School District Continues Harassment.

Hello Again ATS Friends-

Six months ago I wrote a thread, about my school district (Collier County/Florida) demanding access to my home in order to verify that my children, in fact, truly resided at the stated address. The responses you provided empowered me to tell the school district to pound sand. The harassment and trespassing stopped. Life went on.....

Until November 1st, 2010 at 5:45 in the morning, when the school district pounded on my front door. We woke up terrified that something terrible had happened! Why else would someone be pounding on our door at 5:45 in the morning???? The dogs were going crazy, my boys who have both been sick were awoken earlier than they should have been to a stressful situation, and our hearts were racing. My husband made the mistake of opening the door. In the past, we would choose to let them knock until their knuckles bled. The dachshund shot through the door, barking at the intruders, and my husband ran out in his underwear to retrieve her. It was a terrible way to start the week.

My husband yelled in his most threatening voice for them to get the HELL off of our property and to never come back. They left. My question will be, in a court of law: What does awaking a family at 5:45 verify, that waiting for 45 minutes when the kids come out the door, doesn't? It isn't about ensuring the kids actually live here, leave, and arrive at the district zoned school- it is about intimidation. Same tactics the police department uses. Catch people while vulnerable, upset them violate their privacy, and show them who is boss. Our family doesn't have to be awoken for them to verify that our kids come out the front door, jump in the vehicle that parks every day in the school parking lot, with the tag number provided. This is sheer harassment because I, a 45 year old woman, decided that no pathetic school administrator with manhood issues would intimidate me. I was willing to go the distance, and I am. No one, and I mean no one, messes with my cubs or my den.

The question being, why after three months of silence, did the school district decide to pay us a visit? Because I stood up to him three months ago, and threatened him with criminal trespass, harassment and stalking charges; along with civil penalties. I told him I would obtain an order of protection. During the three months we were harassed by the school district, we were traumatized. It is no fun knowing your home is being surveyed, that your children are probably being followed.

On Friday, I wrote the school district a Cease and Desist letter. The letter stated that I our home would be monitored, and grounds recorded, and that they were not to trespass on our property, to harass my children, to violate the privacy of their educational records, to harass us with calls, or in any way to have physical contact with us. In addition, I warned them that I would invoke my right to conduct a citizen's arrest on any person from the school district, and that I would block their vehicle from leaving, while I called the Sheriff. Tomorrow I will serve copies to both the Sheriff and Police departments so that they are aware of the ongoing harassment. I also posted a warning sign on my front door, stating that they will be arrested/detained if they enter the grounds of our property.

I will also be retaining an attorney this week to document harassment and serve them another cease and desist notice. After this I go for blood and civil damages. I outlined the harassing behavior and sent a copy to the school district's super-intendant.

What this comes down to is a government official using his power to intimidate, coerce and overstep the law.
This happened to me because I moved a football player with tons of potential (15 years old, 6'3" and 185 pounds with an arm like a missle), from one school district to another (legitimately)...and pissed off a coach with too much influence over this school administrator.

This has got to stop. We can't, for a minute, allow the law to violate our basic rights. As it is, we have lost too much of our power, too much of our privacy, and way to much of our peace of mind.

Patriotism and protecting our Constitutional rights is something we must do one citizen at a time.

My children are humiliated, and embarrassed. They don't really understand what the big deal is. I tell them that your home is your sanctuary that you pay for, and no one should ever have the right to violate your right to quiet living. I tell them about their rights. I tell them to imagine your arch enemy coming into your room, and deciding what he wanted to break, what he wanted to steal....and doing so whenever he wished to do so. Only when your boundaries have been trampled do you understand what we are up against. This is not a small violation. Our children were exhausted that day. They go to bed at 11 and must be up by 6:30 and at school by 7:00. They get out of school at 2:40 and have football practice until 6:30. They come home exhausted, hungry and exhausted. The school district stole something precious from them. No one steals anything from my children. They have poked the hornet's nest....and I my stinger is twitching........

