August 20, 2010

Pro Life T-Shirt Wins in Federal Lawsuit

In US District Court, a judge ruled against McSwain Union Elementary School in Merced, CA. The lawsuit against the school was filed on behalf of Tiffany Amador, by her mother Anna Amador. In 2008 an incident involving the then sixth grader resulted in the school requiring the student to take off a pro life t-shirt. The judge ruled that the school and three officials from the school violated the student's rights, including violations to the First, Fourth and the Fourteenth Amendment.

FirstAmendment.jpgThe case was scheduled to go to trial later this month, but the school settled the claim for $50,000, without admitting any wrong doing in the case.

The T-shirt in the case portrayed several pictures of an unborn fetus in the womb, with the word "Abortion" written in capital letters across the top of the shirt. The first two pictures on the shirt portrayed an unborn child through sonographic images. The final square was black, with the word "gone" under it. The school stated that the t-shirt violated the school's dress code.

According to the lawsuit, the student was required by a staff member to throw away her lunch and immediately report to the main office of the school. Then, according to the lawsuit, another school official grabbed the student by the arm and forcibly took her to another official's office. She was then ordered to remove her t-shirt and to never wear it again.

The Amadors’ attorney stated that the school had done the right thing by avoiding a trial and by allowing the judgment to be entered. According to the attorney, "Student speech at all grade levels is protected by the First Amendment. With few exemptions, such as profanity and lewdness, the Constitution prohibits school officials from picking and choosing what messages they find acceptable."

The school has since revised its dress code. The new code takes effect in the coming school year and it prohibits students from where any clothing with text or graphics, except for small school logos.

July 29, 2010

Bible Ban Lawsuit In Florida School District

Earlier this month a lawsuit was filed in a Florida court in hopes that ban on the the distribution of Bibles currently in place will be lifted. The ban does not allow Bibles to be distributed on public school campuses on Religious Freedom Day, which is January 16 each year. The President of the United States declares it yearly as such.

banned-bible.jpgThe Liberty Counsel, a nonprofit litigation and policy organization filed the suit. The group states that the district school board of Collier County allowed a group called the World Changers to distribute the Bibles each year, during off school hours on that day. The group says that the school board changed its policy and no longer believes that the Bibles offer any educational benefit to students and therefore should be banned.

The Collier County School District does allow for nonprofit organization to distribute material, however approval for the process must be obtained from the superintendent and from the Community Request Committee first. In January of 2009, World Changers were denied this approval. The group says that they include a disclaimer in the material of school endorsement or sponsorship and no one is forced to accept a Bible.

According to Superintendent Dennis Thompson, the denial of approval was based on a new legal opinion the school district received.

Liberty Counsel states in their lawsuit that the school district is in violation of the group World Changer’s rights to free speech, press and exercise of religion, as well as the equality protection guaranteed under the 1st and 14th amendment. The organization states that the school board does not understand the distinction of a private speech, which they claim is what World Changers is offering, and how private speeches should not be banned.

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July 19, 2010

Louisiana School Officials Sued Over Handcuffing Six Year Old

Louisiana school officials face a lawsuit for handcuffing and shackling a six year old boy. The advocates who filed the charges include the child’s parents, the Juvenile Justice Project of Louisiana and the Southern Poverty Law Center. School officials from the Louisiana Recovery School District are accused of handcuffing the child for what the attorneys call, “minor offenses.” Included in the lawsuit are Paul Valias who is the superintendent for the school district and security officers of the Sarah T. Reed Elementary School where the child, now seven, was a student.

Handcuffs%20on%20child.jpgAccording to the director of communications for the school, Ken Jones, the employee involved in the charges was terminated and the child was never arrested. However, attorneys say that the methods of punishing students at the school crossed the line.

According to the lawsuit, an armed school security officer took a six year old to the principal’s office where the child was then handcuffed and shackled to a chair. The student was accused of shoving another child. Two days prior to the incident, which occurred in May of 2010, another officer handcuffed the child for failing to “listen and follow directions.”

The parents of the child said that the principal defended the officer’s actions in the case. The lawsuit states that the principal told the parents that it was part of the school’s policies to handcuff children who were “out of control” until they calm down. The child did not move when the principal told him to and the principal is accused of saying, “if the child failed to follow the rules in the future, he would be handcuffed.”

The parents claim in the lawsuit that the child’s life will never be the same since being handcuffed.

On a related note, HERE is an AP story about a similar lawsuit recently filed on behalf of an eight year old autistic girl who was allegedly handcuffed and arrested at her school last year. This lawsuit claims that the school district and the Sheriff's Department violated the Americans With Disabilities Act.

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July 13, 2010

Federal Trial Could Answer Question: Is Cheerleading a Sport?

In Connecticut, a federal judge will rule on whether or not cheerleading is a sport. The lawsuit filed by the Connecticut's Quinnipiac University's volleyball members and its coach, Robin Sparks, further looks at whether schools need to look for other ways to meet the gender equity requirements. The school cut the women's volleyball team last year and instead put in place a competitive cheer squad.

Cheerleaders.jpgThe judge in the case, Judge Stefan Underhill, further needs to determine if the school manipulated the size of its rosters on other teams to ensure that it meet the requirements of Title IX, a federal law established in 1972 that requires all schools to offer equal options for men and women in athletics. The judge has ruled that the lawsuit should be a class action suit for all current and future female athletes at the school. The trial will go to US District Court in Bridgeport for a decision.

The judge issued a temporary injunction last year to stop the school from disbanding the volleyball team until a decision is made. That decision was made because Underhill found that the school was over reporting the number of participant opportunities for females and underreporting those for men.

The case has drawn attention by other women's sports players and coaches. Not only will the case decide if cheerleading is a sport, but also what requirements need to be put in place for counting players. For example, the women's track athletes are counted three times as members of outdoor, indoor and cross country teams.

Upon investigation, it was determined the school's men's baseball and lacrosse teams would drop players before they had to report to the Department of Education. Then, they would reinstate the players after reports were submitted. The opposite was true for the women's softball team, where players were added prior to reporting, knowing those players would not play. The school's officials declined to comment about the lawsuit, but believe that it is in compliance with Title IX.

Students and coaches are unable to comment on the case. However, attorneys for the plaintiffs stated that the lawsuit is significant because it is the first to rule on whether competitive cheer is a sport. The cheer coach believes that cheerleading is a sport. The school says that the cheer squad offers more athletic opportunities for women and costs less. The judge has recognized that cheer does have competitive attributes, though it is not an NCAA recognized sport or emerging sport.

One of the qualifications to be in compliance with Title IX is that there must be a governing body for the sport. Quinnipiac has formed a governing body along with seven other schools called the National Competitive Stunts and Tumbling Association.

The school has said that any improper changes in rosters have stopped and that the percentage of men and women athletes is now in line with the population of the school and in compliance with Title IX.

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July 9, 2010

Fort Wayne School May Stop Bible Study

According to local reports, a Fort Wayne school district may stop sending students to a religious instruction program on school property. A federal lawsuit has triggered the action by the school district. This after the school board president’s statement that it would be irresponsible for the district to defend themselves in a case where the standard has been previously set by prior court rulings.

church%20trailer.jpgIn 2008, a similar case was brought before the court against Huntington Schools, where the judge ruled against the schools allowing religious activities on the grounds. In that case, the American Civil Liberties Union was issued a preliminary injunction.

