According to an article in Sunday’s Record & Landmark, Iredell County will fund I-SS 29.2 million dollars for the upcoming school year. This is several million dollars less than what was requested by I-SS. I am including a copy of the I-SS request below. The article quotes I-SS Chief Financial Officer Melissa Wike as stating that for this fiscal year the district was given 104.8 million dollars from the state. Thus the county funds do make up a significant part of the overall school budget. It should be noted that I-SS has much flexibility in how it spends the county funds.
The Record & Landmark articles also quotes Brady Johnson as stating that I-SS will wait to see how the state budget pans out before making any concrete decision about going forth with I-SS's contingency plan. The contingency plan includes a 2 percent pay furlough for administrators for the second straight year; the elimination of 25 positions through attrition; making Student Resource Officer positions 10 months instead of 11 months; decreasing local supplements for classified and certified teachers by 2 percent; and reducing the central office budget by 19 percent.
You can use the link below to access the web version of the Record & Landmark article about the school budget.
District will wait on state budget
One item in the I-SS proposed county budget is $8,445,946.32 for Supplements, Longevity, and Annual Leave. Two percent of that amount is $168,918.93. That means that two percent of the teacher supplements would be less than 168.9 thousand dollars. Certainly I-SS can make cuts without taking away from teachers’ supplements. In the same proposed budget there is over 3.1 million dollars for Instructional Support. Does this include the funds for the IFs and the supporting cast at the ADR center? If so, there is certainly some money that could be cut in that budget.
I-SS Proposed County Budget
Isn't it interesting that the Central Office is $71,000plus higher that this past year yet instructional support and materials are down? Go figure.
ReplyDeleteHas anyone read the book written by Terry Holiday and Brenda Clark? They are both former employees of the ISS system. The book is titled "Running all the Red Lights". Go to amazon.com so you can read the excerpts from the text and learn of the incredible job that was done to turn around a mediocre school system in a semi-rural county. I just wonder if the book includes "good" data or "bad" data. I guess it is up to the reader. So reader, please beware!
ReplyDeleteYep. ISS, signed, sealed, and delivered. Who is getting kickbacks? They only came here to do case studies, win an award, and turn a buck. All at the expense of quality teachers and good students. What a crock!!!!!!!!!!!!
ReplyDeleteCarol McCrory from the previousand post has given her favorable review of the book by Holliday and Clarke. I wonder where she was from and whom she knew?
ReplyDeleteIsn't Carol McCrory "involved" with Brenda Clark?? Or is that someone else??
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ReplyDeleteQUESTIONS PRESENTED:
ReplyDeleteUnder North Carolina law, the elements for a cause of action under defamation are (1) defendant made false, defamatory statements about the plaintiff; (2) those statements were published to a third person; and (3) the statements caused injury to plaintiff's reputation. Tyson v. L'Eggs Products, Inc., 84 N.C.App. 1, 351 S.E.2d 834 (1987).
Question #1: Under N.C. law does a person commit the tort of defamation when, at her personal internet web site, she makes statements that are false and are a violation of privacy, when the victim of the false statements is not a public figure.
Question #2: Under N.C. law, if there has been defamation, are damages recoverable when a person's business has suffered and when the person has suffered emotional disstress because of the false statements?
SHORT ANSWER:
Probably yes. Based on the law of defamation and libel as interpreted by North Carolina courts, damages are recoverable.
The Law:
ReplyDeleteThe U.S. Supreme Court has ruled that "... so long as they do not impose liability without fault, the States may define for themselves the appropriate standard of liability for a publisher or broadcaster of defamatory falsehood injurious to a private individual." Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974). Under N.C. law, in considering whether an action is defamation, we look to the N.C. state constitution, to chapter 99 of the N.C. General Statutes, to Restatement (2d) of Torts because it is cited as authority in many N.C. appellate cases, and to the common law.
State Constitution
Article I, § 14, of the N.C. state constitution reads, "Freedom of speech and of the press are two of the great bulwarks of liberty and therefore shall never be restrained, but every person shall be held responsible for their abuse."
North Carolina General Statues (N.C.G.S.)
N.C. Gen. Stat. § 99 (1989) deals with defamation.
