what the fuck is the city spending money on junk for?“I don’t think most of us even have VHS players in our houses....Taxpayers demand refunds !!!!!!!

Corpus Christi police want cameras to dash doubt

By Elaine Marsilio (Contact)
Sunday, May 31, 2009

Todd Yates/Caller-times Corpus Christi Police Capt. Todd Green shows off the new digital camera system the department is testing for use in patrol cars. One of the biggest advantages of the system is that it does away with bulky VHS tapes and automatically uploads video to a server when the officer’s vehicle gets close enough to the police station, Green said.

CORPUS CHRISTI — Picture this: A man arrested on suspicion of drunken driving after hitting a stop sign refuses to take a breath test. He’s put in the back of the police car, where he’s loud, threatens officers and urinates on himself.

That picture, by a digital video recorder in the car, will document the case and could be used to help prosecute the man.

“Words can only say so much, but a picture is worth a thousand words,” said Sr. Officer Richard L. Olden, whose in-car camera captured the incident about a month ago. “The video is worth a million words. You can get the whole picture.

“It can be used for you or against you, but the video is there for that purpose,” he said. “It’s there for the officer and the public.”

Olden is one of about 15 Corpus Christi police officers testing a handful of digital cameras in their vehicles to evaluate options as the department looks to replace the VHS cameras it has been using for at least five years.

Assistant City Manager Oscar Martinez estimates a $1 million to $1.8 million price tag for the new cameras, funding for which is undetermined in a tight budget year.

“We haven’t even turned the first page in how it would be funded,” Martinez said.

The department has fewer than 30 VHS cameras, but about 150 vehicles in its fleet, Capt. Todd Green said. The squad used to have more cameras, but age and maintenance issues have diminished the number, and there have been technical problems with existing cameras. In fact, the March police chase during which an officer was hit by the suspect’s SUV produced no video footage, despite seven of the involved cars being equipped with VHS cameras.

Officials have said incidents like that present a need for new — and more — car cameras, Green said.

Police are hoping to equip the entire fleet with digital cameras and clip-on microphones for all patrol officers by as soon as fall 2009, Green said. They have been researching options for about a year and expect to make a recommendation to city officials in the coming weeks, he said.

He said he’s not aware of any discussions about funding, but sources could include grants, federal funds or remaining city budget balances.

Digital cameras would be less tedious for officers and their supervisors, who replace VHS tapes from a locked compartment in the police cars, Green said. The digital videos would be uploaded to a server, where files could be burned to DVDs by officers or investigators.

Officers could better testify to a jury by showing a video, Green said.

“It’s an expenditure that has a potential to almost pay for itself when it comes to lawsuits and things like that,” he said. “There would be definitive documentation of what happened.”

The officers who have been testing the systems have vehicles equipped with two cameras, one on the dashboard and one facing the backseat. Those cameras constantly record to a hard drive in the patrol car, and audio is recorded once the officer activates the car’s emergency or overhead lights, Green said.

Once an officer nears the main police station, the video and audio automatically upload to the server, he said.

Sgt. Chris Lynch, a traffic officer who has used a VHS camera in his police car for about eight years, said a digital system will advance the department and help document cases.

“It’s going to be neat to be with the times,” Lynch said. “I don’t think most of us even have VHS players in our houses.”

BY THE NUMBERS

The Corpus Christi Police Department is looking to equip its fleet with in-car digital video cameras.

30

Minutes to download video from one officer’s shift

40

Gigs on hard drive of car computer

40

Hours of video that can be stored on the car computer’s hard drive

90

Number of days until files are erased from department server, unless used as evidence

150

Estimated number of cars in department’s fleet

Fewer than 30

Number of working VHS cameras currently in vehicles

15

Estimated number of officers

testing digital cameras

$1 million

to $1.8 million

Estimated price tag for digital cameras

Source: Corpus Christi Police Department, city of Corpus Christi

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(5) User Comments:

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Posted by 269019 on May 31, 2009 at 7:20 a.m.

This is a basic crime fighting tool. It is unconscionable that the CC Police don't already have these cameras in their cars. If I were on a jury and a dash-board video was not presented as evidence when I felt that there should have been one, I would assume that it wasn't there because the prosecution didn't want me to see what really happened.

I understand that people often confess and plead guilty after seeing what they did on video. How much does this save in court costs?

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Posted by 241503 on May 31, 2009 at 9:29 a.m.

Whoa!!

1 Million to 1.8 Million to facilitate this plan? Lets do some math.

If we use a figure of 300 cars and the lower figure of $1 million, that means this plan costs about $3,300 per vehicle. Use the higher estimate and the price shoots up to $6,000 per car!!!

A modern 2 camera digital video recording (DVR) system with a hardened car PC can be had for around $1500 installed!

I'd love to see the request for proposals (RFP) for this project.

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Posted by 237538 on May 31, 2009 at 10:53 a.m.

in response to 241503

My friend, the similarity between your home digital camera and dvr system and police in car video system ends with the camera and dvr that is in the unit. The thousands of hours of video that will be generated on a DAILY basis will exceed what a home dvr system is capable of storing. I t must be uploaded either by removing the hard drive in to a digital storage system capable of storin husge amounts fo data and that all video recorded must be maintained for FIVE YEARS by state law and public dislcosure requirements. To do it manually for police department the size of CCP is huge so they want to use wirless transmission to do that, so thier is addtional costs for high speed wirless capability to upload thousands hours of video into a storage system. It must be capable of handling several units at once all over the city, from flour bluff to callallen and the substation on Corona.
This no mickey mouse undertaking. But given the number of complaints against officers, 99.00% of which are false or not sustained, these cameras do reduce the incidence of misconduct, complaints of mistreatment are easily looked in to as it records audio and video so conversations in homes where often family disputes bring complaints on officers can also be recorded.
But make no mistake it will also increase the work load for civilian staff when prosecutors and defense attorneys not to mention the news media and just plain citizens began to demand copies of video for trials and lawsuits or television. It will be automatically requested and the workload will go up. It is best to give the prosecutors office acess to the video retrieval system and let thier staff recall it. the maintnence cost and replacement schedule is five years an increase in It Staff as well a civilian clerks to handle the request has not been taken into consideration. To pay for the hardware system is one thin it is theongoing costs that must be covered as well.

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Posted by 714714 on May 31, 2009 at 12:52 p.m.

in jim wells county alice, texas the sheriff gave his the secretaries 3 million in bonus from money seized from passerbys on highway.. maybe they can raise a mere 1.8 million from seizing vehicles and money here? putting it to better use...

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Posted by 415933 on June 1, 2009 at 6:54 a.m.

Absolutely, there ought to be cameras everywhere anywhere a police officer goes. The cameras ought to be in the cars. The cameras ought to be pointed outside the cars. Most importantly, police guns ought to be equipped with cameras. These cameras are not expensive and they provide an important protection.

By the way, in my experience, the videotapes work as often or more often in favor of the Defendant as the Prosecution. The police officer will write up he report stating that the guy is wobbling all over the place and can barely stand. The video shows a guy standing perfectly straight and completely coherent.

Cameras are as much for the protection of the public as the police. The public makes false complaints against officers, but officers make false complaints against the public. There is a big difference though. When the public makes a false complaint, it usually amounts to nothing. When a police officer makes a false complaint, the member of the public is immediately arrested.

No officer should be allowed to leave the station without a camera check. If an important event is not recorded because the camera is not working (a common police lie), a presumption should exist against the cops. There is no reason the truth should not be known. Cameras can be made to lie, but they lie a lot less than people and their lies usually can be determined.

Texas Government Insider profiles a key government executive or decision-maker in state government.....

Abbott announces agency changes

Attorney General Gregg Abbott this week announced that he has asked Casey Hoffman, the current Deputy Attorney General for Children and Families, to assume a newly-created position, Executive First Assistant Attorney General. Hoffman will oversee the Families and Children Divisions, as well as a number of the administrative functions of the agency. In other new assignments, Abbott announced:

• Alicia Keys has been named Deputy Attorney General for Child Support.
• Deputy First Assistant Attorney General Jeff Rose will assume oversight of the following litigation divisions: Consumer Protection & Public Health, Antitrust & Civil Medicaid Fraud, and Natural Resources.
• The promotion of David Morales to Deputy Attorney for Civil Litigation with oversight for the following divisions: Administrative Law, Bankruptcy & Collections, Financial Litigation, General Litigation, Law Enforcement Defense, Tort Litigation, Tax, and Transportation.
• Employment Law Manager Henry de la Garza will assume Morales' previous duties as the AG's attorney ombudsman and ethics advisor.
• Eric Nichols, a former Assistant United States Attorney, has assumed the role of Deputy Attorney General for Criminal Justice.
• Don Clemmer will serve as a Special Assistant for Criminal Justice, focusing on the prosecutorial divisions and serving as legal advisors to Nichols.
• Daniel Hodge has been named Chief of Staff.

the court should consider "the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others,

