3550 N. Dowlen, Suite B

Beaumont, TX 77706

Phone 409-833-9151

Fax: 409-866-4196

SCOTT NEWAR ATTORNEY AT LAW

Board Certified, Labor and Employment Law

Texas Board of Legal Specialization

3700 Buffalo Speedway,

Suite 300

Houston, TX 77098

Phone 713-226-7950

Fax 713-226-7181

newar@newarlaw.com

October 4, 2017

Richard A. Carranza

Superintendent

Houston Independent School District

4400 West 18th Street

Houston, Texas 77092-8501 Via Fax: 713-556-6015

Re: Dr. Bertie Simmons

Dear Superintendent Carranza:

By way of introduction, I am a Texas Board-Certified Labor and Employment lawyer with over

twenty-five years’ experience in trial and appellate litigation of labor/employment law disputes.

I currently represent Dr. Bertie Simmons.

Dr. Simmons has served as the Principal of HISD’s Furr High School since 2000.

As you well know, Dr. Simmons’ accomplishments as the Furr High School Principal are

legendary and are too numerous to recount here.

Among her many accomplishments, Dr. Simmons applied for and, in 2016, obtained a five-year

ten million dollar ($10,000,000) grant from the XQ Project to make Furr a “super school.”

Furr High School is one of only ten (10) schools in the United States to be awarded this

prestigious grant.

On September 29, 2017, HISD rewarded Dr. Simmons for her numerous accomplishments—

including the XQ grant—by removing her from Furr pending its investigation of “[a]llegations of

inappropriate conduct.” See Exhibit A.

According to the attached September 29, 2017 Memorandum from Dr. Jorge Arredondo,

HISD’s East Area Superintendent, Dr. Simmons “failed to adhere to the district’s decision to relax

student dress code for the first semester and…verbally threatened students with a baseball bat.” Id.

Richard Carranza

October 4, 2017

Page 2

Dr. Arredondo’s allegations are false.

First, HISD did not “relax” its student dress code in the first semester of the 2017-2018 school

year.

Rather, as the attached documents attest, HISD allowed each individual HISD school

principal to decide whether to “relax” its school dress code or not.

For example, during the first week of September, Dr. James A. McSwain—Principal of Lamar

High School—informed Lamar students:

Uniforms are required. If you have them, you must wear them.

If you lost your uniforms in the storm and cannot afford to

purchase new ones, we will have assistance for you here at

school.

See Exhibit B (emphasis added).

On September 5, 2017, Hogg Middle School notified its student body that Hogg’s dress code

would also be enforced:

We believe uniforms serve as a great equalizer and

provide students with a sense of normalcy. Hogg M.S.

will adhere to our uniform policy this school year with

compassion.

See Exhibit C (emphasis added).

Moreover, on September 6, 2017, Dr. Arredondo posted on his Facebook page that HISD had

“[f]ree uniforms available for distribution at 7 sites across [sic] city.” See Exhibit D. Dr.

Arredondo’s Facebook post clearly implies that HISD has not “relaxed” its uniform policy.

As you know, for many years, Furr High School has been plagued with gangs and violence. To

help eradicate these gangs and reduce violence, Dr. Simmons implemented a strict uniform policy.

Dr. Simmons’ strict uniform policy—among her many other pathbreaking reforms at Furr—served

to reduce violence and instill discipline among the student body. Indeed, this is one of the reasons

that the XQ Project awarded Furr the $10,000,000 grant.

As a consequence, Dr. Simmons decided not to “relax” Furr’s uniform policy in the first

semester of this school year. Indeed, Dr. Simmons decided that “relaxing” the uniform policy

would cause an increase in gang activity and, potentially, gang violence. As the Lamar High

School and Hogg Middle School documents cited above attest, Dr. Simmons’ decision was well

within her discretion and did not/does not violate HISD policy.

In his September 29, 2017 Memorandum, Dr. Arredondo also states that an “allegation has

been made…” that Dr. Simmons “verbally threatened students with a baseball bat.” See Exhibit A.

