- FOR IMMEDIATE RELEASE
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- Texas Justice Foundation
- Linda Schlueter, Legal Director
- Anne Newman, Policy Advisor
- Texas Justice Foundation
- 8122 Datapoint, Suite 812
- San Antonio, TX 78129
- From <mailto:TFRC@aol.com>TFRC@aol.com
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- "Crude Rube Protrudes Dubious Boobies" NEISD
students asked to "act out" sex and violence
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- Parents are asking the North East ISD to take measures
to protect their children from being asked to act out orgasms, sexual gestures,
stripping, and violence in classroom skits.
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- Representing the parents, the Texas Justice Foundation
has sent a letter to Superintendent Richard Middleton [attached] citing
incidents at Reagan High School concerning sexual harassment, offensive
materials, religious freedom, and inappropriate discussions on the part
of teachers. A skit that girls were asked to perform required them to fake
an orgasm. Lines from another skit a student was asked to perform in class
include the following:
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- "For my classical piece I will take off all my clothes.
'Crude Rube Protrudes Dubious Boobies.' ... When I stop my classical piece,
I shift immediately into my contemporary piece which is ... full attention
now ... beating the cat's head in with the hammer!" The skit ends
with, "Now I will begin my classical piece by unbuttoning my Jordache
blouse. Watch me closely ... . (SHE beings to unbutton HER blouse as the
lights fade out)."
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- Parents have attempted to resolve issues during the past
two school years without success. "It is apparent to us that unless
strong, decisive, affirmative action is taken, such as a district policy
with adequate enforcement and disciplinary procedures, the issue will never
be satisfactorily resolved," said Allan Parker, Texas Justice Foundation
CEO. "Mere assurances are not sufficient," he said. Neither the
principal nor the district has taken sufficient action to correct the problems,"
he said. Parents are inviting the public to a free presentation on parental
rights under state and federal law by Linda Schlueter, legal director,
and Anne Newman, policy advisor for the Foundation's Parental Rights Council.
'The presentation will inform parents of their rights and empower them
to work with the school as full partners in education as State law requires,
said Schlueter. The presentation will be held at Thursday, August 29, 2002
at 7:00 p.m. at Harvest Fellowship, 1270 N. Noop 1604 (on access road between
281 and Stone Oak Parkway). - 30 -
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- Note: Names redacted from the letter below to protect
the idenity of students.
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- August 27, 2002
- Dr. Richard M. Middleton CONFIDENTIAL
- Superintendent
- Northeast Independent School District
- 8961 Tesoro Drive Suite 602
- San Antonio, Texas 78217
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- Dear Dr. Middleton:
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- We represent [parents] and their daughter [name] and
[parents] and their daughter [name]. For the protection of the children,
we are asking that all names remain confidential by school officials. Please
protect their confidentiality in accordance with state and federal law.
We do not plan to release the student or parent identities even if we discuss
this matter in public generally.
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- This letter is to advise you of problems that remain
unresolved concerning sexually and religiously offensive materials and
activities in the theatre arts class at Reagan High School that violate
our clients' religious beliefs and parental rights. We would welcome an
opportunity to resolve the issues and to mediate this dispute with you
and the NEISD Board rather than going to court at this time.
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- The matters of which our clients are complaining have
occurred in two consecutive academic years. Our clients wish to acknowledge
that Principal, [name], had responded to some degree to concerns about
Ms. [teacher]'s theatre material raised in academic year 2000-2001. The
parents were assured that these issues would not arise again; yet, a questionable
play was done at the end of that academic year, and similar problems arose
during the past academic year, 2001-2002.
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- In addition, you sent [parent] a letter indicating that
you do not view "casual references to God" in plays as interference
"with anyone's religious beliefs." We disagree. Many Christians
consider this taking the Lord's name in vain, which violates one of the
Ten Commandments.
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- Based on the experience in the past two years, we believe
that temporary, minor changes may have been effectuated in an attempt to
satisfy the parents. However, we believe there will be no lasting resolution
unless we are able to work with you and the Board in effectuating policy
changes that will protect students from this type of inappropriate material.
