Saturday, November 21, 2015

Harassment Lawsuit Anyone?

When your school is being destroyed by the dictatorial advice of fake teacher programs (Relay) aided and abetted by the Colorado Department of Education all under absolutely fear mongering mandates that force you into silence what is one to do? Do you stay quiet and simply let it all go down as they have planned? Or, do you speak up, refuse to do as asked, and risk getting fired? And when you speak up, you do so knowing that there is absolutely no one there to stop this train as it has left the station. It's guaranteed you'll get knocked down and run over on the tracks. You will be a casualty. That's the hard cold truth facing many teachers today. And then, you'll be replaced. And will these replacements care for the children like you did? Or will they be products of fake teacher programs and will they force your children to walk in lines without moving their arms and spend days on end doing online test prep? Perhaps Dawn Neely Randall is on the right track here? Neely-Randall vs. State of Ohio? Peer Discriminatory Harassment?

Sounds damn good to me. Email me at after reading this if it sounds good to you too. 

She writes:

Neely-Randall vs. State of Ohio

Peer Discriminatory Harassment:

This past week, as I was completing an online training module assigned by the Ohio Department of Education via a required harassment/bullying video (so we could know the state laws within the classroom context), the definition of harassment given included to 1) have an intent to harm; 2) be directed at a specific target; and 3) involve repeated incidents. I learned that legally, harassment focuses on how the behavior affects the victim.

As a teacher in the State of Ohio, I suddenly realized that I am being harassed by the Ohio Department of Education's own legal definition as well as from legislators who are passing harmful laws to hurt me as well as many harmful laws that hurt my students, which totally, unequivocally knock the wind right out of me.

The state is asking teachers to educate and test students in ways that many of us do not feel is morally correct or developmentally appropriate. For instance, very shortly, some districts will test 3rd graders (a test they must pass in order to pass third grade; another form of harassment) for three hours straight. So, eight year olds, will sit at a computer for THREE HOURS STRAIGHT taking a high-stakes (high-pressure situation) English Language Arts test so they can pass third-grade, even though, they are only beginning their second quarter of third-grade. Harassment, much?

In addition, "preliminary" raw data was finally released by the state from PARCC. A woman could have conceived, grown, and birthed a baby in less time than it took for students to have received their scores from the state based on their LAST year's testing. Oh, wait. Students STILL have not received their scores and the school's "grade card" is not due out until at least the end of January. Yet, the media is already reporting these raw, preliminary numbers, which, in effect, label teachers and schools. Districts in poverty zip codes are looking like failures whereas schools in more affluent zip codes look like they have better teachers. The scores also do not account for if a student made tremendous growth from the time he/she walked into the classroom and instead, labeled the child as "Basic" or "Limited" aka, failures. Labels hurt. Labels don't go away. Labels on children is a form of harassment.

Our Ohio Department of Education is a mess. State superintendents do not stick around long. Even when I called the ODE to ask about the new AIR tests, the person answering the phone asked me, "Is that spelled A-I-R?" Um, yes, yes it is. It seems that everyone there should know PARCC and AIR by now; especially at the state level.

The charter scrubbing scandal is also a mess. Urban public schools are constantly being told they are FAILING and being threatened with state takeover while the Ohio Department of Education falsified charter information not only to the citizens of the state, but also to the United States Department of Education, and continued to label schools and did nothing to press charges against the person(s) falsifying the data, even though teachers in another state are IN JAIL for doing the same thing.

And on and on and on and on. (I haven't even mentioned the Ohio Teacher Evaluation System where it took me eight hours to write one lesson plan and a process in which teachers are labeled at the state level based in large part on test scores.)

Bottom line: I feel harassed by the Ohio Department of Education. I feel abused. I feel heartsick with what they are asking us to do in education and the hoops they are requiring us to put our students through. When a special ed student pulls out every eyelash during testing, that's a problem. When a fifth-grade student breaks down blubbering during a high-states test, that's a problem. When a child on an Individualized Instruction Plan calls the State of Ohio HIMSELF (with his parents' help) THREE times because he feels so convicted about how wrong he is being treated and the Ohio Department of Education does not have the decency to return his message, that's a problem.

And during the high school years, in which it should be a students' glory days and life preparation time, they are putting students, who are already being slammed by society, under tremendous stress and pressure by making teenagers the guinea pigs for their constant shifting of requirements for graduation.

Yes, I feel harassed and finally, I'm going to do something about it.
I will be looking for an attorney to represent me in a lawsuit against anyone harming the children, and thus, me, on my watch.
If you, too, feel harassed, please feel free to send me a note. (I've already heard from several people.)

If you know of an attorney, legislator, anyone who can help me to get this process off the ground, I'd really appreciate it.

I will be calling my union for help first. However, this is not on behalf of my amazing school or my supportive superintendent. This is on behalf of me, myself, and I. The state has crossed the line many times in the past few years, but their Peer Discriminatory Harassment online module taught me that I, too, am a victim of abuse. I will use their words in this lawsuit, not mine.

On behalf of teachers all across the state, I'm not going to let them blacken my reputation or bruise me any longer. Feel free to join me.

Stay tuned.

Read more about Dawn Neely Randall here. Many thanks Dawn and I'll be in touch.


  1. Does this have to be done state by state or can it be done on a national level? I am in.

  2. YES! I am in, too.

    Add to this that the State of Ohio violates its own laws when using assessments to evaluate teachers:

    Standards for the Ethical Use of Tests, per ORC Chapter 3301-7-01.

    (D) Except as specifically permitted by written instructions provided by the developer of an assessment, by the department of education, or by Chapter 3301-13 of the Administrative Code pertaining to accommodations and/or alternate assessment, each participating school shall use, but not be limited to, the following standards that define the types of practices related to administering and/or scoring assessments that are unethical and/or inappropriate:
    (1) Any assessment used for purposes other than that for which it was intended;
    (2) Any practice that results in a potential conflict of interest or one that exerts undue influence on a person administering and/or scoring an assessment, either making or appearing to make an assessment process unfair to some examinees;
    (3) Except for accommodations and/or alternate assessments expressly permitted under Chapter 3301-13 of the Administrative Code, any change in procedures for administering and/or scoring an assessment that results in a nonstandard condition for one or more students;
    (5) Any administration and/or scoring practice that may produce a result contaminated by a factor not relevant to the purpose(s) of an assessment;

    (E) In monitoring practices related to interpreting and/or using any result of an assessment, each participating school shall use, but not be limited to, the following standards that define the types of practices that are unethical and/or inappropriate:
    (1) Providing interpretations of and/or using any result of an assessment in a manner and/or for a purpose that was not intended

  3. Of course it is bullying and harassment. I have long advocated reporting child abuse to Child and Family Services every time a child shows distress at testing time.

  4. Surely there is something in the idea of taking test-based Child Abuse cases to our highest courts? Especially as we are hoping to see a change in the court's makeup next year?