In This Issue:
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LA UNIFIED ARGUED MIDDLE SCHOOLER CAN CONSENT TO SEX WITH TEACHER |
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THIS WEEK IN MiSiS |
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2 Stories: RATLIFF ASKING FOR REVIEW OF LITIGATION COSTS OVER LAST 5 YEARS |
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From
the wonderful folks who brought us the Common Core Technology Project
and MiSiS: LAUSD POLICY BULLETIN NINE NINE NINE (POINT) NINE + smf's 2¢ |
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HIGHLIGHTS, LOWLIGHTS & THE NEWS THAT DOESN'T FIT: The Rest (but
not necessarily the best) of the Stories from Other Sources |
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EVENTS: Coming up next week... |
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What can YOU do? |
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Featured Links:
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The young teacher, Gordon Sumner, did not last in
teaching long. Fresh out of teacher’s college he taught for a couple of
years at St. Paul's First School in Northumberland.
Young teachers and young girls need some careful watching, as he recounts in a song he wrote:
Young teacher the subject
Of school girl fantasy
She wants him so badly
Knows what she wants to be
Inside her there's longing
This girl's an open page
Book marking she's so close now
This girl is half his age
Don't stand, don't stand so
Don't stand so close to me
Don't stand, don't stand so
Don't stand so close to me
Her friends are so jealous
You know how bad girls get
Sometimes it's not so easy
To be the teacher's pet
Temptation, frustration
So bad it makes him cry
Wet bus stop, she's waiting
His car is warm and dry
Loose talk in the classroom
To hurt they try and try
Strong words in the staffroom
The accusations fly
It's no use he sees her
He starts to shake and cough
Just like the old man in
That book by Nabokov
In that same period, Sumner, a part time musician, wore a yellow and black striped sweater to a gig and was forever after Sting.
WEDNESDAY EVENING a small party of us first heard the story that broke
Thursday morning - about the middle schooler and her affair with her
teacher.
LA UNIFIED ARGUED MIDDLE SCHOOLER CAN CONSENT TO SEX WITH TEACHER (follows)
All seemingly old water long under the bridge. The teacher was caught in
2010 and convicted in 2011, the girl and/or her parents tried to sue
LAUSD a year ago – but the court found the District had acted
appropriately as soon as it suspected what going on.
Whistle blown. Teacher removed, Charges filed. Conviction obtained.
The District actually won a civil lawsuit in a child abuse case.
The couple had carefully hid the affair from everyone the District’s
attorney argued. They had lied to the girl’s parents and deceived the
school. The District successfully argued that it didn’t know the abuse
was going on, and when it found out….
Loose talk in the classroom
To hurt they try and try
…one of the girl’s friends told a teacher, who dropped a dime…
The District acted immediately – a perfectly good and legitimate defense.
Case closed; all by the book. Just like the mandatory Child Abuse Awareness Training says.
But the LAUSD attorney went on, bringing up the girl's past sexual
history – and pretty much painted the fourteen year old (like in the
song, twice the teacher’s age) not as the victim but as an offender.
She was, as the bad boys say: Asking for it.
The lawyer went as far to claim that under a couple of interpretations
of California Law a 14-year-old middle school student was mature enough
to consent to having sex with her 28-year-old teacher, and that she bore
responsibility for what happened. .
It seems our attorney was mounting a two phase defense:
A.) The District wasn’t responsible because it was unaware and
B.) It was OK anyway, the girl was a tramp
(I remind you here that the teacher was already in prison for the offense.)
In a radio interview the LAUSD attorney went on to say: "Making a
decision as to whether or not to cross the street when traffic is
coming, that takes a level of maturity and that's a much more dangerous
decision than to decide, 'Hey, I want to have sex with my teacher,'"
By the book. The one by Nabokov. Or maybe Kafka.
I’m sorry, gentle readers, I like that Police song. I love the book by
Nabokov – it’s a passionate and almost libidinous love letter - not to
little girls - but to-and-in the English language.
I confess that pubescent girls are attractive and can be seductive. But
if you’re a teacher or a stepparent or a priest or an adult of any
flavor - and a fourteen year old is asking for it - the answer is always
“No!”
There is no moral or ethical or legal ambiguity.
And if there is ambiguity in California Law we need to change the law.
The story of course continues; they always do.
L.A. TIMES & LA OPINÓN ON LAUSD’s ‘BLAME THE VICTIM’ COURTROOM STRATEGY | http://bit.ly/1ucaBXr
L.A. UNIFIED ATTORNEY APOLOGIZES FOR SAYING IT'S MORE DANGEROUS TO CROSS STREET THAN HAVE SEX WITH A TEACHER | http://bit.ly/1ucaBXr
• The civil case is being appealed because the girl’s sexual history was inappropriately brought up in trial
• Other people are coming forward with other alleged instances of
inappropriate and or questionable conduct by the teacher in question.
