Thursday, May 31, 2018

A General Open Letter Regarding Our Schools


Final Incident That Lead to Higher Level of Action

To my horror, this happened to me on Friday.  I was in the Cafeteria at Zebulon Middle School in Zebulon North Carolina in an Official Capacity as a WATCH DOG [http://dadsofgreatstudents.com/index.php/default/], and, I witnessed some very horrible things.  A group of about five boys, joined by a group of about 3 girls, were acting out.  The boys were directly in front of me two tables away about.  The girls over to my left two tables away.  One youth was throwing things, and making inappropriate physical contact with over five students (hitting, touching, and inviting to fight) engaging in horse play.  One student in response was using cleaning products as a defense and spraying it on multiple students.  One student (APE/MONKEY MAN, BECAUSE HE HAD WHAT LOOKED LIKE AN APE OR A MONKEY ON A NECKLACE AROUND HIS NECK) made what looked to be two drug transactions in front of me (by placing baggies in his left hand and passing them off to the other males present). 

A teacher, Mr. O, did on multiple occasions approach the students and ask that they cease and desist.  I did talk with Mr. O and made inquiry as to if he knew all the names of the students involved; and, he said he knew all the students, and, I stated I was going to write up all the activities I witnessed.  The youth treated him very disrespectfully with disdain.  That included talking back and yelling proclamations that they were doing nothing, and they refused to follow his orders. 

One reporter stated, “this is a good day”.  One reporter stated “you should have been here early when they had to chase one student out of the cafeteria”.  Another reporter verified the “chasing incident” and stated the very same person selling drugs was the one that was chased and jumped a five foot fence, and once off grounds “they could not do anything”.

Incident date was April 27th, 2018, while on duty between 12:50 PM and 1:30 PM in Cafeteria

Within 20 minutes of the end of the lunchroom period, I reported the matter during a meeting with Principal CJ and Assistant Principal N L. The expectation was an immediate response to include law enforcement notification.  Within 10 minutes of the meeting with them, they had an official written reported that was submitted with the same content of what was verbally expressed with them. 

The reason for this being taken to a higher level is because they did not even take immediate action.  Mrs. C said, “it is Mr. O duty to write it up ……….. and we will wait for his report”.  Basically indicating a report from an eye witness in an official capacity DOES NOT MEAN ANYTHING EVEN IF IT INCLUDES BEING A WITNESS TO CRIMINAL ACTIVITIES ON SCHOOL GROUNDS.  This evidences a nonchalant attitude towards WCPSS policy on drugs and student discipline.  The school is routinely creating or allowing to be created a hostile work environment and dangerous environment for the children entrusted in its care. 

After the meeting and report submission, I waited in the hallway outside of the main office to see if the school would summon law enforcement (I did not see a SRO on duty that day).  No action was taken at all.  Because no action was taken, I drove to ZPD and filed a police report.  Noting a very bad fact that the same individual selling was seen during school time at 97 and N.Gil Street a few blocks from the school. 


Culmination of Identified Issues Over the Past Two and a Half Years at ZMS


During the shift on that day, again, I witnessed “too many students in the hallways” that did not have school passes visible during classroom time.  Security is an issue because the school is too porous.  The culmination of all my shift has lead me to identify and verify the following issues:

1.       The school needs to secure its doors.  Students/people are entering and leaving the school grounds through multiple locations because the school doors and facilities are not secure.  I cannot tell you how many times while making my rounds that I had to close doors to the outside because they were left “slightly open” for individual to include students to come and go as they please. 

2.       Hot spots for fighting were identified:  For example, the area outside of the media center is the frequent “fight spot”, and, during lunch hours, lack of supervision and allowing the kids to “run and horseplay in the hallways” leads to fights and injuries.  Seventh grade building was noted for the amount of kids in the hallways during class time, way after the time classes begin.

3.       It is scary, but, classes are so chaotic, at one time, during test proctoring, the youth had problems taking their test because of the noise in the hallways and from other classes.  Also, while making rounds, at times the noise level and activity level in certain classes was so “off the wall” a reasonable person could come to the conclusion “no instructional material was being presented” because, it was playtime.  For example, on one occasion, a student was outside of a classroom with a pass, I declined to ask the student to return to class, he just standing outside of the door to his class, because, the noise level and activity level heard just outside the door coming from within classroom led me to believe he was “safer in the hallway”.  Teachers routinely have their door glass covered up, and, all you hear is chaos coming from inside classrooms when making rounds.  I have witnessed, it was heartbreaking, one teacher being openly disrespected in the classroom.  Students were talking back to her.  They were out of their seats.  They were throwing things around.  She was helpless. 