Our clients believe that students in the theatre arts classes should not
be asked or forced to perform sexually offensive acts or say sexually or
religiously offensive words. Furthermore, as part of a captive audience,
they should not be forced to see or hear such offensive materials. Overall,
they should be free from a hostile sexual environment and should not suffer
academic disadvantage or social embarrassment because of their beliefs
or because they request more wholesome material.
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- Our clients desire to mediate this dispute with you and
the Board. We are willing to stipulate to a time frame, preferably within
60 days, to allow you and your attorneys the opportunity to investigate
and respond to the items that are listed in this letter.
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- Specifically, we are concerned about the following:
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- Sexual harassment and a sexually hostile environment
for teenagers.
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- Materials are being used in the theatre arts classes
that are inappropriate and create a sexually hostile environment. Forcing
children to act out an orgasm is unacceptable. Giving students a choice
between acting out the killing of a cat or refer to stripping one's clothes
multiple times is far from appropriate. As studies have shown from recent
school violence and killings, animal abuse is the first step in this destructive
behavior.
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- In addition, to ensure that the students fully understand
the sexual content, the sexual innuendoes in the materials were explained
to the students. For example, the theatre arts teacher, Mr. [teacher],
explicitly explained all of the sexual innuendoes in the movie, A Funny
Thing Happened on the Way to the Forum, to the theatre arts class and encouraged
discussion of such activity. In addition, if the students missed some of
the crude jokes or innuendoes, he would rewind the tape so that they did
not miss anything.
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- While the movie itself was inappropriate for young students,
the action of the teacher in making sure that every child in the classroom
knew the full intent and meaning of every veiled sexual reference created
a sexually hostile environment. This is particularly true for females of
a tender age who otherwise would not have even known what was going on
in parts of the movie. Fourteen-year-old girls do not need to have theatre
arts teachers explaining sexual practices to them that should not be within
their realm of knowledge. The parents have made the parental decision based
on moral and spiritual grounds that they do not want their children to
be exposed to such explicit and crude sexual material. In addition, parents
should not be forced to explain explicit sexual content when they do not
believe it is appropriate for their children at that particular age or
time. This is a legitimate parental decision.
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- In addition, when complaints have been made about the
plays done in class and an alternative play is given, students are not
given the same instructional assistance in fulfilling the class requirements.
This puts them at an academic disadvantage. Specifically, when [parent]
complained about a theatre assignment, and [student] was given an assignment
that differed from the rest of the class, she was not given any instruction
concerning how it should be acted out, as all other students were given.
Instead, the teacher used the opportunity to make clear to the entire class
whose parent had complained about his assignment.
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- Parents have complained for two years to the principal
at Reagan High School that inappropriate materials are being used. Although
the principal made assurances that this would not continue, it has continued.
Sufficient corrective measures were not instituted, and to our knowledge,
the teachers were not disciplined. To the best of our knowledge, Mr. [teacher]
was later removed from the classroom due to subsequently inappropriate
behavior that occurred. Perhaps the problem with a student that resulted
in the ultimate removal of Mr. [teacher] could have been avoided had appropriate
disciplinary action occurred earlier. Also to the best of our knowledge,
Ms. [teacher] on has since been promoted to be the lead theatre teacher
at Reagan High School.
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- In light of the repeated complaints of parents and the
failure to take appropriate action over a two-year period of time, school
officials have been deliberately indifferent to the teachers' misconduct.
As you are aware, complaints have also been made to your office. Although
you recognized that "the materials to which you are objecting are
inappropriate," sufficient action was not taken to ensure that this
would not occur again, and in fact, it continued. [See attached letter
of December 21, 2001 - Exhibit A]
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- The parents have made persistent complaints about sexual
harassment and a hostile sexual environment that were well known to individuals
in authority who could make a difference. In spite of the parents' complaints,
school officials have demonstrated a deliberate indifference to the problem.
As indicated by the incidents in the last two academic years, the problem
is not confined to merely one teacher or one incident. It is pervasive
and offensive particularly since we are dealing with young, impressionable
students who are subjected to this treatment at the hands of an authority
figure. Furthermore, it is our understanding that other parents have complained
about the content of plays at other school functions. This problem is ongoing
and needs to be corrected.
