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Saturday, October 29, 2016

Code Blue And Rushell White's Almost Fatal Mistake

Assistant Principal James Randall had an emergency event happen to him on Friday morning October 14, 2016 at around 9:00AM while at his school, MS 226. That much we know:

MS 226 Rushell White is the Worst Principal in New York City and a Liability For the NYC Department of Education


We also know that a teacher in the room at the time called 911 when Mr. Randall fell to the floor, unconscious, and we know that MS 226 Principal Rushell White did not call a CODE BLUE on Randall. This is her almost fatal mistake in the matter concerning Jim Randall, but we are all hoping that she gets fired for this. There has been too many errors of judgment.

Rushell White went with AP Randall in the ambulance to the hospital. Ruben Wills visited the hospital soon after, and several times after that. Did Rushell White send him to find out the damages? No one knows why he was there.

APs Michelle Cohen, Juliet Adams, David Possner, Principal Rushell White,
APs Jennifer Shirley-Brown and James Randall
Sign the petition
Petition calls for principal’s removal
Rushell White allegedly failed to follow protocol during health crisis
Rushell White, principal of JHS 226 in South Ozone Park, is no stranger to controversy but her latest troubles have sparked calls for her removal.



An online petition with a little more than 100 signatures calls for White to be fired after she allegedly failed to follow proper protocol as one of her teachers suffered a massive heart attack.
“Ms. White’s negligence nearly killed this man and for that, she needs to be removed as Principal of 226,” the petition reads.
A secretary at the school, located at 121-10 Rockaway Blvd., said White did not wish to provide a comment for this story.
According to a source close to the school, teacher James Randall suffered a heart attack while on the job.
The source alleges the principal, despite knowing of the Randall’s condition, did not call for a Code Blue or alert an employee trained in CPR for 10 minutes, during which time the teacher went without oxygen.
The source said Randall is at Jamaica Hospital Medical Center in critical condition.
The petition alleges that the teacher and White were “at odds about the direction the school was taking,” but did not specify what the two were clashing over.
Those who have signed onto the petition blasted White for not helping Randall.
“Forget about merely being fired ... this person should be brought up on criminal charges,” a signee named Brian Roberts wrote.
“As a former staff member at MS 226 I am horrified that this has happened to someone I respected and worked with for 17 years,” Susan Sgambati wrote. “There is No Excuse for not calling a Code Blue. To say that the atmosphere in that building is frightening is an understatement. Prayers for James Randall.”
The Department of Education and the United Federation of Teachers did not respond to requests for comment on the petition at press time.
White has been under fire many times before, including earlier this year for having students paint her as a Hindu goddess.
The mural was removed after Hindu activists ordered Mayor de Blasio and Schools Chancellor Carmen FariƱa to apologize for the insensitive painting.
The mural was also the subject of controversy as it seemed to depict Assistant Principal David Possner as the “bad boy in the corner.”
Possner has been at odds with the school’s administration, having revealed many of the alleged problems within the building including cheating on state tests, led by White, and cover-ups.
White gave Possner an unsatisfactory rating for the 2014-15 school year, shortly after he began to reveal the alleged problems at the school.
Possner sued the DOE to have the rating vacated and a court sided with him on Sept. 1, saying it lacked “rational basis” and that proper procedure was not followed in giving it to the assistant principal.
White is also accused of covering up verbal and physical abuse committed by her administrators.

re-posted from Parentadvocates.org:

CODE BLUE and NYC Principal Rushell White's Almost Fatal Mistake 


Rushell White
by Betsy Combier, Editor, Parentadvocates.org
October 28, 2016

From Editor Betsy Combier:

All New York City public schools must have defibrillators and an employee trained to use this equipment in an emergency, since 2002. On October 14, 2016, at Queens middle school MS 226, Assistant Principal James Randall fell to the floor, unconscious, in his office. A teacher in the office immediately called 911 and the main office. Principal Rushell White, who we have called the worst principal in New York City because of her harassment and abusive actions toward AP David Possner and others, did not call a CODE BLUE to get help to Mr. Randall. The MS 226 defibrillator is on the 1st floor, behind the security desk. However, no one at MS 226, ran to Randall with a defibrillator so that he would not be without oxygen reaching his brain for any length of time. The damage Randall suffered by Rushell White's neglect is unknown at this time.

David Possner

Randall was revived by the EMTs, but remains in Jamaica hospital in the Intensive Care Unit. But clearly, by her neglect and/or incompetence, Rushell White is a liability to the New York City Department of Education and must be fired. Unfortunately and shockingly, Ernest Logan, the President of the CSA, appointed Rushell White to the CSA Executive Board in the spring of 2016. Why, no one knows, but he will put his political power behind his decision or he will look like a fool. Ernest Logan should resign as CSA President if he does not charge White with 3020-a.

Asked by reporters why she did not call a CODE BLUE, Rushell White's answer was that she was not in the school at the time. But my sources say that many people saw her in the main office at 9:00AM. Indeed, at around 8:25 AM, the loud speaker at the school announced that there was a car erroneously parked in the parking lot of the school in Rushell White's spot, and this car must be moved. So we know the loud speakers worked.


