Communities in Support of KGIA

March 21, 2008

By Mary Frost

BROOKLYN — The Second U.S. Court of Appeals Thursday upheld a district court’s denial of a demand by the founding principal of a Brooklyn Arabic-themed public school to get her job back while waiting for her case to wind its way through the court system.

The judges also made it clear in their decision, as well as in court at the hearing, that they did not believe the DOE treated Debbie fairly when they forced her to resign

While it has been reported in the media that this decision means the city cannot be forced to return Debbie Almontaser to her position as principal of Khalil Gibran International Academy (KGIA), the longtime educator’s supporters say that this is inaccurate.

According to Almontaser’s lawyer, Alan Levine, the case is now being sent back to the district court without affirming the district court’s interpretation of a central point: Judge Sidney Stein’s ruling that Almontaser’s speech on the word, intifada was not constitutionally protected.

“We will contact the court next week seeking a conference, where we’ll talk about what the next stage of litigation will be,” Levine told the Brooklyn Eagle Friday.

“Eventually if the case proceeds, she will prevail because: one, it seems beyond question that she was forced to resign because of her public remarks, which are constitutionally protected; and two, when she reapplied for the permanent position, the community superintendent rubber-stamped Commissioner Klein’s prior determination that she not be placed back as principal.” Read More…

APPEALS COURT SENDS ARAB-AMERICAN EDUCATOR’S CASE BACK TO DISTRICT COURT FOR FULL TRIAL

District Court Told to Consider Whether Department of Education May Punish Debbie Almontaser Based on an Inaccurate and Misconstrued News Story

New York, NY March, 20, 2008: Today, the court of appeals declined to reverse the decision of a federal district court judge who had denied a preliminary injunction to the founding principal of the Khalil Gibran International Academy, Debbie Almontaser. The court did not say that it agreed with the district judge, only that his decision was not “an abuse of discretion.”

In its opinion the appeals court made clear its concern that Ms. Almontaser was punished “for speaking accurately when her statement was, as her employer knows, inaccurately reported and then misconstrued by the press.” However, the court said that was an issue to be first addressed by the district court.

The case will now return to the district court for a full trial.

“It is evident from the judges’ opinion, as it was from their questioning of the DOE’s lawyer when the case was argued, that the court is troubled by the actions of the DOE in Ms. Almontaser case,” said Alan Levine, attorney for Ms. Almontaser. “The idea that people can lose their job because the press distorts what they say seems to disturb the court. It should disturb Chancellor Klein as well,” he added. “There is something fundamentally wrong when the DOE insists that school employees speak publicly on an issue and then fires them when they do no more than accurately define a controversial word.”

The district court originally denied Ms. Almontaser’s motion for a preliminary injunction in December 2007. The case was then appealed, and during the argument of the appeal, judges criticized the DOE for overreacting to what they called “garbling” of Ms. Almontaser’s words by a New York Post reporter.

In 2005, Ms. Almontaser was asked by New Visions for Public Schools, an educational reform organization that assists the DOE in establishing new schools, to spearhead the development of KGIA and then to become its founding principal.

KGIA was designed as a school that would focus on Arabic language and cultural studies, and, as one of its missions, would promote understanding between New York’s Arab and non-Arab communities.

Ms. Almontaser was initially named Project Director, the title that is given by the DOE to all persons who lead the development of a new school. In July 2007, the DOE named Ms. Almontaser the interim acting principal of the school, which is the title that leaders of new schools are customarily given until a permanent principal is selected. During that time Ms. Almontaser supervised the development of curriculum, hired and trained staff, recruited students and parents, purchased supplies, and prepared the school for its September opening.

As a result of a series of attacks on the school by a conservative blog and an article in the New York Post that quoted Ms. Almontaser on a matter completely unrelated to KGIA, the DOE forced her to resign her post and further, denied her the opportunity to apply for the job of permanent Principal.

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David Lerner, President
Riptide Communications, Inc.
Suite 1300
270 Lafayette Street
New York, New York 10012
(212) 260-5000
www.riptideonline.com
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Contact: David Lerner or Shonna Carter, Riptide Communications 212-260-5000

ARAB-AMERICAN EDUCATOR CHARGES NYC DEPARTMENT OF EDUCATION WITH DISCRIMINATION

Former Founding Principal of Khalil Gibran International Academy Charges that The Doe Discriminated Against Her On The Basis Of Race, Religion, and National Origin
Also: School’s Math Teacher Says Leadership is Lacking without Almontaser and the Mission of the School Has Been Lost

March 3, 2008 – Today, Debbie Almontaser, a highly respected educator who was denied the opportunity to interview for the position of principal at the Khalil Gibran International Academy (KGIA) - the school she envisioned and designed - filed an amended complaint in her federal lawsuit and a charge with the Equal Opportunity Employment Commission, both of which assert that Department of Education (DOE) officials discriminated against her on the basis of race, religion, and national origin.

