Kiarre Harris Deconstructing A Family Crisis Buffalo, New York March 9, 2017
Published by: The Women Justice League Washington, DC

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Introduction
The story of Kiarre
Harris is a story of a single mother—an African-American woman —who seeks what many parents want: the best education of their children. This chronicle of Kiarre Harris and her two children highlights social, political and economic issues that fall at the intersection of race, poverty, tyranny and due process of law. Phillip S. masterfully captures the entire Kiarre Harris crisis in a short clip broadcasted on TheAdviseShowTV. Watch the clip: https://youtu.be/ G4U4AuPUexw.
This casebook and chronicle is an effort to deconstruct what has
happened to Ms. Harris and her children. Throughout this casebook and chronicle you will find links to actual school documents, court documents, transcripts of the court hearings, relevant state law and other documents that will shed light on this situation. This casebook and chronicle becomes even more important given a gag Order from a Family Court Judge that prevents Ms. Harris from communicating on social media, under threat of jail and loss of her parental rights.
To forcibly remove children from the custody of their sole parent, using
the full weight of government police power, has to be one of the most A CASEBOOK & CHRONOLOGY
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extreme acts of government intrusion into the lives and liberties of a family-particularly where, like in this case, there was no prior notice of a violation of law and absolutely no sign of imminent danger to the lives or well being of the children. Ms. Harris, an outspoken advocate of Black Nationalism, very well may have been targeted because of her political views. Ms. Harris is a spoken word artist and her work can be politically unsettling for some. Preservation of Ms. Harris First Amendment rights are at issue in this case. Her online presence is known and she has nearly 25,000 followers and friends on Facebook.
In addition to her polemics, Ms. Harris’ opinion about the failures of
public education in Buffalo, New York, her efforts to home school her children and her encouragement of other parents to look at home schooling as an educational choice for their children may have contributed to her prosecution.
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Background The Family
Ms. Harris, who is 30 years
old, has been the sole provider and caretaker of her two children, a daughter who is 8 years old and a son who is 11 years old. He maintained sole custody and they have resided in the Buffalo region. Ms. Harris and her children have lived alone and have had stable housing. Educationally, Ms. Harris has struggled to find a Buffalo Public School that she felt met the educational needs of her children. Her children were consistently placed in schools classified by the state a ‘failing’. Her two children are high achievers and have no special educational needs.
Finally, Ms. Harris works, has a college education and has managed to
sustain her family on a modest income. She has been a working, female head of house-hold, with two young child. She has no history of substance or alcohol abuse, mental health issues, or criminal arrests. She and her family are vegetarians.
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Background The Buffalo Public Schools District
Ms. Harris has been charged with educational neglect because of her
efforts to home school her children. Given the state of the Buffalo Public Schools District, arguably, any parent who would trust their children in a historically failing school district is educationally neglectful.
The City of Buffalo is one of the most racially segregated cities in
America. The Civil Rights Project at UCLA did an exhaustive study about America’s segregated cities. Of the most racially segregated, Buffalo was near the top. Read the report:
https://www.dropbox.com/s/4p2i9defprv876d/Kucsera-New-YorkExtreme-Segregation-2014.pdf ?dl=0.