• The District initially stood behind, then criticized and finally fired
the attorney (but not his law firm) – all within about 36 hours.
IN THE MIRAMONTE CASE the judge has ruled against the District’s motion for a gag order CITE
BOARDMEMBER RATLIFF, an attorney herself, has asked for an investigation
going back five years on LAUSD’s action in civil cases. 2 Stories:
RATLIFF ASKING FOR REVIEW OF LITIGATION COSTS OVER LAST 5 YEARS | http://bit.ly/1y4VH5O
I SUPPOSE THIS CAN BE ASCRIBED TO SOME DEASIAN EXCESS, an abundance of
urgency or Win-at-All-Costs zeal. It would probably be a mistake to
paint the girl in Mary Janes, bobby socks and a gingham dress; this was
nor Rebecca of Sunnybrook Farm.
But please – these are children – and some of them like some of us make huge mistakes.
Somebody should be always looking out for the kids.
Somebody should always be looking out for young teachers, the subjects of schoolgirl fantasies.
Somebody should look out for outside counsel.
Nabokov said of Freud: “I don't want an elderly gentleman from Vienna with an umbrella inflicting his dreams upon me.”
Vladimir Nabokov, the novelist - like all novelists - created+populated a
unique world. In his, one John Ray, Jr, Ph.D., a prominent
psychiatrist from Widworth, Massachusetts with a penchant for platitude
and a taste for semicolons is asked to edit the first person testament
of Humbert H. Humbert (not his real name Ray assures us) who has died
in judicial custody, awaiting trial. After a page or two of New English
moralizing Ray introduces us to the novel Lolita thus:
“As a case history, Lolita will become, no doubt, a classic in
psychiatric circles. As a work of art, it transcends its expiatory
aspects; and still more important to us than scientific significance and
literary worth, is the ethical impact the book should have on the
serious reader; for in this poignant personal study there lurks a
general lesson; the wayward child, the egotistic mother, the panting
maniac — these are not only vivid characters in a unique story: they
warn us of dangerous trends; they point out potent evils. Lolita should
make all of us — parents, social workers, educators — apply ourselves
with still greater vigilance and vision to the task of bringing up a
better generation in a safer world.”
¡Onward/Adelante! – smf
LA UNIFIED ARGUED MIDDLE SCHOOLER CAN CONSENT TO SEX WITH TEACHER
by Karen Foshay | KPCC 89.3 | http://bit.ly/1yCxsMo
13 Nov. 2014 | 5am [This story has been updated] :: Last November,
Los Angeles Unified School District lawyers fighting a civil lawsuit
argued in court that a 14-year-old middle school student was mature
enough to consent to having sex with her 28-year-old teacher, and that
she bore some responsibility for what happened. The district's attorneys
also introduced the girl's sexual history into the trial as part of
their defense strategy.
Two legal experts sharply criticized the school district for using those
tactics. They also said the case highlights a little-known conflict in
California law: while the age of consent is firmly set at 18 in criminal
cases, at least two appellate court rulings have found that in civil
cases, it is possible to argue that a minor can consent to sex with an
adult.
Last November's case involved a math teacher at Thomas Edison Middle
School in Southeast Los Angeles who in December 2010 began a six-month
sexual relationship with a girl who went to the school. The teacher,
Elkis Hermida, was convicted of lewd acts against a child and sentenced
in July 2011 to three years in state prison.
The girl's family filed a civil lawsuit against L.A. Unified, claiming
the district was negligent and the experience had emotionally damaged
the girl, endangering any future romantic relationships she might have.
During the three week civil trial, district lawyers denied that L.A.
Unified had any knowledge of the relationship, argued the girl knew what
she was doing when she chose to have sex with Hermida and suggested the
girl was to blame for her situation, not LAUSD.
"She lied to her mother so she could have sex with her teacher," said
Keith Wyatt, L.A. Unified's trial attorney in the case, in an interview
with KPCC. "She went to a motel in which she engaged in voluntary
consensual sex with her teacher. Why shouldn't she be responsible for
that?"
Wyatt cited a 2009 legal ruling by the US District Court for
California's Central District that said in certain circumstances a minor
can consent to sex. That ruling, in the case of Doe v. Starbucks, cited
a 2001 decision by the California Supreme Court in a criminal case,
People v. Tobias. In Tobias, the supreme court argued that when the
state legislature added the crime of "unlawful sexual intercourse with a
minor" to the penal code in 1970, the lawmakers "implicitly
acknowledged that, in some cases at least, a minor may be capable of
giving legal consent to sexual relations."
In its Doe ruling, the District Court went on to cite another court
decision as grounds for its conclusion that "the rule that 'a minor may
be capable of giving legal consent to sexual relations' has been
extended to non-criminal cases."
The Doe and Tobias decisions left California law "horribly flawed," said
Jennifer Drobac, a law professor with Robert H. McKinley Law school at
Indiana University who has studied consent laws nationwide, including
the Doe v. Starbucks case.