Please refer to my original thread:
www.abovetopsecret.com...

reply to post by lostviking


I have a hard time believing that a disctrict employee would show up before six am asking, what, to see your kids bedrooms with them sleeping there? because a football coach asked them to give you a hard time. I don't mean that I think your making it up I mean that it doesn't make sense as I understand it, so I'm inclined to think there's more to the story. I read your OP in the thread you've linked. What do you suppose anyone hopes to get out of this? Does the coach think you'll transfer your kid back? Or do you think it's all out of revenge?

I wouldn't buy revenge as a motive, and it doesn't make sense that this is how he would go about getting you to transfer your kid back to his school.

School district employees don't enter people's houses where I'm from. That's social services. Are you sure they don't have any reason to think that there is something amiss?

If I were you I would go to your local paper or local television news. They usually love this kind of stuff and it would be the end of the career of anyone who played a part in this if everything your saying is true. That's why it's so unbelievable. The story as I understand it involves a lot of people doing things that would cause them to lose their jobs if they were exposed, and for what? The only person who stands to gain is the coach, and he certainly stands to lose more by doing this than he stands to gain if you transfer your kid back. And these people aren't taking any action to protect themselves or their jobs? Isn't it so obvious that they can't do this without consequnces that they probably wouldn't do it unless they really needed to?

If a local newspaper reporter called the people who were at your house and asked why they were taking such unusually action in your case, what do you think they would say? If you think they would lie, what if the reporter said they had pictures of them at the house? If you think they would have an official explanation, how do you think they would explain such extreme measures being taken in this particular case?

Perhaps you should call pretending to be said reporter. . .

I wish you the best of luck and I'm interested to see how things play out, but I really don't think I've got the full story here because parts of it don't make sense to me.

I found out that schools in london where using electroinc mind control on kids in 1992, so i would not put anything past social workers or school authorities, in america either.

Who knows what they are doing, and peopel are too scared to speak out.

I should of spoke out in 1992, and told my parents and went to solicitor or something about what was done to me, but keeping quiet let these police and gov officials, just walk all over my life.

I do not know about op case, but schools are dangerus places, and people running them are dangerous as my life has proven. Finding out that stuff in 1992, has in effect cost me my whole adult life, so stumbling over corrupt people running schools, or society can ruin your life period.

You go girl!These school yard bullies are all over the system!They pervert the whole idea of child education with their insane behavior.My children suffered this type of harrassment in school too, but it was directed at us the parents with the kids as proxies in the middle.
These petty school authorities are so full of themselves id believe anything is possible for them...
They pervade the school system!Give em hell for me!

There is nothing more to the story. Had I not allowed my talented ninth grade football player go out for football at the other high school that we were zoned for at the time......and changed zones during the summer, this wouldn't have been an issue.

The football rivalry here in South Florida is nasty. A team mate of my son, who changed schools legitimately was hassled also. However, they have since left him alone. Here is this article:

Link

Athletes mean money, exposure and media attention....even in ninth grade down here.
I don't appreciate being accused of not being forthcoming and that there is 'more to the story'. The 'more to the story' is that I would not provide carte blanche access into my home when the school district wanted to search my home, our dressers, our refrigerator and come in our home by demand. That is the issue.

Thank you for the support. True, the kids are in the middle. They must move where there parents tell them (we moved because the coach at the other high school was an egomaniac and now has his minion harassing us).

The last time I checked, there was not a law for legitimately moving to reside in the school of your choice. When you have the financial means to move to the best school district, you do it. If all schools performed equally it wouldn't be an issue, or if parents had the ability to choose their school. We chose Naples High School because we love the teachers, the school environment, the athletic programs, the community support and the diversity of the student population. We left the other school for all the same reasons.

Either we are being 'punished' for leaving, I am being punished for being such a huge privacy advocate and knowing my rights, they want us to move back to the other school district, or this school official is a pathetic excuse for a human being.

I am now angry enough that I am ready to physically/legally defend my home. I will physically detain them and call the sheriff. My husband is 6'5", 320 lbs. and I am no weakling. I will then call the media, and do all I can do to get this bastard fired. I live in a very conservative, tea-party oriented community that does not appreciate government intrusion into our lives.