The school board president, Mr. Mark GiaQuinta stated that it was both academically irresponsible and fiscally irresponsible to defend against the case. He stated that several board members agree with this decision.

The case involves a third grade student at Haley Elementary School. The parents of that student sued the district in US District Court in Fort Wayne. The parents stated that the school sent their child to an onsite trailer for Bible studies without their consent. The America Civil Liberties Union is helping to represent the child’s parents. The ACLU states that the action is an infringement on the First Amendment rights of the parents. The lawsuit asks that the judge rule the program unconstitutional and to ban it from operations on school property.

The program offered by the Associated Churches of Fort Wayne and Allen County has been established and operational since 1944. Students take part in Bible education during the school day in mobile classrooms. In some situations, 80 percent of the students will take part in the education, including those in the third, fourth and fifth grade.

Should the school board decide to pull the program, the case could be dismissed. However, assurance that such a program will not be on school grounds is necessary for this to happen.

June 30, 2010

California Parents Sue in Federal Court Over American Flag T-Shirts

On Cinco de Mayo, students wearing T-shirts with the American flag on them were asked by the assistant principal to remove them. That controversial move made national news and is now headed to federal court. The parents of three of the students attending Live Oak High School filed federal civil rights lawsuits in US District Court in San Jose. Students say they are fighting for their First Amendment Rights.

Flag_shirt.JPGThe students and parents in the case want a judge to rule that the incident that occurred on May 5th was a violation of their First and Fourteenth amendment rights and that the school district's policy on student speech is not clear. The suit also asks for nominal damages and attorney fees to be paid by the school district. Named as defendants in the case are Morgan Hill Unified School District, the principal Nick Boden and assistant principal Miguel Rodriguez.

The incident involved Rodriguez asking the three boys to take off their t-shirts with the American flag on them or to wear them inside out on Cinco de Mayo. He believed wearing them on the holiday was incendiary. The boys thought this was disrespectful and called their parents. The boys are all part Latino. The case quickly hit news media around the country.

The Superintendent of the school district made a statement the next day that the school district does not prohibit or punish students from wearing clothing that is patriotic nor that students should be disciplined for wearing it.

While the actions of the assistant principal seemed wrong, the school does not have a policy that is in violation of the rights of students. First Amendment Coalition in San Rafael executive director Peter Scheer stated that the federal lawsuit may not be valid since the students do not have a "case or controversy" in policy. The school district claims it made a mistake. This means the controversy is now in the past and may not be able to be a part of a federal lawsuit.

June 16, 2010

Strip Search at School Leads to Lawsuit

A lawsuit was filed on behalf of three girls who were subjected to a strip search. The strip search was conducted at Atlantic High School in Atlantic, Iowa. The lawsuit names the school district and two school officials who were part of the strip search, allegedly. The incident occurred on August 21, 2009.

strip%20search3.jpgThe three students, Matthew Jacobsen, Lisa Ferguson and Lee Lank were accused, along with two other students, of stealing $100 from a student's purse in the girl's locker room. The lawsuit states that the then assistant principal and athletic director, Paul Croghan ordered the guidance counselor Heather Turpin to strip search a total of five female students. Croghan waited in the adjacent room while the counselor made the girls remove their clothing, one at a time, to various degrees. No money was discovered on them at that time.

After the event occurred, Croghan was placed on administrative leave and in November of 2009, he resigned his position. Turpin is still employed with the school district.

According to one of the girls' attorneys, Edward Noethe, the attorneys had tried to make several attempts with the school district to settle the case out of court, to no avail. He also believes that the circumstances will make it difficult for his client to live in the small community. He did not provide specifics on the types of steps he took to resolve the matter out of court, nor the amount of money the plaintiffs were seeking.

The lawsuit states that the search of the girls "constituted an unreasonable search" under the 14th Amendment. Further, it states that this type of code is part of the Atlantic Community School District's code, which the two officials were following when they performed the search. The lawsuit states that the search was a violation of the US Constitution.

Also, the petition filed in court states that the Constitution of Iowa also includes a provision that does not allow for such unreasonable searches to be conducted and therefore the school was in violation. The Iowa Student Searches Act was violated by the school and further the student's privacy was invaded during the search.

May 31, 2010

HIV AIDS Talk In Class Leads To Teacher Suspension, Lawsuit

A Staten Island teacher was given a federal court ruling to allow her lawsuit against the New York City Department of Education to continue. The teacher was suspended after allowing students to use sexually explicit language within the classroom as the class discussed HIV/AIDS.

AIDS%20backpack.jpgThe teacher, Faith Kramer, was expelled for eight months for allowing the students to discuss sex openly in the classroom. Kramer has 26 years of experience in the teaching field. She held tenure at the school. Parents were outraged when they learned that the teacher had allowed such a conversation to take place. The school district required her to sit out eight months of teaching in one of the infamous "rubber rooms", which have since been shut down.

The ruling from Judge Jack Weinstein was lengthy. It contained some 67 pages of text and even included an appendix of the terms that the students used during the classroom discussion. Many of those terms were explicit and were slang terms. The attorneys representing the school stated that those specific terms were not suitable for use within a school setting.

Within his notes regarding his decision to allow the case to go forward, Weinstein stated, "Executing such a task would require great sensitivity, skill, commitment, and not a little courage…Based on the regulation, this teacher ought never to have been removed from the classroom." His statement was in reference to the way that the teacher interacted with the students, in that she treated the students as adults throughout the conversation.

Kramer has filed a $1 million lawsuit against the school district for their decision to suspend her. The funds also cover lost wages and embarrassment.

May 17, 2010

Student Suspended Over Sexting Sues School

In Bedford County, Virginia, a Liberty High School senior has filed a lawsuit against school officials claiming that his rights were violated when the school district suspended him for sexting, the process of sending explicit material or words through text messaging.

sexting.jpgThe student, 18 year old Aaron Merkey, was suspended in March through the end of the school year. According to the school district, he sent a pornographic image to a female student through his cell phone. The lawsuit the student has filed claims that the school district’s punishment was too harsh and that his rights of due process were violated because of the disciplinary actions taken. Eight school board members, the superintendent and the principal are named as defendants in the case.

Merkey’s lawyer has filed a motion for an order to allow the student to return to school, through a preliminary injunction. In addition, he is suing for $100,000 in punitive damages against Liberty High School Principal Mary Brandon and $50,000 in compensatory damages.

Merkey was scheduled to graduate in early June and because of the lawsuit, the student is suffering from “embarrassment, humiliation, emotional anguish and public ridicule” from the suspension, according to the lawsuit. He also is unable to participate in sports activities and prom.

Neither the spokesman for the school or the school's attorney would comment.

However, within the lawsuit, the details of what happened are presented. On February 22nd, the school received a photo from a cell phone showing a woman’s buttocks with a caption under it reading “Have a nice day, A------.” The student forwarded the picture to another student, a female, who complained about it to the school. Merkey was then sent to the principal’s office and there admitted to sending the picture to the female student. Later, the message circulated throughout the school.

