ACLU, School District Settle Lawsuit: Mom with Past Drug Convictions can Now Volunteer
Despite turning her life around after a battle with heroin addiction in her early 20s, the mother was barred from volunteering at her daughter's school. The district will now revise its school district volunteer policy as part of the settlement.
A Cranston mother who sued Cranston Public Schools after she was barred from volunteering at school events because of felony drug convictions in her early 20s has settled with the district and can now volunteer, the state chapter of the American Civil Liberties Union announced today.
Jessica Doyle (formerly Gianfrocco), was twice convicted for felony possession of heroin in her 20s but turned her life around after getting professional treatment. She is now a licensed chemical dependency professional and works at SSTARBirth, a residential substance abuse treatment program for pregnant and postpartum women and their children.
Her criminal record predates the birth of her daughter in 2003, the ACLU said, and she has been a devoted mother, serving as a team mom for her daughter's cheerleading team, volunteering at her day care and even has traveled to Washington, D.C., to speak to Congress about drug prevention funding as part of a Brown University program.
But Doyle was blocked from volunteering at Arlington Elementary School, where her daughter attends, after the district ran a background check.
"Although she provided numerous letters of recommendation, school officials denied her application because of her criminal record," said Stephen Brown, executive director of the RIACLU. "Although Doyle was allowed to be a member of the PTO, and ultimately one of its officers, she was still prevented from helping out at certain events involving the supervision of children."
The ACLU sued the school district on behalf of Doyle and argued the district's volunteer policy was "intrusive" and "unnecessary," noting that teachers themselves aren't disqualified from employment based on a criminal record or drug-related disability.
Under the settlment, Doyle can now volunteer at the school and the district agreed to revise its volunteer policy to prevent a similar situation from happening again by eliminating drug and other offenses as automatic disqualification from volunteering and requires the superintendent, if asked, to consider other factors when screening volunteers including date of conviction, rehabilitation and community involvements.
"This is the perfect example of why blanket prohibitions on school volunteers who have prior criminal conduct are totally unjustified. The City was never able to demonstrate any connection between passing a criminal background check and suitability to volunteer," said ACLU volunteer lawyer Carly Beauvais Iafrate. "This is a woman totally dedicated to her family, to her community, and to her recovery and who deserved to be able to extend that commitment to her daughter’s school.”
RI ACLU executive director Steven Brown added: “Stringent criminal records checks for volunteers prevent parents from actively participating in their children’s educational lives because of mistakes they made when they were younger. It is well- known that very positive benefits – to parent, child and school – flow from parental involvement in their children’s school activities. It is counter-productive to needlessly punish and stigmatize parents who have rehabilitated themselves. We are pleased that the school district recognized that.”
For Doyle, the settlement means a lot.
“This month, I volunteered for a viewing of The Polar Express at my daughter’s school," she said. "I was grateful to have this opportunity and excited to start making memories with her that will last a lifetime."
John Guglielmo
12:14 pm on Thursday, December 27, 2012
I am glad that the school dept. are letting this parent volunteer. I am also glad to know that they do actually do the background checks I would not want somebody that is potentially dangerous in my kids class or on field trips with him. I think each situation should be evaluated individualy and somebody that screwed up earlier in life but obviously turned it around should be allowed.
nicole fine
5:58 pm on Thursday, December 27, 2012
Would LOVE to know how much this cost the district in legal fees/costs.
Where would one find such information?
Bill Santagata
6:19 pm on Thursday, December 27, 2012
Contact your School Committee representative. They should have changed the policy when the mother initially asked them to, before they were sued. The new policy is a very reasonable one and I am glad it has been implemented, but this is the way it should have been from the beginning.
Cranston Resident
7:31 pm on Thursday, December 27, 2012
Let's sue the City for not letting sex offenders teach in our elementary schools too!
Yes and paroled murderers too!
After all we certainly wouldn't want to look like we were discriminiating against them, now would we?
