Jailbait Advocate Part 5

In Jailbait Advocate Part 4, Principal Charles Kaplan threatened to have me arrested. In this final episode, find out if I end up in jail or if the truth about Charles Kaplan prevails.

When I first thought of writing the Jailbait Advocate series, a software program cautioned me that the word “jailbait” would be offensive to some people.

The bureaucrats who break the law and threaten to have caring parents arrested are what people should be offended by.

Time To Hire An Attorney

Pete and I were forced to hire an attorney because the school district was not implementing Hayes’ IEP, and the non-compliance put our son at significant risk for serious injury at school.

I called Sandra Morgan Little, a Divorce and Family Law attorney I used to work with, for guidance. She explained that public school law was not her specialty and recommended Charlotte Mary Toulouse, who she strongly believed could help our family.

I called Ms. Toulouse and met her at her office. Sandy let her know I might be contacting her and gave her a heads-up on my legal skills. She was compassionate and understanding. After explaining our family’s situation, she agreed to help me stay out of jail.

To help keep legal fees down, she agreed to review the drafts I wrote to District personnel before I sent them. She advised me to limit my contact with Charles Kaplan, which meant I would have to resign from my Board position as the Eubank Elementary Safety Officer.

The attorney also stated that the sidewalk around the school was public, and I could safely view the playground area if needed from there.

As a legal assistant, I already knew how important it was to document every call and make copies of all letters, documents, and attachments, including the date and time.

I followed all of her guidance.

Ivan Fellow Jailbait Advocate

I called Ivan to tell him I met with an attorney and shared her information to keep us out of jail. Since Ivan was a private investigator, I think he already knew how to avoid being jailbait.

The High Price Tag For FAPE

FAPE stands for Free and Appropriate Public Education.

Trying to advocate for Hayes from first grade through fourth grade felt like a full-time job. Below is a visual summary of discrimination because the District failed to hold Charles Kaplan accountable the first time.

Here is the cost of precious time lost with Hayes:

• 125 letters to superintendents, principals, and teachers;
• 26 IEPs (Individual Education Plan) meetings;
• 16 Audio tapes of IEP meetings;
• Three Formal Complaints painstakingly written by me and filed with the New Mexico State Department of Education; and
• Meetings with the Special Education Director and Assistant Superintendent.

Most of the violations were about:

• LRE (Least Restrictive Environment);
• Personal safety;
• Restroom problems;
• Educational assistant issues;
• Confidentiality;
• Bussing problems and lack of a wheelchair bus with a lift for field trips;
• Wheelchair accessibility inside the school and on the playground;
• District liability and lack of funding excuses;
• Vague wording was written by a District employee in the IEP instead of what was discussed and agreed upon by the IEP team members; and
• Failure by the District to comply with Hayes’ entire written educational program.

Willingness

I am convinced that “willingness” is the most powerful word for change in the English language. If all school district personnel were willing to help every child succeed, our legislators would not have to keep writing complicated laws.

Instead of school districts spending money on due process hearings and lawsuits, funding could be spent in the classroom to create a positive learning environment for students and teachers.

Having spent a tremendous amount of time in the Albuquerque Public Schools, I think the American public would be shocked if news networks dedicated equal time covering allegations about our country’s educational system that they devote to politicians, serial killers, and celebrities. Shouldn’t children be more important than any of those people?

Doing The Right Thing

Doing the right thing should not depend on whether a written law is currently in place. The right thing requires honoring the spirit of the law. In my mind, the “s” in spirit stands for strengths, “p” for partnerships, “i” for inclusion, “r” for rights, “i” for individual, and “t” for teamwork.

The Final Push For Justice

Ivan and I never gave up on our mission to protect our children and the children and families of Eubank Elementary. We stayed in close contact during the four years Charles Kaplan remained principal.

One day, however, brought all our efforts together.

My phone rang. The minute I heard Ivan’s voice, I knew he was having a full-blown panic attack.

I was afraid he was going to pass out as he gasped for oxygen. So, I worked with him to calm down so I could understand the trauma he was in.

It took a few minutes, but then he said: “Marilyn, I just got back from the Albuquerque District Attorney’s Office. I delivered all my documents and proof about Kaplan. After telling them about the many problems at Eubank, they said they would open an investigation.”

