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April 21, 2019

Comments

hollyroller@gmail.com

Time heals all wounds.. not principles or Honor.
I am sure Mr. Nelson has not continued to "fight the good fight" for any monetary gain. Most of us would have given up years ago....
"Take the Check, do not come back."
Mr. Nelson is an Educator. A roll model, passionate in thought. Justice. Unfortunately, Mr. Nelson is suffering for allowing free thinking.
Thanks Joe for starting another "Thread," (whatever the hell that means) to stay current with this poor Mans' plight.

Christopher Cooke

He was punished because of an insecure principal who was later removed. But I don’t think it had to do with political bias. My daughter had him as a teacher and he was excellent. I am certainly sorry for everything he experienced.

hollyroller@gmail.com

Thank you Joe for expanding this thread.

KRN

The drop in AP enrollment data is from the Burlingame High School WASC Self Study Report. Page 42


https://www.smuhsd.org/site/handlers/filedownload.ashx?moduleinstanceid=17000&dataid=25404&FileName=BHS%20-%202018%20WASC%20report.pdf

KRN-Chapter #1 -The "Dick in the Box" Deception

Chapter #1- The Deception

In the three years since my Involuntary Transfer, the FACTS of the incidents at BHS have been constructed. My Involuntary Transfer was retaliatory and a cover up for the negligence and incompetence of the SMUHSD District Office Administration during the 2011 to 2016 years. Upon coming to the SMUHSD, Dr. Skelly was “fed” filtered information about the issues and conflicts that transpired at Burlingame High School.

BHS Principal Di Yim was a “side show.” Yim’s sexually charged SNL “Dick in the Box” dance was a minor issue compared to the other damage she created.

At the time of my Involuntary, Dr.Skelly was new to the SMUHSD and was dependent upon his Deputy Superintendent Kirk Black to inform him of the issues. The Board had received excessive complaints about Yim for two years and did nothing in response. Principal Di Yim would be removed by Dr. Skelly with or without Kevin Nelson. Yim was incompetent and a serial liar. She told different stories to students, teachers, parents, and her superiors.

The Board should have removed Di Yim from BHS at the end of the school year in June 2015.


Viva Las Vegas
Upon Di Yim’s resignation from BHS, she stated she was moving to Southern California. Instead, Di Yim ran off to Las Vegas with an SMUHSD District Office Administrator after her marriage failed and both individuals resigned from the SMUHSD. This is a fact. At least BHS reaped the benefit of advanced IT Upgrades due to Yim

The Kevin Nelson issue is not rooted in Di Yim. Yim was a highly incompetent leader who duped her superiors until time caught up with her. Kevin Nelson became the scapegoat for Yim’s failures.


Background
In July of 2013, I addressed the SMUHSD Board, as a parent (in closed session) regarding highly improper activities involving Burlingame High School teachers. As a parent, I knew that I was taking a risk, but had no choice since I needed to protect my child as well as the children of others.
In my comments I stated, “It is known fear among the Burlingame Community that parents who file complaints or report BHS teachers will be the focus of retaliation. Teachers will go after both students and parents. Grades and college admission will be threatened.” My statement would soon become my fate.


The three Board members who live in Burlingame all nodded in acknowledgement and agreement. The Burlingame Board members knew this statement to be factual as it had been reported to them in the past.

In early April of 2015, as a parent, I came to a settlement with the SMUHSD to remedy a dispute. The issues involved were highly critical of the incompetence and negligence of certain BHS teachers and SMUHSD administrators. The agreements were through to bring those disputes to a close. (or so we thought) The details of these items will come out later.

As the 2015 school year came to a close, the issues and conflict at BHS should have ended


Students and Parents Address the Board about Yim’s Failures (April 2015)

On April 23, 2015, BHS students and parents lined up at the microphone of a Board meeting and spent a significant amount of time openly complaining about Yim’s continual and ongoing failures at BHS. Yim had destroyed the Master Schedule and was blocking students from the AP courses they needed to fulfill college admissions requirements. In addition, Yim had fired a highly successful and popular first year Chemistry teacher, as the new hire was not a Yim supporter. (After being released, the teacher made one phone call and was hired on the spot by Palo Alto).