California is one of several states where the criminal age of consent
laws clash with the civil laws, according to Drobac, noting a minor can
be a victim in a criminal case, but found at fault in a civil case
related to the same crime.
"It doesn’t make sense," said Drobac. "The same parties, same behavior,
same everything, consent is no defense in a criminal trial. But the
same set of facts in a civil prosecution, consent is a complete defense.
How is that possible? It's not logical."
Drobac called L.A. Unified's courtroom tactics in the civil lawsuit "shocking."
Another leading expert, law professor Marci Hamilton of the Benjamin N.
Cardozo Law School in New York, called the school district's approach in
the civil trial "outrageous," and accused it of "engaging in scorched
earth tactics."
Hamilton echoed Drobac's criticisms of the California court rulings on consent.
"If this is a correct interpretation of California law, California is in
the dark ages and against the great weight of the social science on
brain and emotional development," said Hamiliton, who added, "the
legislature needs to take this up.
"This reasoning is incoherent, especially in the school context," she
went on. "It would have the court focus on the child's consent without
taking the authority and power of the adult into account...This
reasoning takes a page out of the old 'consent' defenses for rape based
on a woman's sexual history, which have been thoroughly discredited."
L.A. Unified lawyer Wyatt insisted that a 14-year-old can have the maturity to consent to sex.
"Making a decision as to whether or not to cross the street when traffic
is coming, that takes a level of maturity and that's a much more
dangerous decision than to decide, 'Hey, I want to have sex with my
teacher,'" Wyatt told KPCC.
In his closing argument during the civil trial, Wyatt maintained that
the girl was pursuing the case for purely financial reasons.
"She wants to be paid for doing something that she knew was wrong, that
she acknowledged was wrong, that she knew was from the beginning," Wyatt
argued, adding, "She doesn't want therapy, she wants money. That's what
they are asking you for."
Minor's sexual history heard
During the trial, L.A. County Superior Court Judge Lawrence Cho allowed
L.A. Unified to introduce evidence of the girl's sexual history as part
of its defense.
California's rape shield law prohibits evidence of a sexually abused
victim's sexual history in criminal trials, but it is allowed in civil
cases, according to Jeff Dion, Deputy Executive Director of the
Washington, D.C.-based National Center for Victims of Crime.
"I think it's unusual that we are seeing it being used against a child," said Dion.
Marci Hamilton went further, saying, "basically they are treating child
victims worse than an adult victim of rape. It makes no sense."
L.A. Unified also persuaded Judge Cho to place the girl's name on the
jury's verdict form, which provided an opportunity for jurors to find
her comparatively negligent, or at fault.
Cho admitted his ruling was unusual, saying, "There is currently no
published decision in California" allowing the consideration of a child
victim's comparative negligence in a school sex abuse case.
The judge "went beyond the bounds of common sense," said Hamilton.
Cho's move surprised the girl's attorney, Frank Perez.
"I have never seen a verdict form where the child has been listed as
partially responsible for his or her own molestation," said Perez.
In the end, the jury didn't fill out the verdict form. It ruled in favor
of LAUSD, accepting the district's argument that it had no knowledge of
the relationship and therefore was not at fault.
Perez said the case is being appealed, in part because the girl's name was on the verdict form.
UPDATED: November 13, 03:04 PM :: Following publication of this story,
L.A. Unified issued a statement from Keith Wyatt Thursday.
"While we are sympathetic of the pain that this type of inappropriate
relationship could cause this young woman and her family, the case
focused on whether the school district could have done anything to
prevent it," Wyatt said. L.A. Unified tried the case "in a respectful
manner," he said, adding, "our argument shared in the disgust with this
teacher’s actions, but it focused on the decisions of this teacher and
young lady to hide their behavior from the school district."
Wyatt issued another statement from his law office on Thursday in which he apologized for his remarks:
“Upon reflection, I realize how insensitive the comments I made to
KPCC were, and I am truly sorry to this young woman and her family. My
statements were ill thought out and poorly articulated and by no means
reflect the opinions of the school district or its leadership. It is
regrettable that my remarks have taken away from the respectful manner
in which this case was tried.”
L.A. Unified spokesman Sean Rossall* said the district is continuing its
professional relationship with Wyatt’s firm, Ivie, McNeill & Wyatt.
He said the firm has represented the district "for over 20 years," and
is currently handling 18 lawsuits on behalf of LAUSD. Regarding the
upcoming trial over the Miramonte sexual abuse civil suit, Rossall said
the firm’s only involvement was "in a very limited capacity as legal
counsel for one of the witnesses."
Seeking reactions from members of the L.A. Unified Board, KPCC reached
board members Tamar Galatzan, Monica Ratliff, Steve Zimmer, Richard
Vladovic, and Monica Garcia. None would comment. The district did not
respond to a request for comment from Superintendent Ramon Cortines.