On February 24, the principal informed Merkey’s mother that the student was guilty of sending pornography through his cell phone and sexting. At that time, the student was suspended for ten days with a recommendation for suspension for the rest of the school year. According to the lawsuit, the principal told the parents that the suspension was harsh because Merkey sent the message to a female but had it been to just males, “boys would be boys” would be considered.

On March 8th, the superintendent ruled that the suspension should hold for the remainder of the school year. She also ruled that a four week review period would be used to determine if he could return to school after April 2nd. An appeal by the parents did not dissuade the school board from the decision. The school board also ruled that the student would be suspended through the end of the school year without the review that the superintendent had allowed.

The lawsuit says that the student was never made aware of his right to appeal the decision on his own, since he is 18. Further, it states that school district’s harsher punishment was driven by the principal of the school and her recommendation was based on discriminatory standards between the sexes. Additionally the lawsuit contends that Merkey, an honors student and varsity soccer player, was given a harsher punishment than one recently given to a student who brought a handgun to school.

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May 4, 2010

Indiana School District in Battle Over Commencement Prayer

Free speech is the topic of discussion in a Greenwood, Indiana high school where the central Indiana school district is trying to allow a graduation prayer that the senior class voted to be allowed to be said. The problem is that the valedictorian of the school has filed a lawsuit in federal court claiming that the prayer and the vote for it are unconstitutional.

FreeSpeechZone.jpgThe school district says that if the court blocks the prayer, it could be seen as a violation of free speech. The request from the school district is brought on by the lawsuit filed by class valedictorian Eric Workman. He, along with the American Civil Liberties Union of Indiana filed the lawsuit on Monday. He claims that the prayer is unconstitutional because it is a practice of majority rule.

The case looks to the courts to determine where the fine line is for the expression of religious values in schools. The ACLU states the organization’s reasoning behind overturning the earlier blocking of the prayer goes against Supreme Court precedent in similar cases.

The organization plans to allow for the students to have student led prayer unless a judge orders them not to do so. However, a ruling is scheduled to be made on April 30th. The school says that students voted to allow student led prayer during the graduation in September at an assembly. Students did not have to attend the assembly, nor did they have to vote. The practice of allowing prayer in the school setting changes year to year but in most cases, at least one student is allowed to lead a prayer during the opening remarks, though the prayer is said to be nonsectarian.

Also notable is that the school requires that all who speak during the graduation ceremony submit their speeches in advance for approval and that some do use religious themes within those speeches. The school does not forbid them from doing so.

The school district maintains that allowing student led prayer is not a violation as students are not compelled to participate in it. The school says that anyone not praying will be expected to remain quiet and respectful as is the practice when anyone speaks. The ACLU on the other hand, says that students who are still being subjected to the prayer and will feel compelled to participate, which would make it uncomfortable for Workman and others.

April 13, 2010

ACLU Sues Over Truancy Court Practices

The American Civil Liberties Union of Rhode Island is suing Family Court Chief Judge Jeremiah S. Jeremiah claiming that the practices of the truancy court program violate the constitutional rights of the public school children and their parents.

truancy%20graphic.jpgThe administrators of the program, the class action lawsuit contends, have threatened to arrest students or have them placed in custody if they fail to attend school. The lawsuit says that the administrators of the court engaged in a “pattern and practice of intimidation designed to bully plaintiffs.” The bullying is said to lead to a waiving of the constitutional rights of those involved.

The plaintiffs in the case are nine teenagers who are identified through the lawsuit by pseudonyms and their parents or guardians. The students have special education needs, chronic medical conditions or family caretaking obligations. The lawsuit says that these special circumstances resulted in the student’s missing school, being tardy or being unable to maintain schoolwork requirements in class. It also says these conditions also lead to the students to be unable to behave in school.

These abuses are alleged to have occurred in five school districts in the state, including Providence, North Providence, Coventry, Cumberland and Woonsocket. More than 700 students attend schools in this area in the past two years.

Of those filing the lawsuit is a student from a middle school who suffers from sickle cell anemia and who has an education plan that specifically says the student should not be punished for missing school. In this case, the mother was ordered to appear in Family Court because she failed to appear in the truancy court because she was hospitalized. The mother appeared in the court but without the child who was home ill. The court, under Judge Jeremiah, issued an arrest warrant for the child then told the mother it would vacate the arrest warrant if the child was brought in to school by noon that day. The mother took the child to school and two hours later, he complained of chest pains and had to be rushed to the hospital by ambulance.

Some plaintiffs were under the age of 12 when they were labeled as being wayward or truant students. One mother was ordered to leave her night job early to ensure that her child made it to school by 7 am. The woman lost pay because of this decision and eventually lost her job, though it is not known if the change in schedules played a role in this. Another mother was ordered by the school to bring an ill child to school or he would be arrested.

In another instance, a child with Tourette’s syndrome and ADHD who struggled to attend school and often had behavior problems in class was told by the magistrate that he “had no interest whatsoever” in the child’s behavior or health concerns, but only that the student failed to come to school and fell behind in studies.

The Truancy Court program was created by Judge Jeremiah in 1999 and it was designed to help those students who are labeled as at risk to stay in school. These courts operate in school offices and school libraries and are part of the Family Court process. Attorneys are appointed as court magistrates to administer such hearings. These types of courts are present in 150 schools throughout the state and have no written transcripts of what occurs in each of the hearings. That is a violation of due process rights to the plaintiffs, the class action lawsuit claims.

The court requires parents to sign documentation that “waive their rights” to legal representation in a Family Court situation. Weekly truancy court hearings may be required if the magistrate issues them.

Continue reading "ACLU Sues Over Truancy Court Practices" »

April 8, 2010

Judge Rules Cancellation of Prom Violated Gay Student’s Rights

A federal judge ruled late last month that the school board from Itawamba County, Mississippi violated a lesbian student’s rights when it canceled the prom because the student challenged a ban at the prom of same sex couples. However, the federal judge did not order the district to reinstate the prom.

prom%20gay%203.jpgJudge Glen Davidson from US District Court did not reinstate the prom because a private prom that some parents are planning will provide the student with the same experience. The late date of the April 2nd prom made it difficult for the judge to require its reinstatement saying it would be too much of an inconvenience for all involved.

The case began when Constance McMillen requested to bring her girlfriend who is a sophomore at the same school, to the dance and she wanted to wear a tuxedo to the event. McMillen, 18, contacted the American Civil Liberties union to sue the school district to allow the same sex couple access to the prom.

Davidson stated a trial would be set for a later date but did not set a date for it. The parents of students at the school are hosting a private prom on the same day the school prom was to take place. All junior and senior students are able to attend, though there was not specific information about whether or not gay students would be allowed to attend. Another prom is being sponsored by the Mississippi Safe Schools Coalition, which is an advocacy group for same sex couples.

The court case furthers the First Amendment rights of same sex couples within the school setting. Kristy Bennett, who is the legal director for the ACL, is preparing the case for trial and plans to ask the judge to list the board’s actions as unconstitutional. They are hoping to be awarded damages plus court costs.

The school board says it canceled the prom because they did not believe the prom could be successful at protecting the safety of students. The school is in a rural northern Mississippi community and has some 715 students in the high school.

