TJHS Intimidation and threats by Principal.
Plain Text File 1:
Friday April 23rd, 2021
To whom it may concern,
On 4/22/21 I received word from my 14 year old step son **REDACTED** that TJHS was punishing him for wearing a hooded sweatshirt on a morning featuring a 45 degree low. I have previously had trouble with Walnut Elementary which is part of the same school district TUSD, when they violated the California Education Code by harassing my daughter for wearing a hat. I have made my stance with this district very clear that I will not allow these schools to violate the established education code by bullying my children into complying with their fascist policies that violate their already liberal and oppressive state education code.
My wife spoke with the Dean of Students earlier in the day and was left feeling angry and disappointed with the poor performance of the Dean during the encounter. The Dean had no logical argument to justify the reasons our child is being bullied by staff and could only explain it as “Obvious Reasons” he was being targeted but did not elaborate on all the obvious reasons. No apparent action was taken to investigate the issue or show concern for the student involved.
As a result of the encounter I will be making multiple formal complaints against employees and/or administrators of TJHS. Because of the negligence and malfeasance of this district I am unaware of the names of the individuals involved and will be seeking information about their identities. This district has acted in secret and failed to send any notifications or correspondence regarding their repeated disciplinary actions against my child as what can only be assumed because the school knows their policies are in violation of the law and education code.
Request #1: I am formally requesting a complete written copy of this schools dress code. The website for this school is illogically formatted and prevents ease in locating or disseminating any important information. DO NOT SEND ME A LINK or give me the run around on your exact policy. The dean of students had told my wife that the district had made the policies yet the school itself “makes the call” when to target students for hoods. I find it to be tyrannical (
Tyranny: 1 Oppressive power exerted by government. 2 A government in which absolute power is vested in a single ruler. 3 The office, authority, and administration of a tyrant. 4 A rigorous condition imposed by some outside agency or force. 5 An oppressive, harsh, or unjust act.
) for this school to take such an arbitrary stance on enforcement of the basic necessities for life. This government agency cannot arbitrarily decide with wide reaching mandate what weather pattern, temperature or other environmental factor can constitute necessary for every individual to maintain a comfortable body temperature. The argument is rather condescending that this administrator would maintain the position that they know better than the children at how to be comfortable or warm. This administration is engaging in behavior that is not conducive to a comfortable learning environment and instead terrorizing the students with overly and unnecessarily strict policies that are not easy to understand, or find. My child did nothing to harm, bother, intimidate or otherwise threaten any other person on school property yet he has been repeatedly harassed to remove clothing, stop his actions, stop associating with his friends and threatened to be force out of school and stop live instruction by staff abusing policy to exercise tyrannical power and oppression.
Request #2: I am formally requesting the NAMES, dates, times and locations of every single incident in which a staff member of this school disciplined, talked with, enforced or otherwise harassed or bullied my child regarding the dress code. A formal complaint will be waged against each individual who has attempted to enforce this schools policy against my child which requires their names to be disclosed in order to wage such complaint of harassment, discrimination and illegal activity. I believe staff and administration of this school may be engaged in systemic discrimination against children with disabilities in gross violation with California Education Law as set forth below:
California Ed Code § 220. Prohibition of Discrimination No person shall be subjected to discrimination on the basis of disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or any other characteristic that is contained in the definition of hate crimes set forth in Section 422.55 of the Penal Code, including immigration status, in any program or activity conducted by an educational institution that receives, or benefits from, state financial assistance, or enrolls pupils who receive state student financial aid.
California Ed Code § 234.1. The department, pursuant to subdivision (b) of Section 64001, shall monitor adherence to the requirements of Chapter 5.3 (commencing with Section 4900) of Division 1 of Title 5 of the California Code of Regulations and this chapter as part of its regular monitoring and review of local educational agencies, commonly known as the Categorical Program Monitoring process. The department shall assess whether local educational agencies have done all of the following:
(a) Adopted a policy that prohibits discrimination, harassment, intimidation, and bullying based on the actual or perceived characteristics set forth in Section 422.55 of the Penal Code, including immigration status, and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The policy shall include a statement that the policy applies to all acts related to school activity or school attendance occurring within a school under the jurisdiction of the superintendent of the school district.
