The District and the teacher are being sued for millions in NYS Supreme Court, and the trial is set for October 2016. The teacher reports to work everyday at Armor Elementary School and teaches 4th grade. The school district has hidden away the matter, and one must wonder if they have filed a moral objection file with the Part 83 police in the Office of School Personnel and Accountability (OSPRA) at New York State Education.
Recently Concerned Hamburger learned from a reader of another outrageous story concerning lies, cover-ups and adverse actions towards children. The following is an unreal situation in the wake of of the Richard Jetter and Jennifer Giallella tryst cover-up. There is a dirty lawyer in the middle of it, Mr. Andrew Freedman of Hodgson Russ, who in the past was sues by a family in Tonawanda after their son died in a dreadful accident after being illegally tossed out of school by Mr. Freedman.
EDITED: THE FOLLOWING WAS POSTED ON SPEAKUPNY.COM
Hamburg Central School District Cuomo NO public corruption Commissioner Elia Coppola
A TRUE STORY case for Public School CHOICE – 243 LIES and counting
Governor Cuomo commits: public integrity violators should be and will be punished http://www.nbcnews.com/news/us-news/...-probe-n652596
On May 5, 2014 an email, also copied to middle school principal Jennifer Giallella, was received from the Hamburg Central School District (HCSD) superintendent Richard Jetter. This 5/5/14 email commenced resolution of, what HCSD email eventually disclosed May 27, 2014, advance math academic fraud. Very early the following morning, 5/6/14, the HCSD school board president David Yoviene reported receiving a phone call from Jennifer Jetter requesting the whereabouts of her husband, superintendent Jetter. Superintendent Jetter and principal Giallella chose to blame HCSD students and parents for damaging superintendent Jetter’s vehicle http://www.buffalonews.com/city-regi...-1000-20141125that he had crashed into a utility pole while staying overnight at Jennifer Giallella’s South Buffalo residence.
Bad character persisted on many fronts. The school year ended June 30, 2014. Furthering academic fraud outcomes, my son, Daniel Bowen and advance math class members were offered a July 11, 2014 advance math end of year/final re-write test to improve principal Giallella’s NYS APPR rating performance. There was a further HCSD 9/5/14 email requesting Daniel’s (take home) re-write test, which could have been completed by any advance math expert; not to educate Daniel but to improve the principal’s NYS APPR rating performance. I denied Daniel participation in the academic fraud. Denied participation gave cause for emotional avenging responses.
Jennifer Giallella commenced many retaliatory actions against Daniel. These revenge actions have involved many individuals and educational officials; including NYS Commissioner of Education Elia E1 July 26, 2016 Letter Commissioner Elia request to expunge 8 of 9 incidents from Daniel's disciplinary record E2 July 26, 2016 Evidence Narrative to Expunge 8 of 9 Incidents From Exhibit 9 E3 July 26, 2016 Evidence Facts to Expunge 8 of 9 incidents from Exhibit 9 HCSD letter to Commissioner Elia Evidence. Public school choice was denied Daniel. School choice would have negated Daniel’s present HCSD vengeful punishment. This February 12, 2015 retribution, in part, reads “…at any future date Daniel will be required to serve 12 day out of school suspension period before regular (school) attendance begins…”https://drive.google.com/file/d/0Bz1...R1N1ZzWTg/view Just imagine a 12 day suspension for having committed no act of misconduct on December 17, 18, 19 or whenever 2014. A HCSD falsely alleged act of misconduct first communicated to Daniel 188 days later!
NYS regulations and HCSD Code of Conduct E13 Written Notification Requirements and Actual HCSD Notifications - Source E3 July 26, 2016 Evidence Facts to Expunge 8 of 9 incidents from Exhibit 9 HCSD letter to Commissioner Elia Evidence. insist on (mandate) act of misconduct assured delivered written description and detail communication to the student and parent within 24 hours of occurrence. HCSD intentionally delayed revealing to Daniel and his parents its manufactured act of misconduct that created “…at any future date Daniel will be required to serve 12 day out of school suspension period before regular (school) attendance begins…” Daniel was aggrieved by the HCSD decision. HCSD Board of Education members, although repeatedly requested, further refused to disclose the HCSD 12/17/2014 (or whenever) manufactured act of misconduct on April 21, 2015.