Why didn't Ms White issue CODE BLUE? Did she not know the law, or deliberately ignored it? Did she ignore the law because she did not know who was trained to use the defibrillator, or did she not give the training at MS 226?


Her negligence is still a mystery, but in my opinion, her dislike for her staff and her students is clouding her professional judgment. The mural that she commissioned from Rush Philanthropic is an example.

Shockingly, the mural was approved by her, and pictures of her with six arms enraged Hindu leaders. AP David Possner is in the far right corner:

MS 226 mural commisioned by Rushell White
The New York City Department of Education has a history of not complying with laws and rules, including the State Law to have a working defibrillator in every school:


State Laws on Cardiac Arrest and Defibrillators 

Public Access Defibrillation

AUTOMATED EXTERNAL DEFIBRILLATOR (AED) PROGRAM CHECKLIST, 

POLICIES AND PROCEDURES

New York State AED Law

AUTOMATED EXTERNAL DEFIBRILLATORS (AEDS) IN SCHOOLS

New York Education Law Section 917

Automated External Defibrillators (AEDs)

AED/CPR Program

Most NYC Schools Still Have No Defibrillators (2003)

"Most NYC Schools Still Without Defibrillators
By Art McFarland
(New York-WABC, January 7, 2004) -

They are required by law, yet many schools in New York City are still not equipped with life-saving defibrillators. The devices were to be placed in schools a year ago, but Eyewitness News has learned the majority of schools has yet to comply.

There are several school-based defibrillators at Stuyvesant High School, which was among the first of 275 city high schools now equipped with the devices.

Martha Singer, Assistant Principal: "I think it's very important to have any new technology available to save lives."

But nearly 1,000 city schools are not yet equipped with the life-saving devices, in spite of a state law, passed a year and a half ago, requiring all schools to have them.

Rachel Moyer, Defibrillator Advocate: "How many kids have to die before you realize that there's a law that says that you're supposed to have a defibrillator in all public schools?"

Rachel Moyer became an advocate for the devices, after her own son died at an upstate school with no defibrillator.

Rachel Moyer: "Well I sent my child off to basketball game, and he was a healthy kid. And he died."

The city Department of Education has purchased more defibrillators, but they are in storage at a warehouse in Queens. There are said to be hundreds of defibrillators inside, many of which have been storage for months.

James Oddo, (R) NYC City Council: "It borders on negligent that 18 months after the state has passed a law, we still have the Department of Education not complying with that law."

The Department of Education says the seven hours of training required for the machines have stalled their being deployed to all schools; and that there is no designated state funds for that training. And the Department of Education says it expects every school to have one by the end of this school year."

In 2005, I published an article on this website about a boy who lost his life because there was no defibrillator at his school:

Mom Sues NYC DOE For the Death of Her Son While At School; There was No Defibrillator

I also wrote about how in 2003 Deputy Chancellor Anthony Shorris testified at New York City Council against buying defibrillators for every school, saying he did not see any need to spend the money:

New York City's Political Mess: Hide the Skeletons, Deny, Deny, Deny...This is How it Works

NYC Mayor Bill de Blasio has a cloudy record as far as money and transparency is concerned, and so did Mayor Bloomberg.

Rushell White, at right
There are City-wide Cut-backs for Education, But Raises for Mayor Bloomberg's Pals and Deputy Mayors



(I own the trademark of the "A For Accountability", above)

Of course we all know that politics is Silencing Opposition: Education Policy Implementation Becomes a Matter of National Security

We attended NYC Deputy Chancellor Anthony Shorris' presentation to the NY City Council on the expense of defibrillators. He told the audience that despite the law mandating that each and every public school be equipped with these life-saving devices, he had nixed this idea because there was no money. A story on his astounding approach - he was indeed at the same time making a double salary in violation of the Conflicts of Interest Board rules and our own Chancellor Joel Klein knew this - is here:

DOUBLE-DIPPER KLEIN AIDE OUT Moonlighting school deputy quits

BY Alison Gendar, NEW YORK DAILY NEWS, Saturday, July 26, 2003, 12:00 AM

Double-dipping Deputy Schools Chancellor Anthony Shorris has decided to pack it in - a week after the Daily News exposed his moonlighting at a second, high-paying job on school time. Shorris resigned his $168,700-a-year job as one of Chancellor Joel Klein's three deputies effective Aug. 31 to take a job as a visiting professor at Princeton University. His resignation came after The News revealed Shorris had been working Thursday mornings as a $60,000- to $100,000-a-year consultant for Local 1199, and splashed his photo on the front page. Shorris moonlighted with Klein's approval, as well as nods from Klein's predecessor and the city's Conflicts of Interest Board. Public reaction, however, was less forgiving. "Who needs this s---?