The Buffalo Public Schools District is not only a highly racially
segregated but it's’ a failing school district. In 2015, the NYS Governor Cuomo issued a stunning report detailing how the state knowingly allowed more than 250,000 children to be educationally destroyed within New York State. The Buffalo schools ranked among the worse performing schools in the state. Governor Cuomo’s report: https://www.dropbox.com/s/o8qhifwmviy148w/ NYSFailingSchoolsReport.pdf ?dl=0
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Over the past 50 years less 30% of African-American males have
graduated from the Buffalo Schools. Ms. Harris had a rational concern about the education of her African-American son, given the history of education failure relative to African-American boys. Buffalo failing schools, a report: NPR Buffalo : http://news.wbfo.org/post/thirty-one-buffaloschools-list-failing-schools
Institutionally, change has been difficult for the Buffalo Public Schools
District, even after being found in violation of the Civil Rights Act of 1964. Dr. Gary Orfield and the UCLS Civil Rights Project, under contract to make recommendations to the Buffalo schools’ administrators in order for the district to come into compliance with federal civil rights law, ran into the difficulty of dealing with the district. Given Dr. Orfield’s difficulties, imagine the frustration of parents who have fewer resources. Read a letter from Dr. Orfield to the Buffalo School Board: https://www.dropbox.com/s/te6ykfdopueshsm/ STATEMENT%20BY%20GARY%20ORFIELD%20ON%20THE%20BUFFAL O%20SCHOOL%20BOARD.pdf ?dl=0
District Parent Coordinating Council Buffalo is unique in that it has a strong and aggressive parent organization. The District Parent Coordinating Council has been successful in driving substantial changes in the Buffalo schools—primarily through the filing
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of complaints with state and federal agencies with jurisdiction over education matters. For example: https://www.dropbox.com/s/yqteiti9jmw0j7t/ DPCC%20July%2012th%20Press%20Release%20on%20Buffalo%20School %20District%20Civil%20Rights%20Violations%202.pdf ?dl=0
Parents have proven to be the best advocates for their children, especially when they can receive technical assistance. Kiarre Harris, like Patricia Elliot-Patton, are concerned parents who have a history of active involvement in their children’s education. In both cases, with the support of the District Parent Coordinating Council, policy issues are addressed at all levels of government. Parent advocacy and support for parents who advocate for their children’s education has been a major factor in bring the Kiarre Harris situation to light. This is the type of advocacy parents like Patricia Elliot-Patton have undertaken. See Patricia’s letter to the US Education Department, Office of Civil Rights: https://www.dropbox.com/s/hhvy8waao3b40au PATRICIA%20ELLIOT%20LETTER%20OCR%20Aug%2010th.pdf ?dl=0
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Ms. Harris sought to escape the persistently failing Buffalo Public
Schools District by exercising her right to home school her children. It is a right afforded her under New York State law. Tragically, Ms. Harris was arrested, her children removed from their home and placed into foster care, and face expensive and ongoing litigation.
On March 2, 2017, officers of Buffalo’s District Parent Coordinating
Council, along with Kiarre Harris, discuss this situation on BlackTalkRadio. Take a listen: https://youtu.be/-1zxXOpHHiI.
The Home School Choice New York State Law
Parents in New York State have a statutory right to home school their
children. The New York State Education Department have issued regulations governing home schooling in New York.
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NYS home schooling regulations can be found at: New York State Education Department: http://www.nysed.gov/
The Home School Legal Advantage has published the regulations
controlling home schooling in New York State, along with sample documents and letters parents will find useful if they want to home school: https://www.dropbox.com/s/ux8s7zoa6s247ze/NYPacket2012.pdf ?dl=0
What is clear and uncontested is that Kiarre Harris properly took the
first step in the home schooling process: On December 5, 2016 she filed her letter of intent to home school her children with the Buffalo Public Schools District. The district provided her with a date-stamped copy of letter, which is proof positive of when she began to home school her children: December 5, 2016. As the documents attached will show, Ms. Harris followed all of the regulations governing home schooling.
State required home schooling document filed by Kiarre Harris with
the Buffalo Public Schools District are here: https://www.dropbox.com/s/msy9324mokz9kjo/ KH%20BPS%20Docs.pdf ?dl=0
Clearly, Ms. Harris complied with state home schooling regulations as
of December 5, 2016. Subsequent allegations made in January 2017 that her children were chronically absent from school were baseless.
