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IDAHO LEGAL AID SERVICES Nampa Office: 212 12% Ave. Road, Nampa, Idaho 83686-5013 | Phone: 208.297.6986 | Fax: 208.454.2593 | www.idaholegalaid.org Mawacy Edeston Ry tantstion January 27, 2021 United States Department of Education Office for Civil Rights Lyndon Baines Johnson Department of Education Building 400 Maryland Avenue, SW Washington, DC 20202-1100 Via Email: OCR@ed.gov Re: Wilder School District, Wilder, Idaho Office for Civil Rights: El C.D., J.D., and J.C,, four residents of the Wilder School District (“WSD") in Wilder, Idaho submit this complaint against the WSD. The Complainants seek to remain anonymous. The Complainants have formed an advocacy group on behalf of students and parents in the WSD who believe the WSD has violated the civil and educational rights of those students and parents. Complainants file this Complaint on behalf of all English Language Learner (“ELL”) students and their parents, and all disabled students and their parents in the WSD. L tRODUCTION The Complainants allege that the WSD has discriminated against the ELL students and their parents on the basis of national origin and have engaged in discriminatory practices, violating its obligations under Title V1 of the Civil Rights Act of 1964 (“Title VI") and its implementing regulations, 42 U.S.C. § 2000d, 34 CFR Part 100, and 28 C.F.R. § 42.104(b)(2); the Equal Educational Opportunities Act of 1974 (“EEOA”), 20 U.S.C. § 1703(f); and the English Language Acquisition, Language Enhancement, and Academic Achievement Act, Title IIL, Part A of the Elementary and Secondary Education Act of 1965, as amended (“Title III of the ESEA”), 20 U.S.C. § 6801 et seq. ‘Complaint Against the Wilder, Idaho School District, Page 1 ‘The Complainants allege that the WSD has discriminated against students with disabilities and their parents, violating its obligations under the Individuals with Disabilities Education Act (“IDEA”) and its implementing regulations, 20 U.S.C. § 1400 et seg. and 34 CFR. Part 300; Section 504 of the Rehabilitation Act (“Section 504”) and its implementing regulations, 29 U.S.C. § 794 and 34 C.F.R. Part 104; and Title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12131 et seg. Il. STATEM! OF JURISDICTIO: The WSD receives federal financial assistance under various federal programs and is, therefore subject to the anti- discrimination provisions of Title VI, the EEOA, Title III of the ESEA, Section 504 and the ADA. The WSD began receiving ESEA Title IIT funding in 2018. ‘The WSD receives federal financial assistance to provide special education services to eligible students and is therefore required to comply with the requirements of the IDEA. ‘The Complainants have not filed a lawsuit raising these claims in state or federal court. ‘This Complaint has not been investigated by another federal, state, or local civil rights ageney, through any of the WSD’s intemal grievance procedures, or through an administrative complaint with the Idaho State Department of Education. The WSD is considered a “program or activity” under federal law. Congress passed the vil Rights Restoration Act of 1987 and specifically included local educational agencies as a program or activity, any part of which is deemed to have received federal assistance. See 42 US.C. § 2000d-4a(2). ‘The WSD policies and practices in violation of the various applicable laws, as described in the Compla t least the 2017-2018 school year and are ongoing to t, have been in place sinc the present day. II, THE COMPLAINANTS E.G. is a resident of the WSD and a parent of two former students in the WSD who recently graduated. She helped form an advocacy group on behalf of students and parents in the Complaint Against the Wilder, Idaho School District, Page 2 WSD who believe the WSD has violated the civil and educational rights of those students and parents. C.D. is a resident of the WSD and a parent of two former students in the WSD who recently graduated. She helped form an advocacy group on behalf of students and parents in the WSD who believe the WSD has violated the civil and educational rights of those students and parents, LD. is a resident of the WSD. She helped form an advocacy group on behalf of students and parents in the WSD who believe the WSD has violated the civil and educational rights of those students and parents. J.C. is a resident of the WSD and a current student at Wilder High School. He is part of an advocacy group formed on behalf of students and parents in the WSD who believe the WSD has violated the civil and educational rights of those students and parents. IV. FACTUAL BACKGROUND During the 2016-17 school year, a group of WSD parents, students and residents formed an advocacy group on behalf of students and parents in the WSD who believed the WSD was violating the civil and educational rights of those students and parents. See Declaration of C.D. (C.D. Dec.”) and Declaration of E.G. (“E.G.” Dec.). The Complainants are part of this group. The group’s concerns centered around the WSD’s implementation of the “Personalized Leaming” program, which created significant obstacles to learning for many of the students in the WSD, and in particular, the ELL students and students with disabilities. See C.D. Dec., E.G. Dec., and Declaration of C.H. (“C.H. Dec.”). Since at least the 2017-2018 school year, the WSD has been providing no meaningful ELL instruction to the ELL students in the WSD. See CH. Dec. In the fall of 2018, the WSD, recognizing that it was in violation of the legal requirements to provide ELL instruction, began to implement a program for all grade levels called “Imagine Learning” to make it appear to the Idaho State Board of Education and federal funders that it was actually providing ELL instruction to the ELL students, See C.H. Dee. The “Imagine Learning” program consists entirely of a literacy app designed for grades K through six. It does not contain any of the essential elements of an ELL program. For example, there are no speaking, listening, or writing Complaint Against the Wilder, Idaho School District, Page 3 components to the literacy app. See C.H. Dec. There is no educational theory recognized by experts in the field behind using a K through sixth grade literacy app as the sole means of providing language assistance to ELL students, The WSD continues to use this “Imagine Learning” program as its sole means of ELL instruction. See C.H. Dec. The WSD has no written policy for its ELL program. No such policy is listed among the numerous policies, covering all aspects of education, which can be found on the WSD website at hitns://wilderschools.org/policy-manual. On March 3, 2020, counsel for Complainants requested information from the WSD regarding the ELL program and several other areas of concern of the Complainants. The WSD refused to provide any such information without payment of an initial fee of $478.68 for its alleged costs in providing that information. Complainants believe the WSD put up this roadblock in order to avoid having to disclose that it has no written ELL policy. Since at least the 2017-2018 school year, the WSD has failed to create or implement a policy to properly identify and assess all potential ELL students in the WSD in a timely, valid and reliable manner. See C.H. Dee, The WSD has entered students into its ELL program primarily based on the students’ surnames and on surveys sent home to the parents, The WSD has failed to test potential ELL students to assess their need for ELL Services. See C.H. Dec. Since at least the 2017-2018 school year, the WSD has failed to sufficiently staff and support a language assistance program for the ELL students. It lacks certified ELL staff dedicated to the coordination of the program and the instruction of the ELL students at all grade levels. See CH. Dec. It has directed non-ELL cettified teachers to monitor the progress of the ELL students and a library aid without a teacher's certificate or any advanced degree to coordinate the ELL program for the WSD. The only individualized assistance it has provided to ELL students in the middle school and high school has been through teacher's aides with no training in ELL education, The WSD has failed to provide any professional development program to train its teachers to provide language instruction to the ELL students. See C.H. Dee. Since at least the 2017-18 school year, the WSD has failed to monitor the progress of the ELL students to determine whether the students are overcoming their language barriers within a reasonable time period and are acquiring grade level core content. The WSD has no process for ‘ent in English, The WSD has exiting ELL students from the ELL program when they are pro! no process to monitor exited students to ensure they were not prematurely exited from the program and that any academic deficits incurred in the ELL program were remedied. The only Complaint Against the Wilder, Idaho School District, Page 4 effort the WSD has made to monitor the progress of the ELL students has been to track the amount of time the students spend on the “Imagine Learning” literacy app. See C.H. Dee. Since at least the 2017-2018 school year, the WSD has failed to ensure that ELL students with disabilities under the IDEA or Section 504 are evaluated in a timely and appropriate manner for special education and disability related services and that their language needs are considered in evaluations and delivery of services. The WSD has mixed special education and ELL students into one big class for ELL students and has provided no individualized instruction for