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school in a single morning while at work.
Then one day, as he was driving down
Orange Avenue in Daytona, he found he was
in front of Community Legal Services of Mid-
Florida, and he remembered the civil legal aid
organization had once helped his mother.
“It was like a sign from God saying, ‘You’ve
been everywhere, but you haven’t been there,’”
Giddens said.
Just 15 minutes after telling an intake
coordinator his story, he got a phone call. Katie
Kelly, supervising attorney for the Children’s
Rights Unit, would take Ebony’s case.
Kelly’s work is funded by a $99,000 Florida
Bar Foundation Children’s Legal Services
grant. She is one of only a few attorneys in
Central Florida who handles cases like Ebony’s,
and hers is one of 14 varied Children’s Legal
Services projects statewide that the Foundation
supports with nearly $1 million in funding.
Kelly’s project specifically seeks to stop a
pattern in which young students like Ebony are
handed off to law enforcement instead of being
provided accommodations or individualized
instruction in accordance with the federal
Individuals with Disabilities Education Act.
“It was a textbook case of the school-to-
prison pipeline. Kids who struggle – especially
kids who are poor, black or disabled – are not
given these services, and they end up in this
pattern of exclusion, and expulsion through
suspension. And when those exclusions don’t
work, then oftentimes it rises to the level of
kids being Baker Acted, which is an involuntary
psychiatric hold, and arrested,” Kelly said.
“Ebony was not supported. She was not
given appropriate supportive services. And it all
rose to a level that they felt comfortable calling
the police instead of asking for a guidance
counselor for her, or instead of evaluating her.”
Years before, when Ebony was in preschool
and kindergarten, school audiologists had
reported that she was deaf in one ear, but
the school never provided appropriate
accommodations. Her teachers should have
been using a lavaliere microphone, checking to
ensure she heard instructions, providing written
instructions, and having her sit at the front of
the class. Also, even though Ebony had been
failing in school, she had been administratively
EBONY, from p. 1
promoted to the next grade and had never
been assessed for her learning difficulties.
Kelly saw to it that Ebony was evaluated
through the school and that she had an
independent evaluation. Those evaluations
uncovered her learning disabilities.
Armed with this new evidence, Kelly worked
with the school to develop an Individual
Education Program (IEP) for Ebony to ensure
she would receive the right kind of educational
support. She also got her moved to another
public school, where Ebony has blossomed.
“I remember getting her report card: three
F’s, a D, and all of a sudden she goes to a new
school: six A’s, one B,” Giddens said.
Ebony, now 12 and active in Girl Scouts,
recently celebrated making the A-B Honor Roll.
“If no one had really taught you for four or
five years, if people had just passed you along
and administratively promoted you from grade
to grade, and you really could only hear a part
of what everybody was saying, you’re going to
have gaps,” said Kelly, who worked in public
education for 20 years as a school psychologist,
administrator and special education teacher
before she went to law school. "What we’re
seeing now is, she’s catching up. She’s making
tremendous progress, because she’s got this
individualized instruction that’s helping her."
Meanwhile, Ebony has had no behavioral
problems at her new school and is not being
bullied anymore.
Giddens, who broke down in tears the
first time he met with Kelly, said he never
understood why he couldn’t get anywhere with
the school on his own.
“It’s crazy, because you would think that
when you’re a parent, and you’re involved with
your child, that’s what the school wants,” he
said, adding that he’s grateful to Kelly, and to
the Foundation for supporting Kelly’s work.
“I love Katie Kelly. I really do, because it
was like a weight lifted off my shoulders to
finally get some help.”
As gratifying as it is to see children like
Ebony succeeding, Kelly does more than help
one child at a time. She is advocating for
multiple children through complaints to the U.S.
Department of Justice and the U.S. Department
of Education Office for Civil Rights, and she
provides advocacy training to groups like the
Guardian ad Litem program and the Florida
Department of Children and Families.
“I’m the luckiest person on Earth,” Kelly
said. “I am eternally grateful for the support we
get from Community Legal Services of Mid-
Florida and The Florida Bar Foundation.”
"For poor people, justice looks
different. It's not the same
kind of justice that most
of us are used to. We just
believe it's better for everyone
to keep kids in school and out
of prison. It's so much more
cost-effective, and it provides
better outcomes for kids.”
– Katie Kelly, Supervising Attorney,
Children's Rights Unit
Katie Kelly, Community Legal Services of Mid-Florida
JUDY WATSON TRACY
L
awyers can support The
Florida Bar Foundation’s
Children’s Legal Services
grants through Florida Bar fee
statement voluntary contributions,
and anyone can contribute online.
YOU CAN HELP
TheFloridaBarFoundation.org/children