Civil Rights Complaint Discussed by School Board, Community

03 Oct, 2012

By Polly Kreisman


Mamaroneck School Board and Superintendent Dr. Shaps (center) Tuesday night


With the Mamaroneck School Board beginning to look at its placement policies, and whether factors like race and ethnicity would be criteria, it’s clear a vast divide in perspective in the community has not narrowed.


School Board President Nancy Pierson moderated a heated public discussion before Tuesday’s Board of Education meeting on the recent findings of the U.S. Justice Dept. Office of Civil Rights in the Kindergarten placement of students at Central School. It was the first such public forum since Rina Jimenez filed a complaint against the District in 2011 after she noticed a disproportionately high number of minority children in her son’s kindergarten class.


In August, the OCR ruled the District and Central School  “inconsistently and subjectively”  applied its placement policies and that a disproportionate number of Hispanic, Black and other non-white students actually were assigned to the same classroom in 2010-11 and 2011-12.


Pierson said Tuesday she commended the way staff at Central has handled the recent wave of public outrage. theLoop and other local websites have received hundreds of comments from readers.


Jonathan Sacks


Others disagreed. During the public discussion, Darrell Davis of the Westchester Grassroots Coalition said the comments he heard from the administration are “going to get this District in a world of trouble. You’re making all the classic mistakes,” he told the School Board. “You can’t tell this family how to feel.”


Luis Quiros, a Mamaroneck community activist said, “The school district is contaminated with systems and subsystems that protect segregation…The District hires under the same formulas, organized to confuse Latino families.”


Bijan Anvar


Eleanor Sherman, a parent that brought a lawsuit she said won in Second Circuit Court against the District several years ago on behalf of her special needs son, said “this District has long experience in denying access….Separation is not equal access to education…I am appalled by the actions of the School Board and the District.”


Pierson asks Curt to stop talking


 


At one point,  a parent identified only as “Curt,” came to the podium with the Central Elementary yearbook. Someone in the audience yelled,  “Is he doing that again?” Pictures of the school yearbook aired on local TV and in newspapers last month after Jimenez used them in an effort to sow the disproportionate class.


Curt then directed his comments to Superintendent Shaps as Assistant Superintendent Dr. Anthony Minotti yelled “Sit down.”  Pierson came to the podium and asked him to leave, and he and Ms. Jimenez stormed out of the meeting.


A few parents spoke in support of the District. “I have only had positive experiences in Central School,” said Bijan Anvar, the father of two students there. “A lot of parents in the school feel the same as I do.”


Eleanor Sherman


Jonathan Sacks, who has children at Hommocks and Mamaroneck Avenue School, said this episode should be used as an opportunity. “This is a great opportunity… to experience other cultures and ideas. Unfortunately this may eliminate our ability to deal with race at all.”


Mamaroneck School Board’s Policy Committee is now considering whether to change its placement policies.


The District must report Kindergarten placement data to the OCR in September of 2012 and 2013 as part of ts agreement with the OCR.


 


 
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  • jjinla

    I’ve read comments by all of them throughout the months and Jonathan Sachs is the only one to be taken seriously. All of the others…especially Quiros are on a witch hunt.

  • ladyofspain

    If I were the Board and Superintendent, I would take these words to heart and reconsider your opinions expressed last night. “Darrell Davis of the Westchester Grassroots Coalition said the comments he heard from the administration are “going to get this District in a world of trouble. You’re making all the classic mistakes,” he told the School Board. “You can’t tell this family how to feel.”

  • Anne Onimus

    Dr. Shaps is not new to controversy, as evidenced by:

    http://stopthedrugwar.org/chronicle-old/218/newhampshireschools.shtml

  • FedUp

    The administration notified all the parents – in writing as well as through phone calls – that they were happy to meet with them to discuss any personal concerns they had with the class make-up and how/if they felt it directly effected their child. Two additional families chose to do that. Two. So to say we weren’t asked for our opinions or didn’t have an opportunity to have a voice is once again, an example of an “Anonymous” poster not knowing the facts and choosing to mislead others with incorrect information.