Daniel and his parent’s would have never known the December 17, 2014 HCSD contrived act of misconduct had Daniel’s father not appealed the “…at any future date Daniel will be required to serve 12 day out of school suspension period before regular (school) attendance begins…” decision to the NYS Commissioner of Education. The 12/17/2014 HCSD manufactured act of misconduct testified recorded on surveillance camera was sworn or affirmed with its truth, the whole truth, and nothing but the truth 2/10/15 testimony as: John Crangle: “…made a claim that it was a staff member that slapped himself in the face…We have it on surveillance camera…It is extremely serious…” and Cheryl McGirr: “…He said that I hit him…why did you hit me? Why did you do that..?” E5 HCSD Feb 10, 2015 Superintendents Hearing Transcript February 10 2015 first received June 23 2015
During its January 12, 2015 superintendent’s hearing HCSD refused to reveal, disclose, make known E4 HCSD January 12 2015 Superintendents Hearing Transcript Daniel’s falsely alleged : Crangle: “…made a claim that it was a staff member that slapped himself in the face…We have it on surveillance camera…It is extremely serious…” and McGirr: “…He said that I hit him…why did you hit me? Why did you do that..?” act of misconduct.
HCSD failed to appear at its re-scheduled 9am 2/10/15 superintendent’s hearing. Daniel and parent were intentionally tricked into NOT attending the 2/10/15 noon superintendent’s hearing, experienced education lawyer referred as ‘kangaroo court’.
Viewing the surveillance video evidence has been repeatedly requested of Board of Regent Catherine Collins, NYS Commissioner of Education Mary Ellen Elia and HCSD superintendent Mike Cornell. On June 15, 2016 HCSD superintendent Cornell, 546 days following the falsely alleged act of misconduct, communicated “…could not share the (surveillance) video with Daniel at this time…” Mr. Cornell’s “share” denial evidence further advances his aiding and abetting the perjured 2/10/2015 testimony: Crangle: “…made a claim that it was a staff member that slapped himself in the face…We have it on surveillance camera…It is extremely serious…” and McGirr: “…He said that I hit him…why did you hit me? Why did you do that..?”
Bad character persisted. On September 23, 2015 a much more serious HCSD act of misconduct that occurred 1:36pm February 5, 2015 was revealed to Daniel and his parentsE3 July 26, 2016 Evidence Facts to Expunge 8 of 9 incidents from Exhibit 9 HCSD letter to Commissioner Elia Evidence. Interim superintendent Vincent J. Coppola untruthfully emailed all HCSD members; David Yoviene, Thomas F. Flynn, Cameron Hall, Laura Heeter, Robbin D. List, Michael F. McGarry and Richard G. Schneider: “we had to call Child Protective Services because Mr. Bowen would not tell us why his son who was going to be suspended and sent to an alternative school to serve out his suspension for a period of time was not available for bus pick up.”
On 1/30/14 Andrew J. Freedman, after denying Daniel’s transfer (school choice) to another NYS school district misleadingly wrote: “the middle school has not received a request to transfer records to the private school so your claim that Daniel is enrolled elsewhere is being questioned. Daniel is a student of compulsory attendance and NYS law requires that he attend school. Please forward proof to me that he is attending school elsewhere with three (3) business days from the date of this letter. If I do not receive the necessary documentation, I will recommend to my client to file a report with Child protection Services regarding a possible compulsory attendance violation.”
On 1/23/15 this written message was received “As per NCC (private school) policy, he (private school President) will be placing a call to Daniel's current school (HCSD).” This enrollment confirming phone call from NCC to HCSD, denied by Andrew Freedman, the private school reported completed 1/26/15.
