LIE #27 - Return for additional startling NYS Education Office of Counsel just received complicity with Hamburg Central School District’s 243 LIES to NYS Commissioner of Education MaryEllen Elia

Receipt of NOTICE of SUSPENSION read in http://www.speakupwny.com/forums/sho...-BIG-DECEPTION is waited from Commissioner Elia.

It is strongly recommended to read Summary Background to HCSD’s 243 cover-up LIES: http://www.speakupwny.com/forums/sho...r-Elia-Coppola before reading each individual lie


From: Dave Bowen <mdavebowen@gmail.com>
Date: Fri, Oct 21, 2016 at 11:08 AM
Subject: Re: Direction of Dan D' Amico
To: Andrew Freedman <afreedman@hodgsonruss.com>, dd'amico@e1b.org, Commissioner <commissioner@nysed.gov>,Regent.Collins@nysed.gov, beth.berlin@nysed.gov, "Yoviene, David" <dyoviene@sellmoreind.com>, laura heeter <lauraheeter6@gmail.com>, Cameron Hall <buffalocam@gmail.com>, Tom Flynn <finstoleft@roadrunner.com>, roblist@hotmail.com,rschneider@hamburgschools.org, michael.mcgarry@aecom.com, dimikec@roadrunner.com


Mr. D'Amico good morning:

On October 19, 2016, respecting your Oct 18, 2016 at 2:16 PM request Mr. Freedman was requested to provide the EXHIBIT 6 reading “Notification by phone was attempted because I did contact home regarding these suspension consequences and while the student is suspended they are not permitted on school property nor can they attend any school sponsored events and if they had any questions they were to contact the Superintendent's Office”and upon Mr. D’Amico’s viewing of the document read byCranglenaturally read “suspension which was to take place on December 22nd and December 23rd”.

Mr. Freedman was requested to provide the read EXHIBIT 6 by 11am October 20, 2016. Mr. Freedman has not provided.

By his lack of response Mr. Freedman confirmed that this EXHIBIT 6 has been destroyed, altered, never existed or manufactured specifically for your punishment (unjust punishment) of Daniel.

Please be advised that this notice of misconduct, NOTICE OF SUSPENSION, was also requested during the January 12, 2015 superintendent's hearing. The January 12, 2015 hearing you adjourned for witness Cheryl McGirr who had been intentionally secreted by HCSD and for other witnesses.

EXHIBIT 9 was Daniel Bowen's discipline record referenced by you February 10, 2015. This NOTICE OF SUSPENSION read to you February 10, 2016 was the direct cause for 8 of the 9 incidents of misconduct on Daniel's discipline record and totally your expressed rationale for suspending/punishing Daniel now 318 days.


Mr. D'Amico you have been duped by HCSD and Mr. Freedman. Please advise the immediate action you will be taking in the interest of Daniel Bowen to remedy the outcome of this fraud.


Please also be advised that HCSD denied and gave you no evidence of the NYS and Code of Conduct mandated informal conference with Ms. McGirr. Some of Ms. McGirr's associates have publicly expressed concern. Contact with Ms. McGirr is being attempted as follows:


6034 Thornwood Drive
Hamburg NY 14075
October 14, 2016
Ms. Cheryl McGirr
6443 Patchin Road
Boston, NY 14025

Dear Cheryl:

CERTIFIED MAIL # 70162070000024955211

In response to the following comments of your associates all HCSD Board of Education members Hall, Yoviene, Flynn, Heeter, McGarry, List and Schneider were respectfully emailed Oct 13, 2016 at 5:05 AM with cc to Commissioner Elia requesting they arrange an immediate meeting in your interest. This email further communicated “If no leadership is evident within 24 hours a Hamburg resident will be asked to arrange this meeting between Cheryl, her trusted associate(s), Daniel and me.” This was also publically transparent in: http://www.speakupwny.com/forums/showthread.php/964516-Hamburg-Central-School-District-20-243-LIES-Hodgson-Russ-duping-Commissioner-Eli and http://hamburgschoolethics.blogspot.com/.

