Showing posts with label CA Govt. Show all posts
Showing posts with label CA Govt. Show all posts

Thursday, August 16, 2012

A Whole Lot of Lawsuits in Jurupa Unified School District in Riverside


First published THURSDAY, JANUARY 26, 2012
San Deigo Education Report

 by Richard D. Ackerman Attorney at Law
Subject: Ermine Nelson: PERB Case No. LA-CE-5517-E

I attended yesterday’s 01/26/2012 PERB hearing for Ms. Ermine Nelson [PERB Case No. LA-CE-5517-E].

 The hearing went very well from my perspective. What was alarming, however, is what was testified to about the absolute inaction and ignorance of the leadership of the employee unions’ representatives within the Jurupa Unified School District. Based on the fact that I contacted union leadership for the NEAJ and CSEA before then, I can only assume that the disregard of what the District is doing is intentional or you are being union-busted by the District and don’t even know it.

Under Government Code §§ 3540-3543 and related provisions of law, the District had an absolute duty to send any grievances, however old or new, merit or no merit, directly to the Union upon receipt (where the grievance originated from a member or presumed employee). In this particular case and many others I have tried to tell you about, NEAJ was never aware of grievances (as many as 28 in one case alone in July 2010).

Under oath and cross-examination, Tamara Elzig testified to the two following key facts. Her testimony is memorialized and recorded:

1. It is the District’s position that union and employee rights go on leave at the same time the employee goes on medical leave (regardless of whether breaches of the CBA occurred even while on leave – Which would include: breaches of union privacy, keeping information from the union, interfereing with lawful association of union members, and interfering with attorney work-product under CCP 2018, and union busting);

2. It is the District’s position that it does not have to forward grievances to the Unions when it feels that there is no merit to the grievance.

I very quickly, in an objection-response exchange, mentioned to Judge Cu that we have not filed a charge against the District’s unions. I am aware of 150+ grievances that have been filed by my clients alone (both classified and certificated). I am going to very nicely ask you folks to once again review your policies, practices, and procedures to make sure that your members’ rights aren’t being trampled right under your noses. As you know, the Code does confer the right to an individual employee to bring a Superior Court action. We have already mentioned the violation of many of these rights in Archambault v. JUSD, et.al. (a First Amendment, Due Process, anti-discrimination, ant-racism, and Equal Application declaratory relief case).

If you all really believe that DFEH, EEOC, USDOE, CTA, NEA, CDOE will take to the position that a disabled employee, on approved medical leave, cannot file any grievances whatsoever, this will be a REALLY BIG PROBLEM not only for the District, but for you. If the lack of attention to grievance processes meant that employees did not know they could even file grievances, there is a bigger problem. Unfortunately, there is plenty of sworn testimony on this issue already.

It makes one wonder about how many other employee problems were kept from you and the CSEA. Worse yet, how many breaches of confidentiality of membership, representative organizations, and counsel have occurred? It is a federal and state crime to monitor union membership communications without adequate notice and without sufficient probable cause. I am reserving all rights my clients have under Section 1983 and to take further action.

The District has already lost a motion under CCP 425.16, rendered damaging sworn testimony on lack of Due Process in the Braden arbitration conducted before Hon. Arturo Morales, and Superintendent Elzig’s performance yesterday was an outright admission of an intention to directly interfere with Union Rights. We already know from the Norman and Gonzalez cases that the District monitors all communications over its electronic wire systems and mail systems (as defined under Federal Law) and is aware of and checks the content of union and legal counsel writings and communications. Employees and union membership are not adequately warned of the tapping.

With regard to Mr. Vigrass, why don’t you have a private e-mail address for Union business? The District has already proven that it knows what you discuss. You have no less than two or three members under fire for what was allegedly found on their classroom computers (including Union business). Some of the horrifically perturbing information was placed on my client’s computer, in the Norman case, after he was already on administrative leave (a literal, figurative, and unconstitutionally sound reality).

Yesterday, your District proved, beyond a doubt, that it doesn’t see your union activities as confidential. Superintendent Elzig and her counsel vigorously argued for a claim to know what you are up to, when you meet with your members, and how many times. This is constitutionally unacceptable and, in my privileged opinion, violates many state and federal laws.

The ALJ also could not rule on whether your discussions with accused union members was/is confidential. I am supposed to brief that issue. I’ve never been to a PERB hearing and didn’t even know what PERB was before this proceeding.

Fortunately for the Union, in this limited case, you were not at the scene of ‘crime’ as it were. The unions had already chosen to ignore Nelson’s case and the District made CBA union representatives look ignorant and ineffective. As you can see from the attached briefing done in CSEA cases and testimony, this isn’t new.

I do know what the law is and basically had to argue it for the unions. It is the District’s position, through counsel and Elzig, that your communications with members are fair game. Worse yet, you have an indemnity provision in your CBA that gives the unions the privilege of paying the District’s bill (at their discretion), win, lose or draw. This is a constitutional and due process disaster of unprecedented proportion. I have many friends who are public employees, in official and elected capacities, and none would approve of this – regardless of politics.

I will look back in my files to find the e-mail from the CSEA’s Janet Jones telling me to mind my own business. More than one of my certificated clients has/have heard similar threats from others aside from Messrs. Sibby and Vigrass. I believe that you have all the right intentions, but your rights, as well as those of your members, have been trampled to death. Identifying what’s left of those rights will not be cheap, easy, or likely to come through my one-man office. I just got out of the hospital myself, am still being diagnosed and evaluated, and am overwhelmed by what is going on within this District. I am desperately hanging on to my ability to achieve victories for your members, but also don’t have the resources to keep it up if the Unions don’t get involved more visibly and effectively.

