Tuesday, February 19, 2019

Fox C-6's March 2018 Resolution Agreement and District Wide Compliance Review Letter

The other day I commented on Facebook about the ED OCR Resolution Agreement that Dr. Wipke signed in March 2018. The Resolution Agreement was signed to close the March 2010 District Wide Compliance Review. Mr. Brazeal responded to my comment with the following:
“Yes, it is true that Dr. Wipke, Superintendent, signed a Resolution Agreement as presented by OCR in March 2018. This is standard procedure in closing out a review. However, contrary to what you allege, there were no "findings" showing any violations of federal law. Hence, it is no surprise the news media didn't publish this non-story. Thus, it is not responsible to write "just think how many kids were denied 504 plans" when OCR has made no such finding, despite years of examination.”
This kind of comment from school officials is expected. Fox has been sweeping this problem under the rug for nearly a decade.

On Facebook, I responded to Mr. Brazeal's comment above and documented some of the many things that didn’t make it into the March 2018 District Wide Compliance Review letter or the March 2018 Resolution Agreement.

 The only reason that a district is asked to sign a Resolution Agreement is because OCR found compliance issues while conducting an investigation.

 This wasn't the first time Fox signed a Resolution Agreement with OCR. The district signed one on May 1, 2009 related to the same issues based on a complaint filed in August 2008. The May 2009 Resolution Agreement was "monitored" by ED OCR from May 2009 until August 2014. In August 2014, ED OCR visited Fox to do an Early Complaint Resolution and subsequently reinstated a Section 504 plan that had been removed in September 2008.

18 Actions Items for Fox for No "Findings"
It's important to understand that OCR allows school districts to resolve compliance reviews or complaints prior to the conclusion of an OCR investigation. By doing so, ED OCR does not issue any "findings" as Mr Brazeal pointed out in his response. Saying there were no "findings" is very misleading. It gives the appearance that there was nothing found by OCR during their investigation.

 However, Fox's 15 page Resolution Agreement clearly documents 18 action items that the district has agreed to do in order to fulfill the terms of the Resolution Agreement and become compliant with Section 504 and Title II of the Americans with Disabilities Act of 1990 (ADA). Several of the action items in the March 2018 Resolution Agreement were similar to those in the May 2009 Resolution Agreement.

 Below is a paragraph from the March 2018 Resolution Agreement stating that OCR will not close the monitoring of the Agreement until OCR determines that Fox has fulfilled the terms of the agreement. Therefore, Fox is currently non-compliant.
"The District understands that OCR will not close the monitoring of this Agreement until OCR determines that the District has fulfilled the terms of this Agreement and is in compliance with: the regulation implementing Section 504 at 34 C.F.R. §§ 104.3(j), and 104.35 through 104.37; and the regulation implementing Title II at 28 C.F.R. §§ 35.104 and 35.130, which were at issue in this case."
Just because a school district agrees to do things in a Resolution Agreement is no guarantee that the district will actually fulfill the terms of the agreement. Fox demonstrated that by their actions from the May 2009 Resolution Agreement.

In March 2018, Fox voluntarily agreed to resolve the Compliance Review prior to the conclusion of OCR’s investigation. It will be interesting to see how many years it takes before Fox fulfills the terms of the March 2018 Resolution Agreement.

 Resolution Agreement Not Provided to School Board
Dr. Wipke did not provide a copy of the Resolution Agreement in BoardDocs for Fox's school board members to review. When I asked why not, I was informed that it was an "administrative action". Since the OCR Resolution Agreement deals with complying with federal law, our school board members should have been provided a copy of the Agreement and the Compliance Review letter as well. Having it in BoardDocs would have also made the documents available to the local community.

 Resolution Agreement On ED.GOV
Even though Fox's Resolution Agreement and Compliance Review letter wasn't made available to Fox's school board members or the community, it is available to the general public on ED OCR's website. I have provided links to the documents below:


One of the actions items Fox was required to do was to send out notices to parents and legal guardians of each District Student:
“By September 17, 2018, the District will send a notice to the parent(s)/legal guardian(s) of each District student through the U.S. Postal Service (U.S. mail), or by email, explaining the District’s obligation to conduct a Section 504 evaluation of any student who, because of disability, needs or is believed to need special education or related services to send out notices to everyone in the district.”
Fox completed the above action item in September 2018.



