hopefully, that clears up any questions in regard to why we were here.

We were not the first case of the day, so we sat and watched the other proceedings and Susan handed us a large bunch of papers she had just been given by the opposition. (Apparently, they gave much more to the judge, who was not at all thrilled.) In those papers, the school had alluded to some impropriety on Chey's behalf. We were all totally bewildered as to what they were referencing, even though we were completely convinced they would do ANYTHING to discredit her. (What else could they do? They had to deflect the fact they had yet to comply by any means possible...Even if it had nothing to do with the grievance.) All we could do was shrug our shoulders and wait.

Eventually, the time came and we moved from the stands to the arena. Picture that you are facing the judge and there are two large tables between the benches and his podium, just like on TV. We were on the left side and they were on the right and my, they had a huge constituency of followers with them. Many were recognized and several were not. My how dangerous we must have been...to warrant such a group. We, on the other hand did not have a large group. Only a few friends had come to support us. Thanks to them forever!! You really learn who your true friends are when you are in the lowest places. There were also a couple of other individuals supporting us that the DISD's lawyer tried to run off but, alas, they were not so faint of heart and stayed!

The four of us, (Susan, Keith, Chey and myself) sat down at the table. Chey was very pale and still had the steri-strips on her neck from surgery. She was also chilled so she had a lap blanket on. I was adjusting this, at one point, and noticed one of the local preachers enter and slide into a seat at the back of the room. It was a very curious site, I figured out later, he had political aspirations....

Susan and Keith had all their papers organized and we waited to start. Keith was there as our local contact in this jurisdiction to assist us since Susan's practice is in Houston. He ended being much more than that, when all was said and done. He is a very special man in my book--he rates right up there with Atticus, as does Susan!

I must admit, it is somewhat intimidating in this atmosphere due to the formality of the proceedings. I knew this case forwards and backwards and needing no prompting to remember every, ugly detail that had occurred to this point but I ran over everything time and time again. The opening statements were given and the judge tossed the large bundle of papers the opposition had sprung on him, to the side (with some vehemence may I say.)  It seemed that he was not amused such a quantity of information had been given to him right before court. I can't blame him for that!

Susan was brilliant! She stated the facts of the case as to what had brought us to this juncture. Basically, she explained that there has to be a recourse when an entity gives a directive and it is not complied with! That is what democracy is supposed to be, right?

Ms. Leon gave her presentation and then BAM!!

She told the judge that they, (DISD) didn't even know if 'the student' was going to graduate. She said that Cheyenne had something like a 15 in the grade book in her dual credit English course and it was highly unlikely that she would graduate. My heart was instantly pounding and it took everything to keep my butt in that chair and my mouth closed. All I could think was "What the holy hell was she doing?" Chey had been out on medical leave with freaking cancer and your pulling this! Jeez, we all know grades are often lagging when students are ill and they are given extended time to complete assignments and Chey was certainly ill. All Chey whispered to me was, "Just wait until my grade comes out, that will show the truth."

Susan pushed her chair back very quickly and stood up. She told the judge exactly that! They went back and forth for a while and then the subject turned to the school's due process rights...really? We had been waiting for TWO YEARS on "due process" and all we got was dragging feet! Now they wanted "due process", I couldn't believe it!  Ultimately, Ms. Leon informed the judge that they had filed for a hearing in Travis county or were about to. (They feel the Commissioner erred in his decision) The judge decided he could not make a decision without giving them their time in Travis County and we would/could follow up after that hearing. What else could we do? A few other things transpired also, but that is for another story or book-after we settle this whole mess.

We went on to the doctor afterwards. After speaking to Cheyenne's dual credit teacher's, I found out that the DISD counselor had not even disclosed Chey's illness to them-Cheyenne had done so herself. Cheyenne ended up with a high A in that class after it was all said and done. They had opened all the modules so she could work when able. Often times, she would complete several assignments at a time, then she would sleep the days away but, she did complete them and actually excelled. It is amazing what can be accomplished with a bit of understanding and compassion. The school's case is still pending in Austin at this time, as is ours, in Erath. Oh well, all we have is time right....

Time, we still didn't know what it had in store for our child though,

Next time, Pathology woes,

XXOO Make Everyday Count,

Bonnie

From Bad to Worse...

Well, here we meet again.

The last couple of posts have been a bit off topic. I guess I have been avoiding reliving horrible memories, but here goes anyway. We were very blessed that Cheyenne had made it through her surgery! We were also blessed that the surgeon didn't think the cancer had metastasized (spread to other areas in her body) and we were home!