The amount of real exposure created for the Unions is beginning to be massive to say the least. I am on your side, but I don’t have the resources or manpower to argue matters directly affecting your leadership. Messrs. Sibby and Vigrass have been upfront with me, pursued what information they could verify, and don’t appear to be neutral on the rights of their members. Even with their efforts, the District has now crossed battlefield lines that will end up with innumerable casualties of failures in applying the Principles of the Constitution.

Should you choose to share this e-mail with Ms. Elzig and Mr. Duchon, if they have not already seen it, please let them know that these are simply my opinions and the hearing transcript speaks for itself. The unions got worked over bad and were made to look very stupid and ignorant – and it wasn’t by me.

Perhaps we should discuss this in a more confidential forum. My clients are very concerned and so am I. If you want to meet with my clients as a group and get your colleagues to join us from the CSEA, it would be appreciated.

Richard D. Ackerman
Law Offices of R.D. Ackerman
www.AttorneyAckerman.com


I AM RE-POSTING THIS PEICE AS I HAVE UNCOVERED THAT JURUPA USD HAS THE MOST PENDING OAH - bullshit - hearings planned than any other SCHOOL district ALMOST EQUAL TO LAUSD. LAUSD IS MORE THAN 20x the size of JURUPA!  
I, PRAETORIAN

Friday, July 20, 2012

"I Know the Financial, Personal, Emotional and Physical Damage... "

by Lorna Stremcha

I know first hand the financial, personal, emotional and physical damage that can result when school administrators, the Montana Education Association and the National Education Association put their own interests above the students, teachers and the taxpayers of the State of Montana My files contain mountains of paperwork including depositions, declarations of truth, notarized documents and exhibits resulting from an arduous legal process that finally ended when the Havre (Montana) School District settled two lawsuits - a Federal suit and one filed in State District Court. These documents also include a letter from a union representative stating, " This is nothing more than a witch hunt." Yet the union continued to allow the school administration to harass, bully and bring harm to me.



These two lawsuits resulted from a single incident that, had it been handled differently and under the light of public scrutiny, would not have snowballed into awards of more than $200,000 worth of damages. Funds that eventually came from the taxpayers' pockets. Ironically, as a taxpayer in Hill County, my family and I are helping to pay for the damages awarded to me. This covered the attorneys' fees. The settlement did not include my attorney fees, however the district, insurance and taxpayers paid the defendants attorney bills, which exceeded mine. The settlement was made on March 2, 2006.


I was a tenured teacher at Havre Middle School with a successful work history of nearly ten years. I was approached and harassed in my classroom by a mentally challenged and dangerous person during school hours. His speech and actions caused me fear that I would be raped, or worse. The administration's less-than-positive response to the situation eventually caused me to file a sexual harassment and hostile environment complaint. After making the complaint and following the chain of command within the school system with no results, I filed a Montana Human Rights Complaint with the Montana Human Rights Bureau. This was a dual filing with the EEOC. Upon returning to work the next school year, I found hard-core pornographic emails on my school computer. When I reported these emails to the proper authorities, their response was that "keep quiet". When I asked them to trace the pornography, the administration replied that it couldn't be done.
As I pressed the issue, the administration's reaction was to try to find a way to get rid of me. They embarked upon a series of closed meetings with students and parents in an attempt to discover anything and everything they could use to build a case to terminate me. Students were taken from their class for meetings with the administration and were told to keep the discussions "a secret". While I was never allowed to meet with parents or students to discuss what were obviously fabrications, rumors were rampant. Administration leaks were prevalent although I was continually told to keep silent I also received letters from administration threatening termination. These letters lacked a basis in fact and were simply threats. Such a campaign can take a toll. Admittedly, my teaching suffered. I was afraid to discipline any student in fear that such an action would result in more closed meetings and threats of termination. Grades were questioned. Parents called and met with members of the administration. These meetings were either scheduled for times during which they knew I could not attend or simply held without notification. I was totally isolated. These are only the highlights of a year of harassment and intimidation. Naturally, my health suffered. At one point, I weighed 90 pounds and my physician prescribed medication for stress. In fact, he recommended that I take a leave of absence.


When I returned from that leave, my classroom was bare. My personal possessions were boxed. Student work had been removed, was missing or destroyed. Grades had been awarded in my name that I had not authorized. In response to all of this and other forms of harassment, my union representative said simply, "They can do what they want. They're administration." Finally, I was terminated.


While doing discovery [legal process], I learned that members of the Montana Human Rights Commission, members of the school district's law firm, the Montana School Board Association and Montana Teachers Union all had political ties with the superintendent who terminated me. To make matters worse, he chairs the Board of Public Education. All of these people met to discuss my complaints against the administration. These meetings were not publicized and I was not in attendance. During the same period in which I was under daily scrutiny and discipline, male employees were allowed to use corporal punishment, have inappropriate relationships with students and drink alcohol on school sporting trips. Other topics brought to the attention of the administration during this same period included the treatment of a Native American paraplegic paraprofessional and her Native American students as well as the use of derogatory names referring to women, ethnic groups and special needs children. All these were dealt with behind closed doors. The 
public was never informed and no other teacher lost his job.