Richard Carranza

October 4, 2017

Page 3

It is noteworthy that Dr. Arredondo does not identify the person(s) who purportedly made this

“allegation” against Dr. Simmons. Nor does Dr. Arredondo identify the “students” whom Dr.

Simmons purportedly “threatened” with a “baseball bat.”

Dr. Arredondo’s failure to identify Dr. Simmons’ accuser(s) raises the specter that they do not

exist.

In any event, Dr. Arredondo’s assertion is false.

During her 17 year tenure as Furr’s Principal, Dr. Simmons has routinely—albeit playfully—

referred misbehaving Furr students to the baseball bat that she keeps in her office. However, not

once in her 17 years at Furr has Dr. Simmons ever used or threatened to use that baseball bat or

any other object to discipline or harm any student.

As you well know, Dr. Simmons is 83 years old and approximately 5 feet tall. Therefore, it

defies credulity and common sense that Dr. Simmons could objectively threaten anyone—let

alone, high school students—with a baseball bat.

Hence, the “allegation” that Dr. Simmons threatened students with a baseball bat is

categorically false.

However, Dr. Arredondo has not only levelled these false allegations against Dr. Simmons.

On Monday, October 2, 2017, Dr. Arredondo contacted the Greater Houston Community

Foundation (“GHCF”)—which is the sponsor of the XQ “super school” grant—in an effort to elicit

damaging information about Dr. Simmons. Specifically, Dr. Arredondo questioned Stephanie

Blair—GHCF’s Philanthropic Services Manager, who is responsible for overseeing GHCF’s

distribution of the XQ grant funds to Furr—about Dr. Simmons’ use of the XQ grant funds. Ms.

Blair informed Dr. Arredondo that GHCF has no concerns about Dr. Simmons’ use of the XQ

grant monies.

Coupled with his September 29, 2017 Memorandum—which contains no allegation that Dr.

Simmons misappropriated or misused XQ grant funds—Dr. Arredondo’s October 2, 2017 call to

GHCF indicates that HISD’s real motivation for investigating and disciplining Dr. Simmons is

illegal.

More specifically, Dr. Arredondo and, possibly, other HISD administrators seek to remove Dr.

Simmons as Principal of Furr High School because of her age and/or race. Additionally, it appears

that Dr. Arredondo and other HISD administrators seek to wrest the XQ grant from GHCF and Dr.

Simmons and utilize the grant monies for purposes for which they are not intended.

HISD’s illegal conduct has seriously damaged Dr. Simmons’ good name and professional

reputation and caused her extensive mental anguish and emotional distress.

Richard Carranza

October 4, 2017

Page 4

Accordingly, this letter will serve as a formal demand that HISD undertake the following

actions by this Friday, October 6, 2017, at 5:00 p.m.

1. Reinstate Dr. Simmons to her position as Principal of Furr High School

effective October 9, 2017;

2. Remove Dr. Arredondo’s September 29, 2017 Memorandum from Dr.

Simmons’ personnel file; and

3. Immediately cease and desist from any/all actions and/or statements that

violate Dr. Simmons’ rights under federal and state discrimination laws

This letter will also serve as a formal demand, pursuant to the Texas Public Information Act

and the Texas Open Meetings Act, that HISD produce to Dr. Simmons—through her undersigned

counsel—all of the following documents:

1. All documents evidencing any communications (including emails; text

messages; and Facebook posts) between Dr. Arredondo and any other HISD

employee or any third party regarding Dr. Simmons’ alleged violations of law,

policy, procedure, directive, or practice, including, but not limited to, violation

of the decision to “relax” the HISD uniform policy; “threatening” HISD

students with a “baseball bat”; and/or misusing the XQ grant funds;

2. All documents pertaining to HISD’s decision to place Dr. Simmons on

administrative leave on September 29, 2017; and

4. All documents pertaining to HISD’s purported “relaxation” of its uniform

policy in the first semester of 2017-2018

On behalf of Dr. Simmons, I appreciate your time and cooperation and look forward to your

timely response in accordance with federal and state law.

Sincerely,

/s/ Scott Newar

Enclosures