.@SenatorSusanLee "This bill’s use of actual knowledge as well as not including mandated reports of victims after they turn 18, will set safety for our children back, instead of moving it forward. This bill (contrary to proponents’ statements) would not in fact give justice to the [MCPS] children victimized by Lawrence Joynes, Jose Pineda, John Vigna, Mark Yantos or Daniel Picca. All MCPS teachers, all left in the classroom by MCPS officials who knew for a fact they were dangerous and had them on written “restrictions” to stop touching children."

Oppose

HB 787 / SB 568

Crimes - Child Abuse and Neglect - Failure to Report

April 2019

Written testimony respectfully submitted by

Jennifer Alvaro

Licensed Certified Social Worker – Clinical, MD

Licensed Clinical Social Worker, VA

Certified Sex Offender Treatment Provider, VA

Clinical Member, ATSA

For the past several years, I have been advocating for Maryland to fulfill its duty to protect our children, the most vulnerable among us. Having lived in Maryland my entire life, having been a social worker for 25 years, I was deeply disturbed to discover Maryland isone of only two states in the nation without a criminal penalty forfailure to report.

While always hoping professionals will act morally, ethically and legally, it has been a rude awakening to have learned this is not the case many times for those to whom we entrust our children. As a resident of Montgomery County, what I have learned in the past seven years is for decades many mandated reporters in the Montgomery County Public School system and other systems across the state have violated the law by failing to report their suspicions of child abuse. This is not a baseless accusation or unfounded speculation. I say this because advocates and news media have documented proof via court testimony, MPIA requests, interviews and admissions in public meetings. Admissions made by mandated reporters they knowingly chose not to report suspicions of severe cases of abuse to authorities. Their choice not to follow the law by reporting led to the abuse of more children.

Time after time we see systems protecting themselves instead of children because in Maryland mandated reporters have no fear of being held accountable for breaking the law. That is why, as a mandated reporter myself, I have advocated strongly for adding criminal penalties for the egregious cases of failure to report we have seen far too often in our youth serving organizations in Maryland.

Heartbreakingly, I am submitting this testimony to OPPOSE this bill. This bill, though desperately needed, is dangerous as currently written, this bill will not only fail to right a wrong, it will make things worse for children in Maryland.

This bill’s use of actual knowledge as well as not including mandated reports of victims after they turn 18, will set safety for our children back, instead of moving it forward. This bill (contrary to proponents’ statements) would not in fact give justice to the children victimized by Lawrence Joynes, Jose Pineda, John Vigna, Mark Yantos or Daniel Picca. All MCPS teachers, all left in the classroom by MCPS officials who knew for a fact they were dangerous and had them on written “restrictions” to stop touching children.

For those reasons, I am dismayed be forced to oppose this bill and urge you to issue an unfavorable report.   

HB 787 and SB 568 Alvaro by on Scribd

MCEA Rally: Staff at Kemp Mill ES have been dismayed to see a bullying and ineffective principal turn their school into a place with one of the worst school climates in the county.

MCEA Rally Announcement:

Join parents, community members, and the Montgomery County Education Association at a rally at the MCPS Central Office to demand justice for the students and families at Kemp Mill Elementary School.

Kemp Mill has one of the highest percentages of children from low-income families in Montgomery County. It needs and deserves strong leadership. But for the past three years, educators there have been dismayed to see a bullying and ineffective principal turn their school into a place with one of the worst school climates in the county. 

The dedicated educators, paraeducators, and building service staff at Kemp Mill work every day to provide their underserved student population with the quality school community they deserve. After numerous attempts to raise these urgent concerns with the school district, we still have had no adequate response from MCPS. The Montgomery County educators' union will not stand idly by as MCPS does a terrible disservice to one of our high needs schools.

School’s out, but we’re just getting started! An injury to one is an injury to all, and only by coming together can we hold MCPS accountable to students, parents, and fellow educators. 

Superintendent Jack Smith continually says that “all means all,” but he needs to put action behind his words. Our most vulnerable students are suffering from his neglect. We must stand together to demand equity now. Join us at the rally to fight for the change that’s needed at Kemp Mill ES to improve the lives of our kids and our colleagues!

We Now Know the Board of Education has been Keeping Known Child Abusers in Classrooms for Decades. Will Parents Re-Elect Patricia O'Neill Again?