March 31, 2010

UPDATE: Gay Student Resolves Lawsuit Against NY School District

Earlier this week Jacob, an openly gay teenager (identified in court documents as “J.L.”) settled his lawsuit against the Mohawk Central School District in upstate New York. The lawsuit was filed last summer claiming the school district did nothing to stop the bullying against Jacob which included throwing him down a flight of stairs.

gay%20students.jpgUnder the terms of the settlement filed in federal court, the district agrees to implement changes including additional staff training, to protect students from harassment. The district is also required to report its progress to the American Civil Liberties Union and federal justice officials.

The settlement also calls for the district to pay $50,000 to Jacob's family and to reimburse them for counseling services. The district did not admit to any wrongdoing under the settlement.

Mohawk Central School District superintendent Joyce Caputo said in a prepared statement that district staff would never knowingly discriminate or tolerate bullying and remain committed to fostering a culture of tolerance and respect. "We recognize there is always room to learn and improve - and we intend to do just that," she said.

Additional information on Jacob’s lawsuit may be found in our previous blog posts by clicking HERE and HERE.

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March 19, 2010

UPDATE: Parents Oppose Webcam Lawsuit Against School District

Last month we wrote a post about a lawsuit filed in Pennsylvania alleging that school laptop computer cameras were being remotely activated while in students’ homes.

Big%20Brother%20Spy%204.jpgThe most recent update in the case is that numerous parents in the school districts named in the lawsuit have filed documents in federal court opposing the lawsuit and asking to intervene.

Parents objecting to the lawsuit state that they are angry about the unauthorized use of webcams in students’ homes, but are more concerned about the financial impact of a class action lawsuit. Approximately 500 parents have signed a petition opposing the lawsuit which is seeking class action status.

One parent, Larry Silver, stated "We see no benefit to the school district or to the students if a large damage award is gained by the plaintiffs. We want a positive resolution to this matter. We want them (school districts) to get back to their educational mission."

Our original post is available HERE.

An extremely detailed (lengthy) account of events leading to the lawsuit is available on Philly.com.

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March 9, 2010

California Race Based College Admissions Law Challenged

A class action lawsuit filed last month in federal court (San Francisco) states that the law that stops the University of California from using race as a factor when it comes to admissions of students does not meet the requirements of those who are Latinos, blacks or Native Americans. These groups, the lawsuit claims are underrepresented in the school and are unable to seek redress through the school’s governing board.

college%20admission%20game.jpgThe pro affirmative action group By Any Means Necessary (BAMN) brought the lawsuit against the school against Proposition 209. That ballot measure was approved in 1996. The allow prohibits anyone from giving preferences to individuals based on race or gender in any type of employment, education or contracting position.

This law has been challenged before, and the California Supreme Court has held it strong. However, the group believes that the new class action lawsuit is ideally suited for the current times stating that the United States Supreme Court has recently provided two rulings that uphold some school desegregation programs. The lead counsel for the group, Shanta Driver, states that since the law was put into place, the number of Latino and black high school graduation rates and United of California rates have dropped.

According to the complaint, The University's Board of Regents has been unable to set admission policies that include ethnicity and race, as well as gender as factors. The complaint states that this positions parents and students at a disadvantage.

President of the school, Mark Yudof has criticized the law in the past and the university’s legal team is looking into the lawsuit, but would not provide a comment about it.

The lawsuit states that Latino, Native Americans and blacks comprise about 25 percent of the freshmen that are enrolled in UC’s nine undergraduate campuses this year. This number is higher than in 1996. However, these minorities comprise a much larger percentage of the public high school graduates from 1996, from 39 percent in 1996 to 48 percent this year. This shows that the minority students are still sharply underrepresented in the school.

In 1997, a three-judge panel upheld the measure. The measure was originally passed by 56 percent of California voters. California is not the only state with these laws, though. Washington, Michigan and Nebraska currently have similar laws. In the state of Texas and in Florida, the legislatures have since banned similar laws that banned the use of race in school admissions within those states.

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February 22, 2010

Students Claim Laptop Cameras Spy on Families

According to a claim filed against Lower Merion (suburb of Philadelphia, PA) School District in federal court, the school district used school provided laptop webcams to spy on students in their homes, leaving the families to be potentially caught in compromising positions. The webcams were activated without the students’ or parents’ knowledge.

Big%20Brother%20Spy%204.jpgAccording to plaintiffs Michael and Holly Robbins, the laptop webcams could have captured students and other members of the family in embarrassing situations, including undressing. After learning of the webcam activations, students such as Tom Halperin, 15, started placing masking tape over the top of the webcam.

Should the allegations be proven, the charges could amount to illegal electronic wiretapping, said Witold J. Walzak, who works for American Civil Liberties Union of Pennsylvania, though the union is not involved in the lawsuit. According to Walzak, who is legal director, the school is unable to enter a home electronically, just as police are not able to do so. The lawsuit seeks class action status.

The school spokesman, Doug Young states that the school is committed to the student’s privacy and could not state if the school had the ability to activate the webcams remotely. The school provided each of its 2300 students with the laptops. The city is affluent and prides itself with the technology initiatives it has taken in recent years.

The Robbins family learned of the activation of the webcams after the assistant principal at Harriton High School told the son that school officials believed he engaged in inappropriate behavior at home, though the lawsuit did not specifically state what that behavior was. There is evidence in the school’s use as a photograph taken from the webcam was made available to the student as evidence of his behavior at home. The assistant principal, Lindy Matsko confirmed to the father that the school did have the ability to activate the cameras remotely, alleges the lawsuit.

District officials confirmed that they remotely activated webcams to locate more than 40 missing laptops without notifying students or parents. Lawyers have repeatedly requested all the photographs and screenshots the district obtained.

There is precedence in similar cases, though nothing exactly the same. In 2001, the United States Supreme Court ruled that police could not permeate a home with infrared lights to determine if there were heat lamps in place to grow marijuana. Technology is unable to cross the line of a person’s home, as it violates the individual’s privacy.

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February 18, 2010

Student Complains About Teacher on Facebook… Federal Judge Rules “Free Speech”

In a ruling out of Pembroke Pines, Florida, a student who posted a message on her Facebook page complaining about her teacher was allowed to do so, as she was exercising her freedom of speech. Federal Magistrate Judge Barry Garber ruled that the student’s First Amendment rights allowed the student to post negative comments about her teacher.

Freedom%20of%20Speech%202.jpg"Evans' speech falls under the wide umbrella of protected speech," Garber wrote. "It was an opinion of a student about a teacher, that was published off-campus, did not cause any disruption on-campus, and was not lewd, vulgar, threatening, or advocating illegal or dangerous behavior."

The student, Katherine Evans, has filed a lawsuit against the principal of the school who suspended her. However, most important in the case is that the ruling by the judge sets new precedent in such cases in which the Internet and freedom of speech have yet to be defined. Around the country, courts are still trying to work out how social networking websites such as Facebook and free speech limitations interact with each other.

The Florida ACLU filed the lawsuit on the behalf of Evans. The ACLU states that it hoped that this case would do just what it has; set precedent in free speech laws for the Internet and other forms of communication.

Evans posted a message on the Facebook page staying that the teacher was “the worst teacher I’ve ever met.” However, when other students saw the message, they did not react favorably. Rather, other teachers and students defended the teacher. Evans later removed the message from the page. The principal learned of the message, then suspended Evans from the student’s Advanced Placement classes, and instead placed the student in less prestigious classes. Principal Peter Bayer also suspended the student for three days.

