New York State Standards and Truths of Equality

Stopping the bully: NY schools ramping up education for staff | Press & Sun-Bulletin | pressconnects.com

2012-01-25T21:58:00.000-05:00

Stopping the bully: Schools ramping up education for staff | Press & Sun-Bulletin | pressconnects.com

Is My Child Being Bullied?

2012-01-18T18:39:00.000-05:00

Mary L. Pulido, Ph.D. Executive Director, The New York Society for the Prevention of Cruelty to Children, provides action steps and resources for parents who fear their child may be a victim of bullying.

Titled, "Is My Child Being Bullied? Action Steps for Parents ..." the information is available here.

Meryl Ain, Ed.D.: A Plan to End Bullying and Make Schools Kinder and Gentler

2012-01-18T18:24:00.000-05:00

Meryl Ain, Ed.D.: A Plan to End Bullying and Make Schools Kinder and Gentler

Legacy of Dr. Martin Luther King, Jr. to Be Celebrated in Albany on January 16

2012-01-14T19:34:00.000-05:00

Legacy of Dr. Martin Luther King, Jr. to Be Celebrated in Albany on January 16

Hodgson Russ Hosts 27th Annual School Client Conference

2012-01-14T05:52:00.000-05:00

The seminar will be held Friday, January 20, 2012 at the Millennium Hotel Buffalo, located at 2040 Walden Avenue, Cheektowaga, New York.

"This seminar is complimentary and exclusive to clients and friends of Hodgson Russ."

Details: School Client Conference 2012_.pdf (application/pdf Object)

New York - NYS Board Of Regents’ Vote Protects Yeshivas From 'Dignity For All Students Act' -- VosIzNeias.com

2012-01-10T20:42:00.000-05:00

New York - NYS Board Of Regents’ Vote Protects Yeshivas From 'Dignity For All Students Act' -- VosIzNeias.com

“Tweet Up” with the Secretary of Education on Friday « AAUW Dialog

2012-01-06T14:00:00.000-05:00

“Tweet Up” with the Secretary of Education on Friday « AAUW Dialog

Teachers at a Staten Island school join battle against bullying | SILive.com

2012-01-04T07:58:00.000-05:00

Teachers at a Staten Island school join battle against bullying | SILive.com

NY suspends funding for 10 school districts | www.kfoxtv.com

2012-01-04T07:47:00.000-05:00

NY suspends funding for 10 school districts | www.kfoxtv.com

Education in NY: New for 2012 - Albany Education & Public Policy | Examiner.com

2011-12-27T09:10:00.000-05:00

Education in NY: New for 2012 - Albany Education & Public Policy | Examiner.com

New York State Dignity For All Students Act

2011-12-13T09:21:00.000-05:00

Mary Grenz Jalloh, Executive Director for the New York State Center for School Safety, presents an overview of New York State Education Law, Article 2; the New York State Dignity For All Students Act, also known as 'DASA' or 'The Dignity Act'. The Dignity Act goes into effect on July 1, 2012 and applies to all public, BOCES, and charter schools.

The legislative act is designed to provide students in all New York State public schools an educational environment free from discrimination and harassment.

Click here for pdf.format

Lady Gaga Visits White House To Discuss Bullying | National Education Association New York

2011-12-07T17:37:00.000-05:00

Lady Gaga Visits White House To Discuss Bullying | National Education Association New York

U.S. Dept. of Education Releases State Bullying Laws and Policies Analysis | Just Out

2011-12-07T01:28:00.000-05:00

U.S. Dept. of Education Releases State Bullying Laws and Policies Analysis | Just Out

Students suspended as case closes on gay New York teen’s suicide - PinkNews.co.uk

2011-12-05T16:43:00.000-05:00

Students suspended as case closes on gay New York teen’s suicide - PinkNews.co.uk

National Bullying Prevention Center - Publications

2011-12-04T10:13:00.000-05:00

National Bullying Prevention Center - Publications

Including Notifying the School About Bullying – Using a Template Letter (View as a handout)

Bullying New York Leaves Young Children Devastated

2011-12-02T16:32:00.000-05:00

Bullying New York Leaves Young Children Devastated

Why Federal Law Won't Help Your Bullying Case in NY

2011-12-02T16:30:00.000-05:00

Why Federal Law Won't Help Your Bullying Case in NY

Strengthen bullying laws - Editorial Page - The Buffalo News

2011-11-26T10:50:00.000-05:00

Strengthen bullying laws - Editorial Page - The Buffalo News

Help Stop School Abuse And Child Bullying New York

2011-11-22T19:15:00.000-05:00

Help Stop School Abuse And Child Bullying New York

Jalloh PLENARY: New York State Dignity for All Students Act (DASA)

2011-11-22T19:10:00.000-05:00

Jalloh PLENARY: New York State Dignity for All Students Act (DASA)

North Tonawanda School District Schools Placed on NYSED SINI List

2011-11-11T08:41:00.000-05:00

Schools needing to improve jump to 44 - News - The Buffalo News

Michigan Republicans protect religious bullies - place LGBT kids in danger - National Democrat | Examiner.com

2011-11-06T12:46:00.000-05:00

Michigan Republicans protect religious bullies - place LGBT kids in danger - National Democrat | Examiner.com

Miss Gay Jamestown Newcomer 2011-2012 Anita Waistline and the first ever Miss Gay Jamestown Newcomer Tasha Brooks.

2011-11-06T11:28:00.000-05:00

Wall Photos

'America's Sweetheart', Ms. Anita Waistline, brings Miss Gay Jamestown Newcomer 2011-2012 title home to Buffalo, NY.

New Law Protects Christians Who Bully Gay Kids - YouTube

2011-11-05T10:46:00.000-04:00

New Law Protects Christians Who Bully Gay Kids - YouTube

Fight against bullies getting lots of help

2011-11-01T11:58:00.000-04:00

Fight against bullies getting lots of help

Buffalo Panel Discusses Taking Stand Against Bullying | wgrz.com

2011-10-29T21:06:00.000-04:00

Buffalo Panel Discusses Taking Stand Against Bullying | wgrz.com

14 WNY school districts rank among Upstate's top 50 - Business First

2011-10-27T13:13:00.000-04:00

14 WNY school districts rank among Upstate's top 50 - Business First

Dignity for All Students Act

2011-10-21T20:48:00.000-04:00

The Dignity for All Students Act

Bullying is focus of Character Council conference | News | Metrowny.com

2011-10-20T13:24:00.000-04:00

Bullying is focus of Character Council conference | News | Metrowny.com

Appoint an Advisor on LGBT Youth Issues | The White House

2011-10-16T19:50:00.000-04:00

Appoint an Advisor on LGBT Youth Issues | The White House

Gay City News > Path to LGBT Education Unclear in New York

2011-10-15T09:52:00.000-04:00

Gay City News > Path to LGBT Education Unclear in New York

New state regs aimed at curbing school bullying

2011-10-13T19:49:00.000-04:00

New state regs aimed at curbing school bullying

North Tonawanda Gay Straight Alliance

2011-10-12T12:12:00.000-04:00

North Tonawanda Gay Straight Alliance

North Tonawanda HS Gay Straight Alliance sought » Local News » Tonawanda News

2011-10-12T01:29:00.000-04:00

North Tonawanda HS Gay Straight Alliance sought » Local News » Tonawanda News

New York State Education: Changes That Will Occur Due To The Dignity for All Students Act

2011-10-07T07:56:00.000-04:00

Changes That Will Occur Due To The Dignity for All Students Act

NYCLU John Curr: "Simple Solution" to "Bullying"

2011-10-02T10:44:00.002-04:00

Op-Ed: Jamey Rodemeyer’s Tragic Death is a Call to Action (Buffalo News) | New York Civil Liberties Union (NYCLU) - American Civil Liberties Union of New York State

Worst Cases of Bullying Photo Gallery - Jamey Rodemeyer - on truTV.com's Crime Library

2011-09-30T07:34:00.000-04:00

Worst Cases of Bullying Photo Gallery - Jamey Rodemeyer - on truTV.com's Crime Library

Gallivan Calls For Assembly Action on Anti-Bullying Legislation | New York State Senate

2011-09-27T08:35:00.000-04:00

Gallivan Calls For Assembly Action on Anti-Bullying Legislation | New York State Senate

Gay Straight Alliance at North Tonawanda High School

2011-09-27T08:34:00.000-04:00

Gay Straight Alliance at North Tonawanda High School

Pain of bias-based bullying lingers

2011-09-25T12:57:00.000-04:00

The recent suicide death of 14 year old Williamsville North High School student, Jamey Rodemeyer, brings up memories for gay adults.

More

Bullied Gay Teen Caleb Laieski Making A Difference for LGBT Youth

2011-08-18T08:35:00.001-04:00

President Barack Obama with Caleb Laieski
Official White House Photo by Chuck Kennedy, courtesy Caleb Laieski.

Read the full article at LGBTQNATION.

Carrion To Depart NYS OCFS on April 1, 2011 (NY Rumor Alert Update)

2011-03-30T10:47:00.000-04:00

The Truth About Prone Restraints reports, "No news yet on whether her departure is voluntary or she was encouraged to leave." Or, whether or not Carrion is jumping to another sinking ship, the US Department of Justice~Civil Rights Division.

Source: The Truth About Prone Restraints

DOJ Civil Rights Division Bailing Out NYS OCFS Commissioner Gladys Carrion?

2011-03-28T12:11:00.002-04:00

Source: The Truth About Prone Restraint

Senator Maziarz Describes NYS OCFS Commissioner as Dangerous

2011-03-22T10:36:00.000-04:00

Although NYS Senator Michael Nozzolio is leading the call for NYS OCFS Commissioner Gladys Carrion to resign, "[t]he strongest words arguably came from [NYS Senator] Maziarz, who called Carrion "the most dangerous person in New York State government." Carrion is accused of deliberately and systematically destroying the juvenile justice system.

Not mentioned in the article, or any other article for that matter, is that Commissioner Carrion has also looked the other way while CPS Investigators conspire with "school officials" to file and determine 'founded' false reports of neglect/abuse, a Class A misdemeanor, against a parent or parents whose child is not in attendance at school for sound and legal reason. A report by the Vera Institute of Justice also failed to address this matter in its report: Getting Teenagers Back to School: Rethinking New York State's Response to Chronic Absence.

Refusal by government officials to look into the practice of CPS Investigators and "school officials" who conspire in the filing and 'founding' of false reports of neglect/abuse, and failure to prosecute all involved, speaks volumes to the "approval" of this illegal practice; it also speaks 'carte blanche' approval to the illegal and ongoing criminal violence against parents who have the right to the care, education, and upbringing of their children.

In effect, this practice continues to reveal the systemic corruption in New York State.

Read the article in its entirety at auburnpub.com

Tell Governor Cuomo ALL Youth Need A Chance

2011-03-18T09:28:00.000-04:00

Sign the Petition at Change.org asking Governor Cuomo not to abandon LGBT homeless youth.

'America's Sweetheart' Nominated for 2011 Buffalo Creative Black Tie Awards

2010-12-06T12:37:00.002-05:00

"America's Sweetheart', Miss Anita Waistline, is one of five nominees for Best Female Newcomer who were selected by overall community involvement.

Mike Mangus, Miss Anita Waistline
North Tonawanda, New York – ‘America’s Sweetheart’, Miss Anita Waistline, has been nominated for the 2nd Annual Buffalo Creative Black Tie Awards, a fundraiser for Reign 19 of the Imperial Court of Buffalo.
  

A female illusionist, also known as Mike Mangus, Miss Waistline is extremely happy about the nomination. “I am very excited about the nomination and look forward to the continued support of my fans”, she said.

One of New York’s youngest Drag Queens, she has been performing as a female illusionist for a little over two years in several clubs throughout New York State and Southern Ontario including, Club Marcella, Illusions, Adonia’s, Pure, Sky Bar, and The Embassy in Hamilton. Her creative expression ranges from glamorous to androgynous. She is listed with The Drag Queen Registry (a world-wide directory of Drag Queens),has her sights set on Provincetown, MA and, of course, the 2011 Buffalo Creative Black Tie Awards.

 

Communities on both sides of the US/Canadian border will be able to continue their support for their favorite nominee by casting ballots that are available at bars in Buffalo, NY, Jamestown, NY, Erie, PA, and in Hamilton and St. Catharines, ON. The cost of the ballot is $1.00, and is available until January 2, 2011.
 

The event, hosted by Imperial Crown Prince XX, Jeramie Rutland, is scheduled for Sunday, January 9th, 2011 at Club Marcella, located at 622 Main Street, Buffalo NY.

 

Visit 2011 Buffalo Creative Black Tie Awards for more information. 

NY State's Top Judge Oath of Office Questioned

2010-11-26T06:36:00.000-05:00

Miriam Snyder

Author of "Exhibit" Alleges Fraud and Obstruction of Rule of Law by NY State's Top Judge, Jonathan Lippman.

On March 23, 2010, Human Rights Advocate and Survivor, Miriam Snyder, requested certified copies of (among others) New York State Chief Judge Jonathan Lippman's Official Bond and Undertaking and Oath of Office as noticed in this Scribd. "Exhibit: Jonathan Lippman Defraud[s] the US,...". The request was made pursuant to Public Officers Law, Article 2. It states, in part: "A judicial officer of the Unified Court System should file his or her oath or affirmation with the New York State Department of State (if he or she is a "state officer") or with the office specified by Public Officers Law Section 10 (if he or she is a "local officer") and, in addition, must file a copy of his or her oath or affirmation with the Office of Court Administration."

According to the "Exhibit" a Certified copy of the Oath of Office as NYS Judge was not produced for Lippman. An April 1, 2010 response to Snyder's request from Shawn Kerby, Assistant Deputy Counsel for the State of New York Unified Court System, reveals a copy (allegedly non-certified) of the Oath was forwarded to Snyder (See, Scribd. "Exhibit", p 2).

Snyder likens the alleged obstruction of rule of law by Lippman to the continued attempt by New York State Acting Commissioner of Education David Steiner to appoint Cathleen Black, a wealthy media executive, as Chancellor of the New York City school system "...despite her advisory panel denunciation and public education deficiencies.-- ". To this end, according to Synder, "The education system is criminally emulating the obstruction of the rule of law practices inflicted in the New York State judiciary under the unqualified ruler ship of NYS Chief Judge Jonathan Lippman."

Read more here.

New York District Court Denies Motion To Unseal Documents In Darryl Thompson Case

2010-11-24T10:58:00.000-05:00

In the latest development, the Court has decided on the letter motion, keeping the documents sealed without prejudice.

Defendants and NYS OCFS are seeking to hide their misconduct from the public by forcing Plaintiff, Anntwanisha Thompson, to file documents "off-the-books" in the matter of Thompson v. Johnson, et al, a civil action filed by Elmer Robert Keach III, who represents the family of Darryl Thompson.

Darryl Thompson, a 15 year old from the Bronx, died in November 2006 after being restrained by two aides at the state-run Tryon Residential Center in Johnstown. An autopsy conducted by Medical Examiner, Dr. Michael Sikirica, ruled Thompson's death a homicide, yet a Fulton County grand jury declined to indict the two aides involved (John P. Johnson and Robert Murphy).

