MEDIA ADVISORY: CT Parents Union Office for Civil Rights Complaint Regarding School Residency Laws - National Coalition Formed To END Zip Code Education Laws

[Gwen Samuel]

MEDIA ADVISORY
FOR IMMEDIATE RELEASE

Contact:
Gwendolyn Samuel
Tel: 203-443-3203

February 10, 2013

The Connecticut Parents Union is a member of a national coalition to
decriminalize school residency laws. We formed the coalition to address
and advocate for the increased number of parents being arrested and
prosecuted for enrolling their children in safe and high quality schools
outside of their neighborhoods when safe and high quality school options
are not available where they live.

The matter of Due Process and Equal Protection, as stipulated in the
14th Amendment, requires a review and determination from the Office of
Civil Rights, U.S. Department of Education, as it relates to cases such
as Mr. Hamlet and Mrs. Olesia Garcia of Philadelphia, Ms. Kelley
Williams-Bolar of Ohio and Ms. Marie Menard of Connecticut, just to name
a few parents charged with educational theft.

As a result, we request that the US Department of Education Secretary
Arne Duncan and Office of Civil Rights review and respond to this matter
concerning two areas of federal law: Due Process and Equal Protection

Please see email sent to US Department of Education Secretary Arne
Duncan and Office of Civil Rights.

VIA EMAIL:

February 10, 2013

The Honorable Arne Duncan
Secretary
U.S. Department of Education
400 Maryland Avenue SW
Washington, DC 20202

U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg
400 Maryland Avenue, SW
Washington, DC 20202-1100


RE: Public School Residency Laws

Dear Secretary Duncan and Office for Civil Rights:

We, the undersigned, write to express concern over the criminal
prosecution of parents due to school residency laws inhibiting parental
choice in the public education system.

The Connecticut Parents Union is a member of a national coalition to
decriminalize school residency laws. We formed the coalition to address
and advocate for the increased number of parents being arrested and
prosecuted for enrolling their children in safe and high quality schools
outside of their neighborhoods when safe and high quality school options
are not available where they live.

The matter of Due Process and Equal Protection, as stipulated in the
14th Amendment, requires a review and determination from the Office of
Civil Rights, U.S. Department of Education, as it relates to cases such
as Mr. Hamlet and Mrs. Olesia Garcia of Philadelphia, Ms. Kelley
Williams-Bolar of Ohio and Ms. Marie Menard of Connecticut, just to name
a few parents charged with educational theft.

As a result, we request that the US Department of Education Office of
Civil Rights review and respond to this matter concerning two areas of
federal law:

A. EQUAL PROTECTION 42 U. S. C. § 1983 (As to Montgomery County School
District)

Rationale:

1. By instituting criminal charges against Mr. and Mrs. Garcia when
other similarly situated persons were not prosecuted, the Montgomery
County School District has violated Mr. and Mrs. Garcia's right to the
equal protection of the laws.

2. By terminating Mr. and Mrs. Garcia right to have their daughter
educated in the public schools of Montgomery County, the parents and
student have been treated differently than other similarly situated
persons, in violation of her right to equal protection of the laws.

3. There is no rational basis for the different treatment accorded to
Mr. and Mrs. Garcia as compared with other similarly situated persons.

4. Therefore, the Garcia's allege that the Montgomery County has
engaged in selective enforcement of its rules regarding eligibility for
enrollment in Montgomery County Public Schools.

B. DUE PROCESS 42 U.S.C. § 1983 (As to Montgomery County School
District)

1. The Montgomery County School District's conduct of terminating the
right of Mr. and Mrs. Garcia's daughter to a free public education in
the Montgomery County Public schools was in violation of their right to
due process.

19. The Montgomery County School District's proceeded with terminating
Mr. and Mrs. Garcia's daughter’s enrollment in the Montgomery County
Public Schools without according them the required due process of a
residency hearing.

In closing and on behalf of Mr. and Mrs. Garcia and the many parents
affected by the injustice of zip-code education policies, we thank you
in advance for reviewing and addressing our concerns, as parents,
regarding school residency laws and the impact they have on the
educational rights of all American children.

Furthermore, we would like the opportunity to schedule a meeting with
you, Secretary Duncan and decision makers of the United States
Department of Education Office for Civil Rights regarding school
residency policies that use zip codes to determine which children will
access safe and quality schools and which children will not.


