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District, student hoping to resolve graduation issue

By Maggie Creamer
News-Sentinel Staff Writer
Saturday, April 18, 2009 1:58 AM PDT

Comments (36 comment(s))

In the next two weeks, both Lodi Unified School District and Jeremy Hixson and his family are hoping to resolve the issue of how Hixon will participate in the Tokay High School graduation on May 29.

Hixson has filed a letter requesting the district find a way that he can roll his wheelchair across the Grape Bowl’s field during the ceremony. He has threatened a lawsuit that would also include the other areas of the Grape Bowl that don’t comply with the Americans with Disabilities Act, including the restrooms.

District administrators have discussed the issue with Hixson during at least three meetings throughout the school year, said Art Hand, the district’s assistant superintendent of facilities and planning.

Once Hixson, who had surgery Wednesday, is able to attend a meeting with the district, they will discuss options on how Hixson can participate in the ceremony.

“We’ll sit and talk and come to the resolution to give Jeremy the opportunity he so desperately wants, to graduate with his class,” Hand said.

The meeting will also include the city of Lodi. City spokesman Jeff Hood said on Thursday that if an agreement can’t be reached, the city might not allow the graduation to happen at the Grape Bowl. Staff does not want to put the city at risk of being sued, Hood said. Hixson’s mother, Kim, who spoke by phone from a Sacramento hospital Friday, said her main problem is that Jeremy mentioned his concerns in August, and a resolution has not been reached.

She said that Jeremy originally agreed to have his wheelchair pushed, but this was before he learned how long the walk is across the field and about the other parts of the Grape Bowl that are inaccessible, including how he will enter and exit the field.

“He’s an independent, very active wheelchair user ... Walking is a part of (the ceremony), part of becoming an adult and it’s part of tradition,” Kim Hixson said.

The district will meet with its lawyers and ADA specialists to make sure the options they provide meet ADA requirements.

Hixson has suggested constructing a walkway, which the district originally rejected out of concerns that it was a tripping hazard. He then suggested a Mobi-Mat, which cost about $4,000 for a 82-foot long mat.

Kim Hixson said her son was reluctant to fight the district, but the family wants to ensure no other students have to worry about being left out of parts of graduation ceremonies in the future.

“He doesn’t want them to cancel graduation. He wouldn’t do that to his fellow classmates,” Kim Hixson said. “He would say ‘I won’t even do it, then,’ before he would let that happen.”

Contact reporter Maggie Creamer at maggiec@lodinews.com or read her blog City Buzz.

Reader Feedback

Gator wrote on Apr 23, 2009 1:47 PM:

" Tokaymom, when you have people working to solve the problem and those people
come up with very workable solutions for him, Legal action is out the window… No one doubts his desire to power up to receive his Diploma on his own!! 4000.00 for an 82 foot mat. 11 sheets of ¾ 4x8 plywood would run less than 150.00 and I would be surprised if you couldn’t find a contractor that would donate the labor to install and remove it. The tremor wheel chair is 2600.00 and free shipping, far cheaper than the mat. As I said before
I gave the LNS contact info for the chairs. It took all of 3 minutes to locate a local
Supplier. Newspapers claim to be the peoples advocates, I think it’s time for the LNS to step up to the plate… "

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throwitdown23 wrote on Apr 23, 2009 1:29 PM:

" this kids a jerk and a stoner its not fair to us graduates "

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Tokaymom wrote on Apr 23, 2009 10:41 AM:

" I am proud of Jeremy for standing up for his rights and for the rights of others. I hope he follows through with the lawsuit against the city and the dsitrict. The Grape bowl should have been shut down years ago. I am surprise no one has sued before because it is so out of compliance. "

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sam wrote on Apr 23, 2009 6:50 AM:

" Great blog, Gator. "

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Gator wrote on Apr 22, 2009 4:00 PM:

" Ktbubbles, are you for real??? There have been several very real solutions to the young mans problem, how is that cruel?? I did research and found sources for All Terrain Wheel chairs!! I believe he has an electric chair and he said he wanted to use his own power and not be pushed. So the plywood walk way or the All Terrain chair fit the bill. LUSD said they would Cut the grass and fill holes, what’s wrong there?? The one Chair I found can roll over Sand, Snow and rocks and is propelled by the person in the chair, I believe that is what he wants!! I’m sure a supplier might donate a chair for the day, more than likely… My problem?? Don’t drag lawyers into the picture, it sounds crass to say do it my way or ill sue, that smacks of look at me, look at me.. You have a problem with that??? "