In a separate development Maysa Jarara, a math and Arabic teacher at the school, issued a statement decrying the lack of leadership at the school since Ms. Almontaser’s departure and charging the DOE with subverting the original vision of the school. (Attached.)

“The DOE’s demand for Almontaser’s resignation followed a relentless public relations assault that focused on her as an Arab and a Muslim. The DOE’s capitulation to those attacks constitutes, as a matter of law, discrimination by the DOE. The appointment of a patently less qualified white, non-Muslim woman was the final act of the DOE’s discriminatory conduct.” said Ms. Almontaser’s attorney Alan Levine

Last year, the DOE and the Mayor’s office forced Ms. Almontaser to resign from her position as founding principal of Khalil Gibran International Academy, New York’s first dual language school dedicated to teaching Arabic language and culture, under the premise that they would not open the school if she remained at its helm. Subsequently, after the school was opened, Ms. Almontaser was told by officials of the DOE’s Office of New Schools, that the administration would not support her return to the school.

At a recent argument in Ms. Almontaser’s lawsuit, U.S. Court of Appeals judges criticized the City for overreacting to what they called “garbling” of Ms. Almontaser’s words by a New York Post reporter.

In 2005, Ms. Almontaser was asked by New Visions for Public Schools, an educational reform organization that assists the DOE in establishing new schools, to spearhead the development of KGIA and then to become its founding principal.

KGIA was designed as a school that would focus on Arabic language and cultural studies, and, as one of its missions, would promote understanding between New York’s Arab and non-Arab communities.

Ms. Almontaser was initially named Project Director, the title that is given by the DOE to all persons who lead the development of a new school. In July 2007, the Department of Education named Ms. Almontaser the interim acting principal of the school, which is the title that leaders of new schools are customarily given until a permanent principal is selected. During that time Ms. Almontaser supervised the development of curriculum, hired and trained staff, recruited students and parents, purchased supplies, and prepared the school for its September opening.

As a result of a series of attacks on the school by a conservative blog and an article in the New York Post that quoted Ms. Almontaser on a matter completely unrelated to KGIA, the DOE forced her to resign her post and further, denied her the opportunity to apply for the job of permanent Principal.

Ms. Almontaser is asking the Court for an injunction compelling the DOE to interview her for the job of principal and for damages.

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February 5, 2008

By LARRY NEUMEISTER

NEW YORK- Federal appeals judges on Tuesday made comments suggesting they thought the city overreacted in its handling of the resignation of the principal of its first Arabic-themed public school as they heard arguments aimed at letting her get her job back.

Newman and Barrington D. Parker Jr. repeatedly questioned the city’s intentions in its handling of the uproar.

Two members of the three-judge panel were sharply critical of the way the city reacted to a newspaper interview Debbie Almontaser conducted before she stepped down in August as interim principal at the Khalil Gibran International Academy.

City lawyer Drake Colley conceded that what Almontaser said in the interview was correct and that a Department of Education spokesperson who monitored the interview thought it went well.

Judge Jon Newman asked: “Does the city really think she was properly disciplined?”  Read more…

February 1, 2008 - On Tuesday, February 5th, a 3-judge panel of the U.S. Court of Appeals will hear arguments in Almontaser v. New York City Department of Education, a federal lawsuit charging the DOE with violating the First Amendment rights of Debbie Almontaser, a highly respected educator who was denied the opportunity to interview for the principal position at the Khalil Gibran International Academy (KGIA) in Brooklyn. In 2005, Ms. Almontaser was asked by New Visions for Public Schools, an educational reform organization that assists DOE in establishing new schools, to participate in the development of KGIA and then to become its founding principal. KGIA was designed as a school that would focus on Arabic language and cultural studies, and, as one of its missions, would promote understanding between New York’s Arab and non-Arab communities.

