Citizen on a mission sues district for violating state public records act
By Dorian Hargrove
San Diego Reader
May 27, 2016
San Diego Unified School District is discriminating against a student advocate in her quest to obtain public records, says a newly filed lawsuit filed on behalf of San Diego resident Sally Smith.
Over the past six years, Smith has been dogged in her quest to end illegal school fees and raise awareness of poor investigations into sexual assaults and other abuses within the country's eighth-largest school district.
To help in her quest, Smith regularly submits public records requests to the district.
Oftentimes, those requests are met with resistance from school officials.
In November 2014, Smith sued the San Diego Unified School District after she was denied access to log on to district computers to view public documents that are only offered on those certain computers.
While that case continues to make its way through court, Smith has filed a new lawsuit.
On May 24, attorney Paul Boylan, who specializes in public records law, filed a lawsuit on Smith's behalf after the district refused to hand over legal bills that the district paid to outside counsel who were advising school-board members on the controversy surrounding former trustee Marne Foster.
...In response, the district hired legal firm DLA Piper to look into the alleged abuses of power. But a short time later, trustees voted to suspend the legal contract after the San Diego County district attorney announced that a criminal investigation had been launched. On March 8, trustees approved paying DLA Piper $34,000 for work leading up to the D.A.’s investigation.
Smith wanted to see the invoices for legal work, documents that are typically available under California's public records law. Nine days after filing her request, the district responded by stating there were "no non-privileged documents responsive to your request."
Days later, Smith responded, "This is not a legal document. It is a standard request for payment detailing what taxpayers paid for. I made the request...just a few days after the San Diego Unified School Board approved paying the bill."
Again, the district refused: "...[T]here are no non-privileged documents responsive to your request. More specifically Government Code 6276.04 protects attorney client communications, in addition to Section 6068 of the Business and Professions Code and Sections 952 and 954 of the Evidence Code."
Smith once again contacted attorney Boylan to file a lawsuit...
Showing posts with label . Smith (Sally Smith). Show all posts
Showing posts with label . Smith (Sally Smith). Show all posts
Saturday, May 28, 2016
Thursday, April 24, 2014
Ex-lawyer Sally Smith is on a mission to keep schools fair
Sally Smith speaks at a San Diego Board of Education meeting in January. She focuses her attention on illegal school fees that districts pass on to students.
Ex-lawyer is on a mission to keep schools fair
Sally Smith knows California law and is challenging districts across the state that charge students for basic supplies and activities. One official calls her 'an irritant.'
By Stephen Ceasar
Los Angeles Times
Photography by Glenn Koenig
Reporting from San Diego
April 23, 2014
As Sally Smith strode to the lectern, a few people in the audience rolled their eyes. Behind their nameplates, members of the San Diego school board fiddled with a cellphone, stared at laptops and rustled papers.
They knew what she would say — she's said it dozens of times and repeats it at nearly every meeting.
"In this district," she said firmly, her eyes fixed squarely on the board members facing her, "…we have educators who exploit students to generate revenue."
The ceramics teacher who charges $20 if students want to keep their clay art projects? That's illegal, Smith contends.
"Taxpayers paid for this toothpick and noodles," she said, pointing to a brooch on her blouse that her daughter made in elementary school. "Just as we paid for that clay."
"It has to stop," she said, her words punctuated by a buzzer indicating that her speaking time was over.
With the persistence of a gadfly, the zeal of a civil rights activist and the know-how of a lawyer, Smith has made it her mission to challenge the San Diego public school system and many others across California that require students to foot the bill for basic school activities.
She bounces around the state meeting with administrators. She blasts off emails to reporters — often a hodgepodge of legal complaints, case law and bemusement at those who try to ignore her. In about a year, she's filed 200 formal complaints around the state, a huge number of appeals and countless California Public Record Act requests.
Sally Smith, left, speaks to parent Maegan Savage before the start of a San Diego school board meeting. Smith asked Savage what her troubles were, explained what services her children were eligible for and told her not to hesitate to call if she needed help.
The San Diego Unified School District gets the brunt of her focus.
"There are times where I think you can say she can be considered an irritant," school board member Scott Barnett said. "Certainly, some of the legal staff — given the amount, the breadth and depth of her requests — I think are irritated at times, to say the least."
Smith's home, where her family frequently finds her typing complaints late into the night in the living room, is only a quick trip to the district offices, where most everyone knows her — or at least knows of her.
Some parents, however, are fierce critics, accusing her of ruining school activities for their children, she said. She said her car has been vandalized at district headquarters, and she quips that a brick through her window wouldn't surprise her.
"I'm not well liked," she said, her waist-length brown hair tucked behind her ears. Then again, she said, "I'm not in this battle to make friends. I'm in it to help those kids who can't pay."
A large number of school districts were quite brazenly ignoring the law.”
— Attorney David Sapp
In 1879, California's Constitution granted "free school" for its citizens. The state Supreme Court would later find that fees charged for educational and extracurricular activities violated the state's guarantee of a free education.
"Access to public education is a right enjoyed by all — not a commodity for sale," the state Supreme Court said in a decision in 1984.
Smith's activism grew from her own frustration over what she saw as a trampling of that right.
One afternoon in 1997, her daughter, who was in seventh grade, arrived home from school excited about a class trip to a popular science camp near Big Bear.
Everyone in her grade was going, she said. But Smith found out that wasn't the case. Only those who could afford the $300 price tag could attend, and that left out six classmates.
Smith took a hard line: If other kids couldn't go, her daughter wouldn't either. Instead, she bought the class materials to hold their own science camp. They made papier-mache volcanoes that spewed baking-soda and vinegar lava.
"The kids that went on the trip were jealous of us," said Jessica Baris, Smith's daughter, now 27.
Smith, 55, knew then that this was an issue she couldn't let go of. Today, she can recite dozens of examples in which she believes districts are charging illegal fees: A high school in Orange County requires students to pay $30 for a spot in the school parking lot; marching band members in San Diego have to participate in fundraisers; and seniors up and down California are forced to shell out for graduation caps and gowns.
"I can't understand why adults have no empathy for children who are left out," Smith said.
Her name and her efforts have spread by word of mouth. Parents from around the state, often afraid of retribution if they take on their own schools, seek her out, asking her to fight against fees foisted on their children. "Thanks in advance, Sally," said a letter from an out-of-town parent.
Sally Smith checks paperwork during a school board meeting. "I'm not well liked," she says. But "I'm not in this battle to make friends. I'm in it to help those kids who can't pay." More photos
"I've seen the faces of parents when they see the fees," Smith said. "They're devastated."
As Smith scanned the meeting agenda before speaking to the board on a recent evening, a woman she hadn't seen before approached her: "Are you Sally Smith?" the woman asked, like a fan approaching a star.
Maegan Savage, a mother of three, came to tell the board about her kindergartner, who had started to fall behind in class, and her other child who wasn't receiving the tutoring he desperately needed. She needed help, and someone had suggested she talk to Smith.
As Savage's children played in the grass nearby, Smith asked her what her troubles were, explained what services her kids were eligible for and told her not to hesitate to call if she needed help.
Before saying goodbye, Smith had one more question: "Were you ever required to buy pencils? Paper? Crayons? Anything like that?"
For years, Smith practiced family law, trudging unhappily through messy divorces. In her free time, however, she relished her pro bono work providing legal aid to the women who were victims of domestic violence. She eventually grew tired of the long hours and left law to raise her children full time.
Meanwhile, California schools faced years of devastating budget cuts. To cover shortfalls, officials often moved to cut personnel and programs. And some appeared to attempt to maintain programs and activities by passing the costs on to students.
The American Civil Liberties Union found that some California campuses charged students for such basic things as workbooks or lab fees for science classes. Others charged hundreds, even thousands, of dollars to participate in extracurricular activities.
"A large number of school districts were quite brazenly ignoring the law," said David Sapp, an ACLU attorney. "Sally has been a tremendous advocate for families."
The ACLU sued the state in 2010, dropping the case two years later after a law was passed requiring the California Department of Education to ensure that schools don't charge illegal fees. It also provided a path for families: a new complaint process.
When they rule against me, they're ruling against the kids.”
— Sally Smith
This allowed a way for Smith to combine her legal skills and her advocacy. "I know how to rattle cages," she said.
San Diego school board member Barnett said that after awhile, it's "'Here comes Sally again.' But in most cases, she's right, and we need to make sure we're protecting the public and doing the right thing."
(San Diego schools Supt. Cindy Marten and four other board members did not respond to repeated requests for comment about Smith.)
At the same meeting recently, the school board agreed to prohibit all illegal fees. Board President Kevin Beiser seized upon the vote to make a statement to district families.
"Anywhere that children are being told that they must pay a fee," he said, "we will remedy that."
Smith was unimpressed. "Well, he's up for reelection," she said.
Most challenges are acrimonious, but others go smoothly.
Earlier this year, Smith filed a complaint with Principal John Dixon at Vista del Lago High School in Folsom after the school asked students to pay for art supplies and caps and gowns. Dixon said the fees weren't mandatory, and Smith was prepared for the typical back and forth. Instead, Dixon examined the issue and replied apologetically.
"I would like to thank you for bringing Vista's noncompliance to my attention," Dixon wrote. "In recent years, we have had a lot of discussion on this issue, and I was under the assumption that mandatory fees were no longer a part of our programs."
Victories, however, are rare for Smith. All but a dozen of her complaints have been denied. But she contends that it's not because her opponents are in the right but because they know the right legal loopholes.
"When they rule against me," Smith said, "they're ruling against the kids."
http://www.latimes.com/local/la-me-c1-schools-activist-20140423-dto,0,364568.htmlstory#ixzz2zotsEPtf
Saturday, October 12, 2013
Sometimes the biggest bully at school is the teacher. Or the coach.
