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11-11-12

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Power of Ten Update

In this Issue:

  1. Urgent: Your contribution is needed!
  2. Insurance coverage denied for board members and employees alleged “wrongful acts”
  3. Appeal filed to block use of school funds to pay for lawyers

1) Please support the class action lawsuit:

In 2009, East Ramapo parents first got together to chant “Save Our Schools”.

Over the years, we have worked hard to protect the students’ right to an education and the investment that taxpayers have made in their homes and in a first quality education system for our community. However, powerful interests which seem to be indifferent or even hostile to our students and our taxpayers investments have caused the quality of education to suffer and resulted in loss of value to our multimillion dollar school system and our home values as well.

Today, we have formed the Save Our Schools Coalition, and we are fighting back with a class action civil rights lawsuit!

Advocates for Justice, a New York based, non-profit, public interest law firm, has filed this lawsuit on behalf of East Ramapo School District parents, students, and taxpayers.

Advocates for Justice is not charging us a fee for this action, but they are in need funds to continue this fight. They are asking us to contribute what we can. Monthly amounts are especially helpful (and easier on tight family budgets!)

Be part of the solution, contribute online, or mail a check to:

Advocates for Justice

225 Broadway, Suite 1902

New York, NY 10007

 2) Insurance coverage denied for board members and employees alleged “wrongful acts”:

The New York Schools Insurance Reciprocal (“NYSIR”), has declined coverage to the school board members and employees named as defendants in our class action civil rights lawsuit : “For all the reasons detailed herein, we write … to inform you that NYSIR hereby denies coverage to … ERCSD Board members … (and employees) … with respect to all of the claims asserted in the (class action lawsuit).” “the NYSIR policy precludes coverage to the insureds above regarding the “fraudulent, dishonest, malicious, criminal or intentional wrongful act(s) or omission(s)” alleged by the (class action lawsuit), NYSIR hereby disclaims coverage …” “In addition, the (class action lawsuit) alleges that ERCSD Board members … (and employees) … have violated and/or have failed to comply with state and federal special education laws. The NYSIR policy excludes coverage for any claims arising out of the failure to provide “an appropriate individualized education program or related facilities or services”, including but not limited to any cause of action under relevant state or federal statutes or other laws, administrative rules or regulations. Therefore, NYSIR hereby disclaims coverage.”

3) Appeal filed to block use of school funds to pay for lawyers:

School officials and employees may be represented at district expense when lawsuits arise from acting in their official capacity. However, the law does not allow the district to pay for counsel to officers or employees acting outside the scope of their public employment or duties. The actions of the board members and employees named in the class action lawsuit have been intentional, reckless, and borderline criminal. They have already been cited by NYSED, the New York State Comptroller and the Commissioner of Education as in violation of law. They have also used district funds to sue the NY State Attorney General, who is investigating their real estate dealings. As NYSIR noted, EACH and EVERY action is alleged to be “fraudulent, dishonest, malicious, criminal or intentional wrongful act(s) or omission(s)”. These are actions already found to be violation by the NY Education Department itself or by the NY State Comptroller. Nowhere does the law provide for the board members to approve expenses proactively suing the NY State Attorney General on their behalf. For the same reasons that hey have been denied insurance coverage, and more, the defendants should be denied the use of district funds. NY State courts have stated that coverage under public officers law is analogous to an insurance company’s contract. We have requested an Emergency Stay from the Commissioner to stop the board from further abusing public funds.

Tell your friends: “Justice is coming to East Ramapo!” … and WE can make it happen!

 

– Steve White, editor

 

10-29-12

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Power of Ten Update

In this Issue:

  1. Advocates for Justice says school board members should not use district funds for their own legal defense!
  2. Federal Judge allows ‘discovery’ in class action lawsuit!
  3. Urgent: Your contribution is needed!
  4. Message from the editor

1) Advocates for Justice says school board members should not use district funds for their own legal defense:

Supporters of a class-action lawsuit against the East Ramapo school district want to block the Board of Education from using public money to defend school officials in several ongoing legal actions. Betty Carmand and Steven White, through their lawyers at Advocates for Justice, say that NY law does NOT allow for paying legal expenses when employees are acting outside the “scope of their public employment or duties,” and when they have NOT “appeared to have acted in good faith with respect to the exercise of his powers or the performance of his duties.” The actions of the school board members have been intentional, reckless, and borderline criminal; they have been cited by NYSED, the New York State Comptroller and the Commissioner of Education as in violation of law.

