Showing posts with label Post Dispatch. Show all posts
Showing posts with label Post Dispatch. Show all posts

Sunday, April 4, 2021

Changing Your School District's Culture Is Not An Easy or Fun Task!

As school board elections are approaching again on Tuesday April 6th, I’ve been looking back at some of the articles I’ve written over the past 10+ years covering some of the issues in the Fox C-6 School District that needed to be addressed.

School board candidates could learn a lot about just how difficult it is to change the deep rooted culture of a school district and how much push back a person can get when asking for change.

Cease and Desist Letter
In August 2012, I was sent a cease and desist letter for my efforts to bring about more transparency at Fox and bring Fox into compliance with Section 504 Law. In the spring of 2013, three more parents in our school district were sent cease and desist letters. An article was written about the cease and desist letters in the St. Louis Post Dispatch. 

Defamatory Posts For Speaking at Board Meetings
Then there were the defamatory comments posted online about me that were traced to some of our administrator’s homes and a cell phone. The online posts would appear within hours of making Public Comments at a Fox C-6 school board meeting.

The St. Louis Post Dispatch article linked below covers the cease and desist letters that Fox C-6 sent to parents in the district.

The article notes that former superintendent, Dianne Critchlow said:

 "everyone has the right to criticize the district but not spread untruths"

From the get go in dealing with our former superintendent, she made false statements at one on one meetings, board meetings and in emails to me and our school board and even in the news, which have been well documented.

The Post Dispatch article also noted the following quote from former superintendent, Dianne Critchlow:
"You don’t have the right to make up lies and defame someone’s character,”
Apparently, the statement above did not apply to her or her husband.

Our former superintendent should have been more interested in improving transparency and following federal law instead of anonymously posting defamatory comments online that were directed at parents who were trying to hold her and our school board accountable.


School Board Members Associated With 504 Issues in the District
It’s interesting to note that 5 of our current school board members were either directly involved with some of the issues I was addressing in our school district or are related to individuals who were directly involved with those issues such as the removal of a 504 Plan and efforts to get the 504 Plan reinstated. It prompts the question as to why these individuals decided to run for a position on the Fox C-6 Board of Education.

No Audio or Video Recordings of Meetings at Fox
I asked the Fox C-6 school board numerous times over the years during the Critchlow era to audio or video record school board meetings because of the lack of detail Fox's board meeting minutes.

Fox C-6 school board meetings had been audio recorded prior to Dianne Brown Critchlow's time as superintendent. She couldn't explain why they weren't recorded anymore. She said the last time they were recorded was when Jim Chellew was superintendent.

Examples Of What Other Districts Were Doing Compared to Fox
I brought numerous examples to our school board of what other school districts in our area were doing with regards to audio or video recording school board meetings and posting school district bill payments online for the community to review. I asked for audio and video recordings of board meetings because the public wasn’t getting the truth or the facts about several issues in our district. At the time, Fox didn’t post bill payments on the district website which made it difficult for anyone in the community to help with oversight of school district spending. It also made it very easy for some of our administrators to misuse taxpayer dollars.

The responses from our superintendent are well documented in the articles I've written over the years. The article linked to below was posted a year before the ousting of Critchlow and her husband and the demotion of two assistant superintendents. It serves as a good reminder as to how bad things can get when there’s very little oversight by your school board and district employees fear retaliation from administration.

11 Years To Comply With an ED OCR Resolution Agreement
In May 2009, Dan Baker signed a Resolution Agreement in which Fox agreed to update the district’s 504 manual by June of 2009. It wasn’t until May 10, 2020 that Fox’s 504 manual was finally updated and posted on the district’s website. It took Fox more than 11 years to update the district’s 504 manual. It's hard to comprehend, but very well documented.

Kansas City ED OCR Slowed the Process As Well
It took Ed OCR nearly 16 months just to respond to the district with their review of the district’s updated 504 manual. 

Ed OCR had already reviewed the document in 2018 and asked for a few minor changes to the document in the fall of 2018. During that 16 month delay, I made several calls to the Ed OCR attorney who was listed as the contact person for the 2018 Resolution Agreement.