Bullying by adults is pervasive in schools. The preferred target is children, but adults are a close second. Teachers bully their fellow teachers--and they also badger weak administrators. Administrators abuse teachers, and engage in office politics in whcih bully other administrators. School board members pretend to look the other way, but in reality most of them rely on bullies to keep schools running while board members worry about the next election.
What is needed is some mental health care for adults in schools--and an end to the coverups of wrongdoing by politically powerful teachers, administrators and board members.
See all posts on bullying by adults and bullying tolerated by schools.
‘Most Parents Just Give Up’
By: Christie Ritter
Voice of San Diego
August 27, 2013
Sometimes the biggest bully at school is the teacher. Or the coach.
That’s the charge made a group of parents who took their complaints of abuse to the San Diego County Grand Jury.
On Thursday, parents met with San Diego Unified School District Superintendent Cindy Marten and law enforcement officials to discuss ways they could work together to close gaps in the system that allow abuse to go unpunished.
“When it’s just you, complaining all by yourself, people just call you a nut,” said Sally Smith, a longtime parent activist. When she complained about battery by her daughter’s teacher at Serra High School in 2010, she said she was sent in circles, from the school to the city police. No one wanted to investigate.
“It’s very frustrating, most parents just give up,” Smith said.
Soon after taking over as schools chief in July, Marten invited parents to join a focus group to address child abuse within the school district.
Marten told parents and law enforcement officials Thursday that they all need to work together to improve current investigation and reporting procedures when allegations are made against school employees or volunteers.
Representatives from the city attorney’s office, district attorney’s office, San Diego Police Department, Child Protective Services and school police acknowledged that holes in the system can allow abusers to go unpunished.
Parents say children are being abused by teachers and other adults and current policies are inadequate. Charges range from negligence to full-fledged verbal and physical abuse, including sexual abuse.
And parents say the problem isn’t just the abusers, it’s school administrators who fail to report or properly investigate complaints.
That was one of the criticisms leveled in the grand jury report, released in May.
In 2007, John Kyujoon Lee, a teacher at the School for Creative and Performing Arts, was convicted of statutory rape of a student. The student’s lawyer, John Gomez, said his client brought a civil lawsuit to force districts to pay attention to abuse of students by teachers.
“During this case, we were shocked to learn that the district does virtually nothing to prevent teacher-student sexual abuse,” Gomez said. In 2009, San Diego Unified was found liable for $650,000 of the $1.25 million in damages awarded to the student because adults had reasonable suspicions about Lee, but none reported them despite a mandate to do so.
Judy Neufeld-Fernandez said her son was verbally abused by his teacher at Hardy Elementary. Susan Hopps-Tatum’s daughter experienced similar emotional abuse from the same teacher.
Neufeld-Fernandez, who worked as a substitute at Hardy, said she complained to the principal about the teacher’s behavior, and eventually to the district. During the process, Hopps-Tatum and Neufeld-Fernandez learned they were among nine families who had filed complaints against the same teacher. The case led to the grand jury investigation. The teacher is still on the staff at Hardy.
“I don’t know the history of that particular case,” Marten said Thursday. “The past administration has solved that case. I’m not going to second-guess administrative decisions that were made by people that were doing their jobs at the time.”
It can be an arduous task to fire a teacher, even with evidence of abuse, due to tenure and teachers union policies.
The parents want the school district to take abuse allegations seriously and to implement a set of guidelines that will allow outside investigations. “No one is taking jurisdiction,” Neufeld-Fernandez said. “San Diego Unified has no training on sexual predation.”
The grand jury report includes similar recommendations:
San Diego Unified School District should develop a policy to address adult-to-student bullying, harassment or intimidation, whether physical or emotional, by employees or volunteers.
The district should revise its appeal and review process to forbid Area Superintendents or other administrators from reviewing their own original findings and recommendations.
The district should provide timely and continuing feedback to those who file complaints.
Marten responded to the recommendations in a letter, disputing many of the report’s findings, including one that said district administrators reviewed their own decisions.
She said the district already has a policy to address adult-to-child bullying, and that there are already procedures in place to respond to parents who file a complaint, but the district is legally restrained from revealing confidential employee information.
But Marten is acting on other recommendations.
She said her goal with the focus group is to “engage stakeholders and create a broad public agency coalition to create consensus for best practices for investigation of complaints alleging adult-to-child bullying and other forms of child abuse.”...
What is needed is some mental health care for adults in schools--and an end to the coverups of wrongdoing by politically powerful teachers, administrators and board members.
See all posts on bullying by adults and bullying tolerated by schools.
‘Most Parents Just Give Up’
By: Christie Ritter
Voice of San Diego
August 27, 2013
Sometimes the biggest bully at school is the teacher. Or the coach.
That’s the charge made a group of parents who took their complaints of abuse to the San Diego County Grand Jury.
On Thursday, parents met with San Diego Unified School District Superintendent Cindy Marten and law enforcement officials to discuss ways they could work together to close gaps in the system that allow abuse to go unpunished.
“When it’s just you, complaining all by yourself, people just call you a nut,” said Sally Smith, a longtime parent activist. When she complained about battery by her daughter’s teacher at Serra High School in 2010, she said she was sent in circles, from the school to the city police. No one wanted to investigate.
“It’s very frustrating, most parents just give up,” Smith said.
Soon after taking over as schools chief in July, Marten invited parents to join a focus group to address child abuse within the school district.
Marten told parents and law enforcement officials Thursday that they all need to work together to improve current investigation and reporting procedures when allegations are made against school employees or volunteers.
Representatives from the city attorney’s office, district attorney’s office, San Diego Police Department, Child Protective Services and school police acknowledged that holes in the system can allow abusers to go unpunished.
Parents say children are being abused by teachers and other adults and current policies are inadequate. Charges range from negligence to full-fledged verbal and physical abuse, including sexual abuse.
And parents say the problem isn’t just the abusers, it’s school administrators who fail to report or properly investigate complaints.
That was one of the criticisms leveled in the grand jury report, released in May.
In 2007, John Kyujoon Lee, a teacher at the School for Creative and Performing Arts, was convicted of statutory rape of a student. The student’s lawyer, John Gomez, said his client brought a civil lawsuit to force districts to pay attention to abuse of students by teachers.
“During this case, we were shocked to learn that the district does virtually nothing to prevent teacher-student sexual abuse,” Gomez said. In 2009, San Diego Unified was found liable for $650,000 of the $1.25 million in damages awarded to the student because adults had reasonable suspicions about Lee, but none reported them despite a mandate to do so.
Judy Neufeld-Fernandez said her son was verbally abused by his teacher at Hardy Elementary. Susan Hopps-Tatum’s daughter experienced similar emotional abuse from the same teacher.
Neufeld-Fernandez, who worked as a substitute at Hardy, said she complained to the principal about the teacher’s behavior, and eventually to the district. During the process, Hopps-Tatum and Neufeld-Fernandez learned they were among nine families who had filed complaints against the same teacher. The case led to the grand jury investigation. The teacher is still on the staff at Hardy.
“I don’t know the history of that particular case,” Marten said Thursday. “The past administration has solved that case. I’m not going to second-guess administrative decisions that were made by people that were doing their jobs at the time.”
It can be an arduous task to fire a teacher, even with evidence of abuse, due to tenure and teachers union policies.
The parents want the school district to take abuse allegations seriously and to implement a set of guidelines that will allow outside investigations. “No one is taking jurisdiction,” Neufeld-Fernandez said. “San Diego Unified has no training on sexual predation.”
The grand jury report includes similar recommendations:
San Diego Unified School District should develop a policy to address adult-to-student bullying, harassment or intimidation, whether physical or emotional, by employees or volunteers.
The district should revise its appeal and review process to forbid Area Superintendents or other administrators from reviewing their own original findings and recommendations.
The district should provide timely and continuing feedback to those who file complaints.
Marten responded to the recommendations in a letter, disputing many of the report’s findings, including one that said district administrators reviewed their own decisions.
She said the district already has a policy to address adult-to-child bullying, and that there are already procedures in place to respond to parents who file a complaint, but the district is legally restrained from revealing confidential employee information.
But Marten is acting on other recommendations.
She said her goal with the focus group is to “engage stakeholders and create a broad public agency coalition to create consensus for best practices for investigation of complaints alleging adult-to-child bullying and other forms of child abuse.”...
Sunday, August 21, 2011
Strange redacting of public records at SDUSD: Sally Smith and Emily Alpert given very different versions of records
Maura Larkins comment: It's no wonder SDUSD wants to charge for producing public records. It takes a lot of time to do all that redacting!
S.D. Unified to review public records policy following complaint
Parent was originally told she would be charged for staff time to make copies
Ashly McGlone
San Diego Union-Tribune
Aug. 19, 2011
A parent-activist who was going to be charged for staff time so she could see San Diego Unified Superintendent Bill Kowba’s calendar won’t incur that cost, after her story was highlighted in The Watchdog.
The district ended up charging Sally Smith $2.70 — 10 cents a page — for the cost of duplicating the public record.
Smith had been told she would be charged 10 cents per page “plus clerical time for the actual duplication, at a rate of $20 to $28 per hour.”
Typically, public agencies charge for the cost of making a copy, not for staff time to do so.
After The Watchdog highlighted the effort to charge Smith for staff time, the district backed away.
The district’s policy of charging for staff time in such cases previously caught the attention of the Sacramento-based open-government group Californians Aware. That fee contributed to the district earning an F in the group’s audit of public agency compliance with public records law, released earlier this year.
District officials said they will now review their copying rates.
