What kind of administrators
control ACSA? The Region
18 Chair Ed Brand (term
expires July 2009)
control ACSA? The Region
18 Chair Ed Brand (term
expires July 2009)
Should superintendents like
Ed Brand direct our SDCOE
lawyers?
He is on the San Diego
County School Legal
Services Council until 2008!
Ed Brand direct our SDCOE
lawyers?
He is on the San Diego
County School Legal
Services Council until 2008!
As demonstrated by the Mary
Anne Weegar case, and many
other cases handled by the
SDCOE JPA and legal services,
Ed Brand contributes to, and
helps enforce, SDCOE's culture
of dishonesty and secrecy.
Should superintendents like Ed
Brand be in a position over
SDCOE lawyers, when they are
the very individuals for whose
wrongdoing SDCOE must pay?
Isn't that putting the fox in
charge of the hen house?
The taxpayers have to keep
paying and paying, while Ed
Brand violates the law.
Ed Brand directs SDCOE
lawyers to assist him and other
school district leaders in illegal
actions!
Anne Weegar case, and many
other cases handled by the
SDCOE JPA and legal services,
Ed Brand contributes to, and
helps enforce, SDCOE's culture
of dishonesty and secrecy.
Should superintendents like Ed
Brand be in a position over
SDCOE lawyers, when they are
the very individuals for whose
wrongdoing SDCOE must pay?
Isn't that putting the fox in
charge of the hen house?
The taxpayers have to keep
paying and paying, while Ed
Brand violates the law.
Ed Brand directs SDCOE
lawyers to assist him and other
school district leaders in illegal
actions!
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Association of
California School
Administrators
(ACSA)
California School
Administrators
(ACSA)
National School Boards Association (NSBA)
Council of School Attorneys
Council of School Attorneys
Attorneys who have helped cover up crimes in schools are in charge of
training both new board members and new school attorneys.
training both new board members and new school attorneys.
California Council of School Attorneys CCSA/CSA Joint Annual Meeting
November 29, 2007
San Diego Marriott Hotel & Marina
Session for New Attorneys and for Those Who Can’t Remember: The Basics
of Personnel/ Student Discipline/ Client Relations
Mark Bresee, Counsel, Orange CDE
November 29, 2007
San Diego Marriott Hotel & Marina
Session for New Attorneys and for Those Who Can’t Remember: The Basics
of Personnel/ Student Discipline/ Client Relations
Mark Bresee, Counsel, Orange CDE
1) Mark Bresee
formerly of Parham/Rajcic--now works for Orange County Dept.
Education; as of July 2008 works for San Diego Unified School
District
formerly of Parham/Rajcic--now works for Orange County Dept.
Education; as of July 2008 works for San Diego Unified School
District
Who trains new school attorneys?
2) Dan Shinoff trains board members and
employees as well as attorneys
employees as well as attorneys
Special Education
One of Daniel Shinoff's
specialties is destroying the
lives of parents who
complain that their kids
aren't getting the right
education. He clearly
doesn't teach the teachers
to work with parents.
SP ED AFTER
REAUTHORIZATION
Title: GR K-12 SP EDUC
TCHRS
Date: 3/14/2005 8:00AM
Details: Daniel Shinoff and
Jack Sleeth will present
vital information to keep
you up-to-date with the
latest changes and best
practices in the
implementation of IDEA as
reauthorized...agenda topics
include legislative updates;
evaluations, eligibility
determinations & IEPs;
related services & assistive
technology; discipline;
behavioral intervention
procedures; confidentiality
of student records and most
common mistakes. $205;
Four Points Hotel by
Sheraton, San Diego;
sponsored by MEDS-PDN
One of Daniel Shinoff's
specialties is destroying the
lives of parents who
complain that their kids
aren't getting the right
education. He clearly
doesn't teach the teachers
to work with parents.
SP ED AFTER
REAUTHORIZATION
Title: GR K-12 SP EDUC
TCHRS
Date: 3/14/2005 8:00AM
Details: Daniel Shinoff and
Jack Sleeth will present
vital information to keep
you up-to-date with the
latest changes and best
practices in the
implementation of IDEA as
reauthorized...agenda topics
include legislative updates;
evaluations, eligibility
determinations & IEPs;
related services & assistive
technology; discipline;
behavioral intervention
procedures; confidentiality
of student records and most
common mistakes. $205;
Four Points Hotel by
Sheraton, San Diego;
sponsored by MEDS-PDN
Shinoff and Sleeth Present "The Forensics of Special Education Litigation"
Daniel R. Shinoff and Jack M. Sleeth presented at the 2008 Association of
California School Administrators Symposium on January 17, 2008 in
Monterey, California. The presentation addressed pre-litigation strategies
that educational institutions should consider implementing in order to
prevent a variety of civil rights claims, such as violations of the Hughes Act
or discrimination based on disability. Strategies include proper
documentation of all events that may trigger a civil rights claim, and
methods to ensure that negotiations which occur in the context of private
converstation (sic) are not damaging. The seminar also covered issues of
privileged communications, and the interplay of the litigation process in
special education beyond due process procedures.