" Shorris said to a colleague when he told him of his pending departure. Klein's staff said yesterday the move had been planned and Shorris was not forced out. "He has served the Department (of Education) and the children of New York City with great distinction, and he will be sorely missed," Klein said. Shorris, who started at the then-Board of Education in 2001, had taken the deputy chancellor post with the understanding that he would help the new administration get its plans off the ground, Klein's staff said. Shorris has had numerous run-ins with Klein on a number of key issues, staffers said, from how to implement President Bush's No Child Left Behind Act to the reorganization of the bureaucracy, which was led by an outside consultant. The chancellor's tepid support of Shorris when the double-dipping story broke was the final indignity, sources said. The deputy acknowledged that he had been doing several hours of consulting work on Thursdays for the union's nonprofit health care fund. Former Chancellor Harold Levy, who approved the unusual arrangement, said Shorris put in long hours, nights and weekends for the system, and so a few hours one morning a week were never missed. Shorris is taking a job at Princeton's Woodrow Wilson School of Public and International Affairs - the same one he turned down a year ago to be part of Klein's inner circle. Klein's $168,700-a-year chief of staff, LaVerne Srinivasan, will take Shorris' job as one of the chancellor's three deputies. Tweed insiders questioned whether the chief of staff had the experience needed to pick up where Shorris, a career public servant and holdover from the previous administration, left off. The chancellor, however, said Srinivasan, a lawyer and former music executive, was "without question one of the most talented managers I have worked with in the public and private sectors."

See here as well:
Panel Investigates Deaths of 3 Students
by Tom Kertes, Education Update, March 3, 2003


I believe that a newspaper showed Mr. Shorris getting out of a publicly-funded chauffeur-driven limousine around the same time as he refused to pay for the AEDs. He evidently took his son to a private school on the Upper East Side of Manhattan, on the public dime.

Mr. Shorris was the first Deputy Mayor appointed by the de Blasio administration after Bill de Blasio was elected Mayor. Go figure that one out. Shorris met his wife, Maria Laurino, when they were both working for David Dinkins, who was Mayor of New York City 1990-1993. NYC Mayor Bill de Blasio met his wife Chirlane McCray also while working for David Dinkins.

In sum, MS 226 staff and students are in danger. Principal Rushell White is so consumed with excuses for her bully behavior and getting money from scoundrel Ruben Wills that the health, safety and well-being of the employees and students in her school are far from her mind.

But I would like to congratulate AP David Possner, who, because of his bravery and strength, has brought all of the information about Rushell White to the media and has withstood the most degrading retaliation of Rushell White (a mural? Called a "bad jew"?)

On Friday October 28, 2016, David sent me the following:

"Ms. White was in the school library with AP Shirley and the science coach, Ms. Bucknor. Earlier in the morning a repairmen, Miguel, from Dell computers came to fix some computer keyboards that were broken. When he was finished, I asked if him I could show him some broken keyboards in the computer lab in the back of the library. Ms. White then walked into the computer lab and asked what I was doing. I explained that the Dell repairman was here to fix keyboards, and I wanted him to look at the keyboards in the computer lab to fix them. She directed me to leave. As I was leaving, I was holding the Dell repairman's receipts that he needed me to sign. Ms. White then walked to the other side of the library, and called me over and stated that "she needed a favor". She stated: "Never come near me. Never be in my presence. When you see me, leave the room. When you see me coming, walk in the other direction."

Great walls of China! Rushell White is making it impossible for David to do his job, which necessitates communicating with her, but if he does, he could get charged with insubordination. This Catch 22 must be addressed by CSA. What say you, Ernest Logan?

Rushell will not be able to charge David with incompetency, because David's Attorney Roger Adler, with whom I work on David's case, just won the New York State Supreme Court Article 78 and we overturned the U rating David received from Rushell in 2014-2015. So Rushell White is going to have to make up some kind of misconduct in order to get him charged and removed from her payroll.

Stay tuned for Principal White's next act of retaliation. People consumed by hate and anger never think rationally.

Betsy Combier
President, Advocatz and The E-Accountability Foundation
Editor, Parentadvocates.org
Editor, NYC Rubber Room Reporter
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials

Tuesday, October 25, 2016

Retired Teacher Michael Thomas Wins His Lawsuit to Make School Leadership Teams Open To The Public

School Leadership Teams are now open to the public! Call the nearest school to you, and go to the next meeting!!!!

Congratulations Michael Thomas! Your win helps all of us.

Betsy Combier
 betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials


Matter of Thomas v New York City Dept. of Educ.
2016 NY Slip Op 06989
Decided on October 25, 2016
Appellate Division, First Department
Kapnick, J., J.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 25, 2016 SUPREME COURT, APPELLATE DIVISION First Judicial Department 
John W. Sweeny, Jr., J.P. 
Dianne T. Renwick 
Sallie Manzanet-Daniels 
Barbara R. Kapnick,JJ.

100538/14 203 

[*1]In re Michael P. Thomas, Petitioner-Respondent, Letitia James, etc., et al., Petitioners-Intervenors-Respondents, 
v
New York City Department of Education, et al., Respondents-Appellants. The Council of School Supervisors and Administrators, Amicus Curiae.

