Fred Morton, Henrico’s Superintendent of Schools, has charged Ms. Lucas with insubordination and suspended her as a result of it due to her voicing her concerns regarding the racist and unresponsive pattern of actions that he and Diana Winston, Chair of Henrico’s school board, and the district’s administrators as a whole, have engaged in when dealing with educators, parents, and students.
UGOTNERVE has decided to issue disciplinary action against Morton for willful, repeated, unremorseful violations of district, state, and federal statues. None of which he has been disciplined for by the school board, in fact, they have rewarded him by extending his contract for one year so that he can “retire”, with no regard for his illegal, unethical, discriminatory, and retaliatory actions that EVERY board member is clearly aware of. Criminally, this makes them “accomplices after the fact.” Accomplices whose continued silence and unwillingness to act in the midst of Morton’s injustice is a crime that is equal to that of child molestation, rape, and murder. A crime for which they will be required to be accountable for by The United States Department of Justice and many other organizations that have been contacted to investigate their consistent failure to enforce and follow the law on behalf of ALL of the children, families, and educators within this district.
What can be said about insubordination?
We frequently use the term insubordination to imply that an employee has not complied with a request from a supervisor. Making a legal case of insubordination requires the employee to have full knowledge of his/her action. Just telling an employee to do something does not mean that the employee received the message, understood the message, or understands the consequences from not complying with the message. Legal insubordination cases require a much higher threshold of understood evidence than the common term of simple insubordination. Supervisors must understand that difference to prevail in cases of insubordination.
Other causes for discipline are generally easier to pursue and just as effective.
A charge of insubordination must show the following:
1. That the employee was given a clearly expressed direct order (preferably in writing, with a receipt of memo line signed by the employee and cc to personnel file).
2. That the employee understood the order given (acknowledged in the receipt of memo).
3. That the order was reasonable and work-related.
4. That the order did not place the employee in danger of his or her safety or health.
5. That the order did not violate public policy.
That the employee was informed of the consequences of not obeying the direct order. The employee must be told that failure to obey the order will result in discipline up to and including termination.
Retrieve from: http://www.softpanorama.org/Social/Toxic_managers/Legal_issues/insubordination_threat.shtml
While Morton’s claim of insubordination against Lucas cannot be legally substantiated for several fundamental reasons, claims of insubordination against him can be clearly documented by numerous parents, educators, and students, but we must remember that he is a white man in a position of power that does not feel as through he is accountable, nor is he being held accountable for his continued willful and shameless disregard of the law and discriminatory practices when dealing with every aspect of his role as superintendent. By continuing to employ him, this school board is committing political suicide.
The Virginia Board of Education clearly defines the role and responsibilities of the superintendents within the Commonwealth. Within its “Proposed Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Administrators, and Superintendents.” These guidelines were developed in an effort to promote accountability and educational quality at EVERY level of administration within our public schools.
Within its introduction, the criteria for evaluating superintendents is outlined as:
“The Board of Education shall develop guidelines for uniform performance standards and criteria to be used by local school boards in evaluating superintendents. These standards and criteria shall include, but not be limited to, assessing teacher and administrator skills and knowledge, improving student academic progress, providing for school safety, and enforcing student discipline.” (Virginia Code 22.1-60.1)
UGOTNERVE could stop right here and provide example after example of Morton’s violations of the above-referenced guidelines. Henrico’s school board is fully aware of these violations, but, once again, they choose to be “accomplices” to his actions through their silence and continued employment of Morton with no regard for its impact on our children, parents, or educators.
These guidelines go on to state specific expectations of the superintendent, which of course, many of which Morton has not only repeatedly violated, but totally disregarded in many instances, especially when dealing with students, parents, and educators of color.
The criteria is as follows;
The superintendent selects, inducts, supports, evaluates, and retains quality instructional and support personnel.
The superintendent identifies, analyzes, and resolves problems using effective problem solving techniques.
The superintendent actively supports a safe and positive environment for students and staff.
The superintendent effectively manages human, material, and financial resources to ensure student learning AND to comply with legal mandates.
The superintendent promotes effective communication and interpersonal relations within the school division.
The superintendent works collaboratively with staff, families, and community members to secure resources and support the success of a diverse student population.
The superintendent models professional, moral, and ethical standards as well as personal integrity in all interactions.
The superintendent works in a collegial and collaborative manner with school personnel and the community to promote and support the mission and goals of the school division.
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Virginia’s Code provides for specific qualifications regarding a division superintendent, which are as follows:
VAC20-390-10. Qualifications.
