Tactical Manuvers

Thu, 29 Oct 2009 18:11:00 +0100

Inaccurate reporting has recently alleged that I, as well as Ms. Farina, violated the provisions of FERPA with a headline that read “Farina Accused Of Misappropriating Confidential Student Info”. It went on to quote the Board’s attorney “Michael J. Rose, who represents the school district, was incredulous. This is an absolute violation of federal law. You can’t go into a data bank and get other pupils’ scores by names. This is a very serious issue. And to use it for a due process hearing?” he said, shaking his head in disbelief.” Those quotes and the terrible reporting of actual events have left me shaking MY head in disbelief! Not only was this reporter not in the room (I have been asked to redact this statement as Ms. Chambers has indicated to me that she was present at the time - since I can not confirm or deny with 100% accuracy, I post this redaction) when these events unfolded, but to then suggest that I had consented or even gave a statement in response to the allegations is even more outrageous. It is time to put the record straight. Let the marbles fall where they may, as I did not create this situation, but certainly can not allow a story like this to sit on the internet accusing me of violating a law or acting in any way inappropriately. I seriously hope that a redaction of these inaccurate articles will occur as soon as possible. Let us start off by providing a quick background of what FERPA is. Putting it in simple terms, it protects student’s private information, such as their student assessment scores. A teacher has access to that information, obviously because they are the ones who are testing the students. The teacher has hard copies of the actual test scores and also inputs them into a student database on the internet called Infinite Campus so that other educators and administration can readily have access to the information. A teacher can use that information at any time for educational purposes – yes that would include being able to use the student test scores to demonstrate that a teacher’s students demonstrated improvement or success on the tests and most certainly can be utilized by a teacher in response to claims of her teaching abilities, even in a due process hearing (as long as the student names are redacted). Ms. Farina had FULL access to Infinite Campus to obtain those test scores. Why wouldn’t she? She is still employed as a full time teacher unless it is decided otherwise at the conclusion of these hearings. So for Superintendent Halligan to claim to be so outraged and not know how Ms. Farina had access when the school board never denied her such access and for their attorney to state the teacher did not have a right to enter the database is bewildering to say the least. This may have something to do with the fact that the Board “lost” their copies or “no longer had copies” of these test scores, or maybe they just did not want them disclosed because they did not support Administrations claims? Regardless, Ms. Farina was in possession of those scores and she handed over REDACTED copies to her counsel as she had a right to do, as ruled by the panel of the Board of Education. Those REDACTED copies were already on the record as full exhibits. When Ms. Farina’s counsel presented those redacted assessment scores, they discredited the Board’s claims that there was no learning occurring in Ms. Farina’s classroom. Actually, they demonstrated substantial growth and in some instances upwards to over 40% of overall student growth. In turn, the Board’s attorney in a tactical maneuver objected to the test scores being submitted as evidence in support of Ms. Farina stating they could not be “authenticated”. Now you tell me how Ms. Farina could easily retrieve these test scores with her user name and password from Infinite Campus, yet the Board of Education claimed they could not retrieve them to authenticate the redacted versions? These arguments took place several times, each time Administration was ruled by the panel of the Board to turn over the relevant test scores and each time the Board failed or refused to do so. Ms. Farina arrived to this particular hearing with the original copies in her bag. She had NEVER turned those original un-redacted copies over to me for review, they were only handed from Farina, to me to the board's attorney upon a request made by the Board's attorney.(Hear this on tape recording) It was no secret that Farina had the original test scores and I stated this several times on the record, that certainly did not mean that "I" had them or even saw them as alleged. Until moments before being accused of a violation of FERPA, my hands or eyes never saw or touched those un-redacted test scores. Once again another argument erupted by opposing counsel when drastic improvement on the test scores was being discussed. Once again opposing counsel claimed the scores were not validated. Once again the panel stated it was a “reoccurring theme” and wanted to know why the School Board continually failed to turn them over after repeated requests to do so. The response by the Board’s Attorney “we think we have given them what we have”. The panel asked counsel to confer and resolve the issue “OFF THE RECORD”. Not too surprising, all events in regards to this matter of FERPA violations took place OFF the official record. However, the Board’s attorney must have forgotten that I was tape recording this public hearing, including all events that took place off the official record. That recording indicates a conversation between Ms. Farina and myself (just second before the accusations) regarding the test scores demonstrating that I never saw the original test scores and was asking Farina what Infinite Campus was and if the scores were exactly the same as inputted from the redacted copy. It then recorded that it was the Board’s attorney, Attorney Rose, who ASKED for the original copies of the test scores. Under FERPA, a school Board’s attorney has a right to request, receive and review confidential student test scores. The original un-redacted documents at that time were handed over to the Board’s attorney. It was the Board’s attorney who placed the documents on the table in full view of myself and school administrators. When I pointed out (standing besides Attorney Rose who had the test scores on the table in full view) that the original scores should match up with the redacted copy the Board’s attorney realized that Ms. Farina was able to validate the redacted version with the original version. This clearly contradicted the school boards claims of no student growth in regard to student learning in Ms. Farina’s classroom. At that point, Attorney Rose then began to yell at me that I violated FERPA and asked to go back on the record and in another tactical move, falsely claimed a violation of FERPA on the record by myself and Ms. Farina. To my dismay, this became the highlight in the next newspaper article. I would think that newspaper reporters in instances like this one would have made sure the facts were correct, but then again, it was based on statements given by Halligan and her attorney, so why question them? I originally did not want to respond and did not respond to the first article because the charges under FERPA are in fact very severe, but not against a third party individual, which is what I am, or even against a teacher. A Board of Education who violates the provisions of FERPA is another story, but who am I to say if the Branford Board of Education violated FERPA? However, I refuse to be classified as a dishonest or unprofessional person and be held accountable for a violation I never committed. As for the school board and its attorney, let them answer for their own actions as it was they who created this madness, not I. Who to believe? Easy, the one with the evidence and I don’t mean the original test scores <smile> - Click here to hear the tape recording of the off the record actual events of that day – you decide if a violation of FERPA actually occurred?