Respondents appeal from the order and judgment (one paper) of the Supreme Court, New York County (Peter H. Moulton, J.), entered April 23, 2015, which granted the petition seeking, inter alia, a determination that respondents violated the Open Meetings Law by denying the general public (petitioner) access to meetings of a New York City public schools School Leadership Team.
Zachary W. Carter, Corporation Counsel, New York (Jane L. Gordon, Cecelia Chang and Richard Dearing of counsel), for appellants.
Michael P. Thomas, respondent pro se.
New York Lawyers for the Public Interest, New York (Mark Ladov of counsel) and Advocates for Justice, New York (Laura D. [*2]Barbieri of counsel), for Letitia James and Class Size Matters, respondents.
David N. Grandwetter and Marvin Pope, New York, for the Council of School Supervisors and Administrators, amicus curiae.

KAPNICK, J.
In this article 78 proceeding, petitioner sought, inter alia, a declaration that School Leadership Teams (SLTs) at New York City public schools are “public bodies” whose meetings must be open to the general public pursuant to the Open Meetings Law.[FN1]

Background

The Education Law requires each New York City public school to have a “school-based management team” (SBMT) (Education Law §§ 2590-h[15][b], [b-1]). By regulation, respondent New York City Department of Education (DOE) has implemented this mandate through the establishment of SLTs in every school (see Mulgrew v Board of Educ. of City Sch. Dist. of City of N.Y., 75 AD3d 412, 413 [1st Dept 2010]; NYC Chancellor’s Regulations [CR] A-655). SLTs have between 10 and 17 members, made up of school parents, teachers, staff, and administrators, and may also include “representatives of Community Based Organizations” (CR A-655 §§ III[A],[B],[C][2]). The school principal, president of the parent association, and chapter leader of the teachers’ union must be members. At least two student members are also required for each high school (id. at [C][2]). SLTs must meet at least once a month “at a time that is convenient for the parent representatives” (Education Law § 2590-h[15][b-1][ii]). Notice of this meeting must be provided in a manner “consistent with the open meetings law” (Education Law § 2590-h[15][b-1][iii]).

The SLT helps formulate “school-based educational policies” and ensure that “resources are aligned to implement those policies” (CR A-655 § I; see Education Law § 2590-h[15][b-1][i]). The SLT’s primary responsibility is to develop the school’s annual comprehensive education plan (CEP), which sets the school’s needs, goals, and instructional strategies (see Education Law § 2590-h[15][b-1][i]; CR A-655 § II). In this regard, the SLT “must use consensus based decision-making and must seek assistance” from the “District Leadership Team” or the district superintendent “if it is unable to reach consensus on the CEP” (CR A-655 § II[A][4]). If the SLT is “still not able to reach consensus,” then the superintendent “shall make the determination on developing the CEP” (id.).

SLTs also “consult on the school-based budget pursuant to” Education Law § 2590-r. That section, in turn, provides for “the principal to propose a school-based budget, after consulting with members of the” SLT (Education Law § 2590-r[b][i]). Consistent with these statutory provisions, DOE regulations make clear that the principal “is responsible for” and “makes the final determination concerning the school-based budget,” albeit only after “consult[ing] with the SLT during this development process so that the budget will be aligned with the CEP” (CR A-655 § II[A][2]).
Petitioner is a retired DOE mathematics teacher. On March 17, 2014, petitioner asked the Chair (Victoria Trombetta) and three mandatory members (Linda Hill, Principal; Laura Cavalerri, [*3]PTA President; and Francesco Portelos, UFT Chapter Leader) of the SLT for IS 49, a Staten Island middle school, for permission to attend the SLT’s next meeting. By email dated March 18, 2014, Trombetta invited petitioner to attend the SLT’s April 1 meeting.
On March 19, 2014, Trombetta rescinded the invitation. Trombetta explained that she had “reviewed the SLT Bylaws” and “realized” that “only” “school community members” are “permitted to attend” SLT meetings. Since petitioner was “not a member of the school community,” he could not attend a meeting. Petitioner agreed with Trombetta that the SLT’s “bylaws are consistent with DOE policy,” but explained that he wanted to “challenge that policy in court” and needed to be “denied entrance onsite” in order to “have standing.'” Petitioner informed Trombetta that he would attempt to gain entrance to the meeting. On April 1, 2014, petitioner presented himself to security at IS 49’s front entrance, and was denied admittance to the SLT meeting.
Thereafter, petitioner commenced this article 78 proceeding by notice and petition verified May 17, 2014. Petitioner contended that the SLT was a “public body,” such that its refusal to permit him to attend the meeting violated the Open Meetings Law. DOE served an answer verified August 19, 2014, denying the petition’s material allegations and asserting affirmative defenses. Petitioner served a reply verified August 26, 2014, responding to the answer.[FN2]

