ih STOeTEBS ooss We IN THE DISTRICT COURT OF PAYNE COUNTY STATE OF OKLAHOMA (1) ANDREA WILSON, as parent and next friend of her minor children, son GCW, daughter MEW, and son WWW; (2) BETHANY BEEBY, as parent and next friend of her minor Children, KLB and KGA; (8) ELIZABETH HURLBUTT, as parent and next friend of her minor children, son AH, and daughter EH; (4) DAWNDRA BERKENBILE, as parent and next friend of her minor son HWG; (5) CRYSTAL WARD, as parent and next friend of her minor children, daughter HS, son CW, and son CW; and (6) SUSAN MARSHALL, as parent 5 r Qo Ba SEP 28 2028 and next friend of her minor children, son JJM, daughter KAM, and daughter LFM; Plaintiffs, Case No. (1) INDEPENDENT SCHOOL DISTRICT NO. 16 of PAYNE COUNTY, aka STILLWATER : onIe CORTE CGO ORIGINAL VERIFIED (2) MARC MOORE, Ed.D., in his official capacity as Superintendent; (3) TIMRILEY, in his official capacity as Vice President of Stillwater Public School Board and Ward 2 Board member (4) MITSI ANDREWS, in her official capacity as President of Stillwater Public School Board Ward 3 Board member Page 1 of 14(5) MELODY WRIGHT, in her Official capacity as Stillwater Public School Ward 4 Board Member (6) STEVE HALLGREN, in his Official capacity as Stillwater Public School Ward 5 Board member (7) STILLWATER BOARD OF EDUCATION; and (8) JOHN DOES 1-10; Defendants. PLAINTIFF'S MOTION FOR TEMPORARY RESTRAINING ORDER AND TEMPORARY INJUNCTION AND BRIEF IN SUPPORT Pursuant to 12 O.S. §§ 1381 ef seq., the Plaintiffs ANDREA WILSON, ELIZABETH HURLBUTT, DAWNDRA BERKENBILE, BETHANY BEEBY, CRYSTAL WARD, and SUSAN MARSHALL, as individual parents and next friends to their respective minor children (the “Stillwater Parent Group” or “Plaintiffs") moves the Court for a temporary restraining order for such time until the Court may afford the parties a hearing, and additionally moves for entry of a temporary injunction at such hearing against Defendants INDEPENDENT SCHOOL DISTRICT No. 16 OF PAYNE COUNTY, aka STILLWATER PUBLIC SCHOOLS, SUPERINTENDENT MARC MOORE, STILLWATER BOARD OF EDUCATION MEMBERS, TIM RILEY, MITSI ANDREWS, MELODY WRIGHT, STEVE HALLGREN, AND THE STILLWATER BOARD OF EDUCATION (the “Board”), and JOHN DOES 1-10, (collectively referred to as “Defendants”). At the beginning of the school year, the Board voted to close Stillwater Public Schools and implement a Page 2 of 1dDistance Learning program. Stillwater Parent Group began the school year with the understanding that Stillwater Public Schools would be open and operating in a traditional manner. The Board arbitrarily, and without adequate warning, forced Distance Learning on all of its students regardless of the Parent or Guardian's preference or ability to fund or facilitate a Distance Learning program in their homes ‘The Board's actions have created chaos, insurmountable hardship, and irreparable harm for the families of Stillwater Public Schools. In support of this Motion, Stillwater Parent Group shows the Court as follows: 1 FACTUAL BACKGROUND Plaintiff Andrea Ison is a parent of three minor children. Her children are only receiving 6 hours a week of classroom instruction from distance learning, and her children are falling behind in their schoolwork. Despite being denied access to an in-school education, her children are still meeting in person for sports activities with the same children they would be sitting with in a school classroom, See Exhibit A. Plaintiff Blizabeth Hurlbutt is a parent of two minor children. She recently moved to Stillwater in May. Her 9t grader and 1* grader are home alone during the day and have not been able to make new friends due to distance learning, She is very concerned about her children’s current environment and fears that they are becoming depressed. See Exhibit B. Plaintiff Dawndra Berkenbile is a single mother of two minor children. She has a 14-year-old who is in the 8" grade and on the football team and a 3- Page 3 of 14year-old daughter with sensory ADHD, and an auto immune disease and she attends daycare on a daily basis. She is also on the Board of the Stillwater Youth Football and Cheer Association that has approximately 100 Stillwater Public School students playing in their private, non-profit football Jeague, and works a full-time job, Her son is typically very active, outdoors and a quarterback for his foothall team. He is a leader and motivator for his team and amongst his friends. After Stillwater Public Schools began distance learning, he became very depressed, distant and began sleeping almost 24 hours a day. She is very worried about her son’s drastic change in behavior. Her son is having issues attending online classes because of technical eived credit for difficulties with their home computers and has not re assignments that he submitted online, but are not showing up in the system. Her