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Dr. Boyce Watkins

Dr. Boyce Watkins

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Fighting the Arrest of Tanya McDowell: Educating Your Child Should Not Be a Crime

Posted: 04/24/11 10:28 PM ET

When I heard about the case of Tanya McDowell, the homeless mother sent to jail for sending her 5-year-old son to the "wrong" school district, I immediately thought back to the case of Kelley Williams-Bolar not long ago. I wondered how the world has gone mad enough to somehow think that it should be against the law for mothers to find ways to get their children access to a high quality education.

As a result of this homeless single mother having the audacity to get her child into a good school, she is being charged with first-degree theft and also being asked to repay the $15,686 it allegedly cost to educate her child in the Norwalk, Conn. school district. No one cares that this family has no home. No one seems to care about what will happen if this child grows up without the only woman on earth wired to love him unconditionally. No one seems to care about the massive costs to the state of prosecuting this mother and eventually the child, as we deliberately trap them in an intergenerational cycle of poverty and criminal justice. All that seems to matter is that they keep this little boy out of their school.

When we formed our coalition to support Tanya's situation, we were initially confused about the school predicament in Connecticut. If the schools in Ms. McDowell's own district had been adequate in the first place, there would be nothing to prosecute (even though she told me that she lived in a van in Norwalk, making it legal for her to educate her child in that area). So, perhaps local officials should also be prosecuted for unconstitutionally denying Ms. McDowell's child his educational opportunities.

If taking a seat in a public school is worth incarceration and living life as a convicted felon, then stealing a child's mother and his future should certainly call for an even harsher penalty. So, I'd be remiss not to find the Mayor of Norwalk, Richard Moccia, guilty of abducting the infinite value of this child's life by perpetuating academic apartheid in the state of Connecticut.

It's not as if the state of Connecticut can't afford the cost of helping Ms. McDowell find access to a home and an education. Connecticut is the third wealthiest state in the nation, and full of Wall Street billionaires who got rich by creating the greatest economic crisis in our nation's history. The least that the state can do is change the laws that keep loving mothers like Tanya McDowell from having the ability to educate their children. We must find ways to rise above the madness and see educational inequality for the civil rights issue that it is. Throwing away our children and their mothers is not good for America.

 

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When I heard about the case of Tanya McDowell, the homeless mother sent to jail for sending her 5-year-old son to the "wrong" school district, I immediately thought back to the case of Kelley Williams...
When I heard about the case of Tanya McDowell, the homeless mother sent to jail for sending her 5-year-old son to the "wrong" school district, I immediately thought back to the case of Kelley Williams...
 
 
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HUFFPOST COMMUNITY MODERATOR
broui
No d#%& cat. No d#%& cradle.
07:55 PM on 04/28/2011
I really dislike the headline.

In my district, we have our homeless kids too. We know who they are. Some are out of district. We overlook it and give them a "variance".

Our position is that the education and safety of the student is far more important than the technicalities of where that child is living.

We're in the human development profession. When we're dealing with homeless children and teenagers (in my case) the human development part is difficult enough. School is better than home and we the people must see to the problem the best we can.
05:46 PM on 04/27/2011
Forget about helping this poor homeless woman and her son out, what we’re now trying to do is create an orphan and inmate, both of which will be dependent on taxpayer money for AT LEAST a decade.

