WAVE 01-16-17

Rumor mill prompts found.
search of autistic
Then Kyle emptied his pockets
student: Did it go too far? and lifted his shirt, as directed by
the principal, to show he didn’t
The search of an autistic student have a weapon.
may have crossed a line, so the
Third Circuit Court refused to dis- But at some point during the
miss the boy’s lawsuit. search, the principal allegedly
touched and crowded Kyle, and
School officials at Hollidaysburg he reacted.
Area High School in Pennsylva-
nia knew that Kyle Salyer had He suffered injuries, including a
autism and got extremely agi- fractured kneecap, bruises and
tated when people touched him cuts.
and/or invaded his personal
space. Kyle filed a lawsuit claiming the
search was illegal. The suit al-
Does he have a knife? leged the principal “touched” and
“hit” Kyle during the search and
In 2015, Kyle was searched as “slammed him to the ground.”
part of an investigation prompted
by rumors that he brought a knife
to school to stab a classmate.

In 2015, Kyle was searched as
part of an investigation prompted
by rumors that he brought a knife
to school to stab a classmate.

First the principal searched
Kyle’s locker. No knife was

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The lawsuit also included state Principal Confiscated The case was passed up to Ken-
tort claims against the principal Students' Cell Phones tucky State Police, who were
and sought damages for his in- Like Many Teachers Do— able to track down the IP address
juries. But He Had a Sickening of the person who posted her pic-
tures to the “anonymous” image
The case reached the Third Cir- Reason board, according to WDRB.
cuit Court which refused to dis-
miss the claims. January 9, 2017 It was none other than her high
Independent Journal Review school principal — Stephen Kyle
Kyle stated a plausible claim that Goodlett.
the search might’ve gone too far, A former Kentucky high school
the court explained. principal has landed in hot water Police obtained a search warrant
after he was found to be involved for Goodlett's devices, and what
Even though the principal knew in “an unprecedented situation” they uncovered was sickening.
Kyle had autism and was sensi- that rocked the small community
tive to touch, something triggered of Elizabethtown. Goodlett, 36, had roughly 60
the boy during the search – so
much so that he suffered serious
injuries. That needed to be ex-
amined by a jury, the court ex-
plained.

Likewise, the court refused to
dismiss the tort claims because
questions remained about
whether Kyle’s constitutional
rights under the Fourth Amend-
ment were violated.

The claims had to move forward. It began in September when a pornographic images of children
So the school now faces a costly 20-year-old woman told police on his computer, according to the
lawsuit – or a hefty settlement. that she found photos of her 15- police.
year-old self on a Russian web-
Salyer v. Hollidaysburg Area site for trading pornography, Police located photos of his for-
School Dist., No. 3:16-57, 2016 according to Wave3. mer students and images of a
WL 5376218 (3d Cir. 9/26/16) young girl aged 10-14, who was
The horrified woman told Eliza- identified by the National Center
bethtown police that the photos for Missing and Exploited Chil-
were originally taken for her high dren.
school boyfriend.
When questioned about the im-
She had no idea how the images ages, Goodlett admitted that he
could have ended up online — stole them from cell phones that
but police would soon find out. he confiscated from students.

3

In a criminal complaint obtained This isn't the only nude cellphone Bus driver fired after
by WDRB, Department of Home- photo incident to make headlines leaving 6-year-old girl on
land Security Special Agent, this week. A Tennessee father highway: 'We may have
Brady Oberholtze said: faced major backlash for choking
his teenage daughter after she never seen her again'
“Goodlett admitted to KSP that took nude cellphone photos of
he had an addiction to pornogra- herself. He was arrested on child January 7, 2017
phy and that he transferred im- abuse charges.
ages from phones confiscated A substitute bus driver for a
from students to his personal Teen “sexting” is a growing trend, Georgia public school district
thumb drive without their consent according to NoBullying. was fired after she left a kinder-
or knowledge.” gartner on the side of a busy
Statistics show that roughly 24% highway on her own, despite
According to the complaint, of high school students are send- what her family says was the
Goodlett would then trade the im- ing fully or partially nude photos child's apparent explanation that
ages in exchange for more child to their classmates. she was supposed to go to an
pornography. after school program.
Parents are recommended to
Goodlett was arrested in October talk to their children about the
and immediately fired from dangers of taking these nude
LaRue County High School. The photos. Otherwise, they could
school district's superintendent, end up in some very wrong
Sam Sanders, called the incident hands.
“an unprecedented situation,” ac-
cording to Crime Watch Daily.

