Denver Post Fri. Aug. 19, 1977

[This article is in ADAPT 69 and ADAPT 71, but is all included here for easier reading.]

[Headline] Debbie Wins School Board Vote: She'll Stay at Boettcher School
By Art Branscombe
Denver Post Education Editor

A compassionate majority of the Denver Board of Education voted Thursday night to let Debbie Tracy, a cerebral palsy victim, continue to attend the Boettcher School she loves, even though she is over the age of 21.

The vote came after a stormy interlude in which Board President Omar Blair shouted down Miss Tracy’s attorney, Nathan Davidovich, when the latter tried to address the board.

The 4-3 vote on a motion by Board Member Kay Schomp specified that Miss Tracy may attend Boettcher School for the handicapped only for the first semester of the 1977-78 school year, while legal action is pending to straighten out her status.

The tuition at Boettcher School is more than $6,000 per year for nonresident students.

However, while the school board was in executive session considering the issue, Davidovich revealed he filed a motion in Denver district court late Thursday seeking a temporary restraining order requiring school officials to allow Miss Tracy to continue at Boettcher until the courts act on his plea for permanent relief.

A hearing on the motion for a temporary restraining order was to be held early Friday before Judge Robert Fullerton, Davidovich said.

A companion lawsuit, filed by Davidovich and attorney Charles Welton, in behalf of Miss Tracy, four of her companions in the Atlantis Community and other handicapped persons, seeks:

Compensatory education for Miss Tracy and others of her class of handicapped persons who were denied admission to public schools programs "for a period equivalent to the number of years during which an adequate education was denied them".

To invalidate Colorado laws limiting public education to children between the ages of 3 and 21, as applied to handicapped persons over 21 who are educable and have been denied an education suited to their needs in public schools.

The plaintiffs motion estimates there may be as many as 10,000 handicapped persons in Colorado who would belong to this class.

The school board was unaware the companion legal actions had been filed when Miss Tracy, a dozen or more of her companions at the Atlantis Community- a community of handicapped persons, most of them in wheelchairs- and her parents and lawyers appeared in the board room of the Denver Public Schools Administration Bldg. 900 Grant St.

Mrs. Schomp, chairman of a board subcommittee on special education, noted the persons in wheelchairs in the audience and, at the start of the board's meeting, moved to take up Miss Tracy's case before it would normally come up on the agenda.

The board voted, 6-1, to do so, with only Board Member Robert Crider dissenting.

Mrs. Schomp then moved that the board allow Miss Tracy to continue at Boettcher School for the first semester of the new school year "while we are seeking a state ruling as to where funds for her education should come from".

State special education funds go only-unless the new court action determines otherwise- to children under the age of 21.

Crider asked whether admitting Miss Tracy would set a precedent binding the board in the case of other handicapped persons.

Michael Jackson, the school board's attorney, said the motion by Mrs. Schomp would only commit the board for one semester.

Mrs. Schomp said the subcommittee was aware of possible legal pitfalls. "We are also aware we can't commit the school district to something illegal," she added, "but the subcommittee felt we shouldn't penalize this one person while the whole ponderous (fund - seeking) process is taking place.

"The best solution may well be in the courts," she noted.

Miss Tracy's problem is that in addition to cerebral palsy, she has perceptual handicaps. After being denied admission to the school system, she wasted nine years at the Ridge State Home and Training School and another five at the United Cerebral Palsy Center- in neither of which she received any substantial education

After two years at Boettcher, she now reads at about the third-grade level, her mother, Elaine Jacoby, said.

"I love school- my teacher helps me there, and I learn things I never learned before,"Debbie said recently. And she wants to continue there.

However, this spring, because she is 21, she was "graduated" from Boettcher with a "certificate of attendance" rather than a high school diploma. And school officials said she should go to Opportunity School rather than continue at Boettcher.

Crider insisted at the board meeting that allowing her to continue at Boettcher "puts every board member in the position of making a decision that may affect us for years". He moved to table the motion to admit Miss Tracy.

Board Member Bernard Valdez supported his motion, asserting that if the board voted to admit her to Boettcher it would "defuse" the lawsuit her attorneys were preparing.

At that point, Davidovich moved to the speakers table in the bedroom and tried to say something.

Chairman Blair pounded his gavel and told Davidovich to "Shut up.. I don't want to hear anything from you. We offered to set up a special meeting with you and you refused."

When Davidovich persisted in trying to speak, Blair gaveled him down and then called for an executive session of the board, which lasted for more than half an hour.

During the executive session, Davidovich told reporters he merely wanted to tell the board he already had filed the lawsuit and the board's action wouldn't affect that.

When the board returned, it voted not to table Mrs.Schomp's motion, then voted to approve it, both on 4-3 votes.

Voting for admitting Miss Tracy were an unusual combination: Board Members Naomi Bradford, Marion Hammond, Virginia Rockwell and Mrs. Schomp. Against were Blair, Crider, and Valdez.

After the vote, a disgruntled Blair thundered that the vote "is not a precedent set by this board in any way, shape, or form".

Members of the Atlantis Community- 11 of whom were by then sitting in front of the room in their wheelchairs- booed him lustily.

The school board then recessed- having done nothing else on their agenda to that point- for a dinner break.

Asked about how she felt about it all, Debbie Tracy said , "Yes, I'm happy" about being allowed to continue at Boettcher. "It all seemed to be pretty interesting,"she added. " And I'm tired of staying at home."

Created on

Wednesday 10 July 2013

Posted on

Monday 29 February 2016

Tags

age 21, Boettcher School, Colorado education law, compensatory education, Debbie Tracy, Denver Board of Education, public education

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