Tuesday, April 22, 2014

Introduction to ON POINt by Sandy Asper

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Wednesday, April 16, 2014

Lawsuit alleges Bullying at Newport-Mesa


THURSDAY, APRIL 3RD, 2014 AT 5:12AM

Lawsuit alleges bullying at Newport-Mesa

Posted by jc13

Anonymous party sues the district, saying child was mistreated by teacher, principal.


By Jeremiah Dobruck
April 2, 2014 | 7:02 p.m.
A mother is suing for monetary damages, written apologies and new school policies, alleging a Newport Beach teacher bullied her daughter in 2011 and her complaints about it were not properly addressed.
According to a lawsuit filed in federal court in February, the Newport-Mesa Unified School District failed to intervene when a Newport Heights Elementary School teacher began harassing the then-fifth-grader in retaliation for a previous complaint.
The lawsuit does not identify the mother and daughter, arguing that they deserve anonymity.
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    • The daughter has already been forced to change schools because of the conflict, according to the court filing.
    The student’s mother complained to the school principal on Feb. 4, 2011 that the teacher was disrupting class by bringing a toddler with her to school and often showing up late, according to the lawsuit.
    After the complaint, the teacher allegedly humiliated the student in class, canceled make-up tests, refused to give her the proper tools for assignments and often misstated or neglected to enter grades, the mother alleges in court documents.
    The lawsuit claims the defendants violated the daughter’s right to a safe, peaceful learning environment and the mother’s right to free speech when they retaliated or refused to investigate her complaints.
    The document also claims that the school district broke open-records laws by providing an edited tape when the mother requested video from a school board meeting.
    A lawyer and spokeswoman for the Newport-Mesa Unified did not return calls asking about the lawsuit, but a response filed last month asked a judge to dismiss the claims because they didn’t follow proper filing procedures and don’t show the evidence needed to support the alleged violations.
    “The 1st Amendment does not guarantee that there will be any government response to a public complaint, or that the government will consider, respond or grant any relief on a citizen’s request for redress of grievances,” the filing argues at one point, defending administrators against the mother’s claim that they violated her freedom of speech by allowing the alleged retaliation to continue.
    In addition to blaming the district, the lawsuit names a small group of administrators and district employees, including former Supt. Jeffrey Hubbard, an assistant superintendent and Newport Height’s principal at the time.
    In January 2013, the unidentified mother originally filed suit against the same defendants and an additional Newport Heights teacher but with somewhat different allegations.
    In addition to the alleged retaliation, the mother said school employees and students bullied her daughter based on her gender or sexual orientation.
    “Plaintiffs are informed and believe that the school and the district are afflicted by a culture which is highly discriminatory toward females …” the original claim states.
    But any reference to that sexual bias was removed from the amended complaint filed in February.
    The plaintiffs’ lawyer did not return a voice mail message Wednesday.
    The school district’s response says it was never served with the original lawsuit, which was filed in Orange County Superior Court.
    The lawsuit moved to the U.S. District Court for the central district of California in Santa Ana at the request of the defendants.
    A hearing on the motion to dismiss is scheduled for April 21.
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    Saturday, April 12, 2014

    Bullying Laws in California: Every State across the United States have different laws. 1st Right Amendment can apply depending on factual evidence.


    California

    Last Updated: 3/28/2012
    Bullying/Harassment: Education Code 32261 (1985) states that all pupils enrolled in a classroom have the inalienable right to attend classes on school campuses that are safe, secure and peaceful. It encourages school districts to develop and implement interagency strategies, in-service training programs, and activities that will improve school attendance and reduce school crime and violence, including vandalism, drug and alcohol abuse, gang membership, gang violence, hate crimes, bullying, including bullying committed personally or by means of an electronic act, teen relationship violence, and discrimination and harassment, including, but not limited to, sexual harassment.