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ktbubbles wrote on Apr 22, 2009 11:21 AM:

" I can not believe how cruel you people can be I also have a son with disabilitys!!! I know this family personaly & none of you know the struggle this young man has had!!!! Why dont you try walking a mile in his shoes Oh I forgot he cant walk. What happen to human commpasion for one another? What if this were your child & you had seen his struggle to be a productive member of society, had done his or her 4 years in High school just to be told oh sorry we cant accommedate you. This is a right of passage that comes once ONCE in a life time. I cant believe how cruel the world our community has become.
Also it is the Law that all places that are open to the public be handicap accesable WE THE PEOPLE MADE IT LAW!!!!! "

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dogbark wrote on Apr 20, 2009 10:59 PM:

" a plywood walkway would be far less a "tripping hazard" IMHO than the girls walking on the sod in high heels.
This stinks, as it is obvious IMHO the district is trying to throw up roadblocks by proposing something which they can reject as "not having the funds." This whole situation will continue until, we the citizens, will pay for this young man's college tuition after he wins the suit he "isn't going to file," when the district drops the ball. "

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Gator wrote on Apr 20, 2009 8:21 PM:

" All terrain wheel chair, he said that he doesn’t want to use his electric or be pushed . So the All Terrain satisfies the question. I sent the LNS contact info
And I’m sure if some one got off their duff they could get one donated for the Day. The Tremor is half the price of the Mat…Then again we need to keep the John Edwards Trial Attorney full employment association if full
court press… "

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edumacation wrote on Apr 20, 2009 4:17 PM:

" dyan: SAy waht? How can you call a person who is differently abled a dictator? All he wants are his rights under the law. The "dictators" in this case are small-minded kleptocrats who try to get us to obey their every whim.

Its obvious that the real villain is not this young person, but the selfish oinkers at the LUSD Areida center. Lets see some volunteers among those miscreants to help our youth.

It's NOT "about THE KIDS" as the YES on measure K were bleating a few years ago. IT IS ALWAYS ABOUT "ME FIRST!" ---They feed the kids whats left over---if any. oink oink oink grunt. Yes, you Mr. Asst Superintendent! I don't think Jeremy is wearng a "magic back pack" that opens doors for him. Odie, what about your SEED propaganda in this matter? WRONG. "

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dyan wrote on Apr 20, 2009 12:58 PM:

" What a crazy country! One person can hold up the ceremony of hundreds of people. He must feel like a dictator. "

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edumacation wrote on Apr 19, 2009 11:05 PM:

" Jerry: If a few "friends" handed me one million dollars for 100 days of "work", I think I would happily show my appreciation by carrying the student up to the diploma reception area on my shoulders. LOL Where is the respect?, the humility? All we see is selfishness and hubris at the temple on Vine street. What ever happened to the LIFE SKILLS lessons that we paid consultants to use?


The only "lifeskill" I see honored by the Administrators and their functionaries is "ME FIRST--get out of the way!" "

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collegegirl wrote on Apr 19, 2009 10:45 PM:

" I think Jeremy is setting the district up to be sued. Where does it say that we have to provide a graduation ceremony? Just hand out the diplomas at the last period. "

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KenH wrote on Apr 19, 2009 8:38 PM:

" Again, I'm a proud flame and I did graduate at the Grapebowl but again there are some factors you have to weigh in. Like it or not there are people with disabilities in this world, sure you don't have to tend to them every time they request something but they want at least some recognition and respect.

An ADA accessible graduation ceremony is nothing for everyone to get up in open arms about, worst comes to worse both Lodi and Tokay can hold their ceremonies at Hutchins Street Square or even UOP. "

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KenH wrote on Apr 19, 2009 8:34 PM:

" where the University of the Pacific is located is far from being the ghetto in Stockton, in fact its located in a rather rich side of the neighborhood. Now, correct me if I'm wrong, where is the grapebowl located? What side of town is it again? Remember a couple years back there was a gang rivalry that nearly disrupted the graduation ceremonies for both Lodi and Tokay high? "

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sam wrote on Apr 19, 2009 4:37 PM:

" ... and please, shockedinlodi, why is the suggestion of an all terrain wheel chair so heartless?

I also have learned that they have wheelchair accessable porta potties. Is that what this young man wants?

While I was confined to a chair I knew my limitations. Is a catheter out of the question? "

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sam wrote on Apr 19, 2009 4:29 PM:

" shockedinlodi, while I was confined to a wheelchair I could not " get up and walk out" of my wheelchair. I also had no idea if I would ever get out of my chair.