    And for Ms. Jimenez to storm out of a room and call another parent “trash” because said parent had the nerve to say she didn’t agree with her, speaks volumes of the type of character we’re dealing with – oh, and the other parent just happened to be a fellow Latina.

    And the advocate from Mt. Vernon? Was he kidding? He’s as bad as the two parents who started all this telling school officials that even if they don’t have much info on students entering kindergarten they can look at the kid’s face and guess what they are. Or they can read a last name “If it’s Rodriguez or O’Brien I can make a pretty educated guess as to what they are”…..I wonder how Ms. Tannenbaum (the parent who spoke first and happens to be Asian) felt about that statement regarding her children’s last names? Or the latino family who chooses not to answer the question about race on the registration papers (which they don’t have to answer) – do they want school officials looking at their child and thinking – well, they don’t look black and they aren’t really white – kind of tan – what should we consider them? Can they be included as a non-white student in the class make-up? Please – and that advocate says that the district is making all the typical wrong moves regarding race/ethnicity? And this is how he suggests that it’s dealt with – look at skin color and last names and make assumptions? Outrageous and insulting to people of ALL races/ethnicities.

    And as for “Dr. Curt….” He decided to use the opportunity last night to attempt to make this a personal attack on the superintendent about things that happened (or for all we know, didn’t) in another school district years ago. Sorry – that’s not what I gave up my Tuesday evening to come hear about. And the only reason he stopped talking was because he was pushed by another attendee to give his full name and state who he was. He wouldn’t. You have something to say in a public forum and you’re asked to state your full name – if you believe in what you’re stating, why refuse to do it?

    Enough already.

  • RU Kidding

    I am surprised that Mr. Davis would even suggest that one could just look at a students face to determine ones ethnicity. Profiling a young student must be an acceptable practice in his mind, but I for one don’t feel its a practice that has any place in public schools, or anywhere in the United States for that matter. There can never be equality when rabble rousers try to preach their own hangups to anyone who will let them be heard.And even though everyone has a right to be heard doesn’t mean that every open form is one to advance ones own prejudice. This is America where the only barrier to success is not determined by ones color or ethnicity, but rather the quality of ones education and perseverance to succeed.

  • Katie

    As Chief Justice Roberts pronounced re: the UT Austin case that just made its way to the Supreme Court…“the way to stop discriminating on the basis of race is to stop discriminating on the basis of race.” It should not be a factor, period.

    And as for last names…what the heck do those matter? My sister’s last name is Gonzales and she is 100% European. She married a 3rd or 4th generation Mexican-American who can’t speak Spanish, has never been out of the US and doesn’t even like Mexican food.

    I suggest EVERY parent in the district, from here on out, refuse to disclose the race of your kids on each and every form. Make it impossible to classify our kids.

  • Mike Ross

    ‘FedUp’ speaks well, but would speak even better if they had the courage of their convictions and used their real name in a public forum.

    As for forms and ‘race’, my preferred option has always been to treat it as a write-in; I write ‘human’, draw a little box, and check it :-)

  • Mike Ross

    As for ‘Anne’ (or ‘Curt’ or whoever they are) mentioning stories from years ago in another district, I think they have completely the wrong end of the stick; the vast majority of parents here would, I believe, *welcome* a supervisor keen to work with the police to bust drug dealers in our schools! If that was an attempt to sling mud it was *completely* misguided..

  • Anne Onimus

    Mr. Ross, don’t think for a minute that I am against busting drug dealers. In fact, I feel that drug dealers are the lowest form of slime and the cause of many of the problems in our country. What I am against is somebody ruining the government’s case against a drug dealer (the student) under some “silent understanding” with the police department, the same police department who should have been doing the investigative work (search and seizure of the drugs found on the student). Shaps should not have had any involvement in the situation, other than perhaps notifying the police of alleged criminal activity in the school and telling THEM to do what police are trained and paid to do.