“We are entitled to recover the costs to produce a record that is maintained in electronic form,” said Andra Donovan, the district’s deputy general counsel. She added, “In light of the concerns raised by the U-T, we will review our copying charges to make sure they are an accurate reflection of the direct costs of duplication.”
Additionally, The Watchdog compared the calendar provided to Smith with a calendar provided to Emily Alpert of
voiceofsandiego.org and found that Smith’s calendar was incomplete and the redacting was inconsistent.
Alpert’s version included auditor visits, as well as cabinet, area superintendent and principal meetings, charity meetings, chamber of commerce and city events, select employee travel, sexual harassment training for a staff member, and media interviews — all of which were left off Smith’s calendar.
Meanwhile, Smith’s calendar included a carpool meet-up with the dean of San Diego State University’s College of Education and other employee travel redacted from the calendar provided to Alpert.
By law, agencies may withhold documents related to pending litigation and personnel, medical or similar files if disclosure would constitute an unwarranted invasion of personal privacy.
Told of the discrepancy, Donovan said the district will reproduce a more complete calendar and give it to Smith free of charge.
“We will also review our redaction policies to make sure we are consistently and appropriately redacting information,” Donovan said.
Smith, who wished to compare Kowba’s appointments with those of former Superintendent Terry Grier, said she was concerned about the district’s handling of her request.
“Californians Aware graded school districts across the state and San Diego Unified got an F, and I can see why. It is intimidating to go in and ask for public records and have to encounter so much trouble getting them,” Smith said. “San Diego Unified has to be more transparent and has to be open to requests and let the public see what it is doing.”
In 2009, The San Diego Union-Tribune requested copies of the calendars for 55 local government leaders, including Grier. The requests were all fulfilled with no fees.
District officials said budget cuts no longer allow for such freebies.
S.D. Unified to review public records policy following complaint
Parent was originally told she would be charged for staff time to make copies
Ashly McGlone
San Diego Union-Tribune
Aug. 19, 2011
A parent-activist who was going to be charged for staff time so she could see San Diego Unified Superintendent Bill Kowba’s calendar won’t incur that cost, after her story was highlighted in The Watchdog.
The district ended up charging Sally Smith $2.70 — 10 cents a page — for the cost of duplicating the public record.
Smith had been told she would be charged 10 cents per page “plus clerical time for the actual duplication, at a rate of $20 to $28 per hour.”
Typically, public agencies charge for the cost of making a copy, not for staff time to do so.
After The Watchdog highlighted the effort to charge Smith for staff time, the district backed away.
The district’s policy of charging for staff time in such cases previously caught the attention of the Sacramento-based open-government group Californians Aware. That fee contributed to the district earning an F in the group’s audit of public agency compliance with public records law, released earlier this year.
District officials said they will now review their copying rates.
“We are entitled to recover the costs to produce a record that is maintained in electronic form,” said Andra Donovan, the district’s deputy general counsel. She added, “In light of the concerns raised by the U-T, we will review our copying charges to make sure they are an accurate reflection of the direct costs of duplication.”
Additionally, The Watchdog compared the calendar provided to Smith with a calendar provided to Emily Alpert of
voiceofsandiego.org and found that Smith’s calendar was incomplete and the redacting was inconsistent.
Alpert’s version included auditor visits, as well as cabinet, area superintendent and principal meetings, charity meetings, chamber of commerce and city events, select employee travel, sexual harassment training for a staff member, and media interviews — all of which were left off Smith’s calendar.
Meanwhile, Smith’s calendar included a carpool meet-up with the dean of San Diego State University’s College of Education and other employee travel redacted from the calendar provided to Alpert.
By law, agencies may withhold documents related to pending litigation and personnel, medical or similar files if disclosure would constitute an unwarranted invasion of personal privacy.
Told of the discrepancy, Donovan said the district will reproduce a more complete calendar and give it to Smith free of charge.
“We will also review our redaction policies to make sure we are consistently and appropriately redacting information,” Donovan said.
Smith, who wished to compare Kowba’s appointments with those of former Superintendent Terry Grier, said she was concerned about the district’s handling of her request.
“Californians Aware graded school districts across the state and San Diego Unified got an F, and I can see why. It is intimidating to go in and ask for public records and have to encounter so much trouble getting them,” Smith said. “San Diego Unified has to be more transparent and has to be open to requests and let the public see what it is doing.”
In 2009, The San Diego Union-Tribune requested copies of the calendars for 55 local government leaders, including Grier. The requests were all fulfilled with no fees.
District officials said budget cuts no longer allow for such freebies.
Tuesday, March 01, 2011
The interesting relationship between the ACLU and San Diego Unified School District
It's strange that the ACLU left SDUSD out of its lawsuit regarding school fees. I have often wondered if ACLU attorney David Blair-Loy has compromised the ACLU's basic principles in his eagerness to get along with school attorneys. I think Blair-Loy has worked harder to get his "civility" award from the San Diego Bar Association than to defend the Constitution of the United States.
See all posts re David Blair-Loy.
San Diego Unified Not a Defendant in School Fee Suit
September 10, 2010
by Emily Alpert
Voice of San Diego
While schools in San Diego Unified School District have repeatedly gotten in trouble for charging fees for school activities and supplies, the American Civil Liberties Union ultimately decided not to name the district in its lawsuit against the state of California.
The suit, which accuses the state of failing to protect the right to a free public education, mentions school districts across the state that charge for classes. David Blair-Loy, legal director for the local chapter of the American Civil Liberties Union, said unlike others, San Diego Unified has taken significant steps to solve the problem, such as posting information about the law on the school district website.
None of the districts cited in the lawsuit are actually defendants; the ACLU is suing California itself. Blair-Loy said that while schools should not charge illegal fees, the bigger problem is that California has failed to adequately fund schools.
"We know they're getting starved by the state. We sympathize with their dilemma," Blair-Loy said. "The problem would be unlikely to arise if districts were adequately funded to begin with."
Sally Smith, a mother who repeatedly raised the issue of school fees, charging that the practice was illegal, says despite its efforts, San Diego Unified has still failed to explain the law to all parents. Many families lack computer access and need explanations in languages other than English.
School district attorney Mark Bresee said while San Diego Unified is not planning to mail out information about school fees and the law to all parents, the district has provided sample language for schools to use in their own parent newsletters and other communications with families.
"We don't view not being named in the (ACLU) complaint as some sort of vindication," Bresee said. "We had issues in San Diego. We still have issues in San Diego. And we've been working harder than any school district I know of to remedy them."
Here's the letter the ACLU wrote to Bresee explaining why the school district was not named in the lawsuit.
See all posts re David Blair-Loy.
San Diego Unified Not a Defendant in School Fee Suit
September 10, 2010
by Emily Alpert
Voice of San Diego
While schools in San Diego Unified School District have repeatedly gotten in trouble for charging fees for school activities and supplies, the American Civil Liberties Union ultimately decided not to name the district in its lawsuit against the state of California.
The suit, which accuses the state of failing to protect the right to a free public education, mentions school districts across the state that charge for classes. David Blair-Loy, legal director for the local chapter of the American Civil Liberties Union, said unlike others, San Diego Unified has taken significant steps to solve the problem, such as posting information about the law on the school district website.
None of the districts cited in the lawsuit are actually defendants; the ACLU is suing California itself. Blair-Loy said that while schools should not charge illegal fees, the bigger problem is that California has failed to adequately fund schools.
"We know they're getting starved by the state. We sympathize with their dilemma," Blair-Loy said. "The problem would be unlikely to arise if districts were adequately funded to begin with."
Sally Smith, a mother who repeatedly raised the issue of school fees, charging that the practice was illegal, says despite its efforts, San Diego Unified has still failed to explain the law to all parents. Many families lack computer access and need explanations in languages other than English.
School district attorney Mark Bresee said while San Diego Unified is not planning to mail out information about school fees and the law to all parents, the district has provided sample language for schools to use in their own parent newsletters and other communications with families.
"We don't view not being named in the (ACLU) complaint as some sort of vindication," Bresee said. "We had issues in San Diego. We still have issues in San Diego. And we've been working harder than any school district I know of to remedy them."
Here's the letter the ACLU wrote to Bresee explaining why the school district was not named in the lawsuit.
Sunday, November 14, 2010
Sally Smith argues for free public education for all students
"When a student can take a math class without having to tell his teacher that "I can't afford a calculator" because every student is given a calculator, when no student has to draw out graph paper with a wooden ruler because his family doesn't have money to buy a pad of graph paper, when a student does not have to take his clay art piece and lump it back into a ball of clay and give it back while his wealthier peers pay the $25 and get to fire and paint their clay creation then we can talk about "salaries for teachers in San Diego are 32nd out of 37 school districts in the county."
Nov. 13, 2010
Voice of San Diego
Comments on "What is teacher tenure, anyway?"
Posted by Sally Smith:
...Annually, I hear complaints that teachers must buy supplies for their classrooms. That would not be the case if SDUSD budgeted needed teaching supplies first. Is it asking too much for an educational entity to budget for pencils and paper and calculators? It is the law - Hartzell v. Connell...
The burden of providing a steady stream of revenue for school supplies and activities has been shouldered by families - currently, suffering immensely in this poor economy - and no one bothered to inform them that their children were entitled to a free public education. Illegal school fees are still being collected despite staff being informed that they are violating the law. Some parents have paid the equivalent of a year of college tuition in illegal fees.
To be successful members of society, our children must be provided with an equal playing field in our public education system. All adults should insure that no child is labeled as a deadbeat or excluded from any school course or activity. Every child should enter San Diego Unified School District and never have to be the child looking in the window, empty handed, at the other children playing with the toys their wealthy parents could afford. For 26 years, everyone has looked the other way and 'wink,wink' collected "donations" and really, you say "Shame on you" to me?
When a student can take a math class without having to tell his teacher that "I can't afford a calculator" because every student is given a calculator, when no student has to draw out graph paper with a wooden ruler because his family doesn't have money to buy a pad of graph paper, when a student does not have to take his clay art piece and lump it back into a ball of clay and give it back while his wealthier peers pay the $25 and get to fire and paint their clay creation then we can talk about "salaries for teachers in san diego are 32nd out of 37 school districts in the county.
Nov. 13, 2010
Voice of San Diego
Comments on "What is teacher tenure, anyway?"
Posted by Sally Smith:
...Annually, I hear complaints that teachers must buy supplies for their classrooms. That would not be the case if SDUSD budgeted needed teaching supplies first. Is it asking too much for an educational entity to budget for pencils and paper and calculators? It is the law - Hartzell v. Connell...
The burden of providing a steady stream of revenue for school supplies and activities has been shouldered by families - currently, suffering immensely in this poor economy - and no one bothered to inform them that their children were entitled to a free public education. Illegal school fees are still being collected despite staff being informed that they are violating the law. Some parents have paid the equivalent of a year of college tuition in illegal fees.
To be successful members of society, our children must be provided with an equal playing field in our public education system. All adults should insure that no child is labeled as a deadbeat or excluded from any school course or activity. Every child should enter San Diego Unified School District and never have to be the child looking in the window, empty handed, at the other children playing with the toys their wealthy parents could afford. For 26 years, everyone has looked the other way and 'wink,wink' collected "donations" and really, you say "Shame on you" to me?
When a student can take a math class without having to tell his teacher that "I can't afford a calculator" because every student is given a calculator, when no student has to draw out graph paper with a wooden ruler because his family doesn't have money to buy a pad of graph paper, when a student does not have to take his clay art piece and lump it back into a ball of clay and give it back while his wealthier peers pay the $25 and get to fire and paint their clay creation then we can talk about "salaries for teachers in san diego are 32nd out of 37 school districts in the county.
Thursday, September 02, 2010
SDUSD and Mark Bresee tell parents that public school is free
September 1, 2010
District message to parents: Public school is free
KFMB
SAN DIEGO, Calif. (CBS 8) - Thousands of San Diego students head back to school next week, and getting a child ready can be expensive. But if your child attends public school, it's supposed to be free. It's a message that the San Diego Unified School District wants parents to know.
Physical Education uniforms are selling fast at De Portola Middle School in Tierrasanta one week before school begins, $22 for a pair of short and a t-shirt with the school's logo. The principal says uniforms are required.
"Having a PE uniform is very important because kids try to come on campus and blend in, so it's a safety issue," principal Elizabeth Gillingham said.
Paying a fee for a school uniform is voluntary under state law. If a parent can't afford to pay, De Portola Middle School will provide a slightly used uniform for free. That's because public school is supposed to be free.
"There are lot of families out there that are struggling. They don't have the money. You have three children that have to purchase these uniforms, that's a lot of money," parent Sally Smith said.
Smith got tired of paying for calculators, school supplies and gym uniforms for her kids.
"Parents need to know that they don't have to pay for school supplies, and they don't have to tell anybody that it's because they can't afford to pay for it. It's their right to send their child to school and get a free education," she said.
Under California law, school districts cannot charge fees for things like cheerleading or sports uniforms, school supplies or musical instruments. On the other hand, districts can charge for things like bus transportation, food, field trips or damaged books. And if you ever feel pressure to pay a school fee, district officials want to hear from you.
"If you are told that you have to pay a fee for your child to participate in something, or take a class, that should be brought to our attention because that's not right," San Diego Unified Attorney Mark Bresee said.
Of course, schools are still allowed to ask for donations, with is perfectly legal.
"We are asking if a parent wants to donate to the class for the entire class, we are welcoming that," Gillingham said.
The San Diego Unified School District has posted school fee guidelines and frequently asked questions on its web site.
District message to parents: Public school is free
KFMB
SAN DIEGO, Calif. (CBS 8) - Thousands of San Diego students head back to school next week, and getting a child ready can be expensive. But if your child attends public school, it's supposed to be free. It's a message that the San Diego Unified School District wants parents to know.
Physical Education uniforms are selling fast at De Portola Middle School in Tierrasanta one week before school begins, $22 for a pair of short and a t-shirt with the school's logo. The principal says uniforms are required.
"Having a PE uniform is very important because kids try to come on campus and blend in, so it's a safety issue," principal Elizabeth Gillingham said.
Paying a fee for a school uniform is voluntary under state law. If a parent can't afford to pay, De Portola Middle School will provide a slightly used uniform for free. That's because public school is supposed to be free.
"There are lot of families out there that are struggling. They don't have the money. You have three children that have to purchase these uniforms, that's a lot of money," parent Sally Smith said.
Smith got tired of paying for calculators, school supplies and gym uniforms for her kids.
"Parents need to know that they don't have to pay for school supplies, and they don't have to tell anybody that it's because they can't afford to pay for it. It's their right to send their child to school and get a free education," she said.
Under California law, school districts cannot charge fees for things like cheerleading or sports uniforms, school supplies or musical instruments. On the other hand, districts can charge for things like bus transportation, food, field trips or damaged books. And if you ever feel pressure to pay a school fee, district officials want to hear from you.
"If you are told that you have to pay a fee for your child to participate in something, or take a class, that should be brought to our attention because that's not right," San Diego Unified Attorney Mark Bresee said.
Of course, schools are still allowed to ask for donations, with is perfectly legal.
"We are asking if a parent wants to donate to the class for the entire class, we are welcoming that," Gillingham said.
The San Diego Unified School District has posted school fee guidelines and frequently asked questions on its web site.
Wednesday, August 11, 2010
Serra High School principal wants to arrest Sally Smith for talking to students about school policies
Stories Neighborhood News
The Breakfast Club
By Dorian Hargrove
Aug. 8, 2010
[Parent activist Sally] Smith received a letter from the principal of Serra High School, Michael Jimenez, dated May 19. A letter that she refers to as "the arrest letter."
"Please be forewarned," reads the letter from Jimenez, "in the event you should enter school property in the future and should cause any disturbance or disruption, the district will have no choice but to place you under arrest and refer your case to the authorities."
The letter, which is also addressed to San Diego's chief of police, was sent after principal Jimenez learned that Smith was in the Serra High parking lot in early May, talking to students as they were leaving from a four-hour-long Saturday school session...
The Breakfast Club
By Dorian Hargrove
Aug. 8, 2010
[Parent activist Sally] Smith received a letter from the principal of Serra High School, Michael Jimenez, dated May 19. A letter that she refers to as "the arrest letter."
"Please be forewarned," reads the letter from Jimenez, "in the event you should enter school property in the future and should cause any disturbance or disruption, the district will have no choice but to place you under arrest and refer your case to the authorities."
The letter, which is also addressed to San Diego's chief of police, was sent after principal Jimenez learned that Smith was in the Serra High parking lot in early May, talking to students as they were leaving from a four-hour-long Saturday school session...
Serra High School students marked truant when 5 seconds late, reports Sally Smith
Stories Neighborhood News
The Breakfast Club
By Dorian Hargrove
Aug. 8, 2010
...According to Smith, schools throughout the district are raising extra money by redefining the State of California's definition of truancy. Section 48260 of California's Education Code defines a truant as any student who misses more than 30 minutes of class without an excuse. But students and parents who Smith has interviewed tell her that teachers are marking students truant if they are five seconds late.
If the student has three or more "truancies" they are placed on the Loss of Privilege list and banned from attending school dances, graduation ceremonies, and supporting their school's sports teams. The only way for a student to get lopped off this list is by attending Saturday school.
"Some students have attended as many as five Saturday school sessions," says Smith. "Somehow these policies always seem to lead to money."
Smith says teachers and staff earn overtime for administering Saturday school and, schools, not the district, generate extra revenue from the state as part of the state's Saturday School Reimbursement Program, which covers costs incurred by schools to allow students to make up unexcused absences.
"This is happening throughout the district," says Smith, who has spent months collecting financial documents from San Diego Unified.
One Saturday School Reimbursement slip submitted to SDUSD's Budget Management and Cost Controls Department from Serra High School for Saturday School on October 31, 2009, totals $2,915.50. The following week, expenses for Saturday school were $1,999.20.
"Teenagers deserve the protection of the law. They deserve fair and equitable treatment. This tardy policy bears serious scrutiny."
Smith requested in May that the San Diego County Office of Education conduct an investigation. She is waiting for a response.
The Breakfast Club
By Dorian Hargrove
Aug. 8, 2010
...According to Smith, schools throughout the district are raising extra money by redefining the State of California's definition of truancy. Section 48260 of California's Education Code defines a truant as any student who misses more than 30 minutes of class without an excuse. But students and parents who Smith has interviewed tell her that teachers are marking students truant if they are five seconds late.
If the student has three or more "truancies" they are placed on the Loss of Privilege list and banned from attending school dances, graduation ceremonies, and supporting their school's sports teams. The only way for a student to get lopped off this list is by attending Saturday school.
"Some students have attended as many as five Saturday school sessions," says Smith. "Somehow these policies always seem to lead to money."
Smith says teachers and staff earn overtime for administering Saturday school and, schools, not the district, generate extra revenue from the state as part of the state's Saturday School Reimbursement Program, which covers costs incurred by schools to allow students to make up unexcused absences.
"This is happening throughout the district," says Smith, who has spent months collecting financial documents from San Diego Unified.
One Saturday School Reimbursement slip submitted to SDUSD's Budget Management and Cost Controls Department from Serra High School for Saturday School on October 31, 2009, totals $2,915.50. The following week, expenses for Saturday school were $1,999.20.
"Teenagers deserve the protection of the law. They deserve fair and equitable treatment. This tardy policy bears serious scrutiny."
Smith requested in May that the San Diego County Office of Education conduct an investigation. She is waiting for a response.
Tuesday, March 23, 2010
The Reader offers a review of the Sally Smith story
School Fees Are IllegalBy Dorian Hargrove
March 17, 2010
The San Diego Reader
On January 11, 43 students, parents, and school staff gathered inside the media center at Junipero Serra High School in Tierrasanta for the monthly meeting of the School Site Council. The council sat in the middle of the room at four conjoined tables. Comprising three students, three parents, four teachers, a school counselor, and Principal Mike Jimenez, the council is charged with overseeing a plan to improve the school in accordance with state- and federally funded programs. All schools in San Diego Unified School District are required to have a school site council (SSC)...
Tuesday, February 16, 2010
Parent activist Sally Smith suffers fate of Dr. Almeda Starkey: kicked off boards that didn't like what they had to say
See all Sally Smith posts.
Ever since Sally Smith got ousted from the Serra High School site council, I've been trying to find a story I read a few months ago about a woman who was ousted from a planning board, and reinstated by a judge.
I searched the SDUT archives and Google, all to no avail. But today Shannon Lopez, Assistant to the Editor, answered my request for help.
Veterinarian kicked off panel prevails in court
by Greg Moran
SAN DIEGO UNION-TRIBUNE
Sep 27, 2009
Dr. Almeda Starkey of Pine Valley sued to regain her seat on a county conservation program committee after county officials ousted her.
At all of seven typed paragraphs long, the statement that Dr. Almeda Starkey read at a meeting of a San Diego County land-use steering committee in May 2008 doesn't appear particularly controversial...
But that short statement would get Starkey kicked off the committee two weeks later by county planning officials.
It also touched off a court fight that ended last month when the 9th U.S. Circuit Court of Appeals ruled that the county had violated Starkey's First Amendment rights, and ordered her back on the committee.
In a five-page decision, a three-judge panel said the record "flatly contradicts" the county's claim that Starkey was removed because she was uncooperative.
"The only identifiable act that led to Dr. Starkey's removal was her reading of a brief, prepared statement into the record of a committee meeting," the panel wrote in an unsigned opinion. "Viewpoint discrimination of this nature is particularly odious under the First Amendment."
The case drew the attention of Californians Aware, the California First Amendment Coalition and the American Civil Liberties Union, who all sided with Starkey. They said it highlighted a key principle in First Amendment law -- that governments cannot squelch a point of view they simply don't want to hear.
Starkey's return to the committee may have to wait. Budget cuts have led county planners to suspend the committee's work, so it is no longer active.
The East County Multiple Species Conservation Program is intended to map out large habitat preserves to protect threatened and endangered species and would impose land-use restrictions on large chunks of property.
Starkey was brought on the committee to represent the San Diego-Imperial County Cattlemen's Association, which is concerned about the plan's effects on private landholders in the backcountry.
In her statement last year, Starkey proposed creating the preserve on publicly owned lands and private lands that were already designated for conservation. That approach would exempt agricultural lands, including ranches, from the habitat preserve.
Once land is designated part of the plan, Davis said, changing its use -- such as putting in different crops -- is almost impossible.
"We have most of the acreage the county would be looking at, and we needed a seat on the committee," Davis said.
Getting that seat was difficult, he said. In 2007, the association sought a seat, but county planners balked...
Starkey was stunned. The committee was supposed to solicit different viewpoints, and that was what she had done. "That's what democracy is," she said...
A request to interview Murphy and other planning officials was referred to Ellen Pilsecker, the county lawyer who argued the case. She said it was not anything Starkey said that got her removed, but her overall demeanor.
[Maura Larkins comment: When you have no facts to support your position, you claim that there was a "perception" that the person you don't like did something improper. It's hard to argue with such a claim, but I'm glad that Dr. Starkey did just that.]
"It was more of a perception issue," Pilsecker said. "What I have been told is it was supposed to be a group of people working together, and other members of that group did not feel she was being a team player."
Pilsecker also said that before Starkey was on the committee, she had been trying to obtain documents from the county under the state Public Records Act. Her lawyer had written the county to say that if not all the records were produced, Starkey might sue to get them -- a step that is allowed under the law.
[Maura Larkins comment: Starkey has the constitutional right to petition for redress of grievances. This is the same type of complaint that was made about Sally Smith.]
Pilsecker argued that it fueled the county's perception that Starkey would not be a cooperative member of the committee.
The lawsuit over Starkey's dismissal ended up in federal court. Starkey asked for a court order that would place her back on the committee, but District Judge Janis Sammartino ruled Starkey did not have a First Amendment right to a seat on the committee and sided with the county.
Pilsecker had argued that Starkey could come and speak to the committee as a member of the public.
But Guylyn Cummins, who argued the appeal for the cattlemen's association, said there is a distinct difference between speaking during the public comment portion and having a seat on the committee. (Cummins has also represented The San Diego Union-Tribune in First Amendment and public-records-access litigation.)
Moreover, Cummins said, Starkey's seven-paragraph statement was in response to a request from the committee...
TIMELINE
>
> February 2008:
>
> Dr. Almeda Starkey is named to the East County Multiple Species Conservation Program steering committee as the representative of the San Diego-Imperial County Cattlemen's Association.
>
> May 28, 2008:
>
> Starkey reads a statement into the record during her second meeting.
>
> June 12, 2008:
>
> San Diego County officials inform the cattlemen that she is off the committee.
>
> September 2008:
>
> Starkey and the cattlemen sue the county, saying her First Amendment rights were violated and seeking her reinstatement on the committee.
>
> December 2008:
>
> Federal Judge Janis Sammartino rules in favor of the county. The case is appealed.
>
> August 2009:
>
> The 9th U.S. Circuit Court of Appeals rules in favor of Starkey and orders her reinstated.
Ever since Sally Smith got ousted from the Serra High School site council, I've been trying to find a story I read a few months ago about a woman who was ousted from a planning board, and reinstated by a judge.
I searched the SDUT archives and Google, all to no avail. But today Shannon Lopez, Assistant to the Editor, answered my request for help.
Veterinarian kicked off panel prevails in court
by Greg Moran
SAN DIEGO UNION-TRIBUNE
Sep 27, 2009
Dr. Almeda Starkey of Pine Valley sued to regain her seat on a county conservation program committee after county officials ousted her.
At all of seven typed paragraphs long, the statement that Dr. Almeda Starkey read at a meeting of a San Diego County land-use steering committee in May 2008 doesn't appear particularly controversial...
But that short statement would get Starkey kicked off the committee two weeks later by county planning officials.
It also touched off a court fight that ended last month when the 9th U.S. Circuit Court of Appeals ruled that the county had violated Starkey's First Amendment rights, and ordered her back on the committee.
In a five-page decision, a three-judge panel said the record "flatly contradicts" the county's claim that Starkey was removed because she was uncooperative.
"The only identifiable act that led to Dr. Starkey's removal was her reading of a brief, prepared statement into the record of a committee meeting," the panel wrote in an unsigned opinion. "Viewpoint discrimination of this nature is particularly odious under the First Amendment."
The case drew the attention of Californians Aware, the California First Amendment Coalition and the American Civil Liberties Union, who all sided with Starkey. They said it highlighted a key principle in First Amendment law -- that governments cannot squelch a point of view they simply don't want to hear.
Starkey's return to the committee may have to wait. Budget cuts have led county planners to suspend the committee's work, so it is no longer active.
The East County Multiple Species Conservation Program is intended to map out large habitat preserves to protect threatened and endangered species and would impose land-use restrictions on large chunks of property.
Starkey was brought on the committee to represent the San Diego-Imperial County Cattlemen's Association, which is concerned about the plan's effects on private landholders in the backcountry.
In her statement last year, Starkey proposed creating the preserve on publicly owned lands and private lands that were already designated for conservation. That approach would exempt agricultural lands, including ranches, from the habitat preserve.
Once land is designated part of the plan, Davis said, changing its use -- such as putting in different crops -- is almost impossible.
"We have most of the acreage the county would be looking at, and we needed a seat on the committee," Davis said.
Getting that seat was difficult, he said. In 2007, the association sought a seat, but county planners balked...
Starkey was stunned. The committee was supposed to solicit different viewpoints, and that was what she had done. "That's what democracy is," she said...
A request to interview Murphy and other planning officials was referred to Ellen Pilsecker, the county lawyer who argued the case. She said it was not anything Starkey said that got her removed, but her overall demeanor.
[Maura Larkins comment: When you have no facts to support your position, you claim that there was a "perception" that the person you don't like did something improper. It's hard to argue with such a claim, but I'm glad that Dr. Starkey did just that.]
"It was more of a perception issue," Pilsecker said. "What I have been told is it was supposed to be a group of people working together, and other members of that group did not feel she was being a team player."
Pilsecker also said that before Starkey was on the committee, she had been trying to obtain documents from the county under the state Public Records Act. Her lawyer had written the county to say that if not all the records were produced, Starkey might sue to get them -- a step that is allowed under the law.
[Maura Larkins comment: Starkey has the constitutional right to petition for redress of grievances. This is the same type of complaint that was made about Sally Smith.]
Pilsecker argued that it fueled the county's perception that Starkey would not be a cooperative member of the committee.
The lawsuit over Starkey's dismissal ended up in federal court. Starkey asked for a court order that would place her back on the committee, but District Judge Janis Sammartino ruled Starkey did not have a First Amendment right to a seat on the committee and sided with the county.