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TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-06-00438-CV Derrick Dutton, Appellant v. Sheryl Hayes-Pupko, Appellee FROM THE DISTRICT COURT OF WILLIAMSON COUNTY, 277TH JUDICIAL DISTRICT NO. 04-961-C277, HONORABLE KEN ANDERSON, JUDGE PRESIDING M E M O R A N D U M O P I N I O N Appellant Derrick Dutton appeals from the trial court's order denying his motion for summary judgment based upon his asserted qualified immunity as a police officer. He argues that appellee Sheryl Hayes-Pupko has not met her burden of proving that he acted unreasonably and violated her clearly established constitutional rights and, therefore, that he is entitled to judgment as a matter of law. We disagree and affirm the trial court's order. Factual Allegations Hayes-Pupko filed suit against Dutton, alleging violations of her federal constitutional rights. (1) See 42 U.S.C.A. § 1983 (West 2003). She asserted that in 2002, Dutton wrongfully arrested her, using excessive force and causing her severe bodily injury in the process. Dutton moved for summary judgment under both the no-evidence and "traditional" standards, see Tex. R. Civ. P. 166a(b), (c), (i), asserting that he was shielded by qualified immunity as a police officer. He asserted that Hayes-Pupko had to overcome his assertion of qualified immunity by proving that he (1) violated her clearly established rights and (2) acted unreasonably or in bad faith in doing so. The parties attached as evidence to the motion for summary judgment and response to the motion Dutton's affidavit, Hayes-Pupko's affidavit and deposition testimony, and both parties' testimony in a pretrial hearing in the criminal case against Hayes-Pupko. Dutton said that on December 6, 2002, he responded to a complaint lodged against Hayes-Pupko by her neighbors, who alleged she had sprayed them with water while they were in their yard. Dutton spoke to Hayes-Pupko, who denied purposefully spraying her neighbors. Dutton asked for her name and date of birth, but Hayes-Pupko refused to give her birth date. Dutton testified that at the time, he believed Hayes-Pupko was required by law to tell him her birth date, although he admits that he now realizes that she did not violate any laws by refusing to do so. Dutton said he told Hayes-Pupko that she could be arrested for failure to identify herself, at which point she began to walk away. Dutton "grabbed her arm" and twisted it behind her back to stop her from leaving and "to effect an arrest" for failure to identify. When he grabbed Hayes-Pupko, she began "spinning around in circles pushing and slapping at my hands, at which time I decided to place handcuffs on her." Dutton then pushed her against her parked car to prevent her from moving and testified that while he tried to pin her, she turned and tried to strike him. After Dutton handcuffed Hayes-Pupko and started to place her in his patrol car, she told him that she had a limited range of motion in her legs and refused to put her legs into the car. He averred that after several requests, he physically placed her legs in the car "[a]s gently as possible." Dutton stated that Hayes-Pupko did not complain about any pain or request medical attention. He said that when he first grabbed her arm and twisted it behind her back, Hayes-Pupko said "no" and may have cried, but he did not recall whether she walked with a limp or told him that her arms could not bend in certain ways. (2) He concluded his affidavit by stating that pinning Hayes-Pupko against the car was a procedure he was taught at the police academy, that he believed he used reasonable force, that he was not aware at the time that Hayes-Pupko had any physical disabilities, and that he had never had any complaints for excessive force lodged against him in the past. Hayes-Pupko described a very different version of events and testified that Dutton acted irritated with having been called out to address the neighbors' spat and "very forcefully" asked for her name. She said she asked why he needed her name, and he "jumped" at her and demanded her name and birth date. She started to ask him why he needed her birth date, and Dutton "lunged at her," grabbed her arm, and twisted it "as hard as he could" behind her back. She denied walking away, resisting arrest, or attempting to strike Dutton and said that she twisted her body because Dutton was twisting her arm and she was trying to maintain her balance. She testified that she screamed and cried when Dutton twisted her arm behind her, telling him that her arm did not bend that way, and that told her he was "going to make it" twist. Hayes-Pupko testified that when she asked why he was doing this to her, Dutton said, "[B]ecause I can. And he told me to shut up or I'm going to add more charges." She asked what charges he had already, and he said, "I don't know. I'll think of it as I go." Hayes-Pupko testified that her knees started to buckle, and Dutton "threw [her] against" her car and then, with the assistance of another police officer, handcuffed her and pushed her toward the patrol car. Hayes-Pupko testified that she heard her right wrist snap when Dutton wrenched it behind her back to handcuff her. When Dutton told her to get into the patrol car, she told him she could not maneuver into the space because she has limited range of motion in her knees. Dutton told her that if she did not put her legs in the car, he would "make them," and then he and the other officer "stuff[ed]" her into the back of the car, twisting and pushing her knees to force her into the car. Hayes-Pupko testified that she was hyperventilating and crying because of the pain, and that Dutton again told her that if she "didn't shut up he was going to add on more charges." After she was released, she sought medical attention for bruises on her arms and knees, spasms in her left arm, and a fractured right wrist. She testified that Dutton bruised her arm when he grabbed her, that her knees were bruised from being thrown against her car and being forced into the patrol car, and that she still has knee problems due to Dutton's forcing her into the car. Discussion "A government official performing discretionary functions is entitled to qualified immunity unless his conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known." Bush v. Strain, 513 F.3d 492, 500 (5th Cir. 2008). As in all summary judgment cases, we view the facts in the light most favorable to the non-movant, indulging all presumptions, resolving any doubts, and taking as true evidence in her favor. Joe v. Two Thirty Nine Joint Venture, 145 S.W.3d 150, 157 (Tex. 2004). "In a suit against an officer for an alleged violation of a constitutional right, the requisites of a qualified immunity defense must be considered in proper sequence." Saucier v. Katz, 533 U.S. 194, 200 (2001). We first ask if the alleged facts, viewed in the plaintiff's favor, show that the officer's conduct violated the plaintiff's constitutional rights. Id. at 201. If so, we then ask whether the right was "clearly established" and "whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted." Id. at 201-02. "If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate." Id. at 202. We "apply current law to the first step and the law at the time of the incident to the second step." Flores v. City of Palacios, 381 F.3d 391, 395 n.3 (5th Cir. 2004). Hayes-Pupko alleges that Dutton violated her rights to be free from unlawful arrest and from the excessive use of force. Those are distinct claims and must be analyzed separately. See Freeman v. Gore, 483 F.3d 404, 417 (5th Cir. 2007). We apply federal law to our inquiries. See Leo v. Trevino, No. 13-05-00516-CV, 2006 Tex. App. LEXIS 4918, *7, 10 (Tex. App.--Corpus Christi June 8, 2006, no pet.). Unlawful Arrest A plaintiff has "a clearly established constitutional right to be free from arrest absent an arrest warrant or probable cause." Freeman, 483 F.3d at 411. An officer has probable cause to arrest if, "in light of clearly established law," Humphrey v. Staszak, 148 F.3d 719, 727 (7th Cir. 1998), the facts and circumstances known to the officer at the time of the arrest would allow a reasonable person to conclude that the suspect had committed or was committing an offense. Freeman, 483 F.3d at 413 (quoting Flores, 381 F.3d at 402). An officer is protected by the first prong of qualified immunity if at the time of the arrest, the law is unsettled as to whether the suspect's conduct constitutes an offense. See Humphrey, 148 F.3d at 727; Moore v. The Marketplace Restaurant, Inc., 754 F.2d 1336, 1342 (7th Cir. 1985). The threshold question then is whether, considering the allegations in the light most favorable to Hayes-Pupko, Dutton violated Hayes-Pupko's right to be free of a warrantless arrest not supported by probable cause. See Fogarty v. Gallegos, 523 F.3d 1147, 1156 (10th Cir. 2008) ("It is also uncontested that the officers did not have a warrant to arrest Fogarty. Their warrantless arrest of Fogarty therefore violates the Fourth Amendment unless that arrest was supported by probable cause."). Dutton admits that at the time he grabbed Hayes-Pupko's arm, initiating the detention and arrest, she had not committed the offense of failure to identify. See Freeman, 483 F.3d at 411-12. In his brief, Dutton does not dispute that Hayes-Pupko had a right to be free from arrest absent probable cause, asserting only that he was mistaken about whether Hayes-Pupko's conduct was a violation of the law. He instead concentrates on arguing that she cannot show that he acted unreasonably in making the arrest. We hold that Hayes-Pupko satisfied the first prong of the test and turn to the second prong of the qualified-immunity inquiry. See id. at 415 (qualified immunity protects officer who reasonably but mistakenly violates plaintiff's constitutional rights if reasonable officer would have believed that his conduct conformed to constitutional standards based on information available to him and clearly established law). Because Hayes-Pupko alleged a violation of her constitutional right to be free from arrest without a warrant or probable cause, we next ask whether under the circumstances that right was clearly established. See Saucier, 533 U.S. at 201. We ask "whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted." Id. at 202; see Freeman, 483 F.3d at 415. (3) In other words, the "contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right." Anderson v. Creighton, 483 U.S. 635, 640 (1987). "The central concept is that of 'fair warning': The law can be clearly established 'despite notable factual distinctions between the precedents relied on and the cases then before the Court, so long as the prior decisions gave reasonable warning that the conduct then at issue violated constitutional rights.'" Kinney v. Weaver, 367 F.3d 337, 350 (5th Cir. 2004) (en banc) (quoting Hope v. Pelzer, 536 U.S. 730, 740 (2002)). Taking the facts in the light most favorable to Hayes-Pupko, the record shows that Dutton began to effect an arrest when Hayes-Pupko refused to provide her birth date. (4) The law on failure to identify was not at the time unsettled or in flux, and Dutton admitted later that he was mistaken in his belief that Hayes-Pupko's refusal to provide her birth date was a criminal offense. See Tex. Penal Code Ann. § 38.02 (West Supp. 2008) (person commits offense of failure to identify if she refuses to provide identifying information to officer "who has lawfully arrested the person and requested the information" or if she