Since school attorney Daniel Shinoff is suing me for defamation, I am always interested in stories like this one:
Gentle Wind Project Permanently ‘Becalmed’ by Lawsuit Settlement
November 11, 2006
Marking a landmark victory for freedom of speech, former members of Gentle Wind Project (GWP), Jim Bergin and Judy Garvey, husband and wife from Blue Hill, ME, are pleased to announce that they have written the terms for a Settlement Agreement that was requested by John “Tubby” Miller and Mary “Moe” Miller (AKA Panuthos/Carreiro), co-founders of GWP... The agreement ends 2 ½ years of lawsuits against the couple.
In an about turn from the GWP leaders’ determined verbiage in 2004 that they would take their case “to the Supreme Court” to force removal of the couple’s Internet stories, the Settlement Agreement insures that Bergin and Garvey will continue to operate, without interference of any kind, their website Wind of Changes...
Though the couple now admits to the unwanted stress they endured, at times, during the long lawsuit process, they quickly decided after being sued by the group that they didn’t want to live the balance of their lives with the regret of giving in to censorship.
“We have no regrets about our 3-year defense to maintain our public interest website,” say Bergin and Garvey, “even though it has been a serious hardship financially, physically, and emotionally. We couldn't ever imagine that the Millers would put themselves, and their activities, up for public viewing in a courtroom; yet their collective belief system, and apparent outrage at us for writing our personal stories, kept them going forward, spending hundreds of thousands of their donor’s funds.”...
1 comment:
SO MUCH FOR FREE SPEECH IN THE NORTH COUNTY
Silvia Peters
(760) 941-5924
Gavin Payne Chief Deputy Superintendent of Public Instruction Office of the State Superintendent of Public Instruction
California Department of Education
1430 N Street
Sacramento, CA 95814
Re: Title I, ELD [5 CCR 11308 [c][1][3][4][6][7]) and Categorical Programs
Complaint according to the California Department of Education in
accordance with the California Code of Regulations, Title 5, sections 4600-
4687.
November 21, 2008
Issue in this complaint:
Vista Unified School District “VUSD” English Learners Advisory Committee (DELAC) meetings of the DELAC Board. VUSD is located at 1234 Arcadia Avenue
Vista, Ca 92084 (760) 726-2170 Fax: (760) 758-7838 www.vusd.k12.ca.us
On November 17, 2008 the Vista Unified School District English Language Learners Advisory Committee “DELAC” held its regular meeting at 6:00 PM. [Agenda will be faxed as Exhibit]
All of the representatives of the DELAC Advisory Committee were present and the meeting was held at the VUSD headquarters. There were on or about 35 parents non-DELAC members in attendance at the DELAC meeting.
The nature of the violations are set forth as:
· The DELAC Committee Members did not allow full public participation.
· The DELAC Committee Members asked the parents in attendance to leave the November 17, 2008 meeting.
· The DELAC Committee Members did not follow their own written agenda.
· The DELAC Committee Members does not know what the Robert’s Rules of Order is.
· The DELAC Committee Members does not know what Title I is.
· The DELAC Committee Members do not know their roles and responsibilities or how to conduct a public meeting in accordance with the Ralph Brown Act.
· DELAC Committee Members do not know what the Ralph Brown Act or what it stands for [Green Act or any Act].
· The DELAC Committee Members do not have any formal professional training [have never had any training] as required by their own bylaws and state regulations under 5CCR 11308 [d]. {Café style training at DELAC meetings is insufficient.}
· The DELAC Committee Members do not attend or participate at the regular monthly meeting of the Vista Unified School District Board of Directors.
· The DELAC Committee Members do not attend the VUSD Bond Oversight committee.
· The DELAC Committee Members do not attend the Vista Unified School District Budget Committee.
· Not a single one of the DELAC Committee Members have received appropriate training materials to assist them in caring out their duties and legal advisory responsibilities. (5CCR 11308[d]
· The DELAC Committee Members do not attend or know what a School Site Counsel is “SSC.”
· The DELAC Committee Members do not know what a “Uniform Complaint” is, the process or the procedures and timelines.
I was in attendance at the November 17, 2008 meeting of the DELAC Advisory Committee located at the VUSD district office meeting room. A District DELAC employee who I believe was named Sarah Gutierrez approached me. Sarah works with Matt Doyle and Maribel Silva and they are the VUSD DELAC Representatives. Sarah asked if I was attending the DELAC meeting and I said that I was. She then asked for my name, after I gave her my name she said, “I don’t remember calling you, how did you hear about the DELAC meeting……” At this point it was very apparent to me that Sarah did was not familiar with the California “Open Meeting Laws.” The arrival of over 35 parents with their children was equally as puzzling for VUSD employees.