http://scallywagandvagabond.com/2011/04/homeless-mother-faces-20-years-jail-for-sending-her-son-to-wrong-school/
11:43 AM on 04/27/2011
As both a resident of Norwalk and a teacher in the Norwalk Schools, I totally disagree with this article. This woman broke the law; the number of students that actually live in Bridgeport that attend the Norwalk schools is quite high; I have personally be involved in residency investigations, and it is insane the amount of time and effort that the district has to take to prove it; as a taxpayer and an educator, I couldn't be happier with Moccia. I pay my taxes here, and those taxes in part go to the schools. Out of District (and undocumented students) suck up resources that children who are LEGALLY enrolled in school should be recieving. Imagine the test scores if all the students who arent enrolled legally weren't taking up seats? The district/school could deliever instruction more efficently, to a smaller class!!! Why not send my kids to Darien, or Westport for a 'better education'? Because I DON'T LIVE THERE. This particular mother lied, and while her child is the one who is caught in the middle, the ends do NOT justify the means. She knew what the rules were re: residency; hence, all the effort she put into getting around them! And while she is homeless, there are a number of programs/agencies that she could have utilized THE RIGHT WAY. This woman tried to play the system and got caught, plain and simple.
07:18 PM on 04/27/2011
She's homeless! She' doesn't "live" ANYWHERE! Maybe you should read an article with her side of the story before you fall off your moral high horse and break something. http://www.ctpost.com/news/article/Welcome-to-the-new-three-Rs-reading-writing-and-1347832.php
09:21 AM on 04/28/2011
She falsified an address, she did not say she was homeless. Had she not lied, her kid probably would have been allowed in the Norwalk schools and yes that probably would have required certain conditions with the mother (like needing to stay in the shelter most nights of the week). Attack me for being on my moral high horse, but if this mother stayed away from the drugs, she probably could devote more time to getting her act together for the sake of her kid.
11:51 AM on 04/28/2011
"The Housing Authority lawyer, Donna Lattarulo, told the Stamford Advocate that McDowell testified during an eviction hearing for the baby sitter that she did not live in the sitter’s apartment, but the judge thought otherwise. Staying at the sitter’s apartment violated housing authority lease rules, Lattarulo said.
The lawyer decided to make the state’s attorney aware of what appeared to be a fraud by McDowell. "Someone was lying," Lattarulo told the Stamford Advocate. "I thought I should pass it on to the authorities."
There is some dispute as to whether McDowell ever told school officials that she was homeless, which would have allowed her son to stay in the Norwalk school, the Times says."
Nicole, the facts are the facts. I have personally assisted two families connect with social services that were homeless. The services are there, all you have to do is utilize them the right way. The District is set for a certain # of students every year, and then 50 or 60 more show up who are playing the same game this woman tried to play. And again, she did this with no regard for her child. And she continues to parade around to talk shows and interviews, what about the child? I would have called DCF before it even came to this. The facts will cushion my fall of the horse, Nicole,as will the tax dollars the city saved me from paying for this woman and her poor decision.
09:03 PM on 04/26/2011
someone needs to look at the federal law that states that a school cannot deny homeless children enrollment in their school.The McKinney-Vento Act deals with those issues. The law, passed in 1987, was strengthened considerably in 2002 with passage of the No Child Left Behind Act. It says that if students show up at a school claiming to be homeless, the school should admit them.
nytimes article September 18, 2005
HUFFPOST COMMUNITY MODERATOR
dancingstu
Christian, liberal lawyer
01:39 PM on 04/27/2011
So why didn't she follow the law and sign the school admission forms by claiming that she is homeless rather than lying about her address as being that of her babysitter/friend?
04:19 PM on 04/27/2011
Probably because she's not a lawyer.
07:16 PM on 04/27/2011
did YOU know about the law before this happened? How many people know about this law or these resources. I would imagine not very many people at all.
Epilef2000
Cafe Con Leche Party
08:20 PM on 04/26/2011
Sing the petition to stop the prosecution of Tonya on Change.org

http://www.change.org/petitions/stop-prosecution-of-homeless-woman-tonya-mcdowell-for-sending-son-to-wrong-school-in-norwalk-ct
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HUFFPOST SUPER USER
Dolmance
08:10 PM on 04/26/2011
So this means that if you're homeless, by law your child cannot go to any public school at all. They must by law remain uneducated.
HUFFPOST COMMUNITY MODERATOR
dancingstu
Christian, liberal lawyer
01:36 PM on 04/27/2011
Not even close to reality.  A person who is homeless would simply have to establish that she resides in the district a signifcant portion of the year, whether in a van, at a friend's apartment or in a shelter.  That is what Ms. McDowell should try to prove at trial, if it is true.
04:28 PM on 04/26/2011
I hate to state the obvious, but it wouldn't make sense to allow parents like her to enroll their children in any random district.