provides false information to officer who has lawfully arrested or detained her or has good cause to believe she witnessed an offense). Thus, Dutton was not mistaken about the application of "clearly established law" to the facts and circumstances as he believed them to be. See, e.g., Sauls v. Welch, No. 3:05-CV-0409-D, 2007 U.S. Dist. LEXIS 53711, *21-23 (N.D. Tex. July 24, 2007) (mem. op. and order dismissing claims). Instead, Dutton made a mistake of law in believing that Hayes-Pupko's conduct, as he perceived it, amounted to an offense. See Freeman, 483 F.3d at 413-18 (qualified immunity did not protect officer as matter of law when plaintiff's refusal to allow police to enter home without warrant did not give rise to probable cause to arrest for interference with public duties or for hindering arrest); Petersen v. Gibson, No. 97 C 4123, 1998 U.S. Dist. LEXIS 12495, *5-8 (N.D. Ill. Aug. 6, 1998) (mem. op. and order denying motion to dismiss) (not entitled to summary judgment on qualified immunity when plaintiff's conduct as known to officer did not amount to theft of services). Cf. Humphrey, 148 F.3d at 727 (qualified immunity applied because law about disorderly conduct was unsettled); Moore, 754 F.2d at 1343 (qualified immunity applied because law regarding warrantless entry into home was unsettled). Qualified immunity protects an officer who is reasonably mistaken about the facts as they actually exist, in light of the established law at the time. Keeping in mind that police officers must "'make split-second judgments--in circumstances that are tense, uncertain, and rapidly evolving'" and that we should view the facts with some deference to the officer's "on-scene perspective," Saucier, 533 U.S. at 205 (quoting Graham v. Connor, 490 U.S. 386, 393, 396-97 (1989)), under the established law, "[n]o reasonable officer could have believed that there was probable cause to arrest" Hayes-Pupko for her failure to provide her birth date, and a reasonable officer would have recognized that her conduct did not "justify an arrest [or] create probable cause." (5) Freeman, 483 F.3d at 415-16; see also Bashir v. Rockdale County, 445 F.3d 1323, 1331 (11th Cir. 2006) ("A reasonable law enforcement officer faced with these circumstances would have known he could not enter the home and arrest Bashir without a warrant, exigent circumstances, or consent. That so doing would offend the Fourth Amendment was clearly established by the precedent recounted above. . . ."); Petersen, 1998 U.S. Dist. LEXIS 12495, at *12 ("any reasonable officer who had spent as much time with the parties as Officer Gibson would have realized that Petersen lacked criminal intent in light of Illinois law defining theft of services"). Because Dutton did not establish as a matter of law either of the prongs of his qualified-immunity defense, the trial court did not err in denying Dutton's motion for summary judgment on Hayes-Pupko's claim of unlawful arrest. Excessive Force Having held that Dutton lacked probable cause does not, however, not end the inquiry into whether qualified immunity protects him from Hayes-Pupko's excessive-force claim. See Bashir, 445 F.3d at 1332. Whether Hayes-Pupko may proceed with her excessive-force claim is independent of whether Dutton had the power to arrest her. Id. A plaintiff alleges a violation of the Fourth Amendment's bar on excessive force if she alleges (1) an injury (2) caused by the officer's "use of force that was excessive to the need," and (3) that the use of force was objectively unreasonable. Bush, 513 F.3d at 501. "[M]inor, incidental injuries that occur in connection with the use of handcuffs" will not support a claim for excessive force. Freeman, 483 F.3d at 417. The injury suffered must be more than de minimis. Williams v. Bramer, 180 F.3d 699, 703 (5th Cir. 1999), clarified on reh'g, 186 F.3d 633 (5th Cir. 1999) (quoting Ikerd v. Blair, 101 F.3d 430, 434 (5th Cir. 1996)). [A]n injury is generally legally cognizable when it results from a degree of force that is . . . objectively unreasonable under the circumstances. The objective reasonableness of the force, in turn, depends on the facts and circumstances of the particular case, such that the need for force determines how much force is constitutionally permissible. Specifically, the court should consider "the severity of the crime at issue, whether the suspect poses an immediate threat to the safety of the officers or others, and whether he is actively resisting arrest or attempting to evade arrest by flight." Bush, 513 F.3d at 501 (quoting Graham, 490 U.S. at 396) (footnotes omitted). Similar to the facts presented in Bush, Hayes-Pupko alleged that Dutton grabbed and twisted her arm, pinned her against the car, and forced her legs into his patrol car, in the process fracturing her right wrist, bruising her knees, leaving bruises on her arm from his fingers, and causing spasms in her left arm. See id. at 496, 501 (plaintiff was arrested after she interfered with officer's questioning of witness and in course of arrest, officer "forcefully slammed" her face into car after she was handcuffed and subdued, resulting in injuries to her face, teeth, and jaw). Hayes-Pupko alleged that Dutton "lunged" at her and twisted her arm behind her back before she could finish asking him why he wanted her birth date, that she did not attempt to walk away or resist his use of force, and that he continued to use painful force even after she told him her arm and knees could not bend in the ways he was forcing them. Considering the facts as alleged by Hayes-Pupko, she was being questioned about a minor incident, posed no risk of danger to Dutton or anyone else, and was not attempting to flee or resist arrest when he grabbed her arm and threw her against her car. See id. at 501. Thus, we hold that there is evidence that Hayes-Pupko suffered substantial injuries as a direct and sole result of Dutton's use of force "excessive to the need and objectively unreasonable under the circumstances." See id. Hayes-Pupko satisfied the first prong of the inquiry. We next ask whether Dutton's use of force in violation of the Fourth Amendment was "nevertheless objectively reasonable in light of clearly established law at the time." See id. To show that Dutton's conduct was objectively unreasonable, we ask whether Hayes-Pupko's right to be free from the degree of force used by Dutton was "clear to a reasonable officer at the scene," considering the specific circumstances, which evolve quickly and require officers to make split-second decisions about the necessary amount of force. Id. at 501-02 (citing Saucier, 533 U.S. at 201-02, 205). The right to arrest someone "necessarily carries with it the right to use some degree of physical coercion or threat thereof to effect it," and the allowable degree of force depends on the severity of the crime, whether the suspect posed an immediate threat to the officer's safety, and whether the suspect was attempting to flee or resist arrest. Graham, 490 U.S. at 396. The alleged crime for which Hayes-Pupko was being arrested--failure to identify--is a minor offense, the facts as alleged do not show that Dutton had any reason to believe Hayes-Pupko posed an immediate danger to his safety, and Hayes-Pupko was not attempting to "flee" or resist arrest when Dutton grabbed her. See id. Dutton did not ask or order Hayes-Pupko to stay where she was, say that he was not finished talking to her, or verbally tell her she was under arrest; instead, he seized her arm, leaving bruises where he grabbed her, and twisted it behind her back. We hold that in light of the circumstances and the offense for which Hayes-Pupko was arrested, a reasonable officer would have known that he could not apply the force that Hayes-Pupko alleged was used, force that she alleged resulted in visible bruises, ongoing knee problems, spasms in one arm, and a broken wrist in the other. See Bush, 513 F.3d at 502. Dutton has not shown as a matter of law that he is entitled to qualified immunity on Hayes-Pupko's claim of excessive force. See id. Conclusion Dutton did not establish his right to judgment as a matter of law on his assertion of qualified immunity to Hayes-Pupko's claims of unlawful arrest and excessive force. Therefore, the trial court did not err in denying his motion for summary judgment. We affirm the trial court's order. __________________________________________ David Puryear, Justice Before Chief Justice Law, Justices Patterson and Puryear Affirmed Filed: August 7, 2008 1. Hayes-Pupko also sued Williamson County, the City of Georgetown, and one other police officer. She initially asserted state tort claims, state constitutional claims, and federal constitutional claims. Her claims against Williamson County, Georgetown, and the other officer have been dismissed or denied, as have her state law claims against Dutton. 2. Dutton does not dispute that since the incident, he has learned that Hayes-Pupko suffers from various disabilities, including knee problems from an accident in 1983. Hayes-Pupko had postponed knee surgery that was scheduled for the day before this incident and was to remove the "massive hardware" she had in her left leg because "my femur had been shattered and my knee. My right leg, the patella has been split. They were going to take the hardware out of my left leg because I was having extreme pain from that." 3. In Freeman v. Gore, the court noted that "both the probable cause inquiry . . . and this second prong of the qualified immunity inquiry [asking whether the mistake was reasonable] are framed in terms of how a 'reasonable person' would act." 483 F.3d 404, 415 n.8 (5th Cir. 2007). The court held that a finding that the officers lacked probable cause, which requires a "reasonable person" inquiry, does not "foreclose the possibility that they might be entitled to qualified immunity." Id. 4. Dutton asserts that failure to identify was not the sole basis for the arrest and that he did not decide to arrest Hayes-Pupko until she tried to walk away and slapped at him. However, we read the facts in the light most favorable to Hayes-Pupko, who alleged that Dutton grabbed her arm and pushed her against the car, telling her he would think up a charge against her, when she started to ask why he needed her birth date. Further, at the hearing on Hayes-Pupko's criminal case, Dutton agreed when asked, "When you attempted to arrest Ms. Pupko, your only basis, at that point, was for failing to I.D. Is that correct?" 5. This case is similar to Freeman, in which the police sought to serve an arrest warrant on the plaintiff's son. 483 F.3d at 408. He was not home, so they went to Freeman's house and asked to search for him there. Id. She said they could not enter without a warrant for her address, so the police arrested her for hindering apprehension and interference with public duties. Id. at 408-09. The court held that Freeman's refusal to allow the police to enter without a warrant did not give rise to probable cause because the officers were not "performing a duty or exercising authority imposed or granted by law" and her behavior did not amount to hindering arrest. Id. at 413, 415 (citing Tex. Penal Code Ann. §§ 38.05 (hindering apprehension), .15 (interfering with public duties) (West Supp. 2008)). The court held that "a reasonable officer would have known that he could not lawfully search Freeman's home, and that Freeman was not, therefore, interfering with any exercise of any authority granted to the deputies by law." Id. at 414 (footnote omitted).