The OCR"s District Wide Compliance Review specifically investigated the following as stated on the first page of the Compliance Review Letter:
"This compliance review assessed whether the District discriminates on the basis of disability against students with food allergies and other health impairments such as diabetes. Specifically, the review addressed whether the District provides individualized health plans to students with food allergies and other health impairments that do not comply with the requirements of Section 504 and Title II, thereby denying those students opportunities to participate in and benefit from the District’s programs and activities that are equal to the opportunities afforded to students without disabilities."
Since it was well documented that ED OCR knew that we were provided an Individualized Health Plan (IHP) instead of a Section 504 plan, it was easy to see why OCR opened a District Wide Compliance Review investigating the practice of providing IHP's instead of Section 504 plans. This pattern of practice had been happening around the country for years as I found in other Resolution Agreements and pointed out in previous articles. The Memphis City School district was caught doing the same thing and signed a Resolution Agreement with OCR in 2012.
8 Years To Conduct A Compliance Review
The "years of examination" that it took to complete Fox's District Wide Compliance Review is quite a story in itself. Parents and advocates who have filed complaints with the Kansas City ED OCR office have experienced and followed their lack of enforcement for more than a decade.

 It took OCR nearly 4 more years after the online defamatory comments scandal became public for OCR to complete their investigation and get the district to sign a Resolution Agreement. During that time, I continually checked in with OCR asking the KC Director and the Regional Enforcement Director when they planned to complete their investigation.

 OCR's 8 year investigation don't seem to follow OCR’s mission statement from their website:

“The mission of the Office for Civil Rights is to ensure equal access to education and to promote educational excellence throughout the nation through vigorous enforcement of civil rights.”

You can't ensure equal access to education when it takes 8 years to investigate problems in a school district.

Students Denied 504 Plans
In my Facebook response to Mr. Brazeal, I also noted the fact that there were students who were denied Section 504 plans in the district between 2008 and 2014. Ours was one of them. My remarks about denying 504 plans are true. We don't know how many students were denied 504's because most parents don't know about Section 504. Plus parents aren't willing to battle their school district because they can't afford attorneys and because they fear retaliation from the district.

 Several parents of students in our district contacted me over the years telling me that their children had been denied Section 504 plans by the district. Some of those students were eventually provided a 504 plan in 2014. That happened after the district changed law firms as well as ousted former superintendent Dianne Critchlow, fired her husband Jamie Critchlow and demoted Dan Baker, Fox's Section 504 Coordinator at the time. The Critchlow's departure and Dan Baker's demotion was related to online defamatory posts that were traced to their homes and directed at me and a couple of others in the district.

 Items Not Documented By ED OCR
ED OCR was made aware of some of the students who were denied Section 504 plans but did not document that fact in the District Wide Compliance Review letter or Resolution Agreement.

 OCR also didn't document the monitoring letters that they sent the district between 2009 and 2013. Those monitoring letters did not reflect well on the district as they noted the numerous times that the district failed to meet the terms of the May 2009 Resolution Agreement. OCR also failed to document any of the online postings that were traced to the homes of district administrators.

 Retaliation by a school district is prohibited by Section 504 law. This is documented on the last page of Fox's District Wide Compliance Review letter:
"Recipients of federal funds are prohibited from intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by federal civil rights law. Complaints alleging such retaliation may be filed with OCR. Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personally identifiable information that could reasonably be expected to constitute an unwarranted invasion of personal privacy if released."
OCR was made aware of the online postings that were being posted on TOPIX for years. OCR was provided copies of the postings that were traced to the homes of our former superintendent and former Section 504 coordinator in 2014. OCR was also provided the comments that were posted online after the "press release" in the Post Dispatch article from August 2010 after the district "won" its Due Process Hearing.