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The fact that Ms. Harris has been subjected to investigation because of
her efforts to home school her children, by government officials, and her children removed from her home has, rightfully, triggered outrage across America: Atlanta Black Star https://www.facebook.com/ATLBlackStar/videos/ 1003339536467486/
WKBW TV News, Buffalo, New York http://www.wkbw.com/news/was-buffalo-mom-jailed-overhomeschooling-decision
Michael Massie: https://youtu.be/vIGmUoclZVQ Black Educational Entertainment: https://youtu.be/ZN9PQ1Ysw9w AdamAndEveNotSteve: https://youtu.be/mASR2WNr66w Color of Change Online Petition https://campaigns.organizefor.org/petitions/free-the-children-ofkiarre-harris?source=facebook-share-button&time=1487699080
The Blaze http://www.theblaze.com/news/2017/02/08/single-mother-arrested-kidstaken-after-she-began-homeschooling-them-and-one-official-is-ticked-off/
The Free Thought Project http://thefreethoughtproject.com/mother-arrested-homeschoolingchildren/
Mad World News http://madworldnews.com/homeschooling-mom-arrested-cps/
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The Harris Family In Crisis
School Make False Report, Child Protective Services Lie, Mother Arrested, Children Placed in Foster Care
Chronology
Start of 2016 School - November 28, 2016: Children enrolled in
persistently failing Buffalo Public Schools and attends school regularly. Kiarre’s son has problems with being bullied at school and Kiarre experience difficulties working with school officials.
November 29, 2016: Kiarre commences home schooling of her two
children. Ms. Harris files notice of intent to home school her children within 14 days of commencing the home schools, as NYS regulations require.
December 5, 2016: Kiarre Harris files notice of intent to home
school her children with the Buffalo Public Schools District. By letter dated December 9, 2016, school district acknowledge Kiarre’ decision to home school her children.
New York State Education Regulations (100.10) provides: Parents who
determine to commence home instruction after the start of the school year, or who establish residence in the school district after the start of the school year, shall provide written notice of their intention to educate their child at home within 14 days following the commencement of home instruction within the school district.
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See, Kiarre’s timely filed notice of intent to home school and districts’
acknowledgement of her notice of homeschooling. https://www.dropbox.com/s/msy9324mokz9kjo/ KH%20BPS%20Docs.pdf ?dl=0
December 12, 2016 - Erie County Child Protective Services (CPS)
calls Ms. Harris for the first time and inquires about children’s attendance school. CPS worker requests home visit. Kiarre explained children were being home schooled and denied request for a home visit. After repeated conversations with CPS, Kiarre insisted that no home visit necessary and repeated that the children were no longer enrolled in Buffalo schools.
December 13, 2016 - December 17, 2016 - After a series of back
and forth telephone conversations, where Ms. Harris found no basis for the CPS intrusion, a CPS worker threatened to take Kiarre to court if Kiarre continued to refuse home visit. CPS workers knew of Ms. Harris’ home address and telephone number. No court notice or summons was ever received by Kiarre. Importantly, Ms. Harris was never notified that CPS was seeking a removal order from Family Court to place her children in foster care—no notice of a removal hearing was ever given to Ms. Harris.
January 13, 2017 - Ms. Harris, driving with another adult licenses to
drive, was stopped within City of Buffalo, by Buffalo Police and CPS workers. Police and CPS workers demanded to know whereabout of Ms. Harris children and informed Ms. Harris of the removal order issued on January 13, 2017. Ms. Harris was not shown a removal order, warrant or subpoena indicating that her children was subject to being removed into government custody. A CASEBOOK & CHRONOLOGY
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Upon Ms. Harris refusal to identify children’s location, she was
arrested. Ms. Harris, again, informed police and CPS workers that she was home schooling her children and there was no basis for the neglect allegations in the court petition that they handed her.
An order removing a child from the custody of parent is an extreme
measure and should be supported by sworn testimony with a parent or guardian given prior notice that such action is possible—except in cases where a child in truly in imminent danger.