Even though I received a settlement, I have been blacklisted and cannot be employed in my chosen career. Sadly, I have lost my passion for classroom teaching and find myself fearful of those who work as administrators in the field of public education. This entire scenario could have been avoided had the school administration been willing to discuss openly and frankly the events that led to my filing the first grievance. (This is almost always the case. Our district administrators and the defected personalities at the helm, keep pushing the illogical and ridiculously expensive personal vendettas in order to keep from having to admit they were wrong in the way they handled things. Sometimes it is out of fear of retaliation of other administrators).   It was filed only after the administration refused to listen to my concerns and only after I was told to "keep quiet". At one point, the administration represented me as a hysterical female whose problem might be "hormonal". All this was done with union knowledge and while I was under a Collective Bargaining agreement. The union was in contact with the administration and was contacted by the administration. They did not protect me nor did they stand up for me. I believe this would not have happened had the Union done their job and not breached their contract with me. Again, these are only highlights.


With truth on my side,

Lorna Stremcha

THIS TEACHER'S STORY ALSO PROVIDES A VERY GOOD REASON TO BEWARE OF OUR UNIONS AS MANY OF OUR MEMBERS HAVE SADLY DISCOVERED. WHAT HAPPENED TO THIS TEACHER, AND MOST OF OUR OTHER TEACHER MEMBERS INCLUDING THE PRESIDENT OF NAPTA, COULD NOT HAVE HAPPENED IF WE HAD REAL UNIONS. AND CONSIDERING THAT MANY OF OUR POLITICIANS RELY ON THE UNIONS WE HAVE FOR THEIR FINANCIAL BACKING, OUR POLITICIANS ARE UNWITTING PUPPETS OF EDUCRAT$ ALL OVER THIS NATION. 








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Thursday, June 28, 2012

FROM PRESIDENT DEAN VOGEL'S FIRST ATTEMPT AT... and OTHER PLATITUDES

Anyone who's been around for a while knows the CTA and parent NEA CAN"T STAND DISSENT! THEY ATTACK IT FROM THE BACK DOOR TO MAKE IT GO AWAY. COULD THIS EDITORIAL BELOW BE THE REAL REASON (AS NONE WAS GIVEN TO ME.) WHY CTA'S LEGAL ADVISORY BOARD REFUSED MY REQUEST OF "COMPETENT" LEGAL REPRESENTATION? IN SPITE OF THE FACT I FILED A GRIEVANCE WITH THE STATE BAR ON MY FORMER CTA APPOINTED ATTORNEY RONALD SKIPPER. WHILE THEY REFUSED TO ADDRESSED ANY OF MY NUMEROUS STATED REASONS IN THEIR REFUSAL LETTER. Perhaps they didn't like the fact that I asked for his billable hours billed on my behalf? Perhaps they disliked my outing their questionable CTA Attorney bonus system.  Can we spell "Collusion?"

THE LAST PARAGRAPH FROM "THE EDUCATOR MAGAZINE." Excerpt from president of CTA Dean Vogel" ...In the coming weeks, I know many of us will be preoccupied with year-end activities (and the grim future with no Job, and) little time to do much else than help our students and each other tie things up and move forward. But as we head into summer, I hope you take some time for yourselves to recuperate and recharge. I also hope you take some time to become involved with this campaign season. Read through this issue of the Educator, go to our website, learn about the election issues we face, and step up. For the sake of our students, and for the sake of our profession, we all need to be involved in the election ahead. If not us, who? If not now, when?" EXACTLY DEAN WHEN?

Wednesday, June 20, 2012

Any Public School with Such a Record of Abuse, Corruption, and Anti-Social Malfeasance Would have been Shut Years Ago

Any Public School with such a record of abuse, corruption, and anti-social malfeasance would have been Shut Down Years Ago.  Why Did Authorities Look The Other Way For "Oakland Charter?"

The head of an Oakland charter school organization that has made national headlines for its low-income students' outstanding test scores is now faced with mounting evidence that he used his position to enrich himself and his family. 

A state investigation into allegations of operational fraud and other unscrupulous activity by Ben Chavis -- a businessman who has also served, off and on, as director of three publicly funded but independently run charter schools named American Indian -- and his wife, who provided financial services to the school, cited numerous examples of financial conflicts of interest and fraudulent expenditures.

The American Indian Model's middle schools have the best test scores in Oakland and among the highest in the state; its high school also has near-perfect scores. In his book, "Crazy like a Fox," Director Ben Chavis touts the model's success and ridicules the public school system for wasting tax dollars, arguing that schools don't need more money.

But in recent months, Chavis' own stewardship of public funds has come under scrutiny. The state Fiscal Crisis & Management Assistance Team, which produced the scathing report, was asked by Alameda County Superintendent Sheila Jordan to investigate allegations made by a former employee of financial abuses -- including a $100,000 salary he took during at least one year of his retirement.

Now that auditors have found significant evidence to back those claims, 



Chavis could soon find himself the subject of a criminal investigation. Jordan announced Wednesday she would forward the case to the District Attorney's office, as recommended by the audit team. Jordan said she also wrote a letter to Oakland Superintendent Tony Smith, asking the district to consider revoking the schools' charters.
"The lack of oversight by the AIMS board and the unethical practices by its founder are unacceptable and an abuse of the public trust," Jordan said.

Between mid-2007 and the end of 2011, the school paid Chavis, his wife, Marsha Amador, and their various real estate and consulting businesses about $3.8 million, the auditors found. Many of those payments were made with state and federal facilities grants in the form of construction contracts to Chavis' companies -- business deals for school construction work that never went out to bid.

