Fulton County "Proposed" Termination Letter of Melanie Pickens
FYI – Melanie Pickens resigned.
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Carol Sadler, Special Education Consultant/Advocate
GA Advocacy Office PLSP I Graduate
770-442-8357
1105 Rock Pointe Look
Woodstock, GA 30188
CarolSadler@bellsouth.net
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"There is nothing more unequal than the equal treatment of unequal people." ---- Thomas Jefferson
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GNET=GetNoEducation/Therapy=PsychoNOed=Jail without jury or trial=Imprisonment without legal representation
CONFIDENTIAL AND PRIVILEGED
Information contained in this communication is confidential and privileged. It is not meant to represent legal or medical advice, but rather advice given based on my knowledge as a trained Parent Advocate by the GA Advocacy Office, Council of Parent Advocates & Attorneys, CHADD, LDA, the GA DOE Parent Mentor program as an invited guest and the special education attorneys that I often work with on educational matters. Please do not forward without my permission.
INSERT DISTRICT LETTERHEAD
July 25, 2007
VIA CERTIFIED MAIL
Ms. Melanie Pickens
Re: Charge Letter for Termination
Dear Ms. Pickens:
Pursuant to O.C.G.A. § 20-2-940, et seq., you are hereby notified that you will he terminated from teaching at Hopewell Middle School for Incompetency pursuant to O.C.G.A. § 20-2-940 (a)(1), Insubordination pursuant to O.C.G.A. § 20-2-940 (a)(2), Willful Neglect of Duties pursuant to O.C.G.A. § 20-2-940 (a)(3), Immorality pursuant to O.C.G.A. § 20-2-940 (a)(4), and Any Other Good and Sufficient Cause pursuant to O.C.G.A. § 20-2-940(a)(8). Copies of these statutes are attached for your reference.
You are notified that the Fulton County Board of Education will designate a panel to conduct a hearing pursuant to O.C.G.A. § 20-2-940, el seq. The hearing will be held at a.m. on August X, 2007, in the Board Room of the Fulton County School District's central office. 786 Cleveland Avenue, Atlanta, GA, at which time you may appear and be heard in response to these charges.
Charges: Incompetency, Insubordination, Willful Neglect of Duties, Immorality, and Any
Other Good and Sufficient Cause
On May 21, 2007, you placed student J.M., a severely physically and mentally impaired student, alone in a classroom without supervision for an extended period of time. The classroom door was found to be closed. Student J.M. was later discovered to have soiled himself and to have spread feces all about his body and face while restrained in his chair. The smell was so bad that the teachers could not use that room the next day.
According to Ms. Stacy White, at 2:50 p.m., May 21, 2007, Ms. Yasaland King told Ms. White that J.M. was across the hall from your classroom by himself with the door closed. At about 3:10 p.m., Ms. White went with her students to put them on the bus. Ms. Clarenda Baugh remarked of the smell on the Special Education Hall as they passed through it. When they came back, the smell was worse. Ms. White asked Ms. Stephanie Sosebee about the smell, and Ms.
Sosebce told her that J.M. had been in the Rifton Chair. Ms. White then heard that you were cleaning J.M. up in the shower.
On May 22, 2007, Ms. Susan Tallant told Ms. White that J.M. had been sitting in the Rifton Chair in the Adaptive P.E. room with the door shut for a long time on May 21, 2007. No one had been in the room with J.M. dunng this period of time.
On May 21, 2007, at about 1:50 p.m.. Ms. Tallant took her students and left the classroom to walk around. They got back to the U Hall about 2:30 p.m. and got everyone back into the room. Two students had to go to the restroom. Ms. Tallant asked Ms. Judy Massey, who was next door in your room, to watch her students while she went to the restroom herself. Ms. Tallant was gone about five minutes. She was returning to her classroom and was passing Ms. Sosebee's classroom in the middle of the hall when Ms. Massey asked her to look into the Adaptive P.E. room across the hall from Ms. Tallant's classroom. Ms. Tallant looked into the room and saw J.M. in the Rifton Chair in a recline position with the tray in front. J.M. was covered with feces on his face, clothing, and feces was on the chair and carpet. Ms. Tallant does not know how long J.M. was in the room by himself.