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- Religious Freedom Restoration Act.
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- Enclosed is a Religious Freedom Restoration Act demand
letter. [See Exhibit B] Attached to that letter is the original Religious
Freedom Restoration Act letter sent to you by [parent] on December 9, 2001.
[See Exhibit C] We believe that the original letter is sufficient to meet
the statutory requirements. However, we are also amplifying his concerns.
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- As to [parent]'s religious concerns, you expressed the
personal belief that the "casual reference to "God" was
not "calculated to interfere with anyone's religious beliefs."
However, you failed to recognize the allegations of [parent] that it was
offensive to him and his daughter and substantially burdened her sincerely
held religious beliefs. You summarily dismissed his allegations by saying
that teachers have "lapses in judgment."
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- There is no question that these teachers have used bad
judgment. But the unresolved issue is how you will comply with the statute,
ensure that there will be no further problems, and protect the religious
beliefs of students and parents in your district. Plays with objectionable
content should not be used and young women should not be forced to either
act out or say things that violate their religious beliefs nor be forced
to see and hear such things in class as captive participants. [For example,
see "The Audition" attached as Exhibit D]
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- It is apparent to us that unless strong, decisive, affirmative
action is taken, such as a district policy with adequate enforcement and
disciplinary procedures, the issue will never be satisfactorily resolved.
This belief is based on what has actually occurred in the last two years.
Mere assurances are not sufficient. Neither the principal nor the district
has taken sufficient action to correct the problems. Thus, there is an
ongoing and continuing violation of parental and student religious rights.
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- Encouraging or coercing children to withhold information
from parents.
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- Two different teachers told students not to report violations
of school policy to their parents or to otherwise keep embarrassing matters
and details that would put the teacher in a bad light away from their parents.
Both Ms. [teacher] and Mr. [teacher] berated students for complaining to
their parents rather than bringing the matter to the teachers first. This
was after students had complained to their parents and after the teachers
had been notified that the parents had objections.
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- State law is clear that "an attempt by any school
district employee to encourage or coerce a child to withhold information
from the child's parent is grounds for discipline..." TEC § 26.008.
This is particularly true when the matters would be embarrassing to the
students. Such action put the students in a tremendously bad emotional
frame of mind, subjected them to ridicule and embarrassment among the class,
and put an emotional burden on the students which the law is designed to
prevent. We demand that appropriate disciplinary action be taken against
both teachers as the law requires.
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- We are also filing complaints against the teachers for
retaliation against the students for telling their parents that they had
problems with the theatre arts materials. Neither students nor their parents
should be retaliated against when they object to material that is overall
offensive and inappropriate for teenagers or for exercising their religious
rights.
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- Teacher's inappropriate behavior and poor role model.
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- Our clients have new complaints against a teacher, Ms.
[teacher], who was living without benefit of marriage with a man. Although
in some instances, it may be possible that this lifestyle does not affect
students; in this particular instance, however, it is an important issue.
Students reported to their parents that this teacher discusses her living
situation with students. It is difficult to understand how any of this
type of discussion could add to the learning environment except that it
teaches acceptance of Ms. [teacher]'s lifestyle choice.
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- We believe that there is a definite correlation between
the material Ms. [teacher] presented in theatre class, and her personal
disregard for the marriage relationship. Accordingly, Ms. [teacher] has
used her position to teach impressionable students to accept moral values
that are confusing and harmful. Clearly, it is in the District's interest
to respect the covenant of marriage and to reduce the number of teen pregnancies
for unmarried girls. Yet, the example that she set leads students in a
completely opposite direction. The result is that students receive a wrong
message concerning Texas' public policy of waiting until marriage before
beginning sexual relations and conceiving children. We assume the District
also wishes to discourage unmarried teen pregnancies.
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- Non-Retaliation.
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- We fully expect that there will be no retaliation to
our clients or their children for exercising their parental rights. Although
we believe that there have already been inappropriate comments and differences
in grading, we expect that this matter will be corrected and there will
be no retaliation by any teachers or administrators. We will continue to
monitor this situation.
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- Administrative issues.