Meanwhile, the school's weak governing board did little to stand in the way, auditors found. For a short period of time last year, Chavis served on the board while he was employed as the organization's director and his wife was handling the books.

"The lack of due diligence and internal controls by the governing board has effectively granted the founder and his spouse unrestricted access to the assets of the organization and implied authority to enter into a variety of business arrangements for personal gain," the report stated.

Other findings included the opening and closing of bank accounts without approval and $25,700 in credit card purchases billed to the school with no authorization or apparent benefit to the school. They included airfare, restaurant, hotel and retail bills from out-of-state, including the North Carolina town where Chavis owns a farm; DirecTV; Giants tickets; and costs related to another venture, which foundered after the investigation became public -- the opening of a charter school in Arizona.

Chavis announced his retirement before the start of 2007-08 school year and returned to the school as director in 2011. He said at a recent hearing that he was a paid adviser during some of the time in between.

Chavis could not be immediately reached for comment.

Although Chavis did not found the original school, his name and reputation are most closely associated with the organization. A Lumbee Indian from North Carolina, he overhauled the academic program when he took over as director of the original school in East Oakland's Laurel District in 2000.

The new curriculum emphasized reading, writing and math and eliminated much of the school's Native American cultural teachings. Chavis instilled a strict and unorthodox discipline system that would bring notoriety to the school, sometimes using humiliation to motivate students to behave.

The most famous example of Chavis' brand of discipline is a student head-shaving that took place at a school assembly, with parent permission, after the boy was caught stealing. Today, few if any of the school's students are Native American.

Chavis announced his retirement shortly after the Oakland school district's charter schools office began raising concerns about his conduct. That spring, the East Bay Express published a story about an explosive incident involving a Mills College professor and graduate students who had come to tour the school. An African-American graduate student said Chavis cursed at him and aggressively kicked him out of the school -- claims that Chavis later acknowledged to be true, saying it was because the student came late.

The Oakland school district's charter school office, under new leadership, again expressed concerns this year when one of the three schools, American Indian Public Charter School II, applied for a renewed charter. The charter office recommended that the Oakland school board deny the charter renewal, potentially closing the school.

But at a packed hearing in which Chavis entered to rousing applause, the Oakland school board went against the charter school office's recommendation and, in a 4-3 vote, allowed the high-performing school to stay open.

Chris Dobbins, an Oakland school board member who supported the school at that meeting, said Wednesday afternoon that he couldn't "tear the school apart" because of the alleged improprieties of its leader. Even now, he said, he didn't have an easy answer.
"At the end of the day, it's hard to argue those test scores," he said. "It's a really hard question."

Read Katy Murphy's Oakland schools blog at www.IBAbuzz.com/education. Follow her at Twitter.com/katymurphy.
evidence against chavis

The Fiscal Crisis & Management Assistance team published the below findings about apparent conflicts of interest and misappropriation of funds at American Indian Model schools -- mostly by its founder and current director, Ben Chavis:







  • Publicly funded construction contracts for school improvements with Chavis' personal businesses were "not supported by formal contracts, competitive bidding or authorization by the governing board." That is a violation of federal regulations and could result in the loss of all federal funding to AIMS schools. 
  • In addition to wages and construction income, Chavis collected $2.8 million from the schools through rent and storage fees he charged as the school landlord, additional construction projects and a mandatory summer program run by his private business. Some checks from a school bank account were written to Chavis' companies and signed by Chavis.
  • In all, the schools made $3.8 million in payments to Chavis, his wife and their businesses from 2007-08 through the end of 2011.
  • Chavis' wife, Marsha Amador, provided financial administrative services to the schools. Her duties included general accounting; processing accounts payable; compliance reporting to local, state and federal agencies; and assisting with an annual audit. 
  • Chavis' personal and unrelated business expenses were commingled with purchases for the AIMS schools.About 35 percent of the credit card purchases paid for from the schools' accounts $25,700," ...were inappropriate or lack proper authorization." Many of the purchases originated out of state.


  • Tuesday, June 19, 2012


    Memphis Consolidation Plan Trojan Horse for Urban Privatization Via Charter Schools

    When Memphis City Schools announced it would accept $90 million from Gates to "improve teacher quality," Supt. Kriner Cash blubbered, “This is huge, this is huge, this puts Memphis City Schools in very elite territory, on the front page of the nation.”  Now almost three years later, Gates's fingerprints are on every aspect of school operations in Memphis, including a scheme to shut down 21 public schools in Memphis and turn the buildings over to corporate charter schools.  Now Cash and the Memphis City Schools are faced with a whole list of disturbing recommendations, including one that would totally disrupt the feeder school system in Memphis, which will lead to privatized high schools in the next phase of corporate takeover--if the Gates lemmings have their way.  From the Commercial Appeal:

     ...For MCS, among the most disturbing is the recommendation to cut 21 city schools and lease the space to charter schools. TPC estimates annual savings at $21 million, already plugged into the finance section to reduce an estimated $57 million deficit between the plan and revenue.

    Cash insists the cuts won't save $21 million. He takes further exception that the majority of schools on the close list are in an "already underpopulated" southwest corner of the city.

    "This would escalate that hemorrhaging," he said, adding that no one filed a plan with the city for refurbishing what would be gutted neighborhoods.

    The list of to-close includes an inordinate number of middle schools, Cash says, which would "decimate the feeder pattern" in the southwest... .