Yim was eliminating AP course sections (AP Chem) and moving the sections to hire a personal friend to a full-time job at BHS.

BHS Parents President Donna Colson (now Mayor) addressed these VAST complaints in her comments to the Board. In Colson’s statement to the Board, she outlines Yim’s responses (now lies) to the parents on why the course could not be offered. BHS AP Chem teacher Sue Marcan came to the microphone to set the record straight. Yim was flat out lying to the parents, administrators and Board as she was just incompetent.

These public complaints were ON TOP of the two years of BHS Parents Group complaints regarding Di Yim to Superintendent Scott Laurence and the Board.

Superintendent Laurence was leaving the SMUHSD, so he did not care. AFTER these failures and more, Superintendent Laurence and Deputy Superintendent Kirk Black granted Di Yim a third year at BHS and the Board approved it. (The first two years are the fault of the administration. The third year is the incompetence of the Board)

After the April 23, 2015 Board Meeting, Principal Yim directly responded to the complaining parents (openly using the parent email addresses) in her “Leap of Faith” email where she begs for mercy from the parents. This was extremely awkward for the parents and a public acknowledgment that Yim knew her job as BHS Principal was in in jeopardy.

Principal Yim blames Kevin Nelson (as a Burlingame Parent) for the “public outrage” of Yim’s negligence in the Master Schedule fiasco. Nelson will pay for the community outrage.

Di Yim and the SMUHSD needed a Scapegoat-the Blame Game
In the last week of May 2015, less than six weeks after reaching a legal settlement with the SMUHSD, Dr. Kirk Black “dissolved” the SMUHSD District GATE program which I had led for the past six years. The GATE program was recognized as one of the best in the state.

On June 6 2015, after the school year was over, Dr. Black and BHS Principal Di Yim issued Kevin Nelson a “Letter of Concern” accusing me of “Unprofessional Behavior.” The issues in the letter were fraudulent. Dr. Black and Di Yim colluded in the construction of this letter, knowing that there was no truth or evidence to the allegations they were advancing. Yim and Black waited over a month (from the meeting with a parent) before issuing the letter.

In response to these highly inappropriate, false, and slanderous allegations created by these site and district leaders, I filed a complaint with the California Department of Fair Employment and Housing.(DFEH) The investigation of Yim and Black’s actions would cost the SMUHSD $20,000 in legal fees just to investigate these false charges. In the DFEH investigation, both Yim and Black make false and misleading statements to investigators and lawyers.

The actions by Black and Yim, less than six weeks after settling my legal dispute, were direct acts of employment retaliation against a member of the public. This is a violation of district, state, and federal law.

These events would “morph” into my Involuntary Transfer from BHS.

Deputy Superintendent Black, Principal Di Yim, and her “Dick in the Box” sex charged bump and grind was a side show to the real issues at BHS.

The SMUHSD has (had) a legal and ethical obligation to protect its students, parents, and employees. It failed.

The real issues will be posted in Chapter #2

To the SMUHSD... was it really worth it?

KRN-False Allegations and a Cover-Up

The following, written last April and still on appeal is an example of the lies.

In order to block my legal return to BHS, the SMUHSD constructed a “list” of allegations, stating that Kevin Nelson was “Angry and Hostile.”
(Burlingame parents start laughing every time I state that I was described as “Angry and Hostile.”)

The list was created from the Uniform Complaints I filed as a parent during the 2011-2013 and 2014-2-15 school years. While making these false allegations against me, the SMUHSD has NEVER investigated any of these allegations against Kevin Nelson.