In a previous article it stated that these hearings have been contentious and that statement is not far from the truth. However, the reasons why they have been contentious are not being reported. As an example, last week’s article stated “The colleagues’ appearance against Farina caught Mica Notz, Farina’s paralegal adviser, by surprise.” How did it come as a surprise when testimony had started the previous hearing and this was the continuation of the Board’s witnesses? It certainly did not come as any surprise. What is missing from this one sided article (a consistent theme) is that the objection was not about any “surprise” witnesses. The objection was simply this. If the school board issued the notice and reasons for termination back in July of 2009, why would the school board have a right to put on the testimony of witnesses that were never questioned or involved in any manner with Farina’s termination PRIOR to the termination notice? How can the school board justify having their attorney go into the school two months after the notice and reasons for termination was written, and five weeks into these hearings, to conjure up witnesses to support the termination? “Prior to three weeks ago when Mr. Rose talked to you, did anyone ask about Mrs. Farina?” Notz asked. No, no one did,” she said”. Bottom line is those teachers who were cornered by the board’s attorney into testifying last week is completely irrelevant and not related whatsoever to the reasons stated for Farina’s termination. The testimony by those teachers had no relevance and should never had been allowed to occur – it is a direct violation of Ms. Farina’s Due Process rights which specifically provides that no evidence that does not relate to the reasons for termination shall be allowed or considered, yet that is exactly what the school board and their attorney just did and have continually done throughout these hearing making a mockery out of this termination hearing in an attempt to come up with additional reasons to support the termination of this teacher. To make matters worse, Commissioner Frank Carrano has continually allowed it. Did I threaten to walk out and bring the matter to the court, absolutely – but Commissioner Frank Carrano refused to conclude the hearing and allow me to do so advising me that I could leave, but the hearing would go on without me. Not to mention that many of the teachers who did testify hardly were ever in Ms. Farina’s classroom during the last year. In fact, look at the article for your self, 2002 and 2003 – where are the teachers and professionals in her class in 2008 and 2009 – the relevant time period?? Oh wait, they took the stand this past Friday the 23^rd, wonder why no article has been posted yet about what they had to say about Ms. Farina or the numerous parents who took the stand refuting the Board of Educations allegations. The last time I checked, the parents of those students in Ms. Farina’s classroom last year were not only the real employer as the taxpayer, but also the most important judge and jury, yet not one single parent has taken the stand in support of the Branford Board of Education – all parent input has been against the termination of Farina. No press coverage on that issue?

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Tactical Manuvers