RUSD’s WILLFUL VIOLATIONS OF LAW
PERENNIAL PROBLEMS AT RUSD
Ongoing Problems at RUSD
1. Do you know that RUSD has lost over 2,000 students in 2010 alone and has closed 3 schools since 2010?
2. Do you know RUSD raised our taxes by issuing another $160 million school bond to build more school facilities, while leasing the closed school facilities to private school collecting rent as landlord?
3. Do you know RUSD is building a gigantic swimming pool project at Rowland High School, regardless of its financial crunch created by the state budget cut and student exodus?
4. Do you know RUSD’s Superintendent has, on information and belief, single-handedly negotiated and signed the construction contracts and post completion maintenance contracts before anything is built, making RUSD the prisoner of these projects for many years to come?
5. Do you know the current Board just awarded a contract to its favored group of commercial consultants to work on a new academic program for the entire school district without ever seeking any input from any teachers that have taught our children at the classroom, and without seeking any input from any parents that have helped their children on their homework every night, violating the mandate of treating parents as equal partners under California Education Code, Sec. 51100?
6. Do you know that RUSD has recently won a court battle against Walnut Valley Unified School District, because RUSD was able to convince the court, treating students as income-producing property?
7. Do you know that RUSD’s press releases blamed everyone else except itself for closing 3 schools?
8. Do you know RUSD has become a landlord collecting rent by subletting the Fajardo facilities to Southland private school?
9. Do you know that RUSD’s multi-million dollars swimming pool project was poorly conceived and now plagued with many problems? And many more …
Many Student Rights Violated
Question 1: Do you know teachers and school principals often exceed their authority to punish students?
Answer 1: Absent any prior written notice of any disciplinary rules, neither the school principal nor the teachers can punish your child. If so, such punishment is illegal under California Education Code, Sec. 51101.
Question 2: Do you know school principals and school personnel often summon your child to their offices during classes, interrupting the studies?
Answer 2: Absent any emergency needs, you should object to such abuses, because they should and can do it during breaks. However, any detention after school must notify the parents and you can object to such detention.
1. Do you know you are entitled to your child’s school record within 5 business days of request?
2. Do you know you are entitled to be notified of any school rule, including disciplinary rules and dress codes, before the school district can punish your child for noncompliance of any school rules?
3. Do you know principals and teachers have often exceeded their authorities to punish your child, detrimental to your child’s health and interfering with your child’s study in classes?
4. Do you know you are entitled to be treated as equal partners in the education process of your child at school?
5. Do you know you are entitled to meet with the teacher(s) or principal within a reasonable time of your request?
6. Do you know you are entitled to examine curriculum materials of your child’s classes?
7. Do you know you are entitled to know whom to contact at school, if there are problems in your child’s progress?
8. Do you know you are entitled to question anything in your child’s records that you disagree?
9. Do you know your child can be illegally punished by a teacher to sit under the sun of 100 degrees for 15 minutes simply because your child has run over the paved playground? And many more …
10. Do you know your child can be illegally detained without any justification? And many more …
RUSD VIOLATES CA PUBLIC RECORDS ACT
In addition to many prior instances of willful violations of the California Public Records Act, the Superintendent of Rowland Unified School District, acting in concert with Board Members and School personnel, intimidated, harassed, mis-informed, and stonewalled a person that happened to step on an obvious ethical problem by a School Board Member and related family member.
After raising concerns of ethical violations by such Board member during a Board meeting, this person has been subjected to lies and threats, among many dubious acts designed to humiliate, discredit, intimidate, harass and misrepresent the fact that “only an attorney can ask for public records [from the school district]”. For over two months, the victim has yet to receive any minutes of the Board meeting from RUSD. RUSD has repeatedly and willfully violated the Brown Act and the California Public Records Act.
Furthermore, RUSD managed to spirit a copy of the minutes to the Board member’s family member right after the Board meeting in order for a lawyer to threaten the victim with a lawsuit of defamation. This is not simple corruption; this is a RICO crime in action being engaged by an enterprise in concert with each other that must be stopped forthwith before public funds are further wasted at the expense of student safety, among others. (To be supplemented)
ILLEGAL CONTRACTS DEMANDED BY TEACHERS
September 23, 2014
To: Mr. Scott Mooney, Assistant Principal
Alvarado Intermediate School
Cc: Ms. Angelina Pride, Board Member
Ms. Karen Magana, Principal via Mr. Mooney
Mrs. Doreen Lucero via Mr. Mooney
Ms. Debbie Ammentorp via Mr. Mooney
Mrs. Debbie Toran via Mr. Mooney
Mr. Richard Schmidt via Mr. Mooney
Mr. Matthew Grelling via Mr. Mooney
Mrs. Linda Kim via Mr. Mooney
Ms. Linda Muise (Substitute for Ms. Ammentorp) via Mr. Mooney
Fr: Junior’s Dad
Re: Improper Contracts Demanded by Teachers
and Related Illegal Punishment
Last year, Alvarado required every student to sign a Home & School Compact with many problems as discussed on my web: www.voteforwild.com, That Englishy, But Un-English School Compact under Opinions. This year Avalrado compounded the problems by causing individual teachers to demand all students and their parents to “accept”, “agree”, “consent” and “sign” various contracts, each as objected as follows.