One former longtime school board and L.A. city council member, Rita Walters, did comment.
"I think that the attorney for the district went out of his way to blame it on the victim," she said.
Correction: An earlier version of this story misspelled the Robert H. McKinney School of Law.
________
* Rossall is a special crisis management consultant on LAUSD sex abuse litigation, not an LAUSD employee
THIS WEEK IN MiSiS
►MiSiS OVERSIGHT REPORT
From the AALA Weekly Update for the Week of November 17, 2014 | http://bit.ly/JidN0H
13 Nov. 2014 :: The report from the Viramontes Group, a consulting
firm hired to provide oversight of the My Integrated Student Information
System (MiSiS) implementation, was released to the public on November
6, although dated October 16, 2014. We have read through the report and
note that it finds fault with many of the same issues that the AALA
MiSiS Committee noted for the past two years. For example, it mentions
multiple warnings that the system was not ready that were ignored by
District staff prior to its implementation. What the report does not
say, and apparently no one who was interviewed mentioned, is that for
two years AALA’s committee delineated problem areas and noted the lack
of functionality of the system, to no avail. The report states, “Project
management mandates that the team be communicative, change control be
aligned, deliverables modified and timelines changed when a business
requirement is not meeting needed functionality.” It goes on to identify
that no one was willing to make a “No-Go” decision despite resource
deficiencies, late deliverables and lack of stakeholder
involvement.
AALA has published myriad articles about MiSiS over the past two years.
It is not our intent to rehash what has been said multiple times; nor is
there any need to gloat. What we do find disconcerting, however, is
that Viramontes, who was hired by former Superintendent Deasy and who
has a contract with the District through February 2015, actually comes
up with little new information and regurgitates much of what we have
previously written, albeit using more organizational management
semantics. For example, “The Help Desk had not been tiered to handle the
call load or have the level of expertise needed.” Hmmm…we said that
last spring. Also, “There appeared to be a significant lack of input
from the community of personnel that would eventually use the
applications.” Gee, didn’t we say that too? In fact, for AALA members
and those on the MiSiS Committee, there is really little new information
in the seven-page report. (To access the entire report, click here:
Viramontes Report. |
http://bit.ly/1xpKDC2)
The Viramontes Group’s analysis finds that the project cannot be
completed with the current management structure and staffing models. It
asserts that more developers, quality assurance personnel, subject
matter experts and dedicated stakeholders are needed. Perhaps, in
response to this, Superintendent Cortines requested assistance from
Microsoft Corp., which sent sixteen staff members this week to work with
the District team in resolving MiSiS problems. In addition, a District
news release indicated that the company is exploring a long-term
relationship with LAUSD in which Microsoft would potentially lead the
MiSiS efforts. While we appreciate Mr. Cortines’ hands-on approach to
resolving the issues with MiSiS and his weekly communication updates, we
anticipate that complete functionality of the system will not happen in
the near future and this school year will continue to be one of the
most challenging ever.
_______________________
►LAUSD’s MiSiS: 2,580 STUDENTS WITHOUT SCHEDULES, 1,136 STUDENTS HAVE NO
ID NUMBER, 1,251 HAVE DUPLICATE NUMBERS …AND IT JUST GOES ON+ON+ON
By Thomas Himes, Los Angeles Daily News | http://bit.ly/1sV2awK
Posted: 11/15/14, 8:47 PM PST While progress has been made in some
areas, at least 2,580 students still have no class schedules, according
to a report released by a computer expert hired to oversee Los Angeles
Unified’s plans to fix a disastrous new computer system, MiSiS.
Superintendent Ramon Cortines has said correcting the computer system is
key, especially as the district begins a second semester and students
will again need to be assigned class schedules. The program launched on
the first day of school caused massive disruptions, as students were
missing from the system and educators scrambled to create course
schedules and class rosters by hand. Middle and high schools are being
asked to put together their course offerings and master schedules for
the second semester by Friday.
Aside from missing schedules, 1,136 students have no identification
number listed, which ensures the correct student’s records have been
called up, and 1,251 have duplicate numbers. Counselors have complained
that they must search the records of all 650,000 students each time they
need to pull one student’s records. Even when the searches pull up the
correct student, listing the right name and identification number, the
course schedules and other records provided can be for a different
student with the same name.
The district’s technological staff, meanwhile, is working to solve 229
programming bugs, including 34 in enrollment, 34 in grades, 30 in
scheduling and 22 in attendance, according to the report.
Cortines last week took a step toward speeding up the time frame to fix
the system by persuading Microsoft’s top executives to dispatch 16
employees to help fix and develop the software. Microsoft was one of the
contractors hired to help LAUSD develop MiSiS, but the district’s has
not identified the specific role Microsoft played in building the
system, despite repeated requests from this organization.
“Already, our IT team and Microsoft have worked with schools to resolve
the majority of transcript issues,” Cortines wrote in an update for the
school board on Friday.