Supreme Court granted the petition and found that “SLT meetings entail a public body performing governmental functions,” and are thus “subject to the Open Meetings Law.” Relying on Matter of Perez v City Univ. of N.Y. (5 NY3d 522 [2005]) and Matter of Smith v City Univ. of N.Y. (92 NY2d 707 [1999]), the court reasoned:
“First, SLTs are established pursuant to the Education Law, which gives them a role in school governance. DOE’s own by-laws specify that SLTs are part of the governance structure’ of New York City’s Schools. The public’s interest in SLT meetings is demonstrated by the fact that announcement of such meetings must be made in accordance with the Open Meetings Law.
“Second, . . . SLTs play a crucial iterative role in developing CEPs and ensuring that CEPs are aligned with the school’s budget. A principal must consult with her school’s SLT in developing a CEP. If the principal and her SLT cannot agree on the contours of the annual CEP, then the District Superintendent may resolve the difference. However, the SLT must have input into the CEP’s development. In December 2007 the DOE issued a prior version of Regulation A-655 which gave principals in New York City final decision making authority over the CEP. The State Education Commissioner ruled that the regulation was in derogation of Education Law § 2590-h(15)(b-1), because it stripped the SLTs of [*4]their basic, statutorily mandated authority to develop the CEP.’
“The CEP is an important blueprint at each school. It describes annual goals concerning student achievement, teacher training, parent involvement, and compliance with federal law including Title I. The CEP also includes action plans’ to achieve those goals. . . . [T]he role of an SLT in formulating its school’s CEP is one of decision maker. In fulfilling this role the SLT acts in conjunction with, and not subordinate to, the school’s principal. If it is fulfilling its statutory role, a school’s SLT is not a mere advisor to the principal. SLTs are also stakeholders and participants in school closings. These SLT activities touch on the core functions of a public school. The proper functioning of public schools is a public concern, not a private concern limited to the families who attend a given public school” (citations and footnotes omitted).
Accordingly, the court held that DOE’s “failure to open School Leadership Team Meetings to the general public pursuant to the Open Meetings Law is arbitrary and capricious and contrary to law.”[FN3]

Promulgated in 1976 following the Watergate scandal, the Open Meetings Law “was intended — as its very name suggests — to open the decision-making process of elected officials to the public while at the same time protecting the ability of the government to carry out its responsibilities,” and its provisions are “to be liberally construed in accordance with the statute’s purposes” (Matter of Gordon v Village of Monticello, 87 NY2d 124, 126-127 [1995]). In enacting the law, “the Legislature sought to ensure that public business be performed in an open and public manner and that the citizens of this state be fully aware of and able to observe the performance of public officials and attend and listen to the deliberations and decisions that go into the making of public policy'” (Matter of Perez v City Univ. of N.Y., 5 NY3d at 528; Public Officers Law § 100).

The Open Meetings Law provides generally that “[e]very meeting of a public body shall be open to the general public” (Public Officers Law § 103 [a]). The statute defines “public body” as “any entity, for which a quorum is required in order to conduct public business and which consists of two or more members, performing a governmental function for the state or for an agency or department thereof” (Public Officers Law § 102[2]). A “meeting” is “the official convening of a public body for the purpose of conducting public business” (Public Officers Law § 102[1]).
Whether an entity is a public body turns on various criteria, including “the authority under which the entity was created, the power distribution or sharing model under which it exists, the nature of its role, the power it possesses and under which it purports to act, and a realistic appraisal of its functional relationship to affected parties and constituencies” (Matter of Smith v City Univ. of N.Y., 92 NY2d at 713).

The “mere giving of advice, even about governmental matters, is not itself a governmental function” (Goodson Todman Enters. v Town Bd. of Milan, 151 AD2d 642, 643 [2d Dept 1989], lv denied 74 NY2d 614 [1989]). It has thus been held that an entity which is “advisory in nature” and “d[oes] not perform governmental functions” will not be deemed to be a “public body” for purposes of the Open Meetings Law (Matter of Jae v Board of Educ. of Pelham Union Free School Dist., 22 AD3d 581, 584 [2d Dept 2005], lv denied 6 NY3d 714 [2006]; see also Smith, 92 NY2d at 714 [“It may be that an entity exercising only an advisory function would not qualify as a public body within the purview of the Open Meetings Law”]). By contrast, “a formally chartered entity with officially delegated duties and organizational attributes of a substantive nature . . . should be deemed a public body that is performing a governmental function” (Smith, 92 NY2d at 714).

If a court “determines that a public body failed to comply with [the Open Meetings Law], the court shall have the power, in its discretion, upon good cause shown, to declare that the public body violated [the Open Meetings Law] and/or declare the action taken . . . void” (Public Officers Law § 107[1]).
DOE argues that the SLTs do not perform “governmental functions” characteristic of public bodies under the Open Meetings Law, but rather merely “serve a collaborative, advisory function.” Amicus curiae Council of School Supervisors and Administrators supports DOE’s arguments and emphasizes that opening SLT meetings to the public would frustrate SLTs’ collaborative goals by permitting outsiders to “attend for their own personal agendas or satisfaction in open or veiled dissonance from” the SLT’s purpose.
Petitioner, along with intervenors Letitia James and Class Size Matters, argue that the trial court properly analyzed the question of whether SLTs are public bodies because they were created under the authority of state law as a mandatory and necessary part of the governing structure of the New York City public school system.
As the IAS court properly found, under the factors set forth in Smith and Perez, SLTs qualify as a public body performing governmental functions, and, therefore, are subject to the Open Meetings Law.