either group of students. Some of those students were identified as both ELL and special education, bbut were treated the same as all students in that group. Regardless of the individual needs of those students, they were all required to work on the “Imagine Learning” literacy app on their iPads as the sole means of instruction, See CH. Dec. Since at least the 2017-2018 school year, the WSD has had no policy or procedure to ‘ensure meaningful communication with limited English proficient (“LEP”) parents. The WSD has pressured teachers not to communicate with LEP parents when they have raised questions or concerns about the ELL program, and WSD administrative staff have failed to respond to LEP parents when they have raised questions or concerns. Even worse, the WSD has retaliated against LEP parents, and English speaking parents, who have raised questions or concems about the ELL program and the “Personalized Learning” program on the iPads. See C.H. Dec., C.D. Dec., and E.G. Dec. ce at least the 2017-2018 school year, the WSD has failed to provide the services required under the IDEA, Section 504 and the ADA to the students with disabilities in the WSD. Since at least that time, the WSD has combined all the severely disabled special education students from grades five through twelve into one segregated class of only special education students. Those students have had no interaction with other students, and were not even allowed {o eat lunch with the other students. See E.G. Dec. At one point in 2019, some of the special idle and high education students were mixed in with the ELL students in the ELL class for the n school students, even though they were not ELL students, See E.G. Dec, and C.H. Dee. The WSD has been providing no specialized intervention for the students with disabilities. No specialized curriculum has been devised for these students. Time spent by students in the group special education class has been counted as individualized intervention, ike all other students in the WSD, the even though no such intervention was being done, Complaint Against the Wilder, Idaho School District, Page 5 special education students have been given iPads to learn on, even though this is not educationally appropriate for them. Many of the more severely disabled students are only able to use the iPads like toys to play simple games on. For the students who are not as severely disabled, they are also unable to teach themselves on the iPads. ‘They require individualized assistance to learn, but that assistance has not been provided by the WSD. See E.G. Dec. All of the problems described above are ongoing and continue to this day. The WSD has opposed all efforts by parents, students, teachers, and residents of the WSD to address and remedy these problems. See C.D. Dec., E.G. Dee., and C.H. Dec. V. REQUEST FOR RELIEF Complainants respectfully request that the U.S, Department of Education, Office for Civil Rights, accept jurisdiction over this Complaint and initiate an investigation over the allegations contained in this Complaint. Complainants request that the WSD be required to take action to adopt and implement policies and procedures that ensure that the WSD provides to the ELL. students and the students with disabilities the services that are required by federal law. These actions should include, at a minimum, the adoption and implementation of the followin 1. Comprehensive, individualized, and appropriate ELL instruction to the ELL students in the WSD; 2. A written policy governing all aspects of the ELL program; 3. An field; 4. A policy and procedure to properly identify and assess all potential ELL students in the . program that is supported by an educational theory recognized by experts in the WSD in a timely, valid and reliable manner; 5. A policy and procedure to ensure that the ELL, instruction is provided by certified ELL teachers and these teachers are provided sufficient administrative support to effectively administer the ELL program; 6. A policy and procedure to provide professional development to train its teachers to provide ELL instruction to the ELL students; Complaint Against the Wilder, Idaho School District, Page 6 7. A policy and procedure to monitor the progress of the ELL students to determine whether the students are overcoming their language barriers within a reasonable time period and are acquiring grade level core content; 8. A policy and procedure for exiting ELL students from the ELL program when they are proficient in English, and a procedure to monitor exited students to ensure they were not prematurely exited and that any academic deficits incurred in the ELL program were remedied; 9. A policy and procedure to ensure that ELL students with disabilities under the IDEA or Section 504 are evaluated in a timely and appropriate manner for special education and disability related services and that their language needs are considered in evaluations and delivery of services; 10. A policy and procedure to ensure meaningful communication with LEP parents; and 11. A policy and procedure to ensure the provision of the services required under the IDEA, Section 504, and the ADA to the students with disabilities in the WSD. ‘Thank you for your attention to this Complaint. Please do not hesitate to contact us if you should have any questions or need additional information. We can arrange for you to talk with WSD parents, students, teachers, and residents who can provide you with mote specific information about the issues described in this Complaint, a Respectfully submitted on this_ 27 day of January, 2021 /s! Martin Hendrick Erik Johnson, ISB # 4704 Martin Hendrickson, ISB # $876 Attorney at Law Attorney at Law Idaho Legal Aid Services, Inc. Idaho Legal Aid Services, Inc. crikjohnson@idaholegalaid.org _martinhendrickson@jdaholegalaid.org 212 12" Avenue Road 1447 South Tyrell Lane Nampa, Idaho 83686 Boise, ID 83706 (208) 297-6986 (tel.) (208) 807-2496 (tel.) (208) 454-2593 (fax) (208) 342-2561 (fax) Complaint Against the Wilder, Idaho School District, Page 7 Erik 8. Johnson, ISB # 4704 Idaho Legal Aid Services, Inc. 212 12 Avenue Road Nampa, Idaho 83686 Phone: (208) 454-2591, Ext, 404 Fax: (208) 454-2593 Email: erikjohnson@idaholegalaid.org Marin Hendrickson, ISB # 5876 Idaho Legal Aid Services 1447 South Tyrell Lane Boise, ID 83706 Phone: (208) 807-2496 Email: martinhendrickson@idaholegalaid.org Attomeys for Complainants BEFORE THE U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS ED. .D., J.D., and E.C., Complainants, DECLARATION OF v. WILDER SCHOOL DISTRICT Respondent, 1, CQ OMMED. uncer penalty of perjury, do hereby declare: 1, Lam a resident of the City of Wilder and the Wilder School District (“WSD”). 2. My two sons began attendance at the WSD on August 19, 2015. My older son graduated from Wilder High School (“WHS”) in May of 2019, 3. My younger son transferred from WHS to COSSA Academy in February 2019, COSSA stands for the Canyon Owyhee School Service Agency. It is a career and technical school serving a consortium of school districts in Canyon and Owyhee Counties, including the Wilder School District. My younger son graduated from COSSA Academy in May of 2020. Declaration of (QD OGM Page 1 4, In December 2015, the WSD began using iPad tablets for instruction in the schools. At the beginning, the iPads were used to supplement the learning process. 5. In the fall of 2016, at the beginning of the school year, the WSD began a new program called “Personalized Learning.” It was referred to also as the “Mastery” program. The program used the iPads as the sole means of instruction for all students from grades K through twelve. The students were directed to teach themselves on the iPads. ‘The teachers no longer taught classes. The implementation of the program was directed by Dr. Jeff Dillon, the WSD Superintendent and the WHS Principal. 6, From the very beginning, most of the students in the WSD faced great difficulties in learning through this method. English Language Learner (“ELL”) students and students with learning disabilities especially found it difficult or impossible to learn via the iPads, ‘They were not capable of using the iPads to teach themselves without having meaningful assistance from the teachers, 7. A great number of concerned parents and students raised their concerns to the WSD, ‘Numerous parents, including myself, tried to advocate on behalf of our children to address the problems the students were having trying to teach themselves on the iPads. 8. We were concerned that a great many of the students were not capable of teaching themselves independently via the iPads without substantial, individual assistance from the teachers. The WSD administration strongly discouraged the teachers from providing such substantial, individual assistance. 9. There were substantial logistical problems with the students progressing with their work through the iPads as they could only access lessons and testing when the teachers made them available to the students. A student could wait a week or longer to be allowed access to a test he or she needed to take in order to progress through the program. 