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.
Monday, September 24, 2007
Friday, September 21, 2007
United States Congress Recognizes Founding Principles of US Department of Education
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.
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.
Wednesday, September 19, 2007
NYSED Commissioner's Rules & Regulations
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).
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).
Sunday, September 16, 2007
New York State School Report Cards 2005-2006
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.
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.
Wednesday, September 12, 2007
Fundamental Responsibilities of Parenting
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.
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.
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