Pine Bush questioned on anti-Semitism response Judge seems skeptical of districts actions as school seek dismissal Text Size: A | A | A Print this Article Email this Article ShareThis By Steve Israel Published: 2:00 AM - 07/18/14 WHITE PLAINS — After more than two years of battling allegations that it ignored repeated incidents of physical and verbal anti-Semitism, the Pine Bush School District on Thursday asked a federal judge to dismiss three charges. But United State District Court Judge Kenneth Karas — who reserved decision — seemed skeptical, at best. For instance, the districts lawyer, Joan Gilbride, argued that because a drawing of a swastika wasnt reported, charges that the district did nothing about it should be dismissed. Related Stories Plan to turn Baker High School into charter school progressing 50 NFA students get high-tech head start in Newburgh Pauline Liu: Teachers get a break on test-linked evaluations Make a big splash this summer, but stay safe in the water, too KJ has come long way in service special needs student population Does our new world of education make the grade? Middletown parents upset over surprise summer-school news Pauline Liu: Money a question mark in new school programs CPR could be required to graduate from NY high schools Tuxedo voters pass $15.9M school budget on second try 2 Newburgh schools each get $500K in funding Pauline Liu: Exams put focus on testing controversy Ex-Marbletown principals settlement deal includes $50K fine Marlboro district board delays vote Low fund balances add to district stress The district cannot act on things that were not reported, she said, and when he did report it there was action taken. But the judge quickly questioned that argument. The child alleged swastikas were everywhere, he said. Isnt that sufficient notice? He then posed a hypothetical situation of swastikas drawn at the entrance of a school and seen by everyone as an example of sufficient notice. Gilbride also said that after a swastika on an elementary school slide was reported to then-Pine Bush Elementary School principal Steve Fisch, he ordered it removed — thus showing that the alleged anti-Semitic act also wasnt ignored. You cant infer there was deliberate indifference, the lawyer said, using a legal term in a courtroom where lawyers outnumbered spectators. But Karas pointed out that months later, there was still the same or another swastika on the slide, even though there are three complaints (after the first). And when Gilbride said the district did take action after other incidents by making the offending student write an essay and bringing in Holocaust survivors — actions that apparently had a positive impact — the judge referred to a widely quoted statement of former Superintendent Phil Steinberg to a parent that the alleged anti-Semitism was inbred » what do you want me to do? Maybe at some point, theres a sense of futility, the judge said. The lawyer for the three parents and their children hammered that point home, saying actual notice is not required to tell a school of every incident. There was a culture of bias in the district, lawyer Andrew Wilson said. He also quoted Steinberg as saying, How do you undo years of inbred prejudice? as an example that the district was aware of the acts. District lawyer Gilbride had a different interpretation of what Steinberg meant. Were listening to you » . Its just going to take time, she responded to Wilson. sisrael@th-record
Posted on: Fri, 18 Jul 2014 11:17:53 +0000
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