Saturday, October 15, 2016

[ FULL TEXT } of Judge Darrin Gayle Order in Feranandez, Cristbol, Ramirez v School Board of MDPS

Federal Judges Darin Gayles Order in Fernandez v School Board of Miami -Dade

Dear School-Choice Parents, 

The moment we have been waiting for to reinvent the public school system is here. Amend Florida's Parent Empowerment Law to facilitate a fair and transparent conversion to Parental Guardship of any County District-run school in the State of Florida. 

The two incidents of parent and principals seeking to just that has been met with intimidation by School Board of Miami-Dade County in the circumstance of Neva King Cooper Special needs School in Homestead and Key Biscayne K8 Center in the Village of Key Biscayne Florida. In both cases, the denial of denial of Freedom of Speech and Assembly have cited by Federal Judge Darrin Gayles of the Civil Rights Division. In both instances, a poorly written Florida Parent Empowerment Law 1002.33 (3b) allowed for the intimidation of proponents and their children to occur. 

From page 9 of the Judge's order [CUT and PASTE] : Also during the investigation, on July 13, 2012, each Plaintiff filed a complaint for unlawful reprisal pursuant to Fla. Stat. § 1002.33(4) with the Florida Department of Education (the "Department"). Id. ¶ 29. These complaints triggered an investigation by the Department's Office of Inspector General. Id. On April 12, 2013, the Department terminated its investigation with a "finding that reasonable grounds exist to believe that an unlawful reprisal has occurred, is occurring, or is to be taken." Id. ¶ 44. The Commissioner of Education informed Superintendent Carvalho that the Plaintiffs' complaints would be forwarded to the Division of Administrative Hearings (the "DOAH"), which would conduct a formal hearing. Id.The DOAH's final administrative hearing took place in January and February 2014. At its conclusion, the administrative law judge entered a recommended order finding that the District committed an unlawful reprisal against each Plaintiff in violation of Fla. Stat. § 1002.33(4)Id. ¶

From 7-8 in reference to a culture of intimidation at KB K8 Center :

On January 8, 2013, two parents with children enrolled at Key Biscayne K-8 Center, a Miami-Dade County public school, sent an email to the school's principal requesting her to facilitate a vote to convert the school into a conversion charter school. Id. ¶ 63. In response, the District sent a letter stating that the school principal had not authorized the use of her name in connection with the conversion effort, and that District officials, rather than the principal, would schedule the vote. Id. ¶ 64. District officials then dominated the conversion effort at that school, disseminating flyers regarding the prospective conversion that "presented misleading and incorrect information about funding, employee benefits, and available resources if the school converted to a charter school." Id. ¶ 65. At a parent information session convened to discuss the conversion, District officials again dominated the question-and-answer session, and proponents of the conversion were not permitted to speak. Id. ¶ 66. The District then conducted a teacher and parent vote, and both groups voted not to convert. Id. ¶ 67.

This law in actuality when applied is a Teacher Empowerment Law designed only to Empower Teachers to convert-to-charter status school, not parents. The voting guidelines require two separate ballot boxes and two elections simultaneously where both teachers and parent vote in separate ballots during a five-day election cycle. Thus affording Teachers veto power of the parental 'YES vote' that would defeat the outcome. 

Where in America are elections determined by winning two separate subsets of voting blocs by majority rule? Certainly not for public office? Imagine if Donald Trump after overcoming national media bias, had to win the Majority of women and also the Majority of men to be elected President of the United States? 

It is high time to call your Florida legislator and a call for the amendment of America's only direct ballot based Parent Trigger law Florida Parent Empowerment Law 1002.33 (3b). 

Log on for the [full text ] amendment language to this law and call for its rebranding as the