“Oh my God, Ivan. Thank God you were given a chance and believed! I also want to tell you what I did today. I called Larry Barker (a long-time journalistic investigator in Albuquerque) and told him about Hayes and Kaplan getting away with discrimination and not working with parents. He told me, “Bring me what you got.”

The emotions were high for both of us as we realized Principal Evil might finally be held accountable.

The following day, I called Superintendent Peter Horoschak. He knew who I was and took my call. I explained that I would take all my documentation about Charles Kaplan and the District’s non-compliance to the District Attorney’s Office.

I further explained my conversation with Larry Barker, who asked me to bring all my documentation to him.

I requested that Charles Kaplan be removed immediately from his position as Principal of Eubank Elementary because it is illegal to discriminate and continue to put children in harm’s way with no accountability.

Other Forces At Work

I had heard rumors from one of the Eubank staff that Kaplan had commented about one of the fourth-grade female teachers. The story was Kaplan was standing next to a male staff member. When the female teacher walked by, helping the kids in her class get on the bus, Kaplan nudged the male staff member and said, “Man, would I like to get a piece of that.”

What Ivan and I did not know was that about thirty-five teachers at Eubank Elementary had filed sexual harassment and other complaints about Charles Kaplan with the District too!

It takes a lot of sacrifice and courage to change things. When people work together against evil, the truth will prevail.

I encourage you to read Jailbait Advocate Part 3 and Jailbait Advocate Part 4, which documented the Albuquerque Journal articles about the way Charles Kaplan treated children, their families, and staff.

Charles Kaplan just repeated breaking the law at Eubank that he had already gotten away with at East San Jose Elementary.

“Charles Kaplan, Eubank Elementary School principal, has been reassigned, Albuquerque Public Schools spokesman Rick Murray said this week.

Kaplan will serve out the remainder of his contract this year as an assistant to East Region Assistant Superintendent Art Romero. Although I resigned from my Board position at Eubank, I contacted Mr. Romero when I saw safety concerns and bypassed Charles Kaplan.

Murray said he was not at liberty to discuss the reasons behind Kaplan’s reassignment. Lucinda Sanchez has been assigned to Eubank as interim principal.”

When I saw this in print, I couldn’t help but remember that young female reporter who told me four years earlier that there was no story at Eubank Elementary.

Ivan and I were proud and relieved to be a part of the combined effort to force the District to finally honor the laws in place and remove Charles Kaplan from Eubank. But did you notice he got a promotion to Assistant Superintendent?

For months after Kaplan’s departure, I tried to research what happened to him. I could never find any new articles. I hope he has to do this life over again as a Hispanic female living with a chronic and progressive disability that requires wheelchair accessibility, and his twin is the principal of the school.

When doing the research for this survival story, I wanted to recognize Attorney Charlotte Mary Toulouse. Sadly, I found out that she passed away in 2019.

Some of the information in her Obituary stated: “She graduated from Notre Dame Law School in 1973. She returned to Albuquerque where she was one of the first 100 women admitted to the New Mexico Bar. Over her 46 years as an attorney there are very few aspects of law she was not involved with.

The last ten years of her practice she became a sought after Guardian ad Litem representing, supporting, and caring for hundreds of children in contentious custody cases. Many of them on a pro bono basis.” Ms. Toulouse never charged our family for any of her legal services. We were most grateful for her kind generosity.

I was struck by the last line in her Obituary: “On behalf of my mother, continue to speak out on issues that need to change.”

Resources

I know many families do not have the advantage I did and need help navigating the public school system for their children with challenging life conditions.

Please check Preschoolers With Special Education Needs for the process and other important resource links.

Council of Parent Attorneys and Advocates is a peer-to-peer network of attorneys, advocates, parents, and related service professionals working to protect the legal and civil educational rights of students with disabilities and their families. https://www.copaa.org

Tough Cookie Survival Tip: I often wondered if keeping Hayes at Eubank Elementary with a principal who did want us there was the right decision. Not too far down the road, I realized that the Eubank Elementary experience was the training our son received to grow into a wonderful self-advocate.

Copyright © 2022-2025 Marilyn K Fuller. All Rights Reserved.

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