We should force teachers and students to concentrate on those with good behavior simply because they are "special." Verdad?

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Early TAKS results steady

By David Kassabian (Contact)
Originally published 02:15 a.m., May 21, 2008
Updated 02:15 a.m., May 21, 2008

CORPUS CHRISTI — Despite districtwide scores holding steady across all subjects, math and science results at some CCISD campuses for the state-mandated Texas Assessment of Knowledge and Skills continue to be a concern, administrators said.

The Texas Education Agency released preliminary TAKS results to the Corpus Christi Independent School District on Monday, and administrators continue to pore over the data, said CCISD Superintendent Scott Elliff. The district has continued to see increases in middle school math scores in addition to strong reading and writing scores.

At the high school level, Moody High School showed marked improvement in math and science, Elliff said, and Ray High School showed slight improvement. But high school student passing rates districtwide still are a concern, especially at Miller High School, where 36 percent of ninth-graders and 58 percent of 11th-grade students passed the math TAKS.

"Certainly we do not want to see scores in the 36 percent range as we've seen at Miller (High School), and we continue to work with leadership on the types of interventions that need to be put in place," Elliff said.

A plan to raise passing rates may include putting additional resources for training math teachers at Ray and Miller.

Collegiate High School, a partnership between CCISD and Del Mar College, had the highest ranking scores among all district high schools in all subject areas, school officials said.

Under Texas law, third-, fifth- and eighth-graders must pass all portions of the TAKS to move on to the next grade level. High school students must pass to graduate. Students have three chances to pass each section of the exam.

Results released this week were the first administration of the TAKS. Final results will be released later this summer and will include results for those students who retest.

Passing rates on the TAKS help determine rankings and funding at the state and federal levels.

After taking an early look at the results, Elliff said it is unclear what this year's TAKS scores will mean for state rankings. On the federal level, Elliff said he suspects Miller will continue to be cited for not making adequate yearly progress per the No Child Left Behind Act.

Contact David Kassabian at 886-3778

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(72) User Comments:
Reply to this Post | Suggest removal
related links Posted by 235951 on May 21, 2008 at 3:02 a.m.

way to go KING!!
Reply to this Post | Suggest removal
related links Posted by 238212 on May 21, 2008 at 7:12 a.m.

King rules!
Reply to this Post | Suggest removal
related links Posted by 269019 on May 21, 2008 at 7:50 a.m.

Why didn't the Caller-Times cover the TAKS results from the other ISDs in the area? Wake up folks, there's Calallen, T-M, West-Oso, and Flour Bluff--all in Corpus Christi. Not to mention the other area schools--Robstown, G-P, Ingleside, AP, Port A, London, Kingsville, Driscoll, and others I can't remember right now.

The Corpus Christi educational infrastructure is a lot bigger than King and Moody, it'd be nice to see them covered too.
Reply to this Post | Suggest removal
related links Posted by 296404 on May 21, 2008 at 8:12 a.m.

The scores just were released to area schools yesterday.

Most want time to go over with department chairs and teachers before they release them to the media.

More will be coming calm down....
Reply to this Post | Suggest removal
related links Posted by 703759 on May 21, 2008 at 9:04 a.m.

Wow... 36% pass rate...

Success begins at home. Maybe its time for parents to be parents and be involved in their kids education.

One of my kids aced the math TAKS, the other was commended. How difficult is it to guide your kids and help them succeed.

Parents, I feel, are to blame for the low scores, not the school.

I get angry seeing so many parents not involved with their kids lives. Why have kids if you dont want to parent them.
Reply to this Post | Suggest removal
related links Posted by 324129 on May 21, 2008 at 9:21 a.m.

While it is not the parents responsibility alone to educate and push these kids, they are the main support for schools. Instead you find parents making excuses for kids. "They have always had trouble in math........ I had trouble with math too.....they are not good readers...and so forth. If thats the case then make them go tot tutorials, do extra work, practice online, etc. Theres a lot there but it wont come to you. Around here the underlying problem to our bigger problems in this city is the lack of valuing a good education. People still think its 1950 and a high school education is enough, or you drop out in the 8th grade if you're not successful in school. Hello CC, its 2008 and sometimes a masters degree is not enough. School never ends if you want to be successful in life. Learning , as they say , is a life long lesson. Either that or you remain on government assistance or label your kids under some special ed condition to get a disability check once a month. Very sad situation.
Reply to this Post | Suggest removal
related links Posted by 425944 on May 21, 2008 at 9:28 a.m.

36% is DISMAL.

My kid just announced to me that he received COMMENDED on his MATH & SCIENCE. He's a Calallen student and I'm sure Calallen did great once again this year.

I'm so proud.

But post 759, you are absolutely right. It DOES begin at home. There's not a kid out there that enjoys doing homework. But I make sure I check the website on a daily basis (VSI) ...View Student Information website to see what his grades are.

Once you see a problem or a low grade, you can jump in and get things back on track before they have a chance to fall behind.

Once I see a bad grade, the questioning begins. Along with plenty of follow up, including touching base with the teachers.

Parents have to stay involved, from kinder on up to 12th. And through College I might add, especially if I'm the one that's going to be paying for it! : )
Reply to this Post | Suggest removal
related links Posted by 706419 on May 21, 2008 at 9:40 a.m.

in response to 269019

Dont forget Rockport-Fulton. I have heard alot of kids who were doing very well. Even still, this is a minimum-level knowledge assessment. It is the most basic of materials, and low numbers should not be acceptable.
Reply to this Post | Suggest removal
related links Posted by 233544 on May 21, 2008 at 9:46 a.m.

Wow...not surprise at Ray.
I had the lovely opportunity of being the several classes at Ray and was shocked to see what I saw.
The students ran the classroom. They were loud, disrespectful, cussing, eating, leaving the room, texting, yes texting, sleeping, applying makeup, in and out of their seats visting all the while the teacher was trying to teach. She/he were having to yell in order teach. I kept wonder who was the adult in charged. All the while I realized the parents of these students don't give a damn on how they are being raised. The excuse of we work, they don't listen, or we don't have time, is a poor excuse for a parent. I work, raise kids, have grandkids, kids in sports, keep a clean home but I expect my children to be respectful and learn while they are in school. I don't tolerate any less of them.
But in the other hand, I too blame the teachers. They are the ones in charge. They need to send these students to the office or ISS. If they don't want to learn then send them out. Why should the other students who are there to learn suffer in their studies because of them. They should not tolerate this kind of behavior in their classroom. For it wasn't cute, funny, or excusible. I was embarrassed to be there.
Reply to this Post | Suggest removal
related links Posted by 709677 on May 21, 2008 at 10:14 a.m.

G-P ISD & Calallen ISD are the top and best School Districts in the area! Probably in all of South Texas.
Reply to this Post | Suggest removal
related links Posted by 297469 on May 21, 2008 at 10:34 a.m.

King is King!!
Reply to this Post | Suggest removal
related links Posted by 233256 on May 21, 2008 at 10:40 a.m.

What were the scores for Carroll? Does anybody know?
Reply to this Post | Suggest removal
related links Posted by 702968 on May 21, 2008 at 11:16 a.m.

in response to 232632

Teachers have worked so hard this year! Sad but true - most kids realize that there is absolutely no reason why they have to take the TAKS seriously. It only affects graduation for Juniors. In addition, they can take it over and over till they pass, well before May of senior year. The freshmen & sophomores don't care about TAKS!
Reply to this Post | Suggest removal
related links Posted by 710669 on May 21, 2008 at 11:18 a.m.

233256, click on that photo in the article to enlarge it. If a new window doesn't show, then you may have popups blocked.

Go KING!
Reply to this Post | Suggest removal
related links Posted by 709677 on May 21, 2008 at 11:18 a.m.

GP & Calallen have higher scores than King too...
Reply to this Post | Suggest removal
related links Posted by 702968 on May 21, 2008 at 11:20 a.m.

in response to 233544

Where are we supposed to put these kids when they aren't in the classroom learning? How many times have you written a referal only to have tthe student come back two days later & tell you how much they enjoyed ISS? Then, the teacher has to back up and reteach what was missed because God knows the kid won't come in on his/her own free-will before or after school. Give me a break! The only ones who can say anything about how effective or ineffective a school is, are those that are there daily, have an education, and know that our hands are bound!
Reply to this Post | Suggest removal
related links Posted by 425944 on May 21, 2008 at 12:26 p.m.

in response to 233544

Thank you soooo much for sharing your story with us. I agree,
It's gotten out of hand. Kids are disrespectful all over the place!

They don't give a rat's butt about learning or even respecting the teachers anymore. Texting, putting on makeup and being rude is unacceptable behavior in the classroom. They have approximately 40 minutes in each class to get down to business.

Send them home if they cannot act right. I really believe we should be able to record on tape what these kids are doing inside the classroom.

My 7th grader told me about a month ago something that disturbed me. One of his teachers wears pants that do not cover her entire derriere when she squats down to get into her supply locker or desk.

The kids all talk about her butt crack or butt cleavage right there in the classroom for all to hear. I cannot believe a teacher will wear something that is revealing to students.

7th graders at middle school are OBNOXIOUS. You cannot give them anything to act on,.....because their hormones are raging right now and they are as immature as it gets. And their language is dispicable.

Teachers should know better! But what can you do about it? Shouldn't the teacher know that this is not appropriate in the classroom???

I wish I was confident enough to HOMESCHOOL. But I don't have a clue how to go about it. And I do not want to deprive my kids of a social setting. Because they will have to get out into the real world sooner or later.

But I tell myself this often....."You could not pay me to go back to Middle School or High School. Kids now days are barbaric!
Reply to this Post | Suggest removal
related links Posted by 425944 on May 21, 2008 at 12:28 p.m.

in response to 709677

That is why we live in the Calallen School District. At least there are less problems out here.
Reply to this Post | Suggest removal
related links Posted by 451051 on May 21, 2008 at 12:45 p.m.

The TAKS is the easiest test in the world to pass.

Teacher's need to stop teaching kids how to pass the TAKS test and start teaching. If they would just teach the kids, passing the TAKS would take care of itself.
Reply to this Post | Suggest removal
related links Posted by 296404 on May 21, 2008 at 1:24 p.m.

Send them to the office...get real. What can the office do? Send them home? They get no education there. Seriously they need to hit kids and parents where it really hurts ....in the check book.