O’Neill Files To Run For Sixth Term on Montgomery County School Board: Bethesda resident could become longest-serving school board member in county history

Vigna had been counseled on a number of occasions, beginning back in 2008, to halt the practice of having physical contact with students. That counseling reoccurred in 2013 and 2015.

FORMER ELEMENTARY SCHOOL TEACHER FOUND GUILTY OF SEXUAL ABUSE OF STUDENTS

 ROCKVILLE — A former Montgomery County Public Schools teacher was found guilty Friday of sexual abuse of students.

After nine hours of deliberation Friday night, a jury found John Vigna, 50, of Silver Spring, guilty of four counts of sex abuse of a minor and five counts of third-degree sex offense, according to Ramon Korionoff, spokesperson for the Montgomery County State’s Attorney’s Office.

John McCarthy, state’s attorney for Montgomery County said Vigna was arrested in June of 2016 after five Cloverly students, both current and former, reported that they had been touched inappropriately while sitting in Vigna's lap during the school day. Victims came forward after taking a mandated body safety class which helped them understand inappropriate contact.

“Body safety classes instituted by MCPS helped expose this child sex offender,” said McCarthy. “We commend the jury for working hard through a Friday night to render this verdict. It holds John Vigna accountable.”

McCarthy said Vigna, who had been a teacher at Cloverly Elementary School for 20 years, taught third, fourth, and fifth grade. The children who were his victims all hailed from those grades. Vigna had been counseled on a number of occasions, beginning back in 2008, to halt the practice of having physical contact with students. That counseling reoccurred in 2013 and 2015. The most recent event, which actually gave rise to the charges in this case, occurred in February of 2016...

http://www.thesentinel.com/mont/news/local/item/5310-former-elementary-school-teacher-found-guilty-of-sexual-abuse-of-students

Cloverly Parents Fight Back, Alternate Halloween Party to be Held Across from School at 1:30 PM

http://wjla.com/news/local/parents-angry-after-montgomery-co-school-cancels-halloween-festivities

Cloverly ES Principal Cancels Halloween to Keep Parents from Discussing Arrest of Long Time Teacher on Sexual Abuse Charges

Yes, you read that correctly.  Over the summer, a teacher who has been at Cloverly Elementary for decades was arrested on sexual abuse charges. 

http://www.wusa9.com/news/local/3rd-grade-silver-spring-teacher-arrested-for-alleged-sexual-offenses-with-students/257202294

That teacher's trial is scheduled for December.

It's important for the Board of Education to keep parents away from each other now.  The Board of Education doesn't want parents talking about what MCPS has or has not been doing over the last twenty years to keep students safe from sexual abuse by teachers and staff.

The Parents' Coalition has documented that the Board of Education has been allowing known sexual abusers of children to remain in classrooms for decades.  Was Cloverly Elementary another school where the known Board of Education practice of harboring known sexual abusers was going on?  

When someone is arrested for sexual abuse of a child and that person has been working with children for decades, the immediate question is are there other victims?  Montgomery County Police always ask for anyone that has any information about these arrests to contact them.

The Board of Education does not want parents to talk about the charges, other incidents, safety plans, or the Board of Education's inaction on this issue.

What to do?

Cancel Halloween and keep the parents away from each other.

And that's exactly what is happening at Cloverly Elementary School.



http://wjla.com/news/local/parents-angry-after-montgomery-co-school-cancels-halloween-festivities

WUSA9: Child sex offenders in Montgomery County Public Schools

 http://www.wusa9.com/story/news/local/2015/02/24/montgomery-county-schools-child-sexual-abuse/23937507/

Letter #4: Starr was upset for one day and an entire webpage was dedicated to his upset. Meanwhile, "Who is Protecting our Children?"

This is the fourth in a series of letters written to Superintendent Joshua Starr, MCPS and Montgomery County officials over the last 15 months concerning the many arrests of MCPS staff, substitutes and contractors on charges of sexually abusing MCPS students.

• February 10, 2014 - Letter #3 is at this link.

• Letter #2 was written one year ago this week and is at this link.

• October 8, 2013 - Letter #1 is at this link.

