PA School Watch Journal - Legislation

Open Season

nospam@example.com (Tina) — Wed, 03 Jun 2009 13:58:31 -0500

Seems like its open season on children. This is not meant to be a flip statement, but have you watched the news? Everyday children are being victimized by members of the school community. The usual reaction is, how can a teacher do that?

I have the answer.

They are not teachers who molest, assault, rape their students.

They are molesters masquerading as teachers. They are molesters first and foremost. They prey on children.They found the teaching profession alluring, because they have more access to children to victimize.

Once we realize this then we can get passed the shock.

Once we are passed the shock, we can react.

We have to put a halt to the predators lurking in plain sight. We need to hold the administrators and colleagues who cover the heinous crimes against children accountable for the crimes of the predators. By dismissing or covering up the sexual abuse of children they are culpable and therefore GUILTY too.

What can you do to stop them?

#1 Be vigilant- If something appears wrong, report it to the police. Do not dismiss your instincts. After reporting it, follow up.

#2 Be loud- Do not stand idly by. Raise the awareness of those around you. Student abuse is rampant, and many school districts sweep it under the rug.

#3 Be involved- check out http://www.september12009.com/ The Global Group of Clergy Abuse Survivors. There are many other groups that speak up for children. Join one or join them all.

#4 Be an advocate- call or write your legislator, they work for you. To find your legislator use the search feature at PA School Watch

#5 Be supportive- survivors of sexual abuse need you.

Some recent news stories about the sad state of education

Teacher sentenced in NJ

Recent Teacher Certification Actions from the PDE

Husband of teacher that received ARD sentenced see previous post about the ARD here

Of course it's not just teachers who assault children (or cover it up) it's also Senate staffers

Orie aide charged with soliciting a boy

Editor note: Senator Orie was the first supporter of PA School Watch. I applaud her commitment to protecting children. The staffer's "activities" do not reflect on her leadership.

This is not the first instance of a legislative staffer trolling the internet see this previous post.

One last thing- get invloved.

It is the only way to break the cycle and keep our children from becoming prey during the never ending "open season"

back to

Call Senator Piccola and Thank Him

nospam@example.com (Tina) — Wed, 11 Feb 2009 18:53:41 -0600

Senator Jeff Piccola of the 15th District is the newly appointed Chairman of the Senate Education committee. He has introduced legislation (Senate Bill 55)to BAN people convicted of serious crimes against children from working in a school. Currently, the law stipulates it only has to be 5 years since a conviction, then a person is once again eligible to work in a school. The new proposal include a LIFETIME BAN. Finally!! Please call him and thank him!! Tell him you support SB55

Senator Piccola's Harrisburg Office

(717) 787-6801

1-888-PICCOLA

The Not-So-Secret Shame

nospam@example.com (Tina) — Tue, 08 Jul 2008 19:20:21 -0500

Todd Sheerer, a music teacher from Warwick High School, is sitting in prison awaiting trial on charges of inappropriate conduct with a student. Sheerer has also had to surrender his teaching certificate, for now. Information regarding teaching certificates is readily available on the Pennsylvania Department of Education’s website. Periodically, the PDE posts “Notification of Certificate Actions” on the newsroom page of the site. This is important and pertinent information that we should all have access to regarding public employees entrusted with educating our children. If there is a violation of the law and/or the Professional Code of Conduct, we have a right to know. The most recent Notification listed not only teachers who had to “surrender” their certificates or even have them revoked, but also one that was reinstated.

According to an article posted July7^th at Lancaster Online, http://articles.lancasteronline.com/local/4/224094 when asked about the Sheerer case, Department of Education spokesman Michael Race said, “At some point, Sheerer could apply to regain his certification” But, Race said, "This is on his record permanently and would be taken into account." This is all speculative at this point because Mr. Sheerer is awaiting trial and has not been convicted of any of the charges against him.

To reiterate Mr. Race’s statement, a person who surrenders their teaching certification can petition to have it reinstated even under the circumstances alleged in this case. Shocking.

Mr. Race also mentions that these actions would be listed on a person’s permanent record, implying that it would affect their employment at a later date. Seems reasonable, doesn’t it? Too bad that is not the case in our great Commonwealth. You can get hired, work in a school around children even with a violent criminal history. According to the Public School Code of 1949, (which has been updated and amended numerous times, most recently in 2007) you are a fine candidate for any of Pennsylvania’s public, private, vocational-technical schools or intermediate units if you are a convicted criminal.