In the summer of 2019, the OCR attorney told me that their office was understaffed but they hope to complete their review of the 504 Manual prior to the start of the 2019-2020 school year. Of course, that didn’t happen. OCR didn’t notify Fox until February 2020 that their recent changes to the 504 manual finally met the terms of the May 2009 and 2018 Resolution Agreements.

ED OCR Failed Students At Fox For More Than a Decade
It would be safe to say that ED OCR’s enforcement of the May 2009 and March 2018 Resolution Agreements with Fox probably wouldn’t have happened if I hadn’t kept calling OCR’s directors and attorneys for more than a decade checking on the progress of their enforcement of the Resolution Agreements. It’s a great example of just how easy it is for school districts to get around Section 504 law for years.

I need to write about my conversation with the ED OCR attorney in May 2020 when I asked her why it nearly a decade to complete a simple District Wide Compliance Review and why OCR wasn't following their case processing manual to bring about enforcement.

In the meantime, a lot of legal fees were billed to the district for responses to OCR requests and refusals by district attorneys to change the language in school board policies and the district’s 504 Manual as requested by OCR.

There were also legal fees for 504 meetings, Due Process Hearings and for helping with a "press release" article that appeared in the Post Dispatch in August 2010 after our Due Process Hearing as well as legal fees charged for reading my blog.

In all, Fox spent more than $100,000 in legal fees between 2008 and 2020 because of the removal of a 504 plan and subsequent refusal to reinstate that 504 plan. The amount of legal fees is based upon my review of bill payment records posted online and obtained via Sunshine Requests. The tactics used and the amount of effort to get around Section 504 law was quite amazing.

Superintendent Dr. Nisha Pitel has done a great job over the past couple of years highlighting our staff and students. I was very disappointed when she announced that she would be leaving our district.

Superintendent Dr. Fregeau's Meet and Greet Presentation to the Community
At the same time, I'm very encouraged by the choice of Dr. Paul Fregeau as Fox's next superintendent after watching his meet and greet presentation on Fox's YouTube channel as well as what I found and read on the Decatur Public Schools website. I highly recommend watching Dr. Fregeau's meet and greet presentation.

One significant point during Dr. Fregeau's meet and greet presentation was when he spoke about his integrity and promised the community that he would never embarrass the district.

Dr. Fregeau had done his homework and had either read or heard about the problems that had occurred during the Dianne Brown Critchlow era at Fox and the embarrassment she brought to our community and the Fox C-6 School District.

The July 2013 article linked below documents some of the pushback I received for my efforts to improve transparency in our district and hold people accountable. It also puts into perspective just how much has improved since Critchlow was ousted in 2014.

School board meetings weren't audio or video recorded during Critchlow's tenure. I recorded them when I attended and when I spoke during public comments in order to have an accurate record of what was said at the meetings and the responses I received, if any.



Saturday, August 1, 2015

Fox's Ongoing District Wide Compliance Review

On July 28, 2015 I received a response from the U.S. Department of Education's Office for Civil Rights (ED OCR) to my June 2, 2015 Freedom Of Information Act (FOIA) request regarding the status of Fox C-6's March 2010 District Wide Compliance Review.

The response came from Bill Dittmeier, the Director of the the Kansas City ED OCR office.

Bill Dittmeier's response stated that Fox's District Wide Compliance Review is still "an open investigation". It's difficult to believe that Fox is still under "an open investigation" after five and a half years considering that the Memphis City School District in Tennessee underwent the exact same investigation in March 2010 and resulted in the district signing a Resolution Agreement in January 2012.

There seems to be a pattern of compliance reviews remaining open for years that were handled by the Kansas City ED OCR office. An August 22, 2012 FOIA request to ED OCR was responded to on May 3, 2013 which listed 3 open compliance reviews in the Kansas City ED OCR office. Two of the open compliance reviews had been open investigations from 2009. They were for the Bayless and Cape Girardeau school districts. The third compliance review was the Fox C-6 compliance review which was opened in March 2010.