    Tuesday, June 19, 2012


    Hispanic Girls Face Special Barriers on Road to College

    Hispanic women are more likely than Hispanic men to complete high school and college, but they still trail white and African-American women

    Originally Published in Ed Week 6/19/2012
    By Katherine Leal Unmuth

    Dallas: After 15-year-old Valerie Sanchez spent a day of her spring break in Fort Worth touring the well-manicured grounds of Texas Christian University and listening to an inspirational talk from members of a Latina sorority, she felt sure of her future.

    "I'm going to college," says the teenager after the visit organized by the Dallas center of Girls Inc., a national nonprofit group. "I want to be the first in my family."

    But like many young Latinas, she faces a host of challenges in the coming years, as she works to graduate from high school, go on to community college, and then enroll in a four-year institution.
    Sanchez moved from Mexico when she was 9 years old and enrolled in the 156,000-student Dallas Independent School District. After taking bilingual classes taught in Spanish and English, she found the transition to all-English classes in middle school difficult.

    Consequently, Sanchez was held back in the 8th grade last year at Edison Middle Learning Center here in Dallas. She now attends tutoring sessions after school in addition to programs provided by Girls Inc. that focus on career planning and pregnancy prevention.
    The plight of Latino young men often dominates the discussion of graduation rates. But young Latinas also face cultural, economic, and educational barriers to finishing high school and entering and completing college.
    "There's the assumption that girls are doing fine," says Lara Kaufmann, a senior counsel at the National Women's Law Center, in Washington. "It's true that within ethnic groups girls are doing better than boys. But they're not doing well."

    Falling Behind

    While Hispanic women are more likely to graduate from high school and college when compared with Hispanic men, some statistics suggest they trail behind African-American and white women on some such measures.
    Postsecondary Engagement Lags for Latinas
    Latinas ages 18 to 24 have lower postsecondary-engagement rates than Asian, white, and black women of the same age bracket. Asian women are twice as likely as Latinas to be either enrolled in higher education or to have a postsecondary credential.

    SOURCE: EPE Research Center, 2012. Analysis of data from the American Community Survey (2008-2010), U.S. Census Bureau.
    According to a Pew Hispanic Center analysis of 2011 Census survey data, about 17 percent of Hispanic females ages 25 to 29 have at least a bachelor's degree, compared with about 10 percent of Hispanic males, 43 percent of white females, and 23 percent of black females in that age span.
    To delve into why such gaps persist, the National Women's Law Center collaborated with the Mexican American Legal Defense and Educational Fund on a 2009 study on educational outcomes for Latinas.
    While the middle and high school girls interviewed in the report said they wanted to graduate from college, they also said they didn't expect to achieve that goal. The report also cited challenges for them in reaching educational goals, including such difficulties as immigration status, poverty, discrimination, low self-esteem, higher rates of depression and attempted suicide, gender stereotypes, and limited English proficiency.
    A cultural emphasis on loyalty to family also can play a role. Latinas may be expected to take on additional duties as caregivers, such as helping to watch younger children or aid elderly family members. They may be expected to live with their parents until they are married, making it difficult to leave home to go away to college.

    Ties That Bind

    Celina Cardenas mentors Hispanic girls in the 37,000-student Richardson Independent School District in the Dallas suburbs. Cardenas, a district community-relations coordinator, is Mexican-American and feels she can relate to their experiences.

    Valerie Sanchez, 15, works on a writing assignment during reading class at the Thomas A. Edison Middle Learning Center in Dallas. The eighth grader is working to become the first in her family to attend college.
    —Allison V. Smith for Education Week
    "It's kind of like you're born with responsibility—especially the girls," she says. "Doing something on your own may not sit very comfortably with them because they may not want to let anyone down. I talk to them a lot about not feeling selfish that they're disappointing their family by going away, and understanding there's nothing wrong with having those goals."
    Family loyalty can cause Hispanic girls to choose less-competitive colleges than they are qualified to attend so they can keep living with their parents. They may also not be well informed about financial-aid opportunities to attend more expensive schools.
    University of Texas at San Antonio education professor Anne-Marie Nuñez says that when girls live at home while in college, they may have a hard time focusing on their studies because of family obligations.
    "They may be juggling multiple responsibilities that pull them away from being able to focus on their studies," Nuñez says. "Other family members may not understand the energy they need to focus on their studies."
    In Texas, a nonprofit online magazine written by girls, called Latinitas, aims to empower young women. The organization also provides workshops, mentoring, and college tours. On the website, Saray Argumedo, 23, shares her own experiences about the tension with her family when she studied at the University of Texas at El Paso.

    "All I can do is ask for forgiveness when my mom questions why I spend all my time outside of the house studying, working, and getting involved in my community," she writes. "I thought that they would be proud of me, but why are they so angry?"

    Teenage Motherhood

    Young Latinas also are more likely than most young women in the United States to have their own children as teenagers. According to the National Campaign to Prevent Teen and Unplanned Pregnancy, in Washington, about 52 percent of Latinas become pregnant before age 20, nearly twice the national average. In Dallas, the nonprofit group Alley's House helps mothers complete their General Educational Development, or GED, studies and build their confidence.

    Yesenya Consuelo, 19, dropped out of Spruce High School in Dallas her freshman year when she became pregnant with her now-4-year-old daughter. Consuelo wants to study at a community college to be a surgical technologist, but she needs to pass the math portion of the GED, which she has failed twice. She comes to Alley's House for math tutoring four days a week.
    Consuelo says her daughter is her motivation to finish school. "I'm trying to be the best I can for her," she says.