 No Monitoring Letters for Two Years
During ED OCR's "monitoring" of the May 2009 Resolution Agreement, there was more than a two year lapse in their "monitoring" of the district. ED OCR didn't issue any monitoring letters to the district between December 2009 and March 2012. We asked ED OCR numerous times during that two year gap as to when they planned to send new monitoring letters to the district. We also asked as to how many years it would take before they actually enforce the agreement rather than changing the deadlines of the agreement when Fox failed to meet the deadlines that they agreed to.
Ongoing Efforts To Comply with Section 504 and Title II 
One very notable point in the March 2018 Resolution agreement is this statement on the first page of the Resolution Agreement:
"As part of its ongoing efforts to comply with Section 504 and Title II, the District agrees to review and, as needed, amend its Section 504 Manual and Section 504 process to ensure that the Manual and process conform with the requirements set out in the Section 504 and Title II regulations, and are consistent with the Americans with Disabilities Act Amendments Act of 2008."
The statement, "As part of its ongoing efforts to comply with Section 504 and Title II" is a very important statement. It's been more than 10 years since Fox signed the May 2009 Resolution Agreement in which Fox agreed to update its Section 504 Manual and 504 process. However, Fox never fulfilled that part of the agreement. As part of the March 2018 Resolution Agreement, Fox is still working on updating its Section 504 Manual and Section 504 process. How can that be when ED OCR states that they do "vigorous enforcement of civil rights"? Obviously there's a systemic problem at ED OCR regarding enforcement of agreements.
Another item to point out from the March 16, 2018 District Wide Compliance Review letter is the following statement:

“Since the time OCR opened this compliance review in 2010, the District has worked to improve its process for identifying and evaluating students who may be eligible for Section 504 services and protections.”
That statement from the 2018 District Wide Compliance Review letter does not accurately reflect the responses from the district. The statement ignores the fact that the district’s legal counsel refused to update school documents and policies for nearly 4 years as documented by ED OCR in their monitoring letters sent to the district between 2009 and 2013. An article I wrote in July 2013, documents those letters as well as the letters sent to ED OCR from the district’s legal counsel informing ED OCR why they refused to make changes to district policies and documentation that they originally agreed to update.
Press Release In Legal Bills
According to the legal bills from Fox's former law firm (Mickes, Goldman, O'Toole) that I obtained via a Sunshine Request from the district, I discover that the district’s former law firm billed time to review my July 2013 article. The legal bills also documented the many times that Fox's legal counsel helped the district over the years respond to my Public Comments, emails and Sunshine Requests. The legal bills covered May 2010 through June 2014. Legals bills weren't provided for any of the time dating back to 2008 when the attorneys first got involved. My interest in getting copies of legal bills was to determine how many tens of thousands of dollars or more were spent in fighting a Section 504 plan for a student in the district.

The "press release" as noted in the legal bills was for charges in helping to get a story into the Post Dispatch.

The news article ("press release") appeared in the Post Dispatch in August 2010. Comments posted to the online article contained many bullying and threatening comments directed at our family for pursuing a Section 504 plan. The online comments from the Post Dispatch article were forward to both ED OCR and USDA OCR due to the retaliatory nature of those comments. Comments in the Post Dispatch back then were made anonymously and couldn't be traced. However, some of those who commented were identifiable by their remarks.

 Fox's former law firm (Mickes Goldman O'Toole) used the media in many of their school district cases to bully parents. I followed several of their cases across the state over the years and searched for articles related to those cases. Similar comments were posted on those articles as well that were directed at families who pursued Section 504 plans for their children.

If it hadn’t been for my constant follow up with ED OCR over the years checking on the progress of the May 2009 Resolution Agreement and the May 2010 District Wide Compliance Review, the District Wide Compliance Review probably would have never been completed or closed by ED OCR.

 Law Firm Video Told Educators Not To Provide 504 Plans
It also helped that I found a video on the Doster Mickes law firm's website in August 2008 of an attorney giving a presentation at the 2005 Missouri School Law Seminar. The attorney told educators in our state that they should not provide students with food allergies a Section 504 plan even though they may qualify for one.

I knew the family who the attorney was referring to in her presentation. I knew the family because an advocate who had helped us, had also helped them. Their child’s 504 plan was taken away as well during a Due Process Hearing in front of the school board. I contacted the family about the video I had found and they confirmed that the attorney in the video was referring to their case. The family was very upset to learn that their case was being touted by the law firm.

 Video Leads to Statewide Training By USDA OCR
In September 2008, I forwarded a link to the video from the 2005 Missouri School Law Seminar that I had found to both ED OCR and USDA OCR because I knew it wasn't right for attorneys to tell school districts to say deny a Section 504 plan if a student was qualified for one.