Cheyenne had been injured in a softball game sliding into second base in March of 2015. From a CT scan in the ER, a nodule was found on her thyroid that eventually was biopsied as Papillary Thyroid Cancer. This has been our story....

On April 7, 2015 Cheyenne returned to school, a mere four days post-op, after complete thyroid removal. She was determined to make it as always and she did. She even went to support her teammates at their softball game (which they won) and readied herself for FFA dairy judging the next day. She accomplished that also! It took her sitting in a lawn chair at each area, but she did it. She was exhausted both physically and mentally, and cratered if she sat for more than a minute or two. Most people don't understand how much your thyroid affects your overall health until they experience it. Many people experience feeling colder, being fatigued and suffer from forgetfulness and depression. So, besides just having a major surgery, Chey was having many of these symptoms. Regardless, she kept on plugging along doing the best she could before all hell broke loose on the 9th.

We had been in an ongoing grievance process with Chey's school district since her sophomore year. We had followed the procedure to the "T" as outlined in the policy, yet, the school had refused to hear the merits of our case. Instead, they had stated we filed untimely. Ultimately, after going in front of the school board and losing that Level III appeal-by a 4 to 3 vote, we appealed to the Commissioner of Education, Michael Williams, and on January 16, 2015 he released the decision.

His decision was in a multi-page document, stating "After due consideration of the record, matters officially noticed, and the foregoing Findings of Fact, in my capacity as Commissioner of Education, I make the following Conclusions of Law:

1. The Commissioner of Education has jurisdiction over this cause under Texas Education Code section 7.057(a)(2)(A).

2. Respondent (DISD) cannot reasonably interpret its grievance policy to require Petitioner (Holts) to file a grievance within 15 days of not receiving a report card, when Respondent's teacher told Petitioner that the report card was delayed to add extra credit.

3. An informal grievance policy that encourages a student or parent to meet first with a teacher, principal, or other campus administrator to discuss the problem tolls the timeline for filing a formal grievance until the conclusion of the informal grievance process.

4. Petitioner engaged in the informal grievance process under Respondent's local policy and timely filed a formal grievance within 15 days after the conclusion of the informal grievance process.

5. Petitioner has pled a viable claim that Respondent has failed to adopt or implement policies that meet the requirements of Texas Education Code section 28.022.

6. Petitioner's appeal should be GRANTED, and the case should be REMANDED to Respondent for further grievance proceedings on the merits of Petitioner's claim."

As of April 9, 2015 (and today) the district had not granted that hearing. So we filed for a temporary injunction to prevent the school from calculating and issuing class rankings until a fair hearing was held, as ordered by the Commissioner. We had tried for two long years to work with the school and their policy and felt they had drug their feet hoping Chey would graduate and it would all go away. The hearing was scheduled for Monday April 13, 2015.

This information was included in an article on theflashtoday.com "Holt Family Takes Dublin ISD to 266th District Court in Erath County." The article also stated that the DISD had filed documents in Travis County "because they say the first grievance hearing was held on the student's merits and the grades, not on timeliness." (If you read the transcripts, the school's lawyers clearly and repeatedly remind everyone present that the hearing is strictly on "timeliness" not merit or grades.)

Anyway, Chey had been bullied and ostracized since early on. Many kids said to her and us also that we were "suing the school." We were not, we were following the grievance policy the district had established. Chey often sat alone and the bullying was both in person and online. Of course nothing was ever done. I even had the AD tell me it was my fault because I "put a target on her back."  Unbelievable response!!

When we found out Chey had cancer, I kept thinking, 'Maybe, they will show some compassion and finally do the right thing, have the hearing and put this behind us all.' Some of the kids attitudes had softened, a bit, since her diagnosis, I hoped the adults had too. Boy was I wrong! When the article posted, the few that had thawed were back with claws out. You know how a wild animal reacts when it smells blood? They attack. That's what happened with Chey. Even though the merit had not been addressed and people did not know the story, they judged her as guilty. Sadly, complete strangers seemed to have an easier time, at least, giving her the benefit of the doubt.

I think there is a mob mentality in many small towns and when the school is the biggest employer, it is even worse. I think people are often fearful of retaliation. No one likes to talk about it, but we all know it happens. Our lawyer, told us not to read the comments but how can you not? Thank goodness Chey was too tired to bother, but I had to read them--well at least in the beginning that is.