Some 300 school employees, and retirees hired on a temporary basis, were
sent to high school campuses earlier this month to find transcripts for
college-bound students facing deadlines for early application and
financial aid.
In a Nov. 7 letter requesting Microsoft’s help, Cortines wrote:
“Microsoft’s assistance with the My Integrated Student Information
System (‘MiSiS’) is critical, given the that the systems malfunctioning
continues to negatively impact the entire Los Angeles Community.”
_______________________
► LAUSD REPORT SAYS NEARLY 5,000 STUDENTS STILL AFFECTED BY MiSiS ISSUES
by LA School Report | http://bit.ly/1sV5kAK
MiSiSPosted on November 14, 2014 5:45 pm :: The outside consultant
hired by LA Unified to help fix the district’s new data tracking system
is reporting that, through yesterday, nearly 5,000 students had been
affected by flaws in the MiSiS computer system.
In a breakdown the district released today, the Viramontes Group found
that 2,580 students were without schedules, 1,251 had duplicate IDs and
another 1,136 were missing their district IDs — for a total of 4,967
students suffering issues linked to the system.
In addition, the report identified 229 “programming bugs” through Nov.
10, a list of problems affecting more than two dozen categories of data,
such as attendance, grade books, state reporting and transcripts.
The seven page report also includes a section of “observations,” which
lists problems found, steps taken to eliminate them and further work
that needs to be done.
The report lists 30 issues to be dealt with, 29 of which require additional work.
2 Stories: RATLIFF ASKING FOR REVIEW OF LITIGATION COSTS OVER LAST 5 YEARS
by Vanessa Romo, LA School Report | http://bit.ly/1xJFtRu
November 13, 2014 4:08 pm :: Building on her success investigating LA
Unified’s controversial iPad program, Board Member Monica Ratliff is now
asking for an overall examination into how the district allocates
support for legal matters as a way to find added funding for improving
school safety.
In two resolutions set to come before the board next Tuesday, Ratliff is
calling for a report on litigation expenses, awards and settlements
over the last five years arising out of child abuse accusations against
district employees and in cases where criminal actions occur on school
campuses.
LA Unified Board Member Monica Ratliff>>
The idea, according to Ratliff, is to redirect these funds toward
boosting school police or other security measures and adding a second
adult to all classrooms.
“Both resolutions call for analyses and plans to be done with all
deliberate speed so that the Board and Superintendent can determine
what, if any, logical and effective next steps in school security and
safety need to be implemented as quickly as possible,” Ratliff said in a
statement.
In recent years the district has paid out millions of dollars in child
abuse or molestation settlements, some of which are still ongoing. The
Miramonte Elementary School case in which a veteran teacher, Mark
Berndt, was found guilty of lewd acts on 23 children, sending him to
prison, is still in civil court, after $30 million in settlements for 65
victims. More plaintiffs are waiting their turn.
Although the district employs 41 attorneys in house, all of the
Miramonte cases were outsourced to two high-level law firms, Andrade
Gonzalez, LLP and Sedgwick LLP.
“Cases are outsourced when there is a capacity issue and/or specific
legal expertise is required,” Chief General Counsel David Holmquist
explained in an email to LA School Report.
“The vast majority of legal work is handled in-house, and the General
Counsel’s office is continually increasing that amount. That said,
outside counsel will always be needed,” he added.
If the resolutions are approved, Ratliff expects the reports to be completed by Jan. 16
________________
►LAUSD BOARD MEMBER QUESTIONS DISTRICT LEGAL COSTS
AT ISSUE IS THE HIRING OF A LEGAL DEFENSE FIRM FOR MORE THAN TWICE THE HOURLY COST OF THE DISTRICT'S STANDING LAWYERS.
By John Cádiz Klemack, KNBC | http://bit.ly/1xJGhWy
Friday, Nov 14, 2014 • Updated at 8:14 PM PST :: On the eve of what
could be the biggest child sexual abuse case against a school district
in the country, a board member with the Los Angeles Unified School
District is questioning how the district allocates its money for legal
cases.
Board Member Monica Ratliff, an attorney, plans to request two
resolutions at the Nov. 18 board meeting focusing on what she says will
increase school safety. The resolutions, titled "Assessing Possibilities
for Increased School Safety Resources" and "Increasing Safety and
Educational Outcomes Through Augmented Classroom Staffing" could rely
heavily on an internal investigation into recent litigation costs
against the district.
Ratliff declined to be interviewed by NBC4 but submitted a statement,
writing, “I appreciate the interest that my resolutions have generated
regarding this important topic. I want to know that I have done
everything possible to protect our children. I hope my colleagues on the
board will join me and pass the resolutions.”
She goes on to say that both resolutions call for analyses and plans to
happen quickly, "so that the board and superintendent can determine
what, if any, logical and effective next steps in school security and
safety need to be implemented as quickly as possible.”