(b) Adopted a process for receiving and investigating complaints of discrimination, harassment, intimidation, and bullying based on any of the actual or perceived characteristics set forth in Section 422.55 of the Penal Code, including immigration status, and Section 220 of this code, and disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics. The complaint process shall include, but not be limited to, all of the following:
(1) A requirement that, if school personnel witness an act of discrimination, harassment, intimidation, or bullying, they shall take immediate steps to intervene when safe to do so.
(2) A timeline to investigate and resolve complaints of discrimination, harassment, intimidation, or bullying that shall be followed by all schools under the jurisdiction of the school district.
(3) An appeal process afforded to the complainant in the case of a disagreement with the resolution of a complaint filed pursuant to this section.
(4) All forms developed pursuant to this process shall be translated pursuant to Section 48985.
Request #3: I am formally requesting the school provide me with the required information on how to start the process outlined in the California Education Code 234.1 to levy a harassment and discrimination complaint against this school for not accommodating, accounting for, reporting or otherwise appropriately handling my child with a diagnosed disability (
Disability: a physical, mental, cognitive, or developmental condition that impairs, interferes with, or limits a person's ability to engage in certain tasks or actions or participate in typical daily activities and interactions.
). I believe my child is being targeted specifically by staff who ignore other children wearing hoods (witnessed first-hand by my wife while talking with staff about this issue) but are singling out my child daily. We have routinely worked with the school to monitor and accommodate his diagnosed disabilities which include ADHD and an auditory processing disorder. Other than for OBVIOUS REASONS such as providing warmth and protection from the sun outdoors, his use of a hood helps alleviate stress, anxiousness and maintain focus from the endless distractions and noise around him. The school is specifically prohibited by law from disallowing the use of articles of sun protective clothing as outlined below and as previously stated to this abhorrent school district:
California Ed Code § 35183.5. Sun-protective clothing and sunscreen
(a)(1) Each school site shall allow, for outdoor use during the school day, articles of sun-protective clothing, including, but not limited to, hats.
Request #4: I am formally requesting a copy of this schools disciplinary actions plan. This school has violated California Law by threatening and attempting to confiscate my child’s hooded sweatshirt. In taking such drastic action I believe the school was attempting to conduct a prohibited physical punishment outlined here:
California Ed Code § 49001.
(a) For the purposes of this section “corporal punishment” means the willful infliction of, or willfully causing the infliction of, physical pain on a pupil. An amount of force that is reasonable and necessary for a person employed by or engaged in a public school to quell a disturbance threatening physical injury to persons or damage to property, for purposes of self-defense, or to obtain possession of weapons or other dangerous objects within the control of the pupil, is not and shall not be construed to be corporal punishment within the meaning and intent of this section. Physical pain or discomfort caused by athletic competition or other such recreational activity, voluntarily engaged in by the pupil, is not and shall not be construed to be corporal punishment within the meaning and intent of this section.
(b) No person employed by or engaged in a public school shall inflict, or cause to be inflicted corporal punishment upon a pupil. Every resolution, bylaw, rule, ordinance, or other act or authority permitting or authorizing the infliction of corporal punishment upon a pupil attending a public school is void and unenforceable.
By attempting to force my child to remove his protective clothing and force him into the uncomfortable position of suffering a 47degree outside temperature, this school is actively pursuing physical discomfort as an enforcement tool in violation of state law. Consequently my child also informed me that the school has engaged in seclusion as a punishment yesterday in a separate incident when he refused to take off his sweatshirt. He stated an unknown yard duty staff member forced him into seclusion as punishment (
Seclude: 1 to exclude from a privilege, rank, or dignity. 2 to remove or separate from intercourse or outside influence
) during his lunch recess so that he could not play with, engage with or otherwise socialize during his designated recess period. In the incident today, my child said that he would be forced back into distance learning if he would not comply with the dress code and remove his hood or sweatshirt. The school made no effort to contact or notify us of this disciplinary action on our child and violated the state’s laws on using seclusion techniques and threats against pupils:
California Ed Code § 49005.2. A pupil has the right to be free from the use of seclusion and behavioral restraints of any form imposed as a means of coercion, discipline, convenience, or retaliation by staff. This right includes, but is not limited to, the right to be free from the use of a drug administered to the pupil in order to control the pupil’s behavior or to restrict the pupil’s freedom of movement, if that drug is not a standard treatment for the pupil’s medical or psychiatric condition.
