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Laboy: E-mail from teacher broke no rules
By Russell Contreras, Globe Staff | May 4, 2006

LAWRENCE -- Superintendent Wilfredo T. Laboy has decided that a high school teacher under fire for forwarding an e-mail advocating that students stay home for this week's pro-immigrant protests won't face any punishment. That's because the teacher, Pedro Payano, sent the e-mail on his own time from his personal computer and it went only to other adults, Laboy said.

''We have no evidence that the school system through e-mail accounts or the system was used to communicate with any students," said Laboy, who spoke with Payano and a union representative about the matter. ''The case is closed. We gave him his due process."

Laboy told School Committee members at a meeting last week that no student has come forward to say that he or she received the forwarded e-mail from Payano, a social studies teacher. And after further review, school officials determined that the social studies teacher broke no rules in sending the e-mail. ''Like everyone else, he is protected by the Constitution to express himself," said Laboy at Thursday's School Committee meeting.

Last month, Payano forwarded a general e-mail asking people to take part in the nationwide ''A Day Without Immigrants" protest that took place Monday. The e-mail called for people not to go to work, buy anything, or go to school in support of the May 1 pro-immigration rallies. It was the same e-mail forwarded nationally by immigrant advocate groups.

Tommy Duggan, who runs the website valleypatriot.com, obtained Payano's e-mail and posted it online saying the teacher was ''encouraging kids to skip school in support of illegal aliens." A talk show host on 96.9 FM also obtained the e-mail, causing a stream of phone calls and e-mails to Laboy's office and to Mayor Michael J. Sullivan, who chairs the School Committee.

Duggan said he was disappointed with Laboy's decision. ''I understand he has to follow union rules but [Laboy] took the easy way out," Duggan said. ''It doesn't matter who [Payano] sent [the e-mail] to. He was advocating for kids to skip school."

Duggan said if a student saw the e-mail and that it came from Payano, they would be inclined to drop class because Payano is an authority figure.

But at Monday's immigration rally Payano said he felt vindicated by Laboy's decision because there was no evidence that he sent the e-mail to students. He said the whole episode was blown out of proportion by ''an ultra-right-wing, racist website that created that stuff."

''I think everything is over," said Payano. ''What I did was exercise my Constitutional rights. I did nothing wrong."

Payano said he planned to use his experience and the immigrant demonstrations in future lessons.

Duggan, who also was at the rally, dismissed Payano's charge that his posting of the e-mail was racist. ''The real problem here in the United States with a lot of the newest immigrants is that when you don't agree with them, they use the label of racism to try to silence you," Duggan said.

Close to 1,000 people attended Monday's pro-immigrant demonstration in front of Lawrence City Hall. A banner read: ''We are Latino, and we are here to stay. Period."

At the School Committee meeting last week, Laboy said he had received a number of calls about the e-mail involving Payano. But Laboy said he found that the allegations that Payano was encouraging students to miss school ''were unsubstantiated."

To ease confusion, Laboy said, letters in English and Spanish were sent home to parents informing them that school was still open on May 1.

Still, School Committee member James Vittorioso demanded that Payano come before the School Committee last week to explain himself. But Laboy advised Payano that he didn't need to come before the committee since the superintendent is in charge of personnel issues. That prompted an angry response from Vittorioso, who said Payano was setting a bad example for Lawrence students.

''He crossed the line," said Vittorioso, who walked out of last week's School Committee meeting in protest. ''I think the superintendent, by him not doing anything, is setting a dangerous precedent."

Vittorioso said students he talked to who were skipping school didn't even know why.

But School Committee member Martina Cruz said she was glad Payano didn't face any discipline.

Although Cruz said it was right for the district to encourage students to attend school on the day of the protests, she hopes no students will be punished if they opted to miss class.

Russell Contreras may be reached at rcontreras@globe.com.