Kid gets suspended-150.00

kids get a referrel- 25.00

and so on.. kids are coming to school these days knowing that the ISD is hamstrung and can't really do anything to them as far as dicipline. Only the coaches really ever receive any sort of respect and that's because they have command presence.
video w/ sound should be apart of every class.
Reply to this Post | Suggest removal
related links Posted by 463854 on May 21, 2008 at 1:39 p.m.

in response to 232632

Haven't you ever heard the saying "you can lead a horse to water but you can't force him to drink?"

Well in this case,

"You can teach a student math and science but you can't force him to learn it"

I have several friends that are teachers and they all tell me the same thing. Most kids don't care and when they try to get the parents involved to help "encourage" or “correct” them, they either get attitude, no response, or a projection of the parental responsibility of teaching "responsibility" onto the teachers.

Our teachers are educated college graduates who specialize in their field. They aren't the students "parents".
Reply to this Post | Suggest removal
related links Posted by 252401 on May 21, 2008 at 2:08 p.m.

I love standardized testing. Aren't government run schools wonderful. We need more money so we can give TAKS in the Fall, too.
Reply to this Post | Suggest removal
related links Posted by 447714 on May 21, 2008 at 2:15 p.m.

MY KING IS KING TOO!!!!!
Reply to this Post | Suggest removal
related links Posted by 233544 on May 21, 2008 at 2:32 p.m.

In response to 702968. An Education....they don't want or think they need an education. Our hands are not bound if we enforce the rules that are in the handbooks at EACH School. These students don't care a rat's butt on learning meanwhile they are stealing away precious minutes for those who do. If the office can't or won't do anything then send them to boot camp, make the parents pay a daily rate like the jail system is billed for inmates. I agree with post 296404 on charging the parents where it hurts. Nowadays most of us can't afford the extra expenses.
I agree, teachers are not the parents and should not have to put up with this type behavior from anyone. But these teachers let the students run and dictate how class would be spent. They just spoke louder, ignored the problem and even laugh at some of the crude remarks made. So....if these are educated teachers with college degrees...now why would they tolerate this???
Question: What if the police dept ignored speeders because their hands are tied for everyone does it so why bother?? All they have to do is pay a fine and their back again on the road.
Hands tied....I think not...enforce the rules we as parents sign every school year.
Reply to this Post | Suggest removal
related links Posted by 710237 on May 21, 2008 at 2:38 p.m.

in response to 324129

YOU HIT IT RIGHT ON THE NOSE!

The schools cannot teach without parents supporting them all the way.

It takes such basic elements such as sending their child to school every day, checking on their work, expecting better work all the time, expecting that their child behave in class in order to learn, AND to communicate AND cooperate with their child's teacher/s. It is all part of being a parent...you are in charge of your kid. God gave you that kid...the CCISD did not hand you this kid at birth. Take responsibilty.

And if you expect your child to go on to college or go into some sort of a trade after high school, then you set goals and expectations for your child. He/She knows what you expect and has his/her mind set on it. You put your kid on a course...a journey for success. This means your kid will not have time to do drugs, hang out with gang members, be out all night, and hanging out with kids who have no future or how to get one.

Unfortunately, I think parents take up for their kids against the teacher or school only to make themselves look like the good guy but that never solves the problem. It sends the wrong message to the kid. I think some parents want to make up for their attention to their kid and think by taking up for him/her makes everything better. But it doesn't. It makes things worse.

You can have the greatest teacher in front of the class but if she/he has to deal with disruption and constant absences from students his/her work is diminished in many ways. So much is squandered when time is lost like this.

I don't know what can be done to WAKE UP THE PARENTS in our city. When they don't care, their kids don't care either. I think, too, we have parents who have just given up on their kid. They don't know what more to do which is a real shame. They were too late in beginning to care.

I suggest that Jo Ann Hooks begin her job by instilling in our city a value in education. That is our basic and greatest need.

So, if you are complaining about the TAKS scores, I think we, as parents, need to look in our homes to see how we give our support to the schools. I think we blame the schools too much.
Reply to this Post | Suggest removal
related links Posted by 709539 on May 21, 2008 at 2:54 p.m.

in response to 703759

Yes, success does begin at home. However, forcing my kids to memorize and regurgitate for a test is not my priority. I believe most of the teacher unhappiness and student disruptiveness can be connected to this totally inane system of promoting lower levels of learning.

My kids pass it also, but I could care less. It in no way prepares them for critical thinking and other higher levels of learning. It has absolutely nothing to do with education - only with accountability and it is destroying our schools. I try to engage them in learning as I know the teachers do - but their hands are tied in so many ways.

The scores are artificial when the information is force fed. Low scores could indicate that the are not doing this or teaching them how to fill out the bubble sheet.
Reply to this Post | Suggest removal
related links Posted by 239536 on May 21, 2008 at 3:01 p.m.

in response to 233544

Well said schools do need to enforce the rules. I dont know how many times I have seen kids wearing their pants sagging it is digusting and let me guess the teachers and principals just turn the other way. Girls wear low cut shirts but because it is the right color it is allowed. I do teach my children when they are at home and they do know better but if and when they mess up at school I do expect for the teachers to enforce their rules at school.
Reply to this Post | Suggest removal
related links Posted by 710237 on May 21, 2008 at 3:03 p.m.

in response to 233544

I'm sorry but I must take up for Ray HS.

Please do not judge the school by just one or two teachers. I bet they are doing the best they can with what they have...which is a lack of parent support and kids who are not there to learn. It is really a shame that teachers have to deal with such a scenario.

I see Ray HS as being a "turn-around" school. It began in the fall with Dick Peltz (interim principal) taking Steve Gonzalez's place. In the last 4 1/2 months, he with the cooperation of the staff, had to look hard at test data, address immediate staff develpment needs and the concept of being a team in order to address the teaching elements in the classroom. It is amazing to see the headway made so far though it is just a dent of what can happen...and will happen with the new principal being named to Ray HS.

Ray HS is embarking upon a new era...if all the teachers give their support to the hard work that is ahead of them AND if the parents will wake up and be parents who cooperate with school rules and teacher expectations in the classroom then Ray HS will make greater strides in this school district by this time next year.

We must have hope. We must give the Ray staff our support. I urge all former Ray HS alumni professional people to group and meet with Dick Peltz and/or Cissy Perez to see what role you can play in getting the Ray parents to support their child's education. Yes, kids need mentors, but I think their parents need mentors, too. I can't think of another way to address this need of parental support at Ray HS unless someone out there can come up with a different tyype of campaign.
Reply to this Post | Suggest removal
related links Posted by 711968 on May 21, 2008 at 3:15 p.m.

in response to 239536

The schools and teachers really shouldn't even have to enforce the dress code. It should be enforced by the parents who buy the clothing and who watch their children walk out the door.
Investigate the TAKS test. They are not necessarily a minimum skills tests. The majority of the questions are geared to higher level thinking skills. A student can not pass the tests simply by getting all the knowledge and comprehension level questions correct, because only about a third of the questions are at that level. Most of the test questions are at the application, analysis and critical thinking levels. The sophomore and junior science tests cover biology, physics and chemistry, requiring students to apply very specific knowledge gained in 8th, 9th, 10th and 11th grades (never mind that the sophomores don't take chemistry until their junior year).
Reply to this Post | Suggest removal
related links Posted by 233544 on May 21, 2008 at 3:17 p.m.

to 710237...
I am not bashing Ray HS but the mere fact that teachers are putting up with disruptive classes on a daily basis in which there is no need to. They as teachers must enforce the rules and if the student can't abide by them, then they need to be sent to facility like boot camp so they can learn respect, manners, and all that is needed that they don't get a home. A shame these parents didn't do this in the first place.
I hope Mr. Peltz can turn Ray around. I am a Proud Ray Texan graduate and I know when we were at Ray, Dr Norman didn't and would have not tolerated this type of behavior. But this problem is not only at Ray but all schools. Our teachers are having to put up with this type of abuse and we as parents need to voice our voices loud to Joann Hooks, Elliff, and to those parents of these unruly kids they are raising we will not tolerate or allow their children rob our children of an education. I know next time there is an open meeting on what we can do to better our schools, I Will be there. How many of you others will or are is this all you can do? Any one can write opinions but do you all have the voices to match?
Reply to this Post | Suggest removal
related links Posted by 703392 on May 21, 2008 at 3:28 p.m.

the problem with ray is the cracky neighborhoods that surround ray. Koztoryz street is one i avoid because of lots of graffiti, lil' gangsters with the sagging khaki pants.....dont even get me started on bucanneer apartments. these nieghborhoods are crime havens.....kids go home to smoke weed and cause trouble while single moms are trying to make ends meet. and when mom comes home the kids dont kisten to her because they know she cant and wont do anything discipline-like.

when i went to ray the koztoryz neighborhhod was not like this, the lindale neighborhood was not like this....

i think that with the southside sprawl, this side of town has suffered immensly....just look at the graffiti that has popped up on alameda across from driscoll childrens hospital....i even saw graffitti on a fense on oleander.....AWFUL....where are the police???
Reply to this Post | Suggest removal
related links Posted by 463854 on May 21, 2008 at 3:35 p.m.

in response to 233544

What’s the alternative? I have a friend at teaches at CCISD that tried to get a kid off his I Pod one time to pay attention and got punched because he "touched the kids desk". He called security, sent the child to the office, and before the class was finished the student was back (with the referral signed by a principal) releasing him back to class. When asking about it later, he was told that the kid felt “threatened” because he threatened to confiscate the I-Pod for the day if he didn’t get off. My friend got written up for “threatening” a student when he got punched. Other kids vouched for him as well as the janitor in the room at the time but he got in trouble and the kid not even a slap on the hand.

