MCPS General Counsel Leaves Too. Superintendent Jack R. Smith's New Regime Begins

As Superintendent Jack R. Smith's contract is renewed today for another 4 years, we learn that another top MCPS administrator is gone.

From the Baltimore City Board of School Commissioners February 11, 2020 meeting minutes.

MCPS Hiring General Counsel

General Counsel
Company Name  Montgomery County Public Schools Company Location  Rockville, Maryland, United States
Posted DatePosted 1 week ago
Number of applicants
43 applicants

Description

SUMMARY DESCRIPTION:

The general counsel is responsible for ensuring cost-effective, creative, and proactive legal problem solving of the highest quality to assist the Board, the superintendent of schools, and other Montgomery County Public Schools (MCPS) staff to navigate legal requirements, evaluate and manage legal risk, align and conserve resources, promote collaborative dispute resolution and reduce avoidable litigation, if possible, and engage in strategic decision making to promote equity and academic excellence for all students. The general counsel reports directly to the superintendent of schools (superintendent) and the superintendent will supervise day-to-day school, administrative, and operational matters involving the general counsel. As a member of the superintendent's cabinet, it is expected that the Montgomery County Board of Education (Board) officers and the Board's chief of staff will work with general counsel on matters directly related to the daily work of the Board office. Serves as legal advisor on matters related to policy decision making. The superintendent and Board officers will collaborate on legal matters that have systemic implications or impact the overall operation of MCPS. Coordinates all legal counsel serving MCPS and the Board and supervises attorneys and other staff in the Office of the General Counsel.

https://www.linkedin.com/jobs/view/1693392524/?alternateChannel=search

Fremont: City sues company that sold it turf fields ‘certain to fail’

Fremont is suing a company it claims sold the city three artificial turf fields that were flawed and deteriorated faster than promised.

FieldTurf USA, Inc., a Florida corporation, “sold Fremont artificial turf fields it knew were defective and certain to fail,” according to the complaint filed Aug. 30 in U.S. District Court in Oakland.

Fremont joined other cities, counties and school districts that sued the same company contending they were similarly burned...

http://www.eastbaytimes.com/2017/09/14/fremont-city-sues-company-that-sold-it-turf-fields-certain-to-fail/

WTOP: Supporters of sexual abusers send damaging, confusing message to kids

WASHINGTON — More than two dozen people showed up at the sentencing of a teacher convicted of sexually abusing children at the school where he worked.

But they weren’t there to support the children.

They were there to support 50-year-old John Vigna, who’d just been sentenced to 48 years behind bars. They wore white T-shirts that said “#VignaStrong.”

Jennifer Alvaro, a licensed clinical social worker who has worked treating child sex offenders, said that kind of demonstration of support for an accused (and even a convicted) abuser is not uncommon, especially in high-profile cases.

“When prominent people are found to have committed child sexual abuse, there’s often supporters who come out to support the offender, not the victims.”

Alvaro said that people who abuse children put themselves in positions where they have access to children, and they work to gain trust. “The way people get access to children is by grooming the adults around the child. Making people believe they’re a good person, they’re a kind person, they’re a helpful person, they’re safe to have around children.”

The more prominent a person is in a community, the less likely it is that people will believe the victims, and the more likely it is that people will believe the offender, Alvaro said...

http://wtop.com/maryland/2017/08/supporters-sexual-abusers-damaging/

MCPS Top Salaries $175,000 - $275,000

First column shows salary for employees on spreadsheet. Example:  $275,000 is base salary for Jack R. Smith.
This chart does not include benefits and perks. 