I will keep you posted, because Monday was the final straw. I lost sleep for months because of their harassment and intimidation. I provided the needed documentation like every student does to verify we live where we are supposed to. The zoning manager must have had a little extra time on his hands last week, and decided to stir up the hornets nest. He is fortunate that I am not a violent person, because I am that angry.

After reading the first posting, and reading what you put down, then here is what I would think, and some may be that you have to go the extra mile on this one. 1) Make sure your yard has a fence, and put a lock on the gates. The locked gates mean that they have to climb over the fence to get to your front door when it is early in the morning/night. Plant bushes and shrubs, check with the local housing authority to make sure you are with in your legal rights. Make it where it is clearly outlined the property line is. Put in flower beds all along the inside and around the house. (this will become apparent later on) And make sure the dirt is nice and airiated, as well as not compacted. Make sure you do have a beware of Dog sign up around your yard. The next bit is a bit underhanded and sneaky, but put a security system in and around your house, to include cameras that cover every inch and angle on the outside of your house, and review the recordings on a regular basis. Make sure you let your neighbors know what is going on, and to keep an eye out. Contact a lawyer and always have a few disposable cameras right within hand reach, then wait. Eventually if this continues, you will catch them, and be sure to call the police each and every time this happens, try to get pictures and above all: DOCUMENT with dates, times and what happened.
Now the reason for the extra steps. If the gates are locked, they have to climb over the fence. The shrubs are to make it harder. The flower beds are good for showing footprints near the house and if they go over the hedge. The Beware of the dog sign, well lets just say if I have a locked gate and fence and someone hops over it and gets bit, who ultimately is at fault there? Take the steps to protect yourself and document, can ultimately reveal things.

I laughed when I read, "are you sure there isn't more to the story?". You can rule out abusing my children. I am 5'8" and 125 pounds. My eldest is a linebacker at 6'3" and 230, my 15 year old 6' 3" 185. My children lack for nothing, and we adore them. I have friends on the City Counsel and in the media. I also know of other children attending the other high school that play football....and are not in the right zone to do so. I have enough information to bring the other high school's program down. All I have to do is to drive that reporter around town........

reply to post by sdcigarpig


Thank you Sdcigarpig. I think some poison ivy or poison sumac vines might also help my cause.

I know how intimidating dealing with officials can be- I admire you for doing what you know is right. And all this for football!! How silly. I would guess whoever is responsible is keeping it up because they do not want to loose face over the ordeal. Just make sure you have no skeletons in your closet, or this could get even more nasty. Just become aware of the laws and your rights. Good luck! Keep us posted.

Originally posted by lostviking
I laughed when I read, "are you sure there isn't more to the story?". You can rule out abusing my children. I am 5'8" and 125 pounds. My eldest is a linebacker at 6'3" and 230, my 15 year old 6' 3" 185. My children lack for nothing, and we adore them. I have friends on the City Counsel and in the media. I also know of other children attending the other high school that play football....and are not in the right zone to do so. I have enough information to bring the other high school's program down. All I have to do is to drive that reporter around town........

I didn't mean that. I was saying that school distict employees don't do what you're talking about where I live, only social services people do. When I asked if they might think something is amiss, I meant exactly that, I never suspected abuse.

I'm sorry to have offended you, but I could tell you wouldn't get too bent out of shape. There's enough BS around here that I prefer to challenge claims that don't sound right to me. It's nothing personal.

I've looked into the school's official policies regarding proof of residency. This is their official policy, taken from this document, which is provided on the district website:

You will enroll your child at the school that is in your school zone (based on your home address)
by completing the Student Registration form, and Annual Student Emergency Information Card.
You must provide: (3) proofs of residency, Florida Immunization Certificate, physical examination
(if new to Florida), and proof of age. Note: If divorced, provide a copy of the decree and any
current legal documents that apply to the parents’ rights as they relate to the child at school.

