Under-reporting Violence in New York State Public Schools

Former New York State Comptroller Alan Hevesi reports that school districts in New York State are under-reporting violence in schools by as much as 60%.  Under-reporting violence compromises the safety and welfare of ALL district students.  New York State Commissioner's Rules and Regulations require school districts to report violence in their schools.  Why then does violence in New York State public schools continue under-reported? 

According to a recent analysis of the New York State School Report Card for the 2005-2006 school year by WBEN's Dave Debo, City of North Tonawanda School District, North Tonawanda, New York, reported only 3 bomb threats for the 2005-2006 school year.  Upon SWORN Affidavit of Principal James V. Fisher, North Tonawanda High School, Principal Fisher alleges "a series of 6 or 7 bomb threats" during the period October 7 through October 12, 2005.  Further interesting is the fact that City of North Tonawanda School District did not report any incidents of intimidation, harassment or bullying for the 2005-2006 school year.  Although the Superintendent of City of North Tonawanda District Schools has an opportunity to correct under-reporting, it is not known whether or not the Superintendent has in fact corrected this apparent discrepancy.

A complaint has been filed with New York State Office of the State Comptroller's Investigations and School Accountability Divisions against City of North Tonawanda School District for an apparent discrepancy in the number of bomb threats reported to New York State Education Department for the 2005-2006 school year and the number of bomb threats actually claimed to have occurred by Principal Fisher at North Tonawanda High School; three reported versus "a series of 6 or 7" during the period of October 7 through 12, 2005 alone.  The complaint also raises questions as to the apparent failure to report any incidents of criminal mischief, or intimidation, harassment, or bullying; a complete investigation into this matter by New York State Office of the State Comptroller is expected. 

Update: 1 December 2007 

According to correspondence recently received from Albert Wm. Brooks Associate Counsel State of New York Office of the State Comptroller, "the reporting of violent or disruptive incidents is required by section 2802 of the Education Law.  Under this provision, school districts are required to report annually to the Department of Education (Department), in a form and by a date prescribed by the Commissioner of Education (Commissioner), information concerning violent and disruptive incidents that occurred in the prior school year.  Section 100.2(gg) of the Commissioner's regulations (8 NYCRR 100.2(gg)) defines the types of violent incidents that must be reported and the additional information that must be included in the annual report.  The Department is required to assess the reported information and determine whether any schools should be designated as persistently dangerous because of their violent and disruptive incidents.

In accordance with section 305(1) of the Education Law, the Commissioner is charged with enforcing all general and special laws relating to the education system and with executing all educational policies of the Board of Regents.  Further, section 306(1) of the Education Law authorizes the Commissioner to withhold from any district or city its share of public moneys for willfuly disobeying any provision of law or any decision, order or regulation.  Finally, the Commissioner is authorized by section 308 of the Education Law to institute any proceeding as may be necessary to properly enforce and give effect to any provision of the Education Law.

The Office of the State Comptroller has audited the Department's oversight of this incident reporting program, pursuant to its authority under the State Constitution and the State Finance Law.  However, in accordance with the provisions of the Education Law cited above, the Department of Education would have the authority to initiate such other action as might be appropriate upon a determination that the information provided by a particular school district in its annual reporting was inaccurate or otherwise deficient.  Accordingly, we are forwarding your complaint to the Commissioner of Education."

Visit Standards and Truths of Equality, http://www.theeleventhdistrict.blogspot.com, to follow Commissioner Mills past performance and response to allegations of violations of general and special laws relating to the education system by City of North Tonawanda School District. 

Update:  20 December 2007

Questions continue surrounding the apparent under-reporting of violent incidents by City of North Tonawanda School District to New York State Education Department for the 2005-2006 school year.  A "FOIL" request for agency records within the possession and control of the City of North Tonawanda Police Department was directed to Chief of Police and Records Access Officer Randy Szukala on 6 December 2007.  A "No Reply" by Chief Szukala within the time frame prescribed by law prompted a telephone call to North Tonawanda City Attorney Shawn P. Nickerson who indicated that the "FOIL" request could be directed to him.  The request is for papers, reports/incident reports, letters, films, photographs, and sound recordings, related to all bomb threats occurring at North Tonawanda High School, located at 405 Meadow Drive, North Tonawanda New York, during the 2005-2006 school year. A request for documents that describe or reflect the procedures followed by investigating officers on this matter, as well as a record of calls made to Emergency 911 response system and, if the call was transferred to the Fire Department or the Emergency Medical Service, a record of those calls as well.

New York State Commissioner of Education Richard P. Mills has not yet responded to the complaint of apparent under-reporting by City of North Tonawanda School District forwarded to him by the State of New York Office of the State Comptroller.  North Tonawanda City Attorney Shawn Nickerson has five business days from receipt of the (second) request to respond to the request for records.  

Update: 29 December 2007

North Tonawanda City Attorney Shawn Nickerson's response to "FOIL" Request for Records relating to all bomb threats occurring at North Tonawanda High School, North Tonawanda New York during the 2005-2006 school year fails to provide all documents requested and without explanation.  City Attorney Nickerson also failed to provide the name, address and email address, of the person or body to whom an appeal can be directed. 