Division superintendents of county, town, and city school systems are required by law to be appointed from a list of eligible persons approved by the State Board of Education. To be placed on the list of eligibles, applicants must meet the following qualifications:
1. Personal qualities. Eligibility shall be limited to individuals whose records attest to good character and demonstrated ability as an educational administrator.
2. Education. The applicant shall have earned 60 semester hours of graduate work from an institution of higher learning accredited by the state accrediting agency and shall hold the Master’s degree or be pursuing a doctoral program approved by any such accredited institution.
The applicant shall have completed graduate work in the following areas: history or philosophy of education, courses designed to develop competence in supervision and curriculum development, administration, finance, law, plant, personnel management or school-community relations, research, or statistical methods.
3. Experience. The applicant shall have had at least five years of satisfactory and full-time experience in administration or supervision, or both, in public schools.* This experience shall have been acquired in the principalships or positions, or both, within the central administrative offices of the school division. A maximum of two years of this requirement may be met through full-time experience in the assistant principalship. Certification as to whether the applicant has served satisfactorily in full-time positions of administration or supervision, or both, must be mailed directly to the Department of Education by the division superintendent.
4. Recency of professional education or experience, or both, and status report. A portion of either professional education or experience, or both, shall have been within a period of four years immediately prior to the application. An individual not serving as a division superintendent is required to complete a status report every four years. The report should include current information about the individual, such as current position, professional growth activities, and other pertinent data. The Department of Education will request the status report early in the school year prior to commencement of the new term for the division superintendents.
5. Conditions. Superintendents in office in Virginia as of November 1, 1967, shall not be required to meet these qualifications as long as they serve continuously in such positions in the state.
Persons on the eligible list as of November 1, 1967, who did not meet the education requirement effective that day shall submit to the department official transcripts of graduate work in support of at least six semester hours beyond the master’s degree each two years thereafter until such time as they meet the new academic requirement. Any person who does not comply with this requirement will be removed from the eligible list.
*Comparable experience in accredited private schools or other educational systems may be accepted upon the recommendation of the Superintendent of Public Instruction and the approval of the Board of Education.
Statutory Authority
§§22.1-59, 22.1-60, and 22.1-70 of the Code of Virginia.
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VAC20-390-70. Explanation of school system; enforcement of school laws, regulations, etc.
Superintendents shall explain the school system and give information about it on all suitable occasions, and shall make certain that all school laws and regulations are strictly enforced and that the decisions of the Superintendent of Public Instruction and of the Board of Education are complied with. When such decisions are not complied with, the division superintendent shall inform the Superintendent of Public Instruction.
Statutory Authority
§§22.1-59, 22.1-60, and 22.1-70 of the Code of Virginia.
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8VAC20-390-80. Inspection and supervision of schools.
It shall be the duty of the division superintendent to visit and inspect each school in his division. He shall inquire into all matters relating to the management of the school, the course of study, method of instruction, and use of textbooks, and shall give particular attention to the conditions of the school buildings.
Statutory Authority
§§22.1-59, 22.1-60, and 22.1-70 of the Code of Virginia.
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8VAC20-390-90. Supervision of teachers.
The division superintendent shall see to it that teachers discharge faithfully the duties assigned to them, and any neglect or violation by teachers of any of the laws or regulations shall be promptly reported to the school board with recommendations for appropriate action.
Statutory Authority
§§22.1-59, 22.1-60, and 22.1-70 of the Code of Virginia.
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8VAC20-390-100. Condemnation of school buildings.
The superintendent shall have authority to condemn school buildings, as provided by law, when such school buildings are not safe and may endanger the health of pupils.
Statutory Authority
§§22.1-59, 22.1-60, and 22.1-70 of the Code of Virginia.
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8VAC20-390-110. Promotion of improvement and efficiency of school personnel; promotion of appreciation, etc. of education.
It shall be the duty of superintendents to promote the improvement and efficiency of teachers and other school personnel by all appropriate methods. They shall also endeavor by all appropriate means to promote an appreciation and desire for education among the people.
Statutory Authority
§§22.1-59, 22.1-60, and 22.1-70 of the Code of Virginia.
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UGOTNERVE is sharing this information with our readers so that you can be educated and empowered in order to take action in holding Morton accountable and supporting efforts to remove him and the present school board members that condone his actions as he continues to deprive our children of the financial and human resources that they need in order to be successful.
