Brandon vs CMS continues

Our fight with CMS continues!!!!! Two weeks ago we got official word that CMS is appealing to the Federal Court in Charlotte. This process can take about a year. Interesting enough the next day our attorney received a settlement offer from CMS’s lawyer. Needless to say the offer was not acceptable to us(Surrrrprise, surrrrprise, surrrrprise as Gomer Pyle would say).

We were amazed to find out also that Dr Rhyne the assistant superintendant for Exceptional Children was extended a new contract by the School Board, apparently the Board approved it without seeing the contract. I wish I could assign my own salary. The Charlotte Observer published all CMS six figure salaries in the paper the other day, she was in the top 30 at approx $119,000. Surprise, surprise, surprise. Nice gig if you can get it, you don’t even need good people skills, we can attest to that.

For those that may have missed our article in the Observer it is no longer available for free on their website but I found it a couple of other places.

Here is a multimedia presentation that is on the Observer website:

This editorial cartoon ran in the Charlotte Observer on May 3rd. It references an article that appeared in the Observer the same day as ours about Mike Marcela the CMS NC accountability specialist who also happened to be the LEA(local education agency) rep for our IEP meetings over the last two years or so that we were dealing with CMS.

Here is a short excerpt from the review officer’s recent decision in our favor:

The IEP Team, and especially those who served as LEA Rep on the Team at David Cox Elementary School, systematically failed to perform required functions. The actions of the Team had the effect of delaying identification of B as a child with a disability and the development of an IEP to serve him. Such actions are certainly lacking in good faith.

We encourage parents in general and particularly CMS parents that think their child may be falling behind and/or struggling in school to make sure that you KNOW your rights because our experience with CMS taught us that you can not trust administration of your schools to do the right thing every time. Peter Gorman’s states on his website that “Here at CMS, we ask three questions to evaluate everything we do: Is it educationally sound? Is it good for kids? Is it fiscally responsible?”

Nowhere does he say, do the right thing for EACH child , do the legally responsible thing for THESE children , do the appropriate thing to do for THIS child? It’s all about money and what they can get away with.


I am married to Wendy and dad to two boys Brandon and Jeremy with Juvenile Batten Disease, a fatal neurodegenerative childhood disorder. I am also active with the Batten Disease Support and Research Association.

Posted in Uncategorized

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

Previous Posts
%d bloggers like this: