One of the hallmarks of our democracy is the ability to honor election results.
That basic principle of democracy was recently violated by Poway Unified School District in a government-mandated election for school site council. Parent Chris Garnier won, but Principal Mary Jo Thomas arbitrarily overturned the election results and held a new election with new rules.
Chris Garnier
In the Chris Garnier case, the Principal Mary Jo Thomas had decided against hiring Mr. Garnier as a lunch supervisor at Painted Rock Elementary. That decision was perfectly defensible, but the principal went too far when she overturned Mr. Garnier's election to site council.
When Ms. Thomas wants to change the rules of an election, she needs to make sure the proper steps are followed, and that the changes are made BEFORE THE ELECTION IS HELD. If she wants to overturn the results of an election that has already taken place, she needs to ask the site council to do a thorough, transparent investigation and then take a vote. A school site council is answerable to the public. It's not a private, members-only, club.
Although the mayor-elect in Kinloch, Missouri is African-American, race is not the issue in Kinloch since her opponent, Darren Small, is also black.
However, the situation in Poway is more worrisome in regard to the race issue. Chris Garnier is an African-American in an overwhelmingly white, conservative area.
In the movie ELECTION a poster turns up missing from a school hallway, triggering angry recriminations. In Poway Unified, a principal overturned a school site council election because a candidate passed out donuts. (Interestingly, nobody in the movie thought it was a problem when Tracy Flick provided cupcakes to voters.)
Of course, I don't think that many people actually believe that the Poway situation is really about donuts.
This post is mainly about schools trying to get rid of parents who raise their voices at school. But I was struck with the irony of another story in the news at this time: about a teacher who allegedly "yelled" at students. The school didn't try to get rid of the teacher, but the students did. See last story below.
It's too bad that so many adults in schools rely on their raw power rather than on professionalism. They need to stop acting like very bad children.
UPDATE SAT. JAN. 10, 2015 Court issues tentative ruling upholding restraining order against parent. Hearing will continue in the coming week.
A
Superior Court judge in San Diego sided with the Poway Unified School
District on Friday in part of its lawsuit against a volunteer parent,
finding the man's remarks about school officials aren't protected by the
First Amendment.
Poway
Unified wants to block the parent, Chris Garnier, from volunteering at
Painted Rock Elementary School where his children attend classes.
In
October, the district obtained a temporary restraining order against
Garnier and filed a "strategic lawsuit against public participation" -
or SLAPP action - seeking to keep him from lambasting school officials.
Garnier filed an anti-SLAPP motion, arguing the district was trying to
violate his right to free speech.
San Diego Superior Court Judge Tamila E. Ipema rejected that claim Friday, attorneys for both sides said.
"I'm
flabbergasted," said Genevieve Suzuki, the lawyer representing Garnier.
"The decision is a real concern facing any parent who has harsh or
critical words to say about the school administration. If you speak
loudly or say things that they don't find palatable, they could seek a
restraining order against you."
A
two-day hearing will be held Jan. 15 and Jan. 20 on the second part of
the case - whether to make the restraining order permanent.
A
permanent order, said Suzuki and Poway Unified attorney William
Shinoff, would prohibit the 36-year old Garnier from coming to the
campus for any reason..
Here is my comment:
Maura Larkins
Well,
emotions are certainly at peak level in Poway Unified--or at least I
hope this is the peak. I trust that things will start cooling down from
now on. I want to believe that Bill Wisniewski didn't really mean what
he said in his comment, "YOU ARE NOT READY FOR POLITICS AND I BELIEVE
THAT MOST OF US PTSD MARINE COMBAT VETS SHOULD NOT ENGAGE IN POLITICAL
ACTIVITY."
Seriously, Bill?
I could understand if you
argued that three tours in Afghanistan is not the best training for
lunch duty at an elementary school, but you are demanding, in capital
letters, that a returning veteran stay out of politics!!!!
And you are claiming that Mr. Garnier has "severe PTSD"! Severe? When
he has a successful marriage and is working on an advanced degree in
education, dresses well and is highly articulate? I think you're
getting Chris mixed up with guys who are more severely damaged by war.
Senator John McCain, a former POW in Vietnam, is known for flying off
the handle. Do you think he should stay out of politics? Should the
government overturn his election?
I don't believe that the
principal's decision to pass over Mr. Garnier for the lunch duty
position was based on racism, but I am not so sure that racism didn't
play a role in overturning his election to site council, and in seeking a
restraining order against him.
I am concerned about what the superintendent and board of Poway Unified are teaching students about how our democracy works.
HEY
CHRIS . SEMPER FI. CHRIS PLEASE BELIEVE ME THAT YOU SUFFER FROM
SEVERE PTSD. I AM ONE OF THE VIET NAM PTSD POSTER BOYS. I WAS A POMONA
HIPPY DRAFTED INTO USMC DURING THE BATTLE OF HUE AND DEPLOYED TO
FOXTROT RIDGE IN LATE 68. WITH ALL DUE RESPECT CHRIS, YOU ARE NOT READY
FOR POLITICS AND I BELIEVE THAT MOST OF US PTSD MARINE COMBAT VETS
SHOULD NOT ENGAGE IN POLITICAL ACTIVITY UNLESS IT IS PURELY DEFENSIVE.