To: boe@mcpsmd.org; Joshua_Starr@mcpsmd.org; Andrew_Zuckerman@mcpsmd.org; office@mccpta.com 

Cc: Roland_Ikheloa@mcpsmd.org; county.council@montgomerycountymd.gov 

Sent: Thursday, June 19, 2014 12:45 PM
Subject: Sexual abuse in MCPS

June 19, 2014

Dear Dr. Starr, MCPS staff member, Members of the Board of Education and Members of the County Council, 

On one day in December of 2013, Dr. Starr received a series of tweets he found upsetting and offensive. The county’s response to Dr. Starr’s experience, has been swift and comprehensive. Over the past six months, media interviews were conducted, a letter went out to all MCPS parents and schools, a task force was created, in fact, six subcommittees to the task force were formed. The MCPS website has an entire webpage dedicated to this topic. The website lists 3 meetings (including agendas), resources, safety tips for parents, video links and a charge statement. 

I have written to you all before, and write again to ask, don’t the children of our schools who have been sexually abused by MCPS staff (and contract staff) deserve at very least the same response? Dr. Starr was upset for one day. These children, their friends, other students, their families and other staff in MCPS schools have been upset for far, far longer than one day. Don’t they deserve the same time, consideration, resources, commitment and dedication as Dr. Starr? Dr. Starr is an adult who can protect himself. Who is protecting our children?

Over the past two school years 10 MCPS staff members (and 3 contract employees) have been arrested for sexual abuse of children in the schools. One of them tattooed one of his victims name on his body. Doesn’t that child and her family deserve at least the same level of response as Dr. Starr who, on one day, got several tweets that scared him?

I have been attempting to get a response from someone from MCPS / Montgomery County Government since October, 2013. I was cautiously optimistic when I was contacted in February by the school system and asked to take part of a work group that was forming to look at prevention of child sexual abuse in the schools. The first meeting took place in April. There was no agenda. The MCPS staff who were there, while very nice and seemingly committed, had no timeline, no clear commitment from their upper management, no date for a next meeting, no action steps. There is no website, no resources, no safety tips for parents on the MCPS website. When I reached out to the work group a couple weeks ago to see when the next meeting would be, I was told the person running it was retiring and the person taking over would look into it.

Meanwhile, back in the real world, a Whitman football coach was arrested for the sexual abuse of an exchange student he hosted in his home. Has anyone checked the locker rooms at Whitman to see if he put video cameras there to rule out his filming Whitman students as he did his exchange student? Meanwhile, back in the real world, a MCPS teacher pled guilty to sexual abuse and in the trial we learn MCPS allowed him to resign rather than being fired after their investigation. Meanwhile, back in the real world where children don’t have time to wait for committees to form, where parents are unaware of their rights and unaware of the basic steps they can take to protect their children, where MCPS staff are violating the law by not fulfilling their legal obligation as mandated reporters of their suspicions of abuse, children are still being harmed.

As with previous attempts to reach someone who will take action, I will attach my previous letters in case you would like to read them. 

I thank you for your time in reading this and look forward to your response.

Sincerely,

Jennifer Alvaro

2013: Starr and BOE Warned About Handling of Sexual Abuse of Students

Letter #1 dated October 8, 2013

Dear Dr. Starr and Members of the Board of Education,

I am a Montgomery county resident and the mother of ------ Montgomery county public
school students. I am reaching out to you to open a discussion regarding the way in which the county addresses the sexual abuse of its students and children.

This weekend, the media documented yet another arrest of an MCPS staff member for allegedly sexually abusing a student.

A brief review I conducted this morning of media reports (from 2012 and 2013) quickly revealed eight criminal cases that led to charges being pressed against MCPS staff:

1. October 2013 - Richard Shemer, teacher Albert Einstein High School

•  one felony charge of sex abuse of a minor

2. August 2013 – Lawrence Joynes, teacher at New Hampshire Estates elementary school.

• Arrested from sexually abusing 15 students. Charged with 14 counts of sex abuse of a minor, one count of sex offense in the third degree, child abuse and second-degree rape.

3. June 2013 – Benjamin Cano, teacher at Mario Loiederman middle school.

• Arrested for the sexual abuse of 3 girls. Charged with three counts of sexual abuse of a minor and three counts of committing a 3rd degree sex offense.