Restatement (2d) of Torts (1976)
Restatement (2d) at § 558 lists the elements of a cause of action for defamation: "(a) a false and defamatory statement concerning another; (b) an unprivileged publication to a third party; (c) fault amounting at least to negligence on the part of the publisher; and (d) either actionability of the statement irrespective of special harm or the existence of special harm caused by the publication." N.C.'s Court of Appeals cited § 558 of Restatement (2d) in Renwick v. News and Observer Pub. Co., 63 N.C.App. 200, 304 S.E.2d 593 (1983).
Common Law
ReplyDeleteAccording to N.C. case law, defamation is either libel or slander. "In general, libel is written while slander is oral." Phillips v. Winston-Salem/Forsyth Co. Bd. of Educ., 117 N.C.App. 274, 450 S.E.2d 753, 756 (1994).
"In its most general and comprehensive sense, it may be said that any publication that is injurious to the reputation of another is a libel." Flake v. Greensboro News Co., 212 N.C. 780, 195 S.E. 55 (1938). Flake is the most complete analysis of the law of libel in N.C., and it is the most oft quoted: "Libels may be divided into three classes: (1) Publications which are obviously defamatory and which are termed libels per se; (2) publications which are susceptible of two reasonable interpretations, one of which is defamatory and the other is not; and (3) publications which are not obviously defamatory, but which become so when considered in connection with innuendo, colloquium, and explanatory circumstances. This type of libel is termed libel per quod."
Flake continues, "When an unauthorized publication is libelous per se, malice and damage are presumed from the fact of publication, and no proof is required as to any resulting injury.... In an action upon a publication coming within the second class, that is, a publication which is susceptible of two interpretations, one of which is defamatory, it is for the jury to determine under the circumstances whether the publication is defamatory and was so understood by those who saw it.... In publications which are libelous per quod, the innuendo and special damages must be alleged and proved." Since 1938, Flake has been cited repeatedly as authority in defamation cases: Phillips v. Winston-Salem/Forsyth Co. Bd. of Educ., 117 N.C. App. 274, 450 S.E.2d 753 (1994); Tyson v. L'Eggs Products, Inc., 83 N.C. App. 1, 351 S.E.2d 834 (1987); Roth v. Greensboro News Co., 217 N.C. 13, 6 S.E.2d 882 (1940).
The N.C. Court of Appeals defines libel per se, as "a publication which, when considered alone without explanatory circumstances: (1) charges that a person has committed an infamous crime; (2) charges a person with having an infectious disease; (3) tends to impeach a person in that person's trade or profession; or (4) otherwise tends to subject one to ridicule, contempt or disgrace." Phillips v. Winston-Salem/Forsyth Co. Bd. of Educ., 117 N.C. App. 274, 450 S.E.2d 753, 756 (1994), cited in Gaunt v. Pittaway, 353 N.C. 371, 547 S.E.2d 660 (2000); cited in Aycock v. Padgett, 134 N.C. App. 164, 516 S.E.2d 907.
ReplyDeleteThe standard of fault for private person libel plaintiffs in North Carolina is negligence. Walters v. Sanford Herald, Inc., 31 N.C.App. 233, 228 S.E.2d 766 (1976): "[A] plaintiff in a civil action for libel, if he is a private citizen and not a public official or a public figure, can recover only if he alleges and proves fault, or at least negligence, on the part of the defendant publisher in publishing false and defamatory statements."
Elements of the Tort of Libel:
For a private citizen to prove libel, he must prove six things beyond a preponderance: (1) defamation; (2) falsity; (3) third-party recognition; (4) publication; (5) injury or damage; (6) fault. Defamation, falsity, third party recognition after publication, and injury are the standards as listed in Tyson v. L'Eggs Products, Inc., 84 N.C.App. 1, 351 S.E.2d 834 (1987).
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ReplyDelete"[The Education Department is] creating a segregated education system for the people that have the skills and the power to get their children into the more selective schools and the families that do not."
ReplyDelete"Here we are trying to get people to work in the schools that are largely with at-risk populations, and then we have a movement in this country where any teacher in that school is likely to get fired because of the population in school," Meier said.
