| 10News Investigations http://www.10news.com/investigations/9405962/detail.html Poway's Special Ed Program Dumping Ground For Kids? Parents Say Program Deserves Failing Grade POSTED: June 21, 2006 UPDATED: July 17, 2006 POWAY, Calif. -- Westview High School is a relatively new and shinning star in the Poway Unified School District, which is known for its high standards and excellent record of educating kids. "We've got fantastic kids here, wonderfully dedicated teachers. It's a system that I think works," associate superintendent Dr. Kevin Skelly said. This year, the California Department of Education rated Westview High School and 31 other schools in the district as excellent. It also gave the district's special education program high grades.But some parents told 10News that Poway's special education program is a wasteland where kids are dumped. They said it deserves a failing grade, according to 10News. Parents and students said the district doesn't know what to do about kids who are not mentally disabled, but who cannot learn in a regular classroom setting. Jason Stewart is one of those kids who said they've been left in the dark to fend for themselves. "They didn't teach me anything. They didn't help me out," he said. A senior at Westview, Stewart should be graduating this week with his friends, but he won't be. "I see my friends going to college, and I can't even graduate from high school. It's horrible," he said. "Poway is finding in his 12th year (of education) that my son has severe vision processing deficits that they were responsible for finding way back in the first grade," Jason's mother, Lindsey Stewart, said. Jason wants to learn, but his mind has trouble grasping what he sees. Instead, his brain scrambles to process every sound he hears, making it difficult to to focus in the classroom. "I'm smart enough to know I shouldn't be in the special ed class," he said. But over the past 11 years Stewart has been shuffled around from regular classes to special education classes. He said it's made him even more confused and depressed. "I felt rejected by the other kids, because they said, 'Oh, he's a special ed kid,'" Stewart said. At Black Mountain Middle School Stewart became suicidal. "I would just give up sometimes and feel like this is pointless," he said. And while the state gave PUSD rave reviews for special education, the district has been suing students whose parents don't want their children in the special education program. Lindsey Stewart took the fight all the way to the ninth circuit court of appeals. "There's actually three major law firms that are fighting me," she said. PUSD is fighting her with a vengeance by racking up more than $400,000 in legal bills in the Stewart case.But the legal battles don't end with Stewart. Evalyn Smith's children and dozens of other students have been sued or threatened with lawsuits by the district, according to 10News. "It blows my mind how they could sue a student to force them into a special education class," Smith said. Smith said the district has to stop lumping all students together in a "one-size-fits-all" special education program. A total of 25 kids with "learning differences" are involved in lawsuits with the district, 10News reported. According to Skelly, that's not a lot. "To have 25 unhappy parents out of 3,000 -- that we have not been able to resolve with -- I think is very good," Skelly said. Parents and students said more people are afraid to come forward because the district has a record of retaliation. "In my opinion we are retaliated against," Smith said. Retaliation like lawsuits, orders to gavel down parents at school board meetings to quiet them, and security personnel following parents on campus. District officials won't talk about any of the cases, but said the problem stems from a lack of funding, not a lack of caring. "The federal government and the state government do not give us enough money to meet the needs of specialized students," Skelly said. Some parents said they are turning to alternative private schools and getting better results. |