  • Anonymous

    Its not what you feel is right regarding class placement. Its NOT open for interpretation. There are guidelines,laws, and statutes…Brown vs. Board of Education… that need to be followed and upheld. The administration failed to follow all except for gender which led to segregation. It doesn’t matter how you get to segregation. Segregation is segregation. They knew what they were doing. It was their job to know. They are the experts! How can we expect our children to follow rules and laws if the administration can’t. Funny how they try to create an aura of that the courts are still deciding on whats right. Wrong! Follow the law! Talk about diversity….then practice what you preach!

  • xanthe

    The court found that the search and interrogation was unconstitutional. The student was not given the constitutional protections he was entitled to and therefore the evidence from the search was not admissible. I am not in favor of drug dealers by any means but I do support students and everybody’s right to their constitutional protections . We do not get to pick and choose when and who is entitled to them . While the case may have been many years ago , it may well point to an insensitivity towards civil rights.

  • Mike Ross

    I’m very strong on constitutional protections myself. I admit I was surprised to read that a teacher confiscating contraband after getting permission from a student to conduct a search was deemed to be effectively acting as a government agent who should have read the student Miranda rights simply because they had a relationship with the PD. That’s a definite ‘gotcha'; the mental picture of a teacher reading Miranda rights like a cop is just wrong.

  • AboutTime

    Just want to make sure that everyone sees this – just published this weekend on lohud. The case was also given substantial attention in the weekend Journal News.

    Re: “Mamaroneck race controversy: Mom says feds should look at 5-year data,” Sept. 24 article:

    As a follow-up to the above article, I would like to present some additional points to your readers, which were omitted during my lengthy interview with The Journal News reporter.

    First, the Office of Civil Rights report did not state that the Mamaroneck school district engaged in any form of intentional discrimination related to the manner in which kindergarten children were assigned to their classes.

    Second, the report did not indicate that the school district’s policies, which formed the basis upon which student class assignments were made, were flawed in any manner.

    Third, it is important to point out that the U.S. Supreme Court recently determined that school districts cannot use race as a determining factor when assigning students to schools or classes.

    Accordingly, it would appear that unfair, negative conclusions about the district’s intentions and actions are being drawn. The district should be given the opportunity to move in a positive direction in the future, as it has already dedicated itself to doing.

    Jay Worona

    Latham, New York

    The writer is general counsel, New York State School Boards Association.

  • Anon

    From the article: Doing What’s Best for the Child 10/7/12

    Read in it’s entirety at:
    http://www.lohud.com/apps/pbcs.dll/article?AID=2012310070002

    The scenario is typical: A group of experienced elementary school educators sit in a room at the end of a school year to determine the classroom teachers to whom their current students will be assigned in the following year. A great deal of care and concern goes into this process.

    Among the factors often considered by classroom teachers are matching each student with the teacher whose teaching style, pace, personality, and expertise best matches the student’s learning style and his/her unique social and emotional needs. In making these assessments, educators view their students, as they should, by who they are as a person and learner (the “content of their character”), and not by the color of their skin or the pronunciation of their last name….
    The racial equalization theory espoused by some is based on the false premise that students who are judged on their individual merit must nonetheless be equally distributed based solely on their skin color. This turns Martin Luther King’s dream on its head. It is also a clear violation of the rule of law in this country as unambiguously stated by the United States Supreme Court. See Parents Involved in Community Schools v. Seattle School District No. 1, 127 S.Ct. 2738 (2007) (“We have many times over reaffirmed that racial balance is not to be achieved for its own sake… outright racial balancing is patently unconstitutional.”)
    …In essence, a dangerous conclusion has been reached that school districts may not place more than two or three Hispanic children, or one or two black children, in any one class even if the staff who knows these students the best makes these assignments using race neutral criteria.

    Directing school districts to change their way of doing things because of the way the race neutral criteria happened to play out in any given year, not only demeans students, but also, no matter how well intended, create a policy that would be squarely at odds with Supreme Court precedent. Chief Justice Roberts, writing in the Seattle decision, left no ambiguity on this point.

    In the end, while statistical skews may lead to understandable concerns, the remedy should never lie in using race to determine who will educate a child.

  • xanthe

    There is an interesting article in the Journal News today in the Opinion Section by Saul Yanofsky,former superintendent of white plains schools,- “Integration has invaluable benefits”. he states that he was disheartened when he read Howard Miller’s efforts to justify the disproportionate presence of minorities in the kindergarten class.