Subsequently, as a result of a series of attacks on the school provoked by an Anti-Arab interest group unaffiliated with the School led to an article in the New York Post that quoted Ms. Almontaser on a matter completely unrelated to KGIA. As a result of the publication of the story, the DOE forced her to resign her post and further, denied her the opportunity to even apply for the job of permanent principle of KGIA thereby violating her right to free speech. Ms. Almontaser is asking the Court to reinstate her lawsuit for an injunction compelling the DOE to interview her for the job of principal and for damages.

Ms. Almontaser’s case will be argued by Alan Levine.

WHAT: Oral Arguments in Almontaser v. NYC Department of Education
WHEN: Tuesday, February 5th, Calendar call at 10:00 am
WHERE: U.S. COURTHOUSE, 500 Pearl Street, Manhattan

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David Lerner, President
Riptide Communications, Inc.
Suite 1300
270 Lafayette Street,
New York, New York 10012
(212) 260-5000
www.riptideonline.com
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APPEALS COURT CALLS FOR EXPEDITED REVIEW OF DECISION ON ALMONTASER CASE

Lawyers and supporters vow to continue the fight for justice

December 7, 2007; New York, NY—The U.S. Court of Appeals ordered expedited review yesterday of a lower court decision denying a preliminary injunction to Debbie Almontaser, the founding principal of the Khalil Gibran International Academy (KGIA), NYC’s first Arabic dual language public school.  By ordering prompt consideration of the district court’s decision, the Court of Appeals recognized the seriousness of the questions posed by Almontaser’s lawyers in appealing the case.  “If the Department of Education appoints a principal while the appeal is pending, the Court of Appeals has the power to undo that appointment,” said one of Almontaser’s attorneys, Alan Levine.  “By its grant of expedited review, the Court is acknowledging its willingness to do so if it finds that the DOE violated Ms. Almontaser’s constitutional rights.”

“Our work is still not done, and we are encouraged by the Court of Appeals action yesterday,” said attorney Cynthia Rollings, who is working with Levine on the appeal. The DOE forced Almontaser to resign in August after requiring her to answer question from the New York Post.  The Post was at the forefront of a hate campaign against KGIA, reporting as news the false attacks circulated by school opponents in the conservative blogosphere.

Supporters of KGIA and Almontaser have vowed to continue their fight against the anti-Arab and anti-Muslim hatred that fueled the attacks on the school, and to hold the Dept. of Education and Mayor Bloomberg accountable for subsequently caving in to this bigotry.  Over 50 supporters were present in the courtroom on both days of Almontaser’s hearing, and another 75 came November 30th to hear the judge’s decision.  “We are disappointed that Judge Stein did not make the right decision, not only because we support Debbie, but also because we support the school, the way Debbie envisioned it—as a school that will benefit all of our communities, not just the Arab community,” said Erica Waples, a spokesperson for Communities in Support of KGIA.

Proceedings began on November 30th, with Almontaser’s examination by Levine and Judge Stein’s refusal to allow Jacqueline Ancess, Associate Director of the National Center for Restructuring Education, Schools and Teaching at Columbia University, to testify as an expert witness on the merit of Almontaser’s application as compared with other applicants. A statement by the Chancellor’s spokesperson that Almontaser would not be placed in the position, which followed her public announcement of her application to become permanent principal of KGIA, was the focus of the hearing.  Levine and Rollings contended that the Chancellor’s statement reflected the same view the DOE held when it forced her to resign in August: that Almontaser’s comments about the word “intifada” were unacceptable.

On December 3rd, DOE lawyers cross-examined Almontaser, and the court heard testimony from Community School District 15 Superintendent Rosemary Stuart, who was responsible for reviewing applications to the position and did not recommend Almontaser for an interview.  Stuart claimed she gave full consideration to the founding principal’s application.  However, she admitted that she was appointed by the Chancellor, serves at his pleasure, has no contract, and can be fired by him at any time.  She also admitted that she had praised Almontaser’s performance during the months she had served as KGIA’s interim acting principal. Almontaser’s lawyers argued that Superintendent’s refusal to interview Almontaser for the position demonstrated that she was simply ratifying the DOE’s publicly stated decision to not consider the founding principal. “Debbie’s willingness to challenge the DOE in court has been very important to all of us in the education community who believe that the increased centralization and arbitrariness of the C-30 process – the principal selection process – has deprived school communities of their rightful input into that process,” said Ujju Aggarwal from Center for Immigrant Families.  “And that the DOE determined educational policy based on anti-Arab and anti-Muslim racism is shameful.”