Bill Santagata
11:19 pm on Thursday, December 27, 2012
The new policy does not give ex-felons carte blanche to volunteer in schools. There is a huge difference between violent and non-violent felonies. This woman was convicted of heroin use decades ago, has since turned her life around and gotten certified chemical dependency professional. "Zero tolerance" polices that remove all human judgement and common sense from the equation may be easier to implement but nearly always end up hurting people.
I recently came back from Les Misérables (see it! now!) about a man (Jean Valjean) who serves 20 years hard labor for stealing a loaf of bread, and even after his time is served must always run, in hiding, from the Inspector, never being able to make amends for his crime...it seems like a fitting story here.
Cranston Resident
2:07 am on Friday, December 28, 2012
Oh really Bill?
We're citing Broadway musicals as justification in potentialy exposing our children to people of questionable character?
If there is one chance in a million that this individual could be harmfull to our children then zero tolerance is justifiable.
Bill Santagata
9:02 am on Friday, December 28, 2012
I am not saying we should base our policies on Broadway musicals; I'm just saying that the story reminded me of what was happening here.
Zero-tolerance policies are never justifiable. They are easy fixes that government implements so that no one has to use their brain ever. Is a plastic knife a kid brought in to spread peanut butter on his crackers a weapon? No need to use human judgement, kick the kid out of school anyway.
I'm actually skeptical of the ACLU's argument: I do not see how it is discriminatory to not allow ex-felons to volunteer: ex-felons are not a protected class like race, sex, etc. But I am glad the policy was changed to allow some human judgement to shine through in special circumstances.
This woman was convicted of a non-violent crime decades, served her time, overcame her addiction, went to college, and became a drug counseling professional. I do not know her but from what the news is reporting she seems like someone schools should be *encouraging* to volunteer, to speak at programs like DARE, not shoved to the margins of society for life with a scarlet letter forever emblazoned on her chest.
Cranston Resident
5:02 pm on Friday, December 28, 2012
Bill,
I agree Zero tolerance is not always the answer and can lead to some injustice.
I agree that it is an easy fix. But when we are dealing with the way our government works, there are certain instances were counting on the beureaucrats to make proper and effective health and safety decisions for children may warrant eliminating the decision process for the sure-fire effective policy.
I am just of the mindset that for the safekeeping of innocent children, the risk of injustice from a Zero-Tolerance is unfortunate, but allowable. Then if that infexible policy does not work (as in the Doyle case), that should be the time when in your words "human judgement" is applied.
Suzanne Arena
7:57 pm on Thursday, December 27, 2012
I was told we pay the school attorneys a flat fee and this can be found on the Budget. Nicole, please do email your school committee member or better yet go right to the School Committee Chair, andreaiannazzi@msn.com and let us know.
Mike White
8:27 am on Friday, December 28, 2012
Thanks Suzanne I will check as I bet she was awarded something $$$ as it's all about $$$....
Bill Santagata
9:05 am on Friday, December 28, 2012
You know nothing about this woman but are quick to judge that it had something to do with money. Maybe she was just a mom who wanted to help out at her kids' school and was unjustly denied that opportunity?
The settlement may include attorneys' fees for the ACLU, but that money does not go to the woman herself.
rgl
8:00 am on Friday, December 28, 2012
Cranston resident you are a wacker! Hope you never volunteer or work with people! What r you talking about zero tolerance? She is clean! She is a help to others not a hinderance . Your clean record? Could cause harm to others. Their are unsafe people out there who can be volunteering who never been caught. She is an outstanding women God bless her!
Cranston Resident
3:35 pm on Friday, December 28, 2012
rgl,
You are right, that there are people with a clean record out there who may be unsafew to be around children. We do not know about them, so that is sometimes a risk.
But the people who have prior convictions are certainly more of a risk. Them, we know for sure had or have a character propblem.
What I am saying is why should we take that risk with our innocent children?
That may not sit well with people who may be reformed, but I can live with someone's feelings being hurt easier than I can live with the one time we get it wrong and have some child hurt.
Vinnie B.
