Friday, June 8, 2012

Legal Dynasty Reestablished

So apparently Superintendent Maria Geryk changed her mind about using Executive Session for the Amherst Regional School Committee  to coronate, errr, I mean rehire Giny Tate, errr, I mean Murphy, Hesse, Toomey and Lehane as ARPS Special Education Legal Counsel after Fred Dupere suddenly resigned earlier this week (although he is still on the payroll until June 30).

The vote was unanimous except for Amilcar Shabazz who abstained.  Voting in favor:  Katherine Appy, Rick Hood, Lawrence O'Brien, Michael DeChiara, Kip Fonsh, Deb Gould.  Annemarie Foley and Rob Spence were Missing In Action.

Ms Tate is now General Counsel for the School Committees and administration as well as Special Education Counsel, a job she was terminated from by a 5-4 Regional School Committee vote on 9/22/2010.  Her most recent Special Ed case, which concluded in March, cost taxpayers just over $40,000 in legal fees. The Bureau of Special Education Appeals found in favor of the pro se (lawyer less) parent.

Interestingly the case would have cost taxpayers twice that in legal fees if the parent had used a lawyer.  Maybe Shakespeare was right...

30 comments:

  1. You negect to mention that Murphy, Hesse, Toomey and Lehane have a reputation as the best SPED lawyers in MA. Isn't this who we want representing us?

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  2. FYI, Kristen Luschen is not on the school committee any longer. Michael DeChiara took her place.

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  3. Still wondering why Dupree fired the district. Anyone say anything about that?

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  4. Did anyone on the school committee ask why Dupree fired the district?

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  5. Someone should also ask: If "Murphy, Hesse, Toomey and Lehane have a reputation as the best SPED lawyers in MA", why did Tate lose to a pro se parent after investing $40,000 of her time on the taxpayers dime?

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  6. Larry, you clearly no little about special education and law. Exceptional attorneys can lose too!

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  7. Not to somebody without a law degree, unless the case is clearly one sided.

    Tate should have recognized that and suggested school authorities avoid the wasted time, energy and $40-K in fees by settling.

    Maybe we should write into her contract that is she loses a case she does not get paid.

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  8. Meant "if" she loses. But maybe I should have said "when".

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  9. Does anyone have any information on the meeting that took place at the end of May that had to do with the possible regionalization with Leverett and Shutesbury elementary schools?

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  10. Larry, new topic here:
    can you look into why some excellent teachers are being let go or "retiring" from Fort River school. What's going on there?
    thanks.

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  11. I think fired is the correct word. Sad story.

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  12. Larry, why did you block new posts to the other one about the attorney?

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  13. Because as Mr. Moderator says on the floor of Town Meeting when he's sick of hearing the same comments repeated over and over again:

    "Is there anything new to be said?"

    And of course the very first thing a speaker has to do is state their name (and the Moderator is quick to remind).

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  14. And if the repetitive comments agreed with your position you would post each and every one with no negative comments from you about their anon nature. We all know how you play the game larry.

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  15. Pity that I'm the only "game" in town.

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  16. Sorry Larry if you choose to give the option of anonymous. If you remove it then I guess the only game in town will disperse and fade away. Then what would you do? It is clear that you don't have a fair blog for equal expression, and that you as well as the SEPAC blog filter real questions and concerns from that should be asked and answered. The six SEPAC board members have a lot to answer for and they don't have my child's or my families' permission to speak on our behalf.

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  17. Feel free to start your own blog (it's free). Or stand on a soapbox in town center with a megaphone.

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  18. Is there an official body SPED parents can complain to regarding the issue of no representation on the SEPAC board? I don't know much about how this all works.

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  19. Larry's blog went from:

    NO comment moderation, to...

    Comment moderation, and he will post as long as it's not wacky, to...

    Comment moderation, he'll edit out anything that's not Print To Fit.

    Why is that, Larry?

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  20. You forgot back when I did not allow Anon comments.

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  21. So are you willing top answer the question?

