Petition | Create a law that protects children from bullying by teachers | Change.org

Petition | Create a law that protects children from bullying by teachers | Change.org

Dnj - N.J. legislation aims to stop teachers who bully students

Dnj - N.J. legislation aims to stop teachers who bully students

N.J. legislation aims to stop teachers who bully students

Posted 5/18/2012 9:30 AM ET

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By Bob Jordan, The Asbury Park (N.J.) Press

TRENTON, N.J. — Secret school recordings posted on YouTube by a father, with an adult being caught calling the man's 10-year-old autistic son "a bastard," have helped spur an effort to speed the disciplinary process for teachers and other school employees who bully students.

New Jersey GOP Sen. Diane Allen introduced a bill Thursday to expand anti-bullying laws to cover incidents where teachers are the aggressors.

Allen said she was motivated by several recent publicized teacher bullying incidents, including the recordings made by Stuart Chaifetz, who documented what he says was torment of his son for at least six months by public-school special education teachers and support staff at the Horace Mann Elementary School.

"Schools are supposed to be fertile ground where our children can grow into healthy individuals. In those few places where staff members, for whatever reason, treat them with disrespect and disdain, like they did to my son, they can really destroy lives," Chaifetz said at a State House news conference hosted by Allen.

Allen was also joined by 15-year-old Julio Artuz and his parents. Artuz last fall made a cellphone video of an incident where he said was bullied by a Bankbridge Regional School teacher.

Artuz said of the incident, "I really have a hard time talking about it, but I just want this to stop. I don't want anybody else to feel the way it made me feel, the lowest I'd ever felt in my whole life."

Allen said her legislation would speed the disciplinary process for teachers and other school officials, including those with tenure, found to have engaged in bullying, intimidation, or harassment of students.

Under the proposal, reported incidents of bullying by teachers must be investigated by the school's anti-bullying specialist within 10 days.

New Jersey Education Association spokesman Steve Wollmer said Allen's proposal eliminates due process rights, making it unlikely to survive a legal challenge, "because it would allow no more appeals to a neutral third party," he said.

"We all agree bullying is unacceptable by a student or a school employee or anybody and should be dealt with immediately," Wollmer said.

He said the union has proposed that the state could provide better flexibility in disciplinary actions by borrowing from practices in Massachusetts, where action on dismissing a teacher is in the hands of outside employment arbitrators.

"Everyone has a right to due process, but that process must be timely in fairness to both the student and the school employee," Allen said.

Artuz was allegedly bullied by teacher Steve Roth. Administrative Law Judge Jeff Masin said in a new ruling Roth had engaged in "conduct that was intimidating and bullying" but said that removal of his tenure wasn't warranted, ordering instead that Roth should forfeit 120 days pay.

The local school board responded to the ruling Thursday, releasing a statement that it "respectfully disagrees with the recommendation of Judge Masin to permit Steven Roth to retain his job after serving a suspension for the remainder of the school year."

The school board will file exceptions to the judge's decision with state Education Department in a bid to terminate Roth's employment.

When the School Says No, How to Get the Yes!: Securing Special Education Services for Your Child: Vaughn Lauer: 9781849059176: Amazon.com: Books

When the School Says No, How to Get the Yes!: Securing Special Education Services for Your Child: Vaughn Lauer: 9781849059176: Amazon.com: Books

When planning a child's Individualized Education Program (IEP), it is vital that parents and educators are involved in collaborative decision making. This book offers parents of children with autism and other disabilities a unique way of approaching and tackling the problems that can arise relating to the provision of special education services.

Taking a structured, cooperative approach to IEPs, the easily applicable six question process enables parents to determine the needs of their child and obtain the services required by asking key questions during IEP meetings. Explaining the approach through real life scenarios and issues, this book demonstrates how to achieve effective collaboration with school personnel, ensuring the child receives the appropriate and necessary educational program and services.

Providing a practical, structured approach to IEP planning for parents and offering insight into the parental perspective for educators, this book is an invaluable resource for anyone involved in IEP meetings.

Update on Missouri Special Education Hearings

Jeff Grisamore Not: Update on Missouri Special Education Hearings

The following is taken from several articles and websites.  It is all verifiable.  

Prior to returning to the State of Missouri, Chapel worked in Kansas City as a trial lawyer at the Sly James Firm, at Humphrey Farrington and McClain, and with the Missouri Attorney General.

Charnissa Holliday Scott

After serving as a school district administrator for several years, Charnissa Holliday Scott wanted to make a change in her life.

“I've always been interested in law,” Charnissa said. “A friend of mine who was an attorney talked me into taking the LSAT, and I took it. And now I’m here and I'm looking at graduation in May 2011.” (I believe that this friend is Michelle Wimes)

Received a bachelor’s degree from Quincy University in Quincy, Ill. and a master’s degree in Education and an Education Specialist degree in Superintendent Administration from Avila University.

http://www.theolathenews.com/2013/07/03/1995641/broke-kc-charter-school-leaves.html

Broke KC charter school leaves teachers without final paycheck

By MARÁ ROSE WILLIAMS

The Kansas City Star

Teachers at the recently shuttered Derrick Thomas Academy charter school haven’t been paid, and no one seems to know when — or if — they ever will be.

“There are limited, if any, options that Derrick Thomas Academy has to help the teachers,” said James Tippin, a lawyer representing the school. “Believe me, no one on the Derrick Thomas board of directors is happy about this.”

Chapel and one of the attorneys at James Tippin Law, Dana Cutler, worked at the Sly James law firm.

Dana Cutler works at the Tippen Law Firm and is listed as contractor contact person for the contract with DESE.

Featured speaker will be Charnissa Holliday-Scott, a law student at the University of Missouri-Kansas City School of Law who previously worked as a core data specialist, interim director of exceptional education and compliance officer in urban and suburban school districts.