  • Mike Ross

    Anon – well said, exactly what I’ve been saying all along.

    Xanthe – ‘disproportionate’ doesn’t need to be ‘justified'; as Anon pointed out, all that matters is that the best placement decisions were made for the right reasons. If the result turns out to be ‘disproportionate’ it *doesn’t matter* because ethnicity is *not a factor* and ‘proportionate’ is *not* a goal to be achieved.

  • xanthe

    I do not believe that what happened at central was intentional. But, what is to prevent any school district from having unbalanced classes and claiming that it was done in the best interests of the students when there were other motives involved? In any event the parents claim was found to have merit by the OCR in spite of what others may think of them personally.

  • phyllis

    xanthe, the thing that OCR cited Central school for was not strictlynfollowing their placement policies. In reading the full reportr, getting down to the nitty gritty of it you can see that it was due to parents requests to split up twins and two or 3 repeat K kids. NOTHING to do with race of the kids. Whst to us as a comminity is more important…allow twins separate classrooms or make a “prettier” yearbook photo? Allow a repeat k kid the choice of different teacher/classroom style or place that kid where his/her skin color looks nicer for the yearbook? The intricacies of classroom placement have been handled IMO very well and with nothing but the best interests of the children at heart. They are very good at their job, they DO actually have the very best intereests of every child at heart and in mind. and THIS is why our district so very top rated. NEVER have I looked at the color of my kids classmates, their last names etc. Thats the VERY LAST thing I would ever consider. And they, too. I say kudos to them for standing their ground and saying Race Doesnt Matter. Best placement DOES.

  • phyllis

    actually, I rescind what I said because Central did NOT say “race doesnt matter”. What they DID say is that race is not part of classroom selection and if you personally have a problem with that, we can work with you to find anothernclass for your child. This was apparently refused by the complainant for reasons unknown to the public.

  • Anonymous

    Just as mentioned by a board member at the meeting….affirmative action is indeed in question:
    http://www.cnn.com/2012/10/10/justice/court-affirmative-action/index.html?hpt=hp_t3