Comments were made in http://hamburgschoolethics.blogspot.com/: On September 25, 2016 at 6:44 PM Anonymous commented...Are they saying Cheryl Mcgirr hit a student??? I find that very very hard to believe. On September 25, 2016 at 7:00 PM Description: AnonymousHCSD staff member, Tax payer, and Parent ! commented...I don't understand this at all. They have video evidence he hit himself, why hurt innocent people trying to help your kids. We are simple employees trying to be good educators, and a kid can lie and you can slander someone's name. Ms. Mcgirr never hit a student, How dare you imply otherwise. The rest I don't know about. On September 26, 2016 at 5:51 PM Description: Anonymous Anonymous commented...Again, I know Cheryl Mcgirr and she would never lie. SO if anyone lied it wasn't her. On September 26, 2016 at 6:44 PM Anonymous commented...Mrs. McGirr is a very nice person. This has to be a big misunderstanding. But even so, the District should be honest. On October 7, 2016 at 4:09 PM Anonymous commented...When you get the rest of your information and if Cheryl mcGuirr is vindicated will you post an apology here to her? And on the rest of the websites that you posted her name?

In response to these comments you, Cheryl McGirr never hit Daniel. On December 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 2014, January 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 31, February 1, 2, 3, 4, 4, 6, 7, 8 and 9, 2016 no employee of HCSD verbally and/or in writing communicated that Daniel claimed he was hit by Cheryl McGirr. Daniel and I were not made aware of HCSD’s fraud to rationalize the December 19, 2014 suspension that Daniel claimed he was hit by Cheryl McGirr until June 23, 2015. Daniel never claimed he was hit by Cheryl McGirr.

HCSD deceptively (and silently) claiming Daniel was hit by Cheryl McGirr suspended Daniel on December 19, 2014. NYSED Part 100.2.4 Regulations - Parental notice concerning student suspensions and HCSD Policy 7313 requires assured receipt at parent’s address of such suspension/discipline notice within twenty-four (24) hours of the decision to propose suspension. The discipline/suspension notice shall provide a description of the incident(s) for which suspension is proposed. In the informal conference, the student and/or parent/person in parental relation shall be authorized to present the student’s version of the event and to ask questions of the complaining witnesses. The notice and opportunity for informal conference shall take place prior to suspension. Daniel’s December 19, 2014 suspension clearly violated NYSED Part 100.2.4 Regulations - Parental notice concerning student suspensions and HCSD Policy 7313.

Daniel remains denied attendance at HCSD for 314 school days.

NYS Constitution Article XI section 1 provides for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated. HCSD Board of Education members neglected their oath of office to support the Constitution of the United States and the Constitution of the State of New York, and to faithfully discharge the duties of office according to the best of their ability. HCSD Board of Education members Hall, Yoviene, Flynn, Heeter, McGarry, List and Schneider, in continued conflict of their oaths, again provided no (zero) leadership.

Cheryl, Suzanne McKinney has been president of: http://charactercouncilwny.org/ and actively involved for many years in creating a culture of quality character in the Hamburg schools. She is a wonderful citizen. She states “We must work to encourage quality of thought, voice and behavior, firstly and most importantly, by setting a good example ourselves, and secondly, by having high expectations for others to emulate our humble lead.” Vince Coppola and Jennifer Giallella were required by NYS regulations and the HCSD Code of Conduct, as a matter of constitutionally guaranteed due process, to schedule a meeting (informal conference) between you Cheryl McGirr (and trusted friends), Daniel and me no later than December 18, 2014. Vince Coppola and Jennifer Giallella incompetently or corruptly failed to schedule this meeting.

Suzanne has been requested by email to contact you and arrange this meeting requested inhttp://www.speakupwny.com/forums/showthread.php/964516-Hamburg-Central-School-District-20-243-LIES-Hodgson-Russ-duping-Commissioner-Eli

The USPS tracking # has been provided for anyone to follow delivery to and receipt by Cheryl McGirr. Please take Suzanne’s lead and we trust meeting soon.

Dave Bowen




The USPS delivery status is:






In consideration of the delivery status will superintendent Cornell please deliver the attached to Ms. McGirr and confirm Ms. McGirr's receipt by return email.


Thank you.


Return for additional startling NYS Education Office of Counsel just received complicity with Hamburg Central School District’s 243 LIES to NYS Commissioner of Education MaryEllen Elia