On Wednesday, Goodlett was Little Julianna Pimentel was
brought up on federal charges of found by motorist Jane Holmes
possessing and transporting on a section of Georgia State
child pornography. He could face Route 20 in Canton trying to get
up to 25 years in prison if con- to her day care at about 3 p.m.
victed on all charges. on December 16, she told Insid-
eEdition.com.

"I see this little girl running—
she's running, she's walking and
she's crying," Holmes, a private
investigator, said. "It's one of the
busiest highways in Georgia."

Holmes made a U-turn on the
road to help the child, pulling
alongside another vehicle that
had stopped to see what was
going on.

4

"We pulled up to her and she you live?' My daughter said 'we day, but the termination was
looked at us kind of leery," live in the little blue house,'" Pi- backdated to the day of the inci-
Holmes said. "I said, 'what's mentel said. "She found the dent, a spokeswoman for
wrong sweetheart?' and she ran house and stopped in front of it, Forsyth County Schools said.
to me." but my daughter told her she
needed to be dropped off at after She had worked for the district
Holmes' dashboard camera cap- school. The woman escorted her since 2013 and had no prior inci-
tured the exchange, during which off the bus and took off." dents on her record, the spokes-
the child cried: "I lost my family woman said. There are no
because the bus took me to my Holmes brought the terrified child cameras located on the district's
house and nobody was there." to the Forsyth County Sheriff's school buses.
Office, where police were able to
Julianna's family said was sup- locate her parents through the "Our school resource officer and
posed to be left at a day care she school district. principal met the parents and
but was dropped off near her child at the sheriff's office when
family's home, located in a deso- "My wife calls me — devastated, they were reunited," spokes-
late area along the highway. crying — saying, 'they found Ju- woman Jennifer Caracciolo said.
lianna... they found her on the "The principal, transportation di-
When she saw that her home's side of the road,'" Pimentel said. rector and superintendent have
front door was locked, Julianna been in contact multiple times
tried to walk to day care, which Though procedure may vary with the parents from 12/16 to
the bus had apparently driven by from district to district, Georgia this Wednesday. Our transporta-
on its way to the house, Ju- State protocol dictates that bus tion director and HR director
lianna's father, Gilberto Pimentel, drivers must keep children on a have contacted the PI that lo-
told InsideEdition.com. bus if no parents or approved cated the child multiple times."
persons are present to collect the
"I got a text from the day care child, unless written permission Julianna returned to school after
stating Julianna's bus had notes otherwise. the holiday break, but is too
passed and I have this gut feel- afraid to get on another school
ing that something wrong was "If the parent is not at home, bus, her father said.
happening. They told me they NEVER leave a child home
were waiting for her outside," Pi- alone without written permission
mentel said. "And what drives from the parent. Notify the trans-
me crazy is the school bus driver portation office that you will con-
acknowledged the lady from the tinue on your route and return the
day care standing outside, but child after the route," The Geor-
she never stopped." gia Department of Education
Pupil Transportation Division's
He said he and his wife signed a school bus driver training manual
form in the beginning of the notes. "If the second return fails,
school year instructing the bus to then bring the child to the trans-
bring their daughter to day care, portation department so that
not to their home as both parents arrangements can be made to
work during the day. get the child home."