son currently has 3 F's. Under normal circumstances she would consider her sons academic performance to be unacceptable but given the inherent flaws within the distance learning system, she doesn't know what to do to help her son improve his grades. She spent 27 hours on September 9** and 10* just helping her son get caught up on his assignments, but still was not able to complete them all. On September 14", she received an email from their 8" grade football coach that one third of the foothall team had at least one failing grade. The absurdity of the distance learning system is infuriating. His teachers are not teaching from the curriculum, assignments are being completed and submitted but are reported as “blank” or “not Page 4 of 14received, the teachers are compensating by assigning more homework than usual, but this only results in more time “googling” for answers because the teachers are not available to answer questions. She cringes every time she must leave for work knowing what her son must endure until she can come back home again. See Exhibit C. . Plaintiff Bethany Beeby is the parent of two minor children. Presently, Bethany is very concerned about the damage and impact the virtual learning program has caused to their family and children. They are experiencing daily tears and outbursts due to the heavy load, technology issues, and Plaintiff's work schedule, See Exhibit D. Plaintiff Crystal Ward a parent of three minor children. She has two jobs and works 50 to 60 hours per week. Her husband also works the same number of hours per week, sometimes more. Her 14-year-old is typically an A and B student who has an Individualized Education Program. Her daughter is now a D and F student. Her parents chose homeschooling for their daughter in the past, but the seclusion resulted in anxiety, depression, and suicidal thoughts. After enrolling her in a public school that provided her with a more social environment, her mental health problems subsided. Now that she is subjected to distance learning, she is facing the mental stress of online schooling as well as assisting her 12-year old and 9-year-old brothers, both of whom suffer from Attention Deficit Disorder (“A.D.D.”), with their on-line schoolwork, She and her 12-year-old brother must login to their online Page 5 of 14classes at the same time, leaving their 9-year-old brother to fend for himself. When their parents return home from work, they help their children with their assignments until 9 or 10 p.m. at night. Her 14-year-old has returned to counseling. See Exhibit E. Plaintiff Susan Marshall is a parent of three minor children, Ms. Marshall's son is showing signs of depression, is withdrawn, and has failing grades as a result of Defendants’ actions. Up to this point he was an exceptional student Her daughters are also struggling. When one of her children begins to cry or is frustrated, it is hard to not cry or be frustrated with them. The kids are presently not getting a full curriculum via distance learning. See Exhibit F. ARGUM!I 'S AND AUTHORITIES Stillwater Parent Group requests that the Court enter a temporary restraining order and/or a temporary and/or permanent injunction to maintain the status quo while this litigation is pending. Thus, Stillwater Parent Group requests that the Board, along with its officers and members, be restrained and/or enjoined from refusing to provide or in any other manner interfering with Plaintiffs right to choose In-Classroom instruction within the Stillwater Public School system and to immediately reopen Stillwater Public Schools to those Plaintiffs who elect to access traditional In-Classroom teaching. A restraining order has the object of preserving the status quo, in order to prevent irreparable injury until such time as the Court may determine the movant's application for a temporary injunction. Morse v. Earnest, 1976 OK 31, § 12, 547 P.2d Page 6 of 14955. The standards to be applied to temporary restraining orders are almost identical to the standards applied to granting temporary injunctive relief. See Smith v. Soil Conservation Serv., 563 F. Supp. 843, 844 (W.D. Okla.1982); 43 C.J.8. Injunctions § 17 at 782-84, To obtain a temporary restraining order and temporary injunctive relief, Stillwater Parent Group must, and herein does, show: (1) it will likely prevail on the merits; (2) it will suffer irreparable harm unless the restraining order is issued; (3) the threatened injury to Stillwater Parent Group outweighs the damages the restraining order may cause Defendants and (4) the order, if ed, would not be adverse to the public interest. See Roye Realty and Development, Inc. v. Watson, 1990 OK CIV APP 21, 4 4, 791 P.2d 821, 823 (Okla, 1990). To obtain a temporary restraining order Stillwater Parent Group must also show specific facts by affidavit or verified