| Channel 10 story (below) Was Tom Jensen fired for investigating this matter? Why has Marti Emerald refused for many years to investigate wrongdoing in schools? |
3:07-cv-01060-WQH-POR
Poway Unified School
District v. Stewart
William Q. Hayes,
presiding
Louisa S Porter, referral
Date filed: 06/11/2007
Date terminated:
10/17/2007 Date of last
filing: 11/21/2007
APPEAL
U.S. District Court
Southern District of
California (San Diego)
CIVIL DOCKET FOR CASE
#:
3:07-cv-01060-WQH-POR
Poway Unified School
District v. Stewart
Assigned to: Judge
William Q. Hayes
Referred to: Magistrate
Judge Louisa S Porter
Case in other court:
USCA, 07-56670
Superior Court of San
Diego, Central, GIC
863832
Cause: 28:1441 Petition
for Removal
Date Filed: 06/11/2007
Date Terminated:
10/17/2007
Jury Demand: Both
Nature of Suit: 446 Civil
Rights: Americans with
Disabilities - Other
Jurisdiction: Federal
Question
Plaintiff
Poway Unified
School District
represented by
Penelope R Glover
Atkinson Andelson
Loya Ruud and
Romo
11440 West Bernardo
Court Suite 174
San Diego, CA 92127
(858)485-9526
Fax: (858)485-9412
pglover@aalrr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Lindsey Stewart
represented by Lindsey
Stewart
c/o Dan Stewart
PO Box 97
Poway, CA 92074
(858) 254-6495
PRO SE
Poway Unified School
District v. Stewart
William Q. Hayes,
presiding
Louisa S Porter, referral
Date filed: 06/11/2007
Date terminated:
10/17/2007 Date of last
filing: 11/21/2007
APPEAL
U.S. District Court
Southern District of
California (San Diego)
CIVIL DOCKET FOR CASE
#:
3:07-cv-01060-WQH-POR
Poway Unified School
District v. Stewart
Assigned to: Judge
William Q. Hayes
Referred to: Magistrate
Judge Louisa S Porter
Case in other court:
USCA, 07-56670
Superior Court of San
Diego, Central, GIC
863832
Cause: 28:1441 Petition
for Removal
Date Filed: 06/11/2007
Date Terminated:
10/17/2007
Jury Demand: Both
Nature of Suit: 446 Civil
Rights: Americans with
Disabilities - Other
Jurisdiction: Federal
Question
Plaintiff
Poway Unified
School District
represented by
Penelope R Glover
Atkinson Andelson
Loya Ruud and
Romo
11440 West Bernardo
Court Suite 174
San Diego, CA 92127
(858)485-9526
Fax: (858)485-9412
pglover@aalrr.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Lindsey Stewart
represented by Lindsey
Stewart
c/o Dan Stewart
PO Box 97
Poway, CA 92074
(858) 254-6495
PRO SE
3:06-cv-00908-BEN-CAB
Poway Unified School
v. Stewart
Roger T. Benitez,
presiding
Cathy Ann Bencivengo,
referral
Date filed: 04/20/2006
Date terminated:
04/28/2006 Date of last
filing: 09/29/2006
TERMED
U.S. District Court
Southern District of
California (San Diego)
CIVIL DOCKET FOR CASE #:
3:06-cv-00908-BEN-CAB
Poway Unified
School v.
Stewart
Assigned to: Judge Roger
T. Benitez
Referred to: Magistrate
Judge Cathy Ann
Bencivengo
Demand: $0
Cause: 28:1441 Petition
for Removal
Date Filed: 04/20/2006
Date Terminated:
04/28/2006
Jury Demand: Plaintiff
Nature of Suit: 440 Civil
Rights: Other
Jurisdiction: Federal
Question
Plaintiff
Poway Unified
School District
represented by
Penelope R Glover
Atkinson Andelson
Loya Ruud and Romo
11440 West Bernardo
Court
Suite 174
San Diego, CA 92127
(858)485-9526
Fax: (858)485-9412
Email: pglover@aalrr.com
LEAD ATTORNEY
ATTORNEY TO BE
NOTICED
V.
Defendant
Lindsey E Stewart
represented by Lindsey E
Stewart
9825 Caminito Cuadro
San Diego, CA 92129
(858)538-6166
PRO SE
Poway Unified School
v. Stewart
Roger T. Benitez,
presiding
Cathy Ann Bencivengo,
referral
Date filed: 04/20/2006
Date terminated:
04/28/2006 Date of last
filing: 09/29/2006
TERMED
U.S. District Court
Southern District of
California (San Diego)
CIVIL DOCKET FOR CASE #:
3:06-cv-00908-BEN-CAB
Poway Unified
School v.