He told me another story where he failed a kid for sleeping in the back (the grade was a literal 0 but gave him a mercy 60 so that the kid had a chance to pass the year) and the parent came in during a conference throwing chairs demanding that the grade be changed so that his kid could play ball. A councilor showed up during the “display” got the parent to calm down the proceeded to try and convince my friend to change the grade because the kid was a starter on the football team…

I could fill this blog up with such stories but the point is, the teachers can't touch then, the principals don't "deal" with the problem, and when they are sent to ISS or suspended the kids brag about their "vacation" while the teacher is help responsible for their progress.

I used to want to be a teacher (math and/or science). Today, you couldn't pay me enough to even consider it.
Reply to this Post | Suggest removal
related links Posted by 710237 on May 21, 2008 at 3:45 p.m.

in response to 425944

Regarding teacher dress:

There are school guidelines concerning "professional" dress for teachers and staff members but a principal must choose his/her battles. This is especially true when the staff person will run to the union (AFT) and whine. The union is famous for not supporting guidelines and rules that promote professionalism in the classroom whether it has to do with dress or teaching.

What will make an impression on teachers/staff if you are parents who are unhappy about the sometimes vulgarity in dress you see in your schools is to gather as a group and meet with the principal. That is what will give your principal the backup he/she needs to address this area. You have to unite...but some of you don't have the guts.

I blame the local AFT leaders for protecting members, rather than the students, and watering down the concept of excellence that is required in our schools and in our classrooms. Instead of being part of the solution to promote best practices in the school setting, they become part of the problem. They make this a sport and take glee in it.

I see the AFT as right in line with the type of poor parental support we have in some of our schools. They blame, they whine like a 5-year-old, they bully, they badger, they don't know what to do in order to WORK WITH THE SCHOOLS so they take on a negative role and protect the teacher or staff member. Sounds just like those parents, right?

The local AFT needs to look at itself very hard to see how they are helping or hindering the school district. We need their help, too, in order to be successful...but many times, the AFT sends out the message that the agenda is not success but rather to tear down the district, the principals, and the good teachers that are out there...no matter the emotional, mental, physical costs it takes to this evil endeavor. This is their "sport" and reason for existing.

I urge all AFT members to look hard at this organization and decide if this is what you want to be part of.

People like Susie Luna do nothing to promote goodness and success in our schools. The AFT needs to address a different type of leadership among its ranks. It needs to change its course in order to become a releavant and viable organization who can help being a POSITIVE change agent in our schools...especially where TAKS scores need to improve and the "underdogs" are the students.
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related links Posted by 324129 on May 21, 2008 at 3:48 p.m.

It must be Taks time. So much finger pointing....
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related links Posted by 239536 on May 21, 2008 at 3:53 p.m.

in response to 711968

You are absolutely right but it is not my child because probably like you I monitor mine but for the parents that dont and the that child shows up out of dress code then yes the school should enforce those rules because it is in their rule book and that goes for anything in the rule book.
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related links Posted by 711504 on May 21, 2008 at 3:56 p.m.

Why are Miller's scores so terribly pathetic?!?

Wow -- I wouldn't send my kid to Miller if her life depended upon it!!!
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related links Posted by 324129 on May 21, 2008 at 4:17 p.m.

Its not the school. Its the parents and kids which are everywhere, even the south side schools. No school is immune to these social problems. Even you knew what was going on at every other school you wouldn't want to send your kids there either..and that goes for Calallen and GP as well. Its everywhere, despite where you live or how wealthy you are
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related links Posted by 233544 on May 21, 2008 at 4:22 p.m.

ok...post 703392...where did this neighborhood issue come in. You think if you live in Kings Crossing, Ocean Drive, SouthSide that your kids are any better. I can bet you kids with money or no money are some that cause problems in school. Those with money, don't worry daddy will bail them out or donate money to the school booster than it's ok...the ones without...don't care, cause regardless what they do their parents can't or won't pay. So...this is not a where you live issue but an issue everywhere.
It's sad that we have let these kids run our schools because teachers and principals can't run expel these kids because CCISD says all kids must be in School regardless. Dress codes...are a joke...but this issue is not about dress codes...it's about education. Our children deserve the right to be educated. We all pay school taxes so why do we have to endure this type of behavior. Why can't CCISD give these kids a two system warning. First it's ISS and a fine to the parents. Then on the second..it's Boot Camp with the parents being fine for each day they are there. And if they fail to pay these fines then revolt the Drivers License. It's a Texas Law that our kids have to be in school so why not make it a Texas Law if your child is sent to BC then this is what will be imposed. if i have to pay taxes for our schools then those parents should have to reimburse the city for my child losing minutes of his education.
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related links Posted by 451051 on May 21, 2008 at 4:47 p.m.

in response to 233544

You are living in a fantasy world.
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related links Posted by 711504 on May 21, 2008 at 6:07 p.m.

324129 ...

That may be true. Perhaps all of the schools in the District have issues. But why is Miller's score so much worse than the rest of Corpus Christi's schools?

Only 36% of 9th and 10th graders could pass the TAKS?!?

C'mon -- this test isn't like the ACT or SAT. This is an easy test meant to determine how well they know their 9th or 10th grade math. This translated to the average student only correctly answering 18 out of the 50 questions on the test! That is not just BAD...it is disheartening.

While all of the scores need improvement, it seems that it would take a miracle for the school to raise that number to a state acceptable level.

The 36% passing rate means 64% failed!
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related links Posted by 710237 on May 21, 2008 at 7:14 p.m.

in response to 711504

Well, first of all TAKS is not an "easy" test as you state. Another poster explained it well when he/she said how the test questions are posed etc. All that was stated by that poster is very true.

I suggest you go to the TEA website, download last year's high school tenth or eleventh grade test in reading, math and science and see how you do. Take the tests....take just one test. Perhaps then you might understand and get off your high horse.

Why do some schools, like Miller as you stated, do poorly on the TAKS? Well, many components enter into a low score. Here are a few: 1) poor student attendance, 2) not paying attention in class by being disruptive, 3)not applying oneself to the task, 4)not completing or doing homework/classwork, 5)not preparing for quizes, mini-benchmark and benchmark testing,6) falling asleep in class, 7) not getting proper sleep at night, 8) lack of consistency as a learner 9) lack of motivation, 10) not wanting to be ridiculed by peers for being a good student, 11) drugs, 12) not having parents who care and provide a homelife where education is important and a priority, 13) not coming to tutorials or getting the extra help that the school provides to ensure success, 14) working after school to pay for a car/clothes and thus not being able to do homework or study, and 15) kids who just won't apply themselves during the actual testing session in order to do well on the TAKS Test.

Yes, it is very disheartening when you have the above components and you get those low test scores. I am sure there are more components but those are at the top of my list.

Believe me when I say that the high schools do all that they can and more to see students succeed on the TAKS. I witnessed Ray HS, for example, pull all the stops this year to remove their unacceptable status. Extreme measures and strategies were developed to accelerate teaching and learning before school, during school and after school all year. Yet, they had to battle components that would make one weep because some kids did not care and some didn't show up for class.

You want to point a finger, I suggest you point it at the high school kids, their parents and not the schools. The schools, believe me, do all within their power to teach their students...you can bring a horse to water but you can't make him drink it.
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related links Posted by 304189 on May 21, 2008 at 7:18 p.m.

What MANY of you don't realize that a 75% is considered passing on the Science test. Next year it will be an 80%. So, when you have lower scores and lower ratings remember that. I, personally hate this test. Its the do all and be all. I had a student that was very disruptive in my room. I coudn't teach. I wrote 5 referrals on the kid. The kid went home each to only to go to bed. That was TOTALLY pointless. He was given Saturday denttion, but the parents never sent him because he had baseball games. So, we increased the number of detentions. Well, he was moved to another room because his throwing things and hollering out during my lessons somehow were "my fault." His parents enabled him SO bad. He had learned that if he got in trouble in school he would eventually get what he wanted. He was moved to another room and misbehaved there (no suprise) and his parents pulled him out of the school. This is a child who slaps his own mom when he does not get what he wants. If his parents had TAKEN away his baseball for detention or told him to behave in class instead of spending all the time blaming the teachers he would of behaved. This kid had been given power and knew how to get out of a classroom. I say these parents need to pay too. It costs us money each day they miss. So, if they are suspended they should have to pay.
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related links Posted by 710237 on May 21, 2008 at 7:38 p.m.

in response to 304189

I feel for you. Teaching in today's world can be rewarding but it is tough. Yes, you have some wonderful students who glow with intelligence and you have students that try so hard and do succeed but then you have students like the one you described in your class. It only takes one to do so much harm.

That kid was allowed to act in that manner way back when he was a toddler. We all saw him act up at the grocery store, at Wal*Mart, at a family gathering. The parents never controlled him. He hit or bit other kids. He didn't want to share. He wanted his own way all the time. He didn't want a routine. He was exposed to vulgar language and violence in the home. When he was in PK, Kinder, and First Grade, he was the one who screamed because he didn't want to come to school at the beginning of the school year. He knew how to throw tantrums. He knew how to hold his breath until he turned red. He knew how to manipulate everyone around him.

Unfortunely, he didn't come with a manual when he was born and his parents lacked parenting skills and didn't know what to do or go for help. They probably pacified him by putting him in front of the TV and also allowed him to get his way. It was easier for the parents to allow this kid to manipulate them.

Now, you, the teacher have inherited this student and he has turned into a nightmare. He is out of control. There is little in school that can address his aggressiveness because laws make it difficult and impossible. Instead, we have to wait until he does something really really bad (and he eventually will) and he will go to jail and eventually prison. He will have to learn the hard way.

Yes, all you people who judge our schools and our principals and teachers....this is how it is. There are many shoes, I think, that teachers/principals would like for you to try on for just one day.
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related links Posted by 361861 on May 21, 2008 at 7:40 p.m.