In 2008, Evans filed a lawsuit against the principal in the case in the hopes of having the suspension ruled unconstitutional and to have it removed from her record. As an honor student, she did not want her record tarnished. However, the principal tried to get the case dismissed and asked for immunity in the case.

The ruling by Magistrate Judge Barry Garber declined the motion to toss out the case and said that the principal may be forced to pay damages and attorney's fees if found guilty of violating the student’s rights.

Of particular concern was the fact that it was two months after Evans removed the Facebook message about the teacher that the principal decided to punish the student. The lawsuit is not yet settled and will head back to court.

In a related note, The US Supreme Court previously ruled to uphold a California Law which gives students even more Freedom of Expression rights. You may read our blog post about that case by clicking HERE.

February 9, 2010

High School Suicide Victim's Parents Sue School

In Dalton, Georgia, the parents of a junior who was enrolled in Murray County High School are suing the school system claiming that the school's inability to protect the child from bullying lead to the child committing suicide. The child committed suicide on Oct 17, 2009. They have filed the suit in federal court this week.

aspergerssyndrome.jpgAlso named in the lawsuit is the principal of the school, Gina Linder, whom the parents believe did not do enough to protect Tyler Long, who died after what his parents call a "particularly painful week of bullying at the high school." Long had Asperger's syndrome, which is a type of social anxiety disorder within the area of autism. The parents believe that the school's inability to protect the child was a violation of the Americans with Disabilities Act and Vocational Rehabilitation Act.

According to Stan Hawkins, who represents the school district, the case has no merit. In a statement, he states that the school system is not responsible for the child taking his life. Hawkins is one of several attorneys working on behalf of the school system.

A statement released from the parent's law firm, W. Winston Briggs Law Firm states, in part that the school's administrators and employees "exhibited deliberate indifference" towards protecting the child. The statement says that the school and principal knew of the child's disability and did not do anything to protect the child from the bullying. The law firm also states that the principal knew of the bullying. The parents filed the suit in an effort to hold someone accountable for their child's death and to ensure it does not happen to someone else.

Although the case has been filed in federal court, there is likely to be a significant discovery period prior to the case going to trial. The school system has 20 days to respond to the allegations. The lawsuit is seeking punitive damages, including payment for court costs and attorney fees.

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February 3, 2010

San Francisco District Shake Up of School Assignments Starts

The San Francisco school system is in for major changes in the way that students are placed in elementary and middle schools. School officials are now planning to send students to those schools closer to their homes, rather than basing the choice of school on socioeconomic class or home language, something it has used for years.

school_bus%20double.jpgThe Board of Education of the San Francisco Unified School District met to discuss possible options. Staff presented a number of options including those that would use academic performances and the student's home location to determine where the student went to school. Board recommendations are still being submitted and a final vote is scheduled for March 3 on all the options available.

Options include:

Parent Selection
One of the options presented is to allow parents to select the school that the child attends, up until the school is full. At that time, all names of remaining students would be placed in a lottery system to determine which school the child will attend. However, the difference here is that the lottery would also take into consideration academic performance of the student to get an aggregate of low to high performing students in each school. In addition, such a lottery system would also factor in the location of the student's home.

Closest to Home
Another option is to simply send the children to the school that is closest to their home. Parents could still make a choice in which school to send their child, but they would be allowed to choose other schools outside of their closest school only if there was availability at that school. This makes the school assignment far more predictable.

Racial Diversity
The goal of the school board, however, is to create more racial diversity within their schools. Neither of the thus far proposed options offers any type of benefit to racial diversity. The school officials are hoping to find another solution that will give them more ability to reduce the number of racially isolated schools in the community.

Complexity
The Parent Advisory Council and Parents for Public Schools both came together to talk about the school assignment system. These groups will not support any system that takes the parent’s right to choose a school. The group believes that if the school district ensured that all schools offered the same benefits that people would not care as much about their child's assignments.

A history of the San Francisco Unified School District's school assignment system may be found by clicking on the following link:

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January 25, 2010

U.S. Justice Department Joins Gay Teen's Lawsuit

The United States Justice Department has intervened in the civil case between a former student and his school. The school, Gregory B Jarvis Junior Senior High School, part of the Mohawk Central School District, is accused of failing to stop students and teachers from bullying a 14 year old, openly gay student named Jacob. The claims are that the bullying centered around the child's sexual orientation. See previous post HERE.

Department-Of-Justice-Seal.jpgThe student was often the subject of verbal and physical harassment, the lawsuit states, because he was openly gay. In 2009, the student began to dye his hair and wear eye makeup, which intensified the bullying to the point of being pushed down the stairs. The parents of the student claim that the school did nothing to stop the bullying.

However, the fact that the Justice Department is involved in the case signals that there may be a broader interpretation of the federal law that prohibits gender discrimination, which in this case is being applied to the gay male. The New York Civil Liberties Union attorney states that this involvement shows a major shift under the Obama Administration.

The basis for joining the lawsuit, the government says, is Title IX of the Civil Rights Act of 1964. The case is being heard in US District Court in the Northern District of New York. The teen's attorney states that the case is a fight for basic human rights afforded under the US Constitution. It commends the Justice Department for its involvement in the case.

The lawsuit seeks undisclosed monetary damages. With the joining of the Justice Department, this helps provide district wide relief for all district students in the future. The assistant attorney general in Washington authorized the involvement of the Justice Department by stating that it was a matter of general public importance.

The student is no longer in the Mohawk district but attends school in a neighboring district. The school district claims it is close to a settlement with the student, but further comments were not available. The Justice Department has interviewed numerous Mohawk school officials including Superintendent Joyce Caputo.

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January 11, 2010

Lawsuit Pits Science Center Against Intelligent Design

The California Science Center in Los Angeles canceled its screening of the documentary, "Darwin's Dilemma: The Mystery of the Cambrian Fossil Record." The documentary promotes the theory of intelligent design rather than the theory of evolution for the creation of human beings. The documentary specifically criticizes Charles Darwin's theory of evolution. Moreover, because of this cancelation, the museum is being sued.

Darwinism.jpgThe American Freedom Alliance says it has no position on intelligent design but does say that the filing of the lawsuit against the science center is necessary since the center is stifling debate on the topic by canceling it. The organization brought the lawsuit against the California Science Center in October, in Los Angeles Superior Court.

The science center was set to show the program in October of 2009. However, it pulls it after being pressured to do so by the Smithsonian and other scientific academies.

This is not the first time that this topic has come up in a court of law. In 2005, for example, the case of Kitzmiller vs. Dover Area School District resulted in a federal judge issuing a ruling that public school classes cannot present intelligent design as an argument for the creation of humans because it is a form of Creationism. It also occurred in 2005, when The Smithsonian approved auditorium space in its National Museum of Natural History to screen another intelligent design type of documentary. The scientific community opposed this, but The Smithsonian was unable to back out of the previously signed contract. It did refund the rental fee for the space and publically stated it was not endorsing the screening of the documentary.

The pretrial hearing in this case is scheduled for January 26th, 2010. The American Freedom Alliance claims that the cancelation of the screening was done under a false pretext and therefore that the science center committed contract fraud. It is seeking punitive damages.