The Act reads:

No person subject to this act shall be employed in a public or private school, intermediate unit or area vocational-technical school where the report of criminal history record information indicates the applicant has been convicted, within five (5) years immediately preceding the date of the report, of any of the following offenses: An offense under one or more of the following provisions of Title 18 of the Pennsylvania Consolidated Statutes:

o Chapter 25 (relating to criminal homicide).

o Section 2702 (relating to aggravated assault).

o Section 2709 (relating to harassment and stalking).

o Section 2901 (relating to kidnapping)

o Section 2902 (relating to unlawful restraint).

o Section 3121 (relating to rape).

o Section 3122.1 (relating to statutory sexual assault).

o Section 3123 (relating to involuntary deviate sexual intercourse).

o Section 3124.1 (relating to sexual assault).

o Section 3125 (relating to aggravated indecent assault)

o Section 3126 (relating to indecent assault).

o Section 3127 (relating to indecent exposure).

o Section 4302 (relating to incest).

o Section 4303 (relating to concealing death of child).

o Section 4304 (relating to endangering welfare of children).

o Section 4305 (relating to dealing in infant children).

o A felony offense under section 5902(b) (relating to prostitution and related offenses).

o Section 5903(c) or (d) (relating to obscene and other sexual materials and performances child pornography)

o Section 6301 (relating to corruption of minors).

o Section 6312 (relating to sexual abuse of children).

o Felony drug conviction

o Out of state or Federal offense of any of the above.

Of course it must be 5 years since the conviction, and then you’re good to go.

Don't take my word for it read the Act yourself at

http://www.teaching.state.pa.us/teaching/cwp/view.asp?Q=125828&A=13

In Pennsylvania, a person with a history of violent offenses, even crimes against children can still be eligible to be a teacher or some other school employee and spend their day working with and around students. We, the public, expect a certain level of safety and security when we entrust our children to those in the school environment. Our children are entitled to an education, it’s their right. PA School Watch has been working on legislation on the State and Federal level since 2005 to close the gaping loopholes in the system that was specifically designed to protect children but is actually endangering them. It’s not a secret but it definitely qualifies as a shame.

(Some) States (TRY) to stop teacher sex abuse

nospam@example.com (Tina) — Sat, 07 Jun 2008 20:12:50 -0500

Hmmm....Pennsylvania is not one of the states listed. I suppose legislation that is SIC (stuck in committee) doesn't make news.

Four consider legislation to toughen penalties against student crimes

The Associated Press

updated 4:48 p.m. ET, Thurs., May. 29, 2008

Ten states have taken action in recent months to crack down on sexually abusive teachers after a stream of arrests and reports that have documented the problem of educators victimizing students.

Governors, state education officials and lawmakers have led the push for new measures, which include tougher penalties for teachers who abuse students, punishment for administrators who fail to properly oversee their faculty, and an effort to train an entire state's corps of teachers to recognize potential abusers in their midst.

At least four more states are still considering legislation.

They are focusing on an increasingly undeniable phenomenon: While the vast majority of America's roughly 3 million public school teachers are committed professionals, a disturbing number have engaged in sexual misconduct. When faced with evidence of abuse, administrators sometimes fail to let others know about it, and legal loopholes let some offenders stay in the classroom.

"Too often in the past, we as adults have failed our children," Kentucky Gov. Steve Beshear said when he signed a new law last month. "Today with this legislation, hopefully, we begin earning back their trust." The measure passed without a single no vote.

Measure targets abuser
Kentucky lawmakers originally drafted a measure aimed at abusive teachers, with the final legislation written broadly to encompass priests, teachers and anyone in authority over someone younger than 18. Besides increasing penalties for abusers and giving prosecutors more time to bring charges, the Kentucky law also takes aim at officials who don't report abuse to authorities.

A nationwide Associated Press investigation, published in October, found 2,570 educators lost their teaching credentials or were otherwise sanctioned from 2001 through 2005 following allegations of sexual misconduct. Experts who track sexual abuse say the problem is even bigger than those numbers suggest. Underreporting is common, they say, because victims often are ostracized and accusations are difficult to prove.

The AP series inspired some of the tougher measures, including Utah's legislation to permanently revoke the licenses of sexually abusive teachers and a new Maine law to share information about teachers disciplined for any reason, including sexual misconduct, with other states. A New York lawmaker cited the AP reports when he rallied support to overturn budget cuts that would have sharply reduced funds for investigators who examine abuse claims in school.

