[blindlaw] Denial of technology to a visually impaired high schooler

Luis Mendez lmendez716 at gmail.com
Thu Sep 20 16:04:07 UTC 2018


Good morning:

Do you have a signed receipt or other tangible evidence, such as a notation in a calendar or diary,   that could help establish that the equipment was returned, when,  and to whom? 

Luis


-----Original Message-----
From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Prevost, Ann Marie via BlindLaw
Sent: Thursday, September 20, 2018 10:52 AM
To: Blind Law Mailing List <blindlaw at nfbnet.org>
Cc: Prevost, Ann Marie <aprevost at sidley.com>
Subject: Re: [blindlaw] Denial of technology to a visually impaired high schooler

No they are not coming after us. It was just an argument as to why they can't deprive her of her ADA rights under any senario.
My last email from them was that they were picking it up the last day of school at 11:30, and when she came home the last day of school she did not have it with her.
If we don't have it - it has to be somewhere.... The fact that they didn't realize that it was "missing" for 2 1/2 years is curious.

ANN MARIE PREVOST
Staff Attorney

SIDLEY AUSTIN LLP
+1 212 839 5408
aprevost at sidley.com

-----Original Message-----
From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of MIKE MCGLASHON via BlindLaw
Sent: Thursday, September 20, 2018 10:37 AM
To: 'Blind Law Mailing List' <blindlaw at nfbnet.org>
Cc: MIKE MCGLASHON <michael.mcglashon at comcast.net>
Subject: Re: [blindlaw] Denial of technology to a visually impaired high schooler

What about conversion, larceny might not fly but maybe they can still come at you from a conversion stand point?
Stat lim for conversion?


Mike mcglashon
Email: Michael.mcglashon at comcast.net
Ph: 618 783 9331

-----Original Message-----
From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Prevost, Ann Marie via BlindLaw
Sent: Thursday, September 20, 2018 10:17 AM
To: blindlaw at nfbnet.org
Cc: Prevost, Ann Marie <aprevost at sidley.com>
Subject: [blindlaw] Denial of technology to a visually impaired high schooler

Does anyone have any thoughts on this problem.
My daughter went to public middle school for 6th grade which she left in June of 2016 to go to a private school for kids with Dyslexia. She was there for 2 years and is back in public high school.
They claim that at the end of 6th grade her iPad and CCTV were never returned. Frankly neither my husband nor my daughter remember exactly how they were handed in – whether they were handed off directly or left in the school to be picked up – but we absolutely do not have them. In fact I had to buy her an iPad because EVS does not support kids in private school.
EVS has been a train wreck since the head, Dr. Gardner, retired some years ago. I would imagine that at the end of any school year EVS should have some sort of inventory process to confirm what they have and what is missing and contact parents or vision teachers if something is missing. It has been 2 1/2 years and we never heard about this. Why isn’t her vision teacher from 6th grade or the tech person responsible for collecting these devices? Why is Anna at fault?
Finally, I looked up the statute of limitations for larceny in NY. For anything under $1,000 it is 2 years. It seems that no matter what, they are too late to make a case out of it at this point and infringe on her ADA rights.
Any thoughts?
I am thinking of making a police report.

Thank you all in advance. Here is the email I got:




Regarding Alex's technology for school (CCTV and iPad), I got a response from my supervisor. I'm sorry, but the Technology Solutions Department that handles IEP-driven technology devices confirmed that the equipment initially lent to Alex was not returned. Unfortunately, there is nothing I can do as the Vision Teacher at this point. Should you have further questions or concerns, I was asked to direct you to David Cohen from Technology Solutions. His email is:

ANN MARIE PREVOST
Staff Attorney

SIDLEY AUSTIN LLP
787 Seventh Avenue
New York, NY 10019
+1 212 839 5408
aprevost at sidley.com<mailto:aprevost at sidley.com>
www.sidley.com<http://www.sidley.com>
[SIDLEY]




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