Stewart
Assigned to: Judge Roger
T. Benitez
Referred to: Magistrate
Judge Cathy Ann
Bencivengo
Demand: $0
Cause: 28:1441 Petition
for Removal
Date Filed: 04/20/2006
Date Terminated:
04/28/2006
Jury Demand: Plaintiff
Nature of Suit: 440 Civil
Rights: Other
Jurisdiction: Federal
Question
Plaintiff
Poway Unified
School District
represented by
Penelope R Glover
Atkinson Andelson
Loya Ruud and Romo
11440 West Bernardo
Court
Suite 174
San Diego, CA 92127
(858)485-9526
Fax: (858)485-9412
Email: pglover@aalrr.com
LEAD ATTORNEY
ATTORNEY TO BE
NOTICED
V.
Defendant
Lindsey E Stewart
represented by Lindsey E
Stewart
9825 Caminito Cuadro
San Diego, CA 92129
(858)538-6166
PRO SE
| Lindsey Stewart v. Poway Unified School District |
| The following was posted on the now-defunct Schwablearning.org parent message board: Parent shall pay District $1302.00 within 30 days of the issuance of this decision as a consequence of her bad faith. This order is enforceable in the same manner as a money judgment. On: 5/18/07 at 12:08 PM This message has been viewed 1219 times and has 20 replies Parent shall pay District $1302.00 within 30 days of the issuance of this decision as a consequence of her bad faith. This order is enforceable in the same manner as a money judgment. http://www.documents.dgs.ca.gov/oah/seho_de cisions/ 2005080077.pdf [For more about bad OAH decisions, see Office of Administrative Hearings.] |
| In obvious retaliation for her lawsuit against the Poway Unified School District, Shinoff went to court to make this parent pay $2 per page for faxing a court document. |
| Then the court asked this question: did Poway and the court have the right to turn a limited civil case into an unlimited civil case by asking for and issuing a $25,000 warrant for arrest on the basis of much smaller debt? |
| The Appeals Court allowed Poway to continue its efforts to get blood from a woman with no resources. |
| The debtor's hearing judge agreed to a $25,000 warrant for the arrest of parent Lindsey Stewart when she failed to appear. Poway school district sold the winning brief on the Internet at $25 a copy. The "winning" brief is no longer for sale. |
| On August 11, 2005, the California Special Education Hearing Office granted the District's motion for sanctions against Stewart for her failure to notify it and SEHO in a timely manner of her withdrawal of her request for a hearing. SEHO issued an order granting the District $3,091.25 in sanctions and costs. |
| from Best Best and Krieger site: SANCTION POWAY UNIFIED SCHOOL DISTRICT v. LINDSEY STEWART, No. D048901 (107 LRP 31437 (Cal. Ct. App. 6/06/07) The Poway Unified School District can enforce its 2005 sanctions order it obtained against parent Lindsey Stewart in an administrative proceeding. Since 1999, Stewart has filed at least 10 unsuccessful administrative actions on her son's behalf against the District. On August 11, 2005, the California Special Education Hearing Office granted in part the District's motion in one of the actions for sanctions against Stewart for her failure to notify it and SEHO in a timely manner of her withdrawal of her request for a hearing. On August 31, SEHO issued an order granting the District $3,091.25 in sanctions and costs. Stewart refused to pay. After two hearings in May and June 2006, the court entered a judgment granting the District's petition and ordering Stewart to pay the District $3,091.25 by June 16, 2006. Stewart also failed to appear at a debtor's examination in October 2006. http://www.bbklaw.com/news-firm-173.html |
| 2008 The California Court of Appeal to Poway School District and its lawyers: "Yes, you can have a parent arrested for sending faxes." |
| A case of parent abuse and retaliation by Poway Unified School District and attorneys Daniel Shinoff and Justin Shinnefield |
| The answer, given on March 6, 2008, is yes. |
| SAN DIEGO EDUCATION REPORT |