Morton carries out his spree of injustice and terrorists acts against students, parents, and educators with the sole purpose of satisfying his own personal agendas, no matter what the cost is for our children.
Their educational futures, their lives, their well being do not concern him as he wrecklessly and heartlessly misuses the authority that we gave him to be used as a “tool” for building our children, families, educators, and district up. Instead, he has resorted to the cowardly act of using his authority as a “weapon” for targeting those that hold him accountable and ignorantly promoting those incompetents that follow him blindly to the detriment of our children (innocent victims) and schools. It is a form of “terrorism” within our district.
Terrorism is defined as, “those acts which are intended to create fear (terror), are perpetrated for an ideological goal (as opposed to a lone attack), and deliberately target or disregard the safety of innocent victims.”-wikipedia.com
Terrorism that seeks to silence justice, equality, and compliance with the laws of the land. Terrorism that will destroy anyone that dare “plan”, “write”, or “speak” against its unjust, incompetent, and cowardly leader. Terrorism whose sole purpose is to steal the promise of the future, kill the freedom of the spirit, and destroy any pursuit of excellence that does not accept mediocrity as the norm. It is the worse type of terrorism because the terrorism that Morton promotes targets the most vulnerable among us, our children.
Henrico’s citizens can no longer continue to fund the terroristic acts that are committed within Henrico County Public Schools under the leadership of Fred Morton. As citizens, parents, stake holders, and more importantly, and defenders of the laws of this land which promise equality, freedom, and justice, we must join in the collective effort to remove Morton and any supporting board members that condone these acts of terrorism that are destroying the futures of our children. We can no longer permit this superintendent to blatantly and arrogantly violate the laws that we hold so dear as protection for ourselves and our children. He cannot arbitrarily send school officials to personal residences like the Gestopo, nor can he make illegal directives and demand compliance or destroy an individual for not complying like Saddam Hussein.
Morton cannot continue to illegally promote incompetent individuals, block the hiring of competent persons due to his “blacklisting” them, require that documentation be falsified or disregarded, or heartlessly ignore the horrific conditions for which our children and educators must exist unless a news reporter’s camera is put in his face, forcing him to concede to millions what hundreds have voiced for months.
Frederick S. Morton IV MUST be removed immediately if we are to save our district from further ethical, moral, and legal degradation. In the event that the school board continues to hesitate in carrying this action out, then by the next school board meeting on May 29, 2008, Henrico’s parents, educators, and community leaders must be willing to confront them by the masses, demanding their resignations and if need be, forwarded the necessary documents to have them removed.
The time is NOW to expose these issues of PUBLIC CONCERN!
The educational, social, psychological, and emotional neglect of children is an issue of PUBLIC CONCERN!
The abuse, retaliation, silencing, discrimination, and mistreatment of public educators is an issue of PUBLIC CONCERN!
The continued disregard, covering up, deceiving, and silencing of our parents is an issue of PUBLIC CONCERN!
As Dr. Vines, Henrico’s NAACP President, so forcefully stated to Morton and others, “I love Henrico County and I am going to KICK BUTT until it is right!” We are RIGHT THERE WITH YOU IN THIS STRUGGLE DR. VINES!
Oh yes, and this REVOLUTION FOR THE FUTURES OF OUR CHILDREN WILL BE TELEVISED FOR THE WORLD TO SEE!
KEEP UP THE NERVE, GET ON THEIR NERVES, AND PASS ON THE NERVE!
OK, this man has gone too far! After reading this website, passing it on to everyone that I know all over the nation, and even a few outside of the country; everyone is saying the same things. HOW CAN THIS MAN BE ALLOWED TO BE OVER CHILDREN? I head one of the local parent advocacy groups in Richmond, Virginia and this blog is all over Richmond City Schools and makes them look like their issues are Romper Room! Why the media is not exposing this county is a mystery to me. Why law enforcement has not arrested everyone from Morton on down is proof that “racism” is alive and well in this county. If this man really sent someone to Mrs. Lucas’ home, THAT IS A CRIME! These are tactics that the KKK used to silence and terrorize blacks in this county less than thirty years ago! WHY HASN’T HE BEEN ARRESTED? WHY IS HE STILL LEFT TO DO THESE THINGS TO OTHERS THAT MAY NOT BE AS STRONG OR INTELLIGENT AS LUCAS? Morton needs to be removed, charged, then shipped off to Siberia where he belongs and will feel at home. He and those school board members need to be removed as far away from our children as possible! You have our votes to move him out and we will see you all at the next school board meeting to put an end to this madness!