A letter motion, pursuant to the Court's direction, was filed earlier this month by Keach to The Honorable Andrew T. Baker, federal judge for the US District Court for the Northern District of New York to request the unsealing of all documents submitted to the Court. It states, in part, "...the Plaintiff's efforts to learn the truth about her son's death were used against her, in that in order to gain information about how Darryl died, the Plaintiff was forced to agree to a restrictive protective order that required court sealing. The Plaintiff specifically requested that she be provided with an opportunity to revisit the sealing provisions of the order at the appropriate time, and she does so by this letter motion."

Thompson suggests that all documents submitted to the US District Court for the Northern District of New York are judicial documents. To that end, NYS OCFS forcing "off-the-books" litigation not only does not serve the interests of justice, it also precludes the public from being able to access documents upon which the US District Court for the Northern District of New York will make its decisions.

Thompson also requested to take the depositions of Jeffrey Delorme and Robert Hoefs due to the uncertainty amongst the Defendants as to who was present during Thompson's restraint and death. While not Defendants in this action, the depositions of Delorme and Hoefs are said to be "...highly relevant to this litigation..." They are represented by the New York State Attorney General's office, who has refused to allow them to be deposed.

Sources: Keach Letter To The Honorable Andrew T. Baxter, federal judge, US District Court for the Northern District of New York. and (Case 608-cv-01241-DNH-ATB Document 147 filed Nov. 19, 2010)

New York State: The Hypocrisy

2010-11-17T07:50:00.003-05:00

Our story is given mention in this Legally Kidnapped: Baby LK Report For Halloween 2010.

It should be noted well that my son, Michael, was never truant or unlawfully detained from school. Michael was under the care of, not one but two, medical professionals who never released their demand for home-instruction.

In New York State it is a Class A Misdemeanor to file a false report with CPS. Principal James V. Fisher and City of North Tonawanda School District Child Associate Rosemary Fox were well-aware of the circumstances surrounding Michael's absence from school, yet they made the false reports to CPS. In effect, they circulated information known to be false and misused a state agency.

In light of all of the facts, several state agencies, including NYS OCFS, refused to let me file charges against North Tonawanda High School Principal James V. Fisher for filing a false report. In fact, NYS OCFS found 'no wrong-doing' by Principal Fisher. Given this, I did not attempt to bring any charges against Rosemary Fox. Ms. Fox filed the second false report the following school year (2006-2007).

Last month NYS OCFS released a 'Policy Brief' prepared by the Vera Institute of Justice.

"What their brief does not begin to explore is false filings of educational neglect charges, and why there are no investigations into this aspect. "

To this end, Chief Judge Honorable Jonathan Lippman, who denied my Motion for Permission for Leave to Appeal to the Court of Appeals at a session of the Court, held at Court of Appeals Hall in the City of Albany on the second day of September, 2010, has recently received "kudos" for his crackdown on foreclosure practices. It's unfortunate that Judge Lippman does not follow the same procedures in his own Court.

The hypocrisy: "We can't have the process being a fraud," New York State Chief Judge Jonathan Lippman said in announcing the new procedure. "It has to be real and based on credible information."

New York State Woman Finds OCFS Policy Brief Does Not Fully Address The Issues

2010-10-26T04:20:00.004-04:00

FOR IMMEDIATE RELEASE
PRLog (Press Release) – Oct 25, 2010 – A North Tonawanda mother who was falsely charged with "educational neglect" after her gay teen received death threats at North Tonawanda High School in 2005 is perplexed by a recent policy brief released by the New York Office of Child and Family Services.

"What their brief does not begin to explore is false filings of educational neglect charges, and why there are no investigations into this aspect. " ~ Rhonda Mangus, North Tonawanda , NY

Read more here

Readers may also link to the policy brief from the OCFS and Vera websites: www.ocfs.state.ny.us and www.vera.org.

"Getting Teenagers Back to School: Rethinking New York State's Response to Chronic Absence"

2010-10-26T04:14:00.002-04:00

RELEASE: October 25, 2010 -- The New York State Office of Children and Family Services (OCFS) today released “Getting Teenagers Back to School: Rethinking New York State’s Response to Chronic Absence,” a policy brief researched and written for the agency by the Vera Institute of Justice in partnership with Casey Family Programs.

"What their brief does not begin to explore is false filings of educational neglect charges, and why there are no investigations into this aspect. " ~ Rhonda Mangus, North Tonawanda , NY

Readers may link to the policy brief from the OCFS and Vera websites: www.ocfs.state.ny.us and www.vera.org.

Chief Judge Jonathan Lippman's Decision Endangers Parental Rights

2010-09-05T08:45:00.003-04:00

State of New York Court of Appeals Chief Judge Jonathan Lippman’s decision to deny Appellant’s motion for permission for leave to appeal to the court of appeals endangers parental rights.

The decision leaves in place an illegal and egregious determination of educational neglect by Niagara County Department of Social Services and New York State Office of Children and Family Services. It encourages continued abuse of power, giving ‘carte blanche’ to school authorities and social services agencies who seek to deprive parents of their right to protect their children against hate and violence at school.

New York State Court of Appeals Chief Judge Honorable Jonathan Lippman denied Appellant’s Motion for Permission for Leave to Appeal to the Court of Appeals at a session of the Court, held at Court of Appeals Hall in the City of Albany on the second day of September, 2010. The motion for permission for leave to appeal was pursued after the Supreme Court of the State of New York, Fourth Department, in its decision In the Matter of Rhonda Mangus against Niagara County Department of Social Services and New York State Office of Children and Family Services, denied this writer a Motion for Re-Argument or Leave to Appeal to the Court of Appeals earlier this year.

Chief Judge Lippman’s decision to deny the motion for leave to appeal to the court of appeals presents a classic example of distorted conception of the facts and of the law upon all papers submitted thereon.

Assistant Solicitor General Zainab Chaudhry, of Counsel for Andrew M. Cuomo, current Attorney General of the State of New York, admits in her Memorandum In Opposition To Motion For Leave To Appeal (p 3) that, “Motions seeking such error correction rarely warrant leave by this Court.” Chaudhry goes on to say, “Further, the Appellate Division properly applied those legal principles to the facts of this case and found that substantial evidence in the record supported OCFS’ determination.”

However, a fair contextual reading of this case compels a contrary conclusion. The facts of this case show that substantial evidence in the record did not support Niagara County Department of Social Services caseworker Robin Stroud’s determination, nor NYS OCFS’ final determination. Respondents, in fact, failed to prove that Appellant committed maltreatment under Social Services Law Section 422 and 97-LCM-58. Appellant’s son was never truant or unlawfully detained from school, the two categories of unexcused absences in New York State Education Law, and Appellant’s son was under the care of medical professionals who did not release their demand for home-instruction.

The apparent rationale of the Courts is that Respondents’ need not comply with Social Services Law Section 422, 97-LCM-58, or due process rights when addressing matters of alleged child neglect. It presents clear error and plain injustice that, again, will encourage continued abuse of power, and give ‘carte blanche’ to school authorities and social services agencies who seek to deprive parents of their right to protect their children against hate and violence at school.

Further, Judge Lippman’s decision seriously undermines the efficacy of the laws in any related, pending or future litigation, the rights of parents to the care, education, and upbringing of their children, the authority of medical professional opinion and/or plan of care for its pediatric patents, and parent rights to due process before the law.

Ref. Court of Appeals Motion No. 2010-674, Appellate Division Docket No.: TP09-01245, Niagara County Index No. 136504

Author’s Note: I am not a lawyer and nothing contained herein or elsewhere on this website should be construed as legal advice.

It should also be noted well here that the Appellate Division, Fourth Department Decision related to whether or not Appellant’s due process rights were violated is also grossly misrepresented in its entirety. The question before the Court was:

Whether the Administrative Law Judge violated the Appellant’s due process rights when [she] failed to advise and obtain, on the record, an intelligent or understanding waiver of the Appellant right to be afforded the opportunity of Counsel?

Clearly, the question has nothing to do with Appellant seeking assigned counsel.

Celebrate National Parents' Day

2010-07-22T07:34:00.001-04:00

Celebrate National Parents' Day Sunday, July 25, 2010. US Code Section 135 recognizes Parents' Day. Celebrated the 4th Sunday of July each year — All private citizens, organizations, and Federal, State, and local governmental and legislative entities are encouraged to recognize Parents’ Day through proclamations, activities, and educational efforts in furtherance of recognizing, uplifting, and supporting the role of parents in bringing up their children.

In Mangus case in NY, GLSEN may have much informing material | The News is NowPublic.com

2010-02-20T09:06:00.000-05:00

In Mangus case in NY, GLSEN may have much informing material | The News is NowPublic.com

New York State Supreme Court Decision Speaks Loudly On 'System of Justice': Mangus against Niagara County Department of Social Services, et al

2010-01-07T12:57:00.004-05:00

The least-noticed cases sometimes say the most about the institution and our system of justice. They can also say the most about the rights of a mother to the care, education, and upbringing of her children, and the opinions of medical professionals, whose primary concern is that of the safety, health and welfare of children in education.

Last month, a ruling on a little-noticed NYS Supreme Court case represents a shameful chapter in NYS Supreme Court history that could have wide-ranging implications for mothers and medical professionals whose primary concern is that of the safety, health, and welfare of the child in education.

With no mainstream media attention, the Supreme Court of the State of New York, Appellate Division, Fourth Department, in its decision In the Matter of RHONDA MANGUS against NIAGARA COUNTY DEPARTMENT OF SOCIAL SERVICES and NEW YORK STATE OFFICE OF CHILD & FAMILY SERVICES, denied this Author the relief requested in an Article 78 Proceeding.

It is unclear at this point why Justices Robert G. Hurlbutt, J.P., Nancy E. Smith, Eugene M. Fahey, and Edward D. Carni unanimously ignored the QUESTIONS PRESENTED by the Law Offices of Anthony S. Pecoraro in its Brief on behalf of this Author:

“ (1) Did Petitioner establish that the Appellant committed the alleged maltreatment, by a fair preponderance of the evidence pursuant to New York State Social Services Law Section 422? Answer: No

(2) Whether the Administrative Law Judge violated the Appellant’s Due Process Rights when they failed to advise and obtain, on the record, an intelligent or understanding waiver of the Appellant right to be afforded the opportunity of counsel? Answer: Yes”

What is clear in its Decision, Justices' Hurlbutt, Smith, Fahey, and Carni unanimously and completely not only ignore the QUESTIONS PRESENTED, they also ignore SUPPORTING EVIDENCE that establishes there is no basis for an indicated report of ‘Educational Neglect’ against this Author, including SUPPORTING EVIDENCE “…that there was, not one but two, doctor’s orders to keep the child out of school.” The record is complete with medical references to keep the child from attending school.” Appellant’s Exhibit 3 and 4. “At no time was the child kept out of school by the Appellant where there was no doctor’s directive or instruction to do so. Simply, there is no evidence introduced by NDSS that either Doctor removed their demand for home schooling and cleared or certified the child to return to school.”

In this case, SUPPORTING EVIDENCE clearly establishes that this mother did not maltreat her child. Yet, the Justices effectively construct a Memorandum and Order that portrays, erroneously, “…that respondent’s determination that respondent Niagara County Department of Social Services established by a fair preponderance of the evidence at the fair hearing that petitioner maltreated the subject child is supported by substantial evidence.”

The Justices’ refusal to acknowledge the QUESTIONS and SUPPORTING EVIDENCE in its final Decision speaks loudly of the system of justice in the Supreme Court of the State of New York. This Author however will not be deterred by this 'set-back' in her endeavors to expose the truths of the 'system of justice' in New York State.

Read:

The Court's Decision, here.

NYS OCFS/NYSED Model Policy on Educational Neglect (2/2008)

NYS Senator Montgomery's Bill Number S5974 - An act to amend the social services law in relation to reports of educational neglect by school districts (6/2009)

Author’s Note: Andrew M. Cuomo, Attorney General of the State of New York, for Respondent’s New York State Office of Child and Family Services; Andrew D. Bing, Deputy Solicitor General and Zainab A. Chaudhry Assistant Solicitor General, of counsel; Jean Greinert, Administrative Law Judge; Richard E. Davidson, Bureau of Special Hearings NYS OCFS; Caseworker Robin Stroud, Niagara County Department of Social Services, North Tonawanda, NY; and Thomas W. Scirto, attorney for Niagara County Department of Social Services; Laura Wagner, of Counsel.

North Tonawanda School District Officials, ERIE 1 BOCES Labor Relations Manager Perpetrate Fraud, Malice, Misuse of Federal Proceeding

2008-05-23T22:06:00.007-04:00

Note to Readers: It is recommended that, at the very least, post entry dated March 23, 2008, ERIE 1 BOCES "Employee" Colleen A. Sloan, Esq. Designated FERPA Hearing Officer be reviewed prior to reading this post.

The Standards: Public Integrity, Rule of Reason, Family Education Right to Privacy Act (FERPA); Amendment of Education Records C.F.R. 34 Sections 99.20, 99.21 and 99.22 of FERPA Regulations, New York State Education Department Commissioner's Rules & Regulations Truant and/or Unlawfully Detained (the two categories of unexcused absence in New York State), and North Tonawanda City School District Attendance Policy, North Tonawanda High School "Agenda" (2005-2006, p 7-11).

The Truths: Principal James V. Fisher, among other matters, egregiously and with intent to perpetrate fraud and malice, violated New York State Education Law when he issued a directive to Michael's Grade 9 teachers to deny me access to Michael's coursework for a period of 34 days, beginning October 13, 2005 through and including December 2, 2005.

At the time of the FERPA Records Amendment Hearing, City of North Tonawanda School District Superintendent Dr. John George (retired), Andrew J Freedman, Esq. (CNTSD School Board Attorney), and FERPA Hearing Officer Colleen A. Sloan, Esq. were aware that North Tonawanda High School Principal James V. Fisher's false report of Educational Neglect to New York State Office of Children and Family Services was determined "Unfounded" by Niagara County Department of Social Services. Therefore, City of North Tonawanda School District failed IN FACT to prove Michael TRUANT or UNLAWFULLY DETAINED from school; the two categories of unexcused absence in New York State Education Law, and the category by which City of North Tonawanda High School Principal James V. Fisher repeatedly directed Michael's absence from school be recorded as "unexcused", and the category by which Principal Fisher issued a directive to Michael's Grade 9 teachers to deny me access to Michael's coursework.

Each school official was also clearly aware that FERPA Hearing Officer Colleen A. Sloan, Esq. is required by law to render her DECISION consistent with New York State Education law.

Ms. Sloan instead makes every effort to forge a DECISION that attempts to conceal the fact that the City of North Tonawanda School District egregiously and illegally denied Michael his RIGHT TO EQUAL ACCESS TO EDUCATION, effectively denying Michael access to all coursework for the period mentioned and repeating Michael to Grade 9. Ms. Sloan in fact further perpetrates fraud, malices and misuse of a federal agency proceeding by mis-representing and/or omitting stated objections to the Hearing, and by further alleging testimony that never occurred from me, or Principal James V. Fisher related to home/hospital instruction. Ms. Sloan made every effort to join home/hospital instruction to the record in question with knowledge that home/hospital instruction services to Michael had no rational relationship to the attendance record in question.