December 31, 2009

Teachers Union Sues Los Angeles Unified School District

The Los Angeles Unified School District (LAUSD) is being sued by the union that represents teachers within that school system. The lawsuit, filed on December 28, 2009 claims that the school district failed to comply with state requirements before converting a school to a charter campus.

lausd_logo.jpgAccording to teachers, the California Education Code requires the approval of a majority of permanent teachers before schools can be turned into charter schools. In a news conference held at Garfield High School, the teachers claimed that schools like Garfield and Esteban Torres High School fall into this category.

The lawsuit specifically wants the LAUSD to comply with the Education Code, and hopes a court order will force this to happen.

The plaintiffs in the case are UTLA, and LAUSD teachers from Garfield High School, 28th Street Elementary School, Foshay Learning Center and Pio Pico Span School.

While Esteban Torres High School (charter) should relieve some of the overcrowding from the nearby (non charter) Garfield High School, LAUSD’s position is that a vote of the teachers was not required since Esteban Torres High School is a brand new school, and not a conversion of an existing school.

The two high schools, Garfield and Torres are part of the 36 new and existing schools in the Public School Choice Resolution passed by the Board of Education for the 2010 and 2011 school year. This plan allows for operations of the school to be put out to bid by third parties. The goal of the program is to help provide options for the operation of schools considered low performing campuses. Monica Garcia, who is the president of the LAUSD Board of Education, says that no schools will automatically be converted to charters as a result of the program.

This lawsuit is expected to be just the first in a series that will be filed by the UTLA in opposition to the LAUSD's plans to reform. It is also important to note that charter schools are not required to hire union teachers.

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December 26, 2009

Legally Blind Woman Sues National Conference of Bar Examiners

Here in Los Angeles, a woman who is legally blind is suing the National Conference of Bar Examiners because she believes they are unfairly restricting her from using necessary equipment to take the licensing test. The woman, Stephanie Enyart says that the agency needs to catch up with better, currently available options for its standardized testing.

Pasing%20the%20bar.jpgWhen she entered law school, the Law School Admissions Test was required. UCLA, the school she was testing into, hired a human reader to read the test questions for her. The problems happened on test day. She says that the man hired was so sick that he continued to leave to get tea and blew his nose. She had a hard time understanding him through his nasally congestion, too. However, she passed the test and entered law school. She believes her score suffered because she was denied the use of a computer software program that would magnify the text of the test and convert it to speech heard through an ear bud.

The National Conference of Bar Examiners has denied her request to use a computer program to take a portion of the California bar exam that it controls. Rather, it says she must use a human reader instead.

Due to this, she has sued the national conference. She claims that the conference violated the Americans with Disabilities Act and the California Unruh Civil Rights Act that prohibit discrimination.

Enyart says, as reported by the LA Times, "To use a human reader or the visual accommodations they have offered just simply doesn't meet my disability needs. It would be like trying to run a race in someone else's shoes."

Mr. Enyart is not the only person who wants the national conference to catch up. A man named Michael Witwer, who will graduate from Catholic University of American's law school this year took another required test, the Multistate Professionals Responsibility Exam recently and passed though with a score he believes was reduced because he was unable to use computer programs during the test. Rather, a human reader was imposed by the administrator of the test.

He says that the reader commented on big words in the questions and struggled with pronunciation including struggling with the word constitutional.

However, there is some improvement seen within the industry. The National Conference of Bar Examiners has allowed three blind test takers to take the test in July using a pilot program that allows software to read the text aloud to the user. This was reported through Larry Paradis, an attorney who is part of the firm representing Enyart in her lawsuit. The pilot's internal report says that the pilot program has been successful. However, the program is unable to be used at this point, and will not be available in February when Enyart will take her test.

There are about 500 blind or vision impaired lawyers in practice in the United States. Most use equipment similar to what Enyart wants to use within their day-to-day practices.

December 14, 2009

Can UC Hastings College of the Law Refuse Christian Student Group Based On Group's Beliefs?

University of California Hastings College of the Law in San Francisco refuses to recognize, and thereby help fund, a Christian group of students because they exclude non-Christians, lesbians and gays. The U. S. Supreme Court will determine if that is legal.

UC%20Hastings.jpgThe U.S. Supreme Court, which chooses not to hear most submitted cases, has decided to hear this one as it will likely affect public universities around the country. The battle is not a new one. Conservative Christian groups believe these limitations violate their constitutional rights. They are being forced, they say, to tolerate views that violate their religious beliefs.

Christian Legal Society filed a lawsuit against the school in October of 2004. This group limits those who may join the society based on one clear statement. The student is unable to join if he or she "advocates or unrepentantly engages in sexual conduct outside of marriage between a man and a woman." The group's members must sign documentation stating they are committed evangelical Protestant or Catholics.

The school enforced its policy on barring discrimination based on race, national origin, sexual orientation or religion and refused the society. The group then took the matter to federal courts. U.S. District Judge Jeffrey White then ruled that the school was justified in its refusal and said the school could require that organizations "accept all comers as members." This was later upheld in the Ninth Circuit Court of Appeals.

However, the group appealed to the Supreme Court. Their opinion is that the school is forcing the society to abandon their identity or shut down the society altogether.

The answers to these concerns will not come soon. The case is likely to be heard in March of 2010 and a ruling may come down by June.

The argument that the society is making is that if all members had to be accepted, this would restrict the progress of the group since valuable time would be repeatedly spent discussing the fundamentals of members’ various religious beliefs. The school, however, believes the issue is whether or not universities and other public schools should subsidize discriminatory groups.

Other cases like this have been heard. In 2007, a lawsuit by Christian Legal Society against Southern Illinois University was settled in which the school said it would recognize the group. More so, the Boy Scouts of American was upheld in its decision to exclude gays and atheists from its membership roles, as a private organization's right to free association. However, the California Supreme Court upheld another incident with the Boy Scouts in 2006 in which Berkeley denied a rent subsidy to the Sea Scouts, a Boy Scout Subsidiary.

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December 7, 2009

Teacher Found Not Guilty of Having Sex With Student... Sues Prosecutor

A teacher from Dayton found not guilty of charges of having sex with a 16-year-old student is now suing the prosecutor who brought the charges. The teacher, Nicole Howell, and her attorney, Eric Deters, filed the claim in U.S. District Court against Rob Sanders, Kenton Commonwealth's attorney. Sanders released a statement saying that the lawsuit was baseless and without merit.

not_guilty.jpgSanders commented that he was simply another high profile person to be sued by Deters, a reference to the Deters suits against the New England Patriots and Chad Ochocinco. In addition, he commented on Deters radio career saying Deters was "a publicity seeking radio personality with a law license."

Under law, a prosecutor cannot be sued as they have immunity. However, Deters claims that the actions prior to the charges being filed are not included in that immunity. Although Sanders says that a judge determined there was probable cause to arrest Howell, Deters argues that "when a prosecutor violated the public trust, those destroyed in the wake of the abuse of power deserve their remedy."

In the state of Kentucky, only a judge can issue an arrest warrant. Kenton Circuit Judge Gregory Bartlett determined there was probable cause and sent the case on to the grand jury, where 12 members found that there was sufficient evidence to send the case on further, to the jury.