Why are we asking for the commissioner to act? Exorbitant legal fees are being incurred — at the expense of children’s public school education — to defend board members and employees for their wrongful acts. We are asking the Commissioner to stop the the board from gorging at what they have come to regard as their own personal “piggy bank.” The board shows no temperance or remorse in wielding a butcher knife to the ERCSD’s budget and carving out its purported entitlement to legal fees first, failing to consider let alone leave sufficient funds for that which its children desperately need most: educators and books. The wholly self-centered and conflicted board believes that legal coverage is automatic, and that they need do nothing more than vote to give it to themselves. Serious misconduct is at issue and is being investigated by no less than three separate state and federal agencies. Its president for nine of the last ten years is in State prison. The district is operating at a six million dollar deficit, and now has authorized the expenditure of millions of dollars in legal fees to defend what will undoubtedly be established as improper conduct on the part of its individual members. Were it simply a matter of money, one might not take such offense; however, the East Ramapo Central School District is comprised of thousands of children, most of them poor, who depend on East Ramapo for their education. They have suffered and will continue to suffer irreparable harm unless NY State intervenes.

2) Federal Judge allows ‘discovery’ in class action lawsuit:

On October 16th, Advocates for Justice appeared in Federal Court in White Plains in the first court date of the class action lawsuit. The lawyers for the school board argued to immediately dismiss the case, but were rebuffed by the judge. The next step in the case is called “discovery,” in which we will attempt to gather and organize all the facts and data. People with information that is pertinent to the case are encouraged to contact Advocates for Justice lawyer Laura Barbieri at (914) 819-3387 or lbarbieri@advocatesny.com

3) Your contribution is needed!

Advocates for Justice, a New York based non-profit public interest law firm, has filed a class action lawsuit on behalf of East Ramapo School District parents and students seeking monetary damages from some school board members, district officials, and contractors. The damage is clear. We have lost full day kindergarten, guidance counselors, social workers, our award winning band director, and hundreds of teachers. Our classrooms are overcrowded and our children are suffering!

This legal case is getting national media attention. All of America is watching what we do here in Rockland County to get justice. This is our opportunity to take a stand and send a strong message.

YOUR CONTRIBUTION is essential to the success of this action! Funds are needed NOW to continue the extensive preparation we need toward finally getting our day in court and securing JUSTICE for the children of East Ramapo!!!

The other side has for-profit law firms and they may be paid hundreds of thousands of dollars defending actions that hurt our children. We don’t need hundreds of thousands to win, but we need more money than our non-profit organization has now.

Please go to https://secure.qgiv.com/for/jk40ipsos/ to make your donation today. No contribution is too small.

If you can, automatically donate $10 per month or more. You can do it at the same web page: https://secure.qgiv.com/for/jk40ipsos/

4) Message from the editor:

The movement for justice in East Ramapo is gaining momentum and moving forward. The school board has been chastised by the NY State Comptroller; it has been rebuked by the Commissioner of Education; it has been found in multiple, repeated violation by NYSED. The NY State Attorney General is looking at their real estate transactions and the US Dept. of Education Civil Rights division is looking at their actions toward minorities, at the request of the NAACP.

Now hundreds of parents, alumni, and taxpayers have come together in an unprecedented class action lawsuit that will hold accountable those who have violated the public trust. Our case is being heard by the NY State Education Commissioner and by the Federal District Court. The whole community worked hard to build up a great school district, and we will not let it be destroyed by a few greedy men.

Tell your friends: “Justice is coming to East Ramapo!” And we have to go out and get it!