 Providing that video to the USDA OCR office led to statewide training by USDA OCR for all Food Nutrition Directors in the state of Missouri. Fox didn't attend the statewide training.
My July 2013 article documented the fact that I spoke at the June 2013 Fox C-6 school board meeting during Public Comments and asked the school board about the March 2010 District Wide Compliance Review and the May 2009 Resolution Agreement.

My Public Comments at the June 2013 school board meeting were documented in the board meeting minutes as, “discussed Board policies and regulations”. School board meeting minutes weren't well documented for a reason and that's why I had been asking for years for Fox's board meetings to be audio and/or video recorded. Not recording school board meetings allowed administration to keep the public in the dark regarding any concerns in the district because, concerns were poorly documented or not documented at all.

My response to Mr. Brazeal also pointed out the numerous times I had contacted ED OCR for 9 years asking them when they planned to complete the March 2010 District Wide Compliance Review or enforce the May 2009 Resolution Agreement. I was informed repeatedly by ED OCR that they were working on it and that they hoped to get it completed soon or in the next several months.
So, the real “story” is, why did it take ED OCR nearly a decade to enforce the May 2009 Resolution Agreement that the district didn’t fulfill?
Monitoring Letters Sent to Fox
Fox agreed to update board policies and 504 manuals, etc. in 2009. That didn’t happen. The District was sent numerous monitoring letters documenting that fact. So, now in March 2018 the District signed a new Resolution Agreement which closed the District Wide Compliance Review before it was completed and gave the district another window of several years to complete and fulfill that agreement while being “monitored” by ED OCR.

The end of the March 8, 2018 Resolution Agreement contains the following 3 paragraphs that outlines that OCR will be monitoring the agreement and that OCR may initiate administrative enforcement or judicial proceedings to enforce the specific terms of the agreement. However, similar language was also included in the May 2009 Resolution Agreement as well but ED OCR never initiated enforcement or judicial proceedings after years of not meeting the terms of the agreement.
"The District understands that OCR will not close the monitoring of this Agreement until OCR determines that the District has fulfilled the terms of this Agreement and is in compliance with: the regulation implementing Section 504 at 34 C.F.R. §§ 104.3(j), and 104.35 through 104.37; and the regulation implementing Title II at 28 C.F.R. §§ 35.104 and 35.130, which were at issue in this case.


The District understands that by signing this Agreement, it agrees to provide data and other information in a timely manner in accordance with the reporting requirements of this Agreement and that all actions taken to comply with the requirements of the Agreement are subject to OCR’s review and approval. Further, the District understands that during the monitoring of this Agreement, if necessary, OCR may visit the District, interview staff and students, and request such additional reports or data as are necessary for OCR to determine whether the District has fulfilled the terms of this Agreement and is in compliance with: the regulation implementing Section 504 at 34 C.F.R. §§ 104.3(j), 104.35 through 104.37; and the regulation implementing Title II at 28 C.F.R. §§ 35.104 and 35.130, which were at issue in this case.

The District understands and acknowledges that OCR may initiate administrative enforcement or judicial proceedings, including to enforce the specific terms and obligations of this Agreement. Before initiating administrative enforcement (34 C.F.R. §§ 100.9, 100.10) or judicial proceedings, including to enforce this Agreement, OCR shall give the District written notice of the alleged breach and sixty (60) calendar days to cure the alleged breach."
The March 16, 2018 District Wide Compliance Review Letter to Fox C-6 is an 11 page letter which details some of the things discovered during their interviews with the district during the 2014-2015 and 2015-2016 school years.

The March 16, 2018 District Wide Compliance Review Letter contains the following paragraph:
"Recipients of federal funds are prohibited from intimidating, threatening, coercing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by federal civil rights law. Complaints alleging such retaliation may be filed with OCR. Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. In the event that OCR receives such a request, it will seek to protect, to the extent provided by law, personally identifiable information that could reasonably be expected to constitute an unwarranted invasion of personal privacy if released."


 Retaliation Violates Section 504
I have pointed the fact that retaliation or bullying is a violation of Section 504 law in numerous articles and to our school board over the years. This is why it was such an important fact when it was discovered that online defamatory posts directed at me were traced to the homes of our former superintendent, former assistant superintendent (who was demoted to elementary principal) and the home of a former assistant principal.