After the members of the community were asked to sign in the meeting began with President of DELAC Gabriela Hooshmand introduction. The members of DELAC were handed the minutes of the previous meeting and they silently read the minutes. President Gabriela Hooshmand began public comments, which were agendized for 10 min. [it was not clear how many minutes individual speakers had to address the Advisory Board]. There were on or about 30-35 members of the public and they all wanted to have an opportunity to speak. However after the first speaker complained about the way parents were treated at their school by the school principal and the fact that they had procedurally addressed the issue at the local school. The parent speaker spoke of many written letters they brought with them. The parent (s) wanted to present to the Vista Unified School District…
President Gabriela Hooshmand abruptly interrupted and stated that that was not her experience and that she herself had gone through the same screening procedures and they were uniformed through out the district. She allowed two more speakers, which brought similar complaints. I overheard one of the DELAC Advisory members telling the parents not to complain. Neither President Gabriela Hooshmand nor any Member of the DELAC Advisory Board was familiar with the “Uniform Complaint” procedures. Instead of properly instructing the parents on how to submit the letters in a “Uniform Complaint” format along with the timelines and explanation of investigation process. President Gabriela Hooshmand stopped public comments and did not allow most of the parents in attendance an opportunity to speak. [Maribel Silva later told the parents that if they were citizens they could do a uniform complaint.] Maribel Silva VUSD DELAC District representative and employee asked the parents to leave the meeting. Astonished the parents looked at each other for a few seconds, then Maribel Silvia asked them two additional times to leave. The parents left the meeting but gathered together outside of the meeting room.
Maribel Silva conducted the rest of the advisory meeting [the entire meeting] with what appeared to be a workshop of some sort. It was very difficult to ascertain what she was speaking about since much was off topic like reading poems and so forth. Ms. Silva had a hand out questionnaire with questions like “we come to a meeting,” then the parents would answer “on time.” The entire presentation was directed toward Kindergarten children but certainly not adults. Ms. Silva conducted the entire meeting. {reading poems}
Some of the Members of the DELAC committee have been there for 6-7 years and most for several years yet they don’t know the basic fundamentals, structure, responsibilities, procedures or commitments of their duties as representatives of their school site at the VUSD DELAC advisory Committee.
Some guest parents went back to the DELAC meeting that evening and asked for an investigation to which, President Gabriela Hooshmand appointed a “committee” which was not agendized and without the vote from the DELAC members.
These actions may appear insignificant however the VUSD School Site Counsel “SSC” for Casita elementary filed a complaint with the California Department of Education. Basically the basis for the complaint was that the VUSD has spent too much money for the Lindamood-Bell program. The SSC refused to understand that the money for categorical programs was used for the Lindamood-Bell program; that Title I money is restricted money that cannot be used for teacher salaries and other general fund spenditures. This became an issues a couple of months ago when the VUSD was doing the district budget. The members of the budget sought to use Title I funding for general purposes even though this practice was red flagged by the San Diego County Office of Education “ SDCOE” in a letter from Superintendent of schools Rudy Castruita of the San Diego County Office of Education August 24, 2004 [Page 4 of 6 under unfounded Liability for Retiree Benefits.]
While there was evidence by the report from the state of California that categorical funding was not utilized for the categorical programs. The VUSD administration and teaching staff enjoyed generous retirement incentives and pay rises. Page 4 Unfunded Liability for Retiree Benefits: (separate from the state retirement) “The District has a generous retirement incentive plan that provides monthly cash payments until a retiree reaches the age of 70. It also provides health insurance through age 68. Cash -out and annuity options are also available. In addition, certified and management retirees can choose to come back and consult with the district for three years at $ 7,212 per year…Based on current obligations, there is an unfounded liability of approximately $11 million starting in 2004-2005. This liability has a potential to increase significantly because there are currently about 200 employees eligible to take these retirement incentives.”
In the Meantime the VUSD administration, teachers, committees and subcommittees blame the Mexicans and the Special Ed for their budget problems publicly and in their committees.
In addition the VUSD created an unorganized budget oversight committee. The newly created budget oversight committee recommended cutting over 1.5 million dollars from special education programs and services and keeping water polo and other athletic services. Which VUSD Board Happily approved the 1.5 Million cuts to special education; former member of VUSD Board of Trustees inquired about additional cuts to special education at the November 2008 Board of Directors meeting.
On a regular VUSD meeting two months ago VUSD had a presentation on student performance. Board Member Lilly asked why the special education students were scoring so low?
If the VUSD had posted the SARC report online as required by law Board Member Lilly could have read the results of the special education tests and performance. Based on VUSD SARC most special educations in VUSD are 97% bellow proficient level [many/most VUSD schools are 3% through 9% proficient for special education students.
Now that the San Francisco Public Advocates Inc. sent VUSD a demand letter, informing VUSD of its obligations to post the facts online or else, VUSD has posted the SARC report. http://www.publicadvocates.org/docs/Demand%20letter%20Vista%20USD%2008-17-06.pdf
http://www.vusd.k12.ca.us/Schools/Pages/SchoolAccountabilityReportCards2005-2006.aspx
Vista Unified School District No Child Left Behind Act of 2001 LOCAL EDUCATIONAL AGENCY PLAN (Rev 10-08) California Department of Education School and District Accountability Division Planned Improvement Programs for LEP students and immigrants Title III Per Sec. 3116(b) of NCLB.