Under NYS the law:
There are two requirements for a finding of neglect. First, there must be proof of actual (or imminent danger of) physical, emotional, or mental impairment to the child. In order for danger to be "imminent," it must be near or impending, not merely possible. Further, there must be a causal connection between the basis for the neglect petition and the circumstances that allegedly produce the . . . imminent danger of impairment. This requirement is intended to focus neglect proceedings on serious harm or potential harm to the child, not just on what might be deemed undesirable parental behavior. Second, any impairment, actual or imminent, must be a consequence of the parent's failure to exercise a minimum degree of parental care. This is an objective test that asks whether a reasonable and prudent parent would have so acted, or failed to act, under the circumstances. A parent may deviate from this standard by "unreasonably inflicting . . . a substantial risk" of harm to the child (Family Court Act § 1012 [f] [I] [B]). Critically, however, "the statutory test is minimum degree of care - not maximum, not best, not ideal - and the failure must be actual, not threatened. (Matter of Afton C., 17 NY3d 1 [2011])(citing Nicholson v. Scoppetta, 3 NY3d 357 [2004]).
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January 13, 2017: Order of Removal
See a copy of the Order removal below:
Order of Removal https://www.dropbox.com/s/jdtqu2upu24vzyg/ Sample%20Removal%20Order%20Jan%2013th%20Redacted.pdf ?dl=0
January 13, 2017 - The original petition, which is predicated on
educational neglect, alleges non-violent acts by Ms. Harris and no allegations that rises to the level of imminent danger.
See the original petition below: Original Petition https://www.dropbox.com/s/klnagqn2hihap39/ Sample%20Orig%20Pet%20Jan%2013th%20Redacted.pdf ?dl=0
January 13, 2017 - Kiarre Jailed. Bond $7,000. Buffalo City Court. For the first time in her life, Ms. Harris was arrested. Kiarre banned from social media under threat of jail and loss of parental rights. The complete booking records of her arrest, including the charges filed against her and proof that she had no prior criminal record are found here: https://www.dropbox.com/s/97wpxtdkon8xd93/ KH%20Arrest%20Records.pdf ?dl=0.
January 18, 2017 - Family Court. Police raid hotel where Kiarre had
taken children. Kiarre arrested again and kids taken into custody. Place in Baker Victory.
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February 9, 2017 - Court Hearing. Original petition drooped and an
Amended Petition filed with more allegations. Children placed into custody of grandmother. Supervised visits ordered. Next court date set for March 15th.
See copy of Amended Petition below:
Amended Petition https://www.dropbox.com/s/t13rsu6yb0tsw7o/ Sample%20Amend%20Orig%20Pet%20Feb%209th%20Redacted. pdf ?dl=0
 
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Afterward: A Perspective “Blaming Kiarre…To Protect Buffalo’s Branding“ By Sabirah Muhammad Yes, Buffalo is looking bad right now. News of the malicious, vindictive retaliation against Kiarre Harris for her decision to homeschool her children has reached every corner of the nation, and probably beyond. Yes, meticulous efforts undertaken in recent years to re-brand Buffalo as a progressive, rebounding city on the move are being seriously undermined by this annoying tale of brutal misuse of state authority that has resonated across socioeconomic, political and racial lines. Even Right-Wing America is up in arms over this case, because they get what this brazen, intimately personal violation means for all of us. We all hold the bond between a mother and her children sacred – not to be whimsically and maliciously savaged. It’s so very clear that this is what has happened here, that the propaganda machine has been deployed in full force to re-shape the narrative through rumor and innuendo. The goal is to create a vortex of such confusion and controversy around Kiarre Harris, that people will throw up their hands and dismiss this matter as one big tangled mess. Don’t fall for it. Look closely… right here. A recent “mess” of an “article” appeared in a local paper on February 25th, full of sketchy insinuations about other reasons Ms. Harris’s children might have been taken. All of them serve to shroud her in suspicion, and
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suggest that she isn’t worthy of our support, but not a single one is factual – or relevant. We’re told that Ms. Harris failed to provide stable housing for her children. She moved 3 times in 9 years. In Kiarre’s own words, she defines that as keeping a roof over their heads, regardless of circumstances. She correctly states that CPS’s definition of this as “unstable” is purely subjective. Moreover, since moving is not grounds for taking her children, why are we talking about it? We’re told that Ms. Harris has a history of domestic violence, “including using a knife.” You probably used a knife today, most likely on some potatoes. But now we have images of uncouth, ghetto-fied, loud-talking “Boomshica” running around being unfit to be anybody’s Mamma. We’re told much later in