 What's interesting as well is the fact that an incorrect assumption and the forwarding of false information to Fox's former superintendent, Dianne Critchlow by the Lone Dell Elementary principal is what led to the really nasty defamatory online posts that were traced to Fox's former superintendent's home. It wasn't until the principal at Lone Dell apologized to one of the other plaintiffs in our lawsuit for passing on the incorrect information that I was able to confirm who had forwarded the false information to Critchlow. The Lone Dell principal and the teacher who assumed incorrectly that I was involved in the posting of signs in the District were both directly involved in the 504 issues as well.

We filed retaliation complaints with ED OCR, and provided them with copies of the posts and lawsuit. However, nothing became of those retaliation complaints. It makes you wonder what OCR considers retaliation after reading the numerous comments that were posted online and forwarded to ED OCR and USDA OCR.
ED OCR's Lack of Enforcement
The lack of enforcement by ED OCR is a story in itself. I’ve heard the same story from parents around the country who have experienced the same thing in their school districts. When it takes nearly a decade for ED OCR to do “vigorous enforcement” of the law, you quickly learn that ED OCR must be using a different definition of the word “vigorous” than everyone else.
Plus, the fact that ED OCR did not include in their March 16, 2018 District Wide Compliance Review letter any references to the denials of Section 504 plans or when Section 504 plans were taken away from students between August 2008 and June 2014 even though ED OCR was aware of those facts from district documentation and Due Process Hearings. I asked the current Director of the Kansas City ED OCR office why nothing was noted in the District Wide Compliance Review letter from the 2008 to 2014 school years. I didn't get a response to that question.

USDA OCR Non-Compliance Findings
I also noted in my response to Mr. Brazeal that USDA OCR had issued findings that found Fox and Missouri DESE non-compliant with Section 504. That non-compliance letter was issued in August 2011. This was noted in my July 2013 article along with a reference to a copy of the non-compliance letter. I also wrote an article in March 2013 regarding the USDA Non-Compliance Findings.

Perhaps items weren’t documented in the March 16, 2018 District Wide Compliance Review letter for the 2008 through June 2014 time frame because things changed in the district in June 2014. That’s when the district switched law firms, our superintendent was ousted and the district switched Section 504 Coordinators.
Following the ouster of the district’s law firm, in August 2014, ED OCR came and did an Early Complaint Resolution which resulted in the reinstatement of a Section 504 plan that had been removed in September 2008. It took nearly 6 years to reinstate a 504 plan that had been removed. That’s the reason why I have been documenting this process and the numerous things that occurred in our district during that time.

The 504 issues going on in our district is what led to my uncovering of other issues involving our former superintendent. People I’ve told about this over the years find it hard to believe all of the things that went on in our district related to this issue. That’s why I have tried to be very thorough in my documenting of it. It's easy to see why Fox wants to sweep all of this under the rug and keep it hidden from the public.
My July 2013 article, documented how slow ED OCR was at following up and enforcing the May 2009 Resolution Agreement signed by Dan Baker, Fox’s former Section 504 Coordinator. (Current Fox C-6 school board member Vicki Hanson was the Section 504 Coordinator prior to Dan Baker taking over the job when she retired in 2008.)
Another article I wrote in June 2013 pointed out some information sent to me by a parent in the Lee’s Summit School District who had read some of my articles. One thing I did not note in the article back then was the fact that the Lee’s Summit Superintendent was one of the highest paid superintendents in the state and the fact that Fox’s former superintendent Dianne Critchlow was the 4th highest paid superintendent in the state at the time. Critchlow eventually became the 2nd highest paid superintendent in the state when she “retired” in 2014 with a salary of $267,468. The Lee’s Summit superintendent was ousted in May 2016 and was the highest paid superintendent in the state with a compensation package worth $397,000.


Below is a link to the June 2013 which pointed out some of my concerns as to why it was taking the Kansas City ED OCR so long to perform their “vigorous enforcement” of Section 504 law.