After review of those contracts, I found Mrs. Kim’s request most friendly and Mrs. Toran’s unacceptable. Nevertheless, I signed the ones from Mrs. Kim, Mr. Grelling and Mr. Schmidt as a token of comity, notwithstanding the fact that there were no legal grounds for any teacher to demand any such contract or agreement.
Mrs. Lucero already gave 5 students an “F” on Monday August 25, 2014, but has yet to call me as requested. This amounts to academic violence, and must be rectified forthwith.
If you have any questions or problems, please let me know by email. Thank you.
1. Math: Mrs. Linda Kim
Mrs. Kim’s Syllabus and rules were most informative and friendly in line with the language and the spirit of the California Education Code (the “Code”), treating parents as equal partners in the process of educating our children. I gladly signed her papers as a token of mutual comity and appreciation.
2. History: Mr. Matthew Grelling
I appreciated Mr. Gelling’s carefulness of asking my advance permission to allow Junior to view certain videos that might be considered improper under normal circumstances, but necessary for educational purposes. I gladly signed his papers. Neither Mr. Grelling nor Mrs. Kim uses the word of “Agreement” or “Contract” in their papers.
3. Teen Living: Mrs. Doreen Lucero
Out of the 2-page handout, I could not find any ground for Mrs. Lucero (i) to demand any signature from a parent, or (ii) to give students an “F” for being unable to turn in a signed copy as demanded. Her demand not only violates the Code, but due process as well, and perhaps the the Union Contract with RUSD.
Given such outrageous conduct, why should Mrs. Lucero be continued to teach at RUSD, or at any other school at all?
4. Physical Education: Ms. Linda Muise
Ms. Muise’s hand-out was a 5-page, single-spaced, 11 point document filled with many rules, instructions and grading methods. Nothing in the document gives Mrs. Muise the discretion give grade a student from A to F, simply because a student was unable to turn in a singed copy the following school day. This is abusive and illegal.
Mrs. Muise may grade according to her method, but cannot demand the students or their parents to waive their rights in advance, because the Code governs.
5. English: Mrs. Debbie Toran
Two items in Mrs. Toran’s “Course Syllabus” are not acceptable, i.e., Mrs. Toran has (i) created mandatory Passes [emphasis added] for using the restroom, and (ii) imposed an undue duty on “a student to check with a responsible [emphasis added] classmate what information was missed”, after absence.
First, going to the restroom, if urgently or medically needed, is justified to maintain a healthy state of body and mind to study, unless a student abuses the needs, resulting in undue disruptions in classroom.
Second, the students should not be limited to finding a “responsible” classmate for help. It is also unreasonable to impose the duty on students to find out who was a “responsible” classmate. It is absolutely impermissible for her to rid herself of such minimum responsibilities and duties.
6. Science: Mr. Richard Schmidt
The first batch of 3 pages of “SYLLABUS AGREEMENT” is a mixed bag of course syllabus and related instructions. I signed them as a token of comity, even though Mr. Schmidt has no right to convert his teaching duties into an agreement by and between him, as a teacher, and the parents and students of his class. The Code and his Union Contract are sufficient.
Also, a contract or an agreement must be of mutuality and any breaching party will be held fully responsible. It is more likely than not that an individual public school teacher is not authorized or allowed to sign any contract or agreement with any student or his/her parents either in the ordinary course of business or otherwise. Therefore, when Mr. Schmidt demanded that Junior and I sign another Agreement, we could not oblige.
September 23, 2014
To: Mr. Scott Mooney, Assistant Principal
Alvarado Intermediate School
cc: Ms. Angelina Pride, Board Member
Ms. Karen Magana, Principal via Mr. Mooney
Fr: Junior’s Dad
Re: Objections to impermissible Punishments
Today, Junior came home with two slips from the school: (1) Alvarado Intermediate Referral Report, and (2) Office Request For Student, each dated September 23, 2014, as enclosed, punishing Junior to be suspended tomorrow (September 24) all day at Room 4 because of alleged “cheating”.
I must respectfully object to such groundless and excessive punishments, pursuant to the California Education Code and the Alvarado Handbook, for reasons set forth below.
1. Sequence of Event
On September 22, 2014, at about 10:30 a.m. shortly after Nutrition and before the Science class, Junior’s classmate, Patrick [Last name omitted for privacy], approached Junior to borrow his History homework, because he needed help to solve one question. Junior obliged, honestly believing that it was proper to help another classmate on solving some problems, because the joint projects in English and Science led him to believe that mutual assistance, when needed, was appropriate, even though he never sought help from other classmates.
Junior did not know that Patrick would go beyond his request. Junior never intended to gain nor actually “gained an advantage, especially in a game or examination.” In fact, Junior did not even know that Patrick was caught by Mrs. Toran during the English class.