4.       Repeatedly, I insisted some teacher need support, because, I witnessed and received reports of chaos in the classrooms, and, the administration has been unresponsive.  The last incident is the perfect example of the administration not supporting its teacher.  Mr. O was treated with the highest level of disrespect by students I have seen.  The students did not even “bat an eye” knowing adults were directly observing that delinquent behavior.  They just “kept on doing it” and, the administration, when presented with the issues, failed to take immediate response, and immediate response was required.  I mean really, a reporter comes to you and tells you “I think I just witness drug sales, in broad daylight, in an open and filled room, on campus, in the cafeteria” and, “a teacher was disrespected” and nothing done. HuM.  [Sociopathic behavior witnessed, a teaching moment.]

5.       False Reporting:  Under the auspices of Dr. Snith, these very same issues were raised.  Based on collateral contacts, interviews, and reports, things have gotten worse.  The reports from Dr. Smith were the cited conditions were not present on campus.  Direct observations and collateral reports prove otherwise.  I made multiple reports and visits to the school.  I have seen the conditions myself.  The existence of those conditions were denied by school administration.  They exist and have worsen.  Bottom line, you cannot get help for conditions if you report they “do not exist” (and student cannot learn and will fail the EOGS).  For example:
a.        The school needs heightened security measure; doors with electronic exit alarms.  You cannot get this if you report no one can come on campus or leave without us knowing.  That is not the cases.  Criminal trespassing is happening on the regular along with truancy.
b.      No support staff is ever going to come [and I recommended such for certain teachers to administration] if you say, “we do not have a problem”.  Some of the teachers are “struggling” and need help, and, I reported such to the administration, repeatedly. 
c.       Multiple facilities issues were addressed through my reports and taking issues outside of school administration.  For example, for over nine years they dealt with toxic odors and fumes in multiple buildings.  Not just student were getting sick and adversely affected, staff was too and many times they were reporting the issues for “over nine years”.  The school grounds and facilities need maintenance.  One recent example is within the past three weeks, thereabouts, I went to the school to bring my daughter allergy medication, while they, a report was received by front desk staff, from a teacher in a classroom, citing being “over run by ants”; and, custodial staff was alerted and responded by saying “I have no spray …….. I have to go out and buy some”.  This is either negligence and/or insufficiency in budget.  Either way it should not be happening because “it is the season for bugs” and you should have already sprayed and been prepared.  No excuse.
d.      HVAC’s that do not work; poor quality of air; poor water quality; leaking roofs, etc.  Adverse school and work environments here and that was reported. 
e.      The school is not partnering with Local PD to make sure its facilities are safe.  You cannot say “we cannot do anything” because he ran off school “property”; no sir, you partner with the local policy and you have the sheriff department, you “can do something”.
f.        I cannot tell you how many fights I stopped while on campus and very rarely saw the SRO patrolling or doing rounds.  Most time they are in the office doing some sort of computer work.  Partner and say something and do something.

I took on an assist role.  Meaning for the most part, I tried to work with the administration to resolve issues.  But, when I am “blown off” and told “my reports mean nothing” in essence, then, I will stop reporting and working with you, and just “submit” things on a higher level.  This is a notice now of Intent to Bring these matter to the court.

Instruction time is not happening properly due to poor school administration and responses.  One last example is for the past two and a half years, I have been dealing with a disruptive student that harasses and bullies my daughter.  And, the administration took no response to end the issue.  That shows a none adherence and application of WCPSS BED and Discipline Policy and Policy against bullying. 


What I am asking is for you all to pull the reports submitted.  Pull all the emails sent to the school and district offices, and, make an analysis and recommendation.  I believe AP N. L needs to be fired because he has been consistently making adverse comments and taking adverse actions towards me, and that would be shown through communications and reports “and failure to respond to reports”.  Also, you may want to consider a professional “training” opportunity on policy for Mrs. J.  I would suggest and request “immediate” attention to this matter and “immediate partnership” with local PD to secure the grounds.  Mr. L cannot be the SRO, and the last three visits to the school, I believe, I have not even seen the SRO.  That is not a substitute and it cannot be a “one man show”. 

This are at minimum two additional parts to this letter that will be sent separately due the nature and confidentiality issues.  Please expect to be in receipt of such shortly. 