For more information or to request a workshop, please contact us at
619-232-3122.
from Stutz website
Daniel R. Shinoff and Jack M. Sleeth presented at the 2008 Association of
California School Administrators Symposium on January 17, 2008 in
Monterey, California. The presentation addressed pre-litigation strategies
that educational institutions should consider implementing in order to
prevent a variety of civil rights claims, such as violations of the Hughes Act
or discrimination based on disability. Strategies include proper
documentation of all events that may trigger a civil rights claim, and
methods to ensure that negotiations which occur in the context of private
converstation (sic) are not damaging. The seminar also covered issues of
privileged communications, and the interplay of the litigation process in
special education beyond due process procedures.
For more information or to request a workshop, please contact us at
619-232-3122.
from Stutz website
Training new attorneys
Fagen, Friedman &
Fulfrost
San Marcos office
Melanie A. Petersen...
served fifteen years as in-
house counsel for San
Diego Unified School
District...
Ms. Petersen is the chair of
the firm’s Charter School
Practice Group...[She] is a
frequent presenter at ACSA,
CSBA, NSBA and several
other professional
organizations. She is the
2008-09 President of the
California Council of
School Attorneys.
From FFF website
downloaded 09/01/08
Fulfrost
San Marcos office
Melanie A. Petersen...
served fifteen years as in-
house counsel for San
Diego Unified School
District...
Ms. Petersen is the chair of
the firm’s Charter School
Practice Group...[She] is a
frequent presenter at ACSA,
CSBA, NSBA and several
other professional
organizations. She is the
2008-09 President of the
California Council of
School Attorneys.
From FFF website
downloaded 09/01/08
From the Lozano
Smith website:
"... Our attorneys are
routinely asked to speak
at all of the major
Association of California
School Administrators
(ACSA) labor and
employment conferences,
School Employees
Association (SEA),
California Council of
School Attorneys (CCSA),
the National School
Boards Association
(NSBA), and the California
School Boards
Association (CSBA) as
labor and employment
experts..."
downloaded 09/01/08
Smith website:
"... Our attorneys are
routinely asked to speak
at all of the major
Association of California
School Administrators
(ACSA) labor and
employment conferences,
School Employees
Association (SEA),
California Council of
School Attorneys (CCSA),
the National School
Boards Association
(NSBA), and the California
School Boards
Association (CSBA) as
labor and employment
experts..."
downloaded 09/01/08
From the Stutz
Artiano Shinoff &
Holtz website:
"...Our attorneys are frequent
speakers at local and national
education conferences and
seminars on advisory, special
education and litigation
topics. We develop and
conduct workshops on legal
issues of importance to our
clients in an effort to keep
them current on important
changes in the laws that
affect them. We are also
active members and
participants in many school
related professional
organizations including the
Association of California
School Administrators
(ACSA), California School
Boards Association
(CSBA), the California
Association of School
Business Officials
(CASBO), the
California
Council of
School Attorneys
for which one of
our attorneys
was a founding
member, the National
School Boards Association
(NSBA)
downloaded 09/01/08
http://www.stutzartiano.com/practic
es/practice.php?p
ractice_id=000003
Artiano Shinoff &
Holtz website:
"...Our attorneys are frequent
speakers at local and national
education conferences and
seminars on advisory, special
education and litigation
topics. We develop and
conduct workshops on legal
issues of importance to our
clients in an effort to keep
them current on important
changes in the laws that
affect them. We are also
active members and
participants in many school
related professional
organizations including the
Association of California
School Administrators
(ACSA), California School
Boards Association
(CSBA), the California
Association of School
Business Officials
(CASBO), the
California
Council of
School Attorneys
for which one of
our attorneys
was a founding
member, the National
School Boards Association
(NSBA)
downloaded 09/01/08
http://www.stutzartiano.com/practic
es/practice.php?p
ractice_id=000003
Teachers must sue for their right to due process [since school attorneys
don't obey the law].
Peter Wright of Wrightslaw November 9, 2004
Pamella Settlegoode's contract was not renewed in 2000 after she repeatedly
complained about services available to students. She filed suit, contending that the
district violated the Disabilities Act of 1978, her First Amendment rights to free speech
and the Oregon Whistleblower Act.
A jury deliberated nine hours before awarding her $1 million in 2001. A
federal magistrate set aside the verdict, but the 9th U.S. Circuit Court of
Appeals restored the judgment earlier this year.