You people do not know the laws. These kids who do not want to learn have more rights than the educators. They have to attend school a certain number of days to pass, we cannot videotape their behavior because it is illegal, special ed kids have even more rights, and administrators' hands' are tied with many other laws protecting every child, even those that refuse to learn. Not every school teaches TAKS so get over that ridiculous thought. CCISD claims to have a zero tolerance and yes they do, but it is not enforced. It just looks good on paper. Teachers are expected to create miracles without parental support each and every school day. Give them a break. Even those parents who monitor a child's progress can make a teacher's job a living hell. The last thing I have to say is if your child is on the honor roll, which is most parents' priority, and they are not passing the TAKS, something is wrong. Grades should reflect test results most of the time. That is why my children do not attend public school. The TAKS IS NOT EVEN MENTIONED IN PRIVATE SCHOOLS. The kids just learn what they are supposed to learn and winning in sports, which has been an issue lately in CCISD, comes second to academics.
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related links Posted by 711504 on May 21, 2008 at 10:40 p.m.

The point of the matter is that many of our schools are suffering (especially Miller High School). While there are certainly many factors that contribute to this -- most of them are not due to "bad" teachers or administration. It comes down to the home environment of the students.

Sadly, teachers are left to deal with the problem. Teachers today are no longer mere teachers. They are hall monitors, cafeteria monitors, paper graders, counselors and the objects of scorn from apathetic students, parents and district officials who worry about meeting government standards. Teachers need to get back to teaching. Something needs to be done to remove those students who don't care...and let their parents know just how important their educations are in their future.

Sadly, we have students who have behavior and learning problems who are infused into the classroom with students who care about their education. This results in a clash of attitudes -- with the bad attitudes usually distracting the rest. This needs to change. Take out those students who will likely affect the rest. Leave them behind (well, in a different academic environment) and focus on those students who care. Then watch how the TAKS scores will improve!

Bill Cosby makes a great point when he says that it is time for African Americans to stop blaming everyone else for poor standardized test scores, academic achievement or crime rates amongst the AA community. It is time to look within and improve as much as you can.

I know that the teacher's unions don't want to hear this -- but they are a part of the problem. Let the teacher do what they were educated for: LET THEM TEACH.
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related links Posted by 709539 on May 22, 2008 at 12:17 a.m.

in response to 711504

Nice going. Blame the kids with disabilities. I really hope you don't teach in the public schools.

Students don't care because of the TAKS test. When students get to college -the ONLY thing they want to know is the answer to the test. What is the bare minimum they must know to pass. This is what the current system is teaching them. Quite frankly, school is boring - many of the disruptive students are not engaged in this accountability system. Many of the disruptive ones have given up due to many years of struggling with learning issues and receiving nothing but negative feedback. It's like going to a job every day that you are not good at, your boss could care less, and you get no rewards for your efforts.

Sadly, they are "infused into the classroom with students who care about their education" - it sounds like their bad attitude has been modeled for them. If you treat a student as though you don't want them there long enough - guess what? They aren't going to want to be there. And you suggest leaving them behind so that the TAKS scores improve? You are part of the problem.
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related links Posted by 709539 on May 22, 2008 at 12:36 a.m.

in response to 361861

Thankfully, there are laws that protect children with disabilities. The school system is ridiculously powerful against children with disabilities - in institutionalized power alone - a child is easily overpowered.

Children don't refuse to learn. They are generally beaten down or have disabilities. Rarely do children choose to purposely receive consistent negative feedback. They eventually build a defensive wall. There are excellent teachers in CCISD - and they don't whine and blame the kids with disabilities. There are many parents that are supportive that will never fulfill what is expected of them by certain teachers.

The best parents are those who had never had children - likewise - those parents with children who have no disabilities are ALWAYS the first to offer solutions on how to parent children with disabilities. THANK GOD FOR SPECIAL EDUCATION TEACHERS!
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related links Posted by 710237 on May 22, 2008 at 3:06 a.m.

Okay, I'm looking at those TAKS Math scores and something isn't right across the board for the majority of the schools. I think the district needs to look into this area if it wants to see significant growth.

Is there true alignment between TEKS and TAKS? We've been working on this for some time now. The alignment is not a new thing. There should not be a disconnect.

Are the Benchmark Tests truly reliable? These were "handmade" as I like to call them. Perhaps the district needs to buy a reliable Benchmark Math Test from one of the Region Centers. Buy it and implement it for the coming school year. The math coaches need to spend time on how to work with teachers and not go back to refine the Math Benchmark Tests.

Perhaps all math teachers need to attend a summer math camp prior to the new school year. And none of this "missionary" stuff where you send one teacher from your algebra department and that person returns to teach those teachers what he/she was taught That only waters down the information and the teachers will not get the full benefit of it.

Janis Jordan, Asst. Supt. of Curriculum and Instruction, you got some 'splaining to do.

Hmmmmm.
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related links Posted by 235476 on May 22, 2008 at 8:02 a.m.

I went to King High School back and graduated back in 1993. I spent a year at Del Mar then attended Texas A&M in Aggieland. I always felt that the standardized testingTexas high schools were subject to were feeble jokes and a waste of time, and I normally knocked the top off of them. After my first round of real tests at A&M I quickly realized the butt-kicking TAMU's engineering calculus was dishing out. I was outright unprepared, mostly in that I never developed proper study habits in high school. I had to develop my study skills fast, but things would have been a lot more pleasant and enjoyable if I had developed them in high school. These standardized tests mean very little. "Minimum standard" just ain't gonna cut the mustard in classes where the professor has to weed out 1/3 to 1/2 of the class population.

-Michael
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related links Posted by 710237 on May 22, 2008 at 8:19 a.m.

in response to 235476

You use the word "ain't" and you consider yourself "educated?" Even your first sentence needs polishing and I am not going to spend time on the rest of your arrogant paragraph.

I don't understand how A&M College Station accepted your writing skills. Perhaps your professors just dumbed down the expectations for you.

Yes, why don't you go ahead and blame your poor writing skiils on King High School as well or how about the TEAMS Writing Test you probably had to take in grade school. Oh, but you were just too good for test-taking sessions. You were and are a "know-it-all."
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related links Posted by 710237 on May 22, 2008 at 8:26 a.m.

in response to 235476

Sorry, I just realized that I got up on the wrong side of the bed this morning. I didn't mean to chew you out.
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related links Posted by 710237 on May 22, 2008 at 8:29 a.m.

in response to 710237

PS: I guess I'm still upset because the Spurs lost and the Hooks played a really lousy game last night. Yesterday was not my day...or theirs.
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related links Posted by 711504 on May 22, 2008 at 9:04 a.m.

709539...

I am not blaming children for having mental or behavior disabilities (and my post didn't imply such a thing). Rather, it is ridiculous to infuse such children into the classroom setting with "normal" children.

Today, classes usually have 90-95% children who do not interrupt the teacher. However, there are about 5-10% of children who cannot seem to be able to control themselves. It disrupts everything!

If I were to teach a hundred children and one of these "special children" jumps up on my desk, takes off some of his clothes and starts to wiggle his body in a sexual manner -- could you understand how this affects the rest of the class? Worse of all, such children cannot be sent to ISS (In School Suspension) or OSS (Out of School Suspension). They are escorted to the office, and then sent BACK to the classroom.

Most of the "special" children are borderline at best. In other words, they are "special" enough to not count toward TAKS scores -- but smart enough to know that they can get away with such behavior. To some of them, school is just a joke. If I give a test, they simply draw pictures on their test papers because they know that they will earn a 70 regardless of how poorly they perform.

If you really want to make a difference in TAKS scores, the state must allow such children to be removed without any penalty to the teacher. I have known teachers who have been fondled, punched, spit upon and even harrassed by these children (and sometimes, their ever-defending parents). This makes the classroom a difficult environment to face. The only rest is for those who teach "gifted classes" -- because you know that it will be devoid of those 5-10% of behavior problems.

Many states have "special" schools for "special" kids. I would suggest that Texas do the same. There is no point in educating children in a regular classroom who do not care to be educated and who want to distract all of the real instruction going on. But sadly, this is the case in Texas schools day in and day out!
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related links Posted by 233544 on May 22, 2008 at 9:31 a.m.

To 451051...maybe you should get out of yours.
Texas Laws state all children must attend school regardless of how little they care for an education. Then if this is the law then we need to make those parents who don't give a damn what their child does pay. Push our legislature to pass a law that will give these parents fines, jail time or even having to go to school with their child not for one day but maybe one month. Everyone here can write what they think but without actions this problem will continue to grow. If we don't push our Congress to push for more stricter laws to these parents then what good are we as parents. Then were are just as guilty as the other parents for not doing our part. Sure...pass laws, impose fines and still these parents might not still care but you follow thru on making them serve jail time or spend a month in school with their child then maybe they just might wake up. Enough of the slap on the wrist and go back to what you have been doing bs.. Fantasy world...not...I have children and grandchildren in school and I demand they get the education they deserve. And we wonder why our country is below standards in education compare to Japan, Germany, China...
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related links Posted by 233381 on May 22, 2008 at 10:10 a.m.

Has anybody ever heard of the concept of carrying capacity? Carrying capacity is the concept that every population is limited to the size that an environment can sustain. Population growth is limited by predators, disease, and the availability of resources. These limiting factors keep populations from growing unchecked. Sometimes things will happen to population (loss of predators of example) that will allow them to grow unchecked for a period of time. When this happens the population as a whole ends up suffering because the weak and diseased members of that population, who would have been taken out by predators, are now passing on their disease to even the strongest of the population. This causes a huge decline in the population as a whole. Sometimes the decline is such that the populations can not recover. Although this is an ecosystem concept, I believe it can be applied to the state of the current public school system. There is a small percentage of the student population being in ordered to attend classes, where in the past they would have normally drooped out or been put in some type of vocational classes. However, with the current state of school laws (NCLB) these students are being “forced” to stay in classes and teachers are being forced to deal with them. This has caused a situation where the carrying capacity of our public school system has been exceeded and as a result the student population as a whole has began to suffer. If this trend stays the same it may pull down the quality of education to the point where it may not be able to recover. I believe we are already starting to see the first signs of this. Although at first it may seem harsh that I am advocating allowing students to droop out, I am just suggesting we step back and take a good look at what we are doing that is producing such results. So, before you start blasting me, ask yourself this: Are the teachers really any different today than they were 20 years ago? Are these tests any harder than the test I took in school? Then ask yourself; what has truly changed in the last 20 years?
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related links Posted by 711504 on May 22, 2008 at 11:29 a.m.