  • Anonymous

    In reading about Dr. Shaps that was posted, I would want the principals to be able to search if there is suspicious activity & I would certainly want to know if it was my child. It was high school, not an elementary school & they did ask if they could search. Years ago, you didn’t have that option. If a teacher thought something was suspicious, the teacher took it and your parents were called & YOU GOT IN TROUBLE, NOT REWARDED!!! Why would a parent sue if their child admitted to & was found with LSD? What message does that send? Why would you not want to help your child NOT get involved with drugs. It actually means Dr. Shaps is alert, cares about the welfare of all kids & isn’t afraid to not turn a blind-eye to wrong-doings, but to shine a light on it. It actually reinforces the point that nothing wrong was done. If he was willing to do that to help a kid steer away from drugs, why would he allow racism?
    Also, for everyone commenting on what you THINK are the facts, PLEASE do your research. She DOES NOT have a following from Central… Not in the minority or majority population. She needs outsiders to back her. She has tried to sway people to see her side, but we KNOW how much Central’s faculty does for EVERY child… INCLUDING hers.
    People are stating it was for two years, it involved 7 people, etc. IT’S ALL LIES, EXAGGERATIONS & MISCONCEPTIONS!!!
    It was 2 parents. The one who originally wanted Chatsworth was able to go because they had another address in the Chatsworth area. The problem wasn’t even that the class had too many minorities, it was that they were a minority family and had, what they thought, was the only minority teacher in K… FALSE, there were other “minority” teachers.. Why is this family not backing Jiminez? BECAUSE SHE IS WRONG!!! She didn’t realize this parent had a legal address they could use to attend Chatsworth. She started a temper-tantrum & played the race hand as her trump card. They offered her every accommodation, except going to Chatsworth because she had no “legal” right to attend there as the other mother did. In her mind, this was a personal attack against her, and she went into vicious fight mode.
    Now, she is suing THE ENTIRE district for a stated $15,000,000.00. & asking the district to PAY for her child to go to Scarsdale schools on YOUR dime!!
    If you know anything about school districts, as a general rule of thumb, they settle versus going to court. Hiring lawyers, court fees, etc. usually end-up costing more than it would to settle, even if they won. Furthermore, the publicity & media it would draw could compromise the safety & well-being of the children & cause even more problems for everyone. Of course, people are going to say ” Why did the district settle? They must’ve been guilty!”
    When your school taxes go up to cover the money she is asking for, then thank the district for not taking it to court where it would cost you considerably more in taxes.
    Feel free to feel the way you want, it’s what makes America great, but KNOW the FACTS. Don’t let posts, not based on first-hand experience, make you hate a school that is beloved by SO MANY because of the LOVE of EVERY child at CENTRAL! Every debate needs to be based on opinions of the facts, not propaganda.
    She has stopped at nothing to try & get people to side with her… being a reverse racist by showing kids photos & names, trashing where people live by calling it the projects (not every building over two stories is a “project”, ask people living in Tribeca or Park Ave.), trying to ruin the reputation of AMAZING teachers and faculty members (for those of you that commented on the psychologist, teachers, etc. allowing this to happen, you should know the psychologist is Spanish, & 2 of the 4 teachers were minorities. With the majority of the placement team being a said “minority”, do you think they would allow segregation?
    It’s sad, race has never been an issue at Central by anyone… Not parents, teachers, kids, etc., now hopefully she won’t change that because she’s using race for exploitation & personal gain.
    Finally, for all of you that read the OCR report that this woman used as another weapon for personal gain, I hope you also read the part in the report that it is NOT meant to be conclusive or for public use, due to the sensitivity of confidential student information it contained. Obviously, that meant nothing to her that she “outed” other kids. She posted proudly in online news media outlets & The Journal News. For people who attend Central, they all know who the kids referenced in the report were & that’s why at the end it states it is private & for the parties involved only. Most of you probably stopped reading when you read “racially imbalanced” & didn’t even read on to see it said it was found to be unintentional.
    Her next weapon is to attack Shaps.
    Debates are healthy & needed, but PLEASE, for the sake of wonderful teachers & a loving school family, get the FACTS, not what people post! Feel free to even research what I’ve posted. If, in fact, this was going on for years as Jiminez states, don’t you think if one person spoke out, others would get the courage to stand behind her… At least one other parent from these two years?
    For the parents, PTA members at the meeting… THEY VOLUNTEERED to speak, NO ONE asked them to go. They’re so outraged because they are also “minorities” & know how much Central does for EVERY child.
    Everyone will have an opinion, but PLEASE base it in fact. Bashing people because of false or misleading information can really destroy someone’s life because of another’s greed. The facts prove its all for greed. $15,000,000.00 because you don’t like your class?? I hope if she is so passionate about this, she will donate the majority of that money to a civil rights organization.

  • jjinla

    She isn’t going to get one dime. She has absolutely no damages, and if they settle it would set a huge precedent.

    Look at Astorino fighting the fed. Sometimes principle is more important than $$.

    And besides, there are enough lawyers in this town that would help out the district if need be. If you are a litigator and want some pro bono hours, by all means offer your services, although we already have attorneys on retainer for routine stuff.

    I don’t disagree with anything else you have said, but to think this woman is going to walk away with a big payday is silly. Especially since, by all signs, affirmative action will likely be struck down in the supreme court before this even gets to trial.

  • Sharon

    I generally don’t like to post on blogs but just felt compelled to voice my opinions. It’s just wild reading some of these rants that just ramble on and on. First off Dr. Shaps violated that high school student’s civil rights by taking the law into his own hands. An arrest without Miranda rights. Dr. Shaps spoke at the PTA meeting about turning the events at Central into a positive discussion rather then escalating the matter and reporting it to the Feds /OCR. Well Dr. Shaps why did you have to ruin that child’s life, arrest him and give him a permanent arrest record. If we followed your advice in the same vein as you advocate how the segregation issue at Central should have been treated….you should have called the kids parents, and worked on some counseling for the child. That would have been the constructive mode of action. I sympathize with the parents of the segregated class. You segregated that kindergarten for the last 2 years and on top of that you gave them the same teacher for the last 2 years…..and you have the nerve to ask why the OCR action was brought. You got your hands burnt….just as you tried to burn the hands of that high school student with drug charges rather then try to provide drug counseling. I’m glad they nailed you! Guilty for picking on 5year old defenseless children and for showing indifference. Shame on you!!