| mauralarkins.com |
$400,000+ in billable hours
instead of $6,000 for Fusion school
instead of $6,000 for Fusion school
| ..... SEHO Fait, Director of McGeorge School retaliated and sanctioned parent in the amount of $3,091.25 for April 27,2005 Hearing Dated that Parent had a medical certificate issued for a medical emergency. Nine subpoened district employees were scheduled for hearing dated March 10th, 2005 and April 14,2005 but failed to appear. Transcripts of AALRR motion on the March 10th,2005 Hearing Date,before Defendant Fait, to deem Lindsey Stewart a vexatious litigant, and that in order to go to hearing, has to post a security bond.... Records, and transcripts, are lodged in PUSD v. Lindsey Stewart 07 CV1060, before Judge Hayes...... Read the full story, of PUSD and Superior Court Judge issuing a $25,000 Bail, for the arrest of parent..... at a Due Process Hearing Location, at the PUSD.................... It just so happens, that Geren graduated from McGeorge School of Law, and Fait, and Geren attacked parent.... in retaliation, and used the Due Process to promote defamation of character ,,,, for the parent that aggressively advocates..... against attorney's in the IEP process, that involves conspiracy, tampering with witnesses......... Please read how AALRR and Emily Shieh, worked together concealing records from parent before Due Process Hearings, in a memo, concealing records of physical attack against minor son..... This document is found at 07 CV0971 Opposition in Response to AALRR Motion to Dismiss. Read the financial records, and memo of five ways attorney's concealed records during due process........ |
| Reply 6 of 12 Sent On: 10/05/07 at 09:10 PM From : momspeaks Asearchers posted a 4th Appellate Case No. not known to the community. What was not stated is that prior to PUSD seeking attorney's fees in SN05-00258, SEHO Fait, and PUSD were being sued in Federal by Lindsey Stewart...... |
| [Maura Larkins' note: Good point. The matter stinks of retaliation from top to bottom. |
| [Maura Larkins NOTE: I know from personal experience that Poway USD's lawyer Daniel Shinoff brazenly refuses to produce documents, even when it's clearly established that he has them. One of the excuse in my case was, "The paralegal couldn't find them." San Diego public school boards should be ashamed of the dishonest and wasteful channeling of tax funds to lawyers that goes by the misnomer of "due process." --Maura Larkins] |
From Schwab Learning Message Board Subject: POWAY UNIFIED SCHOOL DISTRICT v. LINDSEY STEWART, No. D048901 (107 LRP On: 9/05/07 at 08:31 AM Message created by: asearchers |
| POWAY UNIFIED SCHOOL DISTRICT v. LINDSEY STEWART, No. D048901 (107 LRP 31437 (Cal. Ct. App. 6/06/07) The Poway Unified School District can enforce its 2005 sanctions order it obtained against parent Lindsey Stewart in an administrative proceeding. Since 1999, Stewart has filed at least 10 unsuccessful administrative actions on her son's behalf against the District. On August 11, 2005, the California Special Education Hearing Office granted in part the District's motion in one of the actions for sanctions against Stewart for her failure to notify it and SEHO in a timely manner of her withdrawal of her request for a hearing. On August 31, SEHO issued an order granting the District $3,091.25 in sanctions and costs. Stewart refused to pay. |
| NOTE: This cost was calculated using a charge of $2 per page of faxes sent. --Maura Larkins |
| NOTE: Refused to pay?! More likely, she couldn't pay! The taxpayers haven't bestowed millions of dollars on Lindsey Stewart as they have on Daniel Shinoff. --Maura Larkins |
| After two hearings in May and June 2006, the court entered a judgment granting the District's petition and ordering Stewart to pay the District $3,091.25 by June 16, 2006. Stewart also failed to appear at a debtor's examination in October 2006. |
