California Business Litigation Blog

Three residents of Montgomery County, Maryland have filed a lawsuit against Montgomery College, stating that the college should stop providing discounts and the lowest tuition rates available to illegal immigrants. The civil lawsuit is aimed at stopping the long standing policy within the school to provide in county tuition to graduates from Montgomery public schools within the previous three years. The school does not take the immigration status of these students into consideration. However, all other students who apply to the school must provide and meet immigration status.

Of the school's budget, $208 million of it came from county and state appropriations, which accounts for 60 percent of the budget for the 2011 year. The goal of the policy, the school claims, is to provide low cost access to more students.

In the state, students are given free K - 12 public educations no matter what their immigration status is. However, state laws prohibit these students from receiving tuition assistance for higher education. There are two lawmakers currently working to reverse this, this year. This includes State Senators Richard Madaleno and Victor Ramirez. The legislation proposed would make it possible for some undocumented students to be eligible to receive tuition assistance from public schools in the state.

McDonough, who is a Republican delegate from Baltimore County, who wants stricter immigration laws, stated about the school, "They are public officials using taxpayer month for an unlawful act." He says that the civil lawsuit brought against the school is just the first step and stated that he plans to file criminal lawsuits with the state as well as the FBI's public corruption unit. An investigation has been ongoing for the last six months with the school, including audits obtained during the report. In one report, the school provided in-county tuition for more than 11,000 credit hours annually to students who did not verify their legal status.

The lawsuit also claims that the school could have collected some $5.9 million in the last three years if it had charged out-of-state rates to those students. For a three credit course, the cost for in-county residents is $321 where as for those who are out-of-state residents, the cost is $897.

The Sarasota (Florida) County School District has reached a settlement over a lawsuit filed by a student alleging mistreatment. The district will pay $52,500 to settle the claim. The claim comes from a developmentally disabled student who states that she was mistreated by her teacher, Diana O'Neill, from Venice Elementary School. The teacher no longer works for the school.

The parents of the girl will drop the lawsuit against the district but still can file additional lawsuits against the teacher. All school board members and the district have agreed to settle the claim.

However, all is not in the clear for the school district since three other students have come forward alleging further abuse. They have sent letters of intent to sue to the district.

The current settled lawsuit states that the teacher pinched, poked, slapped and shoved the disabled student and called her a "fat ass" and a "waste of air." This occurred when the student did not respond to the teacher. The student is missing half of her brain, which was surgically removed as an infant. The student is unable to talk, see or walk. According to the lawsuit, the day the student was abused, she came home with bruises.

The student's attorney, states that the student was unable to communicate her abuse to the parents since she does not communicate. The parents state that they sent the child to school daily without any idea of the child's poor handling.

O'Neill did not comment on the settlement. The amount of the settlement was reached through mediated session.

The teacher was arrested in 2008 on charges that she abused the disabled students in her care. She was acquitted of those charges. She kept her job in the school district but does not work as a teacher, but rather works in the record's department. It is possible that she could lose her teaching certificate. A state administrative judge is scheduled to hear the case against O'Neill later this month, and will then make a recommendation about revoking her teaching certificate.

The Education Practices Commission will then vote whether to accept the judge's recommended order. If the commission revokes her teaching certificate, the district would be able to fire O'Neill since she would no longer be qualified for her $78,000/year job.

Continue reading "School District Pays $52,500 to Settle Student Mistreatment Claim" »

The Fargo (North Dakota) School District has agreed to pay a sum of $300,000 in damages to a former student and his attorney. The school district agreed to settle the bullying case out of court to reduce costs. The former student alleges that he was bullied in the school system by other students from the 5th through the 9th grade.

The former student is now 21. The student left the Fargo public school system, but returned and later graduated from the high school. According to his attorney, the former student is happy with the outcome and that the school will be putting new bullying programs in place.

According to the school district, the claim has been paid by the North Dakota Insurance Reserve Fund. Mediation was used to help reach the agreement, which occurred late in 2010.

As part of the agreement, the school district has agreed to improve training to teachers and other school staff on how to notice and react to bullying occurring between students. Additionally, a curriculum that includes programs designed to teach students about bullying will be implemented at all grade levels within the school district.

The school district stated that it will develop a strong anti-bullying program that is aimed at preventing bullying from occurring and how to deal with it if it does occur. The school district will combine forces with staff, parents and the community in order to formulate effective programs, along with the help of legislators.

The lawsuit originally brought against the school district claimed that the district did not respond to the complaints of the student about the bullying and that the school did not do enough to punish those doing the bullying. The former student continues to deal with the emotional effects and ongoing depression related to the bullying.

Continue reading "School District Settles Bullying Case for $300,000" »

Potential sexual harassment which may have led to a teenager’s suicide, prompted the teen’s mother, Wendy Walsh to contact the American Civil Liberties Union. The mother, along with her attorney submitted a seven page letter to the Tehachapi Unified School District. The letter requests the school district to take action to respond with a satisfactory remedy for the alleged ongoing sexual harassment.

The attorney has not yet filed a lawsuit against the school district but instead is hoping for a more positive outcome. The attorney filed a complaint with the United States Department of Education Office of Civil Rights as well, asking the organization to investigate the school district.

The mother wants to understand why the school district did not take action when she complained about her son’s treatment throughout the years. Seth Walsh was 13 years old.
The Tehachapi Unified School District’s superintendent says that federal investigators have interviewed staff, teachers, principals and students on December 15th and 16th.

Walsh states that her son began reporting problems in the 5th grade. He later reported problems in middle school. Walsh filed reports to teachers and administers. In one instance, Seth asked for help to which a teacher responded, “That’s right, you do need help.” Later, the mother took the boy out of school. Her son was called “queer” by other students in front of his mother. At that incident, the mother found the student who made the comments and escorted the student to the office.

After enrolling in various programs, the student was brought back to the school where he was later pushed into lockers and ridiculed. The parent eventually pulled the boy out of school again, at which time he was enrolled in an Independent Study program, with “sexual orientation ridicule” as being the reason for his inability to remain in regular school.

The student continued to be abused by various other students, including one incident in which he was teased by three boys and a girl in a park. That day, he went home, showered and changed, then hung himself from a tree in the backyard.

The complaint filed by Walsh is, she states, in the hopes that better resources are made available to people in her son’s situation. Seth’s death was more than one day of problems at the park but was about years of abusive behavior about the child’s sexual orientation.