The SMUHSD supports its principal bump and grind dancing to “Dick in a Box” as well as allowing teachers to target, harass, and stalk students. When a parent filed a complaint against these actions (and more) it is retaliation that greets the parent.
A member of the SMUHSD Board has now twice mandated that the SMUHSD Administration take employment action against me for actions taken as a parent and a private citizen engaging in protected speech.

Item #8 “Your repeated emails regarding several teachers at BHS display your continued anger and hostility towards them.”
The communications were sent to the SMUHSD Board and members of the Administration. The emails were evidence and witness statements collected by the SMUHSD which outline the improper and illegal actions of BHS teachers. The communications were sent to outline the failure and negligence of the individual charged with enforcing the law.

Drawing attention to negligence is not a crime, nor is it linked to anger and hostility.

April 5, 2018

Kevin Nelson, Aragon Teacher
Kirk Black, Deputy Superintendent Response Level II Grievance
Below is a list of some of the compelling reasons for the District’s denial of your transfer request.
1. You have been unwilling and continue to refuse to put aside past problems and issues that you have had with some of your former colleagues at BHS.
2. You have not demonstrated a willingness to repair acrimonious relationships that you have had with some of your former colleagues at BHS.
3. During your last year at BHS, you pushed forward a strong desire to teach specific social studies classes that were being assigned to other teachers. You openly questioned the ability of one of those teachers to teach one of these classes effectively.
4. Your conduct over your last few years at BHS was detrimental to your professional relationship with your departmental team and other teachers at the school.
5. While at BHS, you were unwilling to take even incremental steps to repair your working relationship with the BHS Principal. You were unwilling to participate in a face-to-face meeting with the Principal despite repeated attempts by the Superintendent to organize the meeting and encourage your attendance.
6. You demonstrated an unwillingness to work collaboratively with the BHS Principal and teacher colleagues to create a unified, positive environment for students and staff at BHS.
7. BHS staff members felt bullied and intimidated by you when you worked there.
8. Your repeated emails regarding several teachers at BHS display your continued anger and hostility towards them.
9. Your actions created a hostile work environment for several staff members who continue to work at BHS.

Please note that the SMUHSD has no problem with Principal Di Yim's failure as a principal and negligence which cost the district a significant amount of money.

The letter was written in April 2018. The items cited are from 2012-2015.

There is nothing cited from after the March 2016 transfer date.

KRN-$13,152.81 to drop a class

$13,152.81 in legal fees because Principal Yim would not let a student drop a class.


In June of 2015, BHS Principal Di Yim and Deputy Superintendent Kirk Black issued a "Letter of Concern" to Kevin Nelson for "Unprofessional Behavior."

The behavior in question was the support to a student and family who where trying to drop a course.

Yes... A student wanted to drop a class.

In April 2015, Burlingame Parents and Students lined up to speak to the Board about Yim's complete failure to produce a Master Schedule and her elimination of AP Courses.

Principal Yim had been shamed as her "dirty laundry" had been made public.

Black and the Board were well aware of Yim's negligence, but continued to back her against the "Burlingame Parents."

The disciplinary letter issued to Kevin Nelson was retaliation.

Nelson then filed a claim with the Department of Fair Employment and Housing.

The SMUHSD paid out $13,152.81 in legal fees to defend Principal Yim because she would not let a student drop a class.

Members of the SMUHSD Board referred to Superintendent Scott Laurence as the "Absentee Superintendent" who they were paying almost $300k. Despite their own negative comments, and the fact that they knew that Yim was a failure (volumes of negative communications from BHS Parents), they approved Laurence and Black's recommendation to grant Yim a third year at BHS for the 2015-2016 school year.


hollyroller@gmail.com

Keep Fighting! You have come this far, and from a Righteous Position.
Politics have No Place in this Nightmare.
From beginning to now, this should become a Movie.
As far as a script goes, this story is righting itself.

