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To: <wccusdtalk@yahoogroups.com>, <March4Education@yahoogroups.com>
From: Marilyn Langlois <langlois-rine@comcast.net>
Date: Wed, 23 Nov 2005 20:42:47
Subject: [March4Education] child abuse and collective punishment

On Nov. 22, students of Lina Praire and Elizabeth Jaeger at Downer Elementary were told that their teachers would be moved to another school on Monday Nov. 28.  From reports by parents and teachers, the students were emotionally devastated by this news.  Furthermore, the children will suffer mentally from the disruption and set-back caused by this unnecessary change in teachers.

I am troubled that the district appears to be entrenched in viewing the situation as a personnel issue rather than pedagogical issue.  I continue to call for dialogue on all sides.

I am concerned that of all the possible consequences the district could have imposed, they selected one that is harmful to the students.  I am concerned that unnecessarily removing these two teachers from their classrooms at this time is a form of child abuse (see below for clarification).  Do we want to send children the message that it's OK for people in positions of authority to inflict avoidable emotional and mental suffering on them?

Taking the teachers away from their students is collective punishment: the children are being punished for something they didn't do.  If the district insists on disciplining the teachers, then discipline them, not the children.  For example, if the teachers don't want to leave the classroom to attend poor quality in-services, then the district might consider assigning them the added responsibility of planning, coordinating and implementing high quality district-mandated in-services at their site.

May this be a learning experience for us all,
Marilyn
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From "The California Child Abuse & Neglect Reporting Law:  Issues and Answers for Mandated Reporters"  published by the California Dept. of Social
Services Office of Child Abuse Prevention in May 2003:

- In California, certain professionals are required to report known or suspected child abuse.  Other citizens, not required by law to report, may also do so.  (Pg.1)

- The primary intent of the reporting law is to protect the child. Protecting the identified child may also provide the opportunity to protect other children.  It is equally important to provide help for the suspected abuser.  The report of abuse may be a catalyst for bringing about change... which in turn may lower the risk of abuse.  (Pg.1)

- "Mental suffering" in and of itself is not required to be reported. However, it may be reported.  Penal Code 11166.05 states:  "Any mandated reporter who has knowledge of or who reasonably suspects that mental suffering has been inflicted upon a child or that his or her emotional well-being is endangered in any other way may report the known or suspected instance of child abuse or neglect to an agency specified in Section 11165.9"  (Pg.2)

- Facing Denial:  It is common for abusive caregivers to deny that they have been abusive.  This is to be expected.  They have a great deal to protect, and they are usually feeling judged and exposed.  (Pg.19)

- Mandated reporters often feel reticent to label behavior as abusive.  They may feel they have no right to pass judgment on other people.  However, if a reasonable suspicion exists, the protective action is beneficial to the caregivers as well, who may not recognize their behavior as abusive, or may be reluctant to seek help.  (Pg.21)

- Dr. C. Henry Kempe, a pioneer in the field of child abuse prevention, once said he would rather apologize to a caregiver because he made a mistake about reporting the abuse, than apologize to a damaged child because he did not report.  It is better to err in the direction of over-reporting than
under-reporting.  (Pg.21)

The caregiver in question here is WCCUSD.  I'm not sure which individual or individuals are personally responsible for ordering the transfer of Lina and Elizabeth:  it could be the Downer Principal (Ms. Uribe), the WCCUSD Personnel Director (Mr. Krueger), the Regional Superintendent (Ms. Frison), or the Interim Superintendent (Ms. LeBlanc).   And, of course, the School Board is ultimately responsible.

According to the Child Abuse Prevention Council of Contra Costa County, Inc., the phone number for reporting any case of suspected child abuse in West County is 510-374-3324 (Children and Family Services).