Two years ago at the June 2013 Fox C-6 school board meeting, I asked Fox's school board about the status of Fox's District Wide Compliance Review investigation and the status of the district's Resolution Agreement with ED OCR that Dan Baker signed in May 2009 during Public Comments.

I wrote about these open in issues with ED OCR in a July 6, 2013 article. That article also listed the numerous "monitoring letters" sent to the district over the years following up on the district's May 2009 Resolution Agreement:


Using the link below, you can read several years of FOIA request responses from the Kansas City ED OCR office regarding Fox's open compliance review. The July 28, 2015 FOIA response was the first from Bill Dittmeier who succeeded Angela Bennett as the Director of the Kansas CIty ED OCR office in 2014.

Below is an excerpt from Bill Dittmeier's FOIA response:
The compliance review concerning the Fox C-6 School District is an open investigation. OCR has determined that the release of the information you have requested at this time could reasonably be expected to interfere with our enforcement activities. In addition, the information you have requested includes personally identifiable information that, if released, could be unwarranted invasion of personal privacy. Therefore, OCR is denying your request.

You may be wondering why Fox would still be under investigation after nearly five and a half years.

Is this something that our community should be concerned about?

From a financial point of view, it is a concern because the district has spent tens of thousands of dollars over the past 6 years in legal fees. District attorneys responded to monitoring letters, worked on updating district policies to get the district in compliance with federal law and prepared Dan Baker, school staff and the Fox C-6 school board for interviews in the fall of 2010 according to Fox's legal bills that I received via a Sunshine Law request in August 2014. I didn't receive copies of the legal bills until April 2015. I also didn't receive all of the bills I requested because according to Fox's CFO, bills were destroyed prior to the 2010-2011 school year.

I wondered the same thing considering that Fox was only 1 of 2 school districts out of more than 13,000 school districts in the United States that were chosen to undergo a District Wide Compliance Review for one particular issue in 2010.

It's also interesting that in a 2013 FOIA request to ED OCR made by someone in Kansas City Missouri that it was documented that there were 2 other school districts in our state that had "open compliance reviews" dating back to July 2009. There were for the Bayless School District and the Cape Girardeau School District. So Fox is not alone in this matter. I have also been told that there are open compliance reviews in the Kansas City ED OCR office in Kansas and Oklahoma as well.

Fox's Compliance Review Noted in Report to the President

In 2012, Fox's 2010 compliance review was referenced in ED OCR's FY 2009-2012 Report to the President and Secretary of Education that was issued in 2012 by former Assistant Secretary for Civil Rights, Russlynn H. Ali. Fox C-6's compliance review is listed on the map on page 5 as FAPE 2010 as a Section 504 compliance review. I'm surprised that Russlyn Ali included Fox's Compliance Review in the report since the investigation hasn't been completed yet.


It is interesting to read ED OCR's statements in the 2009-2012 Report to the President about how OCR must vigorously enforce the nations's civil right's laws.

I'm not sure how many people consider an investigation lasting more than 5 years, "vigorously enforcing the nation's civil rights laws".

Randolph Wills the Director of Enforcement over the Kansas City ED OCR office wrote a letter to Fox C-6's former legal counsel on April 7, 2010. He informed Fox that compliance reviews are designed to address systemic issues and to ensure that violations are readily identified and promptly eliminated:
As OCR explained in its notification letter to the District, compliance reviews are designed to address systemic issues and to ensure that violations are readily identified and promptly eliminated. The instant compliance review is consistent with the stated purpose and goals of OCR compliance review activities. Accordingly, I have determined that the compliance review will proceed.
What's even more interesting is the fact that the other school district, Memphis City School District in Tennessee, that was investigated for the same issue was investigated and agreed to sign a Resolution Agreement with ED OCR in January 2012. ED OCR posted a Press Release in April 2012 about the Memphis City School District's Resolution Agreement along with the Resolution Agreement itself.