The case, which took place after a 6-month media campaign by groups that alleged the school would indoctrinate students into radical Islam, is emblematic of a broader trend of repression of free inquiry and open discussion in schools and college campuses across New York City and the U.S.  “We live in a climate of hatred and fear,” said Adem Carroll of the Muslim Consultative Network, “where a few right-wingers can attack both educators and students with views different from theirs and gain the support of powerful public officials.  Judge Stein’s ruling is also cause for concern because of its sweeping restriction on the constitutionally protected speech of government employees.”   “By making Debbie do the interview with the New York Post, a newspaper that has been boycotted by  New York’s Arab and Muslim communities for racist reporting, the DOE fed her to the dogs,” said Mona Eldahry of Arab Women Active in the Arts and Media. “Then they turned around and fired her for following their orders.”

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December 6, 2007

By THE ASSOCIATED PRESS

A judge ruled yesterday against the claim of the founding principal of New York City’s first Arabic-themed school that her right to free speech was violated when she was forced out during a furor over comments she made in a newspaper interview.

In a preliminary finding in the case, Judge Sidney H. Stein of Federal District Court in Manhattan ruled against Debbie Almontaser, who had been principal of the Khalil Gibran International Academy in Brooklyn.

The ruling did not end the case, however. The lawsuit proceeds to a trial based on more evidence, rather than the two-day hearing on which the judge based his preliminary ruling.

Ms. Almontaser sued Schools Chancellor Joel I. Klein and Mayor Michael R. Bloomberg, saying they violated her First Amendment rights by pressuring her to step down after discussing the history of the word “intifada” during an August interview. She had been criticized for not condemning the use of the word on a T-shirt.

The judge said that Ms. Almontaser had participated in the interview as school principal, and that since her employer was responsible for supervising messages to the public, her speech was not protected.

Ms. Almontaser said that the intent of her words about intifada had been distorted. The judge, though, noted that she had been instructed by the schools’ public relations staff not to discuss the T-shirts.

The New York Civil Liberties Union criticized the judge’s ruling. “This is just another example of how recent Supreme Court rulings are undermining constitutional rights in general and First Amendment rights in particular,” said Christopher Dunn, associate legal director of the New York Civil Liberties Union. Read more…

Controversial Educator Challenges Her Dismissal

12-03-2007

By Charles Maldonado

NEW YORK — Khalil Gibran International Academy founder Debbie Almontaser, who resigned from the school last August amid controversy that she was connected with an organization that produced T-shirts reading “Intifada NYC,” faced cross-examination Monday before Judge Sidney Stein in Manhattan Federal Court.

Last week, Almontaser testified that in the days following the article Deputy Mayor Dennis Walcott demanded that she turn in a letter of resignation in time for Bloomberg to announce it on his radio show that week.

Almontaser was asked Monday why she did not apply for the job of school principal until Oct. 16, the last day the job was posted. It had been posted since August, when she resigned. Almontaser said that she had not been aware of the job posting until early October, when the head of the Department of Education’s Office of New Schools, Garth Harries, told her about it.

“In the course of the end of September and early October I met with Garth Harries. I told him I wanted to go back to KGIA,” she said. “He said that it wasn’t feasible.”

She said that during that time, she was told not to say or do anything that could jeopardize the school, which opened in September. Read more…

Press Advisory * For Immediate Release

Contact: Erica, 718-431-4465, Mona 917-703-0488, kgiasupport@gmail.com

Federal Court Hearing Continues Monday With Cross Examination:

Almontaser’s Lawyers argue Department of Education’s refusal to consider Almontaser’s application based on merits.

December 3, 2007, New York, NY— Attorneys for Debbie Almontaser, the Khalil Gibran International Academy’s founding principal, will continue arguments Monday, December 3, before Federal District Judge Sidney Stein, who is hearing Almontaser’s lawsuit against Mayor Michael Bloomberg, the Department of Education (DOE), Chancellor Joel Klein, Community School District 15 Superintendent Rosemary Stuart, and Deputy Mayor Dennis Walcott. The hearing will continue with the cross examination of Ms Almontaser; Rosemary Stuart will also take the stand.

On November 19th, lawyers Alan Levine and Cynthia Rollings filed the lawsuit to block the appointment of a permanent principal on the grounds that Almontaser’s application was not considered on its merits. “The silencing, censorship, and intimidation that are part of this First Amendment case impact democratic education throughout all our city’s schools, not just the career of a gifted and committed New York City educator,” said Erica Waples, a spokesperson of Communities in Support of KGIA, a diverse coalition that rallied supporters in front of the courthouse.