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Sunday, January 20, 2019

Why the Fox C-6 Community Wasn't Aware of Problems in the District

So, why wasn't the Fox C-6 community aware of ongoing problems in our school district for such a long time? Why weren't charges filed during the investigation of the state audit findings? I was told that school board meeting minutes were reviewed as part of the investigation. So, the fact that our school board meeting minutes did not contain details about what concerns were being brought to our school board members and district leaders during Public Comment, investigators could only go on what was documented in the minutes. I voiced my concern about the lack of details in board meeting minutes for years and was met with a lot of resistance from our former superintendent on the issue. That's why I always audio recorded my Public Comments because I knew they wouldn't be documented very well in the board meeting minutes. Defending Lack Of Detail In Board Meeting Minutes In defending her position on the lack of detail in our school board meeting minutes, former superintendent Dianne (Critchlow) Salsman sent me the following statement in a September 17, 2013 email:
"Per MSBA council, minutes are not verbatim, it is merely an account of the meeting through the board secretaries eyes."
Below is an example of what Fox's board secretary saw through her eyes and documented for the January 15, 2013 school board meeting that I spoke at. PUBLIC COMMENT AS DOCUMENTED IN BOARD MEETING MINUTES: Rich Simpson - Requested more board information on the district website. PUBLIC COMMENT READ AT THE BOARD MEETING:
Over the last several years I have attempted to encourage you to do the right thing and you have repeatedly failed to do so. I have invested thousands of hours into researching how our school district operates as well as that of other school districts across the state, and across the country. During which, I have gained a tremendous amount of information and knowledge. Much to my disappointment however, I have come to the realization that the school district that I grew up in and loved as a child is not at all what I thought it would be when my children began attending. We have a lot of great teachers in the district, however, the leadership and school board has stifled their abilities to do a great job – even made them fearful for their jobs if they were to express their opinions. Tell me, is this how a school district should be run? I have requested for our community to have board meetings video or audio recorded due to the fact that our board minutes are vague or not always accurate. I have requested that school board meeting information packets be published online prior to school board meetings or after board meetings along with the minutes so our community can be more informed and involved in what is going on within our district. Our school board policies even require that board minutes be accurate and complete and without the board meeting information packets they are not. I have requested that school board member contact information be placed on the district website so our board members would be accessible to the community. All of these things are done in other school districts. 
Why can’t our school district do these things? 
I have never received an answer from our school board as to why these things cannot be done. Our superintendent has informed me that this information is not on our website which I am aware of and that is why I have been asking for it to be. It is my hope that you respect others in our community that may speak at this evening's school board meeting and that the individuals in our school community refrain from making defamatory comments in online forums in the coming days as has been done to me after I have spoken at previous school board meetings. Those who are making the defamatory comments have no business teaching our children, running our school, etc. if they are employees of our school district. I believe that they are, because no one other than those present in this room at those past board meetings had knowledge of who was present and what was said. They are simply playground bullies. Our district has a no bullying policy but it appears that it does not apply to school officials. It is clear that you have embarrassed not only our school district but our community. Our district is not as well respected or as academically advanced as you tout or would like to believe. You may complement each other here and pat yourselves on the back with the thought that you believe that you are doing a great job. However, a growing portion of the community does not share your same point of view and neither does the community of our peers in surrounding school districts. I respectfully request that our current school board members resign and that past board members do not seek re-election. There are administrators that should resign as well so our school district and community can get a fresh start towards building a new and improved school district and one that we can truly be proud of. Thank you!
Of course, there were defamatory comments posted on TOPIX shortly before and after the January 15, 2013 Fox C-6 school board meeting in an attempt to intimidate anyone from speaking at the board meeting. Below is a link to the article I wrote on January 27, 2013 regarding the documenting of school board meetings and how our former superintendent kept the community from knowing what concerns were being brought to our school board. The real question is, why didn't our school board act upon the concerns being brought to them at the time? Online Posts Traced to District Employees
I made sure that our school board members were aware of the online posts being made and that I believed that they were being made by District employees. In 2014, the online defamatory posts were traced to school district computers and school district employees homes. Imagine that! Since I wasn't a District employee, I couldn't be targeted by District leaders like others who have stood up against the district culture. Instead, District leaders had to tackle the problem in the online forums anonymously and by not documenting in detail the concerns being brought to our school board's attention.


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Tuesday, March 27, 2018

The Fox C-6 School Board Election Is Only One Week Away!

The Fox C-6 school board election is only one week away!

Have you read the voters guide for this year's Fox C-6 School Board candidates?

I recommend reading some of the past voters guide articles as well.

I've posted a link to the voters guides below from the Leader Publications website.