"...Hearing Officer's
DECISION

In February 2006, Rhonda J. Mangus, mother of Michael A. Mangus (DOB [omitted]), requested that the North Tonawanda City School District ("District") amend certain education records of her son maintained by the District, including his attendance records. 1 James V. Fisher, Principal of North Tonawanda High School, sent Ms. Mangus a letter in which he, in effect, denied Ms. Mangus' request. 2 Ms. Mangus then requested that the District provide a hearing under the Family Educational Rights and Privacy Act ("FERPA") regarding her request for amendment of her son's attendance records. 3

I was designated by the District to serve as the hearing officer in this matter. 4 The hearing was held on March 21, 2006, beginning at approximately 9:40 a.m. in the Superintendent's Conference Room, 175 Humphrey Street, North Tonawanda, New York.

The Hearing was held in accordance with 20 USC 1232g(a)(2) and 34 CFR [Sections] 99.20 through 99.22, along with applicable Board of Education Policy and Administrative Regulations. 5 Ms. Mangus was given the opportunity to be represented at the amendment hearing by individual(s) of her choice, and she was accompanied by her attorney, James E. Rolls, Esq. Ms. Mangus was given a full and fair opportunity at the hearing to present relevant evidence. The District was represented by its school attorney, Andrew J. Freedman, Esq. Principal Fisher also appeared at the hearing.

The following represents my decision as hearing officer, along with a summary of the evidence presented at the hearing and the reasons for my decision.

PRELIMINARY MATTERS

At the outset of the hearing, Ms. Mangus objected to the hearing going forward, and also objected to my serving as hearing officer on the basis that I had been selected by the District's Superintendent of Schools. Although Ms. Mangus then indicated that she wished the hearing to proceed as scheduled, I did consider her objection to my serving as hearing officer.

FERPA itself establishes only minimal requirements for the conduct of a records amendment hearing. The federal regulations implementing FERPA at 34 CFR 99.22(c) state that an amendment hearing "may be conducted by an individual, including an official of the educational agency...who does not have a direct interest in the outcome of the hearing."6 The regulations allow, and the legislative history of FERPA supports, that even a school's own employees can under most circumstances conduct a record amendment hearing (including, presumably, the Superintendent).7 According to the Family Policy Compliance Office ("FPCO"), which administers FERPA and its implementing regulations, "districts should have some flexibility in conducting these hearings consistent with a rule of reason." FPCO has stated that "a rule of reason approach suggests that the deciding official...must be someone who does not have a personal or professional interest that would conflict with his or her objectivity in the hearing. Reason suggests that ordinarily a school or agency would not assign as a hearing officer either the individual who determined not to amend education records or someone who is in direct reporting or close collegial relationship with that individual."8

There was no evidence presented at the hearing that the Superintendent himself was specifically involved in the determination not to amend Michael's records. If, under FERPA, he could have conducted the hearing himself, then there is no reason he could not designate an outside party to do so without somehow influencing that person's decision. I am not an employee of the District; as such I am not in direct reporting or close collegial relationship with the Superintendent or with Mr. Fisher, the individual who did make the determination not to amend the records. I was not involved in Mr. Fisher's determination. There was no evidence presented at the hearing upon which to conclude that I have a personal or professional interest in the final outcome of the hearing, or that I could not be objective. Therefore, I did not recuse myself as hearing officer.

RECORDS SUBJECT TO CHALLENGE

In accordance with FERPA, a parent or eligible student has the right to request a hearing to challenge the content of the student's education records on the grounds that the information contained in the records is inaccurate, misleading, or in violation of the privacy rights of the student.

At the hearing, Mr. Rolls objected to Michael's attendance records maintained by the District to the extent any of the records indicate that Michael was absent without excuse from the period beginning October 13, 2005 through and including December 2, 2005. For example, Michael's Student Progress Report for the second marking period ending January 20, 2006 indicated a total of 34 instances of "unexcused" absence for that period.9 A "Student Absence Summary" prepared from District computerized records on March 2, 2006 confirmed that Michael was marked absent 34 times from October 13, 2005 through December 2, 2005, and that each of those absences was recorded by the District as "unexcused."10

According to Mr. Rolls, Ms. Mangus does not dispute the that her son was in fact absent on each of the above dates. However, Mr. Rolls indicated that the basis for Ms. Mangus' objection to the attendance records is that all of those absences should have been recorded as excused absences.

According to Mr. Freedman, Michael's absences on the above dates were properly designated and recorded by the District as "unexcused," in accordance with District policy and regulations which specify those absences the District regards as "excused" and "unexcused."

SUMMARY OF THE EVIDENCE

The evidence at the hearing established that District's Board of Education has determined that the absences will be considered "excused" or "unexcused" according to the following:11

Excused: An absence, tardiness or early departure may be excused if due to personal illness, illness or death in the family, impassable roads due to inclement weather, religious observance, quarantine, required court appearances, attendance at health clinics, approved college visits, approved cooperative work programs, military obligations, road test, school field trip, take your child to work or other such reasons as may be approved by the Board of Education.

Unexcused: An absence, tardiness or early departure is considered unexcused if the reason for the lack of attendance does not fall into the above categories (e.g., family vacation, hunting, babysitting, hair cut, obtaining learner's permit, oversleeping).

Students at the High School are further informed via the Student Handbook that the following will be considered "legitimate excused absences" from school:12

Court appearance
Illness (medical appointments)
Family death
Education
Religious observance
Local impassable roads

The evidence at the hearing established that students receiving approved home instruction are considered by the District to be "in attendance."13

According to Ms. Mangus, her son received a written death threat on October 12, 2005. As a result, she immediately took her son out of school, informed the school that he would not return until the matter was investigated to her satisfaction, and requested that his teachers send work home for him.14. Ms. Mangus stated that she requested home instruction for her son, and Mr. Fisher told her she needed to bring in a doctor's note. She stated that at first she told Mr. Fisher that she would not get a doctor's note; that her son's absences were due to the circumstances surrounding the threat he received. However, according to Ms. Mangus, Michael ultimately was diagnosed by his doctor as depressed. Michael's pediatrician sent a letter to the District dated November 21, 2005, indicating his belief that Michael was depressed and as such should be afforded home instruction.15 Ms. Mangus stated that Mr. Fisher requested that she then complete an additional form in order to receive home instruction. According to Ms. Mangus, she provided the completed form to the District as requested. Michael has received home instruction since December 5, 2005. Ms. Mangus stated that this situation with her son was an extraordinary circumstance, and as such the records of Michael's attendance should reflect all of his absences from October 13, 2005 through December 2, 2005 as "excused." Mr. Rolls stated that the examples of what is considered "unexcused" absence in District Policy (i.e., vacation, haircut, etc.) include "nothing remotely reflecting was was going on here," and "if any [absence] deserves to be excused, this does."

Referring to District Policy and the Student Handbook, Mr. Freedman reiterated that only certain types of absences are considered "excused" by the District. Mr. Freedman stated that whenever a student is absent, parents are required to submit a legitimate written excuse for the absence; if no such excuse is provided, the absence is considered unexcused. Mr. Freedman indicated that Ms. Mangus never provided documentation to the District that would have placed Michael's absences during the period in question into one of the categories of absences considered "excused" by the District. Mr. Freedman stated that during this time Ms. Mangus voluntarily chose to remove her son from school and keep him home, based on her perception that school was an unsafe environment for her son. According to Mr. Freedman, the District never suspended Michael or indicated that he could not return to school following the alleged threat. In fact, the District took steps to compel Michael's attendance.

Mr. Fisher confirmed that on October 12, 2005, Ms. Mangus came to him and informed him that Michael had received an anonymous death threat in his agenda planner, and that she was taking him home. Mr. Fisher stated that given the circumstances, he did not object to Michael leaving school on that day. Mr. Fisher outlined the steps he followed to respond to Ms. Mangus' request for home instruction, including the District's requirement that certain documentation be completed (including information as to the treating psychologist/psychiatrist) whenever the request for home instruction is based on a diagnosis of depression.16

Mr. Freedman stated that it was not until December 5, 2005 that Ms. Mangus provided the above documentation as requested by Mr. Fisher, but as soon as she did, "the categorization of Michael's absences changed."

District records indicate that Michael was in fact on "home teaching" as of December 5, 2005; his absences were no longer recorded as "unexcused."

FINDINGS OF FACT

Based soley on the above evidence presented at the March 21, 2006 hearing, I find that Michael Mangus' attendance records, specifically those that indicate that he was absent a total of 34 times without excuse from the period from October 13, 2005 through and including December 2, 2005, are not inaccurate, misleading or otherwise an invasion of the student's right of privacy.17

According to FPCO, the right of a parent or eligible student to challenge information in education records is not unlimited. A school is not required by FERPA to afford a parent the right to seek to change substantive decisions made by school officials, as opposed to ministerial or computational errors. See, e.g., Tarka v. Cunningham, 917 F.2d 890 (5th Cir. 1990), where the court denied a student's challenge to a grade under FERPA, stating that "students' grades as reflected in educational records can only be inaccurate or misleading if they do not reflect what the grader intended or if they are mathematically incorrect."

Case law and administrative decisions construing FERPA suggest that in order for a record to be deemed "inaccurate" or "misleading," it must be found to be "incorrect" at the time it was written, or, it must be found that because of an omission, or the means of expression, the content of the record casts the student in a false light or gives an erroneous impression. Compare, e.g., Carter v. Orleans Parish Public Schools, 555 IDELR 419 (5th Cir. 1984), where the parent successfully sought expungement of record that identified his children as mentally impaired when in fact they were not; with Nenana City Public Schools, 18 IDELR 489 (SEA AK 1991), where review officer denied parent's request to remove an IEP from her son's file that reflected services that had been subsequently changed, as the IEP was appropriate when it was written.

Here, Ms. Mangus does not assert that Michael's record of attendance is inaccurate or misleading because he was absent a lesser or higher number of days than actually recorded, or that he was absent on different days [than] actually recorded, or that he was not absent at all. Ms. Mangus asserts that Michael's record is inaccurate or misleading based on the perceived circumstances surrounding the threat against him, his medical condition, or both, the District would have more accurately determined and recorded each of Michael's absences as excused instead of unexcused.

Regarding absences related to a medical condition, the evidence at the hearing established that Ms. Mangus did not initially claim that Michael was being kept out of school because of any medical condition. The evidence established that she initially informed the District, both in writing and by telephone, that she was keeping her son out of school because of the threat made against him. Although she later provided the District with a letter from Michael's pediatrician stating his belief that Michael was depressed, she did not provide the District with specific information regarding Michael's diagnosis and treatment in accordance with its procedures for requesting home/hospital instruction for his condition, until on or about December 5, 2005. The evidence clearly established that once that information was received, the District immediately began providing Michael with home instruction, and his records accurately reflect his status as "in attendance" from that date forward. Therefore, I cannot find that Michael's attendance from October 13, 2005 through December 5, 2005 is inaccurate or misleading based on his medical condition.

Regarding absences based on perceived circumstances surrounding the threat against Michael, Ms. Mangus' attorney conceded that this may have been her personal choice. The evidence clearly established that such circumstances were not specifically included in the District's definition or list of examples of "excused" absences. Ms. Mangus basically argues, however, that the District made the wrong decision when it decided that her son's absences do not "go with" those other types of absences specifically considered excused.

There is no question in my mind that deciding to characterize Michael's absences based on perceived circumstances surrounding the threat against him as "unexcused" versus "excused" was a substantive decision by the District. There is no right to challenge such substantive decisions under FERPA.

CONCLUSION

The FERPA regulations provide that if, as a result of an amendment hearing, it is determined that the challenged information in the education is not inaccurate, misleading or otherwise in violation of the privacy rights of the student, the district shall inform the parent of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision, or both. If the district places such a statement in the student's education records, the district must maintain the statement with the contested part of the record for as long as the record is maintained, and, disclose the statement whenever it discloses the portion of the record to which the statement relates.18

I recommend that the District inform Ms. Mangus of the above right.

Dated: April 21, 2006

s/Colleen A. Sloan
Colleen A. Sloan, Esq.
ERIE 1 BOCES Labor Relations Services
Hearing Officer"

Please Note: I have not yet placed a statement in Michael's record. I did forward correspondence to Ms. Sloan regarding her Decision, which will appear in the next post. The exhibits referenced here will be posted at a later time.

ERIE 1 BOCES "Employee" Colleen A. Sloan, Esq. Designated FERPA Hearing Officer

2008-03-23T22:31:00.017-04:00

The Standards: Family Education Right to Privacy Act (FERPA); Amendment of Education Records C.F.R. 34 Sections 99.20, 99.21 and 99.22 of FERPA Regulations, New York State Education Department Commissioner's Rules & Regulations Truant and/or Unlawfully Detained (the two categories of unexcused absences in New York State), and North Tonawanda City School District Attendance Policy, North Tonawanda High School "Agenda" (2005-2006, pgs. 7-11).

The Truths: At a FERPA Hearing held at CNTSD Administration Building, 175 Humphrey Street, North Tonawanda, NY on 21 March 2006, at 9:30 a.m., before Colleen Sloan, Esq., designated Hearing Officer by former (retired) CNTSD Superintendent Dr. John George, I appeared with James Rolls, Esq.. Andrew J. Freedman, Attorney for City of North Tonawanda School District and North Tonawanda High School Principal James V. Fisher were also present at the Hearing.

Introductions were exchanged and the Hearing began to move forward. As Ms. Sloan began to proceed with the Hearing however, it was necessary for me to interrupt her for the reason that I had objections to the Hearing to state for the record:

"1. I have filed a Complaint on behalf of my child Michael Mangus with the Division of Human Rights against City of North Tonawanda School District charging City of North Tonawanda School District with unlawful discriminatory practice relating to education in violation of Article 15 of the Executive Law of the State of New York because of Sexual Orientation and Andrew J. Freedman, Esq. is the attorney of record for City of North Tonawanda School District.

2. I object to the fact that Dr. George, a party to the above action and having a direct interest in the outcome of this Hearing, selected the Hearing Officer on this matter.

3. I also object to the fact that I have been forced to seek this Hearing as a result of the City of North Tonawanda School District's willful disregard of a Decision, dated January 19, 2006, by New York State Office of Children and Family Services Abuse and Maltreatment Register that determined that a report of "educational neglect" was unfounded because no credible evidence was found to support the claim.

4. I further object to the fact that I have been forced to seek this Hearing as a result of the City of North Tonawanda School District's willful disregard toward State Education Law, Compulsory Education Under New York State, because the City of North Tonawanda refuses to acknowledge that Michael's absences cannot be defined as truant or unlawful detention.

The Records that are inaccurate: Attendance Records: There are 34 unexcused absences on Michael's report card for the period October 13, 2005 to December 2, 2005."

Throughout the Hearing, Attorney Freedman repeatedly attempted to bridge a relationship between Michael's absences and a subsequent medical request for home instruction, which bears no rational relationship to Michael's absences from school during the aforementioned time (Michael was removed from North Tonawanda High School on 12 October 2005 for the reason of a discovered written death threat against him for his sexual orientation/gender expression; a threat that put him in fear for his life. Michael was not removed from NTHS on 12 October 2005 for reason of illness/sickness).

In requesting and receiving evidence, Ms. Sloan refused to accept copy of initial correspondence from New York State Office of Children and Family Services dated 9 November 2005, and copy of final correspondence from New York State Office of Family and Children Services dated 19 January 2006, as evidence that the City of North Tonawanda School District failed to provide credible evidence of "educational neglect" therefore confirming that Michael was never truant or unlawfully detained from school, that Michael's absences from school should have been in fact recorded as excused, and that Michael was entitled to all coursework requested for him by me during the course of this time period.

