Fulton Public Schools has self-reported federal law violations administrators believed were committed with an activity titled, "Claim It" that recently took place during a Fulton Middle School physical education class.
In the activity, physical education teachers read statements regarding identity, and if a statement applied to a student, he or she stepped forward. Some of the statements that have outraged parents and upset students include: "You or someone in your family has been raped or sexually assaulted," "You have ever been physically abused by someone who said they love you," "You worry or have worried about how your family will pay the bills" and "Someone in your family has been addicted to alcohol or drugs."
Superintendent Jacque Cowherd apologized Monday, March 23 in an email to parents, and the district initiated a plan of action yesterday - the district's first day back from a week-long spring break - to further address concerns, including self-reporting federal violations to the Family Policy Compliance Office of the U.S. Department of Education.
Read FPS plan of action in a letter from Cowherd to parents
Under Federal Law 20, which includes protection of pupil rights, students cannot be required to "submit a survey, analysis or evaluation that reveals information" regarding the areas listed below without prior written parental consent if the students are minors.
• Political affiliations or beliefs of the student or the student's parent;
• Mental or psychological problems of the student or the student's family;
• Sex behavior or attitudes;
• Illegal, anti-social, self-incriminating or demeaning behavior;
• Critical appraisals of other individuals with whom respondents have close family relationships;
• Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
• Religious practices, affiliations or beliefs of the student or student's parent; or
• Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).
In an email to Cowherd dated March 30, the district's legal counsel, Celynda L. Brasher, states she submitted the non-compliance report to Dale King, the director of Family Policy Compliance Office (FPCO).
"The report informed the FPCO that a class activity used at the middle school addressed subjects and instructional methods covered by the PPRA (Protection of Pupil Rights Amendment)," Brasher wrote in the email. "Therefore, parents should have received prior notice of the activity, an opportunity to review the materials to be used and notice of the right to opt-out. However, that did not occur."
Cowherd said the district discussed "Claim It" with its legal counsel during spring break, but had already realized the school was probably in violation of the federal law and its own board policy, which he added parallels the federal law.
"I posed the question to counsel: Why do we need to wait for something to happen? What's the rule? What happens if we self report this?" Cowherd said. "It's clear we had a violation. It's clear we did something that was inappropriate. So, what would happen if we self report it to move this process forward, rather than sitting there waiting for somebody to go file a report and then have to respond to it and work through that, because we need to get this clear and move on."
Amanda Murdie, parent of a sixth-grade student and a leader of the newly-created parent-organized group Parents for Fulton Schools, said she believes the self-reporting is a "step in the right direction," but she feels parents need to know more about what took place during the "Claim It" activity.
"I personally don't think it's enough, and as a parent, I want more information as to what exactly happened, who was involved and why this was claimed to be consistent with DESE (Department of Elementary and Secondary Education) curriculum when it was in fact breaking the law," Murdie said. "I think it's a step in the right direction, but do I think it's enough to make me feel like my kids are going to be protected? Absolutely not."
Murdie said she and about 20 other parents met on Saturday to discuss what happened. They gathered accounts from middle schoolers who were present - some of which Murdie said shocked her. She said the "Claim It" controversy has highlighted what she thinks are overarching issues regarding faculty and staff knowledge of curriculum and privacy rights.
"We're criticizing the event, and we want to make sure that if this is a symptom of larger problems in the district, we want to make sure the administrators are held accountable and that central office is held accountable," she said.
Cowherd said two counselors - in addition to the two typically present - were available at the middle school Monday to solely talk about concerns related to the activity with students.
"The most obvious thing when you have kids under stress, or duress, and you have parents under duress, is to try to implement some more counselors in the building," Cowherd said.
Additional counselors will be present today. Based on how much their needed today, the district will determine how much longer to maintain them at the middle school.
Another key in the district's plan of action is to reinforce the required eight areas for parental consent under federal law and board policy. Administrators in each FPS building will go over these rules with faculty. Cowherd said he and Hull met with middle school faculty on Monday.
"What we've asked faculty to do is, number one, is to think about what they're doing before they do it and work through that," Cowherd said. "Number two - maybe this should have been number one - if you've done anything or you're doing anything you think might have violated some of these, let us know about it and let's address it now and work through that. All the buildings are in that process."
In addition, Cowherd said the district will "beef up" training on policies before the beginning of each school year.
"We've always had that in place, but perhaps we've all got a little complacent in reviewing those things and we just need to review a little harder," he said.
Hull will review all FMS physical education and health activities the week prior. Cowherd said FPS is still "dealing with teachers' judgements."
"The teachers that were involved with this are totally devastated," he said.
Middle School Principal Chris Crane has also been reassigned to Fulton High School as an assistant principal, Cowherd said. Crane had already planned to resign at the end of the school year - before the "Claim It" controversy. Beth Houf, current principal at McIntire Elementary, will take on the middle school principal position next year.
Until the end of the year, FMS Assistant Principal Chris Daily and Computers teacher Jan Bailey will act as administrators. Bailey, the 2014 FPS Teacher of the Year, formerly served as the summer school principal. Cowherd said her personality and attributes made her a "natural" choice to help fill in. A long-term substitute will oversee her classes, but Bailey will provide lesson plans and do some grading.
The district is also welcoming parents to volunteer within the schools, following completion of paperwork.
At the parent meeting Saturday, Murdie said parents acknowledged there's more they can do to support faculty, and one way to do this is through volunteering. She referenced a call to action from Tammy Gillespie, another middle school parent.
Gillespie expressed privacy concerns at the March 11 school board meeting after she claimed her seventh grade daughter was asked to write down what she and her friends talked about in relation to a bomb threat at the middle school in February. At the meeting, she stated her desire for parents to donate 58 hours of volunteer time at the middle school before the end of the year. Anyone wishing to volunteer can contact Karen Snethen at (573) 590-8000.
"We had a really good discussion (Saturday) about getting involved in our children's school both to make sure something like this doesn't happen again, but also to show our support for the middle school that has really been singled out and through the ringer this year as far as its performance on the MAP test and as far as its setting in the larger district," Murdie said.
She added that parents still feel there are "many, many wonderful teachers in Fulton."
Cowherd reiterated that the activity was inappropriate, adding that he would not want his own children and grandchildren subject to "Claim It."