I was lucky to be able to finally get out of one this last round and I thank God everyday for that.

My point is my affliction is mine... not the worlds ... and not Lodi taxpayers. "

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shockedinlodi wrote on Apr 19, 2009 4:01 PM:

" Wow most bloggers are pretty harsh on this board. I am shocked at the heartless comments. You say something about him filing a lawsuit, guess what that is his right. If the school did nothing wrong they will not have to pay. You can not stop LUSD from getting sued. Trust me you are running a up hill battle, they set themselves up to be sued by being a school district that no longer cares about the students. I will be more than happy to give examples of this if needed. The Grape Bowl should have been updated in 1990 with ADA requirements and then we would not be having this conversation.

Tired - and so was lead paint see we learn over the years.

Sam - You wrote "I have been confined to a wheelchair many a time and was forced to accept the fact that I needed a "push" or "help" at times."
Sorry to burst your bubble but your were able to get up and walk out of your wheelchair. You can not compare many times to a life time of being confined. Sorry it is not the same. "

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dogs4you wrote on Apr 19, 2009 12:55 PM:

" Sam, great suggestion, but then again that would be to simple. Seems the kid`s in it to prove a point, that he is disabled. When he leaves high school, he will be just another name on the ADA`s list, who unless he or someone else needs their assistence could care less as to who they are. Just like everything else, it`s all about money and what can you do for me. Time to take personal respondability for yourself. "

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sam wrote on Apr 19, 2009 12:28 PM:

" Ha... it even climbs stairs !!! "

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sam wrote on Apr 19, 2009 12:28 PM:

" Gator, I agree. This would be a great solution.

Here is just one website that shows them.
http://www.thechallenger4x4.com/ "

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Gator wrote on Apr 19, 2009 12:06 PM:

" I came across this just looking to see what is available in Self propelled all terrain wheel chairs…Tremor misc. Sport Wheel chair!! Standard with “Fatso Tires” and front casters
includes quick release rear axles and fixed front axles…24 standard colors and 6 custom
Colors… In the colours Tremor all terrain wheel chair not only can you push yourself easily
Down to the ocean, lake or river but you will be able to move independently freely through
Any type of sand, mud, snow or off road surface…I’m sure some dealer just might donate
the use of the chair for graduation, the publicity would be invaluable. Or the young man
Could buy it it’s cheaper than legal action and cheaper than the mat…if this is long term
He would never be restricted Just to cement!! " "

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sam wrote on Apr 19, 2009 11:39 AM:

" Jerry, nope it would not be less pathetic if it were my son. I have been confined to a wheelchair many a time and was forced to accept the fact that I needed a "push" or "help" at times.

It was hard to accept but seriously you do realize that the world is not 100% wheel chair accessible?

Where is your heart, Jerry? If you believe this kid needs a special runway, show some compassion and a heart and donate it. "

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Jerry wrote on Apr 19, 2009 10:45 AM:

" Sam

The shoe always fits tighter on the other foot. In this case, lets make that a wheel. There is no foot to stand on or shoe to walk in, is there?

I am wondering if it would be a little less pathetic if it were your son getting pushed? Sounds like you can learn something from your son's kind gesture. Find your soul. Find your heart.

Have a nice Sunday "

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Jerry wrote on Apr 19, 2009 10:35 AM:

" Can't we accommodate this kid and not spend a ton of money. Is it really that complicated?

Problem with this District (L.U.S.D.) is they have a Board that's a sleep at the switch and pushes off their responsibilities on the lavishly paid kleptocrats...who don't have brain one between them.

This District gets sued every other week because they don't understand that most student rights (or teacher's rights for that matter)are not a matter of courtesy they are entitlements. Until "the powers that be" change the laws that govern education "the District" will be forced to follow the law, end of story.

Edumacation is right! If you can pay smilin' Len a million bucks to work an extra 100-days; if you can pay the superintendent 230K, 168K for the associate superintendent then they can find a way to pay the tab on what should be a problem with a simple remedy.

I'll betcha the arrogant, cavalier, disdainful, dismissive, hubristic, huffy, insolent, better-than-thou Board and their highly paid toadies haven't made a worthwhile effort to find a compromise yet. Who's got the brain today? "

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sam wrote on Apr 19, 2009 9:52 AM:

" My son went to Tokay and pushed his fellow classmate in a wheel chair throughout the graduation ceremony. He was honored that his friend asked him.