It took juries only 70 minutes to find Howell not guilty of first degree sexual abuse. Howell says she is suing the attorney because she doesn't want someone else to face the same level of wrongful prosecution. She claims her reputation and her teaching career are over due to the lawsuit.

The lawsuit claims that Howell's previous attorney, Patrick Moeves, was told by Sanders that he did not care about the privately administered polygraph test that Howell passed. He wanted her arrested. Assistant Commonwealth's Attorney Stephanie Kastner made statements to Moeves that she did not want any part of the case, however had to act as Sanders requested. Moreover, it claims that Sanders knew numerous facts that would dispute the minor’s claims. These facts include the polygraph test passage, the minor being unable to identify a tattoo on Howell's back, rumors about the incident at school, and that the minor denied the rumors first before going forward.

Sanders, however, says that the minor did describe the layout of Howells apartment and could describe details of that apartment.

Interestingly, Howell's case was the first prosecuted under a more-stringent state law that makes it a felony for a person in authority to have even consensual sexual relations with someone under 18. In all other instances in Kentucky, the age of consent is considered to be 16.

November 23, 2009

Lawyers Earn Big Fees from Law They Authored

A recent Associated Press article reveals that every lawsuit filed or threatened under a specific California law can trace back to two lawyers who worked together in the writing of that statute. The statute is in regards to electing more minorities to office. So far, there have been about $4.3 million in settlements made under this law.

1504001%20Gavel%20%26%20Money%203.jpgUnder this law, lawyers are able to sue and win judgments easier in cases from claims that minorities were shut out of local elections. In addition, the lawsuit shields attorneys from any type of liability if the claims are tossed out of court.

Seattle law professor Joaquin Avila drafted the law. Robert Rubin, a legal director for the Lawyers Committee for Civil Rights offered advice for the drafting. Both, along with other attorneys working alongside these two, have been able to bill local governments more than $4.3 million in three cases that have settled. There are two additional lawsuits pending. More so, dozens of additional cities and school boards received warning that they too could be sued under the California Voting Rights Act of 2002. Each of these cases has been initiated by Rubin's committee or by Avila.

Although it may seem unjust, there is nothing illegal occurring when an attorney profits from a law they helped to author and state lawmakers approved. What is unique in this situation is that after seven years, related legal efforts continue to be extremely narrow in focus. Avila testified in 2002 that he expected other attorneys would take on cases due to these favorable incentives placed into the law.

According to Avila and Rubin, their roles should not overshadow the importance of these cases, as they work to end injustice at the polls. The number of minority officeholders was on the rise prior to the law being in place, and these two claim the lawyers are using the statute to shake down local governments.

Under the law, state courts may create smaller election districts that favor minority candidates. This was necessary, they claim, because the more commonly used "at large" elections allowed candidates to run across the entire district. Avila says this method leads to discrimination since the majority group will win out.

According to several communities in California, there are no complaints about voter discrimination until these attorneys stepped forward. Critics say the law is flawed. They believe that even when there is no discrimination, cash strapped communities are nearly forced to settle the lawsuit.

Many believe that the law and the settlements do nothing to improve the discrimination. Avila, who charges $725 an hour for services, would not disclose his earnings from the lawsuit. Rubin earns $700 an hour. In some school districts, the cost of such settlements is resulting in the inability of schools to provide textbooks to students.

November 16, 2009

School Dress Codes: Can Boys Wear Skirts?

With the ever-changing rules on being equal, questions are arising questioning whether it is appropriate for boys to wear girls clothing. Most schools have dress codes, such as girls having a proper length skirt. However, what if a boy was wearing the skirt, if it was the proper length, could he?

woman%20in%20tux.jpgCross-dressing teens are testing the boundaries around the country. For example, in Houston, a senior was sent home because his hair violated the length rules, which stated that the hair could be no longer than the bottom of a regular shirt collar. In Cobb County, Georgia, a school sent a boy home because he wore makeup, wigs and skinny jeans. Another case occurred in August in Mississippi, in which a senior’s photo was banned from the yearbook because she was wearing a tuxedo.

This is not the story everywhere, though. For example, in a Tucson high school, a freshmen girl who identifies as a male was nominated as the homecoming prince. A gay male student in Los Angeles was crowned prom queen.

Schools and the public are changing viewpoints on these types of scenarios. In many cases, the adults become the police of the dress code, and follow cultural trends. In some cases, younger generations are simply more willing to accept such changes.

Schools regularly ban things that may be gang or sex related, or promotes drug use. However, when schools try to put in place codes that limit expression of sexual orientation of gender variance, the schools are forced to consider antidiscrimination policies.

Schools will eventually need to take these matters head on with more than 4000 gay and straight alliance clubs in high schools around the country. Even elementary schools are seeing these topics come up. In some high schools, educators are stating that schools should not be the public stage for working out private identity issues. Rather, high schools are supposed to be places for academic and social training. Administrators often rely on the dress code to help keep structure in the day. Cross dressing students cause disruptions, which is counterproductive to the instructional day.

In other schools, such as those in Pima County, Arizona where anti discrimination policies have been put in place, it is not uncommon to see boys wearing makeup and girl clothing, nor is it uncommon to see girls wearing big t-shirts and basketball shorts.

At the same time, educators have to take into consideration the student’s overall safety. If a child comes to school wearing clothes of another gender, and that child is harassed, it is up to the educators to help protect the student. That is not always easy. Even using the bathroom as a transgender student can be incredibly worrisome. Defining this fine line is something that schools across the country will need to do.

November 9, 2009

ACLU Files Lawsuit Over Slumber Party Photos

The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of two students who were suspended from athletic activities after their principal found sexually suggestive photos from a slumber party. In the lawsuit, the ACLU claims that Smith Green Community School Corporation and the Churubusco High School Principal, Mr. Austin Couch violated the students' rights by suspending them for out of school activities. The photos were posted to the student's MySpace pages.

pajama_party.jpgAccording to the lawsuit documentation, the pictures were taken during a slumber party that occurred during the summer months. The students took photos of themselves kissing and licking a novelty lollipop and pictures of themselves wearing lingerie with dollar bills stuck within the clothing. There was no identification with the photos suggesting that the students attended the high school. The lawsuit states that the students were being humorous and that the actions were "irrelevant" to school functions.

After someone accessed, copied and supplied the photos to the principal, the principal suspended the students from all extracurricular activities for the school year. After parents spoke to the principal, the principal agreed to reduce their suspensions if the students attended several counseling sessions and apologized to the athletic board.

Although the school and principal stated they are unable to comment, they did release a statement stating that the pictures "caused a disruption within our athletic teams at the beginning of this year's sessions." The school states the students did not meet extracurricular expectations.

While the parents appealed the ruling, the students attended the counseling sessions so they could participate in fall activities. They also apologized for their behavior in front of the all male athletic board. The ACLU states that this was humiliating and embarrassing.

The ACLU states that this is only one case, out of many similar cases playing out across the country. The organization claims that private moments like these should stay there and out of school administrator's hands.

The school uses a code of conduct that states that the principal "may exclude any student athlete from representing Churubusco High School if his/her conduct in or out of school reflects discredit upon Churubusco High School or the IHSAA or creates a disruptive influence on the discipline, good order, moral or educational environment at Churubusco High School."

The ACLU is hoping to classify the case as a class action suit, since many parents could be part of it. The lawsuit asks for the district to no longer be allowed to punish students for such behaviors and asks that the incident be expunged from the two student's records.