Section [D] asks VUSD to describe how the LEA will promote parental and community participation in LEP programs for parents and community members.
VUSD states that they are going to:
· Design a community-learning center that will become the hub for the dissemination of information, communication, education resources for parents and community members.
· [8.] To assist parents in helping their children to improve their academic achievement and
becoming active participants in the education of their children.
· Provide community participation programs, family literacy services, and parent outreach and training activities to LEP children and their families –
· To improve English language skills of LEP children; and to assist parents in helping their children to improve becoming active participants in the education of their children.
· The goal of the learning center is to create a central location for parents of ELs to obtain guidance, services and/or information necessary to become actively involved in the education and academic achievement of their children.
· The learning center will provide the following services:
· Communication: Education policy, guidance and outreach,
· Information: educational resources, student progress, community resources, and
· Education: extended learning opportunities, parent education, CBET classes, parent leadership opportunities (ELAC, PTA, DELAC)
[Question]IF the LEA is receiving or planning to receive Title III
Immigrant funding, complete this table (per Sec. 3115(e))
· [Answer] Family literacy, parent outreach, and training activities designed to assist parents to become active participants in the education of their children.
· Provide extensive parent/community support through the district-learning center
· All school sites will continue to promote a variety of parent/community
· All school sites will continue to promote a variety of parent/community involvement committees and activities throughout the school year.
· Parent involvement may include participation in the following committees and/or activities: SSC, PTA, ELAC, DELAC, DPAC, Parent Institute, Family Literacy and Mathematics Workshops, Parent/Teacher conferences, Parent information workshops, Parent English Language Development evening classes, Vista Adult Education programs and other school site events.
[Question] Activities coordinated and school based organizations, institutions of higher education, private sector entities, or other entities experienced in working with immigrants, to assist parent of immigrant children and youth offering comprehensive community services.
· [Answer] Develop the VUSD Learning Center to provide a hub for parent communication, information, and education.
· Incorporate multiple community partnerships to provide seamless access to a variety of services for students and parents.
· Work collaboratively with the San Diego County Office of Education to build parent support programs within all schools in Vista.
VUSD schools serve a diverse population of about 23,000 students from kindergarten through twelfth grade. The student population reflects a rich cultural mix representing 18 different ethnic groups. Of this diverse group of students, approximately 56% are Hispanic, 33% White (not Hispanic), 5% African American, 2% Asian, 2% Filipino, 1% American Indian or Alaskan Native, and 1% Pacific Islander. In addition, our student population consists of 2% migrant, 31% English Language Learners, and 55% socio-economically disadvantaged.
Approximately 2% of our student population is homeless. About 38 languages are spoken by students within the district. The four primary languages spoken are English, Spanish,
Vietnamese, and Tagalog. The district has experienced a decline in enrollment over the past decade. The cultural diversity of new students, however, continues to expand.
Categorical Program Monitoring (CPM)
State and federal law require CDE to monitor the implementation of categorical programs
operated by local educational agencies. This state-level oversight is accomplished in part by conducting on-site reviews of eighteen such programs implemented by local schools and districts. Categorical Program Monitoring is conducted for each district once every four years by state staff and local administrators trained to review one or more of these programs.
The purpose of the review is to verify compliance with requirements of each categorical
program, and to ensure that program funds are spent to increase student achievement and
performance.
With 56% Hispanic parents and student population VUSD Student Site Counsel as well as SSC, PTA, ELAC, DELAC, DPAC, have refused to allow a racially diverse population to become members of these committees. Recently a Hispanic parent was chosen to be a member of SSC in Lake Elementary. However the teachers and administrators removed the parents stating that they had to redo the elections. The ELAC committee at General Murray had similar problems. When a Hispanic parent was elected to be president Maribel Silva VUSD district representative threatened the school principal (telling her that there was going to be consequences for her actions in supporting parent elections) and parents demanding that this Hispanic parent be removed as president. In addition that the election be redone so that they can place a teacher as president of ELAC instead of the Hispanic parent. The entire process has been flawed for decades, the VUSD administration hand selects a few parents who act as rubber stampers like Gabriela Hossmand and forces the other parents to go along with the process.
The DELAC meetings are held in such a disarray and in violation of any open meeting laws with deficient agendas and information that is completely flawed. After serving at DELAC committees for many years most of these parents don’t know any form of procedures, bylaws, responsibilities or processes. DELAC President Gabriela Hossmand is assigned to attend the Bond Oversight Committee, the Budget Committee and VUSD Board of Directors meetings. However President Gabriela Hossmand shows up only to sign in and leaves after the introduction of the meetings and many times doesn’t even show up. At the VUSD Board of Directors meetings she reads a prepared paragraph handed to her and then she leaves.
DELAC President Gabriela Hossmand does not bring back any information to the ELAC or DELAC Advisory Committees because she never stays at the meetings or takes notes.
As a result the entire process is flawed and deprives Hispanic parents of their parental rights.
Sincerely,
Silvia Peters
I AM REQUESTING THAT A COPY OF THIS LETTER BE GIVEN TO EVERY MEMBER OF VUSD DELAC ADVISORY COMMITTEE
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