ReplyDelete"There are very few examples one can identify where 'bad' schools have been closed and replaced by better schools," former Assistant Secretary of Education Diane Ravitch said in an e-mail to AOL News. "Typically what happens is that 'bad' schools are closed, and the lowest-performing students are sent to other 'bad' schools."
ReplyDeleteThis idea is often described as a shell game. The better public schools, including charter schools, hand-pick or attract the best students, leaving the kids with the highest needs to schools like MCA, causing test scores to fall lower. When test scores fall, the schools are deemed as "failing" and closed, and the kids with the highest needs move to another school where the game is played out again.
"When a school continues to perform in the bottom 5 percent of the state and isn't showing signs of growth or has graduation rates below 60 percent, something dramatic needs to be done," Duncan said in a statement. "Turning around our worst-performing schools is difficult for everyone, but it is critical that we show the courage to do the right thing by kids."
ReplyDeletePaul Klaene,
ReplyDeletePlease take down this blog. You are exposing yourself (and those who post anonymous comments) to civil litigation for defamation. Recent court cases demonstrate that isp numbers can be obtained, and posters can be identified. The comments should be policed and removed if they cross the line, but you either cannot or will not do that, so please take down this blog. If you do not, I invite others here who are insulted and repulsed by the mean-spirited and un-Christian comments left by the members of this community, to bury the blog. All we have to do is post often and voluminously any and every article we can put our hands on. After awhile, people grow weary of wading through all of the tripe to get to the gossip, and quit even looking at it. So, if Paul doesn't start monitoring this blog, let's blam it.
Amen to that!!!
ReplyDeleteAfter Google turned over the identity of the “anonymous” poster, it turned out to be someone the plaintiff knew quite well.
ReplyDeleteArticle I, § 14, of the N.C. state constitution reads, "Freedom of speech and of the press are two of the great bulwarks of liberty and therefore shall never be restrained, but every person shall be held responsible for their abuse."
ReplyDelete"In its most general and comprehensive sense, it may be said that any publication that is injurious to the reputation of another is a libel." Flake v. Greensboro News Co., 212 N.C. 780, 195 S.E. 55 (1938). Flake is the most complete analysis of the law of libel in N.C., and it is the most oft quoted.
ReplyDelete"Libels may be divided into three classes: (1) Publications which are obviously defamatory and which are termed libels per se; (2) publications which are susceptible of two reasonable interpretations, one of which is defamatory and the other is not; and (3) publications which are not obviously defamatory, but which become so when considered in connection with innuendo, colloquium, and explanatory circumstances. This type of libel is termed libel per quod."
ReplyDeleteIn rendering a decision against Google and requiring the Internet industry giant to reveal the blogger’s identity, Judge Madden who rendered the decision in the case declared, “The protection of the right to communicate anonymously must be balanced against the need to assure that those persons who choose to abuse the opportunities presented by this medium can be made to answer for such transgressions.”
ReplyDeletePeople think that they have a constitutional right to say what they please. That is not so. Defamation is not protected by the first amendment or any other part of the constitution. So, beware. Anonymous posters can be traced, and their names provided by Google. One verdict penalized the poster to the tune of $3 million dollars. That is years and years of garnished wages, and confiscated income tax refunds. So, think before you post recklessly on this or any other blog. Anything that is public record is fair game. Anything about a person's private life is off limits. Anything that affects a person's livelihood or reputation in the community is also off limits. So, you can discuss policy issues, but stay away from gossip.
ReplyDeleteIt's true that your IP address is no secret. It's a basic part of internet communication protocols to send your IP address whenever you connect to another site, request a web page, chat, play an online game, etc. Without your IP address, the computer on the other end wouldn't know where to send the reply.
ReplyDeleteA person might be able to get a general idea of your geographic location, based on your IP address, by doing a lookup on the WHOIS database. That will tell them the physical location of your ISP.
But bear in mind that this Blog and many other blogs are hosted by Google - and Google knows a lot more about you than you would think.
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ReplyDeleteDo not repeat anything you will not sign your name to. ~Author Unknown
ReplyDeleteThe measure of a man's real character is what he would do if he knew he never would be found out. ~Thomas Babington Macaulay
Wow! It's amazing desperate people get and how childish and immature people will act to shut other people up!
