Vermont Homeschooler Needs Urgent Help!

Tonight (September 13, 2002) at approximately 6:00 p.m. the home of Patricia O'Dell's ailing mother was surrounded by state police, SRS agents and local police the same way the Gonzales house was surrounded in Florida a few years ago. Patricia informed them they could not enter the home without a warrant. While the house remained surrounded these stormtroopers went and got their warrant and then kicked in the back door.

Patricia was visiting her ailing mother who was just recently released from the hospital. Patricia's mother was summarily threatened with pepper spray and Patricia was dragged from the house by the hair and thrown into a police car. The stormtroopers then ransacked the house in search of Patricia's homeschooling children, terrorizing all who were there.

Patricia and her family were visiting from Connecticut where they have been living since last fall. The reason for the visit was to care for her seriously ill mother. Three of Patricia's four children were dragged kicking and screaming from the house and thrown in awaiting vehicles. They are now being held prisoner within the SRS system where children have been known to be neglected, abused, sexually abused, raped and God knows what else. Her oldest son is in hiding.

Patricia is devastated. Her family has been ripped from her and Patricia has been physically brutalized by the state and local police. Patricia is desperate for help. This state is out of control here!

Patricia is being arraigned in Family Court in Bennington at 8:30 a.m. on Monday, September 16, 2002. The court is located on Memorial Drive in Bennington, Vermont.

WE NEED HOMESCHOOLERS, MEDIA MEMBERS, LAWYERS, LEGISLATORS AND CONCERNED CITIZENS THERE TO SUPPORT PATRICIA AND TO MAKE CERTAIN SHE IS NOT RAILROADED THE WAY KAREN MAPLE WAS THREE YEARS AGO! (Karen was exonerated by the VT Supreme Court for the same charges being brought against Patricia!)

BE THERE WITH CAMERAS, SIGNS, FLAGS, HORNS, WHISTLES AND FRIENDS! We need to be heard, once and for all, by these out of control state officials who think our children belong to them.

PATRICIA NEEDS A 'REAL' LAWYER!!!--not some law school flunky assigned to her from Legal Aide who works for the state. Karen Maple was assigned a court lawyer and she ended up in prison for 14 days!

PATRICIA NEEDS SOMEONE TO TAKE STILL AND VIDEO PICTURES of the damage done to her mother's home when the stormtroopers broke in and ransacked it.

Representative Neil Randall (802) 222-5952 (Libertarian who helped Karen Maple) Senator Hull Maynard (802) 773-2087 (Senate Education Committee) Senator John Crowley (802) 438-5500 (Senate Ed. Committee & lawyer) Bennington Banner (Newspaper), 429 Main Street, Bennington, Vermont WCAX-TV (802) 658-6300

If I do not immediately respond to your emails it is because I am having difficulty with my server. Please feel free to pass this info along.

Dear Fran: Homeschool Mom Patricia O'Dell Ripped The VT DOE A New One!

Dear Fran:

I've been going over Patricia's hearing in my mind these past few days but haven't been able to put anything down in writing except the article I did. I've been trying to help her get into some sort of housing for the winter and that has me side-tracked. I thought I'd start to write down what I remember in a few emails to you just to get me started and then I can eventually work that into some sort of report later. The Hearing Officer used a tape recorder for the meeting so there is an audio version of this meeting floating around somewhere. I'm sure a transcript can be obtained in the future.

Bruce Bjornlund, the Hearing Officer, wasn't going to let Patricia and I start the hearing with an opening prayer so we did anyway. I read the following and the only 3 people to say 'amen' after were myself, Patricia and Neil Randall.

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OPENING PRAYER

Jesus Christ, our Lord and Savior, we asked that you place your hand upon the shoulder of our sister, Patricia O’Dell, and stand with her throughout the following proceedings today. We ask that you give her courage to confront her accusers, understanding of their will to deny her and her children the peace and tranquillity they need to continue on their educational journey, and grant her the ability to forgive them their oppressive sins against her.

Jesus Christ, our Lord and Savior, we ask that you grant each and everyone in this room the wisdom to seek your guidance in these matters and that they, each and everyone, shall not falter to tell the truth as they testify before You and others here today.

