Report On Fox Lane Special Needs Student Abuse Scandal Released

BEDFORD, NY — When the Bedford Central School Board members returned from executive session Wednesday, the atmosphere in the hall had changed.

Just a few short months ago, when parents stood at the microphone to force school board members to address horrific allegations of bullying, abuse and sexual exploitation of special needs students in a Fox Lane High School bathroom, they were largely dismissed by those sitting on the dais. The parents' contention that school officials tried to cover up the abuse went unaddressed. In some cases, families were chided for being overly emotional and told there was little more the district could do.

SEE ALSO:

• School District Responds To Alarming Allegations Of Abuse
• Parents Say Fox Lane Trying To 'Run Out Clock' On Abuse Scandal
• Fox Lane Abuse Probe: Tip Line Open, Parents Want Full Disclosure

But, advocates speaking on behalf of those who couldn't speak for themselves weren't dissuaded.

Giovanni Piccolino, whose son was a victim, said the abuse was even more horrific because many of the students victimized were non-verbal and couldn't defend themselves, ask for help or even report the abuse.

"I implore you to be the watchdogs of the administration, to ensure that the policies that are in place are implemented and hold them accountable when there is a breakdown," Piccolino told the board at an April meeting. "Will you ask the questions that need to be asked? Like, when and how did you communicate with the parents of potential victims, or what are you doing now to find out who else may have done this and who else may be a victim? Are you reviewing these policies and the practices of the school to make sure that if naked photos and videos were taken and distributed of your child, would you be satisfied with how the administration is handling these heinous acts?"

In the face of pressure from families, the board relented and agreed to hire an independent investigator to review the district's response to the allegations of abuse. In the meantime, the board said their hands were tied when it came to holding administrators responsible for their actions.

On Wednesday evening, the prevailing winds shifted.

The independent investigators released the "Kroll Report: Investigation into Fox Lane High School’s Response to Incidents Involving Special Education Students," and found that the families' outrage was justified.

Many of the same faces were in the room for the first school board meeting since the report was released, but this time, cheers went up as Superintendent Robert Glass announced that Fox Lane High School Principal Brett Miller would resign. Glass also told those gathered that Director of Pupil Personnel Services Edward Escobar would be on leave for the "foreseeable future."

Parents who spoke later in the meeting said that while there was some vindication that the investigation confirmed what they had been saying all along, and there was some consolation that at least some school officials were being held accountable, all was not forgiven.

"One thing is now crystal clear to me since reading the Kroll report," parent Karen Close told the board Wednesday night. "The entire administration team at BCSD does not care about all students. I am feeling even more outraged, hurt and victimized than I was before, which I didn’t think was possible. Yet, I also feel vindicated and validated, that everything I knew that was wrong was actually happening. It’s obvious that the blatant disregard shown for the oversight, care and well-being and safety of our most vulnerable students was not even considered by the district’s administration and board."

And, in fact, many of those faulted in the report will not be held to account and have since left the school district. Though Miller has been relieved of his duties at the school, his resignation won't take effect until June 2023, or earlier if he gets another job, according to the superintendent.

This, despite the report's scathing evaluation of his misrepresentations of the disturbing incidents.

"The relevance of the admissions made on March 21st was they each independently confirmed the misconduct at the heart of the Whistleblower’s report was not mere 'rumor' or a 'vague, ambiguous report' as Miller and Spector described it," the Kroll report said. "The March 21st admissions confirmed the misconduct alleged by the Whistleblower had actually happened. Miller was in possession of evidence the students had taken compromising photos and video of special education students in the boys bathroom and circulated them to others, although not definitively, on March 11th. As a result, Miller should not have been making statements to key constituencies after March 21st that the administration had no evidence misconduct had occurred in the boys bathroom."

The scope of the independent Kroll report was limited to the district's handling of the investigation. Investigators were not tasked with evaluating the culture that allowed the unspeakable acts against the school's most vulnerable students to occur in the first place.

In that aspect, there will be no one held accountable for the evil that started in a high school bathroom and then spread across social media. The Bedford Police Department never made any arrests in the case. The Westchester County District Attorney's Office, after consulting with the families involved in the case where the DA had jurisdiction, did not file criminal charges and closed the investigation. Because some of the individuals involved were under the age of 16, those cases fall under the jurisdiction of the County Attorney’s Office and Family Court, not the DA’s Office and the criminal court.

It wasn't immediately clear whether the school district's failure to properly investigate and report the abuse allegations hindered law enforcement's ability to build a case.

"The administrative team was more focused on covering themselves through lies, misdirection and avoidance than they were on the well-being of the students they claimed to always put first," Close said, holding back tears until the end of her remarks. "How can anyone trust you with our kids? The fact that this district believes parents don’t have a right to be notified until after an investigation has been completed is ridiculous and should upset every parent in this room and in the district ... My goal is still the same as it always has been. I want no other family to ever have to endure this pain."

Although there are plenty of villains and bad faith actors in the report, a few heroes emerged.

The report singled out Fox Lane High School special education staff as a lone bright spot in the handling of the accusations. The teachers and staff not only immediately reported the allegations, but also took steps upon receiving the whistleblower’s report March 11 to strengthen the protocols around the supervision of special education students in the boys bathroom to ensure similar acts affecting their security and privacy would not recur, investigators said. Kroll was impressed with the dedication and commitment of the special education staff and their unwavering determination to protect their students from further harm.

In fact, it was a teacher's efforts to keep parents aware of the new protocols that led some families to find out about the heartbreaking allegations for the first time.

"These last several months have been incredibly difficult for the Bedford school community and it’s going to take time to rebuild trust and to heal," Superintendent Glass told the audience Wednesday night. "We are committed to proving through our action our commitment to the well-being of all of our students. This is a very hard time for everyone in our community. The release of this report has opened a wound that had not fully healed, following an egregious event."

The district's top official, who did not work for the school system when the events took place, also outlined a series of initiatives aimed at addressing the issues raised in the report.

"Nothing’s going to change if there's more talk and no action," school board vice president, Steven Matlin said. "My opinion is that the action needs to start tonight, and with [Dr. Glass’s] leadership, I’m hopeful that we will get there."

For many parents and caregivers who spoke last night, the efforts are too little, too late.

"We are pleased this report has been shared, which highlights the district’s failure to address this matter properly and effectively," Paul Barger, who represents many of those families, said in a statement. "This report illustrates what the families and the community unfortunately already knew: the district failed to act, and because of that, the most vulnerable members of our community became subject to harassment, bullying and embarrassment. It is deeply troubling and concerning that the administration showed so little concern and urgency to address what happened, and calls into question the culture of the building."

Barger has filed a notice of claim against the district, but the families' next moves may depend on whether the district puts words into action.

"Our clients have always sought to work cooperatively with the district to not only understand what truly took place at FLHS, but to ensure no other family has to suffer a similar fate," Barger & Gaines attorney Jennifer Swift told Patch after last night's contentious school board meeting. "These sentiments were echoed again at tonight’s board meeting. While the victims’ families have preserved their rights to seek legal recourse if necessary, their priority remains advocating for all students and families in their community. Because our clients wished to increase cooperation and transparency within the district, we awaited the release of the Kroll report — to see how forthcoming and transparent that report was — before making any decisions regarding next steps."

This story was updated to include a clarification of the role and jurisdiction of the Westchester County District Attorney's Office as it relates to this case.