4. April 2013 – Timothy Krupica, teacher at Meadow Hall elementary school.

• Arrested on multiple charges for the sexual abuse of 4 girls. Charged with two counts of sexual abuse of a minor and faces several other sexual offense charges

5. October 2012 – Cuyler Cornell, teacher at Neelsville middle school.

• Arrested for sexually abusing 1 boy. Charged with two counts of committing a third degree sex offense and one count of sexual abuse of a minor

6. September 2012 – Daniel Picca, teacher – numerous schools in MCPS.

• Numerous children involved. The state board upheld his firing. In the 1990’s, allegations also resulted in an investigation of Picca by the county’s Child Protective Services Division, which found that his actions “indicated child abuse.” That finding, though contested by Picca, was upheld twice by another state administrative law judge. Picca remained in the classroom, according to the reports. For 17 years, he was warned and reprimanded by Montgomery County Public Schools over his “inappropriate” conduct with male students.

7. May 2012 – Aaron Lamere, teacher at Northwood high school.

• Charged with three counts of possession of child pornography, Four counts ofsexual solicitation of a minor, Four counts of committing a third degree sex offense, Three counts of sexual abuse of a minor, One count of committing a fourth degree sex offense, Two counts of indecent exposure.

8. February 2012 - Scott Spear, coach at Richard Montgomery High School

• a fourth degree sex offense over allegations he twice had sex off campus with a student who was on the track team

This was not a comprehensive review and obviously does not include criminal complaints that did not lead to charges being pressed, nor does it included cases brought to the attention of Child Protective Services as their records are not open to the public.

Over the past year and a half, I have been trying to gather information to understand clearly what the school system and county are doing to prevent abuse (via the education of staff, parents and children) as well as to address concerns, allegations and reports of child abuse, specifically child sexual abuse. I have been unable to find information regarding what, if anything, MCPS is doing to help engage parents in either helping prevent abuse from occurring in the first place or in reporting abuse when they have suspicions or knowledge it has occurred. I am bewildered by why a lengthy search on MCPS website, meetings with principal and vice principal of my children’s school, multiple emails, phone calls (to numerous county departments and agencies)cannot provide me with anything other than superficial information on this matter.

In May of 2013, County Executive Isiah Leggett kicked off a child abuse prevention campaign called The Power of One in which he stated, “This campaign emphasizes that one person can save a life, making a choice to make a difference, whether it is through reporting suspected abuse or caring for an at-risk child. We all must do our part to help children in our community.”

As a resident of the county, as a parent of children in the county school system and also as a Licensed Clinical Social Worker (MD & VA) & Certified Sex Offender Treatment Provider (VA) with 20 years of experience in working on the issue of child abuse, I would like to join in the Power of One campaign and am asking for your support, help, cooperation and guidance in making our county and our schools a safe place for our children and families.

I would like to know if the following is in place in the schools and if it is not, I would like to be part of implementing the following:

• A clear and easy to access place within MCPS with information regarding child abuse.This would include information regarding what type of screening of employees,volunteers and programs is being done. It would include red flags / signs and symptoms of abuse. It would include links and information regarding how to report said concerns to the schools, police and CPS. It would include how each of those agencies respond to concerns, allegations and reports.

• A clear and easy to access site within MCPS with the school and county policies regarding such things as: What are the guidelines / rules / regulations for electronic communication / engagement between staff and students? On a county level, what are the regulations for documenting concerning behaviors of staff? What is the protocol /regulation for how departments / agencies share concerns / findings / convictions (i.e. between schools, administration, police and CPS)? Have the loopholes that allowed part-time staff not be held to the same standards as full time staff been closed?

• Education for parents regarding child sexual abuse.

• Education and prevention for children in our schools.

I would welcome the opportunity to meet with any of you to discuss this complex and critically important issue facing the county. Please contact me at your earliest convenience. I look forward to hearing from you and thank you in advance for your time and consideration of this matter. I may be reached either XXXXXXXXX

Sincerely,

Jennifer Alvaro

WPost Editorial Calls Failure to Protect Children "Missteps"

...there were missteps, including the handling of some student sexual abuse cases...

Montgomery’s schools chief should offer a clear agenda for a second term

Breaking!! Starr to Break Silence on Arrests of Staff for Sexual Abuse of Students

It's taken over 14 arrests and a damning Maryland State Board of Education Opinion, but Superintendent Joshua Starr is finally going to address the issue of students that have been sexually assaulted by MCPS staff. 