My family immigrated to the United States (legally) when I was in the 5th grade. We didn't speak any English, and both of my parents only went to the 6th grade in their education. Yet my father realized that the United States could provide superior educational opportunities for his children.

After moving to the United States, we became trapped in the cycle of migrant farm work. We traveled through Michigan, Wisconsin, Arkansas and Georgia. Since neither of my parents spoke English (and the bilingual education programs were ridiculous in their notion to continue teaching us in Spanish), we taught ourselves English by watching television and by interaction with local children. We began each day working before the sunrise until long after it set. Each night, we returned to our one bedroom travel trailer, where we took showers outside with a water hose behind a blanket on a clothes line. These were difficult times -- but each of my nine brothers and sisters never forgot the purpose for our indentured servitude. Education mattered greatly to our family.

We eventually earned enough money to build our own home (with our own hands) in Weslaco, Texas. My parents still have not learned English well enough to communicate proficiently. My dad currently works as a part-time janitor at a Wal-Mart Supercenter. Because of pride, he never accepted a dime of welfare benefits (other than the free lunches that we received in school). My father loves this nation -- and the opportunity that it provided his family.

Of my nine brothers and sisters, seven of us have graduated from college with at least a Bachelor's degree. One is currently attending Texas A&M University-Kingsville working toward a degree in Architectual Engineering. The youngest will graduate near the top of her class from high school in May, and then attend Stanford University on full academic scholarship. Three of us were also elected to serve as delegates and alternates at the Republican Party Convention for the State of Texas in June.

Ironically, we all passed our TAKS-like tests. It bothers me that there are students in this nation who just don't care. Perhaps this is due to apathetic parents at home. However, no one can say that they cannot succeed at this test. Even with our initial handicaps with the English language, we always found a way to excel -- even with standardized tests. This is, after all, the land of opportunity.

I married my anglo husband last year. He and his family are amazed at the success story of my family. Yet we take it in stride. We succeeded because we wanted to succeed. We succeeded because we were encouraged to succeed. That is why I have little patience for those who just don't care. It is as if they don't see the ultimate outcome for their apathy.

If you want something -- you can get it. It might take a little hard work and effort, but it will be worth it in the end.
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related links Posted by 710237 on May 22, 2008 at 12:09 p.m.

in response to 711504

Your story is truly an inspiration.

Many of us, I think, won the lottery eventhough we were given poor uneducated parents who instilled in us a strong work ethic and the desire to make strides in our life through an education. We didn't fool around. We had a purpose. We knew that education would break what could become the family's cycle of poverty. God was a strong element in our life.

Your last 3 paragraphs say it all.

I urge you to contact any low-performing high school to see if you can be part of the parental involvement component. Parents whose children attend a low-performing school need to hear your story at the beginning of the 08-09 school year. You need to give them hope and only you can give them hope because you make the life that you followed and continue to follow believeable and attainable. You must become a mentor for such parents.
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related links Posted by 322991 on May 22, 2008 at 2:26 p.m.

It will never change until 2 things happen, first, school districts need to stop being concerned about attendance and the money it gets from the state each day based on that. A school will not send a student home before 10:00 for any reason because that is when the offical state headcount is taken. If a student gets sent to the office parents will not be called until that time has passed. Second, expell those students who disrupt the teaching process until the next school year. They should not be allowed to go to a different district either. Teachers spend 90% of thier time dealing with 10% of students who disrupt class. That means the other 90% of the students are getting only 10% of the teacher's time. I have had many parents tell me the school can't expell kids and put them on the street but it isn't the schools problem once they are expelled. Parents need to realize schools are not government financed day care centers for thier kids and that is what they have become. Oh, for those who will say I don't know what I'm talking about I have been in many area schools everyday for the last 4 1/2 years. Students run the schools from middle school up, even in some of your supposedly "not in our schools" districts. Expell them if they don't follow rules and dress code.
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related links Posted by 709539 on May 22, 2008 at 2:40 p.m.

in response to 711504

Your post went beyond blaming them, actually. You stated that these children should be removed so that children that care can be educated. You imply that children with disabilities don't care - which is such a generalization and unfair. There are many teachers that do wonders to help these kids rid themselves of these labels - within the regular classroom. These kids are scapegoats for all that is wrong and it is no wonder they get worse over time.

Many are not borderline - but are actually gifted. Their intelligence is locked within some learning disorder. Unfortunately, they look around and see that they are just as intelligent as others but they receive no positive feedback - for years on end.

Your descriptions of negative behavior are so extreme and used as scare tactics for people who have no clue at all about this. These behaviors are not accepted in any classroom and seem to be the result of a loss of control that should have been anticipated earlier in the incident. Often, these situations are left to run their course so that there is an opportunity to document. And children protected under special education ARE suspended and placed in ISS quite often. There are also separate classes for these extreme cases. When there is some shortcoming with the teacher - they will always blame the most challenging child or children in the class. Once that child is removed - they will move to the next one and so on and so on. They generally don't take responsibility for their contribution to the problem.

You see, I was described very much like you describe the uncaring and unmotivated children that do not belong in the classroom. I don't recall EVER feeling unmotivated or uncaring but rather overwhelmed and behind. I do, however, recall being yelled at all the time and told that I was behind, tested poorly, and had no attention span. I was also consistently reminded that if I cared and worked as hard as so and so - I too would be succeeding.

Fortunately, when I graduated from this draconian hell, I went on to complete graduate school and currently have very strong feelings about the way these kids are consistently labeled and discarded. When expectations are high - children reach for them. When there is a prevailing expectation that a child will fit nicely into a negative label - they will reach that expectation also.

I have seen children transcend these disabilities and move on to succeed. It takes the teachers that see beyond the label to help others see the potential.
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related links Posted by 711504 on May 22, 2008 at 3:19 p.m.

Hi 709539...

No, I didn't say that children with mental disabilities "don't care." As a school teacher, I realize that it is easy for such children to distract the rest of the class over and over again. Who suffers? Everyone!

The children without disabilities suffer because they are distracted by the behavior and antics of "special" children. The teacher suffers because she must spend a great deal of time focusing upon those children. The child with the disability suffers because he will "stand out" amongst the other children -- and by realizing that there is an undeniable personal and cognative difference between with them. And finally, the school suffers because TAKS scores for that class will suffer.

I am not saying that children with disabilities should be removed from a normal classroom. I am saying that children who exhibit behavior problems day in and day out should be removed. Is this leaving such children "behind?" Actually, it helps the school to deal with these sort of children on a more individualized basis. They need "life skills" so that they can better integrate into society following school. They are NOT learning such skills by being allowed to constantly disrupt the class without any sort of reprecussions.

Children with disabilities CAN succeed. But they have to want to. And they have to learn that there are consequences to poor behavior. We are not talking about children who desire to learn. Most of these students look and dress like typical students. Yet I have taught in classrooms with such students. They didn't try to pass tests or participate in classroom activities. They simply behaved poorly and blamed it upon their status as a "special" student.

We should not force teachers and students to concentrate on those with poor behavior simply because they are "special." There are rules for the classroom, yet these students are often treated as though the rules do not apply. LIFE MAKES NO EXCEPTIONS! These children need to know that there are consequences for behavior. Are teachers responsible to teach or are they supposed to be behavior therapists?

I taught in Alice for 2 years. The "special students" constantly distracted other kids. One girl stole my purse (and was caught in the bathroom stuffing my belongings into her backpack). Other "special" students cursed, fought, jumped on the tables, and never paid any attention to authority. When sent to the office, the office usually sent them back to me.

So you know what I did? I moved on. I still tried to help everyone succeed -- but I focused most of my efforts on kids who did NOT misbehave daily. As a result, I had the highest TAKS success rate in the District. Why? I was willing to leave a few children behind and concentrate on the ones who did care (or the ones who cared enough to not misbehave).

It might be advantageous to consider such things before accusing someone of bias.
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related links Posted by 253004 on May 22, 2008 at 9:36 p.m.

in response to 463854

I hear what you are saying and it is frustrating because discipline for the students is very limited to detention, ISS, Suspension, and in severe cases, SLGC or expulsion...although I do not know your friend. I cannot believe this ever happened...in the case that you are stating when a child punches a teacher...the principal cannot place the child back in the classroom without a committee making that decision and the removal is mandatory . The law is very clear and all principals know it...the teacher has the law on his/her side...

"The principal may not return the student to the class of the teacher
who removed the student without the teacher’s consent, unless the
placement review committee determines that such placement is
the best or only alternative available.
If the teacher removed the student from class because the student
engaged in the elements of an offense listed in Education Code
37.006(a)(2)(B) or 37.007(a)(2)(A) or (b)(2)(C) (assault, sexual assault, attempted murder) against the teacher, the student may not be returned to the teacher’s class without the teacher’s consent. The teacher may not be coerced to consent.
Education Code 37.002(c), (d)"
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related links Posted by 235951 on May 26, 2008 at 9:38 p.m.

in response to 463854

you MUST be talking about Carroll or Calallen
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related links Posted by 235951 on May 26, 2008 at 9:43 p.m.

in response to 711504

what a story!!! i wish ccisd would allow you to talk to these kids who do not pass the taks tests!! may God bless you and your family!!
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related links Posted by 425944 on May 26, 2008 at 11:02 p.m.

in response to 235951

Calallen will throw your butt out the minute you touch a teacher.

Much less cuss them out or make terrorist threats. Sounds like a little jealousy here.