Forced to resign as founding principal of the Arabic dual language school she helped create, Almontaser applied in October to become KGIA’s permanent principal, but was not among those interviewed as part of the C-30 process, the process by which a school’s principal is selected. Her lawyers are seeking to block the appointment of a permanent principal, which is anticipated to occur in early December. They argue that there is a clear connection between the DOE’s refusal to consider the merits of her application and two statements by individuals in high places in the Department of Education: the first to Almontaser that the Chancellor would never permit the appointment, and the second to the New York Times that Almontaser would not be “placed in the position” (October 18, 2007). Her lawyers are also seeking provision for impartial consideration of Almontaser’s application, rather than having her application reviewed in a DOE-controlled process.

During her deposition taken last week, Almontaser recalled that Deputy Mayor Walcott—who met with Almontaser on the evening of August 9, 2007—demanded her resignation, saying, in Almontaser’s words, “I want the Mayor to be ready to announce this on the radio tomorrow morning because he is going to get calls and because the New York Post editorial board is going to be writing something and it will make news tomorrow and we need to have the Mayor prepared and we need to have your resignation letter for him to announce your resignation.” A 6-month anti-Arab and anti-Muslim media campaign prior to Almontaser’s Post interview fueled the demand for her resignation.

Debbie Almontaser stated on Friday, “What upset me the most was I knew Mayor Bloomberg, and I couldn’t believe he was taking the word of the [New York] Post over my word.” Almontaser also said Schools Chancellor Joel Klein refused her request for a meeting after her comments were published.

“Top leaders succumbed to political pressure, forgetting what was best for the children in KGIA and in all NYC schools,” said Almontaser’s lawyer Alan Levine, “The demand for Debbie’s resignation came from the very top in this city, from leaders who wanted, in the words of Dr. Martin Luther King, Jr., the ‘absence of tension,’ but not the ‘presence of justice.’”

Jacqueline Ancess, a national expert on small schools who is currently co-director of the National Center for Restructuring Education, Schools, and Teaching at Teachers College, Columbia University, will testify that the DOE improperly failed to consider the merits of her application. Tomorrow Levine and Rollings will present the specific allegations contained in the lawsuit and describe how various city officials conspired to deny her the opportunity to regain her position as principal, all in violation of her constitutional rights.

This hearing follows testimony Monday that a court can issue infractions to state laws to protect constitutional rights. Almontaser’s attorney Alan Levine explained that for the Department of Education to choose a candidate that is less qualified based on their protected views would go against constitutional rights and therefore, be illegal.

The court hearing will be held on Monday, December 3, 2007, at 12:00 p.m.; the trial will be at the New Federal Courthouse, 500 Pearl St., near Foley Square (Worth St. entrance).

Communities in Support of KGIA is a coalition of individuals and organizations from myriad backgrounds, in New York and across the U.S.A., who publicly support KGIA’s vision and demand fairness by advocating for Almontaser’s reinstatement.

CISKGIA has provided a platform for Brooklyn Borough President Marty Markowitz and other officials and leaders, to testify about Debbie’s exemplary career in interfaith relations and education, and to publicly demand fairness from NYC’s leaders.

Interviews available upon request.

Video, press releases and more information available at http://kgia.wordpress.com.

Contact us at kgiasupport@gmail.com

Saturday, December 1st 2007, 4:00 AM

BY THOMAS ZAMBITO

[Excerpt below.  Click link at bottom for full text]

Debbie Almontaser said in the months after 9/11 she had worked with city officials to bridge the gulf between Arabic communities and City Hall.

Last month, she reapplied for the principal’s job at the academy - a post she held on an interim basis while working to develop the school. Her application was rejected. Her lawyers say the decision was influenced by Klein’s bias against her.

But when her views were misstated in a newspaper report published weeks before the Khalil Gibran International Academy was set to open, city officials forced her to resign, she said.

“What upset me the most was I knew Mayor Bloomberg, and I couldn’t believe he was taking the word of the [New York] Post over my word,” Almontaser said through tears.

Almontaser said Schools Chancellor Joel Klein refused her request for a meeting after her comments were published.

Deputy Mayor Dennis Walcott then told her the mayor was expecting her resignation so he could announce it on his radio program, she said. Walcott promised to “take care of me” but never found her another principal’s job, she said.  Read entire article…