Parents Confront BOE on Walsh Bullying Problem

The Board of Education (BOE) Wednesday night faced a barrage of emotional comments and criticism from Walsh Intermediate School parents whose children have been the victims of bullying, allegedly by a seventh grade ​“Project Choice” student. Project Choice is a longtime program that enables the two-way movement of urban and suburban students in the areas neighboring Connecticut’s three largest cities.

The parents spoke during the public comments segment of the meeting, preceded by the warning from BOE chair Michael Krause that individual students could not be discussed and that the incidents will be investigated and actions taken as deemed appropriate. He said the board was not going to offer specific responses to the parents’ comments.

Branford schools began drafting a bullying plan in January 2011 and sought input from parents, teachers, and students.

The plan called for a safe school climate coordinator, a position that subsequently went to Dianne Dadio, who is the dean of students at Branford High School. The current safe school climate coordinator is Lisa Alberino.

The school system now has a clearly stated policy on its website that defines bullying, the disciplinary measures, and the process for reporting, along with staff and administration responsibilities and intervention strategies.

The state Department of Education has posted Connecticut laws concerning bullying, a plain-language explanation of bullying, and information about resources and programs on its website.

On Wednesday night, comments were heard from eight individuals including a graduating senior who had been bullied. All were critical of the way the school administration has handled the problem. They were not part of any organized group and spoke in response to the situation.

The most detailed case centered on a student currently enrolled at Walsh Intermediate School who was allegedly punched and kicked in a school locker room.

Orit Avizov said her son had experienced a ​“serious assault” on Jan. 22 and was the victim of a hate crime based on his religion. She said the offender had been suspended but was brought back in. ​“My son is in fear,” she said. ​“You need to follow correct procedures.” The incident was captured on video, which the family has sought to view. There were witness statements as well.

Avizov was joined by Adrienne Serra, who said complaints have been filed with the board, the US Department of Justice (Serra said later that the USDJ has not responded to her March 2 letter), and the State Department of Education. She has been serving as an advocate for Avizov, who is also hearing impaired, and her son.

She said that the situation is not acceptable, adding that it’s a ​“hostile environment” and that the state would come in to help if asked.

Serra said Avizov’s son experienced a hate crime based on religion and the state doesn’t like labeling something as a hate crime because it becomes a political issue. The state has to be invited by school district to hear the matter, she said. Serra explained that three students took part in the assault. Two of them apologized, which means that the incident has been verified.

John Groves, the father of a eighth grader and a fourth grader at Walsh, said the board should ​“look long and hard about removing this child from school… the problem will not go away for the summer… you need to take action.” He added that parents deserve a response from the Board of Education. ​“You have a serious issue on your hands,” he said. ​“What would you tell your kids? These people deserve some answers.”

In an interview after the meeting, Superintendent of Schools Hamlet Hernandez reiterated that he could not comment on Avizov’s case due to the Family Educational Rights and Privacy Act (FERPA), which protects the privacy of student educational records. He would not say whether police had been called. However, he acknowledged that the stories are different and told the Eagle that no hate crime was committed.

He said it’s not up to the board to make a decision on the matter. ​“There’s no educational interest for the board,” he said. ​“It’s an administrative issue.

“It’s not a matter of transparency,” he added. ​“It’s a matter of following the law. I’m confident our schools are safe.”

Parents Voice Their Concerns

Nicole McKiernan read a letter she had submitted to the board detailing physical and verbal threats on her child; she said he was attacked in art class and she was not notified. She said the individual was a ​“frequent offender” and she feels her child is not safe per BOE policies. She said the individual has ​“an ongoing campaign to harm,” adding that the offender ​“is in need of serious help.”

McKiernan added that there’s ​“an inability to enforce the bullying policy you have created that should provide a fear free and safe environment.”

Tara Moriarty said her son was also a victim. ​“Every day I wonder if he’s all right.” She said that the offender is supposed to be with a teacher or aide all times and despite that, he still verbally assaulted her son. Later, she said, he saw the offender without a teacher. She said the situation is inconsistent and not safe.

Moriarty said there were ​“numerous cases of violence… you need to be proactive, not reactive.” She added that by policy Project Choice students must remain in the system. ​“What about five years from now?” She said it was believed the offender was part of a gang in New Haven. She also said her son was choked and held down, then chased into art class. ​“It’s not only about the child, it’s about the way it’s handled.” She, too, wasn’t told about the incident, adding, ​“Discipline is not effective.”