Assuming responsibility for the "FOIL" request for records relating to all bomb threats occurring at North Tonawanda High School during the 2005-2006 school year, after North Tonawanda Chief of Police Randy Szukala defied "FOIL" laws and procedures, North Tonawanda City Attorney Nickerson forwarded (two) 2 North Tonawanda Police Department NYS Incident Reports, one (1) City of North Tonawanda Department Crime Scene Log, and three (3) North Tonawanda Police Department Incident Maintenance Logs (a total of 11 pages), plus an Invoice in the amount of $11.25, evidently representing the cost of copying.  Amidst other matters, the existence of photographs of the crime scenes is evidenced by written reports, yet were not provided.  Follow-up correspondence to City Attorney Nickerson regarding these matters was responded to by Assistant City Attorney Robert Sondel who states, among other matters, "...that the information provided to you was the only information provided to this office from the North Tonawanda Police Department."  Assistant City Attorney Sondel also indicated that "...NTPD states that there are no photos to correspond with your request, although we asked that they check again to be sure."

By letter dated 28 December 2007, Assistant City Attorney Robert Sondel has been asked to provide, among other explanations, an explanation regarding the photos taken as evidence at the scene (yet not provided), an explanation regarding the fact that no report was required for the alleged bomb threat occurring at North Tonawanda Senior High School on 12 October 2005, as well as to provide the name of the person or body to whom an appeal can be directed; North Tonawanda City Attorney Shawn Nickerson was copied on this correspondence.

Update: 16 January 2008

The City of North Tonawanda Police Department continues to refuse to provide an explanation for their claim that there is no photographic evidence of the crime scene(s) taken at North Tonawanda High School by NTPD Captain Detectives Hall, Kalota and Mahoney in October 2005, for the reason of alleged bomb threats.

In correspondence dated January 15, 2008, North Tonawanda City Attorney Nickerson states that "...the City is not required to keep old information indefinitely...."  and that "...we did ask the NTPD to recheck their file(s) for the existence of photographs, and they reiterate they have none." 

NTPD is clearly avoiding explanation of where the photographic evidence is.  The FOIL request is not simply for "old information".  Crime scene evidence cannot be destroyed or disappear without explanation (ie the date of destruction and who authorized the destruction of evidence) and there is concrete evidence that photographs of the crime scene(s) were in fact taken by NTPD detectives.

City Attorney Nickerson expressed that "you seem to be testing this office as to the NYS FOIL law,... ". This statement by Attorney Nickerson is self-explanatory and a FOIL Appeal will be directed to Honorable Mayor Soos and the Common Council of the City of North Tonawanda. 

In other matters, NYS Commissioner of Education Richard P. Mills has volunteered no communication regarding the Complaint against City of North Tonawanda School District for Under-Reporting Violence and alleged manipulation of student records forwarded to him by NYS Office of the Comptroller in November 2007.   

Update: 20 March 2008

Nearly four months have passed with no communication from NYS Commissioner of Education Richard P. Mills relating to the Complaint against City of North Tonawanda School District for Under-Reporting Violence and alleged manipulation of student school records forwarded to him by NYS Office of the Comptroller in November 2007.

An amended FOIL request has now been directed via e-mail March 16, 2008 to New York State Education Department Records Access Officer, Nellie Perez, requesting all Violent and Disruptive Incident Reports submitted to SED by City of North Tonawanda School District for the 2004-2005, 2005-2006 and 2006-2007 school terms.  The NYSED Records Access Officer has five days to acknowledge receipt of the amended FOIL request. To date, an acknowledgement of receipt of the amended FOIL request has not been received. 

See related NowPublic News in CULTURE: "Advisory Opinion Sought From Department of State Committee on Open Government". 

Update: 21 March 2008

New York State Education Department Access Records Officer Peg Rivers acknowledges receipt of amended FOIL request for State Education Department (SED) records of Violent and Disruptive Incident Reports submitted to SED by the City of North Tonawanda School District for the 2004-2005, 2005-2006, and 2006-2007 school terms.  The email, received today at 1:03 p.m. is marked "High Priority" by NYSED.  Ms. Rivers (among other matters) indicates that the Department will respond by approximately April 18, 2008, as to whether the request will be granted or denied in whole or in part. 

Update: 7 April 2008

Kathryn McCall, Assistant in Education Research P-16, Information and Reporting Services, New York State Education Department responded to March 16, 2008 amended FOIL Request for State Education Department records of Violent and Disruptive Incident Reports (VADIR) submitted to SED by City of North Tonawanda School District for the 2004-05, 2005-06, and 2006-07 school terms.

Initial review of the 2005-06 VADIR shows three bomb threats, not "...6 or 7 bomb threats..." as alleged by North Tonawanda High School Principal, James V. Fisher, in SWORN Affidavit before the New York State Division of Human Rights to have occurred between October 7 through (and including on) October 12, 2005, were reported to SED and local law enforcement.  The initial review also raises additional questions to the reporting techniques of Violent and Disruptive Incidents to SED by City of North Tonawanda School District, North Tonawanda High School. 

The reports now raise questions as well to the accuracy of WBEN's Dave Debo's Online Extra: Violence in Western New York (WNY) Schools, who has also interviewed New York State Board of Regents Chancellor Bob Bennett, a resident of the Tonawandas, on his talk station; Debo's report provided a breakdown of VADIR on several WNY schools for the 2005-2006 school term.

Commissioner Mills did not respond to (among other matters) the Complaint of Under-reporting Violent Incidents to SED by North Tonawanda City School District, and the results of a complete analysis of VADIR submitted to SED by City of North Tonawanda School District, including Debo's report, will be published in a separate article in the up-coming weeks. 

Cross-Reference: http://www.nowpublic.com/crime/online-extra-violence-wny-school