As the Hearing drew to a close Ms. Sloan indicated that she would render her Decision within ten (10) days. Ms. Sloan's Decision is self-explanatory. A subsequent Affidavit of Ms. Sloan in a 310 Appeal later filed with New York State Education Department Office of Counsel on the Matter of Rhonda Mangus, on behalf of Michael Mangus v. Actions of a Hearing Officer and the City of North Tonawanda School District, Appeal No. 18345, is self-explanatory as well, and will be posted accordingly.

Please Note: A certain unsettling encounter took place at the Administration Building prior to the commencement of the Hearing. The event evolved from my request to Attorney Andrew J. Freedman for the City of North Tonawanda School District Administration Policy and Procedure Manual. Attorney Freedman's response was "Go sit down!" When I again requested the Manual for Attorney Rolls' review, Mr. Freedman's response was "Go sit down, before I call the police!" I immediately returned to Attorney Rolls and conveyed the incident to him. Attorney Rolls looked at me in disbelief. The Manual was never produced at the Hearing, Attorney Freedman claiming it was not on-site, Attorney Rolls' was given instead City of North Tonawanda School District's (invalid) NTHS 2005-2006 "Agenda", and my concerns prior to attending the Hearing were validated. Ms. Sloan was made aware of the event during the Hearing; Commissioner Mills would be made aware of the event in the first formal appeal to him, known as a Section 310 Appeal.

Please also note: Among other matters, I would learn (well after the FERPA Hearing) that Ms. Sloan does in deed hold both personal and professional relationships (as an "Employee" of Erie 1 BOCES) with City of North Tonawanda School District (CNTSD). Further, that Ms. Sloan is Manager of Erie 1 BOCES Labor Relations Service whose staff is available to provide seminars and in-service training on a wide range of topics to participating districts, including presentations on Family Education Rights and Privacy Act (FERPA). Level 2 Labor Relations Service also provides "Telephone consultation and information on specific pupil personnel issues such as attendance, denial of credit,...FERPA...". Furthermore, I would also learn that Erie 1 BOCES collaborated with CNTSD in the compilation of CNTSD Administrative Policy and Procedure Manual. Additionally, City of North Tonawanda School District also utilizes Erie 1 BOCES computer software, and has agreements with WNYRIC (cf. http://eboces.wnyric.org).

Andrew J. Freedman, Esq. (North Tonawanda CSD School Board Attorney) Appointed FERPA Hearing Officer

2008-02-21T21:42:00.006-05:00

The Standards: United States Department of Education, The Family Educational Rights and Privacy Act (FERPA); 20 U.S. C. Section 1232g; 34 CFR Part 99 and Section 99.22 What minimum requirements exist for the conduct of a hearing?

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Section 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. FERPA also gives parents (or eligible students) certain rights with respect to their child's education records. Parents have the right to inspect and review their child's education records maintained by the school. Parents also have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent (or eligible student) then has the right to a formal hearing. If, after the hearing, the school still decides not to amend the record, the parent has the right to place a statement with the record setting forth his or her view about the contested information. The statement must remain with the contested part of your child's record for as long as the record is maintained. FERPA cannot be used to challenge a grade or an individual's opinion unless it has been inaccurately recorded. Additionally, if FERPA's amendment procedures are not applicable to a parent's request for amendment of education records, the school is not required to hold a hearing under FERPA on the matter.

Under FERPA, Section 99.22 What minimum requirements exist for the conduct of a hearing? "The hearing may be conducted by any individual, including an official of the educational agency or institution, who does not have a direct interest in the outcome of the hearing."

The Truths: In correspondence dated 1 March 2006, addressed to Principal James V. Fisher, North Tonawanda High School, I stated that I believe that there is inaccurate information in Michael's education records, the specific information that I believe is inaccurate, the reason I believe such information is inaccurate, and my evidence to support my belief that the information is inaccurate:

"...1. Attendance records for the period October 13 - December 2, 2005 reflect thirty-four (34) un-excused absences.

2. In correspondence to you dated October 12, 2005, you were informed that Michael would not return to school until I was satisfied that the death threat against him was investigated. That Dr. John George (Superintendent of Schools), and Detective Smith (Juvenile Division, North Tonawanda Police Department) were copied on this correspondence.

That in addition to said correspondence, I telephoned the Attendance Office on school days between October and November 2005, indicating that Michael would not be in attendance pursuant to my correspondence to you (you may confirm this with Ms. Yager, Attendance Office).

3. NTCSD failed to prove that Michael's absence was un-excused (unlawful detention and/or truancy).

If you still believe, as stated in your correspondence of February 14, 2006, that "Michael's attendance records...are consistent with NTCSD Board of Education Policy, then FERPA provides that I receive a hearing on this matter. Please inform me in writing as to the date and time of the hearing...." (former Superintendent (Dr. John George), former NTCSD School Board President (Scott Schultz), an alleged Guidance Counselor (Mrs. Colleen Fisher), and Ms. Yager, (Attendance Office), were copied on this correspondence).

On March 2, 2006, I received correspondence from Dr. John George regarding my FERPA Hearing Request. Dr. George advises me that he has "designated our school attorney, Andrew J. Freedman, Esq., to hear the matter. The hearing is scheduled for March 10, 2006 at 10:00 A.M. in the Board of Education conference Room, 175 Humphrey Street, North Tonawanda, New York 14120. You may have an attorney present at your own expense if you so choose.

Thank you.

Sincerely,

John H. George, Ed.D.
Superintendent of Schools"

Dr. George copied Andrew J. Freedman, Esq., Hearing Officer and James V. Fisher, Principal.

By letter dated 2 March 2006 to Dr. John George, I objected to Dr. George's appointment of Andrew J. Freedman Esq. as Hearing Officer under FERPA, Section 99.22 What minimum requirements exist for the conduct of a hearing? By letter dated March 8, 2006, from Susan L. Villiers (North Tonawanda City School District Assistant Superintendent of Administrative Services), Ms. Villiers informed me that "Based on a review of this matter, it was determined that Mr. Freedman, under FERPA, Section 99.22, does not have a direct interest in the outcome of the hearing. However, due to your concern, the District is willing to designate another individual as hearing officer."

Ms. Villiers further informs me that the hearing scheduled for Friday, March 10, 2006 has been postponed, and by letter dated March 15, 2006, Dr. George informs me that he has designated Colleen A. Sloan, Esq. of Erie 1 BOCES to hear the matter on March 21, 2006 at 9:30 a.m. in the Superintendent's Conference Room, 175 Humphrey Street, North Tonawanda, New York 14120. Dr. George goes on to say "You may have an attorney present at your own expense if you so choose."

New York State Office of Children & Family Services Proceeds With Charge of Educational Neglect

2008-02-02T05:58:00.000-05:00

The Standards: Laws of the State of New York Article 6, Title 6, Section 424(7), which states:

"Duties of the child protective service concerning reports of abuse or maltreatment. Each child protective service shall determine within sixty days, whether the report is "indicated" or "unfounded"."

Administrative Subpoena Duces Tecum to North Tonawanda City School District to produce "Educational records of Michael Mangus including but not limited to Home teaching record for the time frame: September 2005 to the present. Failure to comply with this Subpoena may be punishable as a contempt of Court and make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars.

The Truths: In a Hearing before New York State Office of Children & Family Services Administrative Law Judge Jean Greinert held at Niagara County Building in Niagara Falls, NY this past Friday, February 1st, the witness for New York State Office of Family and Children Services in a charge of "educational neglect" against me, arrived one hour late for a scheduled hearing to begin at 12 Noon. I read my opening statement before Judge Greinert, stating that Judge Greinert had "evidence before her of an egregious and illegal abuse of authority by New York State Office of Family & Children Services and Niagara County Department of Social Services personnel who violated, among other things, the Laws of the State of New York, Article 6, Title 6, Section 424(7), which states the duties of the child protective service concerning reports of abuse or maltreatment. "Each child protective services shall determine within sixty days, whether the report is "indicated" or "unfounded". " The initial report of "educational neglect and inadequate guardianship" was made November 29, 2006, and was not "indicated" until May 8, 2007. (I was able to reverse the charge of "inadequate guardianship" prior to learning that NYS OCFS and Niagara County Department of Social Services had in fact exceeded the statute of limitation and has no legal standing.) I then requested that the matter be promptly expunged and sealed and preserved my right to commence legal action on this matter. I also stated for the record that if New York State Office of Children and Family Services continues with this course of action, that I am requesting an adjournment to subpoena witnesses for examination.

I was not granted an adjournment or an opportunity to subpoena witnesses for examination as Judge Greinert then asked NYS OCFS Attorney Laura Wagner if she was ready to present her case. I entered evidence, twice objected to by Attorney Wagner, that City of North Tonawanda School District defied the Administrative Subpoena Duces Tecum issued by Judge Greinert back on December 5, 2007, to produce all of Michael's educational records and evidence that sources for the charge were unreliable, including "school officials" and a school board attorney. NYS OCFS could not provide evidence that Michael was released by his doctors for regular attendance to school.

Attorney Wagner repeatedly asked leading questions of me, not objected to by Judge Greinert who also gave no indication that she would hold City of North Tonawanda School District in contempt for violating the Subpoena. Judge Greinert did indicate however that she will render her Decision in 2 weeks.

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

2008-01-31T02:28:00.000-05:00

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.

POST ENTRY: North Tonawanda High School "Administrator" Continues to Jeopardize Safety of Students...

2008-01-25T06:21:00.000-05:00

The Standards: Project SAVE and Commissioner's Rules and Regulations 155.17 School District-Wide Safety Plans.

The Truths: A recent post entry by me titled "North Tonawanda High School "Administrator" Continues to Jeopardize Safety of Students, Staff and Visitors" was removed from this BLOG by me for the reason that in re-reading TONAWANDA NEWS reporter Phil Dzikiy's article "NORTH TONAWANDA: Bomb threat at NTHS" conflicting statements were noticed related to the procedure(s) followed during the bomb threat alleged to have occurred 11 January 2008 at North Tonawanda High School. According to a statement by Lieutenant Tom Krantz, "North Tonawanda police checked the school and determined there was no credible threat before children went back to classes,..." This statement by Lieutenant Krantz contradicts North Tonawanda High School Principal Jim Fisher's statement that "The school entered lockdown mode twice, ...""Fisher sent a voice message to all parents of high school students that explained the school was first locked down for the bomb threat,...". "During lockdown, students stay in their classrooms until given further directions, Fisher said."

Nevertheless, lock down procedures are not to be used for a bomb threat occurring or that could occur inside the facility.

Principal Fisher has a well-documented history of negligent responses to violent incidents including under-reporting violent incidents to New York State Education Department and failures to notify local law enforcement upon notification of violent incidents, compromising the safety of students, staff, and visitors. Principal Fisher alleges upon SWORN Affidavit a series of "6 or 7 bomb threats" occurring the period of October 7 through October 12, 2005, where three were reported (one of which North Tonawanda Police Department indicates no report was required/October 12, 2005), which leaves "3 or 4 bomb threats" where no action was taken as required by law. Principal Fisher's mal-administrative and illegal and fraudulent responses to violent incidents remain yet un-redressed. Commissioner of Education Mills, along with numerous state agencies and individuals, has knowledge of these matters and has made every effort to keep all matters closed and un-redressed.

To read TONAWANDA NEWS reporter Phil Dzikiy's article " NORTH TONAWANDA: Bomb threat at NTHS" visit http:www.tonawanda-news.com or contact reporter Phil Dzikiy at 693-100, ext. 114.

To obtain a copy of Emergency Management Operations Plan Quick Reference Guide for North Tonawanda City School District, call or visit City of North Tonawanda School District Administration Building, located at 175 Humphrey Street, N Tonawanda. The publication is free to the public.

North Tonawanda Police Department Refuses to Disclose Whereabouts of NTHS Crime Scene Evidence

2008-01-19T21:17:00.001-05:00

The Standards: Freedom of Information Law (FOIL). REQUEST FOR RECORDS.

The Truths: In correspondence dated January 15, 2008 from North Tonawanda City Attorney Shawn P. Nickerson, Attorney Nickerson continues to indicate that NTPD reiterates that they have no photographs of crime scenes taken at North Tonawanda High School in October 2005.

"Dear Ms. Mangus:

Thank you for your letter of December 28, 2007, alledging [sic] that the City is somehow holding back information from your recent FOIL request. Please be advised that the City is not required to keep old information indefinitely, and you have been given all of the information that is still available. Additionally, as we stated in our last letter to you, we did ask the NTPD to re-check their files for the existence of photographs, and they reiterate that they have none.

That being said, we realize that you can come in to view the NTPD Manual for Standard Operating Procedures and Rules and Regulations, and make the copies you need. However, your original request for information did not state that you wanted to come in to review the Manual. You did state, "I am also requesting all documents that describe or reflect the procedures followed by investigating officers on this matter, .......". Therefore, we assumed you wanted a copy of the Manual. We are here during regular business hours if you wish to come in to review the Manual.

Lastly, I am returning your money order, which you alledge [sic] was illegally billed. Since you seem to be testing this office as to the NYS FOIL law, please remit what you think you owe for the documents already provided to you. Then, if you decide to come in to photocopy pages from the Manual, be prepared to pay $.25 per page for whatever you photocopy at the time you come in. I would suggest that you call ahead to make sure that there are no meetings going on so that someone is here when you come in. Lastly, I'm sure you know that the City is not required by law to mail out information requested in FOIL requests, but we have done so as a courtesy.

Very truly yours,

Shawn P. Nickerson/kl
City Attorney"

The City of North Tonawanda Police Department is clearly resisting an explanation of where the photographic evidence is. The FOIL request is not simply for "old information". Again, crime scene(s) evidence cannot be destroyed or disappear without explanation (ie the date of destruction and who authorized the destruction of evidence), and there is documented evidence that photographs of the crime scene(s) were in fact taken by NTPD Captain Detective Hall, Detective Kalota, and Detective Mahoney.

The balance of City Attorney Nickerson's correspondence is self-explanatory and will be addressed accordingly. A "FOIL" Appeal will be directed to City of North Tonawanda Honorable Mayor Soos and Common Council.

Assistant City Attorney Sondel Responds on Behalf of City Attorney Nickerson to "FOIL" Request for Records Related to NTHS Bomb Threats

2007-12-29T01:23:00.000-05:00

The Standards: Freedom of Information Law ("FOIL") REQUEST FOR RECORDS.

The Truths: Although City of North Tonawanda City Attorney's Office has been prompt in its response to the "FOIL" Request for Records, by letter dated December 27, 2007, North Tonawanda Assistant City Attorney Robert Sondel responds to my correspondence dated 21 December 2007, to City Attorney Shawn Nickerson, regarding an apparent failure to comply with "FOIL" Request for Records:

"Dear Ms. Mangus:

In response to your letter dated 12/21/07, regarding the City's response to your FOIL request, please be advised that the information provided to you was the only information provided to this office from the North Tonawanda Police Department. Recordings of telephone conversations are kept by the City for 30 days only, so those are no longer in existence. Also, the NTPD states that there are no photos to correspond with your request, although we asked that they check again to be sure.

Lastly, the Manual for Standard Operating Procedures and Rules and Regulations for the North Tonawanda Police Department could be provided to you at a cost of $85.75 (343 pages at $.25 each).