petition indicating that immediate and irreparable injury, loss, or damage will otherwise result. See Okla. Stat. Ann. tit. 12, §1384.1(B)(1). I. STILLWATER PARENT GROUP IS LIKELY TO PREVAIL ON THE MERITS OF ITS CLAIMS To obtain a temporary restraining order and/or temporary and/or permanent injunction, the movant need not prove positively that it will provail on the merits of its claims. In Atchison, T. and S. F. Ry. Co. v. Lennen, the court explained: It is not necessary that plaintiffs show positively that they will prevail on the merits before a preliminary injunction may be granted. As this court stated in Valdez v. Applegate, 616 F.2d 570, 572 (10th Cir, 1980), ‘(t)he determination of a motion for a preliminary injunction and a decision on the merits are different.’ It is only necessary that plaintiffs establish a reasonable probability of success, and not an “overwhelming” likelihood of success, in order for a preliminary injunction to issue. (Citation omitted]. Page 7 of 14640 F.2d 255, 261 (10th Cir. 1981); see also Hoye Kealty, 1990 OK CIV APP 21, 14, 791 P.2d at 823 (“To warrant issuance of preliminary injunction, it is not necessary that moving party's right to final decision be without doubt; rather, the burden is on party seeking relicf to make prima facie showing of reasonable probability of prevailing on the merits.” (quoting Williams Expl. Co. v. U.S. Dept. of Energy, 561 P. Supp. 465 (N.D.Okla. 1980)). ‘There is a substantial likelihood that Stillwater Parent Group will prevail on the merits. The Board is obligated by law to provide Plaintiffs with access to a system of free public schools wherein all children of the school district may be educated. Okla. Const. art . XIII, § 1; see also Consolidated School Dist. No. 12v. Union Graded School Dist. No. 3, 185 Okla, 485 (1939). The right of an individual to establish a home and bring up children is a well-established fundamental right. “The established doctrine is that this liberty may not be interfered with, under the guise of protecting the public interest, by legislative action which is arbitrary or without reasonable relation to some purpose within the competency of the state to effect.” Meyer v. Nebraska, 262 U.S. 390 (1923). In Meyer, the U.S. Supreme Court upheld the parent's right to choose how their children are educated and reasoned that “{cJorresponding to the right of control, it is the natural duty of the parent to give his children [a suitable] education.” Id. at 400. In Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary, the State of Oregon attempted to deprive parents of their right to choose between public and private schooling by legislative act. The act was struck down. The U.S. Supreme Court stated that, “[uJnder the doctrine of Meyer . . . we think it entirely plain that Page 8 of 14the [act] unreasonably interferes with the liberty of parents and guardians to direct the upbringing and education of children under their control. Pierce v. Society of the Sisters of the Holy Names of Jesus and Mary, 268 U.S. 510, 534, 5 (1925). In Consolidated School Dist. No. 12 v. Union Graded School Dist. No. 3, the Oklahoma Supreme Court reached the same conclusion when deciding whether or not parents have the right to decide which of Oklahoma’s free public schools to send their children to, concluding that it is the parent's right to choose. Id. at 485. Moreover, these fundamental rights are recognized by the Oklahoma Legislature in the Children and Juvenile Code. “Parents have a natural, legal, and moral right, as well as a duty, to care for and support their children and such rights are protected by state and federal laws as well as the Constitution.” 10A 0.8. §1-1-102(A)(1). Here, the Board arbitrarily, and without adequate notice to parents or guardians, shut down its free public school system and replaced it with a Distance Learning program which, not only falls short of meeting Oklahoma's minimum education standards, but has created substantial emotional, psychological and financial hardship for the parents, guardians and children. While the Board may tout some measure of safety, they do so on speculative harm and in utter disregard of their duty to educate, In the meantime, the Plaintiff's families are suffering actual harm. Again, quoting Meyer, “[t}hat the state may do much, go very far, indeed, in order to improve the quality of it citizens, physically, mentally and morally, is clear; but the individual has certain fundamental rights which must be respected ...a desirable end cannot be promoted by prohibited means.” Meyer v. Nebraska, 262 U.S. 390, 401 (1923) Page 9 of 14(emphasis added). Shutting the school down from In-Classroom learning is prohibited against the fundamental rights of parents and students. Il. STILLWATER PARENT GROUP IS SUFFERING AND WILL CONTINUE