ReplyDeleteGet a LIFE!
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ReplyDeleteDear Readers, I have decided to start removing some of the comments that have been posted that are not even remotely related to the purpose of this blog. I have no idea who has been posting these comments but I do hope that she or he can find something more constructive to do.
ReplyDeleteRemember that I do welcome any and all comments related to the operation of the Iredell-Statesville Schools.
Whether those comments are based on the facts regarding I-SS or based on gossip and rumor doesn't really matter on this blog.
ReplyDeletePaul Klaene said...
ReplyDeleteDear Readers, I have decided to start removing some of the comments that have been posted that are not even remotely related to the purpose of this blog. I have no idea who has been posting these comments but I do hope that she or he can find something more constructive to do.
Remember that I do welcome any and all comments related to the operation of the Iredell-Statesville Schools.
Paul Klaene said...
ReplyDeleteDear Readers, I have decided to start removing some of the comments that have been posted that are not even remotely related to the purpose of this blog. I have no idea who has been posting these comments but I do hope that she or he can find something more constructive to do.
Remember that I do welcome any and all comments related to the operation of the Iredell-Statesville Schools.
Paul Klaene said...
ReplyDeleteDear Readers, I have decided to start removing some of the comments that have been posted that are not even remotely related to the purpose of this blog. I have no idea who has been posting these comments but I do hope that she or he can find something more constructive to do.
Remember that I do welcome any and all comments related to the operation of the Iredell-Statesville Schools.
Paul Klaene said...
ReplyDeleteDear Readers, I have decided to start removing some of the comments that have been posted that are not even remotely related to the purpose of this blog. I have no idea who has been posting these comments but I do hope that she or he can find something more constructive to do.
Remember that I do welcome any and all comments related to the operation of the Iredell-Statesville Schools.
"In its most general and comprehensive sense, it may be said that any publication that is injurious to the reputation of another is a libel." Flake v. Greensboro News Co., 212 N.C. 780, 195 S.E. 55 (1938). Flake is the most complete analysis of the law of libel in N.C., and it is the most oft quoted.
ReplyDeleteDo not repeat anything you will not sign your name to. ~Author Unknown
ReplyDeleteThe measure of a man's real character is what he would do if he knew he never would be found out. ~Thomas Babington Macaulay
Iredell-Statesville Schools
ReplyDeleteInternational Baccalaureate Candidate Schools
Top 10 Frequently Asked Questions
1. Where are the schools located?
Northern Site - Grades 6, 7, 8, 9, 10
Southern Site - Grades 6, 7, 8, 9, 10
NorthView I.B. Candidate School
Mount Mourne I.B. Candidate School
625 Carolina Avenue
1431 Mecklenburg Highway
Statesville, NC 28677
Mooresville, NC 28115
Aron Gabriel, Principal
Jason Van Heukelum, Principal
2. What grade levels will be included in the I.B. Candidate Schools?
Initally, grades 6, 7, 8, and 9. A grade will be added each year until the I.B. Program includes: The Middle Years Programme - Grades 6-10 and the Diploma Programme - Grades 11 and 12.
3. Is there a cost to parents?
No. Application to the I.B. Program is open to any student living in the Iredell-Statesville School District.
4. What are the entrance criteria?
Entrance criteria will include, but are not limited to, a recommendation from the previous year's teacher(s), previous year's EOG scores, most recent report card and a statement from the student and parent regarding motivation and expectations and commitment to achievement of a rigorous curriculum. Because of the stringent second language requirement to speak the language upon graduation, generally, applications will be accepted from sixth and seventh grade students only. The exceptions to this practice will be acceptance of upper grade students transferring from another I.B. school or students who already have mastered the required second language.
5. How will students be assessed?
Teachers organize continuous assessment throughout the courses, taking account of specified criteria that correspond to the objectives for each subject. The North Carolina Standard Course of Study will continue to be used as the basis for instruction. There is also an emphasis upon self-assessment and peer-assessment within the program. A common instructional practiced observed readily in I.B. classrooms is strong, interactive grouping of students to accomplish learning goals.