    Education Code 35294.2 (2001) requires the Department of Education to develop model policies on the prevention of bullying and conflict resolution. The code authorizes districts to adopt one or more of these policies for the incorporation into its school safety plan, as required in the statute (Model Policies). Education Code 48900(2008) permits a student to be suspended from school or recommended for expulsion for engaging in acts of bullying. Education Code 48900.4 (2008) allows a student to be suspended or recommended for expulsion if the superintendent or the principal of the school in which the student is enrolled determines that the student has intentionally engaged in harassment, threats or intimidation, directed against school district personnel or pupils "that is sufficiently severe or pervasive to have the actual and reasonably expected effect of materially disrupting classwork, creating substantial disorder, and invading the rights of either school personnel or pupils by creating an intimidating or hostile educational environment."

    Education Code 48900.2 (2008) permits a student to be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the student is enrolled determines that the student has committed sexual harassment, as defined in Education Code 212.5. Education Code 46600 states that a pupil that has been determined to be a victim of an act of bullying shall be given priority for interdistric attendance under any interdistrict attendance agreement, or in the abscence of an agreement, be given additional consideration for the creation of an interdistrict attendance agreement.

    Education Code 234 requires the bullying and harassment policy adopted by the local education agencies to prohibit discrimination, harassment, intimidation and bullying based on actual or perceived characteristics, as specified. It also requires the process for receiving and investigating complaints to include complaints of discrimination, harassment, intimidation and bullying based on actual or perceived characteristics, as specified, and to include a requirement that school personnel who witness such acts take immediate steps to intervene when safe to do so, a timeline to investigate and resolve complaints, and an appeal process, as specified.

    Cyberbullying: Education Code 48900 (2008) permits a student to be suspended from school or recommended for expulsion for engaging in acts of bullying, including bullying committed by means of electronic acts. Education Code32261 (2011) defines "electronic act" as "the transmission of a communication, including, but not limited to, a message, text, sound, image or a post on a social network Internet Web site, or image by means of an electronic device, including but not limited to a telephone, wireless telephone or other wireless communication device, computer or pager.

    Education Code 32261 encourages school districts, county offices of education, law enforcement agencies, and agencies serving youth to develop and implement interagency strategies, in-service training programs, and activities that will improve school attendance and reduce school crime and violence, including bullying committeed personally or by means of an electronic act, which includes the posting of messages on a social network Internet Web site.

    Hazing: Education Code 48900.2 (2008) permits a student to be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the student is enrolled determines that the student has engaged ir or attempted to engage in hazing. "Hazing" is defined as a method of means a method of initiation or preinitiation into a pupil organization or body, whether or not the organization or body is officially recognized by an educational institution, which is likely to cause serious bodily injury or personal degradation or disgrace resulting in physical or mental harm to a former, current, or prospective pupil." For the purposes of this statute, "hazing" does not include athletic events or school-sanctioned events.
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    Thursday, April 3, 2014

    Bullyingwarrior: NMUSD COMMUNITY WANTS AUDIT INVESIGATIONS FOR 10 y...

    Bullyingwarrior: NMUSD COMMUNITY WANTS AUDIT INVESIGATIONS FOR 10 y...: NMUSD Community Members hope  an audit an investigations will be done on  all complaints, claims and requests under the CA. Public Records A...
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    NMUSD COMMUNITY WANTS AUDIT INVESIGATIONS FOR 10 years against DISTRICT EMPLOYEES

    NMUSD Community Members hope an audit an investigations will be done on  all complaints, claims and requests under the CA. Public Records Act employee in charge, including  past/present Board Members and all 3 past and current Superintendents and Assistant Superintendents in the Newport Mesa Unified School District over the past 10 years.

    This hopefully will be done under a non bias government agency, including Department of Justice and the FBI to see if there are any other injustices, fraud, unfair due process with other victims.

    Bullyingwarrior
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    Wednesday, April 2, 2014

    A BUBBLING CAULDRON: Mensinger Accused By Teacher

    A BUBBLING CAULDRON: Mensinger Accused By Teacher
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    Sunday, October 20, 2013

    Bullyingwarrior: NMUSD News before, during and after the trial of J...

    Bullyingwarrior: NMUSD News before, during and after the trial of J...: NMUSD News before, during and after the trial of Jeffrey Hubbard, past Superintendent and criminally found guilty in the BHUSD TRIAL. Cli...
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