Superintendent to hold Media Availability about Child Abuse
December 4, 2014 Superintendent of Schools Joshua P. Starr will hold a media availability at 4:00 p.m. TODAY (Thursday, December 4, 2014) to discuss how allegations of child abuse are handled by Montgomery County Public Schools.

The availability will be held at the Carver Educational Services Center, 850 Hungerford Drive, in Rockville in front of the building near the flagpole.

Breaking News: PA Revokes MCPS Teacher's Certificate

The Pennsylvania Department of Education has a webpage that lists the names of teachers who have had their Teaching Certificates revoked or suspended.  They call it their Notification of Certificate Actions Report.

The Maryland State Department of Education does not have a similar public web page.

On the Pennsylvania Department of Education page we learn that earlier this year a former Montgomery County Public School teacher had his Pennsylvania teaching certificate revoked based on the actions previously taken by Montgomery County Public Schools.

Does the Maryland State Department of Education (MSDE) keep a database of decisions regarding revocation or suspension of teaching certificates? Does MSDE make that information public? 
Does MSDE have a reciprocal arrangement with other states to also revoke or suspend certificates based on out of state actions?

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
From the PA Department of Education online database:

Notification Date	9/9/2014
Name of Individual	Daniel J. Picca
Other Names
Date of Birth	11/25/1958
Last School In Which Employed	Montgomery County Public Schools, Maryland
Last Position Held	Teacher
Certificate Type	Instructional I
Certification Area	Elementary K-6
Action Taken	Revoked
Grounds for Discipline	Out of State Adjudication: Educator was revoked in Maryland based on multiple acts of insubordination and misconduct.
Date Action Taken	6/11/2014

Breaking News: Board of Ed. Child Abuse Policy is now 27 Years Out of Date

Updated 1/8/2015.
 
But, who cares?  Seriously. Who cares?  This is only about the safety and security of children when they are entrusted to our public school system. So who cares? Not the Montgomery County Board of Education. The Board of Education has spent 4 meetings in the last 3 months discussing whether or not they can take themselves out to dinner and charge the MCPS budget and NO meetings in 25 years to update the school system's Child Abuse and Neglect Policy. 

Here is the link to the Board of Education's current Policy JHC-EA. Note the last update on page 7. Yes, that says November 1988. Take a look at the first section cited: 5-701 (Page 1). 

This section of Maryland law has been changed a dozen times since 1988.  

**Now, here is CURRENT Maryland Child Abuse and Neglect law section 5-701.**  

Note that sexual abuse now includes pornographic photography, films, poses or similar activity, but no teachers or administrators in MCPS would know that because they have been trained using a Board of Education Policy document that hasn't been updated in 25 years.  27 years.

FAMILY LAW  
TITLE 5.  CHILDREN  
SUBTITLE 7.  CHILD ABUSE AND NEGLECT
Md. FAMILY LAW Code Ann. § 5-701  (2014)
§ 5-701. Definitions.


   (a) In general. -- Except as otherwise provided in § 5-705.1 of this subtitle, in this subtitle the following words have the meanings indicated.

(b) Abuse. -- "Abuse" means:

   (1) the physical or mental injury of a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member, under circumstances that indicate that the child's health or welfare is harmed or at substantial risk of being harmed; or

   (2) sexual abuse of a child, whether physical injuries are sustained or not.

(c) Administration. -- "Administration" means the Social Services Administration of the Department.

(d) Central registry. --

   (1) Except as provided in paragraph (2) of this subsection, "central registry" means any component of the Department's confidential computerized database that contains information regarding child abuse and neglect investigations.

   (2) "Central registry" does not include a local department case file.

(e) Child. -- "Child" means any individual under the age of 18 years.

(f) Court. -- Repealed by Acts 2005, ch. 464, § 2, effective January 1, 2006.

(g) Educator or human service worker. --

   (1) "Educator or human service worker" means any professional employee of any correctional, public, parochial or private educational, health, juvenile service, social or social service agency, institution, or licensed facility.

   (2) "Educator or human service worker" includes:

      (i) any teacher;

      (ii) any counselor;

      (iii) any social worker;

      (iv) any caseworker; and

      (v) any probation or parole officer.

(h) Family member. -- "Family member" means a relative by blood, adoption, or marriage of a child.