Reading through the past voters guides is quite interesting. Not everyone is aware of who board candidates are related to in the school district. Then there's always the connections as to who was helping who get elected such as who their campaign treasurer was during an election. That's another important point to note as well. You won't find campaign treasurers listed in the voters guide. But, it's good information to know.

Board candidates give reasons as to why they should be elected in the voters guides. You can read about some of our previous and current board members as to why they say they should be elected. Compare the reasons they listed with what was allowed to occur. Oversight and accountability is something that's really needed in our school district and has been sorely lacking for more than a decade.

What oversight was there when the credit card misuse and salary over payments were discovered during former superintendent Dianne (Critchlow) Salsman's time as superintendent?

Were any of our current or former school board members interviewed by the FBI during their investigation of the school district?

Dr. Wipke didn't mention that any of our school board members were interviewed by the FBI in the January 26, 2017 Arnold-Imperial Leader news article nor was there any mention of it by Leader writer, Kim Robertson.

Dr. Wipke stated in the January 26, 2017 Leader that:
"The FBI talked to employees, and the auditor did a full audit, and all our employees had an obligation to answer their questions to the fullest of their knowledge and turn over any documents and information they had. It’s been a time-staking process to go through all these investigations. I know it’s something that was desperately needed to be done, and all of our employees fully cooperated with any entity asking questions.”

If school board members had been interviewed by the FBI, they would have been able to speak about the numerous requests I made to our school board over the years for the district to post bill payments and budget documents on the district website for the public to review. They would have also been able speak about my numerous requests I made to review credit card statements in 2014 after the district had paid out nearly $2 million in credit card payments.

Our school board needs to get a copy of the FBI report for the public to review. We've only been able to get a copy of the Jefferson County Sheriff's Office investigation report so far. That's the report that Fox's former school board secretary Debby Davis said that she wasn't going to throw Dianne under the bus.

The FBI report should also be able to explain why the U.S. Attorney's office and St. Charles Prosecuting Attorney Tim Lohmar didn't file criminal charges in the case despite what was uncovered and documented in the 2016 State Auditor's report.

It's certainly odd that charges weren't filed in Fox's case when others are routinely charged for the same type of misuse of public funds in other school districts and public entities.

Four of Fox's current school board members were on the board when online defamatory posts were traced back to our former superintendent's home and when the credit card misuse was discovered in 2014. However, they still agreed to pay out $130,000 to our former superintendent when she "retired" from the district. Why?

School board elections can greatly affect whether or not people will be held accountable for their actions. A great deal of that depends on who the candidates are friends with or who they have worked with in the past.

Below are links to some of the past Fox C-6 School Board Candidate Voters Guides:

2018 Fox C-6 School Board Candidate Voters Guide


























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Monday, September 4, 2017

Jefferson County Sheriff's Office Investigation Report Narratives of the Critchlow Case

At the bottom of this post is a link to a copy of the complete Jefferson County Sheriff's Office Investigation Report in PDF format for downloading and reviewing.

The Jefferson County Sheriff’s Office (JCSO) investigation was a result of the findings released in 2016 by the Missouri State Auditor from a state audit of the Fox C-6 School District which took roughly 18 months to complete.

The State Auditor’s findings raised a lot of questions but didn’t provide a lot of details. You can view the State Audit using the link below:

The district informed the community in a June 2016 document that they were currently working on recovering funds from the Critchlow's and Mark McCutchen for excessive compensation as well as misuse of school district credit cards. As far as I know those funds still haven't been recovered.

The Jefferson County Sheriff's Office investigation's Incident Report provides a little more insight than the state audit report

The Incident Report from JCSO does not contain any interviews with former Fox C-6 superintendent Dianne Critchlow, her husband Jamie Critchlow or Mark McCutchen (Fox’s former CFO).

In fact, reading the Jefferson County Sheriff’s Office Incident Report raises even more questions.

As I reviewed the JCSO’s Incident Report several times over the past couple of days, I started highlighting portions of the report that stood out to me. I had been requesting for years in emails and at school board meetings that the district be more transparent.

Because of the lack of transparency, the community didn't really know that there were any issues or problems.

And, because of the toxic office environment, people were afraid to question things that didn't seem right.

Critchlow Had The Board Sign Off On Things
Dianne Critchlow had the board sign off on things. However, it appears that she didn’t always provide the information that they needed in order to perform proper oversight. Like, not providing the board with credit card statements each month in their board packets. Not even the accounts payable person was provided a copy according to the Incident Report.