  • http://www.corestore.org Mike Ross

    Sharon, did you *read* the report??

    Dr. Shaps isn’t a cop, he didn’t arrest anyone. He thought he saw a student with contraband. He asked that student for permission to search their bag; they gave permission. He found what he thought was drugs – not surprising, he thought (correctly) he had seen a drug deal going down. He called the cops and THEY arrested the student. Teachers aren’t cops and don’t ‘arrest’ students. Get your facts right.

    The problem was, the court decided that because Dr. Shaps was party to some kind of ‘agreement’ with the local PD regarding combating drugs in schools, he could be deemed to be acting as a ‘government agent’ rather than a teacher. This meant that he should have read the student their Miranda rights before asking for permission to search their bag. As a result the evidence – the drugs that were found – was disallowed, and the drug dealer escaped justice.

    And you paint this as a GOOD thing? That bit about Miranda was a real gotcha – obviously no-one ever considered that a teacher searching a student with their consent should have to read them their Miranda rights. Fair play to the court, I’m all in favour of strong 4th amendment rights, but it’s not something many people would have expected or predicted.

    Yes, I want teachers catching anyone dealing drugs in our schools, and I want them to have a criminal record for that. And so does pretty much everyone else – except perhaps for a few whiny ‘but he’s a good kid really!’ parents.

  • http://www.corestore.org Mike Ross

    As for segregation, a statistically imperfectly even ethnic balance does NOT equal segregation, no matter how much you try to inflame the argument by repeatedly using such an emotive term. Segregation implies 100% segregation, as practiced in Jim Crow days, and deliberate intent to do so (which everyone agrees was absent – read the latest ‘Anonymous’ post).

  • Anonymous

    Sharon – you’re doing exactly what the other person stated… You only read the first part. Please read it again… THEY WERE NOT GIVEN THE SAME TEACHER FOR TWO YEARS & IT WASN’T DONE TO THE SAME PEOPLE. The mom’s son was in kindergarten when she started this last year. The teacher in question taught kindergarten for the two years in question… It’s impossible under those circumstances, by what you’re stating, for an entire class to have the same teacher for two years in a row… Did they retain the entire class?? She hasn’t taught first grade.

    Also, obviously you condone a child was caught with a cigarette laced with LSD.

    In schools now, because of Columbine, they only need to ask permission. Would you feel the same if he found guns that a child was planning to use on your child… I bet then you’d praise him. What if the kid actually used the LSD or gave it to another child who “tripped-out”, hallucinated and killed someone or themselves.

    In districts throughout NY, they search EVERY person going to prom for drugs & alcohol… RESEARCH IT. I’ve been witness to parents who provide drugs & alcohol to their kids & when they end-up with toxic poisoning, they cry & sue the school for not knowing they had it. Stop blaming the schools and start being parents.

    FACT: Miranda rights apply to law enforcement only. It was base on a woman named Miranda who was arrested and didn’t understand what the police were arresting her for. With the passing of the Miranda rights POLICE are obligated to explain to people their legal rights. SCHOOLS are only obligated to ask permission. That’s why they DIDN’T use the Miranda law as a defense, they used violating their privacy laws.

    By your comments, I completely agree with the other writer… Know your facts, then write an opinion. You’re destroying so many people’s reputations by blogging without facts. So sad we always blame schools instead of what the real problem is. Poor teachers! You try doing their job!

  • Anonymous

    Amen Mike… I can value whatever you write because you back it with facts!

  • Mike Ross

    Anonymous, couple of points.