We have not denied any part of your request, but have provided to you the information that is still available. Should you have any questions, please do not hesitate to contact this office.

Very truly yours,

Robert Sondel/a
Assistant City Attorney"

Chief Szukala, NTPD was copied on Assistant City Attorney Robert Sondel's correspondence.

Assistant City Attorney Sondel, conveys NTPD "states that there are no photos to correspond with your request,..." yet there is evidence that photographs were in fact taken of the crime scenes by North Tonawanda Police Detective Captain Hall and Detective Kalota on October 7, 2005 and by Lieutenant Mahoney on October 11, 2005. Therefore, consistent with "FOIL", the City must provide an explanation as to why the information is no longer available.

Evidence gathered at crime scenes can not simply be destroyed by the agency. If the photographs taken of the crime scenes by Detective Captain Hall and Detective Kalota on October 7, 2005 and, again in a separate bomb threat, on October 11, 2005 by Lieutenant Mahoney were in fact destroyed, the agency must state this in writing and include the date of and authority for such destruction.

Furthermore, Assistant City Attorney Sondel's correspondence fails to provide an explanation as to why "No Report [Was] Required" for an alleged bomb threat occurring at North Tonawanda High School on 12 October 2005.

The correspondence also fails to provide an explanation for the apparent over-charge by City of North Tonawanda Office of the City Attorney for the cost of copying records ($11.25/11 pages) and, Assistant City Attorney Sondel fails to provide the name, address and email address, of the person or body to whom an appeal can be directed.

The foregoing information has again been requested by letter dated 28 December 2007 to Assistant City Attorney Sondel; City Attorney Nickerson was copied.

North Tonawanda City Attorney Shawn Nickerson's Response to "FOIL" Request Fails to Comply With NYS Laws and Procedures

2007-12-27T07:30:00.000-05:00

The Standards: An agency is required by law to notify the requester in writing when, among other matters, any part of the "FOIL" request will be denied. Furthermore, if any part of the request is denied, an agency is also required by law to notify the requester in writing the reasons for the denial and provide the name, address and email address of the person or body to whom an appeal should be directed. Additionally, an agency may charge up to twenty-five cents ($.25) per photocopy not in excess of nine by fourteen inches, or in the case of records that can not be photocopied, the actual cost of reproduction, unless otherwise prescribed by statute.

The Truths: On 17 December 2007, after a "No Reply" from North Tonawanda City Chief of Police Randy Szukala who defied NYS laws and procedures to "FOIL" Request for Records related to all bomb threats occurring at North Tonawanda High School, located at 405 Meadow Drive, North Tonawanda, New York for the 2005-2006 school year, I forwarded a similar "FOIL" Request for Records, via certified mail/return receipt requested, to North Tonawanda City Attorney Shawn Nickerson, and as suggested by him. I again requested agency records within the possession and control of the City of North Tonawanda Police Department and to include papers, reports/incident reports, letters, films, photographs, and sound recordings related to all bomb threats occurring at North Tonawanda High School during the 2005-2006 school year. I also (again) requested all documents that describe or reflect the procedures followed by investigating officers on this matter, as well as a record of calls made to Emergency 911 response system and, if the call was transferred to the Fire Department or the Emergency Medical Service, a record of those calls as well.

On 20 December 2007, I received from City Attorney Shawn Nickerson's office, two (2) North Tonawanda Police Department NYS Incident Reports, one (1) City of North Tonawanda Department of Police Crime Scene Log, and three (3) North Tonawanda Police Department Incident Maintenance Logs, totaling eleven (11) pages, plus an Invoice (No. 1160) in the amount of $11.25, evidently representing the cost of copying (over $1.00 per page). A written response to the "FOIL" request for records was not enclosed as required by "FOIL" law and procedure to provide an explanation as to why parts of the request were denied (among other matters, evidence of photographs of the crime scene exist, yet were not provided and without explanation; nor was the name, address and email address of the person or body to whom an appeal can be directed provided).

On 21 December 2007, via certified mail/return receipt requested, I again directed correspondence to City Attorney Shawn Nickerson, pointing out the failure to comply with Freedom of Information Laws and requested a written response, consistent to and within the time prescribed by law, to "FOIL" Request for Records relating to all bomb threats occurring at City of North Tonawanda School District, North Tonawanda High School, during the 2005-2006 school year.

"No Reply" from North Tonawanda Police Department Chief of Police Szukala to "FOIL" Request Related to Bomb Threats at NTHS 2005-2006 School Year

2007-12-17T10:54:00.000-05:00

The Standards: The Freedom of Information Law ("FOIL") is a New York state law that establishes rights similar to the Freedom of Information-Privacy Acts ("FOIPA") enacted in 1966 to establish the publics' right to obtain information from federal government agencies. If you are requesting records from a federal government agency, you must file a request under the federal Freedom of Information-Privacy Acts ("FOIPA"). If you are requesting records from a state or local agency (i.e. your state or local police department), you must file a request under the Freedom of Information Law ("FOIL").

A "requester" can obtain "agency records", which has been broadly interpreted by the Courts to mean: all types of documentary information within the possession and control of the "agency", such as papers, reports, letters, films, photographs, and sound recordings; physical objects can not be recovered.

Although there are several exemptions under both the federal "FOIPA" law and New York state "FOIL" law, federal agencies are nevertheless required to respond within twenty (20) business days and state or local agencies are required to respond within five (5) business days after the receipt of the request to either make the requested records available to you, deny the request, or acknowledge the request and state an approximate date when your request will be granted or denied. An appeal can be filed with higher officials within the agency if the agency denies your request. The person or body to whom the appeal should be directed should be conveyed in the agency's response letter. If an appeal to a "higher official" is rejected, the requester can file suit in federal court for "FOIPA" requests and in state court for "FOIL" requests where the agency will bear the burden of justifying the denial of your request (www.dos.state.ny.us/foil2.html, www.nycosh.org and aclu.org).

The Truths: On December 6 2007, via Certified Mail/Return Receipt Requested, a "FOIL" Request for Records was made to City of North Tonawanda Police Department, Chief of Police and Records Access Officer, Randy D. Szukala. The "item" was delivered at 10:01 AM on December 7, 2007 and signed for by Maureen Balling. To date (17 December 2007), "No Reply" has been received from Chief Szukala to the "FOIL" Request for Records. The "FOIL" request included a request for agency records within the possession and control of the City of North Tonawanda Police Department to include papers, reports/incident reports, letters, films, photographs, and sound recordings, related to all bomb threats occurring at North Tonawanda High School, located at 405 Meadow Drive, North Tonawanda, New York during the 2005-2006 school year (September 2005 through June 30, 2006). A request was also made for all documents that describe or reflect the procedures followed by investigating officers on this matter, as well as a record of calls made to Emergency 911 response system and, if the call was transferred to the Fire Department or the Emergency Medical Service, a record of those calls as well.

A "No Reply" by Chief Szukala to the "FOIL" request within the time prescribed by law led me to telephone North Tonawanda City Attorney Shawn P. Nickerson who, this morning, indicated that I could direct the "FOIL" Request for Records to his attention.

A Freedom of Information-Privacy Acts ("FOIPA") Request for Records similar to the "FOIL" Request for Records to City of North Tonawanda Police Department Chief of Police and Records Access Officer Randy Szukala was also made to the U.S. Department of Justice, Federal Bureau of Investigations, who promptly and courteously replied well within the time prescribed by law, "No records responsive to your "FOIPA" request were located by a search of the automated indices."

State of New York Office of the State Comptroller Forwards Complaint Against North Tonawanda School District to Commissioner of Education Mills

2007-12-01T05:55:00.000-05:00

The Standards: According to correspondence recently received from Associate Counsel Albert Wm. Brooks, State of New York Office of the State Comptroller, "the reporting of violent or disruptive incidents is required by section 2802 of the Education Law. Under this provision, school districts are required to report annually to the Department of Education (Department), in a form and by a date prescribed by the Commissioner of Education (Commissioner), information concerning violent and disruptive incidents that occurred in the prior school year. Section 100.2(gg) of the Commissioner's regulations (8NYCRR 100.2(gg)) defines the types of violent incidents that must be reported and the additional information that must be included in the annual report. The Department is required to assess the reported information and determine whether any schools should be designated as persistently dangerous because of their violent and disruptive incidents.

In accordance with section 305(1) of the Education Law, the Commissioner is charged with enforcing all general and special laws relating to the education system and with executing all educational policies of the Board of Regents. Further, section 306(1) of the Education Law authorizes the Commissioner to withhold from any district or city its share of public moneys for willfully disobeying any provision of law or any decision, order or regulation. Finally, the Commissioner is authorized by section 308 of the Education Law to institute any proceeding as may be necessary to properly enforce and give effect to any provision of the Education Law.

The Office of the State Comptroller has audited the Department's oversight of this incident reporting program, pursuant to its authority under the State Constitution and the State Finance Law. However, in accordance with the provisions of the Education Law cited above, the Department of Education would have the authority to initiate such other action as might be appropriate upon a determination that the information provided by a particular school district in its annual reporting was inaccurate or otherwise deficient. Accordingly, we are forwarding your complaint to the Commissioner of Education."

North Tonawanda City School District Conduct, Operation and Maintenance of Extracurricular Activities

2007-11-23T22:34:00.000-05:00

The Standards: Students desiring to form an Extracurricular activity shall petition their principal in writing . The petition shall state the purpose and describe the activities of the proposed Extracurricular activity and shall be signed by at least seven students. If the purpose of the proposed Extracurricular activity falls within the scope of educational or school service purposes and if the necessary space and equipment are available, the principal in conjunction with the petitioning students, shall seek a suitable adviser. When these procedures have been completed, the building principal shall recommend to the superintendent that the Extracurricular activity be approved as a "pilot" activity. After at least one school year of functioning on a pilot basis (advisor not paid), the principal may submit a request to the Superintendent for formal Board approval and a paid advisorship. (Regulation 2004 7410R.1, 1 of 2, City of North Tonawanda School District).

The Truths: Principal Fisher, holding knowledge of City of North Tonawanda School District policy and procedure and rules and regulations for Conduct, Operation and Maintenance of Extracurricular Activities, met "...with Michael in mid-September in reference to his request to solicit an advisor for a club that would promote tolerance and awareness of homosexual issues. I offered my full support of Michael's desire to send a memorandum to the staff seeking a volunteer advisor. With my express approval, he sent a memorandum to the faculty. (Respondent's Affidavit, Case No. 10108712, January 31, 2007, NYS Division of Human Rights).

Principal Fisher holding further knowledge of the hostile climate toward Michael and children like Michael, and shortly before Principal Fisher's alleged series of "6 or 7" bomb threats (apparently under-reported to NYSED/Violent Incident Reporting) occurring the week of October 7 through and including October 12, 2005 (the date Michael discovered the written death threat in his NTHS day planner), permitted Michael to circulate approximately 125 of the following "memorandum" to North Tonawanda High School Faculty and Staff:

"Dear Teachers and Staff of NTHS:

My name is Michael Mangus, I am 14 years old and in 9th grade. I came out last year, to the whole Middle School and High School, pretty much all of NT. I'm gay, and well very proud of it! All of my friends accept me and a lot of people do accept it. But, there are others that are not totally accepting of it. Trust me, getting called a faggot all day long by guys isn't that great of a feeling. So, I was thinking, maybe NTHS could have a Gay - Straight Alliance. I have talked to Mr. Fisher and Mrs. Fisher about this, and they said that I just need an advisor. So here is where you come in [smiley]! I want the word to get around to all teachers and staff, who don't have a busy schedule to help me with creating this club. It will be after school, not for a long time probably just during the activity period or until 3:00 or something. Not that long. It will be once a week or maybe once every two weeks if you want to. We would talk about issues in the gay community, and really help the students learn and understand more about gay life pretty much! There are special holidays in the gay community that we would do, like National Coming out day (October 11), and there is silent day in April. And I will obviously explain all these later. But I know this would be a great thing to do to stop the hate and discrimination here at NTHS. If anyone at all would like to be an advisor, this goes for Teachers and Staff, please let me know, ASAP!! Please fill out this form and hand it into my homeroom teacher (Mrs. Paul room 128), or call me! My information is listed below.

Sincerely,
Michael A. Mangus..."

Michael received one response to his innocent effort to solicit an advisor in the manner "expressly approved" by Principal Fisher and promoted by Mrs. Fisher. Michael was clearly placed in a situation that set him up to fail, further compromise his safety, and suffer emotional injury. Michael later conveyed to me that he heard rumors of mockery by numerous faculty and staff, and Michael was devastated.

Mrs. Fisher (Colleen M. Fisher), was assigned to Michael as a "school guidance counselor" for the 2005-2006 school year. According to New York State Education Department TEACH records, Mrs. Fisher held permanent certification in Health and was issued a "school guidance counselor provisional certificate" which expired September 2005. I later learned that Mrs. Fisher was appointed as a long-term substitute "school guidance counselor" at North Tonawanda High School for the 2005-2006 school year, and left North Tonawanda High School at the end of the 2005-2006 school term. The original NYSED TEACH record reflecting Colleen M. Fisher's licensing status as "school guidance counselor provisional status expires 2005", appears to have been removed from NYSED TEACH Inquiry System; NYSED TEACH record now reflects "School Guidance Counselor" certified status 2007.

New York State Division of Human Rights, Buffalo Division (Case No. 10108712), holds all documentary evidence and SWORN statements of Principal Fisher's "express approval" to Michael to circulate this "memorandum".

New York State School Report Card 2005-2006 North Tonawanda High School

2007-11-09T17:57:00.000-05:00

The Standards: The Safe Schools Against Violence in Education Act (SAVE) was passed by the New York State Legislature and signed into law by then Governor George E. Pataki on July 24, 2000. In response to the legislation, the New York State Board of Regents amended the Regulations of the Commissioner of Education, Section 100.22 (gg) by emergency action, and made permanent in June 2001, to provide specifications for the creation of a uniform violent incident reporting system. The Regulations were developed in consultation with the Division of Criminal Justice Services and with legislative and executive staff. The Regulations make use of definitions of crimes taken from the Penal Law and require schools to record and report information on violent and disruptive incidents to New York State Education Department.

Six (6) years later, in a press release dated May 22, 2006, "Commissioner Mills Announces Actions To Improve School District Reporting of Violent Incidents". Commissioner Mills' press release was spawned by "a new audit of school district data for 2003-2004 recently conducted by the State Comptroller and by increasing concerns among the Regents and State Education Department officials that data reporting by schools is irregular and inadequate."

State Education Commissioner Richard Mills said, "The Comptroller's audit confirms our increased concerns about underreporting in schools,"... "Creating a safe environment is critical and fundamental for learning. More must - and will - be done to get full compliance. The Board of Regents and the State Education Department are taking aggressive actions to ensure accurate reporting and compliance." (For Immediate Release, May 22, 2006, Commissioner Mills Announces Actions to Improve School District Reporting of Violent Incidents).

The Truths: Commissioner Mills had knowledge of the violence occurring against Michael while Michael was in attendance at North Tonawanda High School as early as November 7, 2005, including a copy of the written death threat against Michael, and Commissioner Mills failed to take the actions he claims "to improve school district reporting of violent incidents."