In an online report from LASchoolReport.com, Ratliff says she wants to
see if the district can "redirect certain funds toward boosting school
police or other security measures and adding a second adult to all
classrooms." Ratliff is asking for a report on all litigation expenses,
awards and settlements over the last five years arising out of child
abuse allegations against district employees and in cases where criminal
actions occur on school grounds.
It comes more than nine months after NBC4 reported allegations against
LAUSD's general counsel of cronyism and malpractice for the law firms
chosen to handle the Miramonte Elementary School child sexual abuse
case, set to go to trial Monday. In a complaint filed by the district's
former risk manager, Gregg Breed, he claimed the district chose the law
firms because of their ties to Assistant General Counsel Greg McNair.
When NBC4 asked McNair if he had previously worked for the Sedgwick Law
Firm, which documents obtained by NBC4 show is charging the district
upwards of $460 an hour to handle the Miramonte case, he admitted the
connection, but denied it was the reason for hiring the firm.
In an exclusive one-on-one interview with the district's lead attorney,
General Counsel David Holmquist, he stood by the decision to hire the
law firm. Holmquist called the $460 an hour price tag reasonable, and "a
result of extensive negotiation."
"Mr. McNair made the recommendation to me but at the end of the day,
it's my decision," he said in February. "I am very confident that we
have chosen the right team, the right group of attorneys to be able to
represent us and I would choose the same ones again, today."
But the cost to the District thus far, according to records obtained
through California's Public Records Act, show the District's bill
reaching $8 million just before the case is to begin with jury selection
Nov. 17.
"Greg came to me and said, these are the firms that I want to assign
this work to because they have the capacity and expertise that we need,"
Holmquist said of his conversation with McNair, "This is bigger and
grander than our typical situation that we face so we need that level of
expertise and I certainly agreed and it was absolutely the right
decision."
LAUSD has a defense panel of attorneys that have successfully argued
liability cases for the district in the past with a flat rate fee of
$175 an hour. But Holmquist said the expertise and capacity for the
amount of documents to be discussed and potential victims involved in
the Miramonte case were far too much for the district's panel to handle.
The costs of the litigation in Miramonte and other cases over the last
few years are what Ratliff wants to investigate. Ratliff similarly
investigated the district's iPad program, which ultimately lead to the
resignation of former Superintendent John Deasy.
Holmquist told NBC4 his choices in the Miramonte were well-documented by the school board.
"They were apprised of the process we intended to employ in the
Miramonte case and we intended to act under their direction," he said.
At the time he said the district was dealing with 2,000 pieces of
litigation, claiming to keep board members in-the-know on each case
would be an unreasonable burden.
"That is my responsibility as the General Counsel of the school
district," he said. "So I did tell them who was representing us but it's
not a decision that they make, that's delegated to me. They could
choose to do something if they wanted to but they've delegated that
responsibility to me. If they're not happy with my decision, then they
need to take that out on me."
When asked in February if Holmquist would be willing to allow for an
investigation into the decisions made behind the Miramonte defense, he
said he would, but commented, "There's no need for one and I don't want
to have one going on while we're in trial. I don't think we need to do
that at this point in time but I remain open and willing to have anybody
look at our process after this is all concluded."
It could be an issue to spar over as Ratliff has requested the
investigation be finalized by mid-January, which is only possible if the
rest of the board approves her resolutions.
From the wonderful folks who brought us the Common
Core Technology Project and MiSiS: LAUSD POLICY BULLETIN NINE NINE NINE
(POINT) NINE + smf's 2¢
TITLE► RESPONSIBLE & ACCEPTABLE USE POLICY (RAUP) FOR DISTRICT COMPUTER AND NETWORK SYSTEMS
NUMBER► BUL - 999.9
ISSUER► Matt Hill, Chief Strategy Officer
DATE► November 3, 2014
ROUTING► Administrators, Instructional Technology, Applications
Facilitators, Principals*, Teachers, Parent Community Representatives
POLICY► Teachers, administrators, and other school personnel should
ensure District data systems are used in a responsible, efficient,
ethical, and legal manner, and that such use be in support of the
District’s business and education objectives.
MAJOR CHANGES► This revision replaces BUL-999.8 dated June 19, 2013,
renaming the policy as the Responsible & Acceptable Use Policy and
adding language on the District’s web content filtering system(s).
BACKGROUND► On January 8, 2002, the LAUSD Board of Education established
Board Rule 1254 as the Acceptable Use Policy as required by the
Children’s Internet Protection Act.
All uses of the Los Angeles Unified School District (LAUSD) computer and
network systems by students, employees, contractors, and consultants
are subject to the LAUSD’s Responsible & Acceptable Use Policy
(RAUP). This bulletin will undergo periodic review to ensure it reflects
current laws and regulations.*
PROCEDURES► Users of District computer systems, networks, or the
Internet must adhere to the Responsible & Acceptable Use Policy
.