Jesus Christ, our Lord and Savior, we seek your comfort for those who are here today who are still healing from these whirlwind times. Some of us here today felt the effects of a tyrant a half a world away on September 11th but Patricia has been hounded by a different tyranny for many months now. Grant them all peace in their hearts and the ability to know when to support others, not tear them down. May they know the value of life’s little wonders and simple pleasures and may they make every moment with their children and loved ones count to the fullest.

In His name and in His glory,

Amen

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Bjornlund wasn't going to allow us to have anyone place their hand on the Bible either when they swore in so only Patricia, Neil and myself did that. The Bible sat on the table the entire time in plain view and I also placed a small American flag on the table since there were none in sight in the room or anywhere else in that building that I could see.

Right off I questioned David Wolk's signature on the hearing notice letter sent to Patricia and dated October 5, 2001. It was illegible and looked forged to me so I questioned its authenticity. I told Bjornlund it appeared to look like the same sort of writing I'd been seeing on the 6:00 o'clock news on the bombed out walls in Afghanistan. After much debate Barbara Crippen finally spoke up and vouched for Wolk and that it was indeed his signature.

Bjornlund proceeded to tell Patricia that the 'burden of proof' was on her to establish she was able to provide her children with a minimum course of study. I presented Bjornlund with a copy of Patricia's course of study and a copy of her parental report that she sent in with her re-enrollment. The course of study goes far beyond the minimum and that seemed to be a problem for those in the room. They were concerned that Patricia's 'standards' and 'expectations' for her children were too high! Say what?!

Others in the room were Natalie Casco (DOE), Barbara Crippen (DOE), Neil Randall (state rep), Graig Kelly (DOE), Charles Hurt (Supervisory Union lawyer) and eventually Chris Bonavita (spec.ed.), Karl Anderson (lawyer), Kathleen Kelz (spec.ed.), and Pam Spinney (DOE). Lori Ableson (spec. ed.) was on speaker-phone.

Patricia was able to tell her side of the story first. She was good. She was darn good and didn't appear to be intimidated by all the suits. She'd encountered many of these people before through the special education program and seemed determined not to let them railroad her and her children anymore. She'd caught so many of them in their lies that she even confronted them about it. Patricia also made is clear to them she was not happy with the mistreatment she and her children have received from these people in the past.

Chris Bonavita was the first to testify for the state. She came into the room with her lawyer, Karl Anderson. She wouldn't swear in with her hand on the Bible so Patricia and I left the room during her testimony in protest. After Bonavita testified we came back into the room and Bjornlund asked if we had any questions for her. Patricia asked Bonavita how long she had Patricia's children in her special ed. classes at Fair Haven. Evidently Bonavita only had the children for 11 school days but could make a judgment based on that short amount of time. Since we had made our point about the swearing in we stayed for the remaining testimonies.

Crippen kept insisting that Patricia agreed to have her children assessed this summer but never followed through. According to Crippen the assessment was to be a part of Patricia's re-enrollment. I have to reread the agreement that was signed back in April but Patricia and I were under the impression that this 'assessment' was something 'separate' from any regular re-enrollment notification to the DOE. Patricia also testified on the 20th that she signed the agreement with Eric Parker 'under duress'! This was a thorn in the side for Crippen and Bjornlund. They accused me of 'coaching' Patricia into saying it but we already had that term in writing prior to this meeting and Crippen demanded that Patricia tell her what the word meant. After some discussion Patricia was allowed to look the word up. This created another thorn for Crippen.

Crippen had a cow when I tried to help Patricia find the word in the dictionary. They accused me of 'coaching' her again. That is when Patricia ripped Crippen a new one and told her the state was of accusing her of not knowing how to read or write so how did Crippen expect her to find the word in the dictionary? When Crippen denied that, we showed Crippen AND Bjornlund the hearing letter and page 2 that read:

"Patricia O'Dell is listed as the sole instructor for the home study program. During the years that your children attended public school, public school staff observed that Mrs. O'Dell was limited in her own abilities to read and write. In addition, the home study curricula that Mrs. O'Dell submitted for the 2000-2001 school year were replete with spelling, punctuation and grammatical errors. Accordingly, I have a significant doubt as to your ability to provide instruction in a minimum course of study, as defined in 16 V.S.A. Section 906."