10. The WSD charged a $50.00 per student insurance fee for students to bring the iPads home, which many of the low-income parents could not afford. This put the lower income students at a disadvantage to the students whose families could afford the insurance fee. 11. The WSD promoted its Personalized Learning program with the media. When television crews came to do stories, Dr. Dillon sent the crews to two classrooms at the Wilder Elementary School where he knew he could count on the teachers Declaration of QRD DMGEDP axe 2 to talk favorably about the program. The students were handpicked for the interviews, and even coached on what they were supposed to say. 12, The reality was that many students were falling behind, were failing classes, and were in danger of not graduating due to the problems with the program, 13, Large numbers of students transferred out of the WSD to nearby school Homedale, Parma and Notus, to the point where those school districts stopped taking student transfers ffom the WSD, Some families even moved their residences to get out of the WSD and into another school distict. 14, Several parents weretold by the WSD administration that the teachers were not ricts in supposed to be teaching the students individually. They were only supposed to “mentor” the students on how to teach themselves on the iPads. The teachers that raised objections or tried to teach the students with an individualized approach were told by the WSD administration that they would be looking for jobs elsewhere, 15. A great number of students suffered from mental health problems due to the implementation of the Personalized Leaming program, as they were not able to keep up and were extremely stressed by falling behind and not being able to get individualized help to keep up. 16. The WSD used a disciplinary system based on whether students were caught up on the Personalized Learning program or not. The system was called the “Freedom Level” program. See the attached “WHS Student Freedom Level Application.” It had three levels based on whether the student was entirely caught up, mostly caught up, or behind. ‘The students at Level 3, the highest level, were allowed many privileges, including the privilege of coming to school late and leaving early, and doing their work outside the classroom if they chose. This applied to students at both the WHS and the Wilder Middle School. 17, Students at Level 1, the lowest level, were greatly restricted, Unlike Level 3 students, they were not allowed to have cell phones or listen to music, and were required to be in their assigned classes at all times. ‘They were not even allowed to use the restrooms without approval from their teacher. 18. The WSD enforced this system by giving the students different colored lanyards that Declaration of C@BOGM. Pace 3 they were required to wear, which indicated their “Freedom Level.” This stigmatized the students who were behind in the Personalized Leaming program, and caused some students in the lower fieedom levels to be mistreated by other students. This caused ‘many of the students who were behind on the Personalized Learning program to have ‘mental health problems, The program also violated these students” privacy rights Eventually the WSD changed the lanyards to bracelets, but as anyone could still see the color of the bracelet, the problems did not goaway. 19. The WSD administration was not interested in listening to our concerns. Dr. Dillon was completely resistant to any criticism of the Personalized Learning program. Parents, students, and patrons who did not share his "vision," as he often called it, were blocked from bringing their concerns to the WSD Board of Trustees (“School Board”). 20. If someone wanted to make a request to be placed on the School Board meeting agenda, Dr, Dillon had to approve it in advance, ‘There was no existing WSD policy on this. Dr. Dillon did this so he could filter out who could and could not talk to the School Board. 21. Dr. Dillon publicly labeled concerned parents, students, and patrons as “troublemakers” and threatened to punish parents, patrons, and students that spoke out. 22, After the Personalized Learning program was started, the WSD went from a five star school district in 2015, according to the State Department of Education ratings, to a one star school district by 2018. ‘That is it went from the highest rating to the lowest rating in three years. 23. A group of parents, including myself, attempted on numerous occasions to get past Dr. Dillon and raise our concerns to the School Board. The School Board made it very difficult for us to get on their agenda. We were required to submit what we wanted to say in advance and in writing. 24, We were eventually able to secure a spot on the agenda for the September 10, 2018 ‘School Board meeting after I emailed the parents’ concems to each board member individually, Before I began my presentation, the School Board called for an executive session, and spoke with me alone in a separate room. Because the parents’ concerns Declaration of ae. Page 4 included concerns about Dr. Dillon, the School Board decided that these concems could not be presented to all of the people present at the public meeting, 25, Among the many concerns raised by our parent group, we specifically raised the issue of how the iPads were being used for instruction, In our written statement to the School Board we stated: “The way the Mastery, Project Based, Personalized Learning is being utilizedis not designed to encourage student mastery. Rather it is designed to push students through curriculum as quickly as possible and replace teachers within the classroom. The online platform requires teachers to open access to portions of the curriculum. This is not being done in a timely manner that would allow students to learn at their own pace, Many students are waiting hours, days, even weeks before their tests are unlocked. Teachers have been harassed and punished for offering students the option to learn through traditional teaching methods; even at the request of students and parents. The community feels Mr. Jeff Dillon, while very concerned with the graduation rate, is not concerned that our students are graduating far behind their peers from other districts.” 26. We also raised the issue of Dr. Dillon retaliating against students, parents, patrons ot teachers who raised concems about the Personalized Learning program. In our written statement to the School Board we stated: “There are no consistent disciplinary procedures that apply to each student equally. Students often receive punitive Punishment to either teach them or their parents fo remain quiet. Teachers’ jobs have been directly threatened should they speak out honestly about what is happening inside the school system. Moving the District office to the Middle/High School and having Mr. Jeff Dillon act as that building's Principal, in addition to District Superintendent, is seen by the community as a way to get the teachers in line. There is also a great concern that having Mr. Jeff Dillon fill both positions is a complete conflict of interest.” 27, Tn our written statement to the School Board, we further expressed our concerns about a lack of communication between the WSD administration and the parents and the matter of retaliation against people who made complaints. We wrote: “There is not an open and honest line of communication between the patrons of the Wilder School District and the Administration, Staff are often censored in being able to express themselves honestly to Declaration of Cy DQ. Pace 5 parents, Parents can spend hours at Parent/Teacher Conferences and leave with no clear knowledge of their student's progress. Many times teachers have been unable to give ed. This accurate data on student progress due to the grade tracking system being ut ‘means parents do not have access to complete, accurate, easy to understand student progress, Mr. Jeff Dillon has publicly labeled concerned parents and patrons as troublemakers who are spreading misinformation and has threatened to punish parents, patrons, and students who speak out.” 28. In our written statement to the School Board, we listed several ways the WSD could improve the implementation of the Personalized Leaming/Mastery program and allow for students, parents and teachers to have input into the process. We wrote: “A group consisting of parents and teachers could interview other schools that are utilizing the mastery program successfully, Put an action plan in place to make the necessary changes for Wilder to utilize the program successfully. Organize a monthly parent meeting where concerns, thoughts, and ideas can be openly shared with one or two staff! members present to answer questions, Create a suggestion box for students to share their thoughts and ideas anonymously on howto help them get the most out of their education. Create a way for staff to make suggestions and/or complaints anonymously with ideas on how to help them be better at their job.” 29. The School Board refused to discuss any of our ideas. They were fixated on our criticism of Dr. Dillon. One trustee angrily lectured me for about ten minutes about bringing our concerns to the School Board. 