Proof of Residency

Provide ONE of the following: Collier County Homestead Exemption Card, Collier County
Property Tax Notice, Home Purchase Contract in Collier County, Copy of a Collier County
Manifestation of Domicile filed by the parent, a current rental or lease agreement; AND TWO of
the following: a current Florida driver license or Florida Identification Card, automobile Insurance
(last two statements); a current electric billing statement, water bill, cable bill or landline phone bill
(last two statements).

Parents who would like their child to attend a school other than their home zoned school must
submit a request to the Choice and Out of Zone Specialist (see form on the district website). Out
of zone attendance must be approved before the student may enroll.

Parents who live with someone else must provide: notarized letter from person they are living with
stating that the parent and child live there, notarized letter from parent(s) that they, in fact, live
with such person, (3) proofs of address from person who wrote the letter to establish that they live
in the school zone, (3) proofs of address from the parent to verify that they live at the address.

Parents whose child lives with someone else must submit a notarized power of attorney to the
Department of Student Services review prior to enrollment that states relationship of guardian to
child, that guardian will be responsible for the child’s educational need, and length of temporary
guardianship. If Student Services approves enrollment of the child by the guardian, the guardian
must sign district Statement of Acceptance of Responsibility Form. Note: Evidence of pursuit of
legal custody through the courts must be provided to the school within 90 days, Student Services
will follow-up with district letter to parent/guardian and school, as needed.

Homeless student information is available by contacting the Homeless Liaison at

Should a student move, proof of residency must be provided, as stated above. The following
items are evidence a move is full and complete: the former residence is not occupied for any
purpose at any time by the student or parent/guardian with whom the student has been living; and
all personal belongings are moved from the former residence; and mail is received at the new
residence; and all utilities are transferred to the new residence; and driver license, voter
registration and other forms of legal identification are changed to the new residence.

Similar information is found in the Parent and Student Code of Conduct, which details the district's policies for just about everything and is fairly extensive.

As far as enrolling in a school out of your zone, the district has this to say about residency:

Proof of Residency

Districts will request information regarding residency to determine the location of the student's domicile but not as it relates to citizenship or immigration status.

The place of residence for the child is deemed to be that place, with address specific, where the parent(s) or guardian eats and sleeps on a continuous basis. A student and his/her parents cannot occupy a residence at more than one (1) address. If Homestead Exemption within Collier County is claimed, that address is considered the family's primary residence. Proof of such residency and exemption is required.

Notice


Students whose parents are found, after an appropriate, reasonable investigation, to have submitted inaccurate information in an effort to enroll a student in a school to which the student is not assigned and it is determined the place of residence, including that which is claimed as Homestead, is not the real residence, shall be immediately withdrawn and referred for enrollment in the appropriate boundaried school.

They go on to describe what is acceptible proof of residency, and it is essentially the same as above. I suspect this last bit here about an investigation is what they're basing their actions on.

There is a document here which contains the district's bylaws and policies in the official legal language. It's more than I can go through right this minute, but I suspect you'll find the legal details of your predicament there. I would advise you to follow the procedure laid out in that document for filing an official complaint:

COMPLAINT PROCEDURE

Students, parent(s)/guardian(s), employees, or community members should notify the District Complaint Manager if they believe that the School Board, its employees or agents have violated their rights guaranteed by the State or Federal Constitution, State or Federal statute, or Board policy, or have a complaint regarding:

A. Title II of the Americans with Disabilities Act;

B. Title IX of the Education Amendments of 1972;

C. Section 504 of the Rehabilitation Act of 1973;

D. Individuals with Disabilities Education Act, 20 U.S.C. 1400 et seq.;

E. Title VI of the Civil Rights Act, 42 U.S.C. 2000d et seq.;

F. Equal Employment Opportunities Act (Title VII of the Civil Rights Act), 42 U.S.C. 2000e et seq.;

G. provision of services to homeless students;

H. other complaints concerning District curriculum, instructional materials, programs, or staff.


The Chief Administrative Officer (CAO) shall respond and endeavor to resolve complaints without resorting to this procedure and, if a complaint is filed, to address the complaint. Use of this procedure is not a prerequisite to the pursuit of other remedies and use of this procedure does not extend any filing deadline related to the pursuit of other remedies.