Patricia also ripped them about the high school diploma that she received from Mt. Anthony Union High School. If she is so stupid then why did they give her a diploma. She was under the impression she was smart enough for them to give her the diploma but if they think she's too stupid to homeschool with only a high school diploma then evidently they failed in teaching her anything. Patricia questioned them about the requirements for a parent to homeschool their own children. There are none. A parent doesn't even need a high school diploma in Vermont to homeschool their children.

Patricia found the word 'duress' in the dictionary and agreed that she definitely signed the agreement with Eric Parker 'under duress'. She understood every word in the definition including the word 'coerced'.

Patricia explained to Bjornlund that there were several reasons she never completed this assessment. Number one, there was never any set date that this assessment had to be completed by.

Number two, the state mandated she use a certified public school teacher or a private school teacher. Patricia could not find one who was willing to perform the assessments for free since she was living on a fixed income and the state made no mention of paying for these services.

Number three, the state mandated that Patricia have the children assessed at certain locations. Patricia and her family have been virtually homeless since their home in Fair Haven burned to the ground 3 days after Christmas last year (2000). They have been forced to live with relatives, friends or at motels. Patricia has also been working on selling her destroyed property in Fair Haven through a Realtor and using that income to purchase a new lot in S. Newfane, VT. The new property has taken up much of her time and income in preparation for winter. Besides needing to have the present structure torn down after years of vandalism she and her husband are in the process of getting another mobile home onto the property. The new structure needs to be winterized and readied for the family. Meanwhile, the new school district and local government keeps trying to place her under their thumbs.

Crippen accused Patricia of receiving all kinds of income from supporters and other homeschoolers and that she had no excuse for not being able to afford the assessments. I explained to Crippen that any money that was donated for Patricia's cause was used for specific things such as food, clothing, travel, and homeschooling materials. Many other donations came in the form of clothing, food, toys and homeschooling materials. Eric Parker's services were provided to Patricia at no expense. I'm not sure who picked up the tab on that. Patricia also pointed out to Crippen and the others that in case they hadn't noticed Eric Parker was NOT there in the room with her. She told them her impression of this 'assessment agreement' was intended to be a 'quick fix' for the DOE and Mr. Parker. The media and public were bearing down on the DOE at the time and they simply wanted an easy way out of the hole they dug for themselves. Patricia's case is so similar to Karen Maple's case in so many ways it was easy to see why the DOE was panicking.

Jumping ahead just a bit, Bjornlund claims he has never heard of 'Kerry' (Karen) Maple or her case. I find that hard to believe unless he just moved here or he is completely sheltered from the news in this state. Even Crippen and Casco feigned ignorance of Karen Maple's Supreme Court ruling in May 2000. I found that all quite amazing.

It was also explained to those in the room that Patricia had the good sense to acquire (free) secretarial services to help her with her enrollments, other correspondence and homeschooling. None of them seemed happy with the fact that others were willing to help Patricia and her children in any way they can.

Kathleen Kelz, Chris Bonavita and Lori Anderson have all NOT seen Patricia's children in over one and a half years. Natalie Casco, Barbara Crippen and Pam Spinney have NEVER met Patricia's children. They have no idea how far Patricia's children have progressed with homeschooling in the past two years. Patricia has had to do lots of remedial work with the older ones that were in school. These people complained about the sporadic attendance record and behavior problems of Patricia's children while they attended school. It was brought to their attention that Patricia's children have a perfect attendance record in their homeschool and that none of them have any signs of behavior problems in their homeschool.

Kathleen Kelz, a special ed teacher at Molly Stark Elementary School in Bennington, testified she taught Patricia's son, Andrew, phonics. Kathy Kelz also testified that she had Patricia's daughter, Samantha, in her special education classes and that she was teaching Samantha. That came as a surprise to Patricia since Samantha was never on any IEP and Patricia never agreed to place Samantha on any IEP or in special education classes. Somehow I suspect that what Kelz did is illegal.

Natalie Casco was asked by me what the consequences would be if Patricia decides not to re-enroll her children in the state's home study program. Casco's response was that Patricia would be considered truant. I asked Casco to read the definition of 'truant' in the dictionary. The definition is: 'a pupil who stays away from school without permission'. I pointed out to Casco that Patricia's children have her permission to stay away from the public school. Even my children have my permission to stay away from public school. Casco also informed us that the DOE has no control over truancy, its a matter that belongs to the local schools.