30. When we ran into this roadblock with the School Board, we began to look into the election process for the School Board, We found out there had not been a School Board election since 2005, Whenever there was a vacaney, the School Board handpicked a Supporter of theirs to fill the vacancy, ‘The School Board did nothing to inform the WSD community about the process to become a candidate for the School Board, so when a Trustee's term ended, no one would file to become a candidate. No election would be held and the Trustee would be given a new term, In this manner the School Board was: able to ensure that no one with any opposing views ever became a Trustee, 31. The WSD Policy 201 .4B, “School Board Trustee Nominations,” requires that the WSD publish a notice of the filing deadline for a petition of nomination for each School Board Declaration of | c DEQ Pace 6 election. The notice must be published in the same newspaper as notices of Schoo! Board meetings are published. To the knowledge of our parent group, the WSD had not been Publishing such notices in the newspaper or making any other efforts to inform the community on how to file a petition of nomination. ‘The only “public” notice regarding the elections process was made through the posting of the School Board agenda, with the élections as an agenda item, on the community bulletin board at the City Hall. 32. Our parent group made a complaint to the Idaho State Department of Education in 2018 about all the concerns we had raised with the WSD, but the Department of Education did not do anything to investigate, At the time, the State Superintendent of Education, Sherri ‘Ybarra, was running for re-election, and Dr. Dillon was running against her in the Republican primary. Ms. Ybarra told us that this created a conflict of interest and she referred our complaint back to the WSD School Board. 33. Dr, Dillon then used information he learned from our complaint to retaliate against the parents who had complained by treating them and their children badly. Blementary students had their recess taken away. Middle and high school students had privileges revoked. Dr. Dillon called parents into his office, closed the door, and berated them for ‘making the complaints to the point where some of the parents left his office in tears, Dr, Dillon threatened expulsion of students and deportation of immigrant parents. 34. One of my sons was unable to keep up in his classes when the WSD began using the Personalized Leaning program, He was unable to independently teach himself using the program due to his learning style, and his grades became worse, He learns and obtains information from hands-on leaming as opposed to visual learning. I asked that he be given paper/pencil assignments coupled with teacher instruction, but my request was refused. 35. When our parent group was unable to convince the WSD to change the program to allow teachers to provide individualized tance to the students who needed help, I tried to transfer my son to another school district in January of 2019. In addition, another student had directly threatened his life and the WSD failed to take proper steps to protect him. Certain teachers at WHS were blocking him from completing his classes by erasing his grades on the computer grading system and refusing to unlock tests for him on the iPad. T believe my son was targeted for this treatment to retaliate against me for raising the Declaration of COPA ace 7 37. Dr. Dillon was required to sign off om the form to transfer my son to COSSA. Even though the real reason for the transfer was my son’s inability to keep up using the Personalized Learning program, Dr, Dillon checked the box that my son was transferring due to behavioral problems. That was untrue. My son did not have any behavioral issues while he was enrolied in the WSD. 38. By the end of the 2018-2019 school year, a great number of veteran teachers had left the WSD due to their frustrations with the Personalized Learning program, or were forced out by Dr, Dillon for raising objections to the program, Many were replaced by teachers Who were not credentialed to teach the subjects they were teaching, By 2019, 70% of the teachers in the WSD were not credentialed to teach the subjects they were teaching, ‘There were even some teachers who did not have their teacher's certificates yet, 39. Iremain connected with many parents and students in the WSD and I continue to advocate on their behalf, These parents and students continue to raise the same concerns that Ihave described in this Declaration, None of these problems have been addressed or remedied by the WSD to this day. Dated thise2aday of LezeaaA ys fad Declaration of Cg D gal Page 8 WILDER NIGH SCHOOL SGUDENG FREEDOM LEVEL APPLICAGION scuvens no GRADE®. CURRENG LEVEL: 1 2 3 LEVEL APPLUING FOR: 2 3 GEACHER NPUG e& EVALUAGION Application must be signed by all teachers on the student's schedule in order to be considered for advancement, CLASS ‘GEACHER GEACHER COMMENSS: | SIGNAGURE I bave reviewed the application with the scudent and I am recommending their advancement to the next level of student freedom Advisor Signature Student Signature PLEASE COMPLEGE BOSH SIDES OF GHE APPLICAGIONI WHAG GHIS MEANS: c Toads I Tol Taal Oni nes aveend school for [Tate near or early out GERAD WED | use aeeend asses aRORANG eS hours perday with Pareneal | Pareneal permission daly schedule permission Reeendclassesonregular schedule | usc be n assigned classes at Canwerkin any chosen speciietimes environmen under supervision | Check-in only with classes chae froma adule snudencis abeadin Mo muste usie Allowed usie wish permission eo elt phones Cettphoneacscroot oclt phones Resigned mentoring from Levels seudene Oper campus wich Pareneal peslsion PARENGAL PERMISSION & Consens Thave reviewed and underseand the levels of freedom granced-to my scudent by Wilder High Schooland give my permission for my student to improve their level of freedom within Wilder Righ School Talso understand thar a student's promotion in their levelof freedom is not permanencand can be revoked at anytime ac che discretion of Wilder High School, rs Parent Name Parent Signacure —_— StudentName Student Signacure J Weave reviewed this application and recommend this scucent for promotion in cheir current level of freedom, fo Scudene Council Representative Principal Erik $. Johnson, ISB # 4704 Idaho Legal Aid Services, Inc, 212 12 Avenue Road Nampa, Idaho 83686 Phone: (208) 454-2591, Ext. 404 Fax: (208) 454-2593 Enaail: erikjohnson@idaholegalaid.org Marin Hendrickson, ISB #5876 Idaho Legal Aid Services, Inc. 1447 South Tyrell Lane Boise, ID 83706 Phone: (208) 807-2496 Email: martinhendrickson@idaholegalaid.org Attorneys for Complainants BEFORE THE U.S. DEPARTMENT OF EDUCATION OFFICE FOR CIVIL RIGHTS. E.D.,C.D., J.D. and E.C, DECLARATION OF CA Hl Complainants, v. WILDER SCHOOL DISTRICT Respondents. 1, CQ HIM. under penalty of perjury, do hereby declare: 1. [taught at Wilder High School (“WHS”) from August 2015 to May 2019, for four school years. 2. Lam bilingual in English and Spanish. 1 was certified to teach social studies and Spanish. I was not certified to teach English Language Leamer (“ELL”) students, 3. In November of 2018, Dr. Jeff Dillon, the WHS Principal and the Wilder School District CWSD”) Superintendent, told me I would be the “supervisor” for the ELL students at WHS. 4. Iwas aware at the time that the WSD had been providing little or no ELL instruction to ELL students in the district for over a year. Declaration of (QQ HQERD Page 1 5. Inthe 2017-2018 school year, some ELL testing was done at the beginning of the year, and a dozen or so students at WHS and Wilder Middle School (“WMS”) were identified as requiring ELL services, Some students were identified as ELL based solely on language surveys that the WSD sent home to parents. In some eases, where the parents answered that they spoke Spanish at home, their child was designated as ELL, even though the students spoke English well, 6. Inthe fall of 2017, FQ) CfiGwas introduced as the new Wilder Elementary School (WES”)/ WMS physical education (“PE”) teacher and District ELL teacher. She spent her mornings as the WES PE teacher and her afternoons as the WMS PE teacher, She was allotted little or no time for ELL instruction. 7. At the beginning of the second semester in the 2017-2018 school year, the WHS and WMS staff were told that the ELL students were not receiving the legally required services. As a result, HQPL QPP. « classroom aide, would take on some of the WES and WMS PE duties. He was not qualified nor certified to teach at any level. 8. Ms, GIMP then began providing some ELL instruction at the WHS and WMS. However, at some point later in the second semester, she was placed on leave, and any ELL services she was providing ceased. 9. Ms, == was not offered a coniract for the 2018-2019 school year. The WSD did not post an intemal or external job opening for the District ELL position. Mr. 143, the classtoom aide, was retained to perform the duties of the WES PE and Tech instructor and the WMS PE instructor. 10. At the beginning of the 2018-2019 school year, no ELL services were provided to BLL students by a qualified teacher in the WSD. No testing was done to see which students required ELL services. The ELL students at WES were pulled from classes to “speak English” with Mr, LJ during the week. 11, For the ELL students at WHS and WMS, staff were insttucted by Dr. Dillon to pair ELL students with bilingual students, and to instruct those students to “tutor” the ELL students. A classtoom aide from WMS, JQ HGB. who spoke Spanish, was charged with “mentoring” students in need of ELL services. 12. In late October and early November of 2018, WSD staff began receiving emails from Dr. Tom Farley (the WSD Federal Funds Advisor), LQ@D RET (2 WES teacher), and Mr. Dillon falsely asserting that the WSD was providing adequate ELL services that met state and federal requirements. 