– Steve White, editor

 

7-29-12

Posted on

Power of Ten Update

In this Issue:

  1. East Ramapo Parents: 5 on School Board Must Go!
  2. Petition Deadline is Midnight Monday!
  3. What YOU can do to be part of the action!

1) “Advocates for Justice” file appeal to remove 5 board members

The New York-based public interest law firmAdvocates for Justice, on behalf of 14 East Ramapo parents and community members, said it is calling for the removal of five board members and the appointment of a an overseer to remedy rampant abuses of office within the ERCSD School Board, and prevent future abuses. The release of the52-page documentthat accuses the East Ramapo school board of:

  • A pattern of fraud in the sale of school property
  • Willful noncompliance with Special Education Rules causing loss of funds
  • Unlawfully using state money to purchase religious textbooks
  • Dangerously compromising the security of students
  • Failure to provide oversight and guidelines for purchases … a breach of fiduciary duty
This major development has been covered in The New York Times and The Journal News, and featured with Art McFarland on Channel 7 Eyewitness News
YOU can join in this action and be part of the solution! To sign on, contact Stephanie Torre at storre@advocatesny.com , or (212)285-1400
2) Petition deadline is rapidly approaching:

Governor Cuomo has until August 1 to veto the “special education placement bill”. Only Governor Cuomo can stop this bill from becoming law!!!

The petition started by Power of Ten will be sent on the morning of July 31. Please sign, and urge all your friends and neighbors to sign.

The deadline to sign is midnight of Monday, July 30.

3) What you can do to be part of the action:

You can see all the news and info at www.poweroften.us

7-20-12

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Power of Ten Update

Urgent: Action Needed Now!

In a previous update, it was reported that NYSED found the East Ramapo district to be in violation of regulations pertaining to placement of special education students.
A new law has been proposed which would allow the district to make these placements at taxpayer expense. The impact of this new unfunded mandate would devastate East Ramapo!!!
Only governor Cuomo can stop this bill from becoming law!!!
Power of Ten has created an online petition to the Governor

Sign the Petition Today

 

http://www.change.org/petitions/governor-andrew-m-cuomo-veto-s7722-the-special-education-placement-bill?share_id=TePXefzKwg

7-16-12

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Power of Ten Update

Special Edition: Urgent Action Needed

In a previous update, it was reported that NYSED found the East Ramapo district to be in violation of regulations pertaining to placement of special education students.
A new law has been proposed which would allow the district to make these placements at taxpayer expense.  Only governor Cuomo can stop this bill from becoming law.
Please call Governor Cuomo’s office this week!

Call 518-474-8390 then ext 2. and leave a voice message:

I am (your name), live at (address and county) … I urge Governor Cuomo to to VETO S7722 (SAY THIS NUMBER!!!) – “special education placement bill”.  The bill DOES NOT protect special education children.  The bill favors religious groups over everyone else. The bill will cost public school districts hundreds of thousands of dollars and will create a segregated school system using taxpayer money.

Please also send a letter to the Governor: http://www.governor.ny.gov/ContacttheGovernor
An excellent example of a letter on this subject is available at: http://www.lohud.com/article/20120711/OPINION/307110024/Special-ed-bill-will-damage-districts
These sources will provide ample information to compose a letter to the governor:
The Rockland County Legislature has refused to take up this issue:
Full coverage of the action in the legislature is available at: http://www.preserveramapo.org/Preserve%20Ramapo%202012/county_legislators_turn_their_ba.htm
The issue was also discussed extensively on the East Ramapo Underground radio show:

7-8-12

Posted on

Power of Ten Update

In this edition:

  1. Action items: Call the Governor, come to the county legislature
  2. Loss of Band Director hurts district
  3. Message from the editor
1) Action Items!
In a previous update, it was reported that NYSED found the East Ramapo district to be in violation of regulations pertaining to placement of special education students.  A new law has been proposed which would allow the district to make these placements at taxpayer expense.  Only governor Cuomo can stop this bill from becoming law.
The problematic nature of this law has been exposed in the Wall Street Journal and denounced on Huffington Post

Please call Governor Cuomo’s office this week!