| Please read Opposition to Response from OAH Motion to Dismiss and Strike Complaint in 07CV0971..... Reply 7 of 12 Sent On: 10/05/07 at 09:21 PM From : momspeaks Just to be clear regarding 37 IDELR 164 publication, involving PUSD, AALRR, Shieh and Geren with OAH, this 2002 publication, does not contain Stewart's name.............. Reply 8 of 12 Sent On: 10/06/07 at 06:40 AM From : asearchers thanks for more info on this. [was only the messenger of what i thought to be an important matter.] Reply 9 of 12 Sent On: 10/06/07 at 02:50 PMFrom : pacer Momspeaks- I recall reading recently that another mom is suing Daniel Shinoff from Artiano, Stutz, & Holtz for some similar stuff in case No. 06 cv. 1285 IEG (AJB) in the United States District Court for the Southern District of California. Then I was also reading in http://mauralarkins.com/ that Daniel Shinoff is involved in another scandal with another lady with similar allegations. Just yesterday the newspaper in this article is about some back alley mediation between Daniel Shinoff, a former San Diego Judge Superior Court Judge David Moon, former president Victoria Munoz Richart and her attorney Bob Ottlie, plus 2 board members from the Mira Costa College to give Richart a $1.5 million gift of PUBLIC FUNDS to buy her silence. In the meantime the rest of the board members for Mira Costa College did not have a clue about the back alley deal. [http://nctimes.com/ articles/2007/10/04/news/coastal/2_01_ 4610_3_07.txt] One would think that San Diego has a District Attorney that monitors this type of questionable activity and allegations of attorney impropriety. One has to question what in the world is going on in San Diego County and why millions of dollars of Public Funds are dissapearing. Reply 10 of 12 Sent On: 10/06/07 at 06:09 PM From : pacer Here is another case against Daniel Shinoff in the Southern California Superior Court this one is for SLANDER in Alberts vs. Shinoff case No. GIE014186 (from Gallagher Shinoff, Artiano, Stutz, & Holtz). Hum, I guess he is not so popular after all. This message has been viewed 354 times and has 12 replies http://www.schwablearning.org/message_boards/ view_messages. aspx?thread=22157&pg=1&sortBy=dDate#R http://www.schwablearning.org/message_boards/ view_discussion.aspx?thread=23877&message=23 8507] |
| [Maura Larkins' note: As Eeyore would say, thanks for noticing me!] |
| Equal time question for Marti's District 3 opponent: Why did April Boling's Taxpayers Association give an award in 2002 to a school district (CVESD) without examining its budget? |
| Did Emilyl Shieh, a lawyer for the Poway teachers union, an affiliate of the American Federation of Teachers, work with the district to attack Lindsey Stewart and other special education parents? |
| Update: Poway fails to produce lawyers' bill for faxes. Was the entire case against Lindsey Stewart based on a false allegation? |
| http://www.schwablearning.org/message_boards/view_discussionaspxth read=22157&pg=1&sortBy=dDate |
| The Claudia Houston case (Atty. Dan Shinoff) |
| Lindsey Stewart case (Atty. Dan Shinoff) |
| David Alberts v. Atty. Dan Shinoff--Defamation case involving atty. Deborah K. Garvin. (Garvin perjury.) |
| School lawyers v. parents and students |
| Fred Kamper case (Atty. Dan Shinoff) |
| June 2007 Supreme Court Decision against CTA regarding child sexual abuse |
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| Vista USD/Guajome Park sues student for exposing teachers who changed grades |
| Blogs |
| Home Why This Website SDCOE CVESD CTA Stutz Artiano Shinoff Silence is Golden Schools and Violence Office Admin Hearings Larkins OAH Hearing |
| Case Number D050202 Poway Unified School District Plaintiff and Respondent Justin Russell Shinnefield Atkinson Andelson Loya Ruud & Romo 11440 West Bernardo Ct., Suite 174 San Diego, CA 92127 Stewart, Lindsey : Defendant and Appellant Pro Per |