A graduating high school student said that she had been a victim of bullying earlier that caused her to lose confidence. She said she hopes she can trust to board to do something.

Michelle Hackley said her daughter says nothing about school. She said that she comes home and hides in her books; however she did ask about learning self-defense. ​“We need a public forum,” she said. ​“Kids should be secure.”

Sal Mozareno described himself as an outsider and encouraged the board to ​“do the right thing.”

BOE Chair Responds

After the public comments, Krause said, ​“We will take these concerns to heart. We will meet with parents, and there will be a full investigation.” He added that the Superintendent of Schools is already investigating. ​“We’ll make sure all students will be safe,” he said.

“How long will that take?” asked a parent who had spoken earlier. ​“When?” It was noted that the most recent attack had taken place nine days earlier.

Krause said they will investigate each claim.

Mozareno accused the board of speaking ​“politically, not compassionately,” but Hernandez said he will not engage in conversation.

Krause said the superintendent will report back to him. ​“We’ll make sure policy is followed.”

An Advocate’s Efforts

Adrienne Serra, who spoke at last night’s meeting, is a longtime advocate for school safety.

Serra and her husband grew up in Branford; they now live in Wallingford. Her son, who is deaf, is now 19. Back when her son was in preschool she said she filed a lawsuit because little was done to accommodate his needs, she said in an interview. The lawsuit brought about changes for kids who are deaf or hard of hearing, she said.

The family subsequently moved to Cheshire, where her son experienced bullying that has left him suicidal and with PTSD. As a result, Serra said he was educated in the library, one on one.

Serra is involved with the fledgling organization, Connecticut Kids First, which works with legislators to create meaningful legislation to protect children at risk.

A Chain of Reporting

Serra said there is a chain of reporting for bullying incidents. The incident is reported to the teacher and upon reporting, the school has 48 hours to investigate. Then, a decision is made based on investigative measures. Upon that decision, the district is able to investigate themselves, and then ultimately make a decision to verify or not. ​“By not verifying, it’s like it never happened and they don’t have to report it to the state department of education.” Serra describes that as ​“deflection 101.”

Hernandez is well versed in the law, she said, but from her point of view it doesn’t appear that he implements it. According to the board, she said, ​“You can’t name names – it’s the law – they use that to protect themselves. Districts are relying are people who don’t have the money to hire an attorney – it’s not quick and easy.”

A ​“Legal Labyrinth”

“It’s a legal labyrinth,” she said. She added that it costs a lot of money and in her view the process is made as difficult as possible.

Serra said the board has the power to make a decision and hold a hearing. But, she said they’re afraid that there may be a lawsuit. If the child has something that causes him to act out as a result of a disability under the special education laws, the school is required to hold a hearing before the expulsion hearing to determine if the perpetrator’s actions are the result of his disability, called a manifest determination hearing.

“As a result he would not be suspended for more than 10 days and a plan must be developed to modify his behavior. They may move him to another educational setting, but only if it can show that the perpetrator cannot receive and appropriate education in the school where he currently is.” She said the Connecticut Parent Advocacy Center is an excellent resource; John M Flanders is the executive director.

Serra said that the only way you can sue a school district is due to wanton and reckless negligence. ​“If a school knows what is happening, it’s perpetrating it,” she said. ​“For children who are considered ​‘protected’ there’s a statute of limitations (two years). That needs to be extended.”

She said there was a bill introduced in the state assembly’s Education Committee to create a task force to review, streamline and align state polices regarding school climate, bullying, school safety, and social and emotional learning. She said that professionals are on task force and parents should be as well. The bill would seek a unified, timely, and appropriate response to such problems.

Serra said that the scary part of situations such as bullying is that parents will not feel safe sending their kids to school. As a result they will home school their children, may not pay taxes, and demand to be paid for educating their children.

And then there’s the fear of retaliation – from the perpetrator and the possibility of a lawsuit from the perpetrator’s parents – which also governs the reaction of the school system, teachers, and parents, she told the Eagle. .

“The school district must provide a safe school climate,” she said. ​“Protecting perpetrator over victim is against the law.”

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