Part 2, Thursday, May 31, 2018

LEP/SLD/EBD Aspects

It was about two years ago, under the auspices of Dr. S, at Zebulon GT Magnet Middle School (ZMS), in Zebulon, NC, wherein the issue at that school was initially raised.  What issue?  The lack of engagement and outreach to Hispanic Students, Community Leaders, and Parents.  What does that mean?  Openly being targeted during a PTA meeting by Dr. S wherein her racial prejudices culminated in a comment that “We do not need an Hispanic Parent Liaison.”; and, I was the only Hispanic Person in the running identified for the position.  That was after attempts at engaging her in dialogue about having weekly notices and emails translated into Spanish.  This was an open and deliberate attack, and I am not sure if President Trump would have done these things that he would have “gotten away with it” without a public display of reprimand and dismay.

It was heartbreaking to watch a student, that just arrived in this county, the second day in school, and seemingly never exposed to a computer, and, only able to speak in Spanish, to be forced to take a computer test, entirely in English, and that person did not even know how to use the computer.  And, I cite also previous conditions cited in all other communications with the school, district, board, and State of North Carolina.  0

With the appointment of a new principal to the position at ZMS, I immediately met with her, and articulated the same concern about notices, the lack of engagement of the Hispanic Community, and the disservice to the Hispanic Community.  The response was not an “in your face” denial of the need, but rather, “Thank you for you comment …… I will work on that”; and, but, the end result was nothing was done at the end of the year (12 months later). 

Aside from government agents and actors on the North Carolina State level, this prejudicial/racial attitude is also present on the local levels, in the schools.  And, the issue was raised repeatedly over the course of over 2 ½ years, and nothing was done, specifically at ZMS. 

The need echoed was for more Hispanic Workers in WCPSS.  However, the policy implementation is consistently and openly characterized by inaction; let prejudice and racism towards Hispanics prevail.  So, WCPSS says we “lack Hispanic AP’s and teachers”, but, when a Hispanic qualified individual applies for those types of positions, you quickly hire the Caucasian or Black person, for, for example, an ESL position, although they do not speak a lick of Spanish, and a more qualified Hispanic applied for the position.  Hiring a teacher is different from Hiring Support Staff to provide translational services and support for Hispanic Students, Parents, and Community Members. 

Hispanics and Minority Students tend to need SLD, LEP, and EBD services; but, on the State Level, Published Criteria for eligibility determinations in 2006, are not abided by or incorporated in State Level NC DPI policy; and that translates to on the local levels these students determined as ineligible, often at times due to RTI, and services for them being denied; and, more importantly, the prejudicial/racial attitudes are upheld on the local level by similarly minded individuals, and/or by misrepresentations from Central Offices.  The State says in 2020 they will begin using published eligibility criteria of IDEA (since 2006) that has been in use in other jurisdictions and states.  That is openly being racially and ethnically prejudice.  

What does that translate to?  At ZMS, EBD students that should not be in the classroom, are found in the classroom.  That results in teachers instead of spending 80 to 95 percent of their time in Instruction, to spending 20 percent of their time in instruction, with the rest of the time being trying to manage classrooms “out of control”.  That is a breach of contract for teachers.  That is SLD students not receiving support services.  That is resulting in continued low EOG scores.  That results in students and teachers being put at risk and subject to bullying, harassment, and other unlawful acts, etc.  Repeated reports during meetings, repeated WATCH DOG complaints, repeated Board and State Level Complaint resulted in inaction 75% of the time.  The youth are not animal, they are people, and they need higher levels of support, support the federal government pays for through block grants, but are only provided in affluent neighborhoods.  

It is hard to be a part of the School Improvement Team (SIT) for about one year, and, one or more teachers at the beginning highlighted the “out of control” classrooms as a main problem; to, at the end of the year, “all of the teachers” articulating out of control classrooms, inconsistent discipline and standards, and violations of state regulations, and “unresponsiveness” on the part of the school administration,etc.  The end result, three years of a school “out of control” where a child died.  And, the Board, the State, the District, and the administrators and teacher were all engaged in trying to correct the problem, by me, and not much was done. 

That is the blatant receiving of federal funds to provide services and “educating our children” and not doing that and not providing the SLD, EBD, and LEP services, etc.  ZMS is in such a state of disrepair.  Hum, obtaining property under false pretenses, Fraud?