On May 21, 2007, Ms. Massey came into Ms. Sosebee's classroom and informed her that J.M. had a bowel movement. Ms. Sosebee went down the hall to the Adaptive P.E. room where J.M. was covered with feces. Feces was also all over his chair, tray and on the carpeted floor. Ms. Sosebee almost gagged from the terrible smell. Ms. Sosebee took her students outside about 3:00 p.m. because of the smell. You and Ms. Massey took J.M. to the bathroom to clean him up and then started cleaning up the room.
On May 21. 2007, about 1:45 p.m., Ms. 13augh left her classroom with two other students to take a walk. As they were leaving the hall to go outside, Ms. Baugh noticed an odor. As they were leaving, Ms. Baugh noticed Ms. Massey in the hall. They walked around the building and returned about 2:05 p.m. They entered the building through the front door and proceeded back to the Special Education hall. As Ms. Baugh entered the hall with her students, she asked Ms. Massey about the odor. Ms. Massey replied that J.M. had a bowel movement. Ms. Massey had on latex gloves. Ms. Baugh also noticed Cindy Eitmann cleaning, but the had smell was still present.
On May 21, 2007, J.M. was in a bad mood. J.M. tripped A.W. and caused him to fall. He also grabbed a girl's hair. About 8:45, you took the whole class to Adaptive Art. J.M. also misbehaved in that class. You took J.M. hack to your class and stayed with him. You later returned to Adaptive Art for the last 15 minutes of class. After art class, about 10:40 a.m., you put J.M. in the Rifton Chair and put him in the Adaptive P.E. room by himself with the door closed. J.M. stayed there by himself until lunch, about 12:30 p.m. During this entire time, you did not check on him. This type of treatment of putting J.M. in a room by himself with the door closed happened about one time a week. Each occasion lasted at least 30 minutes. After lunch, about 1:15 p.m., J.M. went hack to Adaptive P.E. by himself. Ms. Massey went to check on him about 1:30 p.m., and he was okay. Five minutes later, Ms. Massey went back to check on J.M.,
and J.M. was playing in his own feces. Ile had spread it on the chair, floor, face, and hair. Ms. Massey had to give him a shower to clean him up.
On May 21, 2007, Ms. Tallant's assistant, Ms. Mathis, went home ill about 11:30 a.m. About 1:50 p.m., Ms. King asked Ms. Tallant if she needed any help. As Ms. King walked down the hall to Ms. Tallant's room to ask her that question, she noticed J.M.'s voice coming from the adaptive P.E. room. She was in Ms. Tallant's room about 2 to 3 minutes, and Ms. Tallant told Ms. King that J.M. had been in that room for "awhile.- From about 1:40 p.m. to 2:30 p.m., J.M. was still there in a room by himself. After 2:30 p.m.. Ms. King had to go to the bathroom. When she came out into the hall, she noticed a very strong odor. When Ms. King was taking her kids to get on the bus, she saw J.M. in the room, and he had sometime had a bowel movement. She saw that he was covered in feces, all over himself, the chair and on the carpet. It was so bad that the teachers could not use the P.E. room the next day.
On May 21, 2007, Ms. Eitmann saw J.M. in the Adaptive P.E. room about 2:45 p.m. He was in the Rifton Chair, and he had feces all over himself, his clothes, the chair, tray and the carpet. J.M. had been in this room by himself with the door closed off and on that day since 10:30 a.m. Ms. Massey told Ms. Eitmann about J.M. making a mess on himself. Ms. Eitmann helped out while you and Ms. Massey took J.M. into the shower to clean him up. The smell was terrible.
Ms. Patricia LeBlanc received a letter from the Division of Family and Children Services (DFCS) sometime during the period between May 24, 2007 and June 8, 2007 that the May 21, 2007 allegation involving J.M. was substantiated.
In November 2004, Ms. Judy Reddick witnessed several incidences where you hit J.M. on the back of his head. Ms. Reddick saw you hit J.M. with considerable force. J.M. got to the point where he cowered and covered his head whenever you used a harsh tone of voice with him.
Ms. Reddick witnessed you use inappropriate language with both J.M. and A.H., another severely impaired student. Ms. Reddick heard you use language with A.H. such as "Your mom's a crack head." She also heard you use language with both J.M. and A.H. such as, "You little Fucker" when you got frustrated with them.