Memphis City School District Compliance Resolution Letter
Memphis City School District Compliance Resolution Agreement

Atlanta OCR Completes Compliance Review in 2 Years

It is amazing to how quickly the Atlanta ED OCR office was able to conduct and resolve the issues in the Memphis City School District considering the fact that Memphis City SD had 110,361 students and 191 schools in their district compared to Fox having roughly 11,000 students and less than 20 schools. It causes one to question the abilities and/or ethics of the different Regional ED OCR Offices. It's also notable that Cynthia G. Pierre who signed the Memphis City School District Compliance Resolution letter was recently promoted to the Chief Operating Officer of the EEOC.

In 2010, the Kansas City ED OCR office was assigned to conduct Fox's District Wide Compliance Review. I voiced my concerns to the Washington, D.C. ED OCR office back then about assigning the compliance review to the Kansas City ED OCR office based upon the fact that their didn't appear to be much enforcement effort out of the office based upon my conversation with many other advocates and individuals who had been dealing with the KC ED OCR office for years. But, the fact that Fox has been given extension after extension to meet their obligations on the still open May 2009 Resolution Agreement and the fact that Fox's District Wide Compliance Review is still "an open investigation" after nearly five and a half years, I think my concerns have been validated.

According to Fox's legal bills that were finally provided to in April after multiple Sunshine Requests, Dan Baker and some Fox C-6 staff and Fox's school board was interviewed by ED OCR in 2010. Fox's former law firm prepared the district and board prior to the interviews and then represented them during the ED OCR interviews.

Please note that I wasn't provided all of the legal bills that I had requested which dated back to the 2007-2008 school year. Those bills would have covered the time that Fox first started dealing with ED OCR in August 2008 on issues in our district.

Legal Bills Destroyed

According to Fox's CFO, John Brazeal, who fulfilled my Sunshine Request in April 2015, he stated that "after an exhaustive search", it has been determined that all paid invoices from the 2007-2010 school years (including invoices from Fox's former law firm) have been previously destroyed.

Legal Bills for Press Release

Reading through the legal bills has been very interesting and very eye opening. Back in May 2010, when the Post Dispatch contacted us out of the blue to do a story on complaints filed in Missouri with ED OCR, there were charges from Fox's former law firm for conferencing with Dan Baker about interviewing with the Post Dispatch. The legal bills noted it as a "press release". There were similar charges referenced as "press release" in August 2010 when the article was published in the Post Dispatch. Dan Baker was quoted saying that he,
"strongly believes the district has handled the situation appropriately. He said the district had spent a lot in legal fees during the dispute, but he did not know an exact amount."

Legal Bill Entries

I found it interesting that the legal bill charges referred to Dan Baker's interview with the Post Dispatch as a "press release".
5/3/2010 - TBG  - Telephone conference with Mr. Dan Baker regarding telephone call from Post-Dispatch.
5/6/2010 - TBG  - Telephone conference with Mr. Dan Baker regarding media contact; review press release. 
8/19/2010 - TBG  - Telephone conference with Mr. Dan Baker regarding Post-Dispatch interview and press release.
There were many more charges related to the "media contact" regarding Sunshine Law requests, etc. in May 2010. But there's no need to list them all here.

Post Dispatch Article Fails To Mention Compliance Review

I also found it interesting when the Post Dispatch article was published in August 2010 that there was no mention of the May 2009 Resolution Agreement that Dan Baker signed legally binding the district to make corrections agreed to with ED OCR in order to become compliant with Section 504 and the ADA AA. Nor was there any mention in the article about Fox undergoing a District Wide Compliance Review which had been initiated in March 2010. Perhaps those were simple oversights or the information just wasn't deemed that important at the time.

Legal Bills For Reviewing My Blog

Some of the other notable charges in the legal bills were from July and August 2013 after I made public comments about the Compliance Review and the Resolution Agreement at the June 2013 Fox C-6 school board meeting. Fox's former law firm contacted ED OCR to get a status on the Resolution Agreement and Compliance Review and prepare a memorandum regarding the Resolution Agreement with ED OCR and the District Wide Compliance Review.