6. Will bus transportation be provided?
Yes. Students will be transported to their "traditional" school and then shuttled to the I.B. school.
7. Will students be allowed to participate in athletics and other extra curricular activities?
Yes. Students may participate in sports and extra curricular activities at the school within the district in which they reside (their traditional school). As grades 10-12 are added in subsequent years, more extra-curricular opportunities will be available at the I.B. schools.
8. How do I apply?
Applications were made available at the schools near the end of first semester. Applications are also available at parent meetings designed to inform parents of the program. Charter, private and home school students may pick up applications at the parent/student information nights at NorthView I.B. Candidate School in Statesville or Mount Mourne I.B. Candidate School in Mooresville. Applications will also be available at I-SS elementary and middle school offices. The deadline for submitting applications is March 5. Students will be informed of acceptance on March 15.
9. When will parents be notified whether or not their child has been accepted into the I.B. school?
March 24, 2010
10. If my student attends the I.B. school and is not happy, will he/she be allowed to return to the traditional school?
Yes. We want all students to be successful. If a student can be more successful in the traditional setting, she/he will be allowed to transfer at the end of the school year.
"When a school continues to perform in the bottom 5 percent of the state and isn't showing signs of growth or has graduation rates below 60 percent, something dramatic needs to be done," Duncan said in a statement. "Turning around our worst-performing schools is difficult for everyone, but it is critical that we show the courage to do the right thing by kids."
ReplyDeleteDo the right thing by kids.
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ReplyDelete"[The Education Department is] creating a segregated education system for the people that have the skills and the power to get their children into the more selective schools and the families that do not."
ReplyDeleteJune 24, 2010 7:05 AM
"[The Education Department is] creating a segregated education system for the people that have the skills and the power to get their children into the more selective schools and the families that do not."
ReplyDeleteJune 24, 2010 7:05 AM
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ReplyDeleteOk, I'm confused. What started all the legal stuff about libel and defamation of character? I don't see anything on here that would be considered either.
ReplyDeleteOne item in the I-SS proposed county budget is $8,445,946.32 for Supplements, Longevity, and Annual Leave. Two percent of that amount is $168,918.93. That means that two percent of the teacher supplements would be less than 168.9 thousand dollars. Certainly I-SS can make cuts without taking away from teachers’ supplements. In the same proposed budget there is over 3.1 million dollars for Instructional Support. Does this include the funds for the IFs and the supporting cast at the ADR center? If so, there is certainly some money that could be cut in that budget.
ReplyDeleteHow will students be assessed?
ReplyDeleteTeachers organize continuous assessment throughout the courses, taking account of specified criteria that correspond to the objectives for each subject. The North Carolina Standard Course of Study will continue to be used as the basis for instruction. There is also an emphasis upon self-assessment and peer-assessment within the program. A common instructional practiced observed readily in I.B. classrooms is strong, interactive grouping of students to accomplish learning goals.
The N.C. Court of Appeals defines libel per se, as "a publication which, when considered alone without explanatory circumstances: (3) tends to impeach a person in that person's trade or profession; or (4) otherwise tends to subject one to ridicule, contempt or disgrace." Phillips v. Winston-Salem/Forsyth Co. Bd. of Educ., 117 N.C. App. 274, 450 S.E.2d 753, 756 (1994),
ReplyDeleteIf it is gossip, it is slander. If the slander is published, it is libel. The author of a blog is liable for the words posted on his/her blog - whether he posted them, or whether he allowed others to post them.
ReplyDeleteSo, if Paul removes the gossipy items, this blog will go back to the way it was?
ReplyDeleteYes.
ReplyDeleteWhat if it's in someone's opinion? Is that still slander or libel??
ReplyDeleteIf it is an innuendo about someone's personal life it is slander; or if you say something or make an innuendo about a person's character that might affect a person's job; that's slander. If you say, I don't like Jim because I think he's sneaky - that's okay. If you say, I don't like Jim because I hear he's a thief - that's slander.
ReplyDeleteInteresting FACT: CMS did not renew the contract of their Human Resources Chief who made $138,918 a year! Can you imagine a school system the size of CMS only paying $138,918. Now how much did you say Dale Ellis makes in I-SS???
ReplyDelete