No Swarmin’ Hornet on Damascus water tower, but a ‘D’ will be added to show school spirit

...The university said it would require Damascus to include a slogan that read, “Home of the swarmin’ hornets,” which was not part of the initial design and would have cost time and money — an additional $2,000-$3,000 — to include, Furnells said. Negotiations with lawyers would also have taken time that the school did not have because painting by the WSSC is scheduled to begin this weekend and be completed Monday, weather permitting...
https://www.washingtonpost.com/local/md-politics/no-swarmin-hornet-on-damascus-water-tower-but-a-d-will-be-added-to-show-school-spirit/2017/07/08/79c234ae-63f8-11e7-84a1-a26b75ad39fe_story.html?utm_term=.d06ede056a94#comments

Publc School Arrests 10 year old with Autism for Acting Out. Child handcuffed, spends night in detention. #publicschool failure

A Florida mother filmed the arrest of her 10-year-old son as school resource deputies handcuffed him and took him away.
The boy, who has autism, is accused of battery of a school employee in Okeechobee County because he kicked a teacher last November. The offense is a third-degree felony.
His mother Luanne Haygood said her son shouldn’t have been arrested for the incident.
“It was because of his autism that spurred this incident,” Haygood told WPTV. “And he was arrested for that.”
In the video, which Haygood recorded on her cell phone, her son John Benji Haygood is heard as officers place handcuffs on his wrists.
“I don’t want to be touched. Please don’t touch me,” the boy says in the video. “I don’t know what’s going on.”
Not wanting to be touched can be a symptom of autism, according to Autism Speaks.
Haygood said watching her son be cuffed and put in a law enforcement vehicle “broke her heart.” She said the 10-year-old boy then spent the night at a juvenile facility in Fort Pierce, Florida.
Although the incident took place last year, deputies said they couldn’t serve the arrest paperwork until last week.

http://www.miamiherald.com/news/nation-world/national/article145281069.html

Read more here: http://www.miamiherald.com/news/nation-world/national/article145281069.html#storylink=cpy

 and first court appearance

http://www.wpbf.com/article/child-with-autism-arrested-in-okeechobee/9269563

Time for a Spotlight on Sexual Abuse in our Schools and the Failures to Report It

Sex abuse in schools. No one wants to think about it let alone talk about it. But we must because the statistics are staggering and because living in denial puts children at risk. It wasn’t too long ago that no one wanted to talk about what was happening to children at the hands of priests either and we all know how that turned out. But as with the Catholic church, this is a very real problem in our schools nationally. Rhode Island is no exception.

Cranston West High School is the latest school here in Rhode Island to make news for a teacher allegedly abusing a student and the story gets worse by the day. Not only has a science teacher with a history of similar incidents in the past been arrested on twelve counts of second-degree sexual assault, but it turns out that a school psychologist had ample reason to suspect the abuse, yet chose to stay silent. He too has been arrested.

http://goodschoolhunting.org/2017/04/time-spotlight-sexual-abuse-schools-failures-report.html

As of April 2017: List of MCPS Staff Arrests and Notices - Sexual Abuse of Students or Inappropriate Activity with Students

   2017 April List of Known MCPS Offenders by Parents' Coalition of Montgomery County, Maryland on Scribd

VA Superintendent Sends Letter About Teacher's 'Inapropriate Relationships' 2 Years After Instructor Resigned

""

Loudoun County's superintendent has called for a former band instructor's teaching license to be revoked two years after the instructor resigned -- raising questions about why the call to action wasn't made sooner.

Brian Damron resigned from his position at Dominion High School in Sterling, Virginia in 2015 before starting a teaching job in Florida...

Source: Virginia Superintendent Sends Letter About Teacher's 'Inapropriate Relationships' 2 Years After Instructor Resigned | NBC4 Washington http://www.nbcwashington.com/news/local/Superintendent-Sends-Letter-About-Teacher-2-Years-After-Resignation-416383293.html#ixzz4bc8zy6oT
Follow us: @nbcwashington on Twitter | NBCWashington on Facebook

The Supreme Court Rules In Favor Of A Special Education Student

School districts must give students with disabilities the chance to make meaningful, "appropriately ambitious" progress, the Supreme Court said Wednesday in an 8-0 ruling.
The decision in Endrew F. v. Douglas County School District could have far-reaching implications for the 6.5 million students with disabilities in the United States.

The case centered on a child with autism and attention deficit disorder whose parents removed him from public school in fifth grade. He went on to make better progress in a private school. His parents argued that the individualized education plan provided by the public school was inadequate, and they sued to compel the school district to pay his private school tuition.
The Supreme Court today sided with the family, overturning a lower court ruling in the school district's favor.

http://www.npr.org/sections/ed/2017/03/22/521094752/the-supreme-court-rules-in-favor-of-a-special-education-student

Maryland delegate's effort to allow child abuse lawsuits clears hurdle

C. T. Wilson gathered his courage, told his colleagues in the Maryland House of Delegates about how he was sexually abused as a child and urged them to allow child victims more time to file lawsuits against their attackers.
The first two times he did that, the Charles County Democrat saw his proposal die in a House committee without even being called for a vote.