TO SUFFER IRREPARABLE HARM WITHOUT A RESTRAINING ORDER AND/OR TEMPORARY AND/OR PERMANENT INJUNCTION Defendant's refusal to allow Stillwater Parent Group's children and wards to access In-Classroom services constitutes an irreparable harm, Oklahoma law provides thai "Injury or detriment is irreparable when it is incapable of being fully compensated for in damages or where the measure of damages is so speculative that arriving at an amount of damages would be difficult if not impossible to correctly arrive at the amount of damage: ., Tulsa Order of Police Lodge No. 93 ex rel Tedrick v. City of Tulsa, 2001 OK CIV APP 153, $28, 89 P.8d 152, 159 (Okla. Civ App. 2001) (quoting House of Sight & Sound, Inc. v. Faulkner, 1995 OK CIV APP 112, 4 10, 912 P.2d 357, 361 (Okla. Civ. App. 1995); Lippitt v. Farmers Ins. Exch., 2010 OK CIV APP 48, { 8, 233 P.3d 799, 802 (Okla. Civ. App. 2010). This comports with the well-established rule that an injunction is appropriate when there is no adequate and complete remedy at law. E.g., Tulsa Order of Police Lodge No. 93, 2001 OK CIV APP 153, § 28, 39 P.3d 152, at 158 (citing First Am. Bank & Trust Co. v. Sawyer, 19 OK CIV APP 115, {f| 19-20, 865 P.2d 347, 351(Okla.Civ.App.1993)). Defendant's refusal to allow Stillwater Parent Group's children and wards to access In-Classroom services does now and will continue to deprive Plaintiffs from exercising their fundamental rights. The Oklahoma Supreme Court has stated, [w]e do not know of any rule or measure of damages by which the detriment or loss to [a student|’s best Page 10 of 14interests in securing an education may be measured. The detriment would be intangible and conjectural.” Hines v. Independent School Dist. No. 50, Grady County, 1963 OK , 380 P2d 943, 946 (1963). Further, the attached Affidavits provide ample evidence that the families’ efforts to accommodate the requirements of the Board’s Distance Learning program has created immediate and irreparable injury, loss and damages. There are numerous examples of depression, anxiety, and suicidal thoughts from children of varying age groups, and it is impossible to measure the amount of damages caused by the direct effe 's of Distance Learning on the emotional and psychological health of the children. Moreover, for those individuals that were forced to quit their jobs in order to stay at home and care for their children, there is no guarantee that those employment positions will still be available to them once they are in a position to return to work. Accordingly, Stillwater Parent Group is currently suffering and will continue to suffer irreparable harm unless and until Defondant is restrained and/or enjoined. Ill. STILLWATER PARENT GROUP’S INJURY FAR OUTWEIGHS ANY POTENTIAL INJURY TO THE DEFENDANT AS THE DEFENDANT WILL NOT BE HARMED BY A RESTRAINING ORDER AN/OR TEMPORARY AND/OR PERMANENT INJUNCTION Defendants will not suffer injury from the entry of a restraining order and/or temporary and/or permanent injunction because they cannot claim injury from activity the Board is legally authorized to undertake. On the other side, Stillwater Parent Group is being prevented from exercising the fundamental rights and the children are suffering from anxiety, depression, and suicidal thoughts. Additionally, Page 11 of 14the Parents and Guardians have been forced to purchase additional computers and internet services, hire tutors and pay tuition for private schooling if possible. Every day that the Board delays reopening Stillwater Public Schools to In-Classroom services, Plaintiffs suffer significant injury. Thus, the injury that Stillwater Parent Group has incurred and will continue to incur in the absence of this Court's intervention, outweigh any potential injury to the Defendants, as the Defendants will not be harmed by a restraining order and/or temporary injunction. IV. THE PUBLIC INTEREST IS SERVED BY THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER AND/OR TEMPORARY AND/OR PERMANENT INJUNCTION ‘The public interest is in favor of vindicating and enforcing fundamental rights. ‘These rights are clearly and forcefully set forth in the Oklahoma Constitution, Statutes, and Common Law. Moreover, in this case, the Plaintiffs are the public, ‘They are a group of individuals that are asserting the rights and opinions of the majority of Stillwater Public Schools’ 6,081 students. Exhibit “A-F.” CONCLUSION For the above stated reasons, Plaintiffs respectfully requests that this Court grant the restraining order, and set for hearing as expeditiously as the Court's calendar will permit Stillwater Parent Group's motion for temporary injunction; and that the Court grant a temporary injunction at such further hearing, of the same substance as the restraining order, barring Defendant from refusing or in any other Page 12 of 14manner interfering