Pilsecker had argued that Starkey could come and speak to the committee as a member of the public.
But Guylyn Cummins, who argued the appeal for the cattlemen's association, said there is a distinct difference between speaking during the public comment portion and having a seat on the committee. (Cummins has also represented The San Diego Union-Tribune in First Amendment and public-records-access litigation.)
Moreover, Cummins said, Starkey's seven-paragraph statement was in response to a request from the committee...
TIMELINE
>
> February 2008:
>
> Dr. Almeda Starkey is named to the East County Multiple Species Conservation Program steering committee as the representative of the San Diego-Imperial County Cattlemen's Association.
>
> May 28, 2008:
>
> Starkey reads a statement into the record during her second meeting.
>
> June 12, 2008:
>
> San Diego County officials inform the cattlemen that she is off the committee.
>
> September 2008:
>
> Starkey and the cattlemen sue the county, saying her First Amendment rights were violated and seeking her reinstatement on the committee.
>
> December 2008:
>
> Federal Judge Janis Sammartino rules in favor of the county. The case is appealed.
>
> August 2009:
>
> The 9th U.S. Circuit Court of Appeals rules in favor of Starkey and orders her reinstated.
Thursday, January 28, 2010
Why are Serra High School teachers afraid of Sally Smith? Are they paranoid or could they actually lose their jobs?
Junipero Serra High SchoolSee all posts on this issue.
I believe that administrators have failed the teachers of Serra High. (See my post on SDUSD general counsel Mark Bresee.) Teachers have a right to know exactly where they stand, and not live in fear that maybe their boss thinks they're not doing the right thing. One problem is that there is no real evaluation system for teachers. Evaluations are very subjective and based on minimal observations. Teachers should be observed by professionals from outside the school, and they should be given precise feedback about their performance.
Also, the district should provide teachers with specific rules about fees, and those rules should be district-wide, not just based on which school received a parent complaint.
ADMINISTRATORS HIDE FROM PROBLEMS, AND HAVE NO SYSTEM FOR SOLVING THEM
Administrators and unions and teacher culture don't encourage teachers to engage in open, honest communication with anyone: not parents, not students and certainly not other teachers. They might say they do, but teachers and principals know that district superintendents and other officials, including the board, want them to keep a low profile. They know that the sound that officials love to hear is the sound of silence.
It is not surprising that the teachers at Serra High are clueless as to how to solve problems. They think if they band together they become untouchable; this is part of the delusion of mob psychology. But the board should hear their demands as a cry for help. The board should show some leadership at Serra High School. I feel sorry for the principal. He knows that if he doesn't support the teachers they will turn on him.
I agree with the eight speakers at SDUSD's recent board meeting that the board should do something about Sally Smith's complaints about Serra High School. But the board should not simply silence Smith as the speakers wish; it should discuss the complaints in a public forum.
One of the questions that should be asked is, "Why do these staff members claim to fear they might lose their jobs?" It could be paranoia, or it could be that they are really just angry and don't want to admit it. They want to appear as victims. That's what happened at Castle Park Elementary.
The teachers at Castle Park Elementary became so drunk with power, thanks to the legal tactics of the same attorney Mark Bresee who is giving advice at Serra High School, that they went out of control. Well, they'd been out of control even before Mark Bresee helped them cover up criminal activity.
Marsha SuttonTeachable Moments: SD Unified considers ways to bring in money
By Marsha Sutton, SDNN
Wednesday, January 27, 2010
...Eight speakers - three staff members, three parents and two students - addressed the board during public comment to ask trustees for assistance in ending what they called the bullying by Serra High School parent Sally Smith of teachers and students.
Teacher Joe Schmidt said Smith has created an “atmosphere of fear” at Serra with “baseless” concerns and complaints. “It is time we take our school back,” he said.
Counselor Susan Skinner called Smith’s complaints frivolous, and physical education teacher Lorene Dabney, in tears, said Smith is “ruining the programs that support students.”
[Maura Larkins' note: Lorene Dabney is likely the Serra High staff person with initials "LD" who recently advised Sally Smith's daughter that it would be appropriate for her to look for another school to attend.]
Senior Lexie Ryan, a member of the School Site Council, said the school suffers from a “hostile environment that Ms. Smith has helped create.” To board members, she said, “You are elected to help the students.”
[Maura Larkins' note: The board is also elected to obey the law.]
Parents said the problems go beyond Smith’s zeal to eliminate illegal parent fees for programs that must be provided at no charge. They described “a culture of fear and intimidation” and said teachers “live in fear” as a result of Smith’s “harassing emails and threats.”
One parent told trustees, “It is your duty to protect us.”
Board members made no comment, although Nakamura thanked the Serra speakers for addressing the board. Serra High School is in Nakamura’s sub-district.
SCHOOL SITE COUNCIL MEMBERS 2009-2010
Parent Representatives
Ed Harris
Martha Morena
Staff
Mike Jimenez, Principal
Jann Allen- Counselor
Suzie Fore, Math
Mike Morales- Math
Matt Medina- Math
Keri Pisapia, Special Education (PHOTO BELOW)
[Wait a minute. Do we have a bit of nepotism going on here? Is Keri Pisapia related in any way to
John Pisapia, the Athletic Director, who has been very involved in getting rid of Sally Smith? Did Keri Pisapia recuse herself from the vote on Sally Smith?]
Thursday, January 21, 2010
WHEN A POLICE OFFICER WAS RETALIATED AGAINST FOR SPEAKING OUT, HE ENDED UP WINNING A $60,000 SETTLEMENT FROM THE CITY OF MURRIETA
This case makes me think of the Sally Smith case. Taxpayers will foot the bill through a public insurer. When will officials learn that the Bill of Rights is still in effect in America?
MURRIETA: Sergeant, city settle lawsuit for $60,000
By NELSY RODRIGUEZ
January 20, 2010
MURRIETA ---- A Murrieta police sergeant has settled a long-standing civil rights lawsuit he filed against the city.
Sgt. Robert Landwehr, a current member of the city's police force, will receive $60,000, which includes $40,000 for attorney fees, Murrieta City Attorney Leslie Devaney said Wednesday.
Devaney announced the settlement after the end of the City Council's closed meeting Tuesday.
She said the city will not pay the settlement, rather a public insurer will.
Landwehr also had been seeking a promotion to sergeant through the 2006 lawsuit, but Devaney said she did not know the outcome of that situation.
Michael McGill, Landwehr's attorney, could not be reached for comment Wednesday.
Landwehr claimed he was denied a promotion to lieutenant and overlooked for special task force assignments because he publicly voiced his opinion about staffing at the department. He wrote several letters that were published by various newspapers regarding the need for more officers to serve the city's growing population.
MURRIETA: Sergeant, city settle lawsuit for $60,000
By NELSY RODRIGUEZ
January 20, 2010
MURRIETA ---- A Murrieta police sergeant has settled a long-standing civil rights lawsuit he filed against the city.
Sgt. Robert Landwehr, a current member of the city's police force, will receive $60,000, which includes $40,000 for attorney fees, Murrieta City Attorney Leslie Devaney said Wednesday.
Devaney announced the settlement after the end of the City Council's closed meeting Tuesday.
She said the city will not pay the settlement, rather a public insurer will.
Landwehr also had been seeking a promotion to sergeant through the 2006 lawsuit, but Devaney said she did not know the outcome of that situation.
Michael McGill, Landwehr's attorney, could not be reached for comment Wednesday.
Landwehr claimed he was denied a promotion to lieutenant and overlooked for special task force assignments because he publicly voiced his opinion about staffing at the department. He wrote several letters that were published by various newspapers regarding the need for more officers to serve the city's growing population.
Tuesday, January 19, 2010
Serra High School staff member tells Sally Smith's daughter she should leave the school
See all posts on this issue.
The Sally Smith case gets more interesting as participants in the drama tell more of the story in the comments section of SDNN.
It appears that the ouster of Smith from the Serra High School site council may have been retaliation for her having filed a lawsuit. Does this school staff know that the right to petition for redress of grievances is protected by the constitution? It would seem that they don't.
It seems that the school staff has gone off the deep end as far as anger goes. One of them seems to be threatening Sally Smith's daughter. (See the comments section below.) I have found that school staffs sometimes begin to think that they are immune to the law and that there is safety in numbers; that's when they begin to exhibit mob psychology.
Teachable Moments: Sally Smith off Serra site council at packed meeting
By Marsha Sutton, SDNN
Monday, January 11, 2010
Before a packed house, Sally Smith was ousted this afternoon from her elected seat on the School Site Council of Serra High School. She was blasted for humiliating a student at last month’s SSC meeting by laughing at her in public, but Smith claims the reason behind the movement to remove her centers around her efforts to eliminate parent fees for athletics and other extra-curricular activities....
Comments:
LD:
[LD identifies herself as an educator for 25 years, and seems to be on the staff of Serra High School. She says of Sally Smith:]
"...she has filed at least 3 complaints against me and named me in at least 2 law suits with the school district. I have proven her wrong on every occassion (sic)."
[Maura Larkins response (updated): I searched court records and found that Sally Smith filed only one small lawsuit, and she won it easily. A parent shouldn't have to file a lawsuit just to get proper placement for her child at school.]
A DOUBLE STANDARD?
LD seems to have a double standard when it comes to how students should be treated. LD complains that Sally Smith made a girl cry by laughing at what the girl was saying, but then LD turns around and tells Sally Smith's daughter, who is also a student at the school, that she should LEAVE THE SCHOOL!
LD: "What about the student who was in tears when she was talking to your mom? Your mom walked out and to this day has not apologized??? What a hypocrite! Your mom needs to go home and be a mom. She needs to take her one and only child out of Serra and place her where she believes the school is following the law and teaching her daughter better values. School-of-choice is for people like your mom who are so unhappy with the school that it’s time to find a new place where she and her child are happy."