At some point in our discussions Bjornlund was shocked to find out that my two children sitting in on this meeting were NOT enrolled with the DOE. He said something to the effect that I just told him this on tape and that I must be breaking some sort of law. Natalie has known for many years about this but like she said, it is a local matter. I honestly think the DOE throws the truancy issue into the parents' faces as an intimidation tactic. In Patricia's case it isn't working and that frustrates them because it is one less way of controlling her. My suspicion is that Patricia's children are still on the school roles somewhere and unless the DOE can get Patricia to agree to keeping them on IEP's and forcing the other two onto IEP's those schools will either have to pay back the state and federal (and possibly Medicaid) funds and will no longer receive the thousands of dollars for them.

Finally folks, we can lay to rest any rumor that Casco never registered her children with the DOE when she was homeschooling. Casco testified under oath that her children have ALWAYS been enrolled with the Home Study program from the time she started homeschooling them to the time she stopped homeschooling them, including before she started working at the DOE.

Casco and Crippen were unaware of any state or federal law that requires the schools to offer special ed services but parents weren't required to accept them. Seems to me that issue was argued before the VT Supreme Court in the Karen Maple case. They claimed they weren't familiar with Karen's case before the Supreme Court. Of course, when we tried to ask questions of Casco (especially Casco) or the others Crippen was jumping in all over the place objecting to this and objecting to that. When Patricia tried to object to any thing being said about her that appeared to be lies Bjornlund kept shutting her up and told her she had to wait. There was definitely a double standard going on in that room.

It was difficult to try to establish anything with the constant objections and interruptions by Crippen and Bjornlund but we managed to get a few questions in and show that Patricia was providing what the state called a minimum course of study and more. We tried to establish that Casco has a tendency to base the decisions she makes at the DOE on her personal feelings. You'd thought she'd seen a ghost when I asked her if she knew who Jill and Alan Hayes were. Casco had informed us that the decision to allow a homeschool enrollment to go through was entirely hers. That is quite a bit of power for just one person to have especially when that person has been known to sign her name to letters ostracizing homeschooling families within her own church and sending religious materials through the DOE mailings to homeschoolers.

Spinney, the DOE special ed 'triple E' monitor, testified that 'learning impairment' is the equivalent of 'mental retardation' and that learning impairments NEVER go away. She also said that IQ's can NEVER be raised. She diagnosed Patricia's children as mentally retarded by simply reading the IEP's, psychological reports and assessments and because she believes EVERYTHING that is written in them. She has NEVER met Patricia's children and had only met Patricia at this meeting. Lori Ableson later testified over the phone that 'learning impairment' was NOT the equivalent of 'mental retardation'. Now I ask you, do either one of them know what they are talking about?

At times when you just sat and listened to these folks talking among themselves you could swear they were speaking an entirely different language with all their edu-babble and educationese lingo. It was amazing to see how locked into their own little world of forced public schooling they were. They had no clue that there is a whole other 'real world' out there, one that has a Constitution that protects people and parents like Patricia from people like them.

At the end of the meeting Patricia wanted a statement read to the group and placed on record. I'll include it here but I must tell you that about half way through this statement Bjornlund once again interrupted (I assumed because he didn't like what he was hearing--I'm not sure but he may have mentioned his wife is a school teacher) me and wouldn't let me finish. That is when Patricia proceeded to chime in and rip Bjornlund a new one. She went up one side and down the other of all of them in the room. She was great! I simply sat back and let her rip. She must have gone on for about five minutes. When she finished Bjornlund asked if I wanted to continue. I told him I thought Patricia did a pretty good job of it and there was nothing I could possibly add to what she just said. I placed the statement back into my folder. The following is the signed statement that was also distributed to the press after the meeting:

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20 November 2001

Patricia O’Dell/News Conference

Spokesperson/***** ****, Home Education Advocate

Statement:

As you stand in the rotunda of the Thomas Jefferson Memorial in Washington DC one is inspired by his words:

“I have sworn upon the altar of God eternal hostility against every form of tyranny over the mind of man.”