Another similar example is Carver Elementary School (CES) in Wendell North Carolina, again, three years worth of the offer to help facilitate communication and engagement of Hispanic Parents and Students went unanswered.  The difference is this school is well endowed in terms of facility and school resources.  Again, for example, one student went over five years of the lack of SLD services due to the “Policies” published on the state level that are inherently designed to thwart the number of students being diagnosed and receiving necessary SLD, LEP, and EBD services, etc., under IDEA And the ADA.  The offer was made over three years ago to “help Hispanics” and that offer, until the end of this year was rejected.  Again, at the local levels, CES and ZMS can continue and perpetuate the same racial and prejudicial attitudes articulated on the State Levels.  No notices in Spanish, but a sign, if you need translation, call this number.  Active efforts are different from deliberate inaction.  You did not hire a Hispanic AP there either. 

These issues involve criminal negligence[1] like that alleged in 10 DHR 4241, and/or at minimum the tort of negligence, with the board, state director of public instruction, the state policy officer, school administers, and district leaders that would be names as defendants.  If your negligent acts, that continued unresponsiveness, caused or allowed to be caused, bullying, harassment, the deprivation of an ADA reasonable accommodation to a person with PTSD, assaults, and batteries, and adverse work environments, then you “need to be held accountable”, as one person said during one of the resulting meetings, that works for WCPSS.  Negligence that spans about three years at ZMS, and about 5 years at CES.  It is horrific when you place new teachers in environments where they are themselves harassed, assaulted, hit, etc.; and then are targeted by the administration if they decide to report anything.  And, as a reporter, when I have to recommend an “ANNYMOUS BOX” for reporting due to targeting and retribution by WCPSS administrators.  One child about three weeks ago, at ZMS ended up with a black eye, scratched up face, because of the “chaos” in the classroom environment and youth feeling “confident” they will get away with it.  As cited in the SIT meeting, it is unequal application of policy and discipline, and the youth, as well as the students know it.

That is aside from SRO inattentiveness.  Imagine how I felt when I read a parent letter and it described how a SRO heard the parent report a “death threat” and the response “alleged” was “if I investigate every death threat ……. I would never get my job done”.  Really, “they are just kids”;  I think not, they are kids killing kids and each threat needs to be investigated not dismissed because it was an Hispanic Parent.  A report they daughter was just about raped and is scared to go to the bathroom, a bathroom where other students were caught in sexual acts, as in having sure enough sex; and the administration is reported to have done nothing, and SRO dismissed it all.  And, when I made rounds at ZMS, I stopped more fight by just making rounds, moreso than then SRO. Something seriously is wrong. 

It is heart breaking to see teachers teach in dilapidated buildings, doors open in every building to allow trespassers openly. And, I did not know of the severity of the problems, although teachers told me for more than two years, until I saw and reported it for myself; and, yet and still district leaders felt confident enough to be as unresponsive and inattentive as school administrators.  They never revisited the facilities to my knowledge to follow up once Dr. Smith was gone at ZMS. 

From my professional opinion, I believe it was and is an adverse work environment, as even the teachers clearly articulated during the last SIT meeting, at ZMS.  From my professional opinion, it is open racism and prejudice, spanning more than five years due to outdated policies and procedures and concurrently lack of professional support for the teachers, students, parents, community members, and staff at ZMS and CES. 

This is a general plea to agency officials aside from the school system to do something.  Assaults and batteries, the denial of services, at this level for me seems criminal, not just tort actions.  In the words of that employee, “they have to be held accountable”. 

I sincerely hope that if principal C J “writes up teachers” for needing “professional development” that it be overruled given unresponsiveness on so many levels of those over teachers whom had the power and ability to change conditions at ZMS.  As for CES, State Level personnel need to be held accountable for willfully not implements many aspects of IDEA and the ADA and having children go for more than five years without services. 


This is the part two, but videos may follow. 


[1] Criminal negligence (sometimes called culpable negligence) means recklessness or carelessness that shows a thoughtless disregard of consequences or a heedless indifference to the safety and rights of others. State v. Jones, 353 N.C. 159 (2000); State v. Early, 232 N.C. 717, 720 (1950). The showing required to establish criminal negligence is less than the level of recklessness required to show malice for purposes of second-degree murder. State v. Mack, ___ N.C. App. ___, 697 S.E.2d 490, 494 (2010) (comparing culpable negligence to malice and concluding that for purposes of second-degree murder, the conduct must be done recklessly or wantonly as to manifest depravity of mind and disregard of human life). It is, however, more than the deviation from reasonable conduct required for civil tort liability. State v. Everhart, 291 N.C. 700, 702 (1977); State v. McAdams, 51 N.C. App. 140 (1981). https://nccriminallaw.sog.unc.edu/criminal-negligence/

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