ACLU Calls On Schools Superintendent to Protect Voucher Students
From Sexual Abuse
May 1, 2002
Following another allegation of sexual abuse by a choice school employee,
the ACLU of Wisconsin has called on the State Superintendent of Public
Instruction, Elizabeth Burmaster, to do more to protect students at private
schools participating in the Milwaukee school voucher program from sexual
abuse.
Citing incidents involving employees of the Early View Academy and Saint
Bernadette’s school, the ACLU has asked the Superintendent to push
for criminal background checks of choice school employees and to remind
choice schools that teachers and administrators are required to report
abuse to the proper authorities.
In the ACLU's May 1 letter, Executive Director Christopher Ahmuty strongly
called upon the Department to act now. Ahmuty wrote, "In the
context of choice schools, while no one wants to impugn the integrity
of many fine teachers and administrators, we'd be blind not to admit that
abuse is an issue." He continued by writing, "Surely the Wisconsin
Supreme Court in its 1998 decision expanding the choice pilot program
did not intend to leave choice students defenseless," and called
upon the Department to act now.
Ahmuty said today, "There is no reason voucher students shouldn’t
receive the same protections that public school students currently receive."
The ACLU of Wisconsin's letter is attached.
May 1, 2002
Superintendent Elizabeth Burmaster
Department of Public Instruction
PO Box 7841
Madison, WI 53707-7841
Dear Superintendent:
On numerous occasions the ACLU of Wisconsin has expressed concerns regarding
oversight and governance of the Milwaukee Parental Choice Program. One
aspect of this issue demands attention now: protecting choice students
from sexual abuse by their teachers. The public's concern with multiple
allegations of sexual abuse of minors by priests deserves attention, as
does abuse by other adults charged with the care of our children. In the
context of choice schools, while no one wants to impugn the integrity
of many fine teachers and administrators, we'd be blind not to admit that
abuse is an issue.
An aide at the Early View Academy has plead to second-degree sexual assault.
(The victim's family alleges that this choice school tried to cover up
the assault.)
On April 21, 2002 law enforcement officers arrested the religious education
director at Saint Bernadette's, another choice school, for attempting
to arrange a sexual encounter with a child over the Internet.
In the past your department has supported legislation that would require
choice schools to do criminal background checks when hiring teachers,
just as your Department does checks on applicants for teaching licenses.
Unfortunately, 1999 Senate Bill 80 failed to pass the Assembly after receiving
a favorable bi-partisan vote in the State Senate. The ACLU of Wisconsin
urges you to continue your support for such legislation.
In addition, we urge you to determine whether or not you could provide
some protection by amending PI35, the administrative rule regulating the
MPCP. The MPCP statute requires that the participating private schools
adhere to all health and safety laws and codes that apply to public schools.
The Department appears to be using the narrowest possible interpretation
of this safeguard, i.e. occupancy permits are required. If sexual abuse
isn't a health and safety issue, what is?
In addition, the ACLU of Wisconsin calls on you to remind choice schools
that teachers, administrators and counselors are required to report abuse
under §48.981(2) Wis. Stats.. If allegations regarding a cover up at Early
View Academy prove true, we'll have an incident going beyond failure to
report. All the ACLU of Wisconsin is asking the Department to do, is to
remind choice schools that they must report abuse to the relevant agency.
Surely the Wisconsin Supreme Court in its 1998 decision expanding the
choice pilot program did not intend to leave choice students defenseless.
Parents are not capable holding choice schools accountable. School governing
bodies, where they exist, cannot be assumed to be free from conflicts
of interest. Your Department needs to act.
Thank you for your attention to this matter. Action should not be delayed.
Sincerely yours,
Christopher Ahmuty
Executive Director, American Civil Liberties Union of Wisconsin
cc: Senator Jauch
Senator Decker
Attorney General Doyle
If you agree with the ACLU and want to protect diversity
in our schools and metropolitan areas, please consider joining the hundreds
of thousands of patriotic Americans who are members of the ACLU.
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