Patricia O’Dell too has vowed to fight those who would deny her children an education.

It is with a brave heart that Patricia O’Dell confronts her accusers who have chosen to deny her her constitutional and God-given parental rights. It is with determination that Patricia O’Dell will go forward and homeschool her children without the interference of Vermont Department of Education tyrants who have failed her children enormously.

Unlike hundreds of other non-compliant homeschooling parents here in the state of Vermont, Patricia has given the Vermont Department of Education and its public schools the courtesy of enrolling her children in the state’s home study program. With this enrollment however, she has discovered that certain individuals within the Department of Education and the public schools have accepted her signature on the enrollment notification as permission to abuse their authority to the extent of harassment, torment and persecution of Patricia and her children.

Patricia O’Dell will no longer tolerate being singled out for harassment and abuse by those working at the Department of Education Home Study Unit and by those working as special education instructors in the public schools. She will no longer tolerate the abuse and persecution of public school administrators and will do every thing in her power to protect her children from these people.

Patricia O’Dell will work diligently to keep her constitutional and God-given parental rights in tact while she continues to homeschool her four children without interference from state and school officials.

Patricia O’Dell hereby officially withdraws her consent for any school district or supervisory union in which her children reside, in the state of Vermont, to submit claims to Medicaid for payment of cost for any special education and/or related services. She understands that it is her right to withdraw her consent at any time in writing and has done so with letters to the Newfane Elementary School, Leland and Gray High School and the Vermont Department of Education.

Patricia O’Dell will not accept any special education services for her children at this time and has the right to do so according to law. She cannot be forced to accept those services which her children are eligible to receive.

Patricia O’Dell has signed and submitted copies of the Hatch Amendment Letter to members of both schools in her district opting out of any and all instruction by members of those schools.

This summer Patricia O’Dell was required, under duress, to meet the demands of the Department of Education to have her children assessed by a certified public school teacher or a private school teacher in order to gain favor of a hearing officer and DOE lawyer, Barbara Crippen. These were demands that Patricia was expected to pay for out of pocket and demands that the Department of Education knew full well Patricia would have difficulty meeting. These demands were also requirements that are not required of other homeschoolers. Patricia continues to search for someone suitable to perform the assessments but meanwhile re-enrolled, in good faith, with the Department of Education Home Study Unit because she knows of their penchant for truancy accusations.

Patricia O’Dell would like to see the investigation into the possibility that her children’s former, and possibly present, school has accepted and used state and federal moneys earmarked for her children although her children have not been in attendance of that school for quite some time. She would also like to see an investigation into whether her former school has accepted Medicaid moneys AND school budget moneys for the same purpose.

Patricia O’Dell seeks a written and public apology from Education Commissioner David Wolk, Department of Education Lawyer Barbara Crippen, ALL members of the Vermont Department of Education’s Home Study Unit including Natalie Casco, members of the Fair Haven Elementary School and from members of the Molly Stark Elementary School for their false accusations against her and for their mistreatment of her and her children.

(signed by Patricia O'Dell)

Patricia O’Dell News Conference 20 November 2001

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As I remember details about the meeting I will send them along. Feel free to share this information with others if you like.

Meanwhile, Patricia and her family are trying to get their new home established. They are in need of some help and could use some winter clothes for the children, food (especially canned & dry goods), household supplies such as furniture, bedding, dishes, appliances, lumber and building materials, wood for a woodstove, educational toys and homeschooling supplies, ESPECIALLY A COMPUTER AND EDUCATIONAL PROGRAMS FOR IT. The children range from 7 years to 15 years (Andrew 15, Samantha 13, Annie 10 and Elizabeth 7).

Patricia new mailing address is: Patricia O'Dell, P.O.Box 63, E. Dover, VT 05341.

If anyone would like to donate a few dollars here and there in a Christmas card for her please feel free to send it along. Please remember they lost their home to a fire a year ago only 3 days after Christmas and the children witnessed it all, including the loss of their pets. Patricia is determined not to go on welfare and has managed to keep from having mortgage payments on her new property. Quite an accomplishment if you ask me. Think of the money we all spend on interest.

God Bless and stay well.

With kind,

***** ****

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