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- In addition to the legal issues, we believe that there
are administrative issues that must be addressed. These include the following:
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- 1. We request that the NEISD Board make policy changes
with respect to the manner and sexually explicit content of theatre arts
material in the District's high schools.
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- 2. We request that the District conduct in-service teacher
training on the following topics:
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- ? parental and student rights; ? the duty of teachers
not to retaliate against students who choose to air their concerns about
curriculum matters with their parents rather than the teachers; ? the duty
of teachers not to encourage or coerce students to withhold information
from their parents; ? sexual harassment through inappropriate sexual language,
discussions during classes, or the inclusion of sexual material in the
curriculum beyond what is necessary to teach a given subject; and, ? SBEC's
Code of Ethics.
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- 3. We request a criminal background check on both teachers
and any other theatre arts teachers at Reagan High School to see if they
have any acts of sexual perversion in their backgrounds or acts of moral
turpitude. Included in the background check should be a review of the personnel
records from previous employment and SBEC complaint files of all theatre
arts teachers be obtained and checked for immoral conduct, lewd behavior,
or other sexual perversions and acts of moral turpitude.
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- 4. We request that the NEISD review the competition standards
for UIL theatre arts competitions and cease participation in UIL, if necessary.
Students have told us that Ms. [teacher] told them that they have to perform
what our clients believe to be inappropriate and offensive material to
do well at these dramatic tournaments. If this is the standard of success,
then it is not appropriate and children should not be subjected to acting
out sexually offensive behavior. No school employee should be encouraging
or coercing such behavior. While some would argue that sexually offensive
material is widely available outside school, that is no reason to teach
it in school.
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- 5. Further, the District should investigate these allegations
thoroughly. If true, the District should take appropriate steps to file
a complaint with UIL and urge criteria be enacted to correct the problem.
If it is not true, then teachers who falsely represent standards to students
to encourage and /or coerce the acting out of offensive materials should
be reprimanded and a letter of reprimand placed in their personnel file.
Subsequent misconduct should require increasing discipline and penalties.
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- 6. We request that the District's policy concerning written
standards, objections to curriculum, complaint procedure, and parental
rights be specifically included in NEISD Board minutes, published in the
Student Handbook, posted on the District's website, and distributed through
PTAs and other appropriate forums. We also request that a separate
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- form be available for "Complaints Against NEISD
Employees" so that there is no confusion between complaints against
teachers, administrators, or employees and other matters.
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- 7. We request that the NEISD Board of Trustees enact
a policy regarding plays and movies that requires parental consent for
all PG plays and movies and that the use of television, plays, and movies
be significantly related to the curriculum. No R-rated material should
ever be used. Any unrated materials should require parental consent. The
District should establish a Parents Review Committee to prescreen all dramatic
material that is used both in class, school productions, and competition.
Your response letter indicates that you rely on staff to make these decisions.
It is now apparent that the staff has failed to exercise sufficient judgment
to satisfy parents, and therefore, parents should be put on the committee
to protect their children.
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- 8. We are also requesting that the NEISD Concerned Parent
Organization, a parental rights organization, be allowed full access to
having its meetings on the Reagan campus, or any other NEISD school campus,
as other similar groups, such as the P.T.A., are allowed to do.
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- Again, may I state that our clients wish to mediate this
matter and to work with the District as full partners in education as the
TEC requires. Although there is a meaningful role for theatre arts in the
curriculum, students should not be subjected to offensive and sexually
inappropriate material.
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- We look forward to working with you on the issues raised
in this letter. We would ask that this item of possible litigation be placed
on the NEISD Board's agenda. We would be happy to discuss the matter with
you and the Board in executive session if you so desire. Please let us
know if you or the Board would like us to be present.
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- Very truly yours,
Allan E. Parker, Jr.
CEO & Founder
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- Texas Justice Foundation
- Linda Schlueter, Legal Director
- Anne Newman, Policy Advisor
- <mailto:TFRC@aol.com>TFRC@aol.com
- Texas Justice Foundation
- 8122 Datapoint, Suite 812
- San Antonio, TX 78129
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- Contact: Linda Schlueter or Anne Newman 210-614-7157
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