with Stillwater Parent Group's access to In-Classroom learning provided by Stillwater Public Schools free public school system. Respectfully submitted, SULLIVENT & FONTANEZ, PLLC Ml NOAH FONTANEZ, OBA # 19458 ROBERT D.GIFFORD, OBA # 17034 ERIC HOLEY, OBA # 33534 616 S. Boston Avenue, Suite 300 ‘Tulsa, Oklahoma 74119 'T: 918.984.1506 | F: 918.208.0785 NFontanez@sflegalgroup.com RGifford@sflegalgroup.com EHoley@sflegalgroup.com Attorneys for Plaintiffs Page 13 of 14ATTORNEY RULE 4(c) VERIFICATION In accordance with Rule 4(c), as attorney for the Plaintiffs in the above-entitled and captioned matter do state under penalty of perjury under the laws of Oklahoma that the foregoing is true and correct to the best of my belief and knowledge. NOAH FONTANEZ, OBA # 1945 ROBERT D.GIFFORD, OBA # 17034 ERIC HOLEY, OBA # 33534 616 S. Boston Avenue, Suite 300 ‘Tulsa, Oklahoma 74119 T: 918.984.1506 |F: 918.208.0785 NFontanez@sflegalgroup.com RGifford@sflegalgroup.com EHoley@sflegalgroup.com Attorneys for Plaintiffs Page 14 of 14\VIT OF ANDREA WILSON STATE OF OKLAHOMA) COUNTY OF PAYNE } - 1, Andrea Wilson, of lawful age and being first duly sworn, state as follows: 1. 1am above the age of 18 and have personal knowledge of the matters set forth in this Affidavit. 2. have three children in 6th, 9% and 11* grade respectively at SPS. 3. My children are only receiving 6 hours a week of classroom instruction from distance learning, whereas, in person they would receive 25 hours per week. There are 19 weekly hours of classroom instruction no longer being provided and thus my children are falling behind in their schoolwork trying to keep up with the curriculum on their own. The Oklahoma Statute §70-1-109. 0.S. §70-1-1115 requires 1,080 classroom instruction hours per year. 4. The “return to learn” booklet put out by the state department of education clearly states that 100% distance learning should be used in emergency situations or for large breakouts. Orange 1 and 2 would not fall into those categories and therefore distance learning should not apply. 5. My children have been meeting in person for sports activities and there have been no issues of sickness with any teammates as a result. This illustrates that following the necessary protocols and safety measures can ensure that in person instruction is low risk. 6. Many children are at risk for abuse or neglect in the home. In 2019 there were 1306 reports of abuse and 507 of the claims made to school staff were EXHIBIT Page 1 of 2 Ainvestigated and were substantiated. There is more harm than good done by keeping the children home and away from the classroom where their voices can be heard. 7). c Andrea Wilson Subscribed and sworn before me this XS day of. xpkmbe &., 2020. aeoale— NON BAC, ey mee? My Commission Numb My Commission Expires: % Commission # 13007836, ran ORL aaa Page 2 of 2AFFIDAVIT OF ELIZABETH HURLBUTT. STATE OF OKLAHOMA) ) ss. COUNTY OF PAYNE ) I, Elizabeth Hurlbutt, of lawful age and being first duly sworn, state as follows: 1. 1am above the age of 18 and have personal knowledge of the matters set forth in this Affidavit. 2. Our family moved to this City in May. Never would we imagine covid would still be gripping our lives this long. Especially, since we did everything we were supposed to do to flatten the curve which was what the point of the shutdown and cancelling of school was originally for. Thus, my children spent all summer long, in a new town, alone. They didn’t know anyone. 3. When school started, my children were excited to finally have the opportunity to meet new friends. Two days later, barely a chance to get to know anyone, school was canceled. Additionally, my two children are home alone every day as my husband and I are at work. This is not the best thing for children. This is a breeding ground for depression. 4. My 1st grader who was diagnosed with ADHD sits home and plays video games all day because there is nothing else for him to do. This is not the best thing for this active boy. 5. Let’s talk about lunch. For one, my son doesn’t want to stop at anything to eat. I can’t promise he is eating anything of substance because I am not home and can’t necessarily have my 9th grader force him to do anything. EXHIBIT Page | of 2 B6. There are no kids in our neighborhood, there is a pond behind our home, so it’s not so much we can just allow the first grader to play outside. Elizabeth Hurlbutt Subscribed and sworn before me this 2.) day of Septembe3 2020. Notary Public 7 My Commission Number: LF. onlin, My Commission Expires: 2 SON 034 sae” ge Page 2 of 2AFFIDAVIT OF DAWNDRA BERKENBILE STATE OF OKLAHOMA ) Ves. COUNTY OF PAYNE =) 1, Dawndra Berkenbile, of lawful age and being first duly sworn, state as follows: 1, Tam above the age of 18 and have personal knowledge of the matters set forth in this Affidavit. 