He said it was a relief after repeatedly giving painful testimony.
"It's a huge accomplishment. Also a huge weight," Wilson said. "To expose yourself like that is so painful."

For the bill to advance, two powerful opponents had to be won over: the Catholic Church and Del. Joseph F. Vallario Jr., chairman of the Judiciary Committee. Their concerns were satisfied when the bill was amended to make it more for difficult for victims older than 25 to win damages in civil lawsuits...

http://www.baltimoresun.com/news/maryland/politics/bs-md-abuse-statute-20170315-story.html

Virginia Governor Signs Teacher Misconduct Reporting Law

Gov. Terry McAuliffe (D-Va.) signed a new law to protect students from teachers who engage in sexual misconduct.

The law requires all Virginia school districts to report cases of possible misconduct to the Virginia Department of Education within 10 days of learning of the allegations. Sponsors of the legislation said they sought new law because of the findings of a December investigation by the News-4 I-Team, which showed Fairfax County Public Schools waited years before formally requesting license revocation for four teachers who admitted sexual misconduct.

Source: Virginia Governor Signs Teacher Misconduct Reporting Law | NBC4 Washington http://www.nbcwashington.com/investigations/Virginia-Governor-Signs-Teacher-Misconduct-Reporting-Law-415008953.html#ixzz4a6JvkvMg
Follow us: @nbcwashington on Twitter | NBCWashington on Facebook

.@mocoboe spends $26,459 in July 2016 Fighting Families of Kids with Disabilities

Special Education Legal Expenses


Special education legal fees for outside counsel for July 2016 totaled $26,459, and the entire
amount was for services by Jeffrey A. Krew. The year-to-date total of $26,459 is $24,613 more
than the same period in the previous year.
******************

After spending 58% more in FY16 on special education legal fees for outside counsel than the Board of Education did the year before, the Montgomery County Board of Education is off to another high-spending start in FY2017.

How California's Largest School District Blamed an 8th Grader for Her Rape #mocoboe #mcps #larrybowers #joshuapstarr #jerrydweast #sexualabusestudents

"...that is to say, an institution with more than 655,000 students kept fighting to probe the sexual history of an eighth grader molested while in its care..."

When “M.S.” was 13, her math teacher at Edison middle school in Los Angeles invited her to be friends online. Soon, according to a California appeals court, the same teacher started sending her sexually explicit messages. That winter, he called the 8th grader into a classroom and told her to shut the door. The teacher, Elkis Hermida, kissed and hugged the student. In March, he drove M.S. (as she’s referred to in court records, to protect her privacy), then 14, to a motel, where, according to the court, “they had sexual intercourse.” On a second occasion, “they … had sexual intercourse” in Hermida’s classroom.
“The next time they had sexual intercourse was on a Saturday at a motel,” the court records say. “Hermida told her that they were not in a relationship but were just having sex.” At that point, M.S. “wanted to stop having sexual intercourse with Hermida, but did not feel that she was free to do so.” At their next encounter, the teacher wanted anal sex. M.S. objected. “Hermida inserted something into her anus anyway,” the court said.

That May, a friend of M.S. alerted another teacher to the relationship. That teacher reported Hermida, who was quickly arrested, charged, and sent to prison for three years. M.S.’s family sued the Los Angeles Unified School District [LAUSD] for negligence.
This is the story of the LAUSD’s depraved defense...[in the civil trial]

http://www.theatlantic.com/politics/archive/2015/10/lausd-ms-wyatt-elkis-hermida/410077/

What MCPS Does Not Have: Code of Ethics for Educators - Here is Model Code from NASDTEC

MCPS administrators and Board of Education (BOE) members love going to conferences. Apparently, this is one organization that doesn't have a conference that MCPS or the BOE attend.  