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October 30, 2009

Biblical Signs, Football Fields and Facebook

In Fort Oglethorpe, Georgia, the events occurring on September 11th spurred the public high school cheerleaders to focus on the Bible. They constructed catchy banners with inspirational messages on them and allowed the players to charge through them onto the field before each game. That all ended in September of 2009.

Church%20%26%20State%20sign.jpgA parent expressed concern that the Biblical phrases may be a breach of the First Amendment rights of church and state separation. The parent was concerned that there may be a lawsuit should the school continue to allow these signs to be placed on the football field. The school board agreed and banned the banners from games.

The barring of the banners did not have a good reception but now, students and fans are filling the stadium with their own banners, filled with Biblical phrases. The town is small, with about 9,600 students in it. The town, including students, took the cause to heart. They call themselves the Warriors for Christ, a play on the school's team name, the Warriors
.
Over the course of the last few months, the group has sold more than 1600 t-shirts bearing a variety of Biblical phrases on them as well as statement such as "You Can't Silence Us" and "Living Faith Outloud."

In federal courts, the rulings have allowed public school students to promote their faith but they may not do so in school-sponsored clubs. Cheerleaders would be considered school sponsored. The woman who brought the attention on the signs, Donna Jackson, says she wanted to protect the school from possible litigation.

The separation of church and state has always been a hazy line, especially in the south where religion is on display that is more prominent. Those in this city are definitely committed. More than 16,000 people have joined a Facebook group favoring the signs to be in use in the game while only 77 have joined a group in favor of the banning.

Although many do favor allowing, the banners to be in use in the game most have stopped pushing the school board to change its mind. Simply, they know that if a lawsuit did come against the board, this already cash strapped county could be in further trouble.

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October 26, 2009

Mother Claims "Waterboarding Like Torture" of Autistic Child

A mother out of Montana's North middle School in Great Falls claims that two teacher's aides severely abused the special needs children in her care. Five families have come forward to make the claims, with one mother describing the abuse of her autistic child as being "waterboarding like torture."

autism-ribbon2-1.jpgThe teacher's aides, Kristina Marie Kallies and Julie Parish have resigned and charged with assault on a minor and endangering the welfare of children. Kallies has not been located by police and Parish has appeared in court and was released on bond. The teachers resigned after the allegations were made, although both teacher's aides claim they are false allegations.

The children involved were special education students in grades seven and eight. The mother, Tiffonie Schilling said that the aide allegedly held the child's head under a water faucet when he dozed off in class. The boy was 14 at the time. She says, "He was having waterboarding like torture done to him on a frequent basis." Another claim is that the teacher made her son, Garrett, "eat his own vomit." The child is not vocal and could not defend himself.

Ms. Schilling is not alone in her allegations. Other parents complained of including one female child being hit in the head with a pan and a male child that was locked in a closet.

A full investigation and independent probe is likely to occur by the state attorney general, although the school has conducted a full investigation and are working with police.

October 23, 2009

Lawsuits May Keep Hawaii School In Session Despite Furlough Days

In Oahu, Maui and the Big Island, there are nine families fighting to keep school open for special education and other needs even though the state plans to close them for the day. Two lawsuits are currently pending on behalf of these students in an effort to keep public schools open even though the state had plans to furlough teachers on 17 Fridays over the next few months.

Hawaii%20School.jpgThe parents filing the lawsuits want to keep their children in school and around their classmates during these furlough days and hope to have their case heard by Judge David Ezra in the U.S. District Court. They are hoping to get a temporary injunction in place. This lawsuit states that the state has "violated the procedural safeguards" in place through the federal law that protect and prohibit unilateral modifications for any type of special education and related services.

Another lawsuit, filed by attorney Eric A. Seitz is also scheduled to be heard and is on behalf of regular, special education and charter school students in the state. The lawsuits state that Hawaii is breaking the state's obligation to provide 180 days of education, five days per week to Hawaii students. The class action lawsuit, on behalf of all students in the state, states that the furloughs disproportionately affect some racial groups and certain classes specifically.

Although the state's Department of Education claims that they have yet to see the lawsuit, Attorney General Mark Bennett believes the lawsuits are without merit. The state Board of Education has welcomed the lawsuits because their goal is to restore educational days to the students. Through the publicity from such an action, the school board hopes that this will force the governor and the Legislature to find the necessary funding.

The new contract signed by the state Department of Education and the Hawaii State Teachers Association requires there to be 17 furlough days in the current school year and the coming school year. The amount of money these days would save has yet to be noted, however the goal is the cost savings to be put towards the $127 million cut that the department is facing after the state's budget shortfall.

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October 19, 2009

Teacher Accused of Intentionally Sickening Autistic Boy

An Indianapolis teacher is accused of giving a child a peanut filled candy bar. The child's mother claims the teacher was trying to make her son sick so that he could not go on a field trip with the class. The boy is eight years old and is autistic. He is mostly nonverbal and experiences swelling by just touching peanuts.

AutismGarden2.jpgThe mother, Anita Young, has filed a lawsuit against the teacher, claiming that the special education teacher, Trinda Barocas, told an aide that the boy was likely to misbehave on the field trip and said that, "maybe he could be sick enough not to attend and we won't have to deal with it" the lawsuit states. The mother claims that the teacher knew how severe the child's allergy was. She says the child was frustrated and angry, and would fight with her about going to school, during the time of alleged abuse. The child is now in a different school and the mother claims the child is doing much better and is happy to be at school.

Officials from the school contacted the mother after aides reported that the teacher has mistreated the boy and another boy. The school is Mary Bryan Elementary School in Indianapolis.

The Department of Education and Marion County prosecutors are investigating the case. Barocas no longer works for the schools and her lawyer did not provide any feedback to the Associated Press regarding the case. The teacher told investigators that the allegations are false and that she did not try to prevent the boy from going on the field trip.

In the lawsuit, there are claims that the teacher kept the boy in a small cubicle, meant to be used for short periods. Specifically, the lawsuit states that the teacher treated the boy as a "caged animal." The teacher is also accused of pinching the boy, standing on his foot and grabbing him by the arm to drag him. The mother wants criminal charges filed.

The lawsuit seeks unspecified damages and says that the teacher and school officials should have known of the abuse and that they failed in their obligation to protect the child. The school district claims that they filed a report with Child Protection Services as soon as they learned of the allegations and that the teacher was on administrative leave with pay three days later. She had told the school a month earlier that she would resign at the end of the school year, for reasons unrelated to the allegations. She was employed with the district since August 2008.

The Indiana Department of Child Services reviewed the complaints and found that the teacher did not want the boy to attend the field trip. The boy did attend and "did many things that he was not allowed to do." The teacher compared the child to an "18 month old" several times.

In addition to these allegations, the teacher is also accused of hitting a nine-year-old girl with Down syndrome on the lips. The teacher claims she tapped the child's lips with two fingers as a physical prompt, not to abuse the child. Another allegation stems back to 2007 when Barocas was working in Franklin Community Schools. A mother claims she saw the teacher force feed her child, slap her and restrain her improperly. The teacher stated, "I did not, will not and would not hurt a child in my care."

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October 14, 2009

Supreme Court Says No To Confederate Flag