This kid is making drama out nothing. Pathetic. "

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edumacation wrote on Apr 19, 2009 7:52 AM:

" Maggie: You story says implies money is the issue. The un-censored post by kits 419 also agrees.

Bu,t can this really be true? EXAMPLE: Only one year ago, the school board agreed to pay what the Stockton Record described as a lavish ONE MILLION DOLLAR pension benefit to a retiring Asst Superintendent of Personnel who was "acting" interim Superintendent for about 100 days. It's reall ALL ABOUT PRIORITIES Do we follow the federal ADA law, or feast on the cash goodies to reward people "we like"?

I hope Jeremy continues to stand up for his rights and face the monster of our local LUSD Edu-ocracy. TO LUSD: Lets continue to pretend we care about "access, equity and opportunity", when we really only care about feeding ourselves first? "

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max stanfield wrote on Apr 19, 2009 7:08 AM:

" Attn: Posters: Hanner has a real short fuse on this topic. Most blogs were deleted, and none met the "Potentially libelous statements or damaging innuendo.
Profane, explicit, or racist language.
Personal attacks, insults or threats.
The use of another person's real name to disguise your identity.
Comments unrelated to the story." policy, but were deleted anyway. "

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citizen wrote on Apr 18, 2009 10:28 PM:

" No one wants to go to ghetto stockton to graduate. Cmon these are Lodi schools. "

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KenH wrote on Apr 18, 2009 9:55 PM:

" Lodi High and Tokay High are the only high schools in the area who graduate at the Lodi Grapebowl, I think LUSD should finally consider moving their ceremonies to UOP like other schools as UOP's stadium is ADA accessible not to mention keeping all students' health in mind.

Don't get me wrong, it felt awesome graduating at the bowl in 2002, a truly awesome and memorable event, but the heat was insane and I became near deathly ill due to practicing in the extreme heat.

I've walked the field, its uneven in parts, its lumpy, the grass blades are a bit long, it can be a challenge for someone wo wishes to operate his own wheel-chair.

I feel both for the student and the district in this case though. "

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tired wrote on Apr 18, 2009 9:16 PM:

" well said educator. Sad situation but enough is enough. The stadium was there, long before this kid was born. "

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blossom wrote on Apr 18, 2009 11:11 AM:

" I know Mr. Hand, and he is a loving father. I know that he WILL make sure that this young man's needs ARE met.
I also know him to ba a compassionate person that always puts kids first!
I have NO doubt that this will be resolved easily and all will work out best for this young man. "

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OTH wrote on Apr 18, 2009 9:56 AM:

" Gator

I'm with toy. There are electric wheelchairs with wide tires that should be able to handle the problem. The young man has a right to graduate but if the city would have bulldozed that run down relic we wouldn't be having this discussion. "

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john95632 wrote on Apr 18, 2009 8:08 AM:

" Have it at the school gym.. Problem fixed. "

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educator wrote on Apr 18, 2009 8:07 AM:

" Spock said it best....."The needs of the many, outweigh the needs of the few...or the one."

Sure hope this kid doesn't need a LUSD owned defib at the graduation. The lawyers along with stupid juries are ruining this country. "

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Gator wrote on Apr 18, 2009 6:47 AM:

" Has anyone thought of contacting A medical supply company about a wheel chair that can handle this type of terrain. There are lots of different types of
chairs available, electric, racing, all Terrain and over sized tire models. I’m
quite sure a supplier would be more than happy to donate one for an occasion such as this and I’m also sure he will find lots of his friends would be more than ready to push the young man to get his diploma, good luck !! "

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kits419 wrote on Apr 18, 2009 6:26 AM:

" It is only because Jeremy submitted the the letter and mentioned his right to take legal action, the school is willing to explore "options". Instead of reiterating they don't have any money and can't do anything they actually going to consult the district's ADA specialist. Best thing of all...the city wants to help be involved in coming up with a solution. CLEARLY, IT IS ALL ABOUT THE MONEY...but to THE CITY AND DISTRICT not Jeremy!! So relax, Jeremy isn't going to let graduation get canceled He did what he had to get results. The failure to take any necessary corrective actions and completely ignore compliance obligations for over 15 years is wrong. The budget constraints would be legitimate if there had been ANY effort or attempt by the city to comply with the 1990 ADA requirements. He was offered one accommodation that excluded him from the interaction and excitement other graduates will experience as a group and another one with safety issues, Did they it expect it to be ok?? The city and district have been stuck long enough! This is exactly what they needed. To do something besides vote and vote and vote... "

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