However, today (September 23), during Mr. Schmidt’s Science class, at about at 9:25 A.M., Junior was summoned to Room 4 to write down what had transpired about the incident. It took Junior about 5 minutes to provide the written responses. Junior questioned Ms. Garcia “why he was dragged out of the class”; Garcia responded that she did it as demanded by you.
Meanwhile, Junior was sent to your office. According to you, Junior had committed “cheating”. Therefore, you decided to suspend Junior the entire day tomorrow (Wednesday September 24) in Room 4. Junior asked to consult with me. You promised to call me. You did, but I was tied up in a meeting. By the time I listened to the message, it was 10:20 P.M. Thank you very much for taking the trouble to call me.
2. Improper Characterization of “Cheating”
According to the dictionary, cheating is defined to mean: “act dishonestly or unfairly in order to gain an advantage, especially in a game or examination.” According to Black’s Law Dictionary, “cheat” means “to deceive and to defraud”. And “cheat and defraud” means “to induce a person to part with the possession of property by reason of intentionally false representations relied and acted upon by such person to his harm.”
Here, according to the facts and Junior’s response to the school’s questions, Junior (i) lacked the intent or mens rea to cheat or to defraud, and (ii) did not lend the History homework to Patrick for any purpose of “gain[ing] an advantage, especially in a game or examination”.
According to the facts, Patrick asked Junior for help. Past team work experiences led Junior to believe that it was proper to help a classmate on how to solve problems on homework.
Therefore, by any standard, Junior’s conduct was not “cheating” as you have concluded, but rather a “negligent indiscretion”. The definition of “cheating” in the Handbook is overly broad and ambiguous, thus illegal. Consequently, any punishment thereunder is groundless and unreasonable.
Under the circumstances, if necessary, an after-lunch detention is a more reasonable alternative.
3. Improper and Abusive Investigation Process
Given the lack of urgency and the availability of breaks, the school should have investigated this incident during the breaks to avoid or minimize disrupting Junior’s studies.
Absent urgency, the school should be more considerate, conducting similar investigations during breaks to avoid disrupting their studies.
Excessive and improper punishment creates more harm, contradicting the purpose of education. As educators, we must avoid being a slot machine operator, checking out boxes of pre-designed punishment based on a perfunctory investigation and incorrect conclusion. Neither the facts nor the Code or the Handbook supports the “cheating” characterization or the assigned punishment.
Junior is a good-natured and hardworking child, with a proven track record of earning Honors sand Matadors for the last two semesters. He promised to be careful in the future. I believe that, instead of a detention, a meeting with Patrick and his parents will achieve more.
Fed Up Getting Stuck Driving Child to School ?!
This is just one of the many problems created or otherwise neglected by the current and past School Board and School Management for the last 20 years!!!
For example, the access road to Alvarado from Honore Street which should have been resolved decades ago at a very affordable cost through purchases of only 4 houses at then fair market value. Instead, the current and past School Board and Management have been busy closing down schools, demolishing and building new facilities at Rowland High School, while leasing the closed or underused facilities to charter schools, e.g., Southlands.
This is more than mismanagement; it is a breach of fiduciary duty by the Management. Most members of current School Board and Management have been running the School District for over 15 years. If they are not responsible for losing over 2,000 students to Walnut School District, who else should be held responsible for such incompetence and gross mismanagement.
I want to empower the parents to remove the dishonest, incompetent and wasteful Management. We the parents and the students should stay, but any of THAT incompetent and hostile Management should leave, because some do not even live in this community.
Since I am the only candidate in this election that seeks no commercial endorsements other than from equally concerned parents and citizens, I will have no baggage, but your mandate to achieve the best interest of the students and the parents as codified by the California Education Code, Sec. 51100, treating parents as equal partners in the education process of your child. We should say “NO” to more property taxes only to get such incompetent Management busy collecting rent from charter schools as landlord.
I want to transform the school district into an institution “of the community, by the parents and teachers, and for the students”. Only through your active participation in this election can we remove that dishonest and corrupt school Board and Management that are anti-teachers, anti-students and anti-parents, as echoed by the Association of Rowland Educators.
It is Extremely Dangerous for Our Kids Walking in Moving Vehicle Jungles!
I WANT TO:
- ABOLISH the Ever-Condemned Bureaucracy !
- ERADICATE Incompetence & Corruption !
- EMPOWER Parents to Remove unresponsive Management !
- CUT Wasteful Spending by School Management !
- LOWER Class-Size !
- STOP Illegal & Unfair Punishment of Your Child !
- SO THAT Parental/Student Rights are Honored & Teaching/Learning Quality Can be Improved !
Vote for WILD CHANG
1. The man with skills & determination to abolish ever-condemned bureaucracy at RUSD.
2. The man with determination & commitment to eradicate incompetence & corruptions at RUSD.
3. The man with expertise to rewrite Bylaws making RUSD transparent & accountable.
4. The man with passion & vision to revitalize RUSD to achieve integrity & excellence .
And I Will Clean Up That Place for You!
Remove Incompetent Teachers
…Before Becoming A Forever Sorrow…