    Despite the challenges, says Nuñez, the education professor, "the truth is Latino families have as high aspirations as other groups. Sometimes, they just don't know how to translate those aspirations to reality."

    Katherine Leal Unmuth is a Dallas-based freelance-writer.
    Latino education issues at latinoedbeat.org.

    Thursday, June 14, 2012

    ENOUGH IS TOO MUCH...

    EDUCATORS: HEAR THIS NOW !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!


    This week marks the first anniversary of the final fight for our careers, avocations and public education for all children. REGARDLESS OF YOUR OPINION ON THE MATTER. IF YOU ARE AN EDUCATOR AND  HAVE NOT YET BEEN SUSPENDED WITHOUT PAY. YOU HAVE NO CLUE. BUT DON'T BE SO FOOLISH AS TO THINK THIS FIGHT ISN'T COMING TO YOU.

    This is the Fight of Our Professional Lives. Are You In or Out (for now)?


    ALL SUSPENDED EDUCATORS:
    TEACHERS, COUNSELORS, SITE ADMIN. AND CLASSIFIED. MAY BE  YOU KNOW SOMEONE?


    YOU ARE NOT ALONE, NOT A VILLAIN, AND ARE BEING DENIED YOUR DUE PROCESS AND RIGHTS. 


    I KNOW FROM PERSONAL EXPERIENCE AND IT IS HAPPENING  1) IN MOST DISTRICTS  2) RIGHT NOW TODAY. 


    HUNDREDS OF EDUCATORS, ARE SUFFERING ALONE, MISINFORMED, LIED TO AND ALMOST ALL OF US ARE COINCIDENTALLY, AT THE TOP OF THE PAY SCALE!!! 


    BUT UNLIKE ANY OTHER TIME WE ARE BEING SUSPENDED
    WITH NO PAY AT ALL; BEFORE, DURING AND REGARDLESS OF THE DISTRICT'S INVESTIGATIONS" 


    This is becoming just another way budget strapped or just mismanaged School Districts are reducing their overhead. Further, in swapping one experienced devoted educator for 1.80 (read two) first year college grad.s, the district can reduce the numbers of educators covered by union contract. If they keep this newbie on a year to year temporary contract, that newbie statistically will quit after the fourth year. Enough time and the union rank and file  numbers - and the benefits and salaries -  dwindle away. Public education suffers, the children suffer and ultimately our nations future.

    UNFORTUNEATLY, CTA IS POWERLESS AND SEEMINGLY UNINTERESTED. 


    THE CALIFORNIA GOVERNMENT OFFICES WHO ARE SUPPOSED TO PREVENT THESE THINGS ARE CRIPPLED BY LACK OF FUNDING. 


    THE VAST MAJORITY OF CTA ATTORNEYS WILL NOT FULLY ATTEMPT TO DEFEND YOU. HERE'S WHY.

    INFORMATION IS AVAILABLE SHOWING THESE ATTORNEYS PER AGREEMENT WITH THE CTA, ACTUALLY GET A PERCENTAGE OF CERTAIN SETTLEMENT CONTRACT SAVINGS ON TOP OF THE HOURS THEY BILL. 


    THEY MAKE THEIR REAL MONEY WHEN YOU ARE ROBBED, SCARED AND VULNERABLE TO BAD ADVICE. IT HAPPENED TO ME AND THOUSANDS OF OTHERS.

    ENOUGH IS TOO MUCH... WE HAVE FORMED A LOCAL SUPPORT GROUP THAT IS FIGHTING BACK AND WINNING. 


    WE  WILL FIGHT WITH YOU AND YOU WITH US. WE ARE EDUCATORS LIKE YOU, GOING THROUGH THE SAME TYPES OF LIES AND MISTREATMENT. WE KNOW HOW YOU ARE FEELING.  WE HAVE HUGH AMOUNTS OF  READY INFORMATION. WE INVITE ONLY GOOD SOLID ATTORNEYS ON CONTINGENCY. WE SHARE OUR KNOWLEDGE AND RESORCES. 


    WE DON'T HOWEVER, ENDORCE ANY COLLECTIVE INTERESTS OR ATTORNEYS. THIS ARTICLE IS NOT LEGAL ADVICE OR LEGAL OPINION. THERE ARE NO FEES INVOLVED WITH THE SUPPORT GROUP.

    CALL AND JOIN US... RIGHT HERE RIGHT NOW - TODAY. (951) 732-7091 


    TO PROTECT ALL OUR MEMBERS WE WILL PUT YOU THROUGH A SMALL SCREENING. TO MAKE SURE YOU ARE WHO YOU SAY YOU ARE. DON'T BE OFFENDED this process WILL PROTECT YOU TOO!

    CALL THIS NUMBER. (951) 732-7091 LEAVE YOUR REAL NAME, RETURN NUMBER AND AS MUCH DETAIL ABOUT YOUR CIRCUMSTANCES AS POSSIBLE. 


    FEAR NOT! WE WILL CHECK YOUR BACKGROUND THEN CONTACT YOU! CALLING IMPLIES CONSENT TO DO A LIMITED BACKGROUND CHECK.
    (LIMITED MEANS NO FINANCIAL, CIVIL OR CRIMINAL INFORMATION.)