Confirming Daniel’s private school enrollment the following communication, further denied by Andrew Freedman, was received from superintendent Jon MacSwan: “I just got off of the phone with Leslie from Dan's "new school" - Congratulations to you and the family. I also congratulated the school on finding such a good young man and now their best male swimmer.”E3 July 26, 2016 Evidence Facts to Expunge 8 of 9 incidents from Exhibit 9 HCSD letter to Commissioner Elia Evidence
Interim superintendent Coppola was early morning emailed 1/27/15 “… Your long delay…to provide Daniel NYS mandated…school instruction has resulted in Daniel being registered in a private school late yesterday afternoon until this matter is resolved. Daniel is attending this private school this morning and thereafter until resolution. Vince you face a compelling crossroads; a choice to sustain the obvious corruption and misuse taxpayer's dollars or to meet and resolve in quality character…”This further confirmed HCSD’s knowledge, again denied by Andrew Freedman, of Daniel’s private school enrollment.
On 1/26/15 Daniel was not permitted to attend HCSD school; Daniel’s 26th day of HCSD denied education. Daniel was denied attendance – the sole then undisclosed, unknown reason being HCSD’s manufactured act of misconduct “…made a claim that it was a staff member that slapped himself in the face…We have it on surveillance camera…It is extremely serious…He said that I hit him…why did you hit me? Why did you do that…Daniel did not attend the Ormsby Center on December 22 and attempted to return to school on December 23, despite still being suspended…”
Andrew Freedman phoned 2/5/2015, not 2/6/2015 as he gave 2/10/2015 superintendent’s hearing evidence. This message was repeated to Andrew Freedman, as stated in the 10:16am 1/28/2015 email to interim superintendent Coppola “…Daniel plans to return to the school when the corruption is resolved…”; additionally confirming HCSD’s knowledge, furthermore deceptively denied by Freedman, of Daniel’s private school tentative enrollment.
The HCSD school bus made no attempt to pick up Daniel for school December 23, 2014 through January 26, 2015 confirming HCSD’s knowledge, untruthfully denied by Andrew Freedman, of Daniel’s private school attendance.
HCSD and NYS Education Commissioner Elia have received 28 specific written requests for what Andrew Freedman communicated “the middle school has not received a request to transfer records”. Consistent with superintendent Cornell’s 6/15/2016 “…could not share the video with Daniel at this time…” the 28 FERPA defined academic record requests remain HCSD obstructed. In response to my following email “Good afternoon Dr.: Mr Cornell has specific written direction to send NO educational records to Canisius High School. You have a copy of this direction. Please arrange for me to pick up all 28 requested educational records from Cornell” Daniel’s pediatrician DR. Gerald Lauria 8/15/2016 emailed “I sent the emails (to provide all academic records to me) to Mr. Cornell”. Immediately thereafter Mr. Andrew Freedman deceitfully provided Canisius High School a scrubbed, significantly altered, academic record. Mr. Freedman’s “the middle school has not received a request to transfer records” request clearly presents a ruse to complicate and deceive Commissioner Elia about further dishonest HCSD actions.
My 2/5/15 12:17pm email to interim superintendent Coppola followed Andrew Freedman’s 2/5/2015 phone call and 1/30/2015 communication: “…Vince a call was just received from Freedman while I was in a meeting. I can tell you there is a strong desire to resolve. The resolution would be based on facts and due process…I would value the opportunity to demonstrate to Daniel that mature people can resolve difficult matters. There may be no greater value that I could demonstrate to my son…I will elaborate more tonight or tomorrow morning. Respectfully…”
HCSD clearly decided not to meet, make known the act of misconduct’s description and details and refused any attempts of resolution. Meeting to attempt resolving the corrupt barricades to Daniel’s need for an education would not satisfy HCSD’s insatiable revenge appetite.
Clearly 79 minutes after the above 12:17pm email HCSD sustained its retaliations with its additional false report. In obvious retribution HCSD made this report to NYS Child Protections Services. This report NYS Child Protection Services ruled “there is no credible evidence to substantiate the (HCSD) allegations”.