the piece that somebody said Kiarre scratched her car with a knife – in 2012. Is this five-year old, unproven claim the reason her children were taken? No. So why are we talking about it? We’re told that the father of Ms. Harris’s child called CPS and told them that she had left her young children alone. Only the two of them know the circumstances behind this, but the identity of the caller indicates retaliation for a perceived slight, not genuine concern for the children. Regardless…that happened in 2011. Is this six-year old incident the reason the children were taken? No. So why are we talking about it? The school district has reportedly said that Ms. Harris’s problems with CPS started before she withdrew her children. Yes, we know… in 2011. See the duplicitous insinuation that this prior contact is related to the current situation? The school district has also claimed that this is the first time anyone
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has accused them of reporting a parent for home schooling. First of all, we don’t know that to be true. Secondly, this is probably the first time a parent has withdrawn her own children, and then made a public call for other parents to do the same – going so far as to start a homeschooling group of parents. Kiarre Harris was organizing to enlighten and empower other parents with the motivation and knowledge to take back their own children from the system that has failed them. The system that uses Black children as its cash cow is already battling the millionaires on the school board who are trying to break into its racket. It’s got new Education Secretary Betsy DeVos in a powerful position to throw more of their money to charter schools. But the power…the real power is in the hands of wide awake parents who simply say – no more. Black parents could bankrupt this “education” syndicate overnight. You’re damn right they sicked their institutions on her – with the full intent of crushing her. We’re told ominously that Ms. Harris’s children “had a history of poor attendance,” and that she had “failed to cooperate with the school district to address the poor attendance.” Later in the piece, the authors betray their own chicanery: Sources familiar with this and other cases “say the agency would not have taken her children because of a problem with school attendance.” So why bring this up? Because of what the “sources” state next: that CPS would only have taken the children because of some imminent danger. In the absence of any, the image of a “bad mother” must be conjured. Finally, the authors’ claim that “It’s not clear when exactly the district contacted CPS because the children weren’t in class…” is a concrete admission that the district, that had been properly, legally notified of the removal… contacted
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CPS because the children weren’t in class. Even those who doubt the district acted maliciously – must concede that it acted with utter incompetence. You must admit that because of this utter incompetence, young children have been taken from their mother because of a set of circumstances that the district – with a telephone call - set into motion. That’s it, and that’s all. No knives, no altercations, no lack of supervision, no absences… none of this innuendo has anything to do with the violent, traumatic, “legal” abduction of these children. Don’t act like you don’t know a White woman’s children wouldn’t have been taken under these circumstances. Don’t act like you don’t know that eight black men would never have been sent to bust up into a hotel room to pull down a White woman’s pants – forcing her 11-year old son to watch helplessly - for any reason. Don’t act like we don’t know this. Act like we do. Keep watch over Kiarre Harris. As the nation-wide army continues to amass behind her, CPS and the courts will not prevail. But we know how this goes. They’d rather “Sandra Bland” Kiarre Harris than do the right thing – and give her back her children. Her landlord has already let the police into her apartment twice, without her knowledge or consent. She has said unequivocally that she is not suicidal…nor will she be pointing a gun at police, as was claimed with Corryn Gaines. Let ‘em know right now that we ain’t goin for the dumb stuff. Churches, block clubs, and woke individuals, raise a collection for our sister. Then raise another. Free her up to focus on this fight – for all of us. Don’t set up a “Go Fund Me,” because they take a significant portion of the money. Go to 1423 Fillmore and give it to Bro. Sam Radford, who’ll make sure it gets to her. Let’s not watch Darren Wilson
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receive millions for shooting Michael Brown, or Dylan Roof for shooting up Black folk in a church. This is our sister, and these are our children. We can take care of our own… and it ain’t nobody’s business when we do. Sabirah Muhammad Re-Printed From The Buffalo Challenger News - March 8, 2017 thechallengernews.com/
For up-to-date information about Kiarre Harris Follow In The Matter of Kiarre Harris At https://www.facebook.com/handsoffharrischildren/
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