Further, John H. George, former Superintendent of City of North Tonawanda School District, held knowledge of both the death threat against Michael's life due to Michael's sexual orientation and gender expression, and a "series of six (6) or seven (7) bomb threats", all occurring (upon SWORN Affidavit of James V. Fisher, Principal North Tonawanda High School) between October 7 and October 12, 2005. Dr. George was responsible for compliance with the requirement of superintendents' certification of districts' violent and disruptive incidents reports to New York State Education Department for the 2005-2006 school year; Dr. George was also responsible for the accuracy of the data reported for the 2005-2006 New York State School Report Card.

A complaint has been filed with New York State Office State Comptroller Investigations and Accountability Divisions against City of North Tonawanda School District for under-reporting its violent incidents for the 2005-2006 school year; a complete investigation into this matter is expected.

A comprehensive list of New York State Comptroller's recommendations and State Education Department actions can be read at http://www.emsc.nysed.gov/sss/SAVE.

New York State Division of Human Rights Purposes of Article 290

2007-11-08T09:30:00.000-05:00

The Standards: Article 290 of the New York State Division of Human Rights Laws and Regulations is known as the "Human Rights Law". It states in part:

"The legislature hereby finds and declares that the state has the responsibility to act to assure that every individual within this state is afforded an equal opportunity to enjoy a full and productive life and that the failure to provide such equal opportunity whether because of discrimination, prejudice, intolerance or inadequate education...threatens the rights and proper privileges of its inhabitants...". (290. Purposes of Article 3., NYS Division of Human Rights).

The Truths: Not every individual within this state is afforded an equal opportunity to enjoy a full and productive life, including equal opportunity in education and equal protection of the laws. Defective or corrupt administrations rather than defective policy is usually to blame. Laws and regulations are clearly in place to protect individuals from the forms of discrimination, harassment, intimidation and bullying that both Michael and I have been subject too by numerous state agencies and individuals who egregiously and illegally abuse the "Human Rights Law".

In the case of Michael, New York State Division of Human Rights holds sufficient knowledge and credible evidence that numerous state agencies and individuals, including the City of North Tonawanda School District, repeatedly denied Michael an equal opportunity to enjoy a full and productive life, which includes his civil right to equal access to education and equal protection of the laws. Yet, further by letter dated June 14, 2007, from New York State Division of Human Rights, Acting General Counsel, Caroline J. Downey states:

"Pursuant to Rule 20 (c), where an appeal is not taken and the time to appeal has expired, a reopening of a no probable cause determination may be predicated only upon actions occurring subsequent to the investigation, or an allegation of newly discovered evidence of wrongdoing, fraud or irregularity which could not, with due diligence, have been discovered before the dismissal of the complaint (9 N.Y.C.R.R. Section 465.20 (c)). A careful review of your case does not support a reopening under this section."

NYS Division of Human Rights Complaint Pursuant to Article 15 of the Executive Law of the State of New York

2007-10-25T10:21:00.001-04:00

The Truths: On November 8, 2005, I filed a Complaint Pursuant to Executive Law, Article 15, charging the North Tonawanda City School District with an unlawful discriminatory practice relating to education in violation of Article 15 of the Executive Law of the State of New York (Human Rights Law) because of sexual orientation.

"The particulars are:

1. I have a son, Michael Mangus, who is gay. Because of this, my son has been subject to unlawful discriminatory actions.

2. My son began attending the high school in September 2005. During the first week of school and continuing Michael has been harassed constantly by other students because he is gay. I brought this to the attention of James V. Fisher, Principal, on a regular basis. To date no corrective action has been taken to protect my son.

3. On October 12, 2005 Michael discovered a death threat which was written into his day planner.

4. On October 12, 2005 I met with James V. Fisher regarding the death threat. His solution was that Michael should "tone it down". Mr. Fisher has refused to take appropriate action or to report the matter to the police as required.

5. I have, on behalf of Michael, kept the Superintendent of the School District, John George, informed of these matters from the beginning. Dr. George has not taken the appropriate steps to ensure my son has a safe environment in which to learn." (Verified Complaint Pursuant to Executive Law, Article 15, Case No. 10108712, NYS Division of Human Rights).

I received a copy of the North Tonawanda City School District's written response to my Complaint on or about November 18, 2005:

"The North Tonawanda City School District, through its attorneys, Norton/Radin/Hoover/Freedman, Andrew J. Freedman, Esq., of Counsel hereby responds to the Complaint by Stating the following:

1. Respondent admits paragraph numbered one in so much as it states that "I have a son, Michael Mangus, who is gay" Respondent denies all other allegations contained in that paragraph.

2. Respondent admits paragraph numbered two in so much as it states "My son began attending the high school in September 2005." Respondent denies all other allegations contained in that paragraph.

3. Respondent denies information and knowledge sufficient to form a belief so as to admit or deny paragraph numbered three.

4. Respondent admits paragraph numbered four in so much as it states "On October 12, 2005 I met with James V. Fisher". Respondent denies information and knowledge sufficient to form a belief as to the paragraph stating "the death threat". Respondent denies all other allegations contained in that paragraph.

5. Respondent denies information and knowledge sufficient to form a belief so as to admit or deny paragraph numbered five." (Response, Case No. 10108712, NYS Division of Human Rights, Received NOV 16, 2005, Buffalo Regional Office).

At that time, then Regional Director, William P. Marks, asked that I submit a written response (known as a "rebuttal") to the City of North Tonawanda School District's Response:

"Rhonda J. Mangus on behalf of her minor child Michael Mangus re-butts The City of North Tonawanda School District's Response to her Complaint as follows:

1. Complainant's rebuttal to Respondent's paragraph numbered 1: Complainant asserts that Respondent, having actual notice that a crime had been committed against Complainant's minor child Michael, violated North Tonawanda City School District Code of Conduct Section 14. Reporting Code Violations, Title IX* and the Equal Protection Clause of the Fourteenth Amendment by failing to take prompt, reasonable, and effective action to address the harassment of Michael on the basis of sexual orientation.

2. Complainant's rebuttal to Respondent's paragraph numbered 2: Complainant had on several occasions conversed with Respondent James V. Fisher regarding, among other things, the harassment of Michael based on his sexual orientation and, in fact, authorized the release (and exchange) of information between Louis Moran, ACSW and Marvin Henchberger, Director of Gay Lesbian Youth Services to the North Tonawanda City School District due, in part, to these conversations. (See Exhibit A).

3. Complainant's rebuttal to Respondent's paragraph numbered 3: Complainant asserts that Respondent James V. Fisher has sufficient information and knowledge to form a belief that Michael discovered a death threat against him and which was written into his NTHS day planner:

(A) Complainant, after receiving a telephone call from Michael on October 12th, 2005 at approximately 11:30 a.m. regarding the death threat, telephoned NTHS Attendance Office and indicated that Michael should be ready for release to Complainant.

(B) When Complainant entered NTHS Main Office at approximately 12:20 p.m. there was some commotion due to the fact that a student had just walked out of Mr. Carr's (Regent English 9) classroom. The student was Complainant's minor child, Michael. Complainant left the Main Office to look for Michael. When Complainant located Michael it was evident to Complainant that Michael was distressed by the discovery of the written death threat against him. Complainant calmed Michael before returning (with him) to the Main Office.

(C) Complainant and Michael promptly reported the violation of the Code of Conduct on October 12th to Respondent James V. Fisher and pursuant to North Tonawanda City Schools District Code of Conduct Section 14. Reporting Code Violations.

(i) Complainant, upon re-entering the Main Office with Michael, found several people, including Respondent James V. Fisher, standing behind the main office counter. At that time, Complainant asked Respondent if she could speak to him. Respondent indicated, in so many words; that he had very little time, but agreed to a brief meeting regarding this matter.

However, before Complainant and Michael entered Respondent's office, a person unknown to Complainant quickly motioned to Complainant indicating that she wanted to show the day planner to Respondent before Complainant and Michael met with him. With Michael's day planner now in hand, she motioned Respondent to an office located inside the Main Office. Very little time passed before she and Respondent exited the office. She returned the day planner to Complainant. Respondent, Michael, and Complainant then proceeded to Respondent's office to discuss the matter.

(A) That during the course of the meeting, and in the face of a complaint of Aggravated Harassment, Respondent James V. Fisher treated Michael as if he were the problem. Respondent, among other things, conveyed to Michael matter of fact, and in the presence of Complainant, "you've got to tone it down". Michael's response was "What more can I do? I'm trying."

(B) That at no time during the course of the meeting with Complainant and Michael did Respondent indicate that he would investigate this matter and/or notify the appropriate local law enforcement agency as required by North Tonawanda City District schools Code of Conduct Section 14. Reporting Code Violations, Title IX* and the Equal Protection Clause of the Fourteenth Amendment. Consequently, Complainant, on behalf of Michael, filed a complaint of Aggravated Harassment with the City of North Tonawanda Police Department on 12 October 2005 (See Exhibit B).

5. Complainant's rebuttal to Respondent's paragraph numbered 5: Complainant asserts that Respondent Superintendent of Schools Dr. John George has information and knowledge sufficient to form a belief.

(A) Complainant has copied Respondent Dr. John George on the following correspondence to Respondent James V. Fisher regarding this matter dated the 12th, 14th, 18th, 20th, and 24th respectively. (See Exhibit C).

(B) Complainant in correspondence dated 26 October 2005, communicated directly to Respondent Dr. John George referring, in part, to this matter (See Exhibit D) (Rebuttal Case No. 10108712, dated 20 November 2005, NYS Division of Human Rights)

* Title IX: I learned by letter dated December 6, 2005, from the United States Department of Education, Office for Civil Rights, after filing a complaint against Principal Fisher with the United States Department of Education, Office for Civil Rights, that they are responsible for enforcing five federal laws that prohibit discrimination on the bases of race, color, national origin, disability, age and sex in any programs that receive financial assistance from the U.S. Department of Education. OCR does not have jurisdiction over allegations of discrimination based upon sexual orientation and this lack of jurisdiction must receive attention and change as our GLBTQ Youth number over 2 million in schools across the United States and our GLBTQ Youth should be afforded the same protections that prohibit discrimination on the bases aforementioned.

Nevertheless, the United States Department of Education, Office for Civil Rights, holds knowledge of my allegations that City of North Tonawanda School District did not investigate the death threat relating to Michael's sexual orientation even though they had sufficient information to do so, that North Tonawanda Senior High School Principal James V. Fisher made false statements regarding the threat to the North Tonawanda Police Department, and that North Tonawanda Senior High School Principal James V. Fisher prevented me from collecting Michael's class work and homework; each action a violation at the very least of several laws of the State of New York.

NYS Division of Human Rights Finds "No Probable Cause" that City of North Tonawanda School District Was Engaging In Unlawful Discriminatory Practice

2007-10-25T08:00:00.000-04:00

The Standards: The NYS Division of Human Rights Commissioner or designee are given broad authority to investigate and pass upon complaints alleging violations of the Executive Law of the State of New York. To test and investigate and to make, sign and file complaints alleging violations of the Human Rights Law and to initiate investigations (Article 15 of the Executive Law, NYS Division of Human Rights, Laws and Regulations).

In A Determination and Order After Investigation, dated 2/27/07, on the Complaint I filed with the NYS Division of Human Rights on behalf of Michael against North Tonawanda City School District charging North Tonawanda City School District with an unlawful discriminatory practice relating to education in violation of Article 15 of the Executive Law of the State of New York (Human Rights Law) because of sexual orientation, NYS Division of Human Rights Regional Director, Tasha Moore, found "No Probable Cause" that the City of North Tonawanda School District was engaging in discriminatory practice relating to education because of sexual orientation.

Regional Director, Tasha Moore, states in her Determination and Order After Investigation (Case No. 10108712):

"After investigation, and following opportunity for review of related information and evidence by the named parties, the Division of Human Rights has determined that there is NO PROBABLE CAUSE to believe that the respondent has engaged in or is engaging in the unlawful discriminatory practice complained of. This determination is based on the following:

The investigation did not reveal sufficient evidence to support a belief that Complainant's son was discriminated against in regard to education, because of his sexual orientation. The investigation revealed that ... when Complainant's son informed Respondent of harassment in a gym class due to his sexual orientation, Respondent attempted to address the problem but he refused to identify the students harassing him. The record shows Respondent took appropriate steps by affording him the opportunity to change in a separate room and make up work for the first 10 week period while working with a social worker and mentor to return for the next marking period. The record indicates Complainant's son was not told to "tone it down" by the Principal; this was suggested by a social worker and mentor working with him. The record shows Respondent Principal met with Complainant and her son the same day the death threat was found, but was unable to complete an investigation because the threat was anonymous, the teacher could not identify the handwriting and Complainant's son could not identify anyone who might have written the threat. Respondent states there could have been 100 to 150 students in and out of the room where the planner was left, for various classes. Complainant confirmed the police department was also unable to proceed with an investigation of the threat. Respondent proposed an alternative school program for Complainant's son for the safety issue, as well as prior concerns related to poor school work and behavior, which Complainant rejected. The evidence does not support a belief that Respondent discriminated against Complainant's son because of his sexual orientation.

The Complaint is therefore ordered dismissed and the file is closed." (Determination and Order After Investigation, Case No. 10108712, NYS Division of Human Rights, 2/27/07).

Ms. Moore held sufficient knowledge and substantial material evidence that among other matters, North Tonawanda City School District denied Michael had been harassed constantly by other students because he is gay, denied I brought this to the attention of James V. Fisher Principal, on a regular basis, denied having information and knowledge sufficient to form a belief so as to admit or deny that on October 12, 2005, Michael discovered a death threat which was written into his day planner, and denied information and knowledge sufficient to form a belief as to the paragraph "His solution was that Michael should "tone it down" and that James V. Fisher refused to take appropriate action or to report the matter to the police as required." (denial statements from: Copy Respondent's Response, Case No. 10108712, NYS Division of Human Rights, RECEIVED NOV 16 2005 Buffalo Regional Office)

The Truths: The record could not show that "...Respondent took appropriate steps by affording him the opportunity to change in a separate room and make up work for the first 10 week period while working with a social worker and mentor to return for the next marking period."

Upon sworn Affidavit of Respondent James V. Fisher, Principal of the North Tonawanda Senior High School, Michael "...was offered a contract soon after September 29 that relieved him of traditional participation in Physical Education." (Respondent's Affidavit, #7., Case No. 10108712, NYS Division of Human Rights), and

"Despite the development of a contract allowing alternatives to traditional participation in Physical Education, Michael seldom reported to the class. Part of this contract stipulated that Michael would not be required to change into physical education attire for the remainder of the first quarter of the school year." (Respondent's Affidavit, #10., Case No. 10108712, NYS Division of Human Rights)

(I have not been able to obtain a copy of this alleged "contract". If in fact Michael entered into this alleged "contract", Michael entered into it without my knowledge or consent. A violation of law upon the child as a minor, who has no authority to enter into a "contract" without express written consent or authorization from the parent. )

Respondent James V. Fisher further alleges: "Mrs. Mangus alleges that the extent of my concern was to advise Michael to "tone it down." This narrow excerpt from our total conversation was derived from my recollection of a previous conversation I had with his social worker, who had met with Michael, and had discussed ways in which Michael might draw less attention to himself." "...". (Respondent's Affidavit, #20., Case No. 101087121, NYS Division of Human Rights).