Initiatives begin
Meanwhile, stories on teacher misconduct by the Sarasota Herald-Tribune and The Columbus Dispatch sparked action in Florida and Ohio.

New laws also were passed in Kansas, Minnesota and Virginia, while measures are still being considered in California, Colorado, Delaware and Massachusetts. New York and South Carolina began or expanded programs targeting the problem.

Proposals failed to win legislative approval in Indiana, Missouri, South Dakota, Washington state and West Virginia.

The various measures demonstrate the many loopholes that have allowed abusive teachers to remain in the classroom, including:

Backroom deals. Florida's new ethics law for teachers bars school districts from entering into confidential agreements with teachers who get in trouble. Such deals crop up around the country, allowing schools to remove a problem teacher but letting that educator quietly move on to another district or state.

Failing to report. Kentucky's law raised the stakes for officials who fail to report allegations of abuse, bringing 90 days in jail for a first offense and up to five years in prison for repeat violations.

Problem teachers returning to the classroom. Colorado would require any teacher who lost a license for sexual misconduct to promise never to teach again. The measure awaits Gov. Bill Ritter's signature. Virginia closed a gap that made it possible for teachers who abuse students to be hired by another school district in the time between when they are fired and when the state Education Department is notified.

Rebuilding trust
In New York state, Senate Education Committee Chairman Stephen Saland blasted former Gov. Eliot Spitzer for seeking to cut the investigative unit's $1 million budget in half, accusing Spitzer of declaring "open season on children" for sex predators in schools. He read passages from AP stories that showed the number of "moral conduct" accusations against teachers, administrators and aides had doubled in five years.

The legislature rejected the cuts and instead increased funding to $1.6 million. That will allow for hiring eight more investigators and attorneys to tackle more than 800 pending cases, most of them involving sex with students.

"This will move these people out of the classroom environment more quickly," Saland said. "It's money well spent. In fact, it's a bargain."

South Carolina looked beyond punishment, instead creating a statewide training program that aims to instruct 10,000 teachers, administrators, guidance counselors, coaches and school nurses on how to prevent, identify and report cases of abuse.

Beginning this fall, at least one educator from each of the state's 85 school districts will undergo 6 1/2 hours of training by Darkness to Light, a Charleston-based nonprofit organization. Those educators, in turn, will train at least 20 percent of educators in their district. The state has 50,000 educators.

The training will focus not only on stopping sexual predators but on preventing simply inappropriate relationships, said schools Superintendent Jim Rex. Sometimes young, naive teachers do improper things, with no ill will toward the student, and get into trouble, such as texting students' cell phones or giving them a ride home.

"So much of what schools do is based on trust. Not only must kids trust their teachers, but parents have to trust those teachers too," Rex said. "And schools have to earn that trust each and every day."

URL: http://www.msnbc.msn.com/id/24879046/from/ET/

Action Item - without the typos

nospam@example.com () — Wed, 13 Feb 2008 19:48:33 -0600

PA School Watch Senate Bill 545 (SB 545) is currently SIC (stuck in committee). We have been working to get the Bill moving. The committee chairman, Senator James Rhoades has recently announced he is running for re-election. Perhaps now is a good time for Senator Rhoades to address the issue of children being abused by school district personnel and pledge to stop it? His phone number is (717) 787-2637.

Below is the link to an article brought to my attention by "You Don't Speak For Me" an anti-illegal immigration group. The issue of student safety and illegal immigration intersect in the hallways of schools all across the country. Please read the article about Senate Bill 9 (SB 9), if you agree with the premise of the Bill, call your State Senator and ask him/her to support it.

Thank you to the 29 Pennsylvania State Senators that have sponsored SB 9 including many who have also sponsored our Bill, SB 545- Senators Wonderling, Orie, Browne, Pippy, Rafferty, McIlhinney, Regola and Greenleaf among many others

Senate Passes Illegal Immigration Bill

Way To Go UTAH!!!!

nospam@example.com (Tina) — Sun, 10 Feb 2008 19:42:08 -0600

Wednesday, 06 February 2008

Teachers who sexually abuse students are the target of bill

Brock Vergakis - THE ASSOCIATED PRESS

Teachers who sexually abuse children would have their education licenses permanently revoked under a bill that unanimously passed in the House on Tuesday.

