Notice of Appeal Redacted1

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Notice of Appeal to Delaware DOE re: Charter School of Wilmington



April 28, 2015
Executive Secretary Board of Education
c/o Dr. Terri Gray
401 Federal Street, Ste. 2
Dover, DE 19901
(302) 735-4010 Office
(302) 739-7768 Fax


Dear Dr. Gray;
This missive should be received as an official notice of appeal. The appellant is appealing
the verbal and actionable decision made by the Charter School of Wilmington, to expel
Bill without services, without timely reporting, sufficient evidence and without an
objective hearing based on the merits of the case. The appeal should be heard and
expedited since; the Charter school made a decision to exclude Bill without services or
an impartial hearing and we are asking the matter be expedited due to the fact that there
has been no verbatim record or documentation provided for regarding the disciplinary
consequence or hearing for the family to date. In addition to the fact that it is the end of
the school year and the student has been without services since March 26, 2015.
School Attending:
Charter School of Wilmington
100 DuPont Road
Wilmington, DE 19805
(302) 651-2727 Office
(302) 652-1246 Fax

We believe that between March 26, 2015 and April 23, 2015 there were several
egregious, deliberate and illegal violations of federal programs, during the discipline of

2 Complaint Cont.
Bill, a 12th grade student at the Charter School of Wilmington (see attachment 1.).
Therefore we are asking the state to immediately intervene to investigate the present
allegations and return the student to his traditional educational setting until such time as
procedural due process can be provided for the family and an objective hearing can be
scheduled. We are asking the investigation and response be expedited due to the lateness
in the school year, the inaction on part of the school thus far and the irreparable harm the
egregious violations of Bill’s rights, may cause if, investigated and substantiated.
Based on a chain of events that transpired between March 27, 2015 and April 22, 2015
(timeline of events attached) we feel Bill was subjected to the following:
1. Discrimination based on his race- there were a total of four students, including
Bill, allegedly implicated in the illegal sale or use of drugs on school premises.
Two students have been suspended without services and the other two are
presently attending the school. The allegation of discrimination is applied due to
the fact that Bill was not found to be in possession of marijuana; therefore his
consequence should be consistent with the other two white children who were
initially implicated circumstantially. Instead Bill was disciplined similar to the
white student found to be in possession of the marijuana.
2. Denied procedural due process & Title 14 provisions not met- the family claims
they were denied procedural due process for the following reasons;
A. Student was not given an impartial hearing or an opportunity to tell his
side of the story. He was only permitted to speak when the
conversation was consistent with what the staff presupposed were the
facts involved in the case. In addition the student was not notified of
any procedures related to an appeal. In fact the school convened a socalled committee meeting where the parent was not allowed to ask
questions, cross examine witnesses, review statements or any evidence
collected. Finally there has been no written documentation provided to
the family or verbatim record of the committee meeting.

2500 W 4tth Street, ste.1 Wilmington, DE (302) 656-1090 Office (302) 777-5758 Fax

3 Complaint Cont.
B. Student code of conduct was never explained to the student at any
point in the school year, which is required according to Title 14,
section 605.2.1
C. The student’s rights and responsibilities should be posted on the
school’s website and there should be a notice notifying parents where
the code of conduct could be found (title 14, section 605.2.3).


several conversations the school attempts to discipline Bill based on
the vague handbook published by the Charter School of Wilmington.
However the attempts to have it both ways by deferring to the Red
Clay School District code of conduct to outline the student’s due
process and grievance procedures. The family would not have known
Red Clay procedures were applicable in the school’s discipline
practices, nor would they know which to defer to in the event of
conflict. In our view this is unprofessional and a shady attempt to
justify a deficient code of conduct.
3. Bullied and coerced as bullied into making a statement- based on information
disclosed by the family Bill was forced into confessing to the crime/violation the
school is alleging. Michelle was also threatened and told he would be subject to
an expulsion and precluded from not only being able to participate in graduation
but from fulfilling requirements necessary in the state of Delaware to graduate.
On April 23, 2015 Michelle was further bullied and required to sign, what we
believe is an illegal contract, in order to be given services from the Charter School
of Wilmington (see attachment).
4. Retaliation, harassment and malicious prosecution- we also believe the school
retaliated against the family for contacting an advocate. Subsequently the school
contacted the Wilmington Police Department (after a conversation with John
Sadowski, a conversation the family begged Mr. Sadowski not to have) and Bill
was issued a warrant for various charges.

2500 W 4tth Street, ste.1 Wilmington, DE (302) 656-1090 Office (302) 777-5758 Fax

4 Complaint Cont.

5. In addition we believe the district colluded with John Sadowski from the
Department of Education to cover up the egregious refusal to report discipline
data to Delaware’s Department of Education. We feel Mr. Sadowski further
colluded in the initiation of charges that were reportedly filed after the
conversation between Mr. Sadowski and the school’s leadership. We feel the
collusion exists and is evident by the fact that it is not the practice for the
department of education to investigate issues, arising in school or between schools
and families without; a release of information and/or an official complaint
alleging wrong doing. In the present case neither was provided to Mr. Sadowski.
We also believe collusion exists in that the parent was never contacted and given
and explanation in regards to the issues discussed in the meeting. The school’s
staff and Mr. Sadowski met in private and an explanation and justification was
sent to State Representative Williams by email.
6. According to Title 14, Subchapter 2 section 122 the state of Delaware is
responsible for requiring all traditional public and public charter schools to
establish uniform discipline definitions and procedures. Page 27 of the student
policy handbook available on Wilmington Charter School’s website is extremely
vague and includes definitions such as, expulsion that are not clearly defined in
the school’s code. It is our opinion this violates the letter and the spirit of the
Delaware code regarding code of conduct uniformity. Therefore the approval of
this code constitutes violations by both the school and the department of
education monitoring division.
7. Falsifying Documents- to date the student has not received written documentation
and/or verbatim record regarding any hearing(s) held. Attached to this complaint
is a so-called review board record. The record does not have any accompanying
documentation or information regarding a hearing, review of evidence or any
level of objectivity. In addition the document was created 4/2/2014 and signed

2500 W 4tth Street, ste.1 Wilmington, DE (302) 656-1090 Office (302) 777-5758 Fax

5 Complaint Cont.
4/22/2015. We believe this is a false document contrived, in an effort to satisfy
some assemblance of due process.

Thanking you in advance for your cooperation,

Devon Hynson, MBA
Administrator- Education Voices Inc.

1. Bill Summary of Events (3 pages)
2. Agreement for home bound instruction from CSW, 1 page (no additional
documentation has been provided by the school)
3. Records Release from EVI signed by Michelle, 1 page

Michelle, Parent
Sam Paoli, Charter School of Wilmington President
Mervin Daughtery, RCCSD Superintendent
Kimberly Williams, State Representative
Jea Street, County Councilman
Theo. Gregory, City Council President

2500 W 4tth Street, ste.1 Wilmington, DE (302) 656-1090 Office (302) 777-5758 Fax

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