KRN-Whistleblower-retaliation-

Chapter #2-

Retaliation on the Whistleblower


Whistleblower Retaliation 101

The legal and investigation costs of these actions have been reported to be above $150,000.

The expenses above-(prior post) are ONLY for the DFEH response.

On April 29, 2015 the SMUHSD settled a legal claim against its teachers and administrators. The SMUHSD employees were challenged with 53 counts of negligence and mismanagement of students protected under the Americans with Disabilities Act and Special Education Law. The claims were brought against BHS teachers and administrators who believed to be abusing the rights of children. The San Francisco Office of Civil Rights was involved and the SMUHSD was under the microscope. The agreement, like most settlements removed blame or victory from either party.

The settlement agreement was approved by the SMUHSD Board on May 8, 2015 with the expectation that all parties (BHS Teachers, BHS Administrators, SMUHSD Administrators, parents and students) would walk away from the issues. This was a normal legal agreement to end a dispute. The documents were signed and all parties walked away.

Within weeks of the settlement, SMUHSD Administrators started retaliatory actions against Kevin Nelson for acting as the Whistleblower. Two administrators acting in retaliation had been heavily involved in the dispute and most likely disciplined. The filed complaints stated that these individuals were not only negligent in implementing the federal law, but also enabled and protected BHS teachers who acted in an improper manner. The SMUHSD Board was fully informed of the situation, but sat back and did nothing as the retaliation and escalation against Nelson advanced.

BHS Teacher Kevin Nelson’s eventual Involuntary Transfer was the result of the retaliatory actions of these administrators. This was in addition to the original complaints filed against the teachers who were stalking students and failing to implement the law. Nelson’s reporting of the violations of these “adults” against special needs students is a protected activity under federal law.

Since the Involuntary Transfer in 2016, a member of the Board has twice mandated that the SMUHSD Administration take further employment action against Kevin Nelson for his continued reporting of these violations. These threats of possible termination were intended to create a “chilling” effect and suppress the truth.

In July 2015, the Fiscal Crisis Management Assistance Team (FCMAT) found that the SMUHSD was out of compliance with its legal mandate to implement the Americans with Disabilities Act and Special Education Law. Burlingame High School itself had failed to properly implement ADA-504 for years, refusing to evaluated and provide students with protected needs. The negligence of the SMUHSD causes a 350% increase in legal expenses related to special needs students. Nelson’s reports were now validated by a state commission.

FCMAT writes:
“Ongoing and consistent training is necessary for special education administrators, teachers, district data technicians, and school registrars. The district should contact the San Mateo SELPA staff to arrange professional development in writing legally defensible and compliant IEPs, SEIS data entry and management, and IEP trainings for general education staff and administrators.”

“A final factor in reviewing the overall special education delivery system is the expense of legal costs and settlements. A brief analysis of district data on legal costs for the past three years found that legal fees increased 350% from 2012 to 2013. The director of special education and the associate superintendent of student services should review the past three years of complaints and analyze trends as well as review legal and settlements costs.”

Who Guards the Guardians?

The BHS Principal Di Yim’s “Dick in the Box” dance was a distraction to the real issues at BHS. Kevin Nelson was Involuntarily Transferred from Burlingame High School because of the retaliation of Di Yim and related administrators as well as the behind the scenes lies of a hand full of Burlingame High School teachers. Many of these teachers are still at the campus today.

Besides the Board’s approval of the settlement, the following comment (on the record) by Board Member Marc Friedman offers proof of the Boards knowledge of the issues.

At the March 28, 2016 SMUHSD School Board Meeting, member Marc Friedman in voting for Nelson’s transfer states, "Its a triangle, Mr. Nelson, Principal Yim, and all these teachers." "These conflicts go back to 2011."

