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THURSDAY, SEPTEMBER 24, 2009   
Vol 2.39   
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Beatriz Montalvo and her son Mark Anthony; the eight-year-old's mother pressed charges of harassment against her son's teacher, Elaine Boodoo, last Friday.   Photo by Brian Rubin
Second Grade Teacher Arrested

ELLENVILLE � Last Friday, September 18, an Ellenville Elementary teacher was arrested by village police after a parent signed a charge of second degree harassment against her. The second-grade teacher, 61-year-old Elaine Boodoo, a veteran of the Ellenville Central School District for over 35 years, has been accused of having grabbed and bruised a student in her class, Mark Anthony Montalvo. When she appeared in village court before the Honorable Judge Matt Parker on Tuesday evening, she entered a 'not guilty' plea. Her attorney, Ivan Kalter, sought and received an adjournment until October 13.

The student's mother, Beatriz Montalvo, said that her son came home on Wednesday, September 16, saying that his teacher had grabbed him.

"He turned around to ask his classmate in the back behind him for a glue stick, so when he turned around, Mrs. Boodoo grabbed him by his arm so hard that she bruised him up," said Montalvo, relating what her son had told her of the incident.

After she heard about the incident from her son, she called the school and left a message on Boodoo's voicemail. That night, at about 9 p.m., she filed a complaint with the village police department. The next morning, Montalvo spoke with the teacher.

"She told me that she didn't do it, and that it's possible that another kid had done it, and it's possible he didn't want to say who it was, and that's why he's making up stories," said Montalvo of the conversation.

"I know my son is not going to lie."

Montalvo said that she plans to sue the school over the incident.

When approached about this story after the appearance in court this past Tuesday, neither Boodoo nor her attorney would comment. As it turns out, the village police department's requests to interview Boodoo were similarly rebuffed. As such, Chief Phil Mattracion said that the police were unable to establish intent in the incident � or, in fact, a confirmation or denial from the accused teacher.

However, Mattracion pointed out that it's important not to interpret her exercising her right to remain silent.

"What we have to remember here is that these are allegations," he said. "The teacher in this case is to be afforded the same rights as guaranteed under our constitution. It is imperative that we continue to protect the rights of all, and that due process be given to this individual as it is to all individuals in our society."

When they were notified of the incident, the police launched an investigation in conjunction with the school, interviewing six students who were in the classroom at the time.

"You have to take into consideration that, in this case, it was a direct charge from the parent�as opposed to a formal police charge, where the police make the charges," said Chief Mattracion. "We looked into it, we took several statements from different children�at the end of the day, the mother was insistent on signing the complaint against the teacher, and she has the right to do so."

Chief Mattracion said that the school's administration was extremely cooperative with their investigation, and said that the school has been conducting an investigation of its own.

According to sources, the school's own investigation is similar to that of the police's, in that those conducting it seek to speak with the teacher as soon as possible and will interview the other students in the class as well, to determine what, if anything, occurred. The school can also discipline the teacher should they be found to have acted inappropriately, with results ranging from letters describing the incident included in the teacher's file, to unpaid suspension � all in accordance with New York State law. Teachers can also request to have a union representative present during an investigation.

School Superintendent Lisa Wiles couldn't offer much in the way of details regarding the investigation, citing state law prohibiting her from discussing the personnel issue.

"Whenever an allegation is made, and the police are involved, we work collaboratively," she said on Monday afternoon. "They're completing their investigation, and then some initial information's been handed over to us. But I can tell you, with any allegations in anything that goes on in the school, the safety of all of our children is paramount, of the utmost importance."

According to Chief Mattracion, Boodoo was still working at the school as of Wednesday, a fact that prompted concerns to be voiced by another district parent, Lisa Sueaz, who also has a child in second grade.

"It's like the teacher has all the rights and the child doesn't," said Sueaz, who expressed worry over the safety of the other children in the teacher's classroom. She said that she, Montalvo, and another parent went to Tuesday's school board meeting, but were told they couldn't speak about the issue because it was a personnel issue.

"I'm just afraid for our children. I want them [administration] to do the right thing instead of being politic about it," she said.

A former Ellenville Central School District teacher spoke in defense of Boodoo, saying that the allegations made against her were "surprising."

"I think she's a very dedicated teacher," said the former teacher, who said that Boodoo had worked with "C" classes over the years, which were smaller class sections with students who needed a leg up in reading and math. "I know she'll spend her lunchtime working with kids� What I know of her, she always stuck up for the underdog students, and worked with kids like that � had them come in early, stayed at her lunchtime, gave up time to help them."



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