2. Iam single mother to 2 children. One is 14 years old and an 8" grader at SPS and on the football team. The other is my 3 year old daughter with sensory issues, adhd and an auto immune disease and she attends Renaissance Richmond Daycare daily. While I am the mother of 2, I am also on the board of Stillwater Youth Football and Cheer Association that has about 100 SPS students playing footballl in our private non- profit football league currently. 3, In March 2020, SPS shut down schools and went to distance learning. Our family “isolated” and stayed home. I kept my 3 year old daughter home from daycare for a week as well but as my full time job had become a work-from-home position, I could not be on the phone or video calls and have my daughter at home. She returned to daycare daily where she has not been exposed nor gotten covid-19 and she is not masked at daycare. 4, My son was in 7 grade at SJHS at the time and after about 3 weeks became very depressed, distant, and was sleeping almost 24 hours a day, only waking to eat and use Page 1 of 4the restroom. He finally came to me distraught and explained that he was having a lot of feelings he couldn't explain and that although he was sleeping continuously when he woke, he was still so exhausted and did not want to get up and do anything. This is very unlike my son and he has never experienced depression in his life. My son is typically a very active child. He is the quarter back of his football team, outdoorsy, and is on the go, non-stop. He is the leader and motivator of his team and friends. So, for his behavior to change drastically I was worried. 5. 1 work for Grand Lake Mental Health in Stillwater and knew that at work we were already seeing a spike in clients affected by the “side affects” of covid-19. People were quickly becoming depressed and anxious due to the isolation brought about by this virus. So, I knew that is what was happening with my son. I had my son talk to a mentor of his as he did not want to see a counselor or psychiatrist and I began to see my son’s mental health quickly get back to normal. 6. In mid-June my son began Pioneer Performance which is a summer camp 4 days a week for football and is at the high school stadium. Players were masked and social distanced and there were no positive cases of covid-19 within this camp. To see these kids’ happiness to be around friends, teammates and coaches again was amazing. Then school football began in August with more strict guidelines put into place by SPS, which were followed and still we have had zero cases. My son is on the 8 grade team and they have had scrimmages and several games cancelled by SPS. They were able to play 1 game thus far. The depression that is setting in once again with my son is horrendous. Sleeping all the time, not eating, stressed out and crying. My son does not cry and I Page 2 of 4have seen him cry more times in the past J weeks of distance learning. We have had to make 3 trips to pick up books he needed for homework from the school. 7. My son can't focus while trying to watch a zoom class and many of them he hasn't been able to attend because of technical issues. We are having to learn how to navigate websites to just find assignments, learn how to complete them on the computer and turn them in. Many assignments came back with the teacher saying they were uploaded with blank attachments. I have uploaded them myself, so I know they were not blank and it’s frustrating. I had to take the email away from my son because the amount of emails that pour in is overwhelming, even for myself. . On September 10 eligibility went in for the first time, My son had 3 F's, I would NEVER allow this in school but with a flawed distance learning system, I can't blame my son. I spent 27 hours on the computer with my son Sept 9® and 10% just trying to get caught up on assignments, and he still wasn't. On September 14 we received an email from our 8 grade coach that 20 players, 1/3 of our football team, had at least 1 failing grade! That is absurd and completely unacceptable for our students. These kids are failing, not because they are just refusing to do the assignments but because of issues with technology. We can submit assignments that get sent back as “blank” or “not received” from the teacher. My son has had major issues concentrating and focusing during class as his phone always seems to ring with a classmate saying “1 can't get into class, tell the teacher” and we have had to call other students for the same reason. He cannot focus sitting at a computer with 10-15 kids pictures popped up on the screen! 