Ms. Reddick also observed that you sent J.M. across the hall to an empty room about two times a week during the school year. Each time, J.M. would spend a minimum of 10 minutes by himself with the door closed.
Ms. Terri Goodman has observed you use inappropriate behavior with severely impaired students. You had student A.H., who has cerebral palsy, during the 2004-2005 and 2005-2006 school years. Ms. Goodman saw you place A.H. in a room across the hall by himself and unsupervised with the door closed on several occasions. Ms. Goodman observed that A.H. was afraid of you.
In May 2006. A.H.'s parents came to the school unexpectedly and saw A.H. in a room by himself. They got very upset about this and demanded that A.H. not be placed in your class again.
In January 2006, Ms. Goodman observed you saying some very inappropriate things to A.H. You said to "Your mother's on crack." She also heard you say to A.H., "They (his parents) don't care about you.' She observed you make loud noises and slap the table very loudly to get the kids to flinch.
During the 2005-2006 school year, Nathan Conway, a school custodian, observed you mistreat J.M. by putting your foot on him on consecutive days. Nathan Conway was very upset.
In March 2007, Kay Kendrick, a speech teacher, came to Ms. Paula Merritt and told her that she was very disturbed with the fact that you were passing gas on a child.
During your tenure at Hopewell Middle School, teachers and paraprofessionals routinely came to Ms. Merritt with reports of inappropriate behavior on your part. The assistants would bring a verbal report to Ms. Merritt on things that they had seen in your classroom and the manner in which you were treating the students.
Toward the end of the 2006-2007 school year, Ms. Baugh, one of your teaching assistants, asked to be removed from your class because of the things that she had seen you do in the classroom.
Starting in October 2006, you put J.M. in a room by himself with the door closed about five times a week. You would leave J.M. for long periods of time. Ms. Stacy White talked to you several times during he 2006-2007 school year about this practice.
In the Fall of 2006, a bus driver (woman, named unrecalled) reported you for roughing up (pushing down) a special education student.
In the Fall of 2006. Ms. White reported you to Ms. Merritt for roughing up J.M. Ms. White saw you kick J.M. You then picked up J.M. and physically lifted him so that he fell on the steps of the bus. Ms. White reported this incident to Ms. Merritt. With Ms. White present, Ms. Merritt called you into her office and told you that this behavior was unacceptable. You acknowledged the facts of the report and realized that you might have been too rough.
During the 2005-2006 school year, Ms. King told Ms. White about an earlier incident in your classroom where you threw a camera at J.M. and hit him in the head.
You had a student named G.L. who is a severely intellectually impaired child. He soiled himself and made a high-pitched scream when he got frustrated. When G.L. screamed, Ms. White observed that you would get in his face, about 1 to 2 inches away and scream back at him with the same tone and intensity. You called it "Scream Therapy." Ms. White, a trained Special Education teacher, has never heard of that technique.
When Ms. White was the department head. she saw you kick J.M. The kick was strong enough to cause J.M. some pain. because he would flinch and cry out. You also pushed your students up against the wall face first and hard enough that their feet would he off of the ground.
Ms. Susan Tallant has seen you leave J.M. in a room by himself several times with the door always closed. She has witnessed you being rough with J.M. J.M. moves slowly, is stubborn and refuses to do things. J.M. would plop down on the floor in the front hall when he arrived at school. Ms. Tallant has observed you take your foot and nudge J.M. to get up. Then, you would use your knee and foot against him and nudge him. You did this almost daily. Ms. Tallant believes that you are unnecessarily rough with J.M. You would shove your body against him and grab his harness.
Amanda Mathis, one of the assistants witnessed an incident between you and one of her students during a Community Day outing at the local Target store. One of her students had started yelling at the checkout and beating himself on the head. You sat him down on the sidewalk outside the door of Target and got right up in his face and started screaming at him, mimicking him while the people passed him on the way to the entrance to the store. Ms. Tallant has also witnessed you screaming the same way at another student, G.L., on the bus.
Ms. Stephanie Sosebee observed that you put J.M. in the Adaptive P.E. room by himself with the door closed about one time a day toward the end of the school year. J.M. would be in the room off and on during the entire day. Whenever he was in this room, he was by himself with the door to the room closed.