13. Staff were notified that Ms. RQMB wes appointed as the District BLL Liaison, and that she had provided sufficient BLL training to WES, WMS, and WHS staff during our professional development meetings. However, in the fall of 2018 Ms. QI had not provided staff any ‘taining, nor had even been present, at any professional development meetings at the WHS/ WMS building, Nor did she provide any training later in the 2018-2019 school year. Declaration of QB H@MBB Page 2 14, Also in late October and early November of 2018, numerous WHS and WMS students were called to the WHS office for “ELL placement testing” under the supervision of Mr. the classroom aide, The only thing these students had in common were their Latino surnames. There was no policy or protocol on how to identify the students who needed to be in the ELL program. Students who had never received ELL services were tested for unknown reasons, There were also numerous students, for whom English is a second Janguage, that were never tested. Several students who were not ELL were identified as ELL. Some of the ELL students spoke only English. They did not speak a word of Spanish. 15. In November 2018, Dr. Dillon told me I would be supervising the work of the ELL students at WHS and WMS, The supervising would consist of sitting with the ELL students one time per week for forty minutes in the WHS libraty. I was supposed to ensure that they worked on a literacy app on their iPads while they were in the library 16. In the late fall of 2018, I asked on numerous occasions for access to the ELL test and the test results and was ignored, When 1 asked students about the test, the students described the test as being aimed at determining whether they were good at reading English and understanding English grammar, rather than a comprehensive ELL placement test, There were no speaking, listening or writing components to the test. 17. One WHS student, who later became a class valedictorian, was improperly designated as BLL. He/she was required to spend time on a literacy app on the iPad, which was designed for pre-K to 6" grade students, He/she was insulted when he/she was told he/she had to do it, His/her English proficiency was excellent, He/she had been designated as an ELL student at another school district many years earlier and had tested out of that district's ELL program. The WSD designated hitn/her as ELL based solely on the designation from the prior school district many years earlier. The WSD did not assess him/her for his/her English proficiency when he/she came to the WSD several years earlier, 18, Starting in the late fall of 2018, the students identified as ELL at WHS and WMS were pulled from their classes two or three times per week for twenty minutes of “ELL intervention.” Mr, LQ the classroom aide, was assigned to supervise those students for this “ELL intervention.” No direct ELL instruction was offered or provided to these students by a WSD teacher, let alone a certified ELL teacher. 19. The WHS and WMS students were not given an actual ELL program to work with. Instead they were given a literacy app called “Imagine Learning” designed for pre-K to 6" grade students to improve reading skills. ‘The app can be found at imaginelearning.com, The app isnot connected in any way to ELL instruction. ‘The app was assigned to all ELL students in the WSD from kindergarten to 12" grade, The ELL students were told to work with this app on the iPads provided to them by the WSD. 20. There was no speaking or listening component to the literacy app. ‘There was no “out loud” work done with this program. It was strictly read and click. Students did not have and did not need headphones to work on the literacy app. The only real assistance students received with speaking or listening skills were from non-ELL certified classroom teachers or aides. Declaration of CGH QM Pace 3 The students were not provided any true ELL instruction or intervention by a certified ELL instructor. 21. There was no writing component to the literacy program. ‘The BLL students were given no assistance in learning how to write in English, For any writing the ELL students were required to do in their classes, such as English class for example, they were encouraged to utilize the google translate app whereby they would type their words in Spanish and the app would translate their writings into English. 22, Also in the late fall of 2018, WSD teachers were directed by Dr. Dillon, Dr. Farley, and Ms. RE provide three, twenty minute sessions during the week in ELL, None of the teachers at WHS or WMS were trained or certified as ELL teachers, They were expected to provide ELL instruetion and support while also providing their regular content area instruction. No training was provided to the teachers on how to do this. They were just given a directive to do it. 23. I kept dozens of emails from November of 2018 through May of 2019 which demonstrate ‘the complete failure by the WSD administration to provide appropriate ELL instruction and services to the ELL students, 24, On November 19, 2018 at 10:46 a.m,, Ms. R&¥@Psent an email to a group of WHS teachers entitled “ELL Program — Imagine Learning. (Attached as Email No. 1). ‘The email states: “Our district goal is that each ELL student is using Image Learning for a minimum of 20 minutes at least three times a week. Please continue to strive to help our ELL students to each this goal. I can email you a list of high school students if you like.” 25. Ms. RG@Pid nothing to train me for my role as ELL “supervisor”, or train WHS teachers on how to assist ELL students with ELL instruction, I saw her only once or twice in the five months I was the ELL “supervisor.” Her only role was to send emails to teachers regarding how many minutes each ELL student had spent on the iPad with the literacy app. She did hot provide me any instructions or direction on how to supervise the ELL students. 26. The only communication I received from Ms, R@jiregarding training for me and the other WHS teachers was an email she sent to us on Novernber 19, 2018 at 7:23 p.m., entitled BLL Program, (Attached as Email No. 2), ‘The email referred us to an ELL website and stated: “This website has strategies that can help with our ELL students, Take some time and read trough it and if you have questions please feel free to contact me. Go to teaching ELLs then select ELL strategies and best practices then classroom strategies and tools. Please let me know if this information is useful and how I can help you in any other way.” Basically, she told us to train ourselves 27. There was a second ELL teacher at WES, CQ HQMRB She did not provide any assistance or training to me or other WHS teachers on how to assist ELL students. We saw her even less often than we saw Ms. 28. On November 20, 2018, Dr. Farley sent an email entitled “BILL Services” to me and other WSD personnel that falsely implied that the WSD was actually providing ELL services to Declaration of QRH QIER Page 4 the ELL students, (Aached as Email No. 3). He wrote: “T want to make sure staffis aware that and L QB xe our ELL coordinators and are tasked with ensuring ALL BLL children are justly served to ensure their suecess, ‘This means they must inservice staff as to ELL needs, provide necessary PD, and serve the children with successful practices, Condemnation of their efforts is fruitless as they are doing their job, and admin will continue to support and drive them, It would behove [sic] us all to make sure our most needy (usally [sic] language encumbered) get the best services we can provide, That is what will grow our success as a school district.” At that point, no training had been provided by either Ms. Hg or Ms. RP and none was provided at any point later in the school year. 29. WSD did not have a written ELL policy, protocol, or instructor’s manual of any kind, After 1 was told to “supervise” the ELL students, I asked for a written policy, protocol, or instructor manual to guide me, but WSD provided me with nothing, 30. On November 27, 2018, Dr. Farley sent an email entitled “ELL Curriculum” to me and other WSD staff. (Attached as Email No. 4), He wrote: “As stated before, meeting the needs of our ELL students, based opn [sic] the data we have for them and our two BLL coordinators, is a requirement WE WILL MEET. Federal requirements require that we use a research based proven curriculum, Imagine learning is the curriculum and program we WILL use. Please follow our coordinators lead on meeting the ELL student needs.” This is the only guidance we were given, “Imagine leaning” is not an BLL program. It is a literacy app designed for pre-K to 6" grade students, 31, On December 11, 2018, Ms. R&jsent an email to & group of WHS/WMS teachers entitled “Imagine learning.” (Attached as Email No. 5). She wrote: “I am in the process of creating you each a teacher account for Imagine Learning. This way you can track each of your students and their progress and usage. ... Please begin to monitor them daily.” The clear intent of this email was to put the responsibility for monitoring the progress of ELL students on the regular classroom teachers, 32. On December 13, 2018 at 10:27 a.m., Ms. R@YPsent an email to a group of WHS teachers entitled “non active students.” (Attached as Email No. 6, Student names redacted), She rote: “Below is a list of inactive students, ‘They have had zero usage in the past 4 weeks Please be sure they are getting theit 40 minutes in each week. Ef@was there Wednesday and tried to help get students on. There are students who refuse to get‘on. This is not an option for our ELL students. If I need to come over during PD to show you how to access information I can ask Jeff for some time, Please let me know your thoughts.” “PD” means professional development, “Jeff” is Dr. Jeff Dillon, The clear intent of this email was to Push the regular classroom teachers to make the ELL students use the literacy app, 33. On December 13, 2018 at 10:54 am., Dr, Dillon replied to all on Ms, RAQUBPs email (Attached &s Email No.7. Student names redacted). He wrote: “Advisors ifone or more of theses [sic] students are in your advisory