There’s really so much that could be written about the report after reading it, but it would take hours and hours. I’ve already written numerous times about the issues dealing with the credit card misuse and the difficulties that I had in getting copies of the school district's credit card statements.

I went to board meeting after board meeting requesting that documents get posted to the district website so the public could review them like they do in other districts. That fell upon deaf ears until right before the “retirement” of former Fox C-6 superintendent Dianne Critchlow.

Check Out Page 32 of the Incident Report
Check out page 32 of the Incident Report because it documents how Dianne Critchlow reimbursed “numerous individuals” with “Holiday Days” as a reimbursement for them giving back their raises to the district. It was a good PR piece for the district, but it just doesn’t feel the same after reading the report.

Below are links to a copy of the Jefferson County Sheriff’s Office Incident Report related to the investigation of the Fox C-6 State Audit Findings and Dianne Critchlow. I removed 3 pages from the original Incident Report that I was provided from JCSO. The 3 pages removed were the Persons portion of the report. Those pages did not contain any narrative. The Persons pages only contained information such as name, address, SSN (redacted by JCSO), DOB (redacted by JCSO), age, gender, telephone # (redacted by JCSO), weight, height, hair color, eye color and drivers license number.

The Jefferson County Sheriff's Office Incident Report is part of what the prosecuting attorneys reviewed when deciding whether or not any criminal charges should be filed in the case.




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Saturday, September 2, 2017

The Jefferson County Sheriff's Office Law Enforcement Records - Tim Crutchley Interview

The Jefferson County Sheriff's Office Law Enforcement Records Management System software tracks individual Narratives for interviews or evidence gathering conducted by the Sheriff's Office for an Incident Report. The Incident Report is assigned a Case Number.

The Case Number for the Critchlow Case is: 201619044. There were 14 Narratives in the Incident Report provided to me.

The first Incident Narrative in the Incident Report was an interview with Tim Crutchley who took over as "Interim Superintendent" of Fox C-6 after the departure of former superintendent Dianne Critchlow.
In Tim Crutchley's interview he mentions Dianne Critchlow, Jamie Critchlow, Pete Nicholas, Deborah Davis and Mark McCutchen.

One of the most notable narratives documented in the report from Tim Crutchley was :
"Tim advised cash from entry fees at school football games was taken home by Dianne, which was never counted or logged in any way."
I also found it interesting that Mr. Crutchley mentioned the 2012 Bond Issue money during his interview and the difference between what was budgeted and what was requested. I wrote about this issue back in July 2012.

It's one of the reasons I was sent a Cease and Desist letter from Dianne Critchlow:
Documents Redacted by the Sheriff's Office
The documents I received from the Jefferson County Sheriff's Office are public records and were redacted by the Sheriff's Office to obscure Social Security Numbers, Date of Birth and Phone Numbers. It's important for the Fox C-6 community to see what was reviewed by the various prosecuting attorneys since no charges were filed in this case. I believe that most people in the Fox C-6 community and even outside the community find it difficult to understand and digest just what was collected by the Sheriff's Office collected and recorded into the Incident Reports. I wasn't provided copies of additional documents that were collected by JCSO.

Examples of some of the documents collected:
  • Closed Session school board meeting minutes
  • emails
  • copies of employment contracts
  • tax records from Dianne Critchlow's personnel file
  • hard drives from the school district.
I'm curious as to why interviews weren't conducted with Dianne Critchlow, Jamie Critchlow or Mark McCutchen. Their names were listed in the Persons segment of the Incident Report but there weren't any Narratives documented for them.

Need A Copy of the FBI Report
It's important that community obtains a copy of the FBI's Report which was reviewed by the prosecuting attorneys in order to get a more complete picture of what was uncovered.
Below is a link to a copy of the Jefferson County Sheriff's Incident Narrative Report of Tim Crutchley's interview in PDF format.

I used PDF-XChange Editor software by Tracker Software Products to perform Optical Character Recognition (OCR) on the scanned PDF document that was emailed to me from the Sheriff's Office. Performing an OCR scan of the document makes the document text searchable. Otherwise, the Incident Reports are as I received them from the Jefferson County Sheriff's Office.
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