    The dismissal in the NH case *was* based on Miranda, not privacy rights. If you read closely they decided that, although the teacher was still a teacher, because they had a formal ‘agreement’ with the local PD in cases of suspected drug dealing in the school, that simple fact was enough to make the teacher, in a legal sense, an *agent* of the police – and a police officer, or a police *agent*, DOES have to give the Miranda warning before dealing with a suspect. So your facts aren’t quite straight there – it all hinged on the teacher being deemed an ‘agent’ – something that legally came out of left field but is probably correct.

    Now, “In districts throughout NY, they search EVERY person going to prom for drugs & alcohol…” – I would venture to suggest a blanket 100% search of that nature, especially if it’s an intrusive personal search – pat down, frisk etc. – with no reasonable suspicion whatever is most definitely illegal and unconstitutional. You don’t lose your 4th amendment rights at the school door – or the prom door! If anyone tried to search one of my kids *with no reasonable cause* there would be hell to pay; I have lawyers and my kids are getting good at karate!

  • Anonymous

    Mike – Thank you for pointing that out for me, and I respectfully stand corrected on those points. I can’t state “you must argue with the facts” if I had incorrect facts as well. I did, in fact, misread that in the report.
    As for the proms, there are not “pat-downs” per say, but they do search limos, et cetera. Some districts have even resorted to banning limos and requiring students take buses (coach of course) for a prom that leave from school..
    Pleasure conversing with someone who debates with facts.
    If we could all do that, perhaps we could have discussions and actually solve problems! That’s exactly the problem with this situations. It appears that once one’s mind is set, they shut-off to facts/other points of view that contradict what THEIR truth is.
    No one can argue that you don’t keep an open mind and research your facts then give an opinion. Perhaps you can resolve this entire situation peacefully!! LOL! Run for an office, few candidates present the facts through a clear lens anymore! KUDOS!

  • Anonymous

    Let me carefully spell out the facts to our resident lawyers. Who violated the students constitutional rights…correct Dr.Shaps! Why?….correct he was deemed to have illegally searched and arrested a child. It went to the top court…the Supreme court of New Hampshire and they upheld unanimously the lower courts decision. Again it’s not open to debate the court ruled in favor of the child. A smart intelligent individual would have allowed police work to be done by the police.

  • Mike Ross

    To the first anonymous: Dr. Shaps didn’t do anything ‘illegal'; he wasn’t charged, tried, convicted or sent to jail for anything! Everyone knows this, and by overstating – no, lying about! – what happened you do your argument no favours.

    What happened is that when the drug-dealing student was prosecuted, the court decided to disallow the evidence of the drugs themselves, since they decided the assistant principals involved (not just Dr. Shaps) should have read Miranda rights. He did NOT do anything illegal, he did NOT arrest anyone, wrongfully or otherwise. He failed to follow what the court clarified as being the required procedure in order for the drugs to be admissible as evidence. That’s ALL.

    I don’t disagree with the decision of the court, but I think all would agree it came out of left field – it was a surprise to everyone. To my knowledge no court had ever previously ruled that a *teacher* had to read Miranda rights before consensually searching a student, and no ‘smart intelligent individual’ expected the outcome.

    Stick to the truth.

  • Anonymous

    Dr. Shaps wasn’t charged with a crime, however, the court found the student was denied his constitutional rights by or as a direct result of Dr. Shaps actions. Dr. Shaps has a legacy….not one to be proud of.

  • Anonymous

    And Mike please spare us your opinion it’s what the court had to say about the matter….it’s the court opinion that counts. The court found the student was denied his constitutional rights by or as a direct result of Dr. Shaps actions

  • Mike Ross

    Anonymous, you’re tilting at windmills. I SAID, very clearly, that I AGREE with the courts decision.

    It’s my OPINION, and that of many others, that the decision was a surprise – clearly no-one in the police department or the school district thought their arrangement could pose a legal problem. It’s a bit of a novelty to be told that in certain circumstances a teacher in a school might have to read a kid a Miranda warning in order for evidence to be admissible – but the court clarified that.

    This is the comments section, it’s here for people to discuss, and express their opinions, so long as they keep it civil and refrain from personal attacks. So I’m sorry, I’ll continue to give you the benefit of my opinions – which, I have to say, appear to be better reasoned – and better supported – than yours.