February 22, 2011

School District Settles Retaliation Lawsuit Filed by Teacher

The lawsuit filed by former teacher Sandra Brody against the Fort Worth Independent School District has been settled. The settlement was approved in January and the district will be required to pay $41,500.The teacher claimed administrators retaliated against her after concerns were reported about the school’s handling of P.E. classes. Brody worked as a teacher during the 2008-2009 school year at Clifford Davis Elementary School. She reported that the time allotted for physical education classes were being used to prep students for state math tests.

retaliation.jpgIn the retaliation lawsuit, she claimed that students were not receiving state required physical activity. She felt an obligation to also notify parents of the activities. In Brody’s suit, she also alleged that her teaching contract was not renewed as a result of her report. Brody began her career with the district in 2006 when she worked as a teacher’s aide. In the summer of 2007, she became certified to teach. Brody said she became concerned during the 2008-2209 school year when she became aware that the students were not having recess and that physical education classes were being used to prepare for the Texas Assessment test. The Texas State law has a requirement of 30 minutes of moderate or vigorous physical activity each day. The law does not specify that the activity has to be in a formal P.E. class. According to the Texas Education Agency, the activity can be offered in a number of ways.

Brody also claimed that the central administrator, who has since retired, reinstated the physical education classes after the concerns were reported. According to Brody, when she continued to report her concerns, she started to receive threats of losing her job. During this time, she had been written up regarding concerns of her job performance. There is a stipulation in the settlement that neither party in the suit has admitted to any illegal activity. The school board will rescind Brody’s termination proposal and acknowledge her letter of resignation.

District officials disputed her claim that retaliation was an issue in the case and in the district as a whole. Clint Bond, district spokesman, has declined to comment on the specifics of the retaliation lawsuit. There are currently at least three pending lawsuits against the district where retaliation is claimed. Another suit was brought about by an employee who claims that she was terminated for making a report regarding payroll problems. The third school district lawsuit was filed by a former assistant principal, who claimed that district officials sought to fire him after he made a report regarding problems at Arlington Heights High.

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February 10, 2011

School Board Adds Prayer Disclaimer to Every Agenda

The following is the new "invocation" disclaimer added by the Polk County (Florida) School Board to all meeting agendas:

Disclaimer.jpg"Voluntary invocation may be offered before the opening of the School Board meeting by a private citizen. The views or beliefs expressed in the invocation have not been reviewed nor approved by the School Board, and the Board is not allowed, by law, to endorse the religious beliefs or views of this, or any other speaker."

The addition of the disclaimer comes after the attorney for the school board, Wes Bridges, received a letter from the Freedom From Religion Foundation. The organization threatened a lawsuit if the members of the school board continued to include prayers in its meetings. The disclaimer helps to ensure that the school board is not working to promote or to establish any type of religion.

If the school board were to face the lawsuit, it could cost the school board up to $500,000 in legal fees to fight the lawsuit and even more if the school board loses the legal fight. As a way to bridge the gap, Bridges used the aforementioned disclaimer and to allow these types of prayers to only occur prior to the start of the meeting, which officially begins at the sound of the gavel dropping.

Bridges states that it is not unconstitutional for a school board to have invocations, but this disclaimer helps ensure the school board is not stepping outside of the laws otherwise. He proposed other options for avoiding the litigation as well, but this is the remedy the school board decided upon.

The Vice Chairman of the School Board, Tim Harris, stated that he was concerned with why the school board was the target of the Freedom From Religion Foundation when state legislators and Congress open meetings with prayers as well.

February 3, 2011

Desert Sands Unified School District Sued Over Religious Bricks

In La Quinta, California, the Desert Sands Unified School District is being sued in federal court because the school will not include bricks bearing Bible verses in the sidewalk. The bricks were part of a fundraiser used to build the sidewalk. The Alliance Defense Fund is suing the school district on behalf of two people, Lou Ann Hart and Sheryl Caronna. The two claim that the school violated the First Amendment Rights of the individuals when the bricks were rejected based on religious merit.

palmdeserthigh.jpgThe attorney representing the Alliance Defense Fund believes that the government is signaling out religious viewpoints. He is quoted as saying, "Christians have the same First Amendment -protected rights as everyone else does on public school campuses and their messages are no less worthy of exposure than other individuals."

The bricks were rejected, according to the lawsuit, by the district based on constitutional "separation of church and state." The complaint also stated that neither woman received a refund. The Alliance Defense Fund wants the district to pay monetary damages to the women, and pay attorney fees, and to include the bricks in the sidewalk.

Resident of Palm Desert, Hart, purchased the bricks, which measured four by eight inches, and Caronna, from Rancho Mirage, purchased an eight by eight inch brick. The two purchased the bricks to provide a message of hope for students.

After the bricks were made, the women were notified by the school district that the bricks would not be displayed in the project. That was in August of 2010. The school district claims it is looking into the situation and believes the filing of the lawsuit was premature.

The case, Hart V. Tomack, was filed in the United States District Court for the Central District of California. Tomack is a member of the school board.

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