Students:
Site administrators must annually distribute, collect, and keep on file the completed
attached forms from students prior to authorizing access to the Internet or the District’s network:
ATTACHMENT A: RAUP information and sign-off form for Students and Parents
ATTACHMENT B: Employees will confirm their assent to the RAUP
electronically when they activate their District account and/or change
passwords.
ASSISTANCE: For further information, please contact the IT Helpdesk on the web
http://helpdesk.lausd.net or by telephone at (213) 241-5200.
●●smf’s 2¢: See the Attachments at the link below.
In the part of my early life before my misspent youth I lived in London,
and the big hit TV show was a police procedural called “Dial 999”, that
being the telephone number one dials in the U.K. in an emergency. It’s
also an obscure rock song about unrequited love by The Loose Ends; I’ll
spare you the lyrics.
A finer legal mind than mine will have to determine if the policy
requiring “such use be in support of the District’s business and
education objective” proscribes District technology from being used by
staff to surf the internet, answer personal email, shop, play
Solitaire/Candy Crush or Words with Friends on the public’s time from
their desks, cubicles, offices …or from the horseshoe in the boardroom.
BULLETIN 999.9 ATTACHMENT A (THE PARENT AND STUDENT ATTACHMENT) requires
parental signature and return; its legalistic boilerplate pretty much
states that LAUSD isn’t responsible for anything much and that parents
are responsible for everything else and [Direct Quote] “Students under
the age of eighteen should only access LAUSDnet accounts outside of
school if a parent or legal guardian supervises their usage at all
times. The student’s parent or guardian is responsible for monitoring
the minor’s use.”[End Quote]
“ONLY IF A PARENT OR GUARDIAN SUPERVISES THEIR USAGE AT ALL TIMES” – in
what reality is this going to happen? Even June and Ward didn’t
supervise Wally and the Beav’s homework at all times!
The Policy Bulletin requires that parents sign off on the policy
annually – and that school offices keep the signed documents on file –
and of course the legal CYA continues, with provisions to make sure that
the signed agreements are binding even if they didn’t get last year’s
form .
And my favorite: [Quote] “Even without signature, all users must follow this policy… [End Quote]
There is something in law called a Contract of Adhesion: a contract
between two parties where the terms and conditions of the contract are
set by one of the parties, and the other party has little or no ability
to negotiate more favorable terms and is thus placed in a "take it or
leave it" position. It’s like the bogus declaimers on the back of
parking lot tickets or software agreements on the internet. Except that
this is worse because “even without signature, all users must follow
this policy.”
No provision is made in the policy for those who choose to not agree to it.
Though I suspect that carving it into the stone of an LAUSD Policy
Bulletin doesn’t necessarily make it binding upon all humanity in
perpetuity.
See: Sierra David Sterkin, Challenging Adhesion Contracts in California:
A Consumer's Guide, 34 Golden Gate U. L. Rev. (2004). | http://digitalcommons.law.ggu.edu/ggulrev/vol34/iss2/3
HIGHLIGHTS, LOWLIGHTS & THE NEWS THAT DOESN'T
FIT: The Rest (but not necessarily the best) of the Stories from Other
Sources
THIS WEEK's LAUSD MiSiS STATUS REPORT | http://bit.ly/1ztFBDP
LAUSD REPORT SAYS NEARLY 5,000 STUDENTS STILL AFFECTED BY MiSiS ISSUES | http://bit.ly/1ztFBDP
LAUSD’s MiSiS: 2,580 students without schedules, 1,136 have no ID# 1,251 have duplicate #s & it just goes on+on+on | http://bit.ly/1xF0VpU
Associated Press: PARENTS LIE ON SURVEY TO IDENTIFY ENGLISH LEARNERS | http://bit.ly/1vfbTVd
REPORT DETAILS MISSTEPS BY MARLBOROUGH SCHOOL IN RESPONDING TO ALLEGED SEXUAL HARASSMENT OF students | http://lat.ms/1xuwkO5
MEMO TO LAUSD: A 14-YEAR-OLD CAN'T CONSENT TO SEX | http://lat.ms/1qMHO8h
DEASY’S DEFEAT: Superintendent is beaten by the 2-big-2-reform LAUSD + smf’s 2¢ http://bit.ly/1xERQ07