class, please add this to your list of goals to support students in their growth for ELL, Non-negotiable, they must have 40 minutes a week. Declaration of CQBHQIBR Page 5 thanks.” By this email, Dr. Dillon reinforced the message that the classtoom teachers were responsible for making the ELL students use the literacy app. ‘The email also shows that the Dz. Dillon, the WSD superintendent, was confirming Dr. Farley’s November 27, 2019 statement that the WSD “BLL program” was the literacy app. 34, On December 19, 2018, Ms. vn email to a group of WHS teachers entitled “Last week usage.” (Attached as Email No. 8. Student names redacted), She wrote: “Please look at last weeks usage. There are still too many students not accessing Imagine Learning, Please talk to and explain to the students the importance of doing their daily sessions, They only need 40 minutes per week, 8 minutes a day, Thank you for your help.” 35. On January 7, 2019, Dr. Dillon sent an email to me and Dr. Farley, entitled “ELL Class.” (Attached as Email Exchange No. 9. He wrote: “Tom and Oj With the increased numbers of ELL students at the middle and high school, it is time to begin the conversation about adding an ELL class for these students, Tom, let me know when you will be on campus next and we can work on a time to meet.” I responded to that email: “I’m not sure how [fit into that. I'm not ELL certified,” Dr. Dillon did not respond to my email 36. On January 8, 2019, Dr. Farley sent an email to me entitled “ELL Class.” (Attached as Email No. 10). He copied Dr. Dillon and Ms. R@jon the email. He wrote: “<@: would like to schedule a meeting of ELL folks next Tuesday or Wednesday to discuss setting up an ELL class to support the growing number of ELL students we have at the high school. We have an ELL certified person to oversee the class so now is a good time to think about responding to this great need. With your help we can do a lot of good. Would you let me know what time would be convenient for you to meet next week. Je{Fand [ you'll have to try ti [sie] fit into the time set as well. Thanks.” 37. On January 15, 2019, Dr. Farley organized an ELL meeting with the following persons present: Dr, Farley, Dr. Dillon, HQ) MQM. Ms Pand me. My notes from the meeting are attached as “ELL Meeting 1/15.” Ms, ‘was identified as the WMS/WHS ‘Testing Coordinator. Dr. Farley said Ms es responsible for supervision of the ELL. program, He said WSD needed to improve the job with the ELL students. He said WSD qualified for Title III money that year for the first time. 38, Dr, Dillon said that Ms. MQ was finding time to work on the program and was reading up on ELL, Ms. ‘was a library assistant who spoke English and MQ and had no educational background (o be a teacher or ELL instructor, She was hired as the “media specialist” and “testing coordinator” at WHS and WMS. She monitored students during standardized testing that didn’t take place in classrooms. 39. Dr. Dillon stated that HLS wanted to help. Mr. LGB was a classroom aide, Dr Dillon said that I was phenomenal with Spanish speaking students and that Mr. and I would work with the ELL students who needed the most support. He said the students ould be taken out of advisory class and given to another teacher, OG s He said that Imagine Learning is the state BLL program and we would be using that. He said Ms, ‘ould be supervising the program, Declaration of CQ) HID, Paze 6 40, Dr. Farley said the CFSGA needs to be improved, The CFSGA is the Consolidated Federal and State Grant Application. Ms, ROG said that the time period for the Wednesday advisory class would be the time for Imagine Learning, She said we would be providing the Imagine Learning Pre-K to 6" grade program for the WHS ELL students, 41, Tasked how the ELL students were being identified. Ms. M@JiJ@said she was in charge of the testing and explained how some students were identified as ELL. Mr. Dillon said WSD would do exit testing for any identified ELL student so that they could exit the ELL program. 42. Dr. Parley said that we were being audited by the feds on the ELL program and WSD needed to do something now. He said that Ms, MMP had administrative nocess to the Imagine Learning participation data, so she could monitor the students? participation. Dr. Farley said Ms. would be oversecing me, so I would just be acting as a para- professional. I understood this to mean that they did not believe [needed to be ELL certified to supervise the BLL students. 43. Dr. Dillon said that the Imagine Learning program was an invalid test for identifying ELL students and that it identified non-ELL students as ELL, I asked if we had an existing roster of WMS and WHS ELL students. My question was ignored. 44. Dr. Farley said that he wanted the Feds to leave us alone, and that WSD was able to move the audit back to the fall of 2019. 45. Ms. R@Bpasked if WSD was going to use the Imagine Learning program the next year as well. She asked if WSD could get something more age appropriate. Dr, Dillon said that Would require mote money. T asked if I would have any autonomy in trying to teach the ELL students, Mr, Dillon told me to use Imagine Learning for now. 46, Dr. Dillon seid WSD could use state money fo buy materials, Dr. Dillon said that he had {earned that Imagine Learning only has K through 6" grace material on it, after speaking with their guest that same day. T asked if this program was to be used for all of 6th through 12" grade ELL students, or just WHS students. Dr. Dillon said we needed to look at all the data and that it could be that it could be used at both levels, WMS and WHS. He said we ‘would start the program the next Tuesday, January 22, 2019. 47. Ms, MU sked where the 40 minute per week goal, which would be achieved during the advisory class period, came from, She said that Imagine Learning suggests 90 to 100 minutes per week, That question was not answered. Ms, M@BD also asked who checked the work of the students, Ms. R@@BPsaid they check themselves. She said Ms. MMP end 1 would check on their participation minutes. 48. At the end of January, 2019, T began supervising the “ELL class” once a week in the library. The ELL students were supposed to work on their own on the literacy app. Some students refused to do it because they were not ELL, My only instruction from the WSD ‘administration was to watch the students to make sure they were working on the literacy app Declaration of CQ) HBP Pace 7 on their iPads during the library sessions. When I raised questions about the ELL supervision duty, I was reprimanded verbally by Dr. Dillon. 49, was set up for failure with the supervision duty. I was supposed to monitor the students in the library and watch while they worked on the program, and also seatch the WHS end WMS buildings for ELL students who did not show up for the library session. The two Schools are adjacent to each other. My only “help” was from Ms. MMB the library assistant, who had no educational background to be a teacher or ELL instructor 50. Itried to assist the ELL students with the literacy app as best I could. ‘There were 53 students from grades six to twelve on the ELL list out of a total of about 120 total students combined at WHS and WMS. ‘There was very little I could do to meaningfully help this group of students with the literacy app in the forty minutes they spent in the library with me. 51. Most of the students in the “ELL class” actually spoke English very well, However, there ‘Were some who did not, and there were two students in the “ELL class” who were recent. immigrants to the country and spoke virtually no English, Their regular classroom teachers were told to “do their best” to teach them. In many cases, other bilingual students were required to provide English translation in classes for the students who spoke little or no English. The BLL students who spoke little or no English were completely unable to teach themselves English on the literacy app via the iPads, 52. Dr. Dillon never asked me to take any steps to get any training or certification for providing ELL instruction, He chose me to supervise the ELL students solely because I spoke Spanish. I was not offered or provided any additional compensation to supervise the ELL students, 53. No grades were required nor recorded for the “ELL class.” All the participation and lesson ‘completion information was collected digitally through the literacy app the students worked on with their iPads, There was no program to monitor the students’ progress in gaining English skills on the literacy app. The only thing the WSD monitored was how much time the students spent on the literacy app each week and whether they completed any lessons, There was no method or process for assessing the effectiveness of using the literacy app on the iPads for teaching ELL students. 