BUT WE ALL KNOW THAT ONCE WE ENGAGE ... WELL YOU KNOW THE REST. THE
OTHER THING CHRIS IS THAT THE SPIRIT CORPS THINKS YOU ARE SKATING ON
THIN ICE RE. KEEPING OUR HONOR CLEAN. ("12 CONFIRMED KILLS")
UPDATE: Poway Unified might want to consider the case of a Vermont parent who
was awarded $147,000 when a school district barred him from meetings,
claiming that some staff members were afraid of him. My guess is that
they were afraid of what he would say, not what he would do. See second
story below. ORIGINAL POST
In the school where I worked in
Chula Vista, the administration used many tricks to control who was on
the site council--including appointing members rather than electing
them. Also, administrators in my district made false and bizarre
allegations. It's rather remarkable that schools so often simply ignore
the education code and other laws.
My inclination is to believe that Poway Unified is simply bullying the parent in the following story.
POWAY
— The Poway Unified School District has filed a lawsuit against a
Painted Rock Elementary School parent, seeking to block him from
volunteering at the campus and making remarks about school officials.
The
action - called a "strategic lawsuit against public participation," or
SLAPP - is unusual, officials acknowledge. The defendant, Chris Garnier,
says it's rooted in racism and violates his right to free speech.
In
court filings, the district says Garnier, a former Marine and wounded
war veteran, has made verbal threats against school employees, including
Principal Mary Jo Thomas, and has exhibited menacing behavior, such as
pounding on car windows to get the attention of other parents, and
disrupting a Sept. 23 community forum at Rancho Bernardo High School.
Garnier,
36, denies threatening anyone and says the mostly white district is
trying to ban him from the school because he is an African-American and
has criticized decisions made by Thomas. He said he volunteered at the
campus for two years without problems until she arrived.
"I just want our family to be treated like everyone else, not like second-class citizens," said Garnier.
Part
of his dispute with the district centers around his election in October
to Painted Rock's school site council, a parent-teacher group that
helps make decisions about campus programs and spending.
The
principal overturned the election, citing technical difficulties,
according to court documents. A second election was held in which
parents had to show a photo ID when they cast their ballots. Garnier
didn't win...
"I
have not done any of this stuff -absolutely not," he said. "If I had
done this, the police would have come to my house and arrested me."...
Garnier's defense attorney, Genevieve Suzuki, characterized the use of
the photo ID in the second election as akin to unfair requirements that
led to the Voting Rights Act of 1964, a civil rights law that outlawed
discrimination based on race, color, religion, sex or national origin...
Vermont school district that barred parent to pay $147,500
Jan. 6, 2015
BENSON,
Vt. (AP) — A Vermont school district that barred a parent from meetings
because some staff members were afraid of him has agreed to pay
$147,500.
Attorneys
negotiated the settlement between the Addison Rutland Supervisory Union
and Marcel Cyr after a federal judge ruled Cyr had been discriminated
against. Cyr had been critical of the education provided his child at
the Benson Village School.
"We're
talking about a guy who was worried about his kid's education and was
trying to bring attention to what he thought the problems were and he
was told he couldn't come to the meetings," said Allen Gilbert of the
Vermont Chapter of the American Civil Liberties Union. "Basic rights
were taken away. Schools need really good reasons to serve no-trespass
orders. This case is a win for everyone who cares for education,
democracy and how public policy is done."
No-trespass
orders were served against Cyr in September 2011 and March 2012 after
school officials said they feared for their safety, in part because of
Cyr's loud voice and sometimes harsh comments about the education his
son was receiving.
Cyr's family had lived in Benson, but they have since moved elsewhere.
Superintendent
Ron Ryan tells the Rutland Herald (http://bit.ly/13WimHN ) that he
would rather lose a lawsuit than risk the safety of teachers, school
staff, students and parents.
"From
this point forward, I guess if we suspect someone is being unruly,
we'll hire a law enforcement officer to stand guard," he said. "It could
be expensive, but that's what we have to do."
Maura Larkins' comment: Are there enough adults in schools who solve problems by talking and listening? Who will teach these girls a better way to solve problems? Let's hope they don't grow up to be mean teachers who lash out at children and adults who don't behave exactly as demanded!
Three fourth-grade elementary school
girls from Elba, New York, have been accused of plotting to kill their
teacher with hand sanitizer.
The students allegedly plotted to put the substance on items
they knew their teacher would touch after they learned that she was severely allergic to antibacterial sanitizer. The girls reportedly told their classmates that they were going to "kill" their teacher.
Asked why they wanted to harm their teacher, the students
reportedly told youth officers from Genesee County Sheriff's Department
that the teacher "yells" at the students and that "the class has
problems with her."
The children were unable to carry out their attack on their
teacher after another student not directly involved in the scheme
reported it to his mother.
While the girls won't face any legal repercussions for their
plan, they were reportedly suspended, and the Sheriff's Department
handed the case over to the Elba Central School District.
Although the district could not provide details on the plot
because of the Family Educational Rights and Privacy Act, it did confirm
reports of the planned attack and said that "it is important to note
that no one was injured or actually placed in harm's way."
"The District does not condone any of the behaviors that have
been reported and is in the process of working alongside the Sheriff's
Department to use this incident as a vehicle for educating the
District's students regarding appropriate behaviors," said a statement..
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.
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.
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...