Filing a Written Complaint

A person (hereinafter referred to as complainant) who wishes to avail himself/herself of this procedure may do so by filing a complaint with the CAO. The CAO may request the complainant to provide a written statement regarding the nature of the complaint or require a meeting with the parent(s)/guardian(s) of a student.

Investigation

The CAO will investigate the complaint or appoint a person to undertake the investigation on his/her behalf. If the complainant is a student, the CAO will notify the student's parent(s)/guardian(s) that they may attend any investigatory meetings in which the student is involved. The complaint and identity of the complainant will not be disclosed except (1) as required by law or this policy; (2) as necessary to fully investigate the complaint, or (3) as authorized by the complainant. Within a reasonable time after the complaint was filed, the CAO shall file a written report of findings with the Superintendent.

If a complaint of sexual harassment contains allegations involving the Superintendent or a Board member, the Board attorney will be the investigating party. Sanctions against the offender will be made in accordance with the procedures set forth in statutes.

Decision

Within five (5) school days after receipt of the CAO's report, the Superintendent shall render a written decision, which shall be provided to the complainant, as well as the CAO.

This complaint procedure shall not be construed to create an independent right to a Board hearing.

That's the first step towards being able to take legal action. You won't be able to just jump right into court without going through the existing channels for handling this sort of thing.

The bottom line is that there is a procedure in place for proving residency, and it doesn't involve letting anyone into your home. If you've done what is described in the proof of residency section above, you've satisfied their requirements. I suspect that once you file the complaint they will find something better to do with themselves than bother you.

Good luck and keep us posted.

reply to post by OnceReturned

Thanks OnceReturned. I am laughing at your post, and appreciate your comments. I am pretty thick skinned, but over the course of the past two years, in part due to ATS...I have become a staunch privacy advocate. I can't stand the fact that every thing we do is monitored. Where we drive, where we live, what we buy, where we fly, who we interact with.....so way before I was being harassed I decided to 'drop out'. All I want is to live my life in peace. My next move is to buy at least 300 acres, fence it, and have many big dogs, with big teeth, who don't like liberals...especially public education official liberals.

I imagine that this person thought I would bow to his every command, and he wanted to teach me a lesson. From what I have learned this 'official' is a 'cleat chaser' and the coach causing this ruckus is his 'hero'. I am sure he wants to win this coach's approval; because coaches in this town think they are celebrities. I personally can't stand this coach, and would have found any way to remove my son from his team. Had the coach been okay, we would have stayed in that school district. We aren't the only ones who have fled his arrogant coaching.
I just pissed off the wrong people.

I will be awaiting their visit in the morning. Camera ready, car with key so I can prevent them from leaving, Trespass sign on the door, and a shotgun inside if they threaten me. I will NOT be intimidated when I have done NOTHING wrong but stand up to these 50 year old bullies. Isn't there a 'bully law' on the books in Florida? Looks like I might be able to use that one too. I will be contacting the ACLU to check up on the status of my case tomorrow. They don't like guys like this either.

reply to post by OnceReturned


OnceReturned, thanks for the information. I wouldn't be making such a big deal out of this if I wasn't in compliance. Our family physically moved to a new residence to be the correct school district, filed all of the appropriate paperwork, and actually encouraged the school official to watch our children leave our home, drive to school, attend school, attend practice, and watch them return to our home. In August and September our home was under surveillance, and they knew that we were in compliance. What I told them they couldn't do is endanger my children while they were driving, set foot on my property, wake us up early in the morning, or harass us. I told them not to bother coming to the door because we would not answer. On Monday, we answered the door at 5:45 only because we had no idea it would be them. We were terrified something was wrong.

Thank you for taking the time to point out the procedure. I will do so, but at the same time, I will continue to utilize law enforcement and the courts. The school can only regulate school procedure. What they are doing is a civil liberties violation on many levels including trespass, harassment and stalking.....and I can always utilize those laws in addition to the school procedures.

reply to post by lostviking


It sounds to me like they're not going to stop on their own, so I'm glad you're taking action.