I was amazed at how people, totally removed from the situation, basically crucified my child, while knowing she had been diagnosed with cancer, no less. They had no idea at all as to what had happened and yet their comments were horrible! I was also amazed and ashamed for those that were acting like our friends to not have the backbone to be upfront. Instead, they would go in and "like" the horrible comments while telling us how much they support us. We are including preachers and teachers in that lot. Boy did it open my eyes to the callousness of others. Having said that, there were a few brave enough to openly support us and we will forever be grateful.  (Love ya, Jim, Carol, Rachel and the work bunches) 

The adults have no excuse, period, and I realize that kids are as fickle as the Texas weather so I could cut them a little slack, but only a little. It didn't seem to matter to any of them that Cheyenne had taken and passed, a polygraph in regard to the issue at hand. When you are a follower, you just jump on the bandwagon because you cannot think for yourself or lead on your own-that is just a fact of life. Very sad, but very true. I guess it is how they try and make up for not having the gifts others do and the drive to succeed. To this day though, I really wonder where their compassion is, if they even have some. I eventually stopped reading the comments and have learned people are basically mean and most are two-faced. Their lives are governed by trying to do more than the Jones' and trying to avoid their own shortcomings and failures by attacking others.

I am also amazed, that my beautiful daughter can still be civil to these heathens. She waits on them at her job and is always as polite to them as she is to any other customer. That to me speaks volumes to the kind of person she is, it is very, very hard for me though. My kids will be better than their momma.

I have said multiple times I am certainly not the best Christian, but I am always up front with everyone. You get what you see and I will tell you my opinion to your face. I am not one to wear one shirt inside the church doors and another when outside those doors. It upsets some, but it is what it is. The way Chey was treated at school is a big part of our story so it will be included in that context. I do not say much about it anymore as we are just in a waiting game, (they usually tell their lawyer when I do and then they call my lawyer.)  Eventually, we will either have a date set in Travis County or we won't, it's that simple.

Chey slept an enormous amount over the weekend. More so than just the thyroid, she was coming down with something to boot. It was par for the course, though, with court bright and early Monday morning.

Next time, Alice and the Queen of Hearts,

XXOO Make Everyday Count,

Bonnie

Home Again, Home Again Jiggity Jig

Well, it sure seems like time just flies right on by and doing this blog gives it a tailwind! I guess that means we are having fun OR I'm getting old...no need for feedback on that one.

On to our story. I have been sharing the journey we have been on since our teenage daughter was diagnosed with PTH (papillary thyroid cancer) inadvertently, after a neck injury while playing softball. At this point in the story, Cheyenne's tumor had been removed, along with her entire thyroid and a lymph node, on Good Friday 2015. We had returned home jiggity jog and we were all exhausted.

With the holiday just having passed, I would like to take a minute, again, to thank those people that helped us be able to concentrate solely on Cheyenne and not the finances. Thanks to Mr. and Mrs. David Conner, owners Dublin Golden Chick and all patrons that participated in their fundraiser. Thanks to Papa, Granny and Double N Cowboy Church for the yard sale fundraiser. Thanks to Jeanette Luckie and all my co-workers at CCMC for the lunch fundraiser. Thanks to Missy Taylor and KB Enterprises for the lunch fundraiser and to all those who donated to Chey's medical fund at Dublin National Bank. We will always hold ya'll dear to our hearts.

Even with insurance, there is always the deductible, co-pays and out of pocket expenses that have to be met annually. You add in the cost of transportation, housing and food and it doesn't take long to drain a savings account, IF you are even lucky to have one in the first place. I count our blessings every day for both Ed and I having good jobs and the help we received. We consider ourselves very lucky.

Some families, like Luke Nelson's in Stephenville, have absolutely unimaginable cost for the treatment of their child's cancer. In Luke's case, it's Neuroblastoma. He has undergone so many tests, procedures, bone marrow aspiration, months of antibody treatment, feeding tubes, morphine drips (because the pain is too much for this 4 year old to handle), in-patient stays, cost of meds for the treatments and not to mention his parents time from work and travel costs. I cannot fathom how they stay as positive as they do...Mia does an amazing job!!

Anyway, we have been very blessed,  and I want to give a little plug for them. Luke lives in the community over from us and they have a GoFundMe account set up to help with expenses www.gofundme.com/lukenelson. If you feel the need and have the ability, I am sure they could use some help...

Coming up next time:

We knew the next few weeks would be trying, we just didn't know how bad they were going to turn out....

XXOO Make Everyday Count (Happy Easter)

Bonnie