"After she passed the day care, The bus driver, 48-year-old Shel-
[the bus driver] asked, 'where do ley McKinley, was fired Wednes-

5

"She's terrified. She says, When an employee get a “New”
'mommy, I don't want to be by vehicle they will need to update
myself.' We have the daycare the Google Form. If your current
picking her up, but it's temporary. vehicle goes in for service and
I'm looking for a permanent solu- you are using a loner vehicle you
tion," Pimentel said, adding that can transfer the permit without
he shares his daughter's fears. notifying the district security de-
"The transportation system... partment, which will oversee the
they lost my trust. She could've program.
been hit by a car, she could've
fallen into a ditch, somebody If a parking permit is lost or
could've picked her up saying, 'I'll stolen it is the employees re-
take you to safety' and we may sponsible to contact the security
have never seen her again. I department and notify them as
can't sleep thinking about all the soon as possible. A replacement
bad things that could have hap- tag will be issued with a new
pened." number.

Holmes agreed, saying she was New Jersey Bill No. 2439 New Jersey Bill No. 2439
happy to have been the one who Student Parking Permits
found Julianna. Part of the new law passed by
the New Jersey Senate is that all In keeping with the new state
"This is how missing persons schools within the state must law, all High School students
cases start," Holmes said. "In my maintain a parking decal or tag who drive to school will be issued
job, I see the evil in this world; I system for all staff and students the above parking decal.
see the heartache and the who park on school grounds in
headache... and this could've order to easily identify unautho- This parking decal must be prop-
been much worse." rized vehicles on the property. erly displayed on the vehicles
rear window. It can be affixed to
Pimentel noted his family is con- All Long Branch Public School either the left or right side on the
sidering pressing charges employees were asked to fill out lower corner. The entire permit
against McKinley. a Google Parking Registration must be clearly visible for secu-
form. Requested was your name, rity or law enforcement officers.
"She was an adult and she acted cell phone, make/model/color of
completely wrong," Pimentel your vehicle and the registration.
said. "I don't know what made If you own more than one vehi-
her drop off my daughter without cle, please list all vehicles that
even thinking twice. I just don't you drive to work.
understand."
Employees will receive one (1)
parking permit that you can
transferred between the vehicles
you register. Motorcycles need to
be registered but will not have to
display the tag.

6

Sharpen Your Judgment and you’ve been suspended,” use that word. “
said Tracey.
“You wanted to see me?” teacher “I don’t believe this,” Mickey
Mickey Major asked as he “What for!?” Mickey asked. ranted. “How about using some
walked into Principal Tracy Day’s common sense and looking at
office. “Come on, Mickey,” Tracey the way I used the word? I seri-
added. “You used the N-word ously expected a pat on the back
“Yes, come in,” Tracey said. “I while I was observing your class. about how I handled the situa-
wanted to talk to you about my You know that violates our pol- tion. If you let things like that go,
observation of your class.” icy.” it causes an unsafe school envi-
ronment. Then we’d have issues
“Pretty good stuff, huh?” Mickey “But it was a with bullying, fights and such!”
asked with a smile. teachable moment”
Mickey stormed out of the office.
“Actually, we have a problem, “No, no, no!” Mickey argued. Then he contacted his union rep-
“You’re making it sound like I said resentative an attorney and filed
it in an ugly way. That’s not what suit, alleging the suspension vio-
happened and you know it!” lated his speech rights and the
policy was unconstitutionally
“I intercepted a note that two stu- vague.
dents were passing back and
forth,” he went on. “The N-word Did the court agree?
was in the note, so I took the op-
portunity to talk to the class ANSWER ON PAGE 11
about why it’s not appropriate to