Montgomery County Public Schools does not have a Code of Ethics for staff. 

Here is a Model Code of Ethics for Educators that is put out by the National Association of State Directors of Teacher Education and Certification.  


Read it and then send the Board of Education a copy.  
They have never seen anything like this before. 

Principle I:  Responsibility to the Profession

Principle II:  Responsibility for Professional Competence

Principle III: Responsibility to Students

Principle IV:  Responsibility to the School Community

Principle V:  Responsible and Ethical Use of Technology

Glossary

Rationale for Development of MCEE

Provide a Brief Comment on the MCEE

Provide a full review of the MCEE

Principle III: Responsibility to Students

The professional educator has a primary obligation to treat students with dignity and respect.  The professional educator promotes the health, safety and well being of students by establishing and maintaining appropriate verbal, physical, emotional and social boundaries. 

A. The professional educator respects the rights and dignity of students by:

1. Respecting students by taking into account their age, gender, culture, setting and socioeconomic context;
   
2. Interacting with students with transparency and in appropriate settings;
   
3. Communicating with students in a clear, respectful, and culturally sensitive manner;
   
4. Taking into account how appearance and dress can affect one’s interactions and relationships with students;
   
5. Considering the implication of accepting gifts from or giving gifts to students;
   
6. Engaging in physical contact with students only when there is a clearly defined purpose that benefits the student and continually keeps the safety and well-being of the student in mind;
   
7. Avoiding multiple relationship with students which might impair objectivity and increase the risk of harm to student learning or well-being or decrease educator effectiveness;
   
8. Acknowledging that there are no circumstances that allow for educators to engage in romantic or sexual relationships with students; and
   
9. 
   Considering the ramifications of entering into an adult relationship of any kind with a former student, including but not limited to, any potential harm to the former student, public perception, and the possible impact on the educator’s career. The professional  educator ensures that the adult relationship was not started while the former student was in school.
   

B. The professional educator demonstrates an ethic of care through:

1. Seeking to understand students’ educational, academic, personal and social needs as well as students’ values, beliefs, and cultural background;
   
   
2. Respecting the dignity, worth, and uniqueness of each individual student including, but not limited to, actual and perceived gender, gender expression, gender identity, civil status, family status, sexual orientation, religion, age, disability, race, ethnicity, socio-economic status, and culture; and
   
3. 
   Establishing and maintaining an environment that promotes the emotional, intellectual, physical, and sexual safety of all students. 
   

C.  The professional educator maintains student trust and confidentiality when interacting with students in a developmentally appropriate manner and within appropriate limits by:

1. Respecting the privacy of students and the need to hold in confidence certain forms of student communication, documents, or information obtained in the course of professional practice;
   
   
   
   
2. Upholding parents’/guardians’ legal rights, as well as any legal requirements to reveal information related to legitimate concerns for the well-being of a student; and
   
3. 
   
   
   Protecting the confidentiality of student records and releasing personal data in accordance with prescribed state and federal laws and local policies.

Let's Recap: BOE Did Not Fire Teacher Who Plead Guilty to Sexual Abuse of Student.

Now that the Gazette has been shuttered, some of the facts from the MCPS sexual abuse cases of the last few years might get forgotten.

Here's one to remember. The Montgomery County Board of Education does not consider a teacher having a sexual relationship with a student to be a fireable offense.

The Montgomery County Board of Education allowed teacher Richard Shemer to resign after his arrest on sexual abuse charges, supposedly after some sort of "internal" investigation.

Yet, in Circuit Court, MCPS teacher Richard Shemer plead guilty to sexual abuse of a minor. 

Exclusive: BOE Did Not Fire Shemer, They Allowed Him to Resign After Internal Investigation 

If you think The Washington Post will ever report on these types of facts, think again.  

BOE to Leave Children in Danger of Being Sexually Abused, BOE to Accept Illegal Policy

Open Letter from Jennifer Alvaro to Montgomery County Board of Education in advance of their Monday, June 29, 2015, vote on Policy JHC Child Abuse and Neglect.