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  22. Please stop by our ARPS SEPAC Blog to follow us and learn about recent activity. We welcome ANY/ALL participation from ANY/ALL SE parents and guardians. This is your Parent Advisory Council and we need everyone's voice.

    http://arpssepac.wordpress.com/

    You can also email me directly at mpaciulli@comcast.net

    We are working hard to help maintain working and functional processes, as well as improve the system. I hear from many parents in our Community and would like to hear from you. We encourage parents to attend our meetings and to join/volunteer in any capacity they are able to.

    Melissa Paciulli ARPS SEPAC Co-President

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  23. Melissa,

    Haven't you gotten the message? No one wants to go to SEPAC meetings anymore because they are just plain too negative and filled with anger. Until there are new people at the top of SEPAC - new officers - people won't go to SEPAC meetings. Life is too short to willingly suject oneself to all that negativity and anger.

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  24. Dear Ms. Pacuilli,

    Would you please address all of the questions and concerns raised about SEPAC within this round of postings as well as the previous one that contains 91 comments?

    Thank you.

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  25. Thank you Ms. Paciulli.

    1) For your work.
    2) for your honest reply to the concerns expressed above;
    3) For letting us know how to participate.

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  26. We do not have any additional information on why Dupree resigned, other than what we posted from the Student Services Director. We felt strongly and heard from parents that Attorney Tate used intimidation, bullying and stonewalling as a common method when dealing with SE District/Parents disagreements. Mediation should be taken as a first step. SEPAC feels strongly that through collaboration the SE system can be improved. Parents should not be threatened if they do not agree, this is not productive and results in distrust between the Community and the District as well as costly expenses. The SE process is not intended to be counterproductive, but have the best interest of the child at heart. If the TEAM disagrees, the first course of action should be mediation not litigation or threats.

    We work hard to bring awareness to SE issues going on in the District.

    I am sorry that some parents feel that they are not able to join us. There are two open positions, please consider joining us.

    I would be happy to talk with you or others regarding any questions or concerns with SEPAC and welcome constructive feedback and comments. I am just new to this blog, but will try to review it as I am able to.

    Please email me directly if you would like to and I will address any comments. I have also posted on our blog a statement regarding items I have read here and tried to address many concerns.

    I will not reply to attacks, only offer constructive feedback.

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  27. Ms. pacuillii,

    Thank you for responding and I can imagine how challenging this can be if your intentions are on behalf of students. It would be helpful to hear the exact number of families whom have interacted with Tate and her firm directly. These refernces are unclear about the specific number of families that SEPAC's opinion truly represents. Also, can you tell us how many of those families had attorneys of their own who may or may not have used typical litigation tactics tomwin their cases?

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  28. Melissa,

    Thanks for your comprehensive response on your website. It is unfortunate that you missed the point about who you represent. Without an open, accesible elections process, you only represent those who voted for you. I encourage you to modify your blog to reflect accuracy in your statement and please refrain from stating you represent over six hundred families.

    Thank you.

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  29. Ms. Paciulli seems to mean well. I don't know her at all and have never met her. But she does not seem to understand that due to the overwhelming negativity at SEPAC meetings no one wants to go. No one wants to get involved. Until the current co-president (not Ms. Paciulli) and treasurer are no longer in their positions as officers of SEPAC, the vast majority of parents will stay away from meetings and stay away from active involvement in the group. Ms. Paciulli talks about wanting to work collaboratively with the administration. That is impossible when you have two officers at the top of the organizaton who just plain drip with unbridled anger, hate and disdain at the administration. You can't have collaboration when one side hates the other with the vehemence we have seen at school committee meetings and SEPAC meetings. My hope is that one day SEPAC leadership will change and then more parents will want to get involved and perhaps there can be some collaboration between SEPAC and the administration to meet the needs of the many many SPED students in our schools.

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  30. Someone said:

    "You negect to mention that Murphy, Hesse, Toomey and Lehane have a reputation as the best SPED lawyers in MA. Isn't this who we want representing us?"

    Hmmm. What is the criteria for being the "best" SPED lawyers? Does that mean that they are the most ruthless when it comes to denying families a free and appropriate public education (FAPE)? Is that what it means to be the "best"? Then maybe they are, in that case. But if it comes to doing what's right, that may be a different thing altogether. Also, who is the "we" that so badly want this firm representing "us"?

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