MIRAMONTE ABUSE TRIAL PARTICIPANTS WILL BE ABLE TO SPEAK TO MEDIA: Judge denies LAUSD's request for gag order | http://bit.ly/1uyWbBY
2 Stories: RATLIFF ASKING FOR REVIEW OF LITIGATION COSTS OVER LAST 5 YEARS | http://bit.ly/1y4VH5O
L.A. UNIFIED ATTORNEY APOLOGIZES FOR SAYING IT'S MORE DANGEROUS TO CROSS STREET THAN HAVE SEX WITH A TEACHER | http://bit.ly/1ucaBXr
L.A. TIMES & LA OPINÓN ON LAUSD’s ‘BLAME THE VICTIM’ COURTROOM STRATEGY | http://bit.ly/1ucaBXr
U*P*D*A*T*E*D :: LA UNIFIED ARGUED MIDDLE SCHOOLER CAN CONSENT TO SEX WITH TEACHER | http://bit.ly/14ih2Qq
2 STORIES ON CLASS SIZE REDUCTION IN LAUSD: http://tl.gd/n_1sie6ik
LA UNIFIED’S UNPAID RETAIL JOBS FOR HIGH SCHOOL CREDITS DRAW CRITICISM | http://bit.ly/1ugAMOi
LA UNIFIED ARGUED MIDDLE SCHOOLER CAN CONSENT TO SEX WITH TEACHER | http://bit.ly/14ih2Qq
"GROSSLY UNFAIR" Rep. George Miller of House Education & Workforce Committee responds to TIME's "Rotten Apples" cover http://bit.ly/1zl27Pf
“I have a BS in electrical engineering.Even I cannot explain the common-core math approach, nor get the answer correct.” http://bit.ly/1sF5eMs
MiSiS: SUPE’S WEEKLY UPDATE+BOARD INFORMATIVE ON MICROSOFT DEPLOYMENT OF ADDL RESOURCES + LETTER TO MICROSOFT CEO & BOARD| http://bit.ly/11j9kV8
JOIN THE FUN - Seeking PARENT Representative for LA Unified Environmental Comtee Read: http://tl.gd/n_1siddod
PARENT TRIGGER: LA Unified schools chief to restore parent power to overhaul failing schools + smf’s 2¢ legal opinion http://bit.ly/1qEdzQV
PARENTS (Still) FIND LA SCHOOLS MAGNET PROGRAM APPLICATION DAUNTING + smf’s 2¢ [The Deadline is Friday!] http://bit.ly/1v3KhlW
NY Times: STATES LISTEN AS PARENTS GIVE RAMPANT TESTING AN ‘F’ | http://bit.ly/1xE0laK
A TECHNOLOGICAL NIGHTMARE | La Opinión | http://bit.ly/1xDkygU
“THE TEACHER WARS”: EVERYTHING OLD IS NEW AGAIN” | http://bit.ly/1GIa3z4
BIG YEAR FOR SCHOOL BONDS - Voters in 89 school districts & community colleges passed bonds worth $11.5 billion. | http://bit.ly/1GHWsb8
INSTEAD OF INTEREST TAKING ⅓ > ½ OF THE COST OF A BOND MEASURE, INTEREST FOR A TECH BOND WILL BE APPX 5% OF THE COST http://bit.ly/1GHWsb8
55%/Prop 39 compliant Ed-Tech Bonds: DISTRICTS FIND NEW WAY TO FUND TECHNOLOGY | http://bit.ly/1GHWsb8
EVENTS: Coming up next week...
The BOND OVERSIGHT COMMITTEE meets at 10AM at Beaudry on Thursday Nov 20th in the Boardroom
*Dates and times subject to change. ________________________________________
• SCHOOL CONSTRUCTION BOND OVERSIGHT COMMITTEE:
http://www.laschools.org/bond/
Phone: 213-241-5183
____________________________________________________
• LAUSD FACILITIES COMMUNITY OUTREACH CALENDAR:
http://www.laschools.org/happenings/
Phone: 213-241.8700
What can YOU do?
• E-mail, call or write your school board member:
Tamar.Galatzan@lausd.net • 213-241-6386
Monica.Garcia@lausd.net • 213-241-6180
Bennett.Kayser@lausd.net • 213-241-5555
George.McKenna@lausd.net • 213-241-6382
Monica.Ratliff@lausd.net • 213-241-6388
Richard.Vladovic@lausd.net • 213-241-6385
Steve.Zimmer@lausd.net • 213-241-6387
...or your city councilperson, mayor, the governor, member of congress,
senator - or the president. Tell them what you really think! • Find
your state legislator based on your home address. Just go to: http://bit.ly/dqFdq2 • There are 26 mayors and five county supervisors representing jurisdictions within LAUSD, the mayor of LA can be reached at mayor@lacity.org • 213.978.0600
• Call or e-mail Governor Brown: 213-897-0322 e-mail: http://www.govmail.ca.gov/
• Open the dialogue. Write a letter to the editor. Circulate these
thoughts. Talk to the principal and teachers at your local school.
• Speak with your friends, neighbors and coworkers. Stay on top of education issues. Don't take my word for it!
• Get involved at your neighborhood school. Join your PTA. Serve on a School Site Council. Be there for a child.
• If you are eligible to become a citizen, BECOME ONE.
• If you a a citizen, REGISTER TO VOTE.
• If you are registered, VOTE LIKE THE FUTURE DEPENDS ON IT. THEY DO!.
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