Sincerely,

Gwendolyn Samuel, President
Connecticut Parent's Union

Senator Gloria Romero, Ret., State Director
Democrats for Education Reform-California

Kevin P. Chavous, Executive Counsel
American Federation for Children

Kelley Williams- Bolar, President
Ohio Parents Union

Larry Sand, President,
California Teachers Empowerment Network

Rhonda Gatch, Co-Founder
Moms for School Choice

Mona Davids, President
New York City Parents Union

Annette Callahan,
Illinois Parent Affected by School Residency Law

Walter L. Hudson Sr., Chairman
National Awareness Alliance

Matthew Smith, President
Philadelphia National Action Network

[Gwen Samuel]

MEDIA ADVISORY
FOR IMMEDIATE RELEASE

Contact:
Gwendolyn Samuel
Tel: 203-443-3203

February 11, 2013

The Connecticut Parents Union is a member of a national coalition to
decriminalize school residency laws. We formed the coalition to
address and advocate for the increased number of parents being
arrested and prosecuted for enrolling their children in safe and high
quality schools outside of their neighborhoods when safe and high
quality school options are not available where they live.

Therefore, the matter of Due Process and Equal Protection, as

stipulated in the
14th Amendment, requires a review and determination from the Office of
Civil Rights, U.S. Department of Education, as it relates to cases
such as Mr. Hamlet and Mrs. Olesia Garcia of Philadelphia, Ms. Kelley

Williams-Bolar of Ohio, and Tonya McDowell and Ms. Marie Menard of

[Gwen Samuel]

February 14, 2013

PRESS RELEASE

FOR IMMEDIATE RELEASE

Contact:
Gwendolyn Samuel
Tel: 203-443-3203

February 14, 2013

National Coalition Demands Reform of Zip Code Education Laws Files
Complaint with
US Department of Education Office of Civil Rights and US Department of
Justice Eric Holder


WHAT: A National Coalition of parents, organizations and individuals
have expressed grave concern over the criminal prosecution of parents

due to school residency laws inhibiting parental choice in the public
education system.

Parents formed the coalition to address and advocate for the increased

number of parents being arrested and prosecuted for enrolling their
children in safe and high quality schools outside of their neighborhoods
when safe and high quality school options are not available where they
live.

Via a written complaint, we are calling for the U. S. Department of
Education Office for Civil Rights and the US Department of Justice to
investigate state and local school residency laws to ensure no parent is
denied due process and equal protections as outlined under Federal law.
http://www.scribd.com/doc/125429981/US-DOE-OCR-DOJ-CTPU-School-Residency-Complaint-2-14-13

The matter of Due Process and Equal Protection, as stipulated in the

14th Amendment, requires a review and determination from the U.S.
Department of Education, Office of Civil Rights, and US Department of
Justice, as it relates to cases such as Mr. Hamlet and Mrs. Olesia

Garcia of Philadelphia, Ms. Kelley Williams-Bolar of Ohio and Ms. Marie
Menard of Connecticut, just to name a few parents charged with
educational theft.

WHY: Mr. and Mrs. Garcia from Philadelphia have been criminally
prosecuted for having their child in kindergarten in a school district
they no longer reside in. However, the child lived in Pennsylvania
Montgomery County at the time of school enrollment.

The Garcia’s moved out of the Montgomery County school district two
months before the end of the school year, yet kept their child enrolled
to maintain stability until the end of the school year.

The Garcia’s were never notified that school residency had become an
issue; they were not afforded due process, nor were they billed for
those two months of education cost. They were just arrested.

The Garcia’s requested a hearing with the Superintendent and school
board; they were denied. The Garcia’s offered to pay for the education
cost for their child to finish off the school year and maintain
education stability. The school district refused to accept school
tuition.
Instead, the Pennsylvania Montgomery County School District pursued
heavy handed criminal charges against the Garcia’s, clearly using this
prosecution as a warning to other parents.

Furthermore, We are requesting that the criminal charges be dropped
against Mr. and Mrs. Garcia and allow the Garcia’s to pay the school
district the cost of educating their kindergarten-age child.


WHO: Gwendolyn Samuel, Founder, Connecticut Parents Union; Senator
Gloria Romero (Ret.), California Democrats for Education Reform; Kevin
P. Chavous, Executive Counsel, American Federation for Children; Larry
Sanders, President California Teachers Empowerment Network, Matthew
Smith Sr., President, Philadelphia National Action Network; Rhonda
Gatch, Co-Founder, Moms for School Choice; Walter L. Hudson Sr.,
Chairperson, National Awareness Alliance; Mona Davids, Founder, NYC
Parents Union

####