    WE MUST DO THESE THINGS TO KEEP OUT THE DISTRICTS PRIVATE INVESTIGATORS, DISTRICT ADMINISTRATORS  OR OPPOSITION ATTORNEYS from MISREPRESENTING  THEMSELVES TO TRY AND GET INFORMATION. WE SUPPORT TRANSPARENCY, HOWEVER NOT NECESSARILY WITH THESE LIEING JACKAL'S


    HANG TOUGH, DON'T RUN AND DON'T TALK TO ANYONE.


    IF THREATENED WITH INSUBORDINATION FOR NOT TALKING, TELL THEM IT IS YOUR INTENT TO COOPERATE BUT YOU'VE BEEN ADVISED BY CTA TO WAIT FOR A CTA REPRESENTATIVE. IT SHOULD BE YOUR LOCAL PRESIDENT OR VICE PRESIDENT (My opinion). ACCORDING TO THE legal Precedents set by LYBARGER AND GARRITY, YOU HAVE THIS RIGHT. Please click on the links and read these for yourself. The rulings' legalese has been simplified for us.


    SOME DISTRICT HR PERSONELL (INCLUDING P.I.s) WILL LIE AND THREATEN YOU TO GET WHAT THEY WANT. DON'T GIVE IT TO THEM. 


    THEY WILL USE THE INFORMATION YOU PROVIDE AGAINST YOU ALMOST WITHOUT EXCEPTION!


    I would like to thank the San Jose Municipal Employee's Association for putting an invaluable amount of germain information out on their web site for us. These are things your Local, or CTA attorney AREN'T likely to talk to you about. Mine didn't.

    Monday, June 11, 2012

    EDUCATORS VOTE YES STRIKE!


    Chicago Teachers Vote overwhelming for Strike Authorization as Contract Negotiations Continue; Union to use leverage to fight for smaller class sizes

    CHICAGO – Today, the Chicago Teachers Union revealed nearly 90 percent of its eligible members voted to give their labor organization the authority to call a strike should contract negotiations reach an impasse. The Union has been in negotiations with the Chicago Public School system since November 2011. A new state law requires a 75 percent of all eligible CTU voters to vote in the affirmative in order to provide strike authorization.

    Although both CTU and CPS are in the fact-finding stage of negotiations, the Union pointed out that the independent review will only provide recommendations on a small number of contract concerns. Public school educators say they are fighting for smaller class sizes, art, music, world language and physical education classes for students, and fair compensation for being asked to work under more difficult guidelines as determined by CPS.


    Armed with strike authorization, teachers, paraprofessionals and clinicians say they believe this will give them more leverage at the bargaining table going forward. Should a strike become necessary, the Union’s 800-member House of Delegates will set the date for a work stoppage. The three-day vote tally showed:



    Category
    Number
    ÷ Membership =
    %
    Total Membership
    26,502
    ÷ 26,502 =
    100.00%
    Members Voting “YES”
    23,780
    ÷ 26,502 =
    89.73%
    Members Voting “NO”
    482
    ÷ 26,502 =
    1.82%
    Members Casting Votes
    24,262
    ÷ 26,502 =
    91.55%
    Members Not Voting
    (includes 494 spoiled ballots)
    2,240
    ÷ 26,502 =
    8.45%


    Day
    Daily Votes*
    Number
    ÷ Vote Count =
    %
    1
    Total Votes
    19,614
    ÷ 19,614 =
    100.00%
    “YES” Votes
    19,235
    ÷ 19,614 =
    98.01%
    “NO” Votes
    379
    ÷ 19,614 =
    1.93%
    2
    Total Votes
      2,108
     ÷ 2,108 =
    100.00%
    “YES” Votes
     2,060
     ÷ 2,108 =
    97.72%
    “NO” Votes
        48
     ÷ 2,108 =
    2.28%
    3
    Total Votes
       392
    ÷    392 =
    100.00%
    “YES” Votes
       370
    ÷    392 =
    94.39%
    “NO” Votes
        22
    ÷    392 =
    5.61%
    S
    Total Votes
     2,148
    ÷  2,148 =
    100.00%
    “YES” Votes
     2,115
    ÷  2,148 =
    98.46%
    “NO” Votes
        33
    ÷  2,148 =
    1.54%
    Total Votes
    24,262
    ÷ 24,262 =
    100.00%
    “YES” Votes
    23,780
    ÷ 24,262 =
    98.01%
    “NO” Votes
       482
    ÷ 24,262 =
    1.99%
    * Daily Votes were totaled each day for members on the roster for each school. "S" refers to Supplemental ballots, which are those cast by employees voting at a site where they do not appear on the roster (e.g. school social workers or nurses, who service multiple schools). These votes are tallied separately.
    CTU President Karen GJ Lewis, NBCT, said the following during a news conference today:
    “We have called you here today to announce the results of the strike authorization vote held last week. The results are not a win. They are an indictment on the state of the relationship between the ‘management’ of CPS and its largest labor force, members of the Chicago Teachers Union. It is also an indictment of the outside groups that seek to destroy the real work being done by Chicago’s teachers, paraprofessionals, and clinicians.
    “We do not understand why Democrats for Education Reform, Education Reform Now and other organizations continue to stand on the backs of our children and profess to care about them when they ignore the harsh realities of their lives. And while our members work in schools that are under-resourced, under-staffed and under-appreciated, they have toiled in silence long enough while the mayors of this city have exerted control, shut down schools, and handed over facilities to their well-connected friends.
    “The problems with our schools will not be answered by overpaid outside consultants or billionaire education dilettantes but rather by the people who actually work in our schools with our children in full partnership with the District. For some reason, this administration has behaved as if the Union was some out-of-touch bureaucracy only speaking for ourselves. But the dominant narrative among the so-called Ed Reformers in concert with city’s business fathers and mothers has been that the reason why CPS is in such bad shape is that its teachers are incompetent.
    “This new leadership of the CTU were all classroom teachers and paraprofessionals two years ago. We have the pulse of our members. We listened to what they had to say. And we made a plan using the tools and the resources we have. That’s what teachers do. We analyzed the data and adjusted our plans. But all along, we had the feedback of the members in our schools. While the chaos on Clark Street continues, our members—intent on being heard—were loud, clear, and serious.
    “We want a contract that gives Chicago’s students the schools they deserve. So we call on CPS to take the process seriously and negotiate with us in good faith and with an eye on the real prize: Our children.”