Ms. Sosebee observed that when J.M. plopped on the floor, you would nudge him with your foot and knee. Ms. Sosebee would tell you, "That didn't look good." You would be apologetic and reply, "I get so frustrated.-
Ms. Sosebee observed that you did not always have control over your anger. Ms. Sosehee recommended to you that you get some Anger Management classes or get another type of special education job.
While Ms. Calendra Baugh worked in J.M.'s classroom in the Fall of 2006, she saw you put J.M. in the room across the hall at least three times a week. J.M. was always by himself with the door closed. Ms. Baugh thinks that J.M. does not understand why he is put in a room by himself.
Ms. Baugh has seen you kick J.M. several times a week. During the period that she worked for you, she saw you kick J.M. about 20-30 times. This kick was a nudge-type of kick; however, it was usually done in the common area of the school, like the front entrance hall after J.M. exited the bus. Ms. Baugh told you, "That's not right." You did not respond to her.
During the fall of 2006, while Ms. Baugh was working with you, she saw you hit J.M. one or two times because he was not doing his work. This hit was on his shoulder or arm. J.M. would react with his typical anger scream.
In November 2006, after Ms. Baugh left your class, Ms. Baugh was in the Adaptive P.E. room with you and your class. You put A.H. in the room across the hall by himself with the door closed and left him there until he cried himself out. You put A.H. in that room about two times a week, and you left him there by himself for one to two hours each time.
You had a student named C.M. who is blind and mentally impaired and cannot talk. When C.M. got into a loud situation, she would get upset and give out a quick scream. When C.M. did this, Ms. Baugh observed you get right up against C.M.'s ear and scream very loudly into her ear. Ms. Baugh told you to stop, but you did not, saying this was "Scream Therapy." C.M. would always react by screaming more and crying.
During the time that Ms. Baugh worked in your classroom, she saw you go over to J.NI., turn your buttocks into his face about 1 to 2 inches away and then pass gas in his face. You did this one time in the four-month period that Ms. Baugh worked in your class.
On May 21, 2007, as you and Ms. Judy Massey were cleaning up TM_ you told Ms. Massey, "Don't say anything."
Ms. Massey has seen you smack J.M. on the shoulder. When J.M. would plop down on the floor, you would take your foot and nudge him in an effort to make him get up.
During the 2004-2005 school year, Ms. Massey observed you throw a disposable camera at J.M. and hit him on the head. It hit him hard enough to cause a knot to swell up on his head. You told J.M.'s mother that J.M. had hit his head on a cabinet. Ms. Massey also saw vou turn your buttocks to .I.M.'s face, about 2 to 3 inches away from him and shake your buttocks in his face.
In the spring of 2005, Ms. Yasaland King was in your classroom. Ms. Massey was there also. Ms. King was at the computer inputting some data on the students and Ms. Massey was beside her. Ms. King heard a noise like a thump or a smack on the head, and she heard J.M. let out a moan. She then heard you say "Oh shit" and leave the class suddenly. Ms. Massey went over to J.M. and then said, "Oh my God, he's got a goose egg on his head." Ms. King turned around and saw the goose egg on J.M.'s head. Later Ms. Massey told Ms. King that another child had brought a disposable camera to class, and it was lying on your desk. J.M. was misbehaving and you picked up the camera and threw it at J.M. Ms. King, herself, saw the camera lying on the floor about 1 to 2 feet from J.M.
In February 2004, Ms. King observed you lift A.H. out of his wheelchair and slam him on the vinyl wedge. This action scared A.H. In fact, A.H. would get scared and tense every time you came near him.
Ms. King observed vou kick J.M. on a regular basis. J.M. would plop down on the floor, and you would kick him. Your foot would travel about one to two feet before contacting J.M. Ms. King saw this about four to five times a week. J.M.'s reaction would be to whine.
Ms. King has observed you purposely irritate J.M. J.M. would be fine, and you would do something to get him started. For example, you would go over to him and purposely shake your buttocks in his face. Ms. King has also seen you pass gas in his face. You would do this about one or two times a week.
When you worked with J.M during the 2004-2005 school year. J.M would get angry and take a bowel movement in the classroom. He would then take the feces out of his pants and smear it on his face and chair. Ms. King saw J.M. do this two times during that year.