The law firm also charged the district to "Review media postings regarding status of OCR matters" and "Review patron media blog" perhaps to check my facts about the Compliance Review and the Resolution Agreement.

Wednesday, September 3, 2014

Listen to What the Fox C-6 Community Wants in a New Superintendent!

It was incredible to hear so many great comments from the Fox C-6 community at the Superintendent Search Workshop Tuesday September 2, 2014. Our community has a lot of talented and well spoken individuals.

The board workshop was an open forum discussion led by Mr. Brent Underwood who is leading our superintendent search from the Missouri School Board Association (MSBA). He is the former superintendent of Webster Groves. The open forum workshop was held to allow the community to voice what they are are looking for in the next Fox C-6 School District Superintendent.

Mr. Underwood spoke early on (17:44) that 30 people have requested applications for the superintendent's position. He also talked about the recent survey that was posted online for the community regarding the superintendent search. Your dissatisfaction with the survey was heard loud and clear. Everyone knows that all of the traits listed in the survey are very important to the community. You have until September 10th to fill out the online survey or a printed survey and submit your comments. So please do so and let your voice be heard. This is a community effort and it takes community involvement!

There were so many great comments form the community that I had no reason to speak. I highly recommend listening to what the Fox C-6 school board heard from the community. Mr. Scott Reed's comments received the largest applause from the audience. He did an excellent job of summing up so many of the issues in the district and concerns of the community. Mr. Reed's comments begin at 37min 35s into the audio. Public comments started at 16:25 into the audio.

I believe one of the best things that's happened in the Fox C-6 school district since May is that the community has been able to voice their concerns and the school board is listening to those concerns. In the past the school board was not running our board meetings, the superintendent was. Things are different now and the board is listening. The board has to because the community is outraged over what has been allowed to occur within our district over the last 9+ years.

For nearly the last decade, the majority of the Fox C-6 school board members seemed to believe that they worked for the superintendent rather than the community. Our school board member's lack of understanding of what their role was and who they represented is what led to the downfall of our district. The board was not very knowledgable or aware of many of our district's policies and regulations. Even our superintendent and many assistant superintendents were unaware or disregarded school district policies as well.

However, things have changed within the district and many believe that Fox is now moving in a positive direction.

This year will be remembered for decades to come as a major turning point in the Fox C-6 School District.

With the proper leadership, accountability and open communications with the parents and taxpayers in our school district, our community can begin working towards truly becoming a district of excellence and a district of character.

The students, parents, teachers, staff, administrators, school board and community must all work together in choosing the next leader for our school district. It will be the most important decision our school district makes for years to come. Our next school leader must practice what they preach!

After listening to the community at the meeting, the Fox C-6 school board members are now very aware of the community's desires and concerns in choosing the next superintendent for the Fox C-6 School District.

You can listen to the audio from the Open Forum Meeting by clicking on the link below. The audio recording is just over an hour long.


Not all of the Fox C-6 school board members were able to attend tonight's meeting. The following board members were present at the meeting:

Dave Palmer
Dan Kroupa
Vern Sullivan
Dawn Mullins
Cheryl Hermann

John Laughlin and Steve Holloway were unable to attend the meeting but will be able to listen to the audio from the meeting and review the notes taken during the meeting by Assistant Superintendent Dr. Lorenzo Rizzi and Assistant Superintendent Todd Scott.

Fox's new CFO John Brazeal told me after the meeting that my Sunshine Requests and dissemination of that information has generated a lot more requests for data. Had our former superintendent been fully transparent rather than attempting to hide or make access to information difficult, we probably wouldn't have had to have a meeting like this in order to get community feedback.

Leah Thorsen of the St. Louis Post Dispatch published a story about the the meeting as well.

I always wonder if things would have changed years earlier if the media had reported about the District Wide Compliance Review from March 2010 rather than allowing the district to hide that information for years. That's what is referred to as Willful Blindness! The TED Talk about Willful Blindness is worth watching.