California Ed Code § 49005.6. An educational provider shall avoid, whenever possible, the use of seclusion or behavioral restraint techniques.
California Ed Code § 49005.8. (a) An educational provider shall not do any of the following:
(1) Use seclusion or a behavioral restraint for the purpose of coercion, discipline, convenience, or retaliation.
It has become glaringly obvious to me that the staff of the district and its subordinate schools are unaware of basic laws regarding the operation of schools in California. The policies and activities being conducted by staff and administration are clearly tyrannical and contrary to law and order defined in this state. I have expressed my complaints with this district before and I will reiterate them again.
Request #5: My wife and I are formally submitting our choice as the parents of our 4 children attending TUSD that NONE of our children will comply with the school uniform policy. By state law this school must accept my choice and may IN NO MANNER penalize or discriminate against my children for my choice to support their non-compliance with your insane, asinine, tyrannical, nonsensical, punitive and fascist policies regarding face coverings, dress codes etc. If the manner in which I am conveying this choice does not suffice then I demand you provide me the approved method to do so.
California Ed Code § 35183. Dress Codes:
(e) The governing board shall provide a method whereby parents may choose not to have their children comply with an adopted school uniform policy.
(f) If a governing board chooses to adopt a policy pursuant to this section, the policy shall include a provision that no pupil shall be penalized academically or otherwise discriminated against nor denied attendance to school if the pupil’s parents chose not to have the pupil comply with the school uniform policy. The governing board shall continue to have responsibility for the appropriate education of those pupils.
The administration of this school are not puppets and shall not use excuses as such in defense of illegal or oppressive policy. This school and its operators are fully capable of making logical decisions regarding policy and conduct. The rules, policies or other mandates handed down by a district office or governor for that manner are not an absolute. This school has many options in how to handle, change or otherwise disobey unconstitutional, oppressive, tyrannical or illegal policies. I will not accept blind obedience and compliance as an excuse for any individual entrusted by the public to engage with children in public education.
I understand writing policy and rules is difficult with a large diverse population under its effect but the basic freedoms and laws should never be ignored to take a “1 law to rule them all” approach at policy. Policy should be tailored narrowly to only root out the problem and not broadly to crush the innocent. This school has blatantly ignored law and jumped on the tyranny bandwagon to oppress our children into being mindless robots conforming to your every command or be crushed, secluded and punished until they decide to comply. You will receive a rude awakening from time to time when you cross paths with the wrong parent who will not sit idly by as you make your own rules and ignore our children’s best interests.
The state has imposed the most tyrannical and oppressive mandates IN HISTORY. California is at its root the most racist state in the union and has passed and enforced some of the worst laws in history such as race based concentration camps. This school should think harder and more critically about where the lines are regarding encroaching on the personal freedoms of its students and parents lie. Do not look to the state, its governor or the school district to make wise choices because they have historically made horrific and terrible choices. Our children have been SECLUDED FOR A YEAR and because of this there is a corresponding increase in self harm, anxiety and mental illness in our underage population. My children were finally excited to go to school when it started back, only to be immediately crushed into the sand with oppressive, bullying conduct by staff. This district has shown little care for the mental well-being of our children and is a disgrace to the American way of life for complying with the oppressive tyranny laid down by our governor. Time will tell how much damage you did to our children with these policies and mandates and sadly this state will never hold anyone accountable for it.
My children do not wish to cause scenes, draw unnecessary attention or otherwise act in a fashion not normal for children their age. This school has chosen to target, intimidate, punish and harass my child who was literally doing nothing that a normal child would not be doing. The staff of this school have chosen to make an example, cause a scene and draw unwanted attention to my child for being normal, acting his age and doing nothing otherwise harmful or disruptive. Please sit back and take that in for a second. Now re-read the definition of tyranny listed above. The children are not the problem, the California Education system has become the bully and the problem. I implore you to do something about it.
Formal Notice of use of recording devices: All contact verbally, written, electronic or otherwise will be recorded and disseminated widely. Expect no privacy when communicating with me as your words will be used against you in a court of law and in the public square.