54, Many staff, parents, and members of the community objected to the use of iPads as the primaty means to teach students in the WSD, and in particular, to teach ELL and special education students. ‘The WSD refused to listen to these objections, 55, On January 24, 2019, I eceived fiom Ms. R&jia list with the names of the WMS and WHS students who had been identified as ELL by the WSD. I knew many of the students and had questions about how the stuclents were identified as BLL. I kntew that many of the students on the list were not ELL. | sent the list to Ms, MJ via an email entitled “ELL” and asked for her thoughts on it. (Email and list attached as Email No. 11. Student names redacted) Declaration of (QQ QUEM. Page 8 56. On that same day, Ms, MM responded via email. (Attached as Email No. 12, Student name redacted). She wrote: “So... I worked through all these names with a lady from the State Department of Education a few months ago, Students like [name omitted] had fallen between the cracks, He was tested into the program in 2010 and should have received help this whole time! There are a whole bunch like him that would have probably tested out by how, under other circumstances. As itis, they will have the chance to test out in just a few weeks. Unfortunately, there are also students NOT in the program who should be, but it is all up to how the parents fill out the home language survey at the beginning of the school year. Next week, we need to have the students look at a test demo to make sure they are familiar with it before the big test. I will make sure they all have test tickets ready, Unfortunately, even ifa student was wrongfully enteted in the past, itis a whole process to exit them, and in the meantime, they are required to put in the work, as the school is audited on the data. If you want more info, I can look up the exact date, place and score when a student was entered as an ELL, and probably anything else you want to know.” 57. Ms, M@@could not have actually spoken about the students with the lady from the State Department of Education a few months prior, as she had only been hired by the WSD that January. Also, the list of students had just been compiled by the WSD. It appears she was {tying to meke it look like the WSD has implemented the ELL program a few months prior, When in fact, the WSD was just starting the program that January. 58. Ms. M@§implied that a home language survey had been sent out at the beginning of the school yeur. From my conversations with students and parents, it did not appear that the survey had actually been sent out. Ifit had been sent out, then the data was clearly ignored 4s 1 could tell from the list that they had misidentified many non-ELL students as BLL. Ms. email made clear that the WSD did not have an effective process to identify ELL students, monitor their progress, and exit them from the ELL program. 58. On February 2, 2019, I sent an email to Dr. Dillon, Dr, Parley, Ms. and Ms, entitled “ELL Meeting,” (Attached as Email Exchange No. 13). I wrote: “Is there a time we could meet again? I just have some questions.” On February 4, Dr. Dillon responded (Attached as Email Exchange No. 13). He wrote: “Go ahead and send us your questions. Thanks.” On February 5, 2019, I sent my questions to Dr, Dillon, Dr. Farley, Ms, r. and Ms. M@@ (Attached as Email Exchange No, 13). I wrote: “Those are questions | have had parents and stucents ask... 1. How were students identified as ELL? There are nearly a dozen that have indicated English is their first language. There are many others that have indicated that while Spanish was their first language, they have never received ELL services from Wilder or any previous school, 2. When were students tested? 3, Were parents notified of testing or placement? 4. Can parents/guardians have their students removed from ELL? If so, how? (This one is from me) 5. I’ve noticed some students are only English speakers, but are also SpEd. Are we providing ELL services or ELA intervention? (As these are two different things, it would help me properly direct our efforts with these students.)” ELA stands for English Language Acquisition. Declaration of QRHGED, Paze 9 60. It was clear to me that the WSD did not have a process to properly identify ELL students, ‘monitor their progress, and exit them from the ELL program. They were not involving Parents in their process. They were also mixing in special education students with the students identified as ELL. 61. On February 5, 2019, | sent an additional question to Dr, Dillon, Dr Farley, Ms. R@jpand Ms. in an email entitled “One More, Sorry.” (Attached as Email No. 14), Twrote: “Talso had a student ask why their sibling wasn’t doing this as well. Both indicated they don’t remember being tested, nor have they ever been in an ELL program,” 62. On February 5, 2019, Dr. Dillon responded to my first email about my questions in an email entitled “ELL Meeting,” (Attached as Email No. 15). He wrote; “I like that parents are reaching out, can you give me a list of parents so we can talk to them directly about the services? Thanks.” I did not provide a list of parents to Dr. Dillon because I knew that the parents feared retaliation against them and their children by Dr. Dillon. It was well known in the community that Dr. Dillon would retaliate against anyone who raised questions about how the WSD was being run. 63. On February 5, 2019, Dr. Dillon responded to my email entitled “One More, Sorry.” (Attached as Email No. 16), He wrote: “Please communicate with HQ sbout nis question. Thanks.” By this response, [ understood that he had delegated the ELL. testing program to Ms. MQ Ms. M@GWPwas a library aide, She was not a certified ELL instructor, nor did she have any education or training in ELL program management, 64. On February 5, 2019, Ms, MQ responded to Dr. Dillon on the questions I had sent Dr. Dillon in an email entitled “ELL Meeting,” (Attached as Email No, 17), She copied me, Dr. Farley and Ms. R&R She rote: “Ok, here are some short answers. 1. Students are identified through a standardized test, This test is administered based on how the parents/guardians fill out the home language survey (HLS) at the beginning of euch school year, or as the student transfers, If the student is new to our school or a'kkinder, this is where we look to see if they should be tested, The students have nothing to do with this part, and are probably not « reliable source of information. If they are based in an Idaho school the information is entered into she [sic] SDE"s database called ELMS. This is where the date and score can be found, as well as thei BLL status. I realize that the parents sometimes don’t understand what the HLS is for, and the answers are not always reflecting reality, but this is how it works right now, so this is how we do it, 2. See above, 3. Parents are supposed. to be notified of the results within 30 days of testing. I cannot speak for anything that happened belore I started, but I have done this, usually the same week. This is also a notice oftheir rights and our responsibilities, 4, The parents can refuse certain services, but they hhave no say in the stuclents’ designations as ELL students, nor can they refuse the 20 minutes a day of Imagine Learning, 5. Students who are both SPED and ELL are still supposed to do the ELL program, but with certain accommodations, if needed. This is ELL, not ELA intervention, and as I've said before, I think that if there are students who really should not be in the program, they will test out in a few weeks, If they don’t, that means they could benefit from this. There is a process to have their ELL designation removed, but Declaration of CH Q@EBD Pace 10 it is quite involved and we need to be able to prove that the students was [sic] entered wrongly in the first place. And... Siblings score differently on the test. One might learn English faster than the other.., Once again, we have found a number of students who probably have not received the instruction they were supposed to, so they might be right in that, That does not mean they weren’t entered as ELLs with the State Department of Education. [ hope this clears things up a little, and Lam happy to dig deeper if that is needed, or answer any additional questions. Kindly, HAJ MQM Testing Coordinator Wilder School District #133.” 65, Based on what the ELL students and their parents had been telling me, I knew that the WSD had not been doing any ELL testing until late fall of 2018. When I had asked students about the test, the students described the test as being aimed at determining whether they were good at rending English and understanding English grammar, rather than a comprehensive ELL placement test. There were no speaking, listening or writing components to the test, 65. Ms. MQM cid not answer my question as to why students, who spoke only English and were special education students, were mixed into the ELL class. I was never given any direction by the WSD administration as to what I was supposed to do with the special education students who were not ELL studeats. 67. There were some students in the ELL class who were identified as both ELL and special education. I was never given any direction by the WSD administration as to what I was ‘supposed to do with these students. I was not certified or trained in any way to teach special education students, 68, Ms, MMs answer about the students who did not belong in the ELL program was an admission that the WSD did not have a comprehensive ELL placement test in place, She relayed that the WSD solution for that was to proceed with the misidentifications, and then put the onus on the students to test out of the program at some later date, 69. As for students who had been identified in the past as ELL but were no longer identified as ELL, there was no process to monitor them to see if they had prematurely exited the ELL program, 70. On February 4, 2019, Ms sent an email to a group of WSD staff entitled “Imagine Learning — past 4 weeks data”, (Attached as Email No, 18. Student names redacted). ‘The email group included Dr. Dillon and Dr. Farley, Ms, wrote: “Below are screenshots of the high schools students. Please take notice of the inactive students on this list. ‘This is the data from the past 4 weeks, We have students who have not participated once on this progeam, What can we do to get these students active? A reminder that we are being audited by the state and we need to show that we have been providing our ELL’s services.” This email made clear to me that WSD administration was pressuring me and other teachers to pressure the ELL students to use the literacy app so that the WSD could mislead the state auditors into believing that the WSD was actually providing ELL services to the ELL students. Declaration of CR G@IBD Pace 11 71, On February 8, 2019, Ms. MQM responded to all on Ms. RAs February 4, 2019 emeil entitled “Imagine Learning past 4 weeks data.” (Attached as Bmail No. 19), She wrote “Teachers, Please remind your ELL students to work in Imagine Learning every day, Tell them Ms, M@@MBsays °20 minutes a day keeps the State Department away.’ [smiley face emoji inserted). Thank you.” This email also made clear to me that WSD administration was pressuring me and the other teachers to pressure the ELL students to use the literacy app so that the WSD could mislead the state auditors into believing that the WSD was actually providing ELL services to the ELL students, 72. On February 11, 2019, Dr. Farley responded to all on my February 2, 2019 email entitled “ELL Meeting.” (Attached as Email Exchange No. 20). He wrote: *Woulod [sic] tomorrow (12) work for you and others?” On February 11, 2019, Ms, RGB responded. (Attached as Email Exchange No. 20). She wrote: “Is there still a need to meet?” 73. On February 12, 2019 at 9:10 a.m.,, I responded all on Dr. Parley’s email entitled “ELL Meeting.” (Attached as Email No, 21). I wrote: “If can get some information for parents and students sent my way we won't need to. Do we have copies of the home language surveys? Do we have records/dates of when the students took the placement tést? I just want {0 be able to provide answers to questions wien they are asked. Thank you!” 74, On February 12, 2019 at 9:41 a.m., Ms, M@J) responded to all, (Attached as Email Exchange No, 22 and entitled “ELL Meeting”). She wrote: if you send me a list of names and what info you want for that specific student, I am able to get that. Iam in the middle of « pretty hectic testing schedule for the next few weeks, so it might take me a little longer. Make sure you CC Mr, Dillon, as he voiced his interest in knowing who asked and why. Kindly, HQ) M@MP’ | again understood this to mean that Dr, Dillon wanted the student and parent names of wito was asking questions about the ELL program because he intended to retaliate against them for raising concerns about the ELL program, 75. On February 12, 2019 at 9:55 a.m., Ms. MQ) responded again to all. (Attached as Email Exchange No, 22 and entitled “ELL Meeting”), She wrote: “Actually, It is probably better if you direct the concemed parties to talk to me directly, as I’m sure I can answer a lot of their questions better that way. If parents have concems or questions, it is always better to have a dialogue. Feel fiee to give them my email and/or phone number. If we need interpretation, [ will make sure to accommodate that, Kindly, Hi WD.” | understood this email to ‘mean that the WSD had made it clear to Ms. MQM that they did not want me to be talking to parents about the ELL program, Instead, Dr. Dillon intended to respond to the parents by retaliating against them once he received their names On February 12, 2019 at 10:01 a.m., Ms. RQ responded to all on Ms, MQM s emit. (Attached as Email Exchange No. 22 and entitled “BLL Meeting”). She wrote: “Thanks HQWB for your help.” I understood this to mean that Ms, RP vs part of the effort to keep me from speaking with the parents about the ELL program. 76. Declaration of CSG GRP 220 12 77. On February 12, 2019 at 10:04 am., Dr, Dillon responded to all on this email exchange. (Aittached as Email Exchange No, 22 and entitled “ELL Meeting”), He wrote: Thanks HBB tr your support. C@ please put your efforts to support student during the service time on Tuesday. Have all parent and/or student questions go to either H@@or Thanks.” T understood this to mean that Dr, Dillon did not want me talking to the students apd parents about their questions about the ELL program, He knew he could count on Ms. lion Ms, R@@Bt0 pass the names ofthe students and parents along to him, 30 that he could respond by retaliating against them. 78. On February 12, 2019 at 10:07 am,, I responded to all on Dr. Dillon’s email. (Attached as Email No. 23 and entitled “ELL Meeting”). I wrote: “I would love to service them, but I have no idea how they were placed in ELL, what any test scores were, what areas of Janguage they should be focusing on, etc. Am I just there to do test prep with them or to actually assist in language acquisition? I’m just looking for my role in this. ["ll do whatever is asked of'me. I just don’t know what is being asked...” 79, On February 12, 2019 at 10:12 a.m., Ms, M@jresponded to all on my email, (Attached as Email No. 24 and entitled “ELL Meeting”). She wrote: “A lot of that information is on SDEs pages which you have to request access to based on your role in the district. I don't think teachers are given that access. The home language survey is in the cume file of each student, so if you have that access, you can dig those out, for sure, As far as I understand it, wwe are there to support and help the students to just get their 20 minutes a day in on Imagine Learning, that’s all. LW is making sure they get the lessons and interventions they need - we just get to do the nagging! Kindly, Ha ew: By SDE, Ms. M@j#vas referring to the State Department of Education, 80. L understood this to mean that the WSD administration had no interest in me actually helping the BLL students with the ELL program. ‘The only service the WSD was providing to the students was providing the literacy app on the iPads, ‘There was no ELL instruction or intervention provided by Ms. RQ or any of the staff assigned to monitor the ELL students, 81. On February 12, 2019 at 9:23 a.m., Ms. sent an email to a group of WHS teachers and WSD administration entitled “Last week imagine learning usage.” (Attached as Email Exchange No. 25, Student names redacted). She wrote: “Below is last weeks usage. There ‘were 3 students who participated last week! Is there a reason for this?” 82. On February 13, 2019 at 11:20. n., Dr, Dillon responded to all on this email. (Attached as Email Exchange No. 25. Student names redacted). He wrote: “I’m not sure why there are so many students with 0%. Can you please provide insight, thanks.” 83. On February 13, 2019 at 11:13 a.m., Ms, M@@ replied to all on this email. (Attached as Email ExchangeNo. 25. Student names redacted, The discrepancy in the times the emails Were sent can be explained by variances in the clock settings on the emailers’ computers). Declaration of QQ QM, Page 13 She wrote: “This is a question for the teachers. Do the students have a designated time, other than Tuesday morning, to work on this? [sit just eft up to them to get it done? I try to remind them whenever I see them, but i’s important that they have the 20 minutes a day. Can we work together to give them that time? Kindly, 1 i 84. On February 13, 2019 at 12:19 pam., Dr. Dillon responded to ull on this email, (Attached as Email Exchange No. 25, Student names redacted), He wrote: “I would think that there would be some % if they are working on it Tuesdays mornings. I agree, lets work on additional pre-set times to get students access daily,” 85, On Februy 13, 2019 at 11:27 am., Ms, MQM responded to all on this email. (Attached ‘as Email Exchange No. 25. Student names redacted. The diserepancy in the times the emails were sent can be explained by variances in the clock settings on the emailers’ computers), She wrote: “Well, the first week they did no work, then we spent two weeks on the WIDA practice test and this week, a lot of kids never showed up. We HAVE to make sure they come to the Tuesday group. That is my chance to connect one-on-one and let them Know that we monitor this and they need to do the work, ‘We did talk about adding another moming. I can do Thursdays, as we discussed, if that helps the students. Kindy, 1g 86. On February 13, 2019 at 3:14 pm., Dr, Dillon responded to all on this email, (Attached as Email Exchange No. 25. Student names redacted). He wrote: “I [sic] looks like we really should consider another morning.” 87, This email exchange illustrates the WSD failure to provide any ELL assistance to the ELL students. Again, Imagine Learning is a literacy app, not an ELL program, Even so, the WSD did very litte to assist the ELL students with trying to learn English via the literacy ‘app. 88. On February 20, 2019 at 11:40 a.m., Ms. RJM sent an email to me, Dr. Dillon, Dr. Farley and Ms. M@qpentitied “ELL Meeting,” (Attached as Email No. 26 Student names redacted). She wrote: “Here is last week's data, We are still not getting to all the students,” The data was for the WHS ELL students and showed the very low participation rates for the students with the literacy app. Most ofthe students spent little ot no time on the app. 89, On February 20, 2019 at 11:45 am., Ms, REMBPent an email to me, De, Dillon, Dr. Farley, Ms. ‘and a group of WMS teachers entitled “Imagine Learning.” (Attached as Email No. 27, Student names redacted). She wrote: “Here is the data from last week. Keep up the great work. Continue working towards each student meeting their goal.” ‘The data was for the WMS ELL students and showed varying rates of participation amongst the WMS ELL students with the literacy app. Despite Ms, s positive message, the data showed that ‘most of the students had not completed any lessons on the literacy app. Declaration of OQ @MP Pace 14