9. My children are not being taught the curriculum, yet they are being assigned an increased amount of homework and expected to figure it out. We have spent more time Page 3 of 4{just “googling” for answers because it’s so time consuming just navigating technology. My son has become so depressed over feeling he’s a failure and then having sports taken away since they are in junior high they haven't played for 3 weeks now. He says he has no reason to do anything anymore, he isn't learning anything in class, and they won't let him play football, so he has just about given up. I cringe each time I must leave him at home and as soon as I get home, I go make sure he is still alive! That is something no parent should ever have to do. He refuses to go talk to a counselor and I know if I take him, he just won't talk to them, I have had him spend some time with his youth leaders the past week which has helped some. 10. This has been a rollercoaster for our family. It has affected each of us. My son may be young but he has goals for his future and SPS is screwing that up. Him struggling to pass his classes is not acceptable. eek. Dawndra Berkenbile Subscribed and sworn before me thit8Sday of So fear horr 2020. 4 Notary Public My Commission Number:_/ 2700 222 @ My Commission Expires: 2222 /a2 Page 4 of 4AFFIDAVIT OF BETHANY BEEBY STATE OF OKLAHOMA } COUNTY OF PAYNE } = 1, Bethany Beeby, of lawful age and being first duly sworn, state as follows: 1. Tam above the age of 18 and have personal knowledge of the matters set forth in this Affidavit. 2. My name is Bethany Beeby, proud mom of two. 3. My family and I have been in SPS since moving back to Stillwater in 2010 after my divorce. At that time my younger daughter started first grade at Richmond. We fell in love with Stillwater schools. We had been in Guthrie public schools and she was significantly behind. The staff at Richmond, swooped in and saved the day. They got her in Reading classes, and tutoring, they came alongside our newly formed family and were an integral part of us being successful. 4. My older daughter now is an amazing reader, she is in FFA, women’s volleyball, Civil Air Patrol, Orchestra playing the violin, women's wrestling for the first time this year. She was handling online school relatively well, then last week, geometry threw a huge curve ball, my 16 year old is having to teach herself a generally hard subject, off of a 10 minute video. I tried to work on it with her, it was so confusing. 5. Despite my working full time, she attends wrestling pre-season five days a week, sometimes having to walk the 1.5 mile after a rigorous practice to get home, or taking lyft or uber at the rate of 9-10 dollars average, that comes up to $20 a day just in rides to and from. On top of this and in between her own classwork she is attempting to help her younger sister with her studies, which even as an adult is difficult at best. 6. My younger daughter, started school at Skyline and it has been nothing short of an amazing experience. She is a little spit fire, loves life, and all things social, her EXHIBIT ge 1 of 2 )classes, teachers, lunch ladies, Art teacher, running club, all the wonderful experiences of being six. Then, coronavirus hits. Can you go back as a six year old, imagine getting picked up from school one day, and not getting any semblance of normalcy again for six plus months? It has been devastating for her. I have watched my little one's light fading daily. She was so excited for school. To finally have her friends back. To make connections, Since school has closed, the fallout on her mental state has been tremendous. She has gained weight, she is not sleeping through the night, waking up 3-4 times a night crying, she is stressed, sad, and acting out in angry behavior. We have a doctors appointment next week to see if we need to get professional psychological and/or psychiatric help. We have daily tears, and outbursts while attempting our school work. 7. 1 work in the medical field as a PTA and massage therapist, and have not had a significant amount of time off to love on my girls and help them. I did have to close down my office in Perry, however I maintained my work at the chiropractic office and home health, although at a highly decreased rate. I am a single mom. If do not work, we risk loss of shelter. Both sets of grandparents are an hour away with their own situations, and unable to help on a significant basis. My very little time that I do have with my girls 1am shoving the endless assignments down their throats as there is not much guidance from the teachers with what to do for these assignments. Bethany B Subscribed and sworn before me thie) day of Sxjetembo c, 2020. Notary Publ 4 My Commission Number: 22 My Commission Expire: Page 2 0f2STATE OF OKLAHOMA) COUNTY OF PAYNE } a I, Crystal Ward, of lawful age and being first duly sworn, state as follows: 1. Tam above the age of 18 and have personal knowledge of the matters set forth in this Affidavit. 