Thursday, January 31, 2008

City of North Tonawanda School District Files Second Charge of Educational Neglect to NYS Office of Children & Family Services

The Standards: Laws of the State of New York Article 6, Section 424(7). Parental Rights to the Care, Education and Upbringing of Their Child(ren), New York State Regents Student Bill of Rights, City of North Tonawanda School District Policy and Procedure (2005-2006), New York State Penal Code 240.50.

The Truths
: In November 2005 North Tonawanda High School Principal James V. Fisher filed a false report of Educational Neglect against me when I refused to return Michael to school until Administration performed a complete investigation into the written death threat Michael discovered in his NTHS Day planner and directed toward his sexual orientation and gender expression. Principal Fisher's solution to the death threat against Michael included issuing a directive to Michael's Grade 9 teachers to refuse all requests made by me for class/homework assignments and file a false report to New York State Office of Family and Children Services, Niagara County Department of Social Services division for educational neglect after further and admittingly in SWORN Affidavit of a lengthy conversation with my son's father one week previous to filing the false report claiming "role of father unknown", and holding knowledge of the reasons for Michael's absence from school, as well as the fact that I followed City of North Tonawanda School District Policy and Procedure (which must conform to New York State Commissioner's Rules and Regulations) in the reporting of Michael's absence from school. Principal Fisher's report of educational neglect was determined within sixty days to be "unfounded". In other words, Principal Fisher could provide no credible evidence that I was neglecting Michael educationally, or that Michael was truant or unlawfully detained from attending school.

Nevertheless, Principal Fisher over the course of a thirty-five day period continued to refuse my requests for access to coursework for Michael and Michael ultimately was failed to repeat Grade 9 as a result of this action. A 310 Appeal, including a Request for Stay, to Commissioner of Education Mills to grant Michael his legal right to complete coursework and take exams was denied. Further efforts by me to file criminal charges against Principal Fisher for willfully and intentionally filing a false report with New York State Office of Family and Children Services have been prevented by City of North Tonawanda Police Department and former Niagara County District Attorney, Matthew J. Murphy, III.

In this most recent charge allegedly filed by another City of North Tonawanda School District employee in November 2006, charging me with educational neglect and inadequate guardianship, I was able to reverse the charge of inadequate guardianship finding prior to discovering that New York State Office of Family and Children Services had exceeded New York State statute of limitations and in fact has no standing in law to proceed with the Hearing scheduled for this Friday, February 1 at 12 Noon, in Niagara Falls, New York before Administrative Law Judge Jean Greinert for the reason that the Laws of the State of New York Article 6, Section 424(7) states that within sixty days the report is to be "indicated" or "unfounded". Niagara County Department of Social Services caseworker, Robin Stroud, did not "indicate" the report of educational neglect until May 8, 2007, nearly six months after the initial report made by City of North Tonawanda School District personnel.

These recent charges are another attempt by City of North Tonawanda School District to cover-up mal-administrative, negligent and fraudulent responses of Principal James V. Fisher to his responses to the death threat against Michael, complete disregard for parental rights, and complete disregard for medical professionals who have not released Michael for regular attendance to school, as well as to cover-up the mal-administrative, negligent and fraudulent responses of New York State Commissioner of Education Mills, who himself repeatedly failed to execute the duties and responsibilities of his office to protect Michael's rights in education and Michael's right to a safe environment in which to learn.

The school district's continued filing of false charges against me and cover-up for City of North Tonawanda School District personnel by numerous state agencies and individuals remains un-redressed as I continue pro se on these matters.

2 comments:

SM Kovalinsky said...

Excellently written. Your long ordeal should end in justice served, and not more cover-ups and untruths!

fan of Gaia said...

It boggles the mind, how some people are so obsessed with sex and sexual orientation that they cannot provide education and safety to the minority and by doing so give tacit approval to bullying and exclusion. It must be so hard to see your family treated so unfairly by the unthinking in power.