The effort by Rep. Carl Wimmer, R-Herriman, comes in the wake of a national Associated Press investigation. The series published in October found 2,570 educators whose teaching credentials were revoked, denied, surrendered or sanctioned from 2001 through 2005 following allegations of sexual misconduct.

Experts who track sexual abuse say those cases are representative of a much deeper problem.

Upon learning the results of the AP investigation, Wimmer said he was shocked to learn that Utah ranked 16th nationally in the total number of teacher sanctions issued because of sexual misconduct.

From 2001 through 2005, the state board suspended or revoked 108 teacher licenses. Of those, 57 were the result of sexual misconduct, including sexual relations with students, viewing pornography at school or criminal charges tied to off-campus sex crimes involving children.

Utah's incident rate is more than double the national average and nearly 75 percent of Utah's sexual misconduct cases involving students or other minors involved physical contact.

Utah is among 15 states considering stronger oversight and tougher punishment for educators who take advantage of their students.

Wimmer pointed to a recent case of a local teacher who was charged with multiple counts of sexual abuse of a child as a reason tougher penalties are needed.

"He's in prison and his license has been revoked for what they say is about 25 years. The odds of him ever being able to teach in this state are slim to none, and I want to make sure it's none," Wimmer said.

House Bill 286 passed in the House 68-0 and will now be heard in the Senate, where no opposition is expected

PA School Watch -Setting The Record Straight

nospam@example.com (Tina) — Sat, 31 Mar 2007 20:37:48 -0500

A new law goes into effect tomorrow- it will now be a requirement for all prospective school district employees and independent contractors to submit to a federal criminal background check.

Great news, you might say. I would tend to agree with you, it's a step in the right direction. A very small step.

The questions remain- What about everyone else?

What about current employees and independent contractors? They are exempt.It's a "once and done" deal, they are never re-checked after the initial hiring.

What about persons hired prior to 1997? They have never had a child abuse clearance and they never will- if they remain with the same school district.

What about persons hired prior to 1985? They have never had a child abuse clearance, a state criminal background check or a federal background check and they never will, if they remain with the same school district.

What about persons under the age of 21? They are exempt; they do not have to submit to a state background check, a child abuse clearance or a federal background check.

What about a person with a criminal history? Yes, they can work in your school if it has been 5 years since their conviction.

We are talking about your children and your schools. You decide.

Take a stand

Our New Bill Has Been Introduced!!!

nospam@example.com (Tina) — Thu, 01 Mar 2007 19:22:13 -0600

Senator Robert Wonderling has introduced PA Senate Bill 545 this week. The Bill is a renewed version of our last effort The main points are:

Annual National Criminal Background Checks and Child Abuse Clearances for ALL school employees and independant contractors- (employed by public, private, vocational schools and IU's) everyone who has contact with children- our children. Simple right? Not in Pennsylvania - It has always been a "once and done deal" here; persons are only checked when they apply for employment then their "clearance" is filed away NEVER to be repeated- It's a BIG Assumption that a person who came up "clean" will remain crime free. Not to mention applicants were only checked in PA if they have lived here for more than 2 years. Crazy-

A PERMANENT BAN on employment for anyone who has been convicted of a serious crime as listed in the Title 18 crimes code- A "no brainer" you say well not in Pennsylvania. If a person has been convicted of a crime- even a crime against a child- and it has been a mere 5 years since their conviction they are once again welcome to work in a school with children- our children

Requiring a background check on everyone aged 18 years old and up. Now the age requirement is 21, we all know no one under the age of 21 has ever committed a crime- right?

Changing the procedure for filing a criminal background check and child abuse clearance. Instead of the employee filing for the clearances, the school district will be -although the employee is still required to pay the fees associated with filing- Why is that important? you may ask- To reduce the occurrence of forgery- A background check can be reproduced with a scanner and home computer -and this is what we are using to safeguard our children -flimsy documents that can be easily reproduced -that is why it's so important to change the procedure

Call / write your Pa State Senator tell them you support SB 545 and want safer schools for our children. Tell them what you've read here and that you expect them to stand up for children, all children. The addresses/phone numbers can be found on the PA School Watch web site. Please send me an email and let me know whom you have contacted. We are looking for coordinators in each county to be a contact person - if you are interested please respond to info@paschoolwatch.org

West Virgina-First Out Of The Gate!!!

nospam@example.com (Tina) — Mon, 26 Feb 2007 06:25:10 -0600

West Virginia is the first state to introduce a version of The Jeremy Bell Act to stop the crime of passing the trash. PA School Watch would like to recognize WV State Senator Vic Sprouse for standing up for children and putting them first!!!