Formal Notice of complaint: I have outlined several of my concerns and complaints with the conduct of this school and will be filing a written complaints with the department of Education which will include this correspondence as well as any other correspondence I receive from this school or its district office in response regarding the conduct, policies and malfeasance of this school. I expect this school has someone capable ensuring that ALL 5 of my requests are responded too.
Plain Text File 2:
Monday April 26th, 2021
To whom it may concern,
Shortly after receipt of my complaint on Friday April 23rd, Turlock Jr High School announced to students today on Monday April 26th that the dress code has changed and will be enforced differently. While this is a step in the right direction it is nevertheless still in gross violation of California Education Code. This school has failed to meet the basic requirements set forth in the California Education Code and is willfully violating the law even after valid complaint has been waged forth which is legitimized by the actions taken in attempting to modify or clarify the dress code and disciplinary actions. I have downloaded a copy of the video file labeled TVL 4.26.21.mp4 which depicts the principal of Turlock Jr High School during the morning video conference with students explaining the changes to the dress code and its enforcement as disseminated to students attending the school. This announcement is in violation of the California Law outlined here:
California Education Code 51101. (a) Except as provided in subdivision (d), the parents and guardians of pupils enrolled in public schools have the right and should have the opportunity, as mutually supportive and respectful partners in the education of their children within the public schools, to be informed by the school, and to participate in the education of their children, as follows:
(12) To be informed in advance about school rules, including disciplinary rules and procedures in accordance with Section 48980, attendance policies, dress codes, and procedures for visiting the school.
TJHS has made no attempt to notify parents in advance in either the change in dress code or in the disciplinary actions. By design the new dress code as explained by the principle is completely unenforceable and contrary to the state law. The school cannot dictate when or when not dress codes can or cannot change without informing parents and guardians in advance prior to implementing those changes nor can the school dictate and temperature at which certain dress codes go into effect for the same reasons. School staff cannot decide on a whim or by the temperature read out of some device when children must comply with certain codes or not because the children will not have unfettered or unobstructed constant access to such device to determine individually when a new policy applies nor would parents have advance notice of each subsequent change to the dress code as the temperature varies throughout the day.
This school has fallen extremely short of showing a willingness to comply with the law and take pupil and parent rights serious. I included a request for the dress code in my last letter and expect to receive a copy of the dress code unaltered from its state as of Friday April 23rd, 2021, and would consequently also request a second copy of its current state as of Tuesday April 26th, 2021 showing the potentially illegal alterations made to the dress code and disciplinary actions on both dates without parental or pupil advance notice. If no such formal changes were made to the dress codes or disciplinary codes then I would like a very detailed explanation why the principle would disseminate a video stating otherwise? If no such changes were made this would constitute fraud, deception or malice in the enforcement of such policies against pupils either prior to or after said changes.
Our child has indicated that disciplinary actions were previously taken against him for failure to comply with these illegal dress codes in violation of state law. As parents to this child we were never given notice or information about these disciplinary actions as mentioned in the previous letter but it has come to our attention that the school may have further violated California State Education Code laws by denying us the knowledge and opportunity to make a written statement or response in regard to those disciplinary actions as afforded to parents as follows:
California Education Code 49072.
Whenever there is included in any pupil record information concerning any disciplinary action taken by school district personnel in connection with the pupil, the school district maintaining such record or records shall allow the pupil’s parent to include in such pupil record a written statement or response concerning the disciplinary action.
As these violations now elevate above and beyond the actions of individual staff to the level of school wide involvement in actively concealing and denying students and parents their rights, additional formal complaints will be made at the district, school board and state levels against the principal and school. I fully intend and expect all requests set forth in my previous letter as well as the additional request for dress and disciplinary codes made in this letter to be addressed within the 5 business day deadline set forth in:
California Education Code 49069.7. (a) Parents of currently enrolled or former pupils have an absolute right to access to any and all pupil records related to their children that are maintained by school districts or private schools. The editing or withholding of any of those records, except as provided for in this chapter, is prohibited.