7

UNFOUNDED BOMB Gateway School District News that the school police offi-
THREAT PROMPTS allowed to have armed cers will be sworn in Wednesday
CANCELLATION OF guards after winning and the plan is for them to start
CLASSES AT NOTRE carrying guns in schools Thurs-
DAME HIGH SCHOOL IN appeal day.
SHERMAN OAKS
MONROEVILLE, Pa. - After win- “We believe it’s our duty to do
January 9, 2017 ning an appeal Tuesday, the everything within our power to
ABC News Gateway School District is now adequately protect the students,
allowed to have armed guards the teachers and the staff of the
SHERMAN OAKS, Calif. (KABC) patrol the hallways of the dis- Gateway School District,”
-- An unfounded bomb threat trict’s schools. Stubenbort said.
prompted the cancellation of
classes Monday at Notre Dame School board member Chad
High School in Sherman Oaks, Stubenbort told Channel 11
authorities said.

The anonymous threat was re-
ceived by the school via email at
5 a.m. and immediately reported
to the LAPD, according to Ingrid
Zelinger, an assistant to the prin-
cipal.

The incident prompted a "pre-
cautionary" search of the cam-
pus, at 13645 Riverside Drive, by
Los Angeles Police Department
officers. A robocall informed stu-
dents' parents of the matter.

No credible threat was found dur-
ing the investigation, police said.

The nearby 101 Freeway's east-
bound and westbound ramps
were closed at Woodman Av-
enue during the search; the Cal-
ifornia Highway Patrol issued a
SigAlert that was canceled as of
9:30 a.m.

Classes are expected to resume
Tuesday morning, according to a
statement on the school's web-
site.

8

He said all but two school board Tuesday.
members supported the plan.
Stubenbort said 13 officers have While many school districts rely
already been hired, with the goal on police officers from local de-
of adding six more to cover all partments to come in and patrol,
seven school buildings. the Gateway School District will
be one of the first in the area to
“The sad reality is schools are have its own armed police force,
soft targets if you look at any Stubenbort said.
events that have occurred.
Whether it's the big ones like
Columbine, or locally, you look at
Murrysville - Franklin Regional,”
the school board member said.

Judge Timothy O’Reilly earlier
this year denied the school
board’s request to arm officers,
writing, “I do not believe the cre-
ation of an independent private
force of police officers is a good
idea. Further, giving them full po-
lice power, including arrest and
citation powers, can lead to
abuses.”

The Allegheny East Chapter of
the NAACP also objected, argu-
ing that the armed force would
create a pipeline for children to
be funneled into the juvenile-jus-
tice system.

Stubenbort disagreed with that
assessment.

“These are trained professionals.
These are individuals that have
had 20-25 years’ service in the
Pennsylvania state police. You
know, the director is an African-
American himself, and we plan to
run this as a professional depart-
ment,” he said.

Judge Jeffery Manning over-
turned O’Reilly’s decision on

9

10

Sharpen Your Judgment the policy. The start of a new
The Decision school year is the perfect time to
go over school policies to spell
The court backed the school and out what is – and isn’t allowed.
principal Day.
Cite: Brown vs. Board of Educa-
First, the court explained why the tion. Dramatized for effect
speech claim failed. Public
school educators’ speech is af-
forded First Amendment protec-
tion only if the person speaking
on a matter of public concern.
That wasn’t the case here, as it’s
well established that teachers’ in
class speech is made pursuant
to their official duties – and is not
protected.

Next, the court rejected the claim
that the policy was unconstitu-
tionally broad. The court opined
that Mickey’s real frustration with
the policy was that it did not “dis-
tinguish between using the word
in an educational manner from its
use as a slur directed toward a
student.” But just because he
disagreed with the policy didn’t
mean it was impermissibly
vague, the court explained.

The court said Mickey’s frustra-
tion was understandable, as the
school “may have acted in a
short-sighted way by suspending
him for attempting to educate
students about a sensitive and
socially important issue.” But
frustration isn’t legally actionable,
so his case was dismissed.

Analysis: What’s in your policy?

How well do your staffers know
the policy? This whole mess
could’ve been avoided if the
teacher hadn’t misunderstood

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