It cannot be disputed that SLTs are established pursuant to state law and are a part of DOE’s “governance structure.” It also cannot be disputed that SLTs have decision making authority to set educational and academic goals for a school through the CEP. The notion that SLTs merely serve an advisory role is not supported by the regulatory history. As the IAS court pointed out in its decision, in December 2007, the DOE issued a prior version of Regulation A-655 in an effort to give principals the final decision making authority over CEPs. However, the revised regulation was overruled by the State Education Commissioner because it violated the Education Law’s mandate that SLTs have a “basic, statutorily mandated authority” to develop the CEP.
Although principals do have the final approval over a school’s budget, principals must consult with SLTs, so that the budget and the CEP can be aligned. The fact that the SLT and principal must collaborate with each other does not, in and of itself, disqualify the SLT from being considered a public body performing governmental functions (see Perez, 5 NY3d at 530).

Moreover, state law requires that an SLT hold monthly meetings during the school year and that notice of the meetings be provided in accordance with the Open Meetings Law. This is a clear indication of the public concern over the functioning of SLTs and public schools in general.
Accordingly, the order and judgment (one paper) of the Supreme Court, New York County (Peter H. Moulton, J.), entered April 23, 2015, granting the petition seeking, inter alia, a determination that respondents violated the Open Meetings Law by denying the general public (petitioner) access to a meeting of a New York City public school’s SLT, should be affirmed, [*5]without costs.
All concur.
Order, Supreme Court, New York County (Peter H. Moulton, J.), entered April 23, 2015, affirmed, without costs.
Opinion by Kapnick, J. All concur.
Sweeny, J.P., Renwick, Manzanet-Daniels, Kapnick, JJ.
THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: OCTOBER 25, 2016
CLERK
Footnotes


Footnote 1: The parties and the IAS court, however, treated this proceeding as a pure article 78 proceeding and not a hybrid article 78/declaratory judgment action. Thus, the court reviewed respondents’ determination to deny petitioner access to the meeting under the arbitrary and capricious standard and made no declaration. 

Footnote 2: By order to show cause dated January 12, 2015, Letitia James, the New York City Public Advocate, and Class Size Matters, a New York-based nonprofit organization dedicated to achieving smaller class sizes across the country, moved to intervene as petitioners. The intervenors served a proposed petition generally echoing the main petition. The intervenors’ application was granted as part of the order on appeal herein. 

Footnote 3: By order entered October 15, 2015, this Court ruled that an automatic stay of the order is in effect, pursuant to CPLR 5519(a)(1). By order entered December 29, 2015, this Court granted the Council of School Supervisors and Administrators leave to appear as amicus curiae. 


Saturday, October 22, 2016

Annie Seifullah, Sexpot, Sues the New York City Department of Education For Gender Abuse

Annie Seifullah
re-posted from Parentadvocates.org:

The Story of Sex, Lies, and Photographs: Former Principal Annie Seifullah Still Works at the New York City Department of Education


While Seifullah helmed the school, her ex-lover, the father of a student, accused the married mom of cheating on him with a school security guard and an assistant principal. The dad turned over DOE computers with photos of Seifullah posing in black lingerie and engaged in sex acts and sexually explicit texts on her DOE cellphone.


The story of Annie Schmutz Seifullah is very complicated. She was investigated for sleeping with a former student, the father of a current student, the AP, a  school security guard at the school. The list may be a lot longer than is currently known.

While looking into what happened in this case I received a call from a very anxious former para professional who worked at Robert F. Wagner Secondary School of Arts and Technology HS. This person told me that she saw Annie Seifullah kissing a boy about 17-18 years old, a student at the school, outside the school early in the morning. She did not want to give the investigators her name, for fear of retaliation.

The PA President, a dad with a son at the school, moved in with Ms. Seifullah for a while. When the relationship fell apart in 2014, the dad, Robert Conte, revealed photos which were on Ms. Seifullah's computer. Ms. Seifullah claimed that the photos on her school computer were planted there.

The investigation was recently concluded:

Office of Special Investigations Seifullah Report (2014-hidden from the public until 2016)

and there's more. She is now suing the Department for her removal, claiming she was removed because she is a woman. Her lawyer claims that she is out on LODI from 2015 to the present.

Seifullah Summons and Complaint

I think that is baloney.

Annie Seifullah and her brother Kent


Ex-principal cleared in school sex probe sues for gender bias

Ex-principal banned for sex scandal back in the classroom

An ex-principal banned from working with students after her involvement in a sex scandal was nonetheless assigned to teach at one of New York City’s worst schools, The Post found.

Annie Schmutz Seifullah, 36, was ?teaching English at ?Automotive HS in Greenpoint, Brooklyn — a long-struggling school with 98 percent boys — despite a Department of Education probe into accusations of misconduct after her alleged affair with a parent.

“It’s like sending a cougar into the cub’s den,” a shocked insider said.

School principal fired for 'having sex with security guard and parent during school hours' was given a new job this fall in a predominately boy's school

  • Annie Schmutz Seifullah, 36, was banned from working with students after her involvement in a sex scandal at a Queens school last year
  • Seifullah was accused of sleeping with a guard, an assistant principal and a parent on campus at her previous school in Queens
  • But she was given a new teaching job at ​Automotive high school in Brooklyn this fall - which has 98 percent boys 
  • A Department of Education spokesman told The Post Seifullah was supposed to be 'reassigned away from students'
  • The spokesman added that her placement in Automotive classrooms this fall 'was an error' 
  • Her racy past came to light after students Googled her and confronted her about her scandalous photos


Annie Seifullah's Company

After an inquiry by The Post, DOE officials admitted Seifullah was supposed to be “reassigned away from students” — and that her placement in Automotive HS classrooms this fall “was an error.”