(b) Each school district shall adopt procedures for the granting of requests by parents for copies of all pupil records pursuant to Section 49065, or to inspect and review records during regular school hours, provided that the requested access shall be granted no later than five business days following the date of the request. Procedures shall include the notification to the parent of the location of all official pupil records if not centrally located and the availability of qualified certificated personnel to interpret records if requested.
I am extremely disappointed to hear the principal himself threatening children that they will not be allowed to “promotion” for not immediately complying with all staff instruction. The children are in no way required to comply with all staff instruction and in cases such as my children where their parents have specifically filed complaint and notice with the school that my children do not have to comply with the dress code it is expressly illegal for the school to punish or discipline my children in this manner as I outlined previously in my other letter. The principal’s actions were a clear threat to comply with staff and policy or be punished with loss of promotion privileges. Our children’s rights are not suspended upon entering your schools property and you and your staff must respect those rights even if they are inconvenient or not to your liking. The principal’s tone in the video showed a clear bias and frustration with these policies which may be manifesting into at best an unhealthy attitude as a government employee in charge of children. The school should be encouraging students to stand up for themselves and their rights and not submit like a slave to the will of government employees. It is completely unfair and oppressive for the leader of the school to make such comments to children under his control that they must follow all commands all the time (even unconstitutional ones that violate the first amendment) or suffer severe consequence. Children do not surrender their right to question the legality or authority of a command until a later date as the principal explained inappropriate in the video. Children and parents are entitled by law to have advance notice of the policies and codes so that they may have the opportunity to decline to not comply with unconstitutional or illegal commands by staff. The principal’s threats to discipline the students who do not obey are completely in violation of the law as indicated above and they were made under color of law as a government employee. I believe the principal was breaking or skirting the line of committing a criminal hate crime as outlined below:
California Code, Penal Code - PEN § 422.55. For purposes of this title, and for purposes of all other state law unless an explicit provision of law or the context clearly requires a different meaning, the following shall apply:
(a) “Hate crime” means a criminal act committed, in whole or in part, because of one or more of the following actual or perceived characteristics of the victim:
(7) Association with a person or group with one or more of these actual or perceived characteristics.
(b) “Hate crime” includes, but is not limited to, a violation of Section 422.6.
422.56. For purposes of this title, the following definitions shall apply:
(a) “Association with a person or group with these actual or perceived characteristics” includes advocacy for, identification with, or being on the ground owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of those characteristics listed in the definition of “hate crime” under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.
(d) “In whole or in part because of” means that the bias motivation must be a cause in fact of the offense, whether or not other causes also exist. When multiple concurrent motives exist, the prohibited bias must be a substantial factor in bringing about the particular result. There is no requirement that the bias be a main factor, or that the crime would not have been committed but for the actual or perceived characteristic. This subdivision does not constitute a change in, but is declaratory of, existing law under In re M.S. (1995) 10 Cal.4th 698 and People v. Superior Court (Aishman) (1995) 10 Cal.4th 735.
(i) “Victim” includes, but is not limited to, a community center, educational facility, entity, family, group, individual, office, meeting hall, person, place of worship, private institution, public agency, library, or other victim or intended victim of the offense.
California Code, Penal Code - PEN § 422.6
(a) No person, whether or not acting under color of law, shall by force or threat of force, willfully injure, intimidate, interfere with, oppress, or threaten any other person in the free exercise or enjoyment of any right or privilege secured to him or her by the Constitution or laws of this state or by the Constitution or laws of the United States in whole or in part because of one or more of the actual or perceived characteristics of the victim listed in subdivision (a) of Section 422.55 .
Very Concerned Parents
Boad of Education Member:Alice Pollard mailto:email@example.com
School Board Members:Lori Carlson mailto:firstname.lastname@example.org
Anthony Silva mailto:email@example.com
Jeffrey Cortinas mailto:firstname.lastname@example.org
Mary Jackson mailto:email@example.com
Jose Sanchez mailto:firstname.lastname@example.org
Daniel Benedict mailto:email@example.com
Kenneth Howenstine mailto:firstname.lastname@example.org
TUSD Staff:Dana Trevethan mailto:email@example.com
TJHS Staff:Michelle Bliss mailto:firstname.lastname@example.org
Ginette Reeves mailto:email@example.com
Robert Ruiz mailto:firstname.lastname@example.org
Cynthia Velazquez mailto:email@example.com