Ms. Amanda Mathis has seen J.M. in a room by himself unsupervised with the door closed. He was in that room about three times a week. During the 2004-2005 and 2005-2006 school years, Ms. Mathis also observed you put A.H. in the room across the hall by himself, unsupervised with the door closed.
Ms. Mathis observed the Target incident where you sat G.L. on the concrete sidewalk outside of Target and started screaming at him in his face with a very loud voice.
Ms. Mathis has observed that if a child did not complete his work before lunch, you would not allow that child attend lunch. Instead, you would keep the child in the classroom and make him a peanut butter and jelly sandwich.
On April 25, 2007. A.W., a child with cerebral palsy, participated in a Special Olympics event at another school. When the bus arrived at Hopewell Middle School, A.W. was so exhausted that he could not get off of the bus. He needed someone to offer him an arm to lean on to help him walk. However, you would not allow anyone to help A.W. with an arm. You just left him on the bus. Ms. Mathis offered A.W. an arm and helped him to get off the bus and to walk back to the classroom. You were very upset with Ms. Mathis about her giving A.W. assistance.
Additionally, even though you knew that A.W. cannot walk with his backpack because it throws him off balance, you made A.W. carry his backpack. Ms. Mathis has observed you grab A.W.'s backpack and shove it back toward him with enough force that it has caused him to fall over on the ground. Ms. Mathis has seen this happen about two times a week.
Further, you refused to use the "Praise Technique" for A.W. even though this technique works for him and is used by A.W.'s parents. You told Ms. Mathis, "We don't clap for him."
Ms. Cindy Eitmann has observed you using a loud voice and pushing your students. She has observed you get angry with your students and rough with them. She has heard you call one of your students, "Little Shit."
Ms. Eitmann has observed you push J.M. with your foot and nudge against him. You would then get frustrated and lose your temper.
List of Witnesses:
1. Ms. Pamela Gayles, Director of Secondary Personnel, may testify regarding her involvement.
Ms. Susan Milani, Hopewell Middle School, Special Education Teacher, may testify regarding her observations and involvment.
Ms. Clarenda Denise Baugh, Hopewell Middle School, Special Education Assistant, may testify regarding her observations and involvement.
4. Cindy J. Eitmann, Hopewell Middle School, Special Education Assistant, may testify regarding her observations and involvement.
5. Ms. Judy C. Massey, Hopewell Middle School, Special Education Assistant, may testify regarding her observations and involvement.
6. Ms. Amanda L. Mathis, Hopewell Middle School, Special Education Assistant, may testify regarding her observations and involvement.
7. Ms. Yasaland L. King, Hopewell Middle School, Special Education Assistant, may testify regarding her observations and involvement.
Ms. Jennifer Una, Physical Therapist, may testify regarding her observations and involvement.
Ms. Judy L. Reddick. Special Needs Nurse, may testify regarding her observations and involvement.
10. Ms. Terri B. Goodman, Special Needs Nurse, may testify regarding her observations and involvement.
11. J.M.ls mother may testify regarding her observations.
12. Ms. Patricia A. Leblanc, School Social Worker, may testify regarding her involvement.
13. Ms. Paula D. Merritt, former Hopewell Middle School, Instructional Support Teacher, may testify regarding her involvement and observations.
14. Mr. Nathan Conway, School Custodian, may testify regarding his observations.
15. Ms. Kay Kendrick, Speech Teacher, may testify regarding her observations.
16. Ms. Stacy L. White, Hopewell Middle School, Special Education Department Chair, may testify regarding her observations and involvement.
17. Ms. Stephanie D. Sosebee, Hopewell Middle School, Special Education Teacher. may testify regarding her observations and involvement.
Additional witnesses names will be provided as soon as practicable. List of Documents:
Documents which may be used as evidence during the above-mentioned hearing will be mailed to you under separate cover.
You are entitled to be represented by an attorney and shall be furnished upon request with subpoenas legally requiring the attendance of witnesses and production of documents and other papers as provided by law.
Sincerely,
James Wilson Superintendent
Enclosures: O.C.G.A. § 20-2-940
cc: Mr. Ron Wade. Chief Human Resources Officer Carol A. Callaway, Esq.
510245_1.DOC
posted by Carol Sadler @ 12:57 PM
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