Bill would make it a crime to "pass the trash."
Video
CHARLESTON -- A Fayette County boy who was murdered is named in a bill to keep sex offenders out of the school system
The Jeremy Bell Act would make it a crime to quote "pass the trash." That's when employers reassign or transfer employees involved with minors in a sexual way.
Bell's father, Roy Bell, helped push for the bill in the state Legislature.
Former Fayette County Principal Edgar Friedrichs is in jail in connection with the 1997 death of Jeremy Bell. Despite allegations of child molestation in the Pennsylvania school system, Friedrichs was able to transfer to a school in West Virginia.
Sen. Vic Sprouse, R-Kanawha, is working to push the bill through. "And that we send a very strong message to the education community, to the education hierarchy, to anyone out there, that says, you're not going to be allowed to pass along a sex offender who's in your midst," said Sprouse.
Congressman Michael Fitzpatrick of Pennsylvania has also supported a Jeremy Bell Act in Congress. No word yet on any progress with that bill

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Political Lessons Learned

nospam@example.com (Tina) — Sun, 25 Feb 2007 07:21:30 -0600

It has been awhile since I have given a PA School Watch update and it may seem as though there was nothing to report but…

That is definitely not that case. Let me give you a round up of the developments, successes and setbacks from the past two years. We have made strides in getting legislation introduced into the Pennsylvania House, Pennsylvania Senate as well as the US Congress.

The legislation has focused on protecting children from abuse in schools. The state legislation would have protected adults as well from violent criminals working in schools.

I say “would have” because any bill must pass and be signed into law before a legislative session ends. Our last legislative session has indeed ended and although the previous bills have died they are being reintroduced- which should happen shortly.

Then again- I will need your help to move the Bills through committees.

Now for the political lesson.

No matter how necessary a Bill is, how vitally important to the safety of our children, if the politicians won’t bring a bill up for discussion, the bill sits and then it dies. Even if the public requests, requires, implores or demands a hearing, it may never happen.

So we elect politicians to represent us-right?

We expect them to listen to, speak for and vote for us- right?

Predators are victimizing our children-we demand it to stop- right?

Then we need to stand up, stand together and stand firm. If not, the problem will be ignored. Again.

*******************************

PA School Watch successes, developments and setbacks

The successes:

Getting Pennsylvania SB 1004 and HB 2692 introduced (from 2005-2006 session) aimed at stopping convicted criminals from working in schools, requiring annual national criminal background checks for all school employees and independent contractors –permanent ban on employment for convicted criminals

We have received support from Pennsylvania PTA, Pennsylvania Protection and Advocacy, The Disabilities Law Project, Ed For All, USACAD. Org, Kid’s Together, Inc. among others

Consent from Roy Bell, Jeremy Bell’s father to honor the memory of his son and name our effort The Jeremy Bell Act.

PA School Watch has every intent to continue on until The Jeremy Bell Act is passed and children are safe in schools from predators-

US Congressional Bill HR 6411 (from 109^th Congress) known as The Jeremy Bell Act of 2006 – aimed at stopping “Passing The Trash” and requiring use of a national crime database and fingerprinting of all employees.

Pennsylvania Protection and Advocacy, has changed its by-laws because of PA School Watch and is requiring annual national background checks of all employees.

*****************************

The developments:

In addition to the original goal of requiring annual national criminal background checks and child abuse clearances and a permanent ban on anyone convicted of a serious crime we are incorporating an effort to stop “Passing The Trash”.

New version of the Pennsylvania legislation will be introduced shortly- I’ll update the web site and send action alerts when this happens

We have received the support of SESAME Net (Stop Educator Sexual Abuse Misconduct and Exploitation) a nationwide organization.

We have received inquiries from around the country to develop legislation similar to ours.

*****************************

The setbacks:

Apathy from some politicians and lack of interest from the news media.

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Children are being molested, raped and murdered. Child molesters, child rapists, predators don’t take time off. They don’t stop preying on children when a legislative session ends.

What can you do about it right now?

Right now you can contact your Pennsylvania State Senator and tell them to be a co-sponsor of The Jeremy Bell Act.If you are outside of Pennsylvania contact your State Senator and tell them draft a version of the Jeremy Bell Act for your state.

We have to protect our children NO ONE ELSE WILL.