Seifullah “ran out of the building” in distress last Monday when students confronted her about her scandalous history and ??racy photos allegedly found on her DOE computer.

Former Queens Principal Annie Schmutz Seifullah reportedly was found with racy photos of herself on her school computer.
“They were harassing her because they found out about her,” said ninth-grader Muhammad Choudhary. “They searched her up, found her on the Internet and told everybody else.”

The DOE said it is now seeking to fire Seifullah, a year after her ouster as principal from Robert Wagner Secondary School of Arts and Technology in Long Island City, Queens.

While Seifullah helmed the school, her ex-lover, the father of a student, accused the married mom of cheating on him with a school security guard and an assistant principal. The dad turned over DOE computers with photos of Seifullah posing in black lingerie and engaged in sex acts and sexually explicit texts on her DOE cellphone.

“Her behavior was unacceptable and inappropriate as an employee of the DOE,” said spokeswoman Devora Kaye. A DOE probe found she misused DOE “technology” and “committed theft of service.”

On May 1, Seifullah was demoted from principal to teacher, and her salary slashed from $142,890 to $66,326. She has tenure as a teacher but not as a principal.

Kaye did not explain how Seifullah wound up teaching at Automotive HS, which is under the gun to improve this year or face a state takeover. A special hiring committee led by Principal Caterina

Lafergola had to review and approve all teachers brought into the school this year.

Mayor de Blasio held a press conference at Automotive to tout his “Renewal program” to pour hundreds of millions into 94 failing schools.

Renewal executive superintendent Aimee Horowitz had to know about the hiring of Seifullah, an insider charged.

“Principal Lafergola would not go to the bathroom without checking with Aimee Horowitz,” the source said. “This was not an error. This was cronyism pure and simple — at the highest level.”

Students said Seifullah came to Automotive to replace a substitute for a teacher who had moved. It didn’t take long for kids to Google their instructor and discover a Post article and photos published after her ouster.

Seifullah has claimed the accusing dad threatened her after she broke up with him and stopped paying his child-support bills. She referred a reporter to her lawyer, Pete Gleason, who declined to comment.

Second principal booted amid school sex probe
By Susan Edelman, Frank Rosario and Daniel Prendergast May 6, 2014

A Bronx assistant principal has been booted from his post for traveling to a Queens school allegedly to have sex with the principal there — as sexts between the pair surfaced Tuesday.

Dany Velazquez, an assistant principal at PS 5, has been reassigned pending a city Education Department probe into his alleged sexcapades with Annie Schmutz Seifullah, which were first reported by The Post.
Yahya Seifullah, Annie Seifullah's former husband

Seifullah, principal of the Robert Wagner Secondary School of Arts and Technology in Long Island City, had already been reassigned amid the shocking allegations that she had sex with two men, including Velazquez, at her school during class hours.

Seifullah’s ex-boyfriend, the dad of a student at her school, described for The Post alleged raunchy texts between Seifullah and Velazquez, including one in which he wrote, “Next time I want to f–k you in the office.”

Seifullah allegedly responded, “First you have to ,” the ex said.

But Seifullah flatly denied the allegations, telling The Post on Tuesday that she never had sex inside the school and is simply the victim of her ex, who used her money and then exposed her kinky hobbies when she quit paying his way.

The Queens principal said her jilted ex-lover was trying to produce a reality show about his life.

“I thought he loved me and that he was protecting me,” Seifullah said in the Manhattan office of lawyer Peter Gleason.

“The reality is that I was played for a fool.”

Seifullah said her ex lied about her having sex at school.

Seifullah said he hacked into her computers and cellphones to stir up drama as part of a $60,000 development deal he supposedly had with Bravo.

But when he allegedly found text messages between Seifullah and Velazquez that suggested they had sex at her school — along with pictures of her engaged in sex acts — she says her ex threatened to expose her.

She wound up giving him $18,000 to pay for rent and child support for his kids, she said.

“I considered going to authorities and lawyers about everything, but I was just so afraid of all the threats he made against me and how it would ruin my life and ruin the life of everyone that I knew if I didn’t keep supporting him,” she said.

Seifullah said when she finally ended the relationship, the scorned ex approached investigators with lewd photos and text messages he allegedly found on Seif­ullah’s Department of Education-issued cellphones and laptops, claiming she got down and dirty at the school.

The ex also turned over audio and video in which a woman, identified as Seifullah, allegedly admitted to engaging in oral sex with an NYPD school safety agent and Velazquez in a book storage room during school hours.

She said she was forced to say those things, which she claimed never really happened.

Seifullah is estranged from her husband. She said Velazquez isn’t married.

Principal removed after sex-in-school probe
By Susan Edelman, NY POST, May 4, 2014

A Queens principal was yanked from her school amid shocking allegations she had sex with a guard, an assistant principal and a parent, had trysts in school while classes were in session, and had photos of her sexcapades on department laptops.