Settlegoode started teaching in the district in the 1998-1999 school year after earning a
doctorate in education from the University of Oregon. She was hired to work with
disabled high school students in physical education. Settlegoode developed her own
curriculum and had students taking part in track, tennis, hiking and self-defense classes.
She complained that some of the equipment was missing or unsafe, and it was tough to
find locations to teach her students.
don't obey the law].
Peter Wright of Wrightslaw November 9, 2004
Pamella Settlegoode's contract was not renewed in 2000 after she repeatedly
complained about services available to students. She filed suit, contending that the
district violated the Disabilities Act of 1978, her First Amendment rights to free speech
and the Oregon Whistleblower Act.
A jury deliberated nine hours before awarding her $1 million in 2001. A
federal magistrate set aside the verdict, but the 9th U.S. Circuit Court of
Appeals restored the judgment earlier this year.
Settlegoode started teaching in the district in the 1998-1999 school year after earning a
doctorate in education from the University of Oregon. She was hired to work with
disabled high school students in physical education. Settlegoode developed her own
curriculum and had students taking part in track, tennis, hiking and self-defense classes.
She complained that some of the equipment was missing or unsafe, and it was tough to
find locations to teach her students.
High court maintains $1 million verdict
against Portland schools
Pamela Settlegood
against Portland schools
Pamela Settlegood
The Millgram experiments
proved that 65% of
ordinary Americans will
follow the directions of a
man in a white coat who
tells them to continue
giving shocks to someone
who gave the wrong
answer on a memory test!
Most people will not stop
even when the victims
pound on the wall and
complain about a heart
condition--if the authority
figure directs them to
continue.
In the experiments, as
wrong answers were given,
the voltage went up and
up--to the highest voltage
available.
Jason Bellows says, "One
might hope that we've
evolved to the point that
we can question authority–
where we can look our
leaders in the face and ask
why."
In San Diego, the SDCOE
JPA contributes to a culture
where teachers follow
orders without asking why.
What happens to the 45%
of people who refuse to
continue the experiment?
What happens to whistle-
blowers?
Usually, they get fired, as
happened to Coach Carter
in Escondido, Maura Larkins
in Chula Vista, Mary Anne
Weegar in Sweetwater, etc.
proved that 65% of
ordinary Americans will
follow the directions of a
man in a white coat who
tells them to continue
giving shocks to someone
who gave the wrong
answer on a memory test!
Most people will not stop
even when the victims
pound on the wall and
complain about a heart
condition--if the authority
figure directs them to
continue.
In the experiments, as
wrong answers were given,
the voltage went up and
up--to the highest voltage
available.
Jason Bellows says, "One
might hope that we've
evolved to the point that
we can question authority–
where we can look our
leaders in the face and ask
why."
In San Diego, the SDCOE
JPA contributes to a culture
where teachers follow
orders without asking why.
What happens to the 45%
of people who refuse to
continue the experiment?
What happens to whistle-
blowers?
Usually, they get fired, as
happened to Coach Carter
in Escondido, Maura Larkins
in Chula Vista, Mary Anne
Weegar in Sweetwater, etc.
Yes--more often
than you'd think.
Here's why:
than you'd think.
Here's why:
Will school
employees
intimidate
witnesses and lie
under oath if a
lawyer tells them
to do so?
employees
intimidate
witnesses and lie
under oath if a
lawyer tells them
to do so?
Federal Judge Approves Record $6.7 Million
Settlement in Porter v. Manhattan Beach Unified
School District, et. al.
Settlement in Porter v. Manhattan Beach Unified
School District, et. al.
State Allowed District to Flout Authority
In his December 2004 decision, Judge Feess stated, “it seems that the
District has endeavored to use the power it has over [the student’s]
education as a means of retaliating against the Porters for their criticisms
of, and challenges to, the District.”
Judge Feess also took the California Department of
Education to task for its failure to exercise appropriate
oversight over the District: “...although it is true that the District
repeatedly flouted the State’s authority by failing to comply with two state
agency orders, it was only successful in doing so because of the CDE ’s
inattention.”
As interim relief, in a separate order entered on November 23, 2004, Judge
Feess transferred control over the student’s education from the Manhattan
Beach USD and the CDE to a Special Master, Ivor Weiner, Ph.D. Under the
settlement agreement, Manhattan Beach USD (in Los Angeles County) and
the CDE have been ordered to set aside approximately $1.1 million to pay
for the education of the student at the direction of the Special Master.
In his December 2004 decision, Judge Feess stated, “it seems that the
District has endeavored to use the power it has over [the student’s]
education as a means of retaliating against the Porters for their criticisms
of, and challenges to, the District.”