That’s right. The issues from 2011 to 2015 at BHS were Kevin Nelson making reports of the violations of BHS teachers and administrators against students protected by Special Education and ADA.


http://fcmat.org/wp-content/uploads/sites/4/2015/07/San-Mateo-UHSD-management-letter1.pdf


Post Script. The Burlingame Parents who attempted to gain legal accommodations for their children know this story. The SMUHSD Administration at the time would "shame" families in need and deny their legal request for evaluations and accommodations.


hollyroller@gmail.com

How come there is never a communique from the SMUHSD?
There must be 12 people that are "Chomping on a Bit" to contradict your position.
How about a nom du gra?
Nobody will know who is commenting.
Come On you Babies, clear the air and let this guy get on with his life...
Cowards.

KRN- Prinicipal Agent Problem

The members of the Board get Free Healthcare.

If you screw up or the public finds out that you have screwed up, you don't get Free Healthcare.

Keep everything quiet, you continue to get Free Healthcare.

The Board suffers from Principal Agent Problem.

The Problem is about to get worse.

Icrito

Like they say, California is "The Hate State"

KRN-SMUHSD-Board's Failure to Act

2020 is an election year for the SMUHSD Board. Its time to hold them responsible for the waste of funds and cover up on this issue.

HollyRoller's Advice is good. A public investigation by local, regional and national media is needed as the local Board refuses to take action. If the Board refuses to take responsibility then the public needs to hold responsible the individuals who took these actions.

As a new school year opens the media and investigative agencies will be requested to come look at the FACTS, emails, witness statements, legal orders, etc to evaluate the negligence of this case.


The SMUHSD has now spend over $150,000 on legal and investigation expenses on the incidents at Burlingame High School. These expenses will continue to grow as the SMUHSD continues to cover up these actions. It is an election year and the Board is responsible for these issues.

The SMUHSD needs a “cleansing” investigation by a professional law firm to ensure that the District is operating with ethics and integrity. After another sexual assault and Title IX incident, the Palo Alto School Board hired an external and independent law firm to fully investigate its ADMINISTRATION to ensure that legal policies and procedures were enforced. The investigation resulted in employment reprimands issued to the site Principal and other administrators for their negligence.

The "Dick in the Box" dance of Principal Di Yim was a "side show" and a deflection form the real issues inside the school. Burlingame High School was a "toxic and dysfunctional" environment where the "Mean Girls" wreaked havoc upon students, parents, and peers. The evidence of the improper actions of these teachers is held by the SMUHSD who refuses to take proper action. SMUHSD Deputy Superintendent Kirk Black was negligent in handling these conflicts. He then engaged in improper conduct and helped to cover up the actions of the teachers.

The SMUHSD Board has an obligation to the students, parents, teachers, staff, and community members to ensure that a proper, ethical and law-abiding environment is upheld in the schools. The "reports" by the two "mystery teachers" to Dr. Skelly are false and made with a malicious intent to get Kevin Nelson transferred from Burlingame High School. The reports were made by BHS Teachers who were the recipients of complaints by parents for taking negative action against BHS students. Kevin Nelson reported these teachers to the BHS and SMUHSD Administration.

There are no records of any complaints filed or investigated against Kevin Nelson while he was a teacher at BHS. Therefore, there is no evidence of any wrongdoing by Mr. Nelson. On the contrary, there are discrimination, targeting, and harassment complaints AND investigations against Melissa Murphy, Nicole Carter, Shane Karshan, Kent Robie, Cathy Payne, and others for improper actions towards students and parents. (ASK These teachers what they did.)

Since transferring Kevin Nelson from Burlingame High School, the SMUHSD and its Board have taken action to “paint” Nelson as an “angry” employee. The district has labeled Nelson as “Angry and Hostile” for filing the complaints against fellow teachers and for refusing to drop the case. The San Francisco Office of Civil Rights has this listed as an open case and is collecting information on the actions.

The teachers made these false reports to Dr. Skelly because they wanted Kevin Nelson removed from Burlingame High School. They knew there was no truth to their reports, yet made them with intentional malice.

