Freedom of Speech Lawsuit Neva King Principals v. MDPS

Fernanadez Cristobol Ramirez v. Miami Dade Public Schools

US Federal Judge Gayles denies MD-School Distict's attornies motion to dismiss the trial for trampling over the Freedome of Expression Rights of Principals at Neva King Cooper Special Needs School in Homestead, Florida in 2012.   

The Federal case surrounds the allegation by School Principals Fernandez and Cristobol claiming to be unwarrented reprisals and intimidated for proposing a conversion to charter solution to recent budget cuts to their school. Top School Board official Ana Rasco and others reassigned and demoted bothe Principal , Vice Principal and special needs specialist named as plaintiffs. MDPS school officials by "invading the campus as surveillence team" to monitor NKC school staff for simply researching the possibility of converting the primary school to charter school. The vote never occurred.  What did occur is abusive use of power as these two Principals and staffer with doctoral and graduate degrees were reassigned to menial tasks and demoted for thier attempts to improve the fiscals condition at Neva King Cooper. Now removed from Neva King Cooper and threatened with a gag order to not speak to anyone from school community the following was evidenced: excerpts from the various press reported : 

Principal Fernandez was reassigned to: the Miami-Dade County Public School's "Stores and Mail Distribution" where his responsibilities consisted of "sorting and packaging crayons; organizing car keys; packaging small mops; and sorting mail."Assistant Principal Cristobol, who had been employed at the school for 15 years and holds a master's degree in educational leadership, was transferred the county "Department of Transportation, Vehicle Maintenance" where he spent his time "scanning a pile of documents."

With no other assignments to perform, Mr. Cristobol spent the remainder of each workday (approximately seven hours) sitting in a small, sparsely furnished room.

Eventually, after "pleas for additional work" he was permitted to conduct inventories of auto parts.

A lower-level school employee who had under instruction of the principal conducted research on converting to a charter school was also involuntarily transferred to a new position.

Ms. Ramirez spent the entirety of her first week removing staples from seemingly endless piles of documents—items she was required to scan during the remainder of her assignment. Not surprisingly, Ms. Ramirez was troubled by the menial nature of these new duties, which were plainly incompatible with her professional qualifications (a master's degree in early childhood special education) and years of experience. Indeed, Ms. Ramirez was so distraught that she would occasionally retreat from her work area to the restroom, where she would cry in solitude. 

After all three filed complaints with the Florida Department of Education, the Education Commissioner ruled:

For the first time in Florida's history that there was probable cause a district had retaliated against its employees for pursuing a charter school conversion.[END]

The Judge Darren Gayles noted in his order that Intimidation tactics by Miami-Dade School District Officials is a pattern as evidence to similar occurrence at the KB K8 Center. Parents proponents (PTA Pres. Manuel Cambó and VP. Hector Ceballos) the following year whose effort to hold YES vote forum was squashed by MDPS after a formal request was made in writing by their attorney. After forcing Mr. Cambó to resign,  MDPTA held a Parent Forum instead excluding the proponents on Q&A panel in school's cafeteria. The vote was held. Parents 531-31 NO .Teachers in separte ballot 83-0-1 NO.-Nevertheless the legal precedent was set for all parents in Florida. See you in court. óò

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