Call 518-474-8390 then ext 2. and leave a voice message:

I am (your name), live at (address and county) … I urge Governor Cuomo to to VETO S7722 (SAY THIS NUMBER!!!) – “special education placement bill”.  The bill DOES NOT protect special education children.  The bill favors religious groups over everyone else. The bill will cost public school districts hundreds of thousands of dollars and will create a segregated school system using taxpayer money.

Please  come to the Rockland County Legislature meeting on Tuesday!

County Legislator Joe Meyers is planning to introduce a resolution urging Governor Cuomo to veto the bill.  The public can speak at the beginning of the meeting in support of this Resolution.

Time: Tuesday, July 10th at 7:00 pm (come at 6:15- see the next item)
Place:11 New Hempstead Road, New City

2) Loss of Band Director Michael E. Smith hurts district

According to The Journal News, “For more than 20 years with Smith at the helm, the marching band has proven itself a gem among East Ramapo’s athletic and extracurricular programs even as the district has floundered in other areas.”

What kind of school leadership would lay off  the one district-wide employee most identified as creating an image of success and pride in the district?

This same leadership last year fired Pedro Santana, whose leadership was inspiring a revival in school spirit and renewed optimism among students, teachers and  parents.

These were the two most prominent district-wide employees who were inspiring pride and hope in the staff and the students. Coincidence?

The Rockland County Legislature will honor Mr. Michael E. Smith on Tuesday, July 10 at 6:15 pm. (Please stay to support Joe Meyers’ resolution re: “special education placement bill”)

3) Message from the editor

Please take some time to look over the content on the Power of Ten website.  The story of our struggle is told there in documents such as the Comptroller’s report, the NYSED violation notice, and the Commissioner’s Hillcrest sale decision. It is documented in the videos of parents, students, teachers, administrators, and community members pleading with the board not to destroy our educational system.

For years, those who have been at the helm have cited financial reasons for their actions.  But how does this explain that they created a paid position (treasurer) for a close friend, Israel Bier?  This job had previously been performed by a district employee at no extra cost.  How does this explain that they replaced our long time attorney for one that cost about four times as much per hour? Or trying to sell two schools for a fraction of the appraised value? How about losing track of millions of dollars worth of textbooks loaned to their friends who run non-public schools, or violating regulations of the state to place students in non-public schools at public expense?  Is any of this sound financial policy for the district?

And then they fired Pedro Santana, the most effective and beloved administrator the district has ever seen.  And now they have let the LEGENDARY band leader Michael E. Smith go.

Are the board members  sincerely trying to protect the taxpayer?  The record shows that they have been cited time and again for failure to protect the taxpayer’s interest. The record shows that they have taken actions which hurt the reputation and morale of the district even when there is no financial reason for doing so.

This message is to the school board and the superintendent: as former NFL head coach Bill Parcells would say: “you are what your record says that you are.”

6-25-12

Posted on

Power of Ten Update

In this edition:

  1. Budget passes by 3-1 margin
  2. Superintendent Klein lays off legendary marching band director, Nyack snaps him up
  3. NY State looks to roll back the clock on school desegregation 
  4. Spring Valley Senior Class President produces documentary video
  5. message from the editor
1) Budget passes by 3-1 margin
The  budget vote count on June 19 was 3562 YES and 1217 NO.  The budget which was passed included massive layoffs and cuts to programs.  A summary of layoffs can be found at: http://poweroften.us/highlights/2012-layoffs/ (note: because this is a pdf file, it may not be viewable from some smartphones)
2) Superintendent Klein lays off Legendary Band Director Michael Smith
For 27 years, Mr. Smith has led the World Famous East Ramapo Marching Band to Championships, Film and Television appearances, and over 600 local events.
What kind of school leadership would let go an individual responsible for so much success?
By letting Mr. Smith go, the Superintendent has betrayed the stated vision, values and mission of the district.   The board and the Superintendent have once again turned a deaf ear to the students and parents, who have come to many board meetings to emphasize that the Marching Band and Mr. Smith are achieving excellence.
The Nyack school District has benefited from our loss; they hired Mr. Smith immediately upon hearing he had been let go from East Ramapo.  They are looking forward to him bringing the magic to Nyack students that he has brought to East Ramapo for 27 years.
3) New law would legalize “family background” as criteria for placement
In a previous update, it was reported that NYSED found the East Ramapo district to be in violation of regulations pertaining to placement of special education students.  These violations occur when the district makes placements based on race, religion, or ethnicity rather than educational assessment.
A new law has been proposed which would allow the district to make these placements at taxpayer expense.  Only governor Cuomo can stop this bill from becoming law.  The following letter has been created as a template for you to write and express your view regarding this bill:

Dear Governor Cuomo,

The recently passed bill (NY State Assembly A10722 and Senate S7722) “Relates to determinations of appropriate educational programs for certain students” is a very dangerous bill. This bill is discriminatory in nature and was devised to circumvent Brown vs. the Board of Education!

This legislation would allow factors such as race, religion, or ethnicity to be taken into account for placement of special education students. This bill would make a mockery of Brown versus the Board of Education and encourage parents who desire segregated education at public expense to reframe a racist agenda as a multicultural one.  Allowing a consideration of “differences between the school environment and the child’s home environment and family background” in special education placement is clearly code for an agenda to school segregation supported by our tax dollars.

Please do not allow this bill to become law. It would be setback to decades of anti-discrimination and desegregation efforts, with NY State leading the way.

Thanks, (your name)

Please send your letter using the Governor’s contact form at: http://www.governor.ny.gov/ContacttheGovernor

4) Student Documentary Video by Hernz Laguerre

Spring Valley Student Body President Hernz Laguerre has created a video documenting the importance of extra-curricular activities in education.  Don’t miss this important video!

5) Message from the editor

Please take some time to look over the content on the power of ten website.  The story of our struggle is told there in documents such as the Comptroller’s report, the NYSED violation notice, and the Commissioner’s Hillcrest sale decision. It is documented in the videos of parents, students, teachers, administrators, and community members pleading with the board not to destroy our educational system.

This is a system which has been built up with hundreds of millions of taxpayer dollars and countless hours of labor.  This is a system which has produced thousands of proud graduates who are contributing to society today.  This is a system which was once considered one of the top systems in the state.  According to Former Assistant Superintendent Joe Farmer, what is happening now is the systematic dismantling of this system, which amounts to a power grab that will destroy the potential of this community. In his words, “This is War!”

For years, those who have been at the helm have cited financial reasons for their actions.  But how does this explain that they created a paid position (treasurer) for a close friend, Israel Bier? This job had previously been performed by a district employee at no extra cost.  How does this explain that they replaced our long time attorney for one that cost about four times as much per hour? Or trying to sell two schools for a fraction of the appraised value? How about losing track of millions of dollars worth of textbooks loaned to their friends who run non-public schools, or violating regulations of the state to place students in non-public schools at public expense?  Is any of this sound financial policy for the district?

And then they fired Pedro Santana, the most effective and beloved administrator the district has ever seen.  And now they have let the LEGENDARY band leader Michael E. Smith go.

These were the two most prominent district wide employees who were inspiring pride and hope in the staff and the students.  

There is a documented statement by a lawyer for a non-public school that asserts a direct connection between failing public schools and opportunities for non-public schools: In a letter to the town of Ramapo in 2008, Mark Kurzman, a Pearl River attorney representing Bobover, said “there has been a serious, growing areawide need for yeshiva classroom space on all grade levels.”  He said yeshiva builders were competing with residential builders for land, adding that “the pressure is intensified by the fact that it has been well over 10 years since the (East Ramapo) school district has sold any of its sites as surplus.”

Were the board members whose close family and professional ties to the non-public school users sincerely trying to protect the public interest, or was this a ‘power grab’ to ‘dismantle’ public education in response to ‘intense pressure’ ?  The record shows that they have been cited time and again for failure to protect the taxpayer’s interest. The record shows that they have taken actions which hurt the reputation and morale of the district even when there is no financial reason for doing so.  This message is to the school board and the Superintendent: you are what your record says that you are.