If this goes to the courts, the internal complaint channels, or the media, the school officials will be forced to respond. I would advise anticipating their response and thinking about how you will counter it. I think the key language comes from the district bylaws in the section above about verifying residency. This line in particular:

"Students whose parents are found, after an appropriate, reasonable investigation, to have submitted inaccurate information..."

They will say that they are in the process of "an appropriate, reasonable investigation." The language is intentionally unspecific I'm sure. If you engage a lawyer they will be able to review past cases in your district and they will likely be able to find a case that was decided at an appellate level with an accompanying decision that sets the legal precident for what counts as appropriate and reasonable when it comes to these investigations.

I think that almost any official action on your part will get them to stop coming to your house. I suppose you need to decide how far you want to take it. Despite the fact that you're up against people who are acting like real jerks, it's worth remembering that when they set out on the professional path that they're on now, it was probably with good intentions. People overreact and lose site of their priorities and do stupid things, and I think that's what has happened here.

I would be very interested to hear what happens if you get into this confrontation that you have planned for when they come back to your house, and I would also be interested in what the ACLU or whatever lawyer you may contact has to say.

Hang in there.

Okay...all hell has broke out in Collier County. I now have proof that this tool was looking in my windows and taking photos. I caught someone twice looking in our windows. My dogs went crazy and now the incompetent bastard ADMITTED that he was peeking in windows and taking photos:

Link

Read the comments to see what I have been talking about...this guy is dangerous....and thank goodness he is only as powerful as his ego permits.

reply to post by OnceReturned


Hi OnceReturned. I don't believe this person ever had good intentions. He has been removed from positions, and has used favoritism to get him to where he is. I am encouraging that a class-action lawsuit be filed against the school district. I am sure I am not alone.

Originally posted by lostviking
I think some poison ivy or poison sumac vines might also help my cause.

...i was thinking - if i were in your shoes, after the third time they invaded my privacy, i wouldve bought a professionally trained guard dog and an electric fence with the appropriate warning signs... i sure wouldnt have put up with that bs for months...

...i agree with the other poster who said get the media involved... theres probably other families who have been treated this way but didnt know what to do about it or felt there was nothing they could do about it...

reply to post by lostviking

Delete reply.

reply to post by lostviking


Hey lostviking..

The people knocking on your door.. do you know if they have any official authority? maybe a title, "truant officer Dufee" .. or just regular school employees?

Official authority, so called, will be defined in a state code somewhere.. penal code, business & profession code, education code etc.. for example Los Angeles school district has it's own police dept.. hilariously called "Los Angeles Unified School Police Dept", these kiddie cops draw their authority from the Cal penal code 830.1PC or 830.2 PC I forget..

Point being.. if they have official authority of any kind, it's defined somewhere.. what they can & can't do is spelled out in state code legalese.. some officials, like cops, are immune from trespass laws while performing an official duty.. some low level truant type officers might have the same protections. So you might want to check out their powers, if any..

Authority also means "duty" which must be performed professionally and per "policy"...

From experience I have one last suggestion, prepare yourself the next possible assault: a visit from your local wing of dept of child services who in all likeliness bring along a few cops... school administrators like to think people exercising their rights by standing up to school "authoritah!" are unstable, crazy even.. so they'll feign concern about the well-being of the children in order to "officially" leverage themselves into your house.

The latest news concerns the bastard who was harassing me. He was interviewed in an article about 'cheaters' who weren't where they belong.....and proceeded to comment that he had 'looked in windows' and 'taken photos' through people's windows. The guy is in some deep trouble because of some responses I had done to an article about his zoning police activities. I was asked to take down my blogs.....I don't think so. This guy just hung himself, and I am describing his illegal activities. I expect he will be removed for his activities and ignorance to admit he was a 'peeping tom'. What an idiot! To admit his criminal activity to a reporter is the epitome of asinine.