5:47 pm on Friday, December 28, 2012
@ Cranston Resident : Have you ever been given a second chance at anything in your life? Did you have to even go through state mandated hoops to be given that second chance or was the second chance just granted to you? If you have EVER been given a second chance for ANYTHING it shows that you also have "bad" or "questionable" judgement. Maybe you shouldn't be let near children either? Maybe we should revoke a persons license the first time they get a ticket for going 5mph over the limit or roll through a stop sign or get a parking ticket. I mean there is no such thing as a mistake it's just black and white right or wrong. After all, someone that speeds or rolls through a stop sign could end up killing innocent children in a school zone with such poor and reckless judgement!!
Put the rock down and step away from the glass house. You're not a perfect person. You know it, i know it, we All Know It.
Cranston Resident
12:12 am on Saturday, December 29, 2012
Vinnie,
Get real. We are not talking about a traffic violation here. She was convicted of Felony possession of heroin.
I'd rather we kept heroin users away from our children's schools and risk offending or hurting the feelings of a reformed person and giving them a "second chance" at it with innocent children.
Just sayin...
Vinnie B.
7:33 am on Saturday, December 29, 2012
@ Cransron Resident ; That's just it, she is no longer a Heroin user and hasn't been for over a decade. However, she is now an LCDP... Which is a state licensure, that even those of a Master's education needs to qualify. Thanks. Have a great day.
Mike White
8:26 am on Friday, December 28, 2012
Of course the ACLU is invovled...I wonder why all these are happenings? We took God out of the schools...maybe just maybe this is why?
God Bless ALL of us...
Robin Lionheart
11:22 pm on Thursday, January 17, 2013
@Mike So, you're saying because they took God out of schools, an ex-drug-abuser gets a chance to volunteer work. Because God would never stand for such forgiveness and redemption for past misdeeds, I guess.~
Frank Tagliani
8:49 pm on Saturday, December 29, 2012
What's the point of background checks if they allow convicted fellons clearance. The policy is there to protect the children, who cannot protect themselves. What's next? ACLU thanks a lot for putting kids in harms way.
rgl
1:36 am on Sunday, December 30, 2012
Hey we havefelons in office be real she isn't using selling or molesting kids. She has rights to participate with her kid Cranston resident do u know any crooked cop in Cranston we have them! They don't all have good morals! So Cranston resident leave the women alone Cranston cops need to go after child molesters and not treat victims like criminals. We have officials in office with felonies so get over your high horse. And don't hang out at the school play ground
Frank Tagliani
5:19 am on Sunday, December 30, 2012
I have no ill will toward this woman. She is a convcited criminal and not a victim as you state. Her status as a convcited felon, should limit her involvement with other children. I commend her for turning her life around. But you are very nieve. Criminals, even "ex-criminals" may have associations that are unsafe and can put children at risk. The question is; is it worth the risk to yound children? You only have one shot. Most likely, nothing bad will come of this. Again, this woman sounds great. It's not about her, it's about the process. Will the super start allowing more convicted felons to serve out of fear of lawsuits. Now instead of a hard fast rule, you have personal judgement in State where history shows it has been lapse.
Vinnie B.
9:03 am on Sunday, December 30, 2012
If she was convicted of a violent crime that's one thing. She was caught with a controlled substance for her own personal use and it was a bad decision on her part no doubt. She wasn't selling she wasn't committing a crime while intoxicated etc etc etc. She learned from her mistake and paid her debt as society saw fit. Keep in mind this all happened before she was even a parent. Throwing Jessica under the same blanket as convicted molesters, murderers, rapists , larcenists etc etc etc is ignorant.
rgl
10:15 am on Sunday, December 30, 2012
This woman has a job works with people had recommendations from others in positions she made a stupid mistake when she was young. She is someone who can talk to the teens why they should n't do drugs. We have teachers who scare kids yelling in classrooms accusing children belittle them is verbal abuse can be very harmful to young children especially those with disability she isn't going to do that Cran Resident you better stay home and your family cuz that guy in church the market and at the bank may hurt you and yours