No bias found in lunchtime detention

State education investigators have ruled that the Camden bilingual students who were made to sit on a gym floor and eat off paper mats during lunchtime detention were not victims of discrimination but rather of "an unacceptable and demeaning practice that placed the students at risk," according to a newly released examination report.

The report, issued this week by the education department's Office of Fiscal Accountability and Compliance, directs the Camden City School District to submit a corrective action plan to ensure students eat in "an appropriate dining environment."

However, the report leaves open the possibility of action against Theresa Brown, the former Sumner School vice principal who children in a bilingual fifth-grade class claimed punished them by making them eat on the floor without trays, as well as against former acting principal Alex DeFlavis. DeFlavis retired in March when the allegations regarding the discipline became public.

The compliance office called for its report to be forwarded to the State Board of Examiners. The board can take action, such as revoking education certifications, noted an education department spokesman.

Yesterday, Camden school board president Sara T. Davis issued a written statement saying the board feels "vindicated" that the report found no bias in the incident.

"To the parents and children of Sumner School who were affected by the incident, we regret it occurred, apologize to them for it, and continue to pledge ourselves to provide all children in the Camden schools with a bias-free quality education as we have done in the past," said Davis, who previously called the children's punishment "appropriate."

Yesterday, she called the board's personnel actions in the situation "appropriate."

Brown, as the controversy came to light, was transferred to another school with the same rank and pay.

Davis also said a corrective plan had been authorized.

Based on the report issued, the compliance office heard a lot of contradictory information and finger-pointing.

For example, Brown, according to the report, said that for part of the detention, she did direct the students to sit on the floor but said that was because there were not enough chairs, and she said she didn't know they did not have trays.

DeFlavis, according to report, denied claims by Brown that she got his approval for the bilingual class detention, that he imposed part of the students' two weeks of detention himself, and that he was responsible for notifying parents.

According to the report, a compliance office investigator determined there were enough trays and chairs.

"As such, there was absolutely no need for students to sit on the floor while eating lunch," states the report.

The bilingual students, it notes, were not the only students required to sit on the floor for lunch.

The report further asserts that neither Brown nor DeFlavis can be absolved of responsibility in the incident because it was their job to supervise.

It was DeFlavis' responsibility, it said, to inspect the facilities and to notice children were eating on the floor.

As for Brown, the report stated: "It is apparent that the vice principal abrogated her responsibilities, and her claim that the full blames lies with the acting principal is not valid."

The lunch discipline has led to several community protests and claims of biased treatment against Hispanics in the district.

That included Jose Rivera, the students' bilingual teacher, who said he was suspended and then ordered terminated after he told his students they should tell their parents about the punishment.

The compliance office report, however, said its investigator found negative evaluations of Rivera. A complaint Rivera received from the district faulted him for not telling the acting principal about the floor punishment after his students told him. Rivera said he thought the principal knew since it was the administrator's secretary who told him.

DeFlavis and Brown could not be reached for comment yesterday.

The state Office on Civil Rights is also investigating a complaint filed on behalf of one of the children in the bilingual class made to sit on the floor.