"Discussions with the school Social Worker are confidential." (North Tonawanda City School District, Policies & Regulations, Social Work Services, page 36, NTHS Day Planner 2005-2006) and Michael's privileged communications (if this communication in fact took place) were exploited and unlawfully released to and obtained by Principal James V. Fisher.

The "Record" , among other matters, also does not show:

1. By letter dated 14 October 2005, James V. Fisher Principal, North Tonawanda High School was provided sufficient information to proceed with an investigation (Rebuttal, Exhibit C, Case No. 10108712, NYS Division of Human Rights). Principal Fisher and City of North Tonawanda Police Department willfully and intentionally quashed the investigation.

2. By letter dated 18 October 2005, James V. Fisher Principal, North Tonawanda High School was informed that the Alternative High School program was not an option for the reasons "It appears to me that the location (Boys & Girls Club on Franklin Street in Tonawanda) is not a secure location. People can, and did arbitrarily walk in and out of the building with no apparent supervision. Additionally, the aesthetics are poor. More important, according to members of your staff, the Boys & Girls Club does not supply heat to the building on a regular basis, claiming it is too expensive. And, when the heating system needs repair, they hope to find someone who will fund it; otherwise the problem(s) is not addressed appropriately. The students as well as members of your staff were apparently cold." I also reiterated that
"...when I suggested that, in particular, the heating needs to be addressed by you, you indicated that it's the Boys & Girls Club responsibility." (Rebuttal, Exhibit C, Case No. 10108712, NYS Division of Human Rights).

I questioned Ms. Moore's competency on this matter by letter dated 25 April 2007 to Commissioner Kumiki Gibson, NYS Division of Human Rights. Ms. Moore, as an agent of the
state, is charged with examining accuracy of facts and legal specifications. Among other matters Ms. Moore should be very aware that discrimination includes separation and segregation; that securing conversations with and obtaining documents from individuals that another has privileged communication with is unlawful. Ms. Moore should also be aware that to support in writing any unlawful discriminatory remark made by any individual that is designed to oppress the authenticity of an individual or, to support in writing any practice designed to separate and segregate an individual is in fact DISCRIMINATION. Ms. Moore's decision in fact also contains false statements and attempts to portray Michael in an unfavorable light. Yet, the NYS Division of Human Rights Legal Bureau, by letter dated June 14, 2007, finds:

"There is sufficient evidence in the record that the school district took prompt and appropriate corrective action in response to your son's complaints of harassment." Additionally, the Division's determination was based on all the evidence submitted by both parties, not solely on the affidavit of Mr. Fisher. Thus we do not find that Ms. Moore failed to execute her duties appropriately."

There is also sufficient evidence in the record that City of North Tonawanda School District "school officials" were having inappropriate and harmful conversations with Michael without my knowledge and consent, and I only learned of these alleged conversations between Michael and the school social worker upon receipt of sworn Affidavit of Principal Fisher (Respondent's Affidavit, Case No. 10108712, dated January 31, 2007). A tremendous burden was being placed upon Michael by "school officials" to conform: "to tone it down", "to draw less attention to himself"; a gross violation of Michael's civil and human rights.

Please Note: The Alternative High School program, enrolling students from both Niagara and Erie counties, formerly located at the Boys & Girls Club of the Tonawandas, has this school year (2007-2008) been moved to Grant Elementary School, located in North Tonawanda, NY. It is my understanding that the students now have both heat and access to a school nurse.

City of North Tonawanda School District: Perverting the Course of Justice

2007-10-13T07:26:00.001-04:00

The Standards: It is a criminal offense to intend to pervert the course of justice. In United States jurisdictions Obstruction of Justice refers to the crime of offering interference of any sort to the work of police. Obstruction of Justice charges are laid when it is discovered that a person questioned in an investigation, who is not a suspect, has lied to investigating officers; they act in such a manner that prevents justice being served on either themselves or on a third party.

The Truths: On October 26, 2005, I learned in a telephone conversation with Detective Karen Smith, Juvenile Division, City of North Tonawanda Police Department, that Principal Fisher, North Tonawanda High School indicated to her that he never saw the written death threat in Michael's planner and that she had to show him a copy of hers. I also learned from Detective Smith that it could take weeks, or even months, for a fingerprint analysis of Michael's NTHS Day-planner, and that a handwriting sample would not be done because it is too expensive.

I sent a letter of confirmation to Detective Smith on 30 October 2005, reconfirming the points of our telephone conversation, that included the following excerpts:

"3. That you met with Mr. Fisher, Principal, NTHS, and he indicated to you that he never saw the written death threat in Michael's planner, and that you had to show him a copy of yours."

"If the foregoing does not meet with your understanding of our telephone conversation, please let me know in writing."

To this date, I have not received any correspondence from Detective Smith that our telephone conversation of 26 October 2005 did not meet with her understanding of our conversation. Furthermore, Detective Smith proceeded to fax "copies of her police report, which included a copy of the message written in the agenda planner." to Principal Fisher on 13 October 2005 (Respondent's Affidavit, #23, Case No. 10108712, NYS Division of Human Rights) and failed to bring charges against Principal Fisher for Obstruction of Justice.

Paragraph 23, in its entirety reads: "Upon speaking with Det. Smith on October 13, I learned that Mrs. Mangus had contacted Det. Smith to file a report that Michael had been threatened at school. Det. Smith sought any additional information beyond that which Mrs. Mangus and Michael had already provided to her, which was limited to the written message in the agenda planner. I replied that I did not have any additional information and that it was highly unlikely that I would be able to identify the individual responsible given the limited evidence and circumstances to which the agenda planner was subject prior to being returned to Michael. Det. Smith agreed. I also indicated that my schedule for the previous afternoon had not yet allowed me to further the investigation, noting that Mrs. Mangus would not leave the planner for me to review. Det. Smith faxed copies of her police report*, which included a copy of the message written in the agenda planner." (Respondent's Affidavit, #23, Case No. 10108712, NYS Division of Human Rights).

The facts are: Principal Fisher could not have "learned that Mrs. Mangus contacted Det. Smith to file a report that Michael had been threatened at school." because I filed a Complaint of Aggravated Harassment, on behalf of Michael, with the City of North Tonawanda Police Department on 12 October 2005 at 3:00 p.m. with an intake officer (ID No. 163) who indicated to me that the Complaint would be forwarded to the Juvenile Division (Rebuttal, Case No. 10108712, Exhibit B, NYS Division of Human Rights). Furthermore, neither Michael or I had met Detective Smith previous to 14 October, 2005, when she met with us in our home to discuss the Complaint and review the agenda planner (North Tonawanda Police Department Property Record, Complaint No. 05-20427, 10-14-05). Additionally, Principal Fisher never asked for me to leave the planner for review. After reporting the violation of the Code of Conduct on October 12th 2005 to Principal Fisher, and pursuant to North Tonawanda City Schools District Code of Conduct Section 14. Reporting Code Violations (2005-2006), I proceeded with Michael to the Attendance Office to sign Michael out of school. At this time, the attendance clerk made a copy of the written death threat in Michael's NTHS day planner.

The reason for the early release: threat against life.

By hand delivered correspondence dated 14 October 2005 to Principal Fisher and copy to Detective Smith and Dr. John George (retired Superintendent of City of North Tonawanda School District), Principal Fisher and Detective Smith were given sufficient information to aid their investigations (Rebuttal, Case No. 10108712, Exhibit C, NYS Division of Human Rights).

*The "police report" Detective Smith released to Principal Fisher without authorization from me was in fact North Tonawanda Police Dept. New York State Incident Report No. 20427, dated 12 October 2005 (Rebuttal, Case No. 10108712, Exhibit B, NYS Division of Human Rights).

NYS Office of Children & Family Services - Request for Intake Report

2007-10-05T05:11:00.000-04:00

In December 2006, I requested a copy of New York State Office of Children & Family Services Intake Report filed by North Tonawanda High School Principal James V. Fisher on November 09, 2005, for the reason that I was again reported for educational neglect. This time however, the "mandated reporter" adds inadequate guardianship as well (to be discussed in a future post).

Principal Fisher reports: "Narrative: Michael (age 14) has missed 21 days of school this academic school year. He is failing as a result of his absenteeism. The mother is aware of his poor attendance and fails to adequately address the matter. The father has an unknown role." (Dated Created: 12/19/2006 at 05:05 Page: 3 of 3).

In light of the fact that Niagara County Department of Social Services and/or New York State Office of Children & Family Services failed to initiate criminal proceedings against Principal Fisher for violating subdivision three of section 240.55 of the penal code law, I approached Niagara County District Attorney Matthew J. Murphy, III, and City of North Tonawanda Police Department Lt. Krantz , who both refused to initiate an investigation or file charges against Principal Fisher even though further and concrete evidence was presented to each of them to substantiate the charge against Principal Fisher for violating subdivision three of section 240.55 of the penal code law. District Attorney Matthew Murphy, III and Lt. Krantz were each given a copy of Respondent's Affidavit on the State Division of Human Rights Complaint of Rhonda J. Mangus, on behalf of her minor child Michael Mangus, against North Tonawanda City School District, Case No. 10108712, dated January 31, 2007:

Principal Fisher knowingly denies having knowledge of "father's role" on this matter, and it is clearly AFTER the week of 31 October 2005, that Principal Fisher initiates the report to New York State Office of Children & Family Services. Principal Fisher, in the above referenced sworn Affidavit states:

"36. Michael's father, divorced from Mrs. Mangus, contacted me during the week of October 31st. Mr. Mangus has visitation rights, and maintains close communication with Michael. Mr. Mangus contacted me after having been away on business in New York City during the entire month of October. I was very pleased about having an opportunity to renew a verbal dialog with one of Michael's parents since Mrs. Mangus had expressed that she no longer wished [to] talk with me over the phone.

37. Given the opportunity, I spoke at length with Michael's father and explained what alternatives we were able to offer Michael to protect him. I also explained the difficulties we faced in identifying the individual responsible for the anonymous message left in his agenda planner. Mr. Mangus indicated that Michael has seldom, if ever, been forthcoming with details pertinent to situations where he alleges he has been harassed.

38. After having briefed Mr. Mangus, I asked him if there was anything else that he thought that we could do to help Michael and he replied he was appreciative of everything that we had already done and that he had no other recommendations for resolving the fact that Michael had not yet returned to school. Michael's father was very affable and supportive of the school's effort." (Respondent's Affidavit, Case No. 10108712, NYS Division of Human Rights).

The Laws of New York SOS Article 6, Title 6, Section 424(8)

2007-10-05T01:12:00.000-04:00

The Standards: The Laws of New York SOS Article 6, Title 6, Section 424 (8) require child protective service workers to "refer suspected cases of falsely reporting child abuse and maltreatment in violation of subdivision three of section 240.55 of the penal law to the appropriate law enforcement agency or district attorney."

The Truths: "School Officials" are not being referred to the appropriate law enforcement agency or district attorney for falsely reporting child abuse and maltreatment. As a result, "school officials" across the United States are using this strategy to intimidate and terrorize families who do not acquiesce to their mal-administrative actions.

Principal Fisher continued with efforts to compel Michael's attendance at school that violated the Laws of the State of New York. When Principal Fisher's efforts to deny Michael his coursework failed to compel Michael's attendance, Principal Fisher made a "bad faith" report to New York State Office of Children & Family Services on November 9, 2005 (the same day City of North Tonawanda School District was served my Complaint, on behalf of Michael, against them by the New York State Division of Human Rights).

Principal Fisher was very aware of the reasons that I had removed Michael from North Tonawanda High School on 12 October 2005, and the conditions for Michael's return to school; Principal Fisher and City of North Tonawanda Police Department simply had to do what they are required to do by law: a complete investigation into the written death threat against Michael; a death threat directed toward Michael's sexual orientation and gender expression that put him in fear for his life; a terroristic threat. Principal Fisher and City of North Tonawanda Police Department refused to commence a complete investigation, even though they had sufficient information to do so. Principal Fisher would, in fact, further obstruct justice by repeatedly denying holding knowledge of the death threat in Michael's NTHS Day planner.

(Principal Fisher was also very aware at the time that he made the report to New York State Office of Children & Family Services, that I complied with state and local laws in requesting coursework for Michael, and that I was repeatedly denied access to Michael's coursework by his directive to Michael's teachers to refuse my requests for coursework.)

Substantial evidence exists that Principal Fisher made the report to New York State Office of Children & Family Services and that Principal Fisher made the report in "bad faith".

Excerpt from correspondence dated January 05, 2005 (Case ID 21687639) from Niagara County Department of Social Services to Jim Fisher (Principal Fisher placed this correspondence in Michael's "education" record):

"Dear Jim Fisher:

This letter is in response to your request, pursuant to Section 422(4) of the Social Services Law, to the findings of the investigation concerning your report of suspected child abuse or maltreatment. You made such a report in your professional or official capacity as a person required to report child abuse or maltreatment.

Office of Children and Family Services show that the report has been deemed 'unfounded'...."

In other words, Principal Fisher could not provide "credible evidence" to substantiate a charge of "educational neglect" against me. Both the caseworker and caseworker's supervisor held sufficient evidence that the report filed by Principal Fisher was intentionally false, yet Niagara County Department of Social Services and/or New York State Office of Children & Family Services failed to have charges filed against Principal Fisher as required by The Laws of the State of New York SOS Article 6, Title 6, Section 424(8).

City of North Tonawanda School District - "Willful Maladministration"

2007-10-02T01:10:00.000-04:00

The Standards: The right to Equal Access to Education is a fundamental right protected by the New York State Constitution and the United States Constitution and Equal Protection of the Law is a paramount requisite in America's public school system.

The Truths: Efforts by numerous NYS agencies and numerous individuals to keep closed and un-redressed, the matter of the violations of Michael's rights to Equal Access to Education and Equal Protection of the Law, have been unrelenting, and the cover-ups of cover-ups has been incessant.

Every documented act of willful maladministration by City of North Tonawanda School District "school officials", and the various state agencies and individuals referenced in previous post including, but not limited to: failure to follow procedures and the law, failure to investigate, failure to reply, lack of required reports, acting unreasonably or unjustly, oppressive or improperly discriminatory, acting wholly or partially on improper motives, incorrect action or failure to take action, and/or misleading or inaccurate statements, denied Michael his right to Equal Access to Education and Equal Protection of the Law.

Powers & Duties of NYS Commissioner of Education

2007-09-24T10:10:00.000-04:00

The Standards: Article 7, Section 305 (2) of Education Law of the State of New York requires that the Commissioner of Education "...shall enforce all general and special laws relating to the educational system of the state and execute all educational policies determined upon by the board of regents. He shall have general supervision over all schools and institutions which are subject to the provisions of this chapter...and shall cause the same to be examined and inspected and shall advise and guide the school officers of all district and cities of the state in relation to their duties and the general management of the schools under their control.

The Truths: In the face of repeated denials to my requests for class/homework for Michael, I forwarded to NYS Commissioner of Education, Richard P. Mills, as early as 7 November 2005, via Fax Transmission and by follow-up certified correspondence dated 8 November 2005, a request for home instruction for Michael pending the outcome of my Complaints.

