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

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

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

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

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

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

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

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

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

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.