[Maura Larkins' response to LD: It's important that all students be taught to respect the law, including the students at Serra High School. This isn't such a big problem, LD. Just ask for donations to cover the cost of programs; I'm sure most families can give the donations, and those who can't are precisely the ones that the law is intended to protect.]
LD continues to harangue this child:
"Your mom has been mean, nasty, negative and isn’t trying to help students or trying to help us educators to follow the law..."
LD then seems to make a threat:
"The stuff has not all hit the fan yet, sister. But it’s coming. It’s coming big."
[Maura Larkins response: Good heavens, LD. It's not professional to intimidate a student at your school in this manner. You seem to be quite a bully; are you one of those coaches that thinks it's appropriate to abuse students to make them tough? I think you should say just what this "big" thing is that's about to hit the fan. I get the impression that it's going to hit Sally Smith and her daughter. Are you and some of the other staff members and students planning further revenge?]
No one has given me any information about any commenter, but I see that Lorene Dabney teaches PE at Serra High School. The students on the School Site Council are two field hockey/soccer players and a cheerleader. I can't help wondering if Dabney talked to them about this issue.]
THE CURSE OF THE GOOD GIRL
The Serra High School situation reminds me of the Rachel Simmons book “The Curse of the Good Girl.” Simmons notes that girl culture requires females to be “nice,” and not confrontational. Sadly, the alternative to confrontation is whispering behind people’s backs and working to gather more members into the secretive circle of angry “good” girls. Sally Smith broke the good girl rule, so the “good girls” proceeded to ostracize her. (Yes, I know men are involved; it seems that teacher culture is eerily similar to girl culture.) Several commenters claim that Serra High School is “our” school. It’s a public entity; it doesn’t belong to any subgroup. A healthier alternative would be to discuss issues openly. I think that the school should hire a facilitator to conduct a public discussion of the issues Sally has brought up. The law that requires that education be free is a doozy, but the school should model the appropriate procedure for dealing with difficult challenges in a democracy.
The Sally Smith case gets more interesting as participants in the drama tell more of the story in the comments section of SDNN.
It appears that the ouster of Smith from the Serra High School site council may have been retaliation for her having filed a lawsuit. Does this school staff know that the right to petition for redress of grievances is protected by the constitution? It would seem that they don't.
It seems that the school staff has gone off the deep end as far as anger goes. One of them seems to be threatening Sally Smith's daughter. (See the comments section below.) I have found that school staffs sometimes begin to think that they are immune to the law and that there is safety in numbers; that's when they begin to exhibit mob psychology.
Teachable Moments: Sally Smith off Serra site council at packed meeting
By Marsha Sutton, SDNN
Monday, January 11, 2010
Before a packed house, Sally Smith was ousted this afternoon from her elected seat on the School Site Council of Serra High School. She was blasted for humiliating a student at last month’s SSC meeting by laughing at her in public, but Smith claims the reason behind the movement to remove her centers around her efforts to eliminate parent fees for athletics and other extra-curricular activities....
Comments:
LD:
[LD identifies herself as an educator for 25 years, and seems to be on the staff of Serra High School. She says of Sally Smith:]
"...she has filed at least 3 complaints against me and named me in at least 2 law suits with the school district. I have proven her wrong on every occassion (sic)."
[Maura Larkins response (updated): I searched court records and found that Sally Smith filed only one small lawsuit, and she won it easily. A parent shouldn't have to file a lawsuit just to get proper placement for her child at school.]
A DOUBLE STANDARD?
LD seems to have a double standard when it comes to how students should be treated. LD complains that Sally Smith made a girl cry by laughing at what the girl was saying, but then LD turns around and tells Sally Smith's daughter, who is also a student at the school, that she should LEAVE THE SCHOOL!
LD: "What about the student who was in tears when she was talking to your mom? Your mom walked out and to this day has not apologized??? What a hypocrite! Your mom needs to go home and be a mom. She needs to take her one and only child out of Serra and place her where she believes the school is following the law and teaching her daughter better values. School-of-choice is for people like your mom who are so unhappy with the school that it’s time to find a new place where she and her child are happy."
[Maura Larkins' response to LD: It's important that all students be taught to respect the law, including the students at Serra High School. This isn't such a big problem, LD. Just ask for donations to cover the cost of programs; I'm sure most families can give the donations, and those who can't are precisely the ones that the law is intended to protect.]
LD continues to harangue this child:
"Your mom has been mean, nasty, negative and isn’t trying to help students or trying to help us educators to follow the law..."
LD then seems to make a threat:
"The stuff has not all hit the fan yet, sister. But it’s coming. It’s coming big."
[Maura Larkins response: Good heavens, LD. It's not professional to intimidate a student at your school in this manner. You seem to be quite a bully; are you one of those coaches that thinks it's appropriate to abuse students to make them tough? I think you should say just what this "big" thing is that's about to hit the fan. I get the impression that it's going to hit Sally Smith and her daughter. Are you and some of the other staff members and students planning further revenge?]
No one has given me any information about any commenter, but I see that Lorene Dabney teaches PE at Serra High School. The students on the School Site Council are two field hockey/soccer players and a cheerleader. I can't help wondering if Dabney talked to them about this issue.]
THE CURSE OF THE GOOD GIRL
The Serra High School situation reminds me of the Rachel Simmons book “The Curse of the Good Girl.” Simmons notes that girl culture requires females to be “nice,” and not confrontational. Sadly, the alternative to confrontation is whispering behind people’s backs and working to gather more members into the secretive circle of angry “good” girls. Sally Smith broke the good girl rule, so the “good girls” proceeded to ostracize her. (Yes, I know men are involved; it seems that teacher culture is eerily similar to girl culture.) Several commenters claim that Serra High School is “our” school. It’s a public entity; it doesn’t belong to any subgroup. A healthier alternative would be to discuss issues openly. I think that the school should hire a facilitator to conduct a public discussion of the issues Sally has brought up. The law that requires that education be free is a doozy, but the school should model the appropriate procedure for dealing with difficult challenges in a democracy.
Wednesday, January 13, 2010
Serra High School Site Council votes Sally Smith out--then it allows packed audience to comment
See other Sally Smith posts.
Teachable Moments: Sally Smith off Serra site council at packed meeting
By Marsha Sutton, SDNN
Monday, January 11, 2010
Before a packed house, Sally Smith was ousted this afternoon from her elected seat on the School Site Council of Serra High School. She was blasted for humiliating a student at last month’s SSC meeting by laughing at her in public, but Smith claims the reason behind the movement to remove her centers around her efforts to eliminate parent fees for athletics and other extra-curricular activities.
This just in from Smith a few minutes after the meeting:
“I am out. The three parents: me, Ed Harris and Martha Morena voted for me. Ed and Martha spoke in support of me. … The room was packed with parents that have never shown up ever. Most magnificent turnout in the history of SSC - must have been 80 parents, teachers and staff. … My supporters were African-American and Mexican-American parents. Most spoke in Spanish in support of me.”
The Serra site council consists of 12 members: three parents, three students, principal Michael Jimenez, counselor Jann Allen, and four teachers - the SSC chair Suzie Fore, Matt Medina, Mike Morales and Keri Pisapia.
Serra’s SSC bylaws state that a two-thirds vote is required to expel a member.
According to Smith, Fore told an audience member that Smith was being voted off because, at last month’s meeting, her behavior was inappropriate and she “chuckled” at a student who was upset about the likelihood that after-school programs might be eliminated if fees from parents could no longer be collected.
“I didn’t chuckle but I did sigh because I was so disappointed that a student would be complaining that she didn’t like the law,” Smith said.
Smith said this is not an issue that students should have to deal with. “This is an adult thing that we’re supposed to be doing for them - implementing it correctly, following the law,” she said. “It isn’t our job to get them all excited and stressed out about all this. It’s our job to get it right.”
After the vote, seven speakers addressed the site council in support of Smith and one opposed, she reported. But several audience members asked why they were not permitted to speak before the vote was taken...
Teachable Moments: Sally Smith off Serra site council at packed meeting
By Marsha Sutton, SDNN
Monday, January 11, 2010
Before a packed house, Sally Smith was ousted this afternoon from her elected seat on the School Site Council of Serra High School. She was blasted for humiliating a student at last month’s SSC meeting by laughing at her in public, but Smith claims the reason behind the movement to remove her centers around her efforts to eliminate parent fees for athletics and other extra-curricular activities.
This just in from Smith a few minutes after the meeting:
“I am out. The three parents: me, Ed Harris and Martha Morena voted for me. Ed and Martha spoke in support of me. … The room was packed with parents that have never shown up ever. Most magnificent turnout in the history of SSC - must have been 80 parents, teachers and staff. … My supporters were African-American and Mexican-American parents. Most spoke in Spanish in support of me.”
The Serra site council consists of 12 members: three parents, three students, principal Michael Jimenez, counselor Jann Allen, and four teachers - the SSC chair Suzie Fore, Matt Medina, Mike Morales and Keri Pisapia.
Serra’s SSC bylaws state that a two-thirds vote is required to expel a member.
According to Smith, Fore told an audience member that Smith was being voted off because, at last month’s meeting, her behavior was inappropriate and she “chuckled” at a student who was upset about the likelihood that after-school programs might be eliminated if fees from parents could no longer be collected.
“I didn’t chuckle but I did sigh because I was so disappointed that a student would be complaining that she didn’t like the law,” Smith said.
Smith said this is not an issue that students should have to deal with. “This is an adult thing that we’re supposed to be doing for them - implementing it correctly, following the law,” she said. “It isn’t our job to get them all excited and stressed out about all this. It’s our job to get it right.”