Commissioner Mills was very aware that Michael had not attended City of North Tonawanda High School since the afternoon of October 12, 2005, and that the City of North Tonawanda School District, by directive of Principal James V. Fisher, City of North Tonawanda High School, was actively and unlawfully denying Michael Equal Access to Education and Equal Protection of the Laws. Commissioner Mills was forwarded all relevant correspondence on the matter through November 3 2005 including, but not limited to, a copy of the Complaint of Aggravated Harassment I filed on behalf of Michael with the City of North Tonawanda Police Department, copy of relevant pages from Michael's NTHS Day -Planner, and correspondences to (retired) Superintendent Dr. John George and Principal James V. Fisher, North Tonawanda High School inquiring respectively of the reasons for the denial of my requests for class/homework for Michael and reminding them that Principal Fisher's directive to Michael's teachers to refuse my requests for class/homework were in violation of the law; Michael was neither Truant or Unlawfully detained from regular attendance at school, the two (2) categories of "unexcused" absences in the State of New York. Michael was entitled to all class/homework for the period October 13, 2005 through and including December 4, 2005.

Commissioner Mills did not respond to my early correspondences mentioned. In fact, Commissioner Mills would over the course of the next year and one-half repeatedly and willfully fail to execute the duties off his office as required by Article 7 of the Education Law of the State of New York to enforce general and special law and hold accountable the City of North Tonawanda School District for its willful refusal to grant Michael Equal Access to Education and Equal Protection of the Laws. Commissioner Mills would in fact become an active participant in denying Michael Equal Access to Education and Equal Protection of the Laws.

United States Congress Recognizes Founding Principles of US Department of Education

2007-09-21T22:48:00.000-04:00

I have the rights to, and authority for, the education of Michael, and the United States Congress also specifically recognizes these rights. The various individuals and agencies who have repeatedly attempted to usurp my rights to the education of Michael, have also intentionally suppressed evidence that Michael's rights to Equal Access to Education and Equal Protection of the Laws have been violated.

A "system" determined to oppress the rights of the student and the rights of the parent in education requires immediate investigation and resolution. New methods of accountability and transparency must be initiated to prevent these individuals and agencies from committing such egregious acts of intentional and criminal disregard for the law.

The various individuals and agencies named herein, including the City of North Tonawanda School District, must be held accountable for such flagrancy. A Notice of Declaration and Parent Rights, courtesy of the Texas Justice Foundation, should be placed in your child's permanent "education" record as a first-step toward accountability and transparency. Please visit the Foundation at www.txjf.org. An established link is located to the right of this post. The Laws of the State of Texas should be replaced with appropriate New York State law.

NYSED Commissioner's Rules & Regulations

2007-09-19T11:43:00.000-04:00

The Standards: District Codes of Conduct must conform to the Laws of the State of New York and must be filed with the NYSED Commissioner's Office pursuant to NYSED Commissioner's Rules and Regulations and Project SAVE to assure conformity with the Laws of the State of New York.

There are two categories of unexcused absences defined in the Laws of the State of New York: TRUANT or UNLAWFULLY DETAINED. Further defined is that the New York State Education Department requires that when homework has been requested for a student, the class/homework assignments must be immediately prepared within 24 hours of the requested date of the notice.

In my decision to remove Michael from City of North Tonawanda School District, North Tonawanda High School on 12 October, 2005, I complied with the Laws of the State of New York and NT City Schools District Code of Conduct, Attendance Policy (NT City Schools Code of Conduct 2005-2006, Part B: Attendance, p. 11). I also followed the procedure for "MAKE-UP WORK FOR DAYS ABSENT.": "If a parent knows that a student will be absent for an extended period of time, requests may be made to the Attendance Office for work to be sent home. The parent should make arrangements to pick the work up in the attendance Office (Room 120). Allow one (1) day for the work to be gathered and sent to the Attendance Office."(NT City Schools Code of Conduct 2005-2006, p. 9).

The Truths: Principal James V. Fisher, NTHS, upon receiving written communication from me on 13 October 2005, stating in part "...that Michael will not return to school until I am satisfied that this matter has been thoroughly investigated by Administration and the City of North Tonawanda Police Department." (Rebuttal, Case No. 10108712, Exhibit 'C', NYS Division of Human Rights) violated the Laws of the State of New York and NT City Schools District Code of Conduct when he directed Michael's North Tonawanda High School teachers to refuse my requests for class/homework assignments for Michael. Correspondence to Principal Fisher, dated 20 October 2005, inquiring of the reason for this directive went unanswered. I continued to make daily requests for Michael's class/homework assignments even though I was repeatedly denied access to Michael's class/homework. Correspondence to then Superintendent Dr. John George regarding this unlawful denial of equal access to coursework, dated 26 October 2005, went unanswered as well (Rebuttal, Case No. 10108712, Exhibit 'D', NYS Division of Human Rights).

Principal Fisher claims that "...he had been absent from school for three days and schoolwork had been provided to him via the attendance office despite the fact that his absences were, according to Board of Education Policy, unexcused." (Respondent's Affidavit, Case No. 10108712, #29 NYS Division of Human Rights).

The denial of Michael's right to "equal access to education" spanned a period of thirty-five (35) days, commencing October 18, 2005 through and including December 4, 2005, even though North Tonawanda City Schools District could not prove Michael truant or unlawfully detained. Michael clearly received "schoolwork" for October 13 and 14, 2005, because, according to Board of Education Policy, Michael's absences were in fact "excused." On or about October 17, 2005, Michael's formerly "excused" absences are now, allegedly "unexcused" in an effort to "compel" attendance of Michael at school. The now alleged "unexcused" absences would effectively deny me access to Michael's class/homework under City of North Tonawanda School Districts (invalid) policy which states that "We cannot give make-up work for vacations and/or unexcused absences." (NT City Schools Code of Conduct, p. 10).

New York State School Report Cards 2005-2006

2007-09-16T01:35:00.000-04:00

WBEN's Dave Debo recently did an analysis of the New York State School Report Card for the school year 2005-2006 (Online Extra: Violence In WNY Schools, August 22, 2007). School superintendents were provided with an opportunity to review and correct summary reports based on this data. Whether or not City of North Tonawanda School District corrected its data submission remains to be known.

Nevertheless, according to the analysis, the City of North Tonawanda School District, North Tonawanda High School, reported 3 bomb threats for the 2005-2006 school year. In a sworn Affidavit on the matter of the State Division of Human Rights Complaint of Rhonda J. Mangus, on behalf of her minor child Michael Mangus, Principal James V. Fisher, NTHS, alleges a series of 6 or 7 bomb threats occurring over a six day period (October 7 through October 12, 2005). Further interesting is the fact that it appears The City of North Tonawanda School District did not report any incident of bullying, harassment, or intimidation of students.

The apparent inaccuracy of the report begs the question: Is the under-reporting simply a mere over-sight or, is the under-reporting intentional in order to present the school as a "safe" school to avoid detection as a persistently dangerous public secondary school and/or disguise the fact that GLBTQ youth are not safe in North Tonawanda City District Schools?

The Standards: In either of the aforementioned, both the Laws of the State of New York and the "NT City Schools District Code of Conduct" affirm the student's right "To have a safe school environment conducive to learning" (North Tonawanda Agenda Planner, 2005-2006, pg. 17). Not "somewhat" or "relatively" safe, but "safe". In the case of Michael, NT City Schools "breached its contract". Michael was not provided a safe environment in which to learn.

Under-reporting by a school district that has a history of improper control procedures to prevent harassment, intimidation, and bullying is a dangerous situation that compromises the safety of ALL district students. As it were, I knew of only one bomb threat, the threat occurring the same day Michael discovered the written death threat in his NTHS day planner.

The Truths: City of North Tonawanda School District Superintendent Dr. John George (retired) and City of North Tonawanda School District Board of Education president Scott Schultz, did not hold Principal James V. Fisher accountable and responsible for, among other matters, his refusal and failure to comply with the Laws of the State of New York and NT City Schools Policies and Regulations to report my complaint of aggravated harassment to local law enforcement. Principal Fisher's alleged excuses for failure to comply with the Laws of the State of New York and NT City Schools Policies and Regulations are his preoccupation with these alleged series of bomb threats, apparently underreported to the New York State Education Department, scheduled meetings and/or activities between 1:10 and 5:00, and for the reason that "Since Mrs. Mangus had already contacted the police in the midst of the school's investigation there was no need for an additional report to be filed with the police." (Respondent's Affidavit Case No. 10108712, pg. 5, # 27, NYS Division of Human Rights).

Principal Fisher (or designee) is required by the Laws of New York and NT City Schools Policies and Regulations to report "as soon as practical, but in no event later than the close of business the day the principal or designee learns of the violation." (North Tonawanda Agenda Planner, 2005-2006, Section 14.4, pg. 21).

According to Principal Fisher's Affidavit "After retrieving his planner at the end of his lunch period (approximately 11:35) Michael reported the situation to Mrs. Vicki Pohlman, a teacher on special assignment as interim assistant principal, during period 6 (approximately 11:40-12:00). When speaking with Mrs. Pohlman, Michael demanded to see me. Mrs. Pohlman reviewed the agenda planner and told Michael that she would relay his concern to me when I was available. Mrs. Pohlman advised Michael to return to class." (Respondent's Affidavit, Case No. 10108712, pg. 3, #14, NYS Division of Human Rights).

Michael reported the "situation" 3 hours before the close of school that day. I am (and putting it mildly) outraged that my child was "advised...to return to class." Principal Fisher's Affidavit, alleges Mrs. Pohlman, an assistant principal on interim assignment. As such she is bound to the same Policies and Regulations of NT City Schools and the Laws of the State of New York in reporting violations of the NT City Schools Code of Conduct by the close of school that day. If Mrs. Pohlman, in her capacity as "interim" assistant principal, was not an appointed "designee", she had the responsibility to direct Michael immediately to such "designee." As important, Mrs. Pohlman failed to telephone me immediately upon learning of the "situation" with Michael. In fact, no "school official" telephoned me. I learned of the "situation" at approximately 11:45 in a telephone call I received from Michael from inside the high school. I arrived at North Tonawanda High School at approximately 12:25 and found my son in a distressed state trying to leave the building through the Science wing.

Fundamental Responsibilities of Parenting

2007-09-12T18:37:00.009-04:00

I believe that one of the fundamental responsibilities of a parent is to teach their children that they have rights and how to utilize their rights to facilitate, first and foremost, change within themselves. I also believe in a second fundamental responsibility, the parent's right to preserve the child's rights in education.

These fundamental responsibilities of parenting began to come into play for me on 12 October 2005, a little over one year after my son's "coming out". Michael was barely 13 years of age when he realized he was "different". I now realize the courage it took for him to share his secret with me. At the same time however, I began to grieve the loss of the child I had known. Overnight, Michael went from academic to survival mode (a common response to the harassment, intimidation, and bullying of GLBTQ youth in education). With no appropriate support or proper control procedures in the school setting to prevent the harassment, intimidation, and bullying of Michael, the Michael I knew (thoughtful and happy, keyboard, saxophone and piano player, talented actor, member of school clubs, selected for All County Music Voice 2002, met his proficiency requirement for graduation in a second language (Spanish) in Grade 8, and tested at an IQ of 130 before Grade 8), disappeared into an angry child (which I would much later learn was due to anxiety and depression secondary to stress in school).

I removed Michael from North Tonawanda High School on 12 October 2005, after he discovered a written death threat in his NTHS day planner and after meeting with NTHS principal, James V. Fisher, regarding the death threat in Michael's planner. This was not the first time Michael was subject to violence. In fact, after repeated telephone conversations with various NTHS personnel, including Principal Fisher, the harassment, intimidation, and bullying against Michael was clearly escalating, not deescalating. Listening to Principal Fisher perceive my child as the "problem" and Michael's response of tears was more than I could tolerate. The fact that he was not going to file a report with the local police department as required by NYS Education Law and CNTSD Board of Education Policies and Procedures prompted within me the second fundamental responsibility I hold as parent to Michael, that I have the responsibility of preserving Michael's rights in education. I filed a complaint of aggravated harassment with the City of North Tonawanda Police Department after the close of school that day. The following day I notified NTHS Principal James V. Fisher (copying (retired) Superintendent CNTSD Dr. John George, and CNTPD Juvenile Division) that Michael would not be returned to school until an investigation was completed to my satisfaction by both NTHS Administration and the City of North Tonawanda Police Department. I also requested that he should direct Michael's teachers to prepare coursework for him on a daily basis and that I, or a designee, would pick up Michael's coursework.

The decision to remove Michael from school and the aforementioned requests of Administration and the City of North Tonawanda Police Department forced me into an arena that harbors an insidious side. As we discuss Equality, the Standards and the Truths as it relates to our GLBTQ youth in public education in New York State, I will continue to share my struggle to preserve Michael's rights in education and the consequences to Michael for having the courage to live authentically as a Gay male youth. Michael's story is a telling example of total and criminal disregard for, and the undermining of, the Constitution of the State of New York, the Laws of New York, School District Policies and Regulations, and the rights of the parent and the child in education by numerous state agencies and individuals including, but not limited to: New York State Department of Education, Commissioner of New York State Education Richard P. Mills and NYSED Office of Legal Counsel, City of North Tonawanda School District "school officials" (including former Superintendent John H. George, NTHS Principal James V. Fisher, NTHS Assistant Principal Lisa L. Colburn (aka Home Tutoring Program Supervisor, Director of Guidance Services, and formerly "Principal" of Meadow Elementary School), former "interim" Assistant Principal Victoria Pohlman, Dana Hoffman (Assistant Principal, NTHS), alleged former "School Guidance Counselor" Colleen M. Fisher, School Social Worker Dennis Weiss, Rosemary Fox (Support Services/as of 2006) and former foreign language teacher Dr. Jason Goulah), Board of Education of the City of North Tonawanda School District (Scott A. Schultz, former Board President and Andrew J. Freedman, Esq. CNTSD School Board Attorney/Norton, Radin, Hoover & Freedman), an alleged "FERPA" hearing officer (Colleen A. Sloan, Esq. ERIE 1 BOCES, Labor Relations Manager/New York State Association of School Attorneys 2007 Board of Directors Second Vice President), David A. Hoover, Esq. ERIE 1 BOCES, Director, Labor Relations Services & (upon information and belief ) affiliated with the firm: Norton, Radin, Hoover & Freedman, and has served as an "Impartial Hearing Officer" for the City of North Tonawanda School District, United States Department of Education (Office of Innovation and Improvement (FERPA)), City of North Tonawanda Police Department (Chief of Police Randy Szukala, Detective Karen Smith, Lt. Krantz), State Division of Human Rights, State of New York: Executive Department Commissioner Kumiki Gibson (as of March 2008 dismissed by Governor Paterson without explanation/resigned), Tasha Moore (Regional Director, Buffalo Division) and New York State Division of Human Rights Legal Bureau, Journalist Paul Westmoore, Niagara County District Attorney's Office (Matthew J. Murphy, III, Niagara County District Attorney/as of 2008 Niagara County Judge), Niagara County Department of Social Services Child Protective Services Caseworker Supervisor Mary Lou Woods, and Caseworker Robin Stroud, New York State Office of Children & Family Services, Gladys Carrion, Esq., Commissioner, Richard E. Davidson (Bureau of Special Hearings-NYS OCFS), Jean Greinert (Administrative Law Judge-NYS OCFS), New York State Supreme Court, New York State Court of Appeals, who each individually and collectively would become active participants in denying Michael his Equal Right to Education and his Equal Right to Protection of the Laws, and denying my rights to the care, education, and upbringing of Michael.