Judge Feess also took the California Department of
Education to task for its failure to exercise appropriate
oversight over the District: “...although it is true that the District
repeatedly flouted the State’s authority by failing to comply with two state
agency orders, it was only successful in doing so because of the CDE ’s
inattention.”
As interim relief, in a separate order entered on November 23, 2004, Judge
Feess transferred control over the student’s education from the Manhattan
Beach USD and the CDE to a Special Master, Ivor Weiner, Ph.D. Under the
settlement agreement, Manhattan Beach USD (in Los Angeles County) and
the CDE have been ordered to set aside approximately $1.1 million to pay
for the education of the student at the direction of the Special Master.
School District Used Power to Retaliate
Against Parents
Against Parents
Arthur M. Palkowitz...has
appeared as speaker at
State Controller conference,
California Association
School Business (CASBO)
annual conventions and San
Diego County of Education
lecture series.
Stutz law firm website
downloaded April 14, 2010
appeared as speaker at
State Controller conference,
California Association
School Business (CASBO)
annual conventions and San
Diego County of Education
lecture series.
Stutz law firm website
downloaded April 14, 2010
| San Diego Education Report |
National School Boards Association asks federal judges to block
employee free speech: appeal of Johnson v. Poway USD
See also Poway Unified School District in Education Reform Report
Lawyers from the National Council of School Attorneys seem to have talked the
School Boards Association into fighting the First Amendment. These lawyers have
a tendency to badmouth students and employees who sue schools that caused
harm to them, but it's the school lawyers that are the premier practitioners of
lawsuit abuse.
School boards ask federal judges to block employee free speech
July 30, 2010
Corey G. Johnson
California WatchBlog
School boards are trying to reverse a federal court ruling banning administrators from
controlling the free-speech rights of teachers and other school employees.
According to a brief filed yesterday in 9th U.S. Circuit Court of Appeals, the National School
Boards Association (NSBA) and the California School Boards Association (CSBA) argue that
public K to 12 schools need discretion to regulate their employees’ expressions in the
workplace.
“Public-school officials need authority over what teachers say and do in the classroom,” said
NSBA Executive Director Anne L. Bryant in a press release. “Nearly every teacher posts artwork
and other materials on their walls, and schools have a responsibility to ensure those materials
are appropriate for students.”
The case stems from an incident in Poway Unified School District. According to published
reports, Principal Dawn Kastner of Westview High School asked teacher Bradley Johnson to
remove banners he posted around his classroom with the phrases: "In God we trust," "One
nation under God," "God bless America," "God shed his grace on thee" and "All men are
created equal, they are endowed by their creator."
Johnson claims the school violated his First Amendment free-speech rights and contradicted
an internal policy that allowed teachers to display messages and items in their classrooms
“that reflect the individual teacher’s personality, opinions and values, as well as messages
relating to matters of political, social and religious concerns, so long as these displays do not
materially disrupt school work or cause substantial disorder or interference in the classroom.”
In February, a federal judge agreed with Johnson, saying the district had practiced viewpoint
discrimination...
employee free speech: appeal of Johnson v. Poway USD
See also Poway Unified School District in Education Reform Report
Lawyers from the National Council of School Attorneys seem to have talked the
School Boards Association into fighting the First Amendment. These lawyers have
a tendency to badmouth students and employees who sue schools that caused
harm to them, but it's the school lawyers that are the premier practitioners of
lawsuit abuse.
School boards ask federal judges to block employee free speech
July 30, 2010
Corey G. Johnson
California WatchBlog
School boards are trying to reverse a federal court ruling banning administrators from
controlling the free-speech rights of teachers and other school employees.
According to a brief filed yesterday in 9th U.S. Circuit Court of Appeals, the National School
Boards Association (NSBA) and the California School Boards Association (CSBA) argue that
public K to 12 schools need discretion to regulate their employees’ expressions in the
workplace.
“Public-school officials need authority over what teachers say and do in the classroom,” said
NSBA Executive Director Anne L. Bryant in a press release. “Nearly every teacher posts artwork
and other materials on their walls, and schools have a responsibility to ensure those materials
are appropriate for students.”
The case stems from an incident in Poway Unified School District. According to published
reports, Principal Dawn Kastner of Westview High School asked teacher Bradley Johnson to
remove banners he posted around his classroom with the phrases: "In God we trust," "One
nation under God," "God bless America," "God shed his grace on thee" and "All men are
created equal, they are endowed by their creator."
Johnson claims the school violated his First Amendment free-speech rights and contradicted
an internal policy that allowed teachers to display messages and items in their classrooms
“that reflect the individual teacher’s personality, opinions and values, as well as messages
relating to matters of political, social and religious concerns, so long as these displays do not
materially disrupt school work or cause substantial disorder or interference in the classroom.”
In February, a federal judge agreed with Johnson, saying the district had practiced viewpoint
discrimination...