1. This very small group of BHS teachers wanted Nelson removed from BHS so that a "friend' could be hired at BHS as a teacher.
2. The teachers would have their own students enrolled at BHS in the next few years and would do ANYTHING to ensure that the public disclosure of their actions was not made available to their own children.

On December 11 2018, Kevin Nelson sent me a Uniform Complaint asking that the district” produce the names of the individuals and actions cited by these individuals as cited in the attached letters by Dr. Skelly and Dr. Black.”

While the Board made a decision to withhold the names of these individuals who made false report as "mystery staff." There is no basis to the reports and their intent was to inflict damage on another employee.

Dr. Skelly's memo includes the following:
"As one can see from the attached letters, the complaints and concerns of Mr. Nelson’s colleagues make up only a part of the rationale for our denial of his request to transfer back to Burlingame High School."

There have been NO complaints against Kevin Nelson as a teacher at Burlingame High School. If a complaint were filed, the SMUHSD would be required to inform Kevin Nelson of the complaint, conduct and investigation, and inform Kevin Nelson of the outcome of the investigation.


Dr. Skelly reports the following in December 2015 and/or January 2016. Dr. Skelly states that the reports of these two staff members influenced his decision to advance the Involuntary Transfer of Kevin Nelson from Burlingame High School to Aragon High School. The following statements are from Dr. Skelly's memo to the SMUHSD Board.


"A staff member came to my office to meet about concerns s/he had and was visibly terrified that Mr. Nelson might have observed him/her entering the district office."

"Another staff member called my office and asked to meet with me regarding Mr. Nelson off campus for fear of being seen with me on the Burlingame High School campus."

"Other staff members expressed their surprise that Mr. Nelson was appealing his transfer as it was common knowledge that Mr. Nelson had filed a request to transfer to another school." (Fact-A Majority of the Staff at BHS supported Nelson staying at BHS- the few that were opposed took action to get him removed!)

The SMUHSD and Nelson came to a legal settlement on April 29, 2015. This agreement would have settled disputes between the two parties.

Dr. Skelly was new to the SMUHSD and by his own statements, did not know the teachers, the issues, or the settlement agreement.

Within weeks after the legal settlement, BHS Principal Di Yim and Deputy Superintendent Kirk Black started their retaliation against Nelson. The “Mystery Teacher” reports soon followed and Nelson’s transfer was made.

There is nothing ethical about the actions of these individuals who were seeking personal gain by covering up their own actions.

The references above are all from Public Records.
There is no malice here. The facts will catch up with the lies.

The SMUHSD has not intent of returning Kevin Nelson to BHS.

The SMUHSD Board has allowed negligence, malicious actions, and slander to prevail.

If the Board won't do its job, then its time to remove the Board.

hollyroller@gmail.com

It is great to know you are still fighting "The Good Fight."
I am very Surprised and Disappointed that the Entire SF Bay Area News Agency's have not begun a "Story."
This "event that has gone on for years, "Writes Itself."
Unfortunately, @ 95% of Parents, and Voters do not know or care about the SMUHSD, or the actions of any SF Bay Area School Board.
The 5% who do care are the Very Wealthy who go to meetings, volunteer, and financially contribute to THEIR CHILDRENS SCHOOL ONLY. IN THEIR NEIGHBORHOOD/CITY.
Which brings up the need to look into Busing again.
I am so glad you are still doing the right thing. You need an agent.

KRN-SMUHSD Board's Failure to Act


Lying to your employers, both school and district administrators is one thing.

Lying to the police in order to mislead them and deflect guilt is another.

Blocking a police investigation, suppressing and withholding information takes things to a new level.

Lying to the Board about your actions doesn't help.

Changing your story months later after collaborating with other teachers leaves a trail of evidence.

Forgetting that your school (and personal) email account is a public record and will show your "true colors" is a regretful mistake.

Thinking that this will all go away and things will just be "Fine"

... We've seen the commercial

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