Annie Schmutz Seifullah, 35, principal of the 7th- to 12th-grade Robert Wagner Secondary School of Arts and Technology, in Long Island City, was escorted from the school Thursday as investigators seized computers and other electronics from her office and home, The Post has learned.

“We are appalled by these disturbing allegations and acted swiftly to remove the principal while the matter is under investigation,” a Department of Education spokesman said. “This type of alleged behavior is completely unacceptable for any DOE employee.”

Her sudden removal comes after a romance-gone-bad with a student’s dad. The angry ex turned over three DOE laptops he obtained while living with Seifullah, including MacBooks containing photos of herself in racy lingerie and in various sex acts, including a threesome, he told The Post.

He also gave investigators a video and audio tape in which a woman he identified as Seifullah acknowledged engaging in oral sex with an NYPD school-safety agent in the school security office, and with a visiting assistant principal in a book-storage room during school hours.

“I don’t know what I was thinking. I don’t know why I thought it was OK,” she tells the furious dad in the taped conversation, after he accuses her of cheating on him.

“You gave him (expletive deleted) while my child was in the building,” he roars at one point.

The dad, a 40-something entrepreneur, also gave excerpts from a letter he says Seifullah wrote, admitting she hooked up twice with an “old lover.”

“The second (time) was a visit to my school that led to a sexual encounter which included brief oral sex in a hidden location,” the letter states.

The dad, whose name is being withheld to protect his child’s privacy, said he came forward because Seifullah — the mom of a toddler son — “played me for a fool.”

“Ms. Seifullah clearly used her power and position as principal to .?.?. seek several sexual partners at her school,” he charged.

The principal helped the dad financially, once giving him $10,000, plus $500 and $300 money orders, records show. Her salary is $136,959.

On April 11, 2013, she testified in Queens Family Court as a character witness for the dad in his custody fight. She spoke as both his child’s principal and as “his girlfriend.”

“So far our relationship has been discreet and people don’t know about it,” she testified, insisting that his child would get no special treatment.

City policy does not forbid educators from dating colleagues or the parents of students. However, if favoritism or mistreatment occurs, the employee could be cited for a conflict of interest. Having sex inside a school or placing sexual images on school equipment could lead to misconduct charges.

An insider said it was “highly unusual” for a principal to be removed pending a probe, and indicates allegations of “extreme misconduct.”

But on Facebook last July, she posted a photo of herself with the father, naming him and declaring with a heart icon: “A single dad walked in the office of my school and swept me off my feet.”

Seifullah took down her Facebook page after The Post called to ask about the scandal. “I can’t talk without permission,” she said.

Seifullah filed for divorce last summer and moved in with the student’s father. They split up in March and her divorce is pending.

The NYC Department of Education violated the Freedom of Information Law (FOIL) by never giving me the OSI report, requested in my November 2015 FOIL request. Please note that the date of the OSI Report is December, 2014.

RE: F11,306

Betsy Combier, Editor / Reporter
NYC RUBBER ROOM REPORTER
betsy.combier@gmail.com
November 23, 2015

Mr. Joseph A. Baranello
Central Records Access Officer
Office of the General Counsel
New York City Department of Education
52 Chambers Street
New York, NY 10007

JBaranello3@schools.nyc.gov
FOIL@schools.nyc.gov

Dear Mr. Baranello:

Under the provisions of the New York Freedom of Information Law, Article 6 of the Public Officers Law, I hereby request to receive E-mail copies of:

1) any and all documents, letters, emails, videos, tapes, or pictures relating to the investigation of Principal Annie Schmutz Seifullah of Robert Wagner Secondary School of Arts and Technology in Long Island City.

2) The complete investigation with all notes and recommendations that relate to OSI case #14-03690X, or any other OSI or SCI case which mentions Annie Schmutz Seifullah and Dany Velasquez, or any parent or student, including any mention of Robert Conte or his son.

3) Any and all disciplinary decisions, comments or other documents with the name "Annie Seifullah" mentioned in any way.

If the records have been removed from their original locations, please cause a diligent search to be conducted of all appropriate file rooms and storage facilities.

If any record has been redacted, please identify which categories of information have been redacted, and cite the relevant statutory exemption(s).

If you have any questions relating to the specific record(s) or portion(s) being sought, please phone me at 212-794-8902 so that we may discuss them.

RELEVANT ADVISORY OPINIONS

www.dos.state.ny.us/coog/ftext/f13952.htm

www.dos.state.ny.us/coog/ftext/f14287.htm

RELEVANT LOCAL LAW

As you know, the Freedom of Information Law requires that an agency respond to a request within five business days of receipt of a request. Therefore, I would appreciate a response as soon as possible and look forward to hearing from you shortly. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name and address of the person or body to whom an appeal should be directed.

Sincerely,

Betsy Combier
F11,837 Acknowledgement
F11,837 update
F11,837 update
F11,837 update
F11,837 update
F11,837 update
F11,837 update
F11,837 update
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Mr. Baranello - REALLY?

Betsy Combier
betsy.combier@gmail.com