SHB Sponsors Jackson County Bar Association’s Foundation Scholarship Banquet By Willie Epps, Partner, SHB Kansas City On September 11, 2010, the Jackson County Bar Association and JCBA Foundation hosted the 13th Annual Kit Carson Roque, Jr. Scholarship Banquet at the Kansas City Marriott Country Club Plaza. This annual banquet celebrates the life and legacy of the late Judge Roque and promotes diversity in the profession by providing scholarships to deserving minority law students.

This year, the JCBA Foundation solicited scholarship applications from the four law schools around Kansas City: UMKC, MU, KU, and Washburn. The scholarship selection panel included SHB Partner Jon R. Gray (retired judge), SHB alumna Judge Lisa White Hardwick, and Judge Brian C. Wimes. Scholarships were awarded to Sophia Washington of UMKC Law School, Camille Roe of MU Law School, and Charnissa Holliday-Scott of UMKC Law School. SHB Partner Mischa Buford Epps serves as president of the JCBA Foundation, which has awarded 30 scholarships since 1998.

 The Individual Disabilities Education Act (IDEA) was re-authorized this year effective July 1, 2005. Under the guidance of legal assistance provided by Attorneys Kathy Walter-Mack and Michelle Wimes, the information found in this manual contains legal references that are current and aligned with the changes that the new IDEA mandates. This Process Manual is also in alignment with the State Plan for Missouri as it becomes finalized according to the federal guidelines.  (FROM KCMO school district handbook)

Michelle Wimes worked as an attorney for KCMO school district. Charnissa Holiday-Scott was an employee at KCMO school district. Judge Wimes was on the panel for the scholarship that Holiday-Scott won. Holiday-Scott works for the law firm that has the contract with DESE.

Missouri Special Education Hearings

I received this from an attorney that represents families in Special Education lawsuits and due process.

I wanted to update all of you on some information I learned.  It appears that on December 12, 2012, DESE entered into a contract with the Tippin Law Firm to provide services for the Administrative Hearing Commission related to special education administrative hearings in Missouri.  A key person who is providing these services was previously a special education administrator for the Kansas City Missouri Public School District; the law firm has also recently represented at least one charter school.  The special education administrator appears to have been directed toward law school by a school district attorney.  The school district attorney’s husband (a judge) appears to have delivered funds to the special education administrator to assist with paying for law school.  I have also been provided information that Commissioner Nimrod Chapel has strong relationships with this law firm, such as previously working in a law office with one or more partners of the firm. 

Since this contract was entered into, and in comparison to the situation before HB595 was passed, DESE (and in particular Cynthia Quetsch) appears to now be exerting the same if not more, control over these hearings.  In my opinion the interests of DESE are in direct conflict with what the interests of the Administrative Hearing Commission should be, and the interests of DESE in special education matters is only to protect school districts from liability.   Any contracting should be solely between the AHC and a contractor, and DESE should not have any involvement (other than forwarding funds).  Persons previously employed by school districts as administrators should not be permitted to serve as a Commissioner, and the same conflict rules applicable to Commissioners should apply to contractors.  I am very concerned and hope someone will address the situation.  Feel free to pass this on to anyone who you think may be able to help or who may have interest.  Particular contract provisions that I also believe create a huge conflict of interest are as follows: 

I continue to believe that the State should have an audit conducted by unbiased persons (or biased persons on both sides), into DESE’s handling of special education matters in Missouri.  I do not intend to be involved in any more special education administrative hearings in Missouri unless and until changes are made. 

Most bills set to become law August 28 - My North West Missouri News: Opinion

Most bills set to become law August 28 - My North West Missouri News: Opinion

Bryce’s Law (SB 17)

Another bill that will become law will help provide new resources to assist families with children with special needs such as autism. The legislation, also known as Bryce’s Law, requires the state education department to seek financial resources in the form of grants and donations that may be devoted to scholarship funds or clinical trials for these children. The bill also tasks the department with developing a master list of resources available to the parents of children with autism spectrum disorders.

The goal with the bill is to help families and children enjoy a higher quality of life and to obtain the educational experience they need and deserve. By making new and existing resources easier for families to access, we believe we can better meet the educational needs of the thousands of children in Missouri with autism spectrum disorders.

Bullying of disabled students can violate federal school law, U.S. Department of Education says | MLive.com

Bullying of disabled students can violate federal school law, U.S. Department of Education says | MLive.com

LANSING -- Federal education officials issued a letter Tuesday clarifying the responsibility of schools to prevent bullying of students with disabilities, saying that attacks could violate the federal guarantee of a free appropriate public education if they interfere with educational benefits.

The issue of children with disabilities being bullied has come to the forefront in Michigan recently after the parents of a Livonia Public Schools student filed a federal lawsuitalleging the students and staff of his elementary school are violating the Americans with Disabilities Act by allowing the child to be bullied over his peanut allergy.

"[B]ullying of a student with a disability that results in the student not receiving meaningful educational benefit constitutes a denial of a free appropriate public education under the Individuals with Disabilities Education Act that must be remedied," the letter states.

The letter includes suggestions of best practices for school districts to address bullying, including parent notification, training for school staff and tracking bullying incidents throughout the school year.

The U.S. Department of Health and Human Services also has a public awareness campaign to reduce bullying in schools, and has scheduled a Twitter chat on back-to-school bullying prevention for Aug. 29.

Michigan state law requires school districts to have an anti-bullying policy in place, and the Michigan Department of Education provides a model policy that school districts can adopt.

Brian Smith is the statewide education and courts reporter for MLive. Email him atbsmith11@mlive.com or follow him on Twitter or Facebook.