2. I work 50-60 hours a week between both of my jobs and my husband working just about the same amount of hours if not more. 3. [have a 14, 12, and 9 year old respectively at home. 4. My 14 year old is an A and B student who is on an IEP who typically does not use her accommodation due to us pushing her to her full potential. She is currently a D and F student. She was homeschooled for years and I always said she would be able to choose to go back to school. She chose to come back to public school. We quickly seen her depression and anxiety decreased she was happy a flourishing in school again. She saw a therapist back in March for medical reasons and when she was homeschooled and secluded, she had thought of suicide. Since she started back to public school that had subsided. 5. When she found out that school was ending early for her last year when COVID hit, right before spring break, she looked like she might be entering that dark space in her life again. 6. My 14 year old is now at home not only with the mental stress of online school again, but also she has a 12 year old brother and 9 year old brother at home that are both A.D.D. She is helping the 9 year old with getting him logged EXHIBIT Page I of 2 =into his google meets online classroom by 11:30am, then after making lunch she scarfs it down. She and her 12 year old brother get ready for the same time frame of google meets leaving the 9 year old to entertain himself which means more electronics because no adult is home and none of the children can go outside to rest their minds and breathe fresh air until an adult comes home. 7. After they are done with google meets she helps the 12 year old with assignments until it’s time for youth football practice. Then she starts dinner, I get home, we eat and work on her assignments until 9 or 10pm. 8. My 14 year old reaches out to teachers for assistance and sometimes it takes weeks for teachers to reply. 9. Now we add therapy back to our schedules because she is becoming more and more depressed as she is 14 and having to act as the parent in the home and take care of her younger siblings when she should be simply enjoying life. rystal W. Subscribed and sworn before me this_&S" day of Sop ¥es2/ee, 2020. Notary Public Cra 100.3 My Commission Number: Z My Commission Expires: OB i Ne pene eze4008t, 1 Beeeeo |, Page 2 of 2JAVIT OF SUSAN MARSHALL STATE OF OKLAHOMA) COUNTY OF PAYNE } “ 1, Susan Marshall, of lawful age and being first duly sworn, state as follows: 1. 1am above the age of 18 and have personal knowledge of the matters set forth in this Affidavit. 2. lam a mom of three (3) children. My son is the oldest (age 14) and plays junior varsity football. I have two (2) daughters who are the same age (age 10 and are in 5th grade). One daughter was adopted and the other is biological. My adopted daughter has special needs and is on an IEP (Individualized Education Program). 3. My 14-year old son has been showing so many signs of depression and wanting to just withdraw from school and not caring about not being able to play sports anymore. All my kids have had exceptional grades throughout their entire school careers. As it stands right now, my son is on the ineligible list and cannot play sports even if he wanted to because of failing grades. 4. I work full time in the stock market, so my job requires me to be with my clients, and I cannot be at home. My husband also works full time and has been trying to come home and assist the kids with homework at night. At night is when myself and/or my husband have any time to assist with homework. 5. My family has struggled to manage family time, kids’ practices, and dinner. There are some nights where we are up until 10:00pm or 11:00pm doing EXHIBIT Page 1 of 2 cEhomework for the day. This is taking an emotional toll on the children and the family. When one of my children is crying or is frustrated, it is hard to not cry or be frustrated with them. The kids right now are not getting a full curriculum via distance learning. If the school switches to an A/B schedule, the students would still not be getting even half of the education that they would receive in person. 6. ‘The main issue I have at home is that since there are 3 kids, need a hotspot to provide good internet flow; however, if it is raining, the hotspots don’t work, ‘Also, when the teachers are online, it is not always a good time that the students can log in for questioning. The lack of availability of the teachers is the big problem. The kids are having to watch a video to be told how they should be doing their homework. This process and manner of distance learning is just not working for us. a faa licthul Susan Marshall Subscribed and sworn before me this 225 day of dtenler , 2020. Notary Publ a “tn, My Commission Number: My Commission Expires:, NRON BAS, Commission « 4, oy Sap comets Sandor Ss “1p OF ORNS Zs Page 2 of