NYS Child Protection Services contradicted and verified totally false; the email report interim superintendent Coppola made to the HCSD board of education “we had to call Child Protective Services because Mr. Bowen would not tell us why his son who was going to be suspended and sent to an alternative school to serve out his suspension for a period of time was not available for bus pick up”. Interim superintendent Coppola diverted telling HCSD Board of Education members the truth; the much more serious Coppola/Freedman perjured CPS report “Daniel (age 13) has missed 39 days of school and is failing. The parents Dave and Olena are aware of this and they are not addressing the child’s educational needs”.
The academic fraud HCSD attempted cover-up mushroomed into many additional corrupt distraction schemes. These schemes include 243 lies in sworn or affirmed with its truth, the whole truth, and nothing but the truth testimony and verified responses to NYS Commissioner of Education appeals.
Suzanne S. McKenney and associate Character Council of WNY board of directors Suzanne L. Bracci, Ann Heraty, Pete Simon, Vanessa Rehac, Bruce Mitchell and Matt Smith disregarding the seeming endless abusive lies and dishonesty of Vincent J. Coppola and Michael Cornell; promote them as Champions of Character, link http://charactercouncilwny.org/champions-for-character/
Over the next 243+ days these lies in addition to many additional deceitful HCSD acts will be released, 1 bad character untruth each day. The entire matter is extremely well documented. To conceal its untruths HCSD’s scrubbing, alternation and denial of educational records has been wide-ranging.
Disclosure and discussion of the 243+ lies and additional deceitful acts will always be based on fact, documented evidence; especially the January 12 E4 HCSD January 12 2015 Superintendents Hearing Transcript and February 10, 2015 superintendent hearing transcripts E5 HCSD Feb 10, 2015 Superintendents Hearing Transcript February 10 2015 first received June 23 2015, 366 emails, HCSD December 21 and 2015 Memorandum of Law mailed by Andrew Freedman August 16, 2016 and first received by Daniel’s father August 20, 2016 E12 Memorandum of Law 1st Received from Freedman August 20, 2016 dated December 21, 2015 Appeal 20227. Approximately 166 emails were written by Vincent Coppola, Jennifer Giallella and John Crangle.
It is now 646 days since Daniel’s “…made a claim that it was a staff member that slapped himself in the face…We have it on surveillance camera…It is extremely serious…He said that I hit him…why did you hit me? Why did you do that…Daniel did not attend the Ormsby Center on December 22 and attempted to return to school on December 23, despite still being suspended…” falsely alleged acts of misconduct.
It is now 457 days since Daniel’s “…made a claim that it was a staff member that slapped himself in the face…We have it on surveillance camera…It is extremely serious…He said that I hit him…why did you hit me? Why did you do that…Daniel did not attend the Ormsby Center on December 22 and attempted to return to school on December 23, despite still being suspended…” falsely alleged acts of misconduct description and details were first made known to Daniel and his parents.
The untruth of the allegations and the HCSD detrimental motivations to make Daniel its victim remains unresolved. Resolution remains with Regent Catherine Collins and NYS Commissioner of Education Elia. Public school choice would have resolved December 19, 2014.
Resolution is long overdue. There have been many individuals, objecting to HCSD’s corruptions, who have stepped up to the plate providing for Daniel’s safe shelter from HCSD’s observable corrupt deliberate intent to inflict harm.
HCSD being taxpayer financed, public knowledge and civil discourse of the truth and remedies is being encouraged over the next 243+ day period. I request that all participating parties be respectful of truth, civility and orderly discourse. Verifiable disagreement with the truth is stalwartly encouraged and desired - always to be validated with factual, not hearsay, evidence. I will only continue to participate in civil, orderly and verifiable truth.
The goal is to understand, so to better manage systemic shortcomings denying WNY children quality public education. If your child is or has experienced similar corrupt acts please be encouraged to add to this knowledge base.