------------------------------ 

June 21, 2015 

To:  Montgomery County Board of Education

In 2012, you were instructed by the state board of education to correct errors and flaws committed by MCPS which allowed and enabled a member of your staff to continue sexually abusing students for years. You chose to do nothing. Since 2012, the public has been made aware of well over a dozen cases where MCPS staff have been arrested & convicted (for sexual abuse) or publicly identified as being as inappropriate sexually to our children.

Please share your rational for ignoring the state board of education and their recommendations.

Please tell me other situations where constituents are ignored and dismissed without being spoken to directly after 3 years of outreach.

Please tell the public what other workgroup(s) MCPS has convened (which have been downgraded to advisory group) whose own group members have to file freedom of information requests to get public documents that relate to the issue they are working on. Information I am still waiting for, I might add.

Please share with the public what other policies & regulations MCPS are currently implementing or planning to implement with full knowledge they violate / conflict with current laws, statutes and AG opinions.

Please share with the public how it is possible to pass a policy based upon other critical documents that have not yet been written much less approved.

Please explain how the schools are going to train 23,000 employees and countless volunteers about sexual abuse without being able to show them (via the code of conduct) what grooming behaviors are.

Please share with us, why county leadership is willing to pass a policy when MCPS staff who are the lead members of the advisory group have stated in meetings, “it’s not perfect” and “we’ve done a lot but still need to do more”.

Please share with us how we as parents are to find it reassuring or acceptable you as a board are going to leave our children in danger of being sexually abused by your staff by you passing a flawed policy because, “we are going to review it every year”. Please show us hard data where this has worked for you in the past.

Please explain how it is acceptable to attempt to publicly blame & shame parents by making public comments saying they have demanded action but now are demanding you slow down. These parents (myself included) are simply asking you to postpone one vote and demand accountability and excellence from your staff so our children are safe. We are not asking you to slow down anything, had you demanded excellence from your staff, we would now be supporting approval of the policy.

Please explain how it is acceptable for the leaders of a world class school system to have abdicated their most basic duty to ensure safety and demand excellence.

Please explain how it is acceptable to knowingly do the wrong thing because you have delayed doing the right thing for so long.

Please reflect upon the following:

“To study psychological trauma is to come face to face both with human vulnerability in the natural world and with the capacity for evil in human nature. . . Those who bear witness are caught in the conflict between victim and perpetrator. It is morally impossible to remain neutral in this conflict. The bystander is forced to take sides. It is very tempting to take the side of the perpetrator. All the perpetrator asks is that the bystander do nothing. He appeals to the universal desire to see, hear, and speak no evil. The victim, on the contrary, asks the bystander to share the burden of pain. The victim demands action, engagement, and remembering”. Judith Herman

Jennifer Alvaro
MCPS Child Abuse Advisory Group Member 
Parent of 2 MCPS Students 
Alumni of MCPS Schools 
Licensed Clinical Social worker (MD &VA) 
Certified Sex Offender Treatment Provider

Unbelievable! PTA Silent on Sexual Abuse of Students by MCPS Staff

Montgomery County Public Schools have had almost 20 arrests (that we know about - no count of the number of incidents that have been covered up by allowing the perpetrators to "retire" or "resign") of teachers, staff, substitutes and contractors who have sexually assaulted or had sexual interactions with students in the last 3+ years.

On Monday, June 29, 2015, the Montgomery County Board of Education will finally review their Child Abuse Policy after ignoring the Policy for 26+ years.

What do the 196 PTAs in the county and MCCPTA have to say about this Policy? 

Nothing. Absolutely nothing. Not a word. 

Apparently, MCCPTA and all of the local PTAs could not care less about the sexual abuse and sexual interactions of MCPS students by teachers, staff, substitutes and contractors.

Well, PTA is just a dues paying club and, apparently, the members of this club do not consider the safety of public school children a priority. 

Here are the comments that the Board of Education received regarding their upcoming review of this Policy.
No comments in here from any Montgomery County PTA or from MCCPTA.

   JHC Public Comments 1-45 by Parents' Coalition of Montgomery County, Maryland

Additional comments are at this link.

Advisory Group Member Tells BOE to Reject Policy as Written. Tells BOE to Reflect Upon the Words of Augustine of Hippo, "Right is right even if no one is doing it; wrong is wrong even if everyone is doing it.”