Imagine what would happen to the quality of nearby schools if even half of the students from a large, urban district just showed up one day. Not only would the classrooms be unable to handle such a large influx, but the quality of education would decline as hoards of underachieving kids showed up ill prepared and poised to slow down the students who were already there.

The sad truth is that the quality of a school is more often than not a reflection of the community it serves--the very reason why almost every "low-quality school" is located in a community full of people living in generational poverty.

If I was a parent in a nearby suburban community that has great schools, the last thing I'd want is for hoards of students multiple grade-levels behind to show up in my kids' classrooms.

As someone who's worked in one of this country's worst urban districts, I feel that the mother should either (1) move elsewhere or (2) start advocating for the positive change that needs to happen for her district to improve.
03:56 AM on 06/04/2011
shoukdnt everyone advocate? I mean if all the hood kids showed up at your kids school then you would have the capitol's number in speed dial. There was be hoards of Lexus BMW and Mercedes in Harford because goodness forbid the urban children slow your kids acdemic progress. Never mind that standing idly by while kids are denied thier constitutional right is not only wrong its dangerous. After all when their uneducated urban kids go out in the real world and cant get a job because thei high school education left them with only a nine grade suburban education then you better hope they take their frustration out on their own community.
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04:00 PM on 04/26/2011
The school can't educate everyone who wants to go to it. Hence, residency requirements. Otherwise good schools would be overwhelmed
 
. But you are welcome to ask her to move in with you so her child can go to school in your district.
03:46 AM on 06/04/2011
all school should be good schools no one should have to move in with anybody. Greenwich should be the same as Bridgeport. Granted there are going to be perks that poorer school districts cant afford but books, supplies nurses should be the same.
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Kimiko Austin-Rijs
American/European
02:38 PM on 04/26/2011
Some people really do not deserve their moderator privileges and abuse them by not posting comments that they disagree with.
HUFFPOST COMMUNITY MODERATOR
dancingstu
Christian, liberal lawyer
03:09 PM on 04/26/2011
Give it up, Kimiko.  Even the folks with moderator privileges are waiting a crazy length of time for our comments to post.  You are not a victim, for Pete's sake.
HUFFPOST COMMUNITY MODERATOR
dancingstu
Christian, liberal lawyer
04:42 PM on 04/26/2011
Just like your claims that scores of wealthy white people are sending their kids to schools in different school districts and administrators are looking the other way, your claim of victimhood (because comments are taking forever to post) isn't grounded in reality.
09:06 PM on 04/26/2011
If you think white flight isn't real, you haven't lived in America longer than 10 seconds. But, thankfully there are multi-racial neighborhoods as well. Ok mods, scrub away!
01:55 AM on 04/27/2011
Segregation in the US today is as widespread now as in the 1950s. See the work of UCLA professor Gary Orfield.
01:38 PM on 04/26/2011
This is a shocking case. That this kind of thing is happening in America is very disturbing. The punishment she received is beyond ridiculous and the law they used to prosecute her with is cruel, draconian and unconscionable. Thank you Dr. Watkins for bringing our attention to this.
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Kimiko Austin-Rijs
American/European
11:31 AM on 04/26/2011
I am absolutely astounded that most of the people speaking with such rankor about this woman, do not understand that there are students in just about every school district, that live outside of the district that they actually go to school in. I have never in my 44 years see anyone arrested for it until now. No one ever tried to force them to pay $16,000 in private funds for what is essentially a public school education.

That people that attack this woman is not shocking to me, but that they attack when they would be surprised at how many people that they related to, aqainted with and respect do the very same thing that this woman did. Had it been one their friends, cronies or loved ones I have no doubt what so ever that their point of view would be one of compassion.