After the vote, seven speakers addressed the site council in support of Smith and one opposed, she reported. But several audience members asked why they were not permitted to speak before the vote was taken...
Tuesday, January 12, 2010
Cheerleaders at Serra High are unhappy about equal access law; parent Sally Smith thrown off Site Council
See other Sally Smith posts.
See Jim Groth posts.
Until teachers learn to discuss issues openly instead of shutting people up, schools will be run by cliques, not the public.
I know from experience that one can advocate very well from outside school committees, but the Serra High School situation has developed into something that I believe is a teachable moment for schools and the public.
We have a situation that typifies what schools teach students about democracy and the rule of law: if someone makes you uncomfortable, or demands that the law be obeyed, throw them off the committee.
Teachers need to develop a new bag of tricks.
Anger is mother's milk to teachers, and teachers lounges are breeding places for it. I've seen it firsthand at the four schools I taught at.
At one school I taught at years ago, staff meetings developed into two-hour long sessions of yelling at the principal, and if you had to go pick up your kid at daycare, the other teachers resented it deeply. They wanted everyone to partake fully in the anger fest.
At another school, current CTA bigshot Jim Groth got mad at me because I wouldn't sign a petition that said the principal was mentally ill. I was only willing to sign a petition that asked for an end to specific practices.
The mental illness charge is a favorite. It's frequently used against principals who commit the sin of criticizing popular teachers. Parents, teachers and kids who don't fall into lock step with the ruling clique also get the label. But I've seen teachers with such a deep sense of victimhood, anger and paranoia that I have come to the conclusion that schools need to offer more mental health support for teachers.
At issue at Serra High School is a law requiring schools to give equal access to all students regardless of income. It is an important law.
Instead of trying to silence a parent who asked that the law be obeyed, why didn't the athletic director of Serra High School tell cheerleaders that they needed to find a way to obey the law? Perhaps they could campaign for a special cheerleader tax, or for an end to Prop 13, or simply conduct a fundraiser for athletics.
Teachable Moments: Parent to be booted off Serra site council
By Marsha Sutton, SDNN
January 10, 2010
This afternoon it appears that San Diego Unified School District parent Sally Smith will be ousted from her seat on Serra High School’s School Site Council.
Smith, an activist in San Diego Unified, has made a name for herself with her relentless efforts to eliminate parent fees for curricular and extra-curricular activities, including sports and after-school programs. She said student representatives on the Serra site council “are angry with me about the fees issue and how it affects their athletic programs.”
A call for details made last Friday to the school’s principal, Michael Jimenez, was not returned. And the school’s site council Web page, which was active on Friday, was blank by Sunday night.
She said the school’s principal told her the site council students decided on their own to vote her off the site council. The three student representatives include two field hockey/soccer players and a cheerleader, she said.
[Maura Larkins comment: How would the principal know that? Was he listening to all conversations on the matter between the students and adults?]
Smith claims some of the school’s cheerleaders approached her daughter, a student at Serra, and asked her why her mother is “trying to get rid of cheerleading and sports.” Smith said the cheerleaders pay $1,000 each to be on the squad.
She said the students, parents and staff don’t understand the law that prohibits charging families for school activities, based on equity and fairness for low-income children, and that they are trying to “shoot the messenger” instead.
However, the school’s athletic director, Jonn Pisapia, and at least one parent, complained that the real issue is that Smith laughed at a student when the student struggled to express her view that it was unfair to impose fees that would eliminate popular programs.
In an email dated Dec. 7, after last month’s Serra SSC meeting, Pisapia wrote, “I am concerned with the conduct that I witnessed today at the SSC meeting that was held in the media center. Students brought to the table concerns that they had and while doing so one of the students was laughed and snickered at by Mrs. Smith. The student was speaking on something near and dear to her heart. These students are not only speaking for themselves but for many students and are trying to understand the process and the events that are taking place around them...
Serra parent Loraine Gutierrez de Hurtado wrote to SDUSD school board members on Jan. 8, and referred to the incident at the Dec. 7 school site council meeting when she said she “witnessed a student representative on the council, a child, reduced to tears while addressing Ms. Smith and Ms. Smith’s inappropriate response was one of laughter.”
She asked “that Sally Smith be removed from the SSC as a parent representative, that her physical presence be restricted from SHS grounds.”
After Smith notified Jimenez, Serra’s principal, that she wished to videotape the Jan. 11 school site council meeting, she received a note from SDUSD General Counsel Mark Bresee, who wrote, “Please be advised that, in my opinion, you have no right to video and/or audio tape the meeting without the consent of those who are recorded.”...
[Maura Larkins' comment: I feel like crying, not laughing, to know that students are being taught to manipulate the law in order to violate it. I can certainly see that someone might be startled into a laugh of disbelief when a student asks her, "Why are you bringing up this law now?" In my experience, attorney Mike Bresee has previously worked to damage people with subjective allegations while at the same time keeping solid evidence out of the record. He knows very well that you can't stop someone from recording an open meeting of decision-makers at a public entity.]
See Jim Groth posts.
Until teachers learn to discuss issues openly instead of shutting people up, schools will be run by cliques, not the public.
I know from experience that one can advocate very well from outside school committees, but the Serra High School situation has developed into something that I believe is a teachable moment for schools and the public.
We have a situation that typifies what schools teach students about democracy and the rule of law: if someone makes you uncomfortable, or demands that the law be obeyed, throw them off the committee.
Teachers need to develop a new bag of tricks.
Anger is mother's milk to teachers, and teachers lounges are breeding places for it. I've seen it firsthand at the four schools I taught at.
At one school I taught at years ago, staff meetings developed into two-hour long sessions of yelling at the principal, and if you had to go pick up your kid at daycare, the other teachers resented it deeply. They wanted everyone to partake fully in the anger fest.
At another school, current CTA bigshot Jim Groth got mad at me because I wouldn't sign a petition that said the principal was mentally ill. I was only willing to sign a petition that asked for an end to specific practices.
The mental illness charge is a favorite. It's frequently used against principals who commit the sin of criticizing popular teachers. Parents, teachers and kids who don't fall into lock step with the ruling clique also get the label. But I've seen teachers with such a deep sense of victimhood, anger and paranoia that I have come to the conclusion that schools need to offer more mental health support for teachers.
At issue at Serra High School is a law requiring schools to give equal access to all students regardless of income. It is an important law.
Instead of trying to silence a parent who asked that the law be obeyed, why didn't the athletic director of Serra High School tell cheerleaders that they needed to find a way to obey the law? Perhaps they could campaign for a special cheerleader tax, or for an end to Prop 13, or simply conduct a fundraiser for athletics.
Teachable Moments: Parent to be booted off Serra site council
By Marsha Sutton, SDNN
January 10, 2010
This afternoon it appears that San Diego Unified School District parent Sally Smith will be ousted from her seat on Serra High School’s School Site Council.
Smith, an activist in San Diego Unified, has made a name for herself with her relentless efforts to eliminate parent fees for curricular and extra-curricular activities, including sports and after-school programs. She said student representatives on the Serra site council “are angry with me about the fees issue and how it affects their athletic programs.”
A call for details made last Friday to the school’s principal, Michael Jimenez, was not returned. And the school’s site council Web page, which was active on Friday, was blank by Sunday night.
She said the school’s principal told her the site council students decided on their own to vote her off the site council. The three student representatives include two field hockey/soccer players and a cheerleader, she said.
[Maura Larkins comment: How would the principal know that? Was he listening to all conversations on the matter between the students and adults?]
Smith claims some of the school’s cheerleaders approached her daughter, a student at Serra, and asked her why her mother is “trying to get rid of cheerleading and sports.” Smith said the cheerleaders pay $1,000 each to be on the squad.
She said the students, parents and staff don’t understand the law that prohibits charging families for school activities, based on equity and fairness for low-income children, and that they are trying to “shoot the messenger” instead.
However, the school’s athletic director, Jonn Pisapia, and at least one parent, complained that the real issue is that Smith laughed at a student when the student struggled to express her view that it was unfair to impose fees that would eliminate popular programs.
In an email dated Dec. 7, after last month’s Serra SSC meeting, Pisapia wrote, “I am concerned with the conduct that I witnessed today at the SSC meeting that was held in the media center. Students brought to the table concerns that they had and while doing so one of the students was laughed and snickered at by Mrs. Smith. The student was speaking on something near and dear to her heart. These students are not only speaking for themselves but for many students and are trying to understand the process and the events that are taking place around them...
Serra parent Loraine Gutierrez de Hurtado wrote to SDUSD school board members on Jan. 8, and referred to the incident at the Dec. 7 school site council meeting when she said she “witnessed a student representative on the council, a child, reduced to tears while addressing Ms. Smith and Ms. Smith’s inappropriate response was one of laughter.”
She asked “that Sally Smith be removed from the SSC as a parent representative, that her physical presence be restricted from SHS grounds.”
After Smith notified Jimenez, Serra’s principal, that she wished to videotape the Jan. 11 school site council meeting, she received a note from SDUSD General Counsel Mark Bresee, who wrote, “Please be advised that, in my opinion, you have no right to video and/or audio tape the meeting without the consent of those who are recorded.”...
[Maura Larkins' comment: I feel like crying, not laughing, to know that students are being taught to manipulate the law in order to violate it. I can certainly see that someone might be startled into a laugh of disbelief when a student asks her, "Why are you bringing up this law now?" In my experience, attorney Mike Bresee has previously worked to damage people with subjective allegations while at the same time keeping solid evidence out of the record. He knows very well that you can't stop someone from recording an open meeting of decision-makers at a public entity.]
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