    This is the fight of our professional careers. Are You In or Out?

    What's taking so long? This is the fight of our professional careers. Are You In or Out? "Hell has a special level for those who sit by idly during times of great crisis."
    Robert Kennedy

    The Art of SETTING LIMITS, Its not as easy as it looks.

    Art of Setting Limits Setting limits is one of the most powerful tools that professionals have to promote positive behavior change for their clients, students, residents, patients, etc. Knowing there are limits on their behavior helps the individuals in your charge to feel safe. It also helps them learn to make appropriate choices.


    There are many ways to go about setting limits, but staff members who use these techniques must keep three things in mind:
    Setting a limit is not the same as issuing an ultimatum.
    Limits aren’t threats—If you don’t attend group, your weekend privileges will be suspended.

    Limits offer choices with consequences—If you attend group and follow the other steps in your plan, you’ll be able to attend all of the special activities this weekend. If you don’t attend group, then you’ll have to stay behind. It’s your decision.
    The purpose of limits is to teach, not to punish.
    Through limits, people begin to understand that their actions, positive or negative, result in predictable consequences. By giving such choices and consequences, staff members provide a structure for good decision making.
    Setting limits is more about listening than talking.
    Taking the time to really listen to those in your charge will help you better understand their thoughts and feelings. By listening, you will learn more about what’s important to them, and that will help you set more meaningful limits.
    Download The Art of Setting Limits

    SYSTEMATIC USE OF CHILD LABOR


    CHILD DOMESTIC HELP
    by Amanda Kloer

    Published February 21, 2010 @ 09:00AM PT
    category: Child Labor
    Wanted: Domestic worker. Must be willing to cook, clean, work with garbage, and do all other chores as assigned. No contract available, payment based on employer's mood or current financial situation. No days off. Violence, rape, and sexual harassment may be part of the job.

    Would you take that job? No way. But for thousands of child domestic workers in Indonesia, this ad doesn't just describe their job, it describes their life.

    A recent CARE International survey of over 200 child domestic workers in Indonesia found that 90% of them didn't have a contract with their employer, and thus no way to legally guarantee them a fair wage (or any wage at all) for their work. 65% of them had never had a day off in their whole employment, and 12% had experienced violence. Child domestic workers remain one of the most vulnerable populations to human trafficking and exploitation. And while work and life may look a little grim for the kids who answered CARE's survey, it's likely that the most abused and exploited domestic workers didn't even have the opportunity to take the survey.

    In part, child domestic workers have it so much harder than adults because the people who hire children are more likely looking for someone easy to exploit. Think about it -- if you wanted to hire a domestic worker, wouldn't you choose an adult with a stronger body and more life experience to lift and haul and cook than a kid? If you could get them both for the same price, of course you would. But what if the kid was cheaper, free even, because you knew she wouldn't try and leave if you stopped paying her. Or even if you threatened her with death.



    Congress Aims to Improve Laws for Runaway, Prostituted Kids

    by Amanda Kloer

    categories: Child Prostitution, Pimping

    Published February 20, 2010 @ 09:00AM PT

    The prospects for healthcare reform may be chillier than DC weather, but Democrats in the House and Senate are turning their attention to another warmer but still significant national issue: the increasing number of runaway and throwaway youth who are being forced into prostitution. In response to the growing concerns that desperate, runaway teens will be forced into prostitution in a sluggish economy, Congress is pushing several bills to improve how runaway kids are tracked by the police, fund crucial social services, and prevent teens from being caught in sex trafficking. Here's the gist of what the new legislation is trying to accomplish:

    Shelter: Lack of shelter is one of the biggest vulnerabilities of runaway and homeless youth. Pimps will often use an offer of shelter as an entree to a relationship with a child or a straight up trade for sex. In the past couple years, at least 10 states have made legislative efforts to increase the number of shelters, extend shelter options, and change state reporting requirements so that youth shelters have enough time to win trust and provide services before they need to report the runaways to the police. Much of the new federal legislation would make similar increases in the availability and flexibility of shelter options.

    Police Reporting: Right now, police are supposed to enter all missing persons into the National Crime Information Center (NCIC) database within two hours of receiving the case. In reality, that reporting doesn't always get done, making it almost impossible for law enforcement to search for missing kids across districts. This hole is a big problem in finding child prostitution victims and their pimps, since pimps will often transport girls from state to state. The new bill would strengthen reporting requirements, as well as facilitate communication between the National Center for Missing and Exploited Children and the National Runaway Switchboard

    We Must Never Forget These Soldiers, Sailors and Airmen and Women

    We Must Never Forget These Soldiers, Sailors and Airmen and Women
    Nor the Fool Politicians that used so many American GIs' lives as fodder for the fight over an english noun - "Communism"