The mayor should be ashamed and looking for other more suitable employment for these antics, as he is not really suited for public service. The administrators that were a party to this should also be seeking other employment for the humiliation that they have caused this child. I wonder has any one even considered how he must feel? He certainly does not understand why mom is in trouble or why he can't be at school with his friends. His life ultimately has no value. Had she killed him and herself because of the hopelessness of their situation, would people have been happy with that solution?
HUFFPOST COMMUNITY MODERATOR
dancingstu
Christian, liberal lawyer
01:38 PM on 04/26/2011
"I am absolutely astounded that most of the people speaking with such rankor about this woman, do not understand that there are students in just about every school district, that live outside of the district that they actually go to school in."
 
Would you please provide some support for this assertion?
 
You made a similar claim in response to a comment of mine, and you even wrote that school officials were aware of such people and yet do nothing.  I would be very interested to know where you get these claims from, because (I admit) I view them with a great degree of skepticism.  If the school officials in Norwalk had done so, they would be exposing themselves (and the State of Connecticut, for that matter) to civil liability for racial discrimination in a lawsuit filed by Ms. McDowell.
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04:01 PM on 04/26/2011
While arrest is extremely rare, making the parents repay the money is not rare.
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Kimiko Austin-Rijs
American/European
04:37 PM on 04/26/2011
It is to me. I have NEVER seen it happen. I am not saying that it hasn't but I am saying that it doesn't happen often in the places that I have lived. I have family and friends that are educators and they say that it is rare.
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10:58 PM on 04/25/2011
You’ve got YOUR schools.

We’ve got OUR Schools.

This will teach you to stay on YOUR side of the train tracks.
10:59 PM on 04/25/2011
separate but unequal is a long, long tradition in the US

but its days are numbered
HUFFPOST COMMUNITY MODERATOR
dancingstu
Christian, liberal lawyer
10:41 AM on 04/26/2011
This isn't about class warfare.  This is about a woman who lied on multiple occasions when it suited her desires.  She had a legal remedy available to her if the schools in her district were inadequate, by virtue of the Sheff v. O'Neill case in Connecticut.  Furthermore, her babysitter and friend lived in subsidized housing in the school district she wanted her child to attend.  Subsidized housing is full of "those people" that you mistakenly assume are forced to attend separate schools.
 
The debate about this woman is largely about whether the end justifies the means.  If she had robbed a bank because she needed the money to live in the best school district, would that have been justifiable?  No, it would have been understandable, but it still would have been wrong.
12:31 PM on 04/26/2011
This woman lived in a van in Norwalk.......technically her son legally had a right to attend school in that district. READ the article again.
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HUFFPOST SUPER USER
Dolmance
08:11 PM on 04/26/2011
So this woman cannot by law send her child to any public school, because she has no residency anywhere. Is that what you're saying?
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10:55 PM on 04/25/2011
To take a loving, caring mother away from her small child to serve time for a "felony" "theft" of education is a much worse, even heinous crime.

HOW can it be in that little boy's best interest to break up the only family he has - someone who deeply and honestly loves him - and put him into foster care?

In this case, the state is far more interested in monetary "restitution" and faux "justice" than human life and preserving the family.

Karma awaits, Connecticut.
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04:01 PM on 04/26/2011
Her actions had consequences
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10:40 PM on 04/25/2011
"Laws are spider webs through which the big flies pass and the little ones get caught."

~ Honore de Balzac
10:59 PM on 04/25/2011
Bravo!
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10:39 PM on 04/25/2011
"The law, in its majestic equality, forbids rich and poor alike to sleep under bridges, beg in the streets or steal bread."

~ Anatole France
11:00 PM on 04/25/2011
I don't know whether to laugh or cry.

These are quotes to save on the hard disk.
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HUFFPOST SUPER USER
agness nutter
What fresh hell is this?
11:20 PM on 04/25/2011
That used to be one of my favourites, thanks for reminding me.