Comments on proposed policy and protocols regarding child abuse and neglect.

6/7/15 Submitted to Montgomery County Board of Education

By: Jennifer Alvaro

Thank you in advance for your time and consideration in this matter. For 3 years I have been engaged with Montgomery County schools and officials to improve their prevention and response to child sexual abuse of its students. As a member of the original MCPS Child Abuse Work group (formed due to my advocacy in April of 2014); and as a member of the current Child Abuse Advisory group I would urge you NOT to implement the current policy as submitted to you by the schools.

The current version of the draft policy appears superficially to be a comprehensive response to the astounding trail of abuse committed over years by dozens of school system employees and contractors against our children. In reality the policy and regulations are so riddled by errors, loopholes and conflicting information they would be a step backwards instead of forward.

I will not waste time here enumerating the legal flaws in the policy or regulations, I would instead refer you to the excellent submission by Ellen Mugmon for that information.

Now is not the time to mince words or spare feelings. Mincing words, sparing feelings and ignoring reality have landed MCPS in the national spotlight for failing in every sense of the word to do what is right to protect our children from those who have roamed freely in our schools and have been allowed to harm them, their friends, their families, other staff and their communities.

This policy and these procedures, even if corrected regarding the legal aspects, will still only be words on paper unless you demand other action be taken as well. This plan is doomed to failure unless there is an infrastructure to implement, maintain and continue its mission. Parceling aspects of the work out among various departments and people (who have no expertise in this field) is planning for failure. This plan is doomed to failure as long as the system continues to operate in secrecy, not only from the public but from its own advisory group members as well. This plan in doomed unless other correlating documents / policies / departments / regulations are brought into line and into compliance with these policies. For example, how long will the board continue to allow MCPS to tell staff and students (regarding sexual harassment):

"Prohibited conduct may include, but is not limited to, unwelcome behavior of a sexual nature. For example: Grabbing, touching, or patting / Sexual propositions / Sexually offensive pictures, magazines, notes, calendars, cartoons, or jokes / Unwanted flirtations or advances / Verbal abuse / Repeated pressure or requests for sexual activities / Rewards for granting sexual favors or the withholding of rewards for refusing to grant sexual favors /Graphic comments about an individual’s body or dress / Sexually degrading names / Such conduct may also constitute sexual harassment. In determining whether prohibited conduct constitutes sexual harassment, consideration will be given to the totality of the circumstances, including the context in which the conduct occurred. Dating or sexual relationships between employees/adult volunteers and students is prohibited.”
http://www.montgomeryschoolsmd.org/info/sexualharassment/

Shockingly, students and staff are advised to report the aforementioned behaviors NOT to police or Child Protective Services but rather to school staff and parents. This breach of duty has been brought repeatedly to the attention of your staff over the past year and yet, to this day, remains unedited on your website. When will an employee code of conduct be published? Codes of conduct for staff and volunteers are a critical piece of any response to addressing child abuse & neglect. Why is participation in the drafting of the code being hidden from Advisory group members and limited to
“internal stakeholders” / “superintendent’s cabinet”?

These are some of many examples which could be provided to highlight the egregious nature of what is acceptable, condoned and allowed to continue under the guise of protecting our children.

I ask you to demand a full, impartial investigation be conducted (with a public report and accounting) regarding the systemic failure of the schools to protect our children and staff from these abuses over the past decades.

I ask you to reject this policy as currently written and if and when corrected, continue to reject it without reviewing and approving the procedures, regulations, MOUs and other corresponding components (specifically the secret database of suspicious and inappropriate employees and those on restricted plans / instructions) related to this critical work. I ask you to commit to the protection of our children and staff. I ask you to reflect upon the words of Augustine of Hippo, "Right is right even if no one is doing it; wrong is wrong even if everyone is doing it.”

Sincerely,

Jennifer Alvaro
MCPS Child Abuse Advisory Group Member 
Parent of 2 MCPS Students 
Alumni of MCPS Schools 
Licensed Clinical Social worker (MD &VA) 
Certified Sex Offender Treatment Provider

Comments on Proposed Policy and Protocols Regarding Child Abuse and Neglect by Parents' Coalition of Montgomery County, Maryland