(i) Health practitioner. --

   (1) "Health practitioner" includes any person who is authorized to practice healing under the Health Occupations Article or § 13-516 of the Education Article.

   (2) "Health practitioner" does not include an emergency medical dispatcher.

(j) Household. -- "Household" means the location:

   (1) in which the child resides;

   (2) where the abuse or neglect is alleged to have taken place; or

   (3) where the person suspected of abuse or neglect resides.

(k) Household member. -- "Household member" means a person who lives with, or is a regular presence in, a home of a child at the time of the alleged abuse or neglect.

(l) Identifying information. -- "Identifying information" means the name of:

   (1) the child who is alleged to have been abused or neglected;

   (2) a member of the household of the child;

   (3) a parent or legal guardian of the child; or

   (4) an individual suspected of being responsible for abuse or neglect of the child.

(m) Indicated. -- "Indicated" means a finding that there is credible evidence, which has not been satisfactorily refuted, that abuse, neglect, or sexual abuse did occur.

(n) Law enforcement agency. --

   (1) "Law enforcement agency" means a State, county, or municipal police department, bureau, or agency.

   (2) "Law enforcement agency" includes:

      (i) a State, county, or municipal police department or agency;

      (ii) a sheriff's office;

      (iii) a State's Attorney's office; and

      (iv) the Attorney General's office.

(o) Local department. -- Except as provided in §§ 5-705.1 and 5-714 of this subtitle, "local department" means the local department that has jurisdiction in the county:

   (1) where the allegedly abused or neglected child lives; or

   (2) if different, where the abuse or neglect is alleged to have taken place.

(p) Local department case file. -- "Local department case file" means that component of the Department's confidential computerized database that contains information regarding child abuse and neglect investigations to which access is limited to the local department staff responsible for the investigation.

(q) Local State's Attorney. -- "Local State's Attorney" means the State's Attorney for the county:

   (1) where the allegedly abused or neglected child lives; or

   (2) if different, where the abuse or neglect is alleged to have taken place.

(r) Mental injury. -- "Mental injury" means the observable, identifiable, and substantial impairment of a child's mental or psychological ability to function.

(s) Neglect. -- "Neglect" means the leaving of a child unattended or other failure to give proper care and attention to a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of the child under circumstances that indicate:

   (1) that the child's health or welfare is harmed or placed at substantial risk of harm; or

   (2) mental injury to the child or a substantial risk of mental injury.

(t) Police officer. -- "Police officer" means any State or local officer who is authorized to make arrests as part of the officer's official duty.

(u) Record. -- "Record" means the original or any copy of any documentary material, in any form, including a report of suspected child abuse or neglect, that is made by, received by, or received from the State, a county, or a municipal corporation in the State, or any subdivision or agency concerning a case of alleged child abuse or neglect.

(v) Report. -- "Report" means an allegation of abuse or neglect, made or received under this subtitle.

(w) Ruled out. -- "Ruled out" means a finding that abuse, neglect, or sexual abuse did not occur.

(x) Sexual abuse. --

   (1) "Sexual abuse" means any act that involves sexual molestation or exploitation of a child by a parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member.

   (2) "Sexual abuse" includes:

      (i) allowing or encouraging a child to engage in:

         1. obscene photography, films, poses, or similar activity;

         2. pornographic photography, films, poses, or similar activity; or

         3. prostitution;

      (ii) human trafficking;

      (iii) incest;

      (iv) rape;

      (v) sexual offense in any degree;

      (vi) sodomy; and

      (vii) unnatural or perverted sexual practices.

(y) Unsubstantiated. -- "Unsubstantiated" means a finding that there is an insufficient amount of evidence to support a finding of indicated or ruled out.

HISTORY: 1987, ch. 635, § 2; 1989, ch. 395; ch. 730, §§ 1, 2; 1993, ch. 318, § 1; 1994, ch. 728; 1998, ch. 46; 1999, ch. 214; 2001, ch. 414; 2002, ch. 279; 2003, ch. 308; 2005, ch. 464, §§ 2, 3; 2006, ch. 44, § 6; 2012, chs. 342, 343.

"...MCPS continued for fifteen years to employ a teacher who had been found responsible for indicated child abuse."

As a reminder, the above quote was from an Administrative Law Judge Opinion and released as part of a Maryland State Board of Education Opinion.

The ALJ Opinion was July 2, 2012.  What has MCPS done since that time to stop this practice?

See list of MCPS teachers/staff arrested since 2012 at this link.

MCPS Should Have Called Child Protective Services 25 Times...Another Teacher with Restrictions on his ability to touch students!

Instead of calling Child Protective Services, MCPS has set up an internal database for instances that "just don't feel right."  

Note to the Board of Education and Superintendent Joshua Starr:  YOUR RESPONSIBILITY IS TO CALL CHILD PROTECTIVE SERVICES when there is suspected inappropriate contact between a teacher and a child.  That's the law! It is Child Protective Services' job to investigate!  

Look what this Gazette article reveals! Another teacher with restrictions on his ability to TOUCH students!  How many teachers/staff today have a restriction on their ability to touch or interact with students?

Gazette:  New Montgomery school database tracks reported inappropriate staff behavior

About 25 incidents entered this school year

...One staff member involved in an incident that was reported in the database this year was terminated after he had previously been told not to touch students, Grundy said. Other incidents listed included a teacher who tapped a student on the butt and another who lifted students in the air.

...One employee, who had previously been told not to touch students, was terminated this school year after he was seen holding hands with two female students, Grundy said. Grundy said he thinks that, in that case, the principal would have picked up on the repeated behavior without the help of the database...

------------------------------------------------
Wednesday March 5, 2014

New Montgomery school database tracks reported inappropriate staff behavior

by Lindsay A. Powers

A new database in Montgomery County Public Schools to track reported allegations of inappropriate staff behavior with students is up and running — and being put to use.
About 25 incidents have been entered into the database this school year, according to Robert Grundy, director of the Performance Evaluation and Compliance Unit in the school system’s Human Resources and Development Office.
One staff member involved in an incident that was reported in the database this year was terminated after he had previously been told not to touch students, Grundy said. Other incidents listed included a teacher who tapped a student on the butt and another who lifted students in the air.
Superintendent Joshua P. Starr said in a June memorandum that the school system would use a confidential database as part of its new tracking system for staff members who engage in inappropriate behavior with students.
Grundy said the database serves as a central location for reported incidents, making it easier to track and “establish a pattern” of behavior from an employee who changes schools.
Grundy said the employee’s name and identification number go into the database — essentially a complex Excel spreadsheet — when a report is made.
“If the same number goes in, it turns red,” he said. “You know there’s a prior incident.”
A report of alleged inappropriate behavior has to be made by a principal for it to be entered in the system, Grundy said.
The school system enters all such reports from principals, he said.
“We’re trying to get those things that just don’t feel right so early on we’re picking these things up as opposed to after the fact,” he said.
Grundy said the school system does not want the database to supplant a call to Child Protective Services.
In addition to entering current incidents, the school system is also going back in its records to add older incidents to the database as well, Grundy said.
Those older incidents include cases that are “more egregious” than what is typically seen and that either the school system’s human resources office or an individual school investigated, he said.
As he has gone back through the records, Grundy said, he said he found that the person involved in each incident has resigned or been terminated in almost every case.
Of the 25 incidents reported this year, Grundy said, one involved a staff member who “tapped a student on the butt.”
Another incident involved a second-grade teacher who lifted students up and down simulating a rollercoaster as a reward in the classroom.
One employee, who had previously been told not to touch students, was terminated this school year after he was seen holding hands with two female students, Grundy said. Grundy said he thinks that, in that case, the principal would have picked up on the repeated behavior without the help of the database.
The database, however, is aimed more at careful reporting that catches behavior from staff members who don’t stay under one principal or at one school.
“We told the principals we want everything reported,” Grundy said.

Breaking News! State BOE "shine a light on abusive conduct..of school staff toward children" Picca v. BOE

September 25, 2012, Opinion from the Maryland State Board of Education in the Picca v. Montgomery County Board of Education matter :

"...Recent child sex abuse cases have shone a bright light in that dark corner.  We think that this case can shine a light on the abusive conduct, albeit infrequent, of school staff toward children.  We ask local boards to review and put in place a policy addressing teacher and staff conduct with students, and make it a part of the message in staff training and meetings.  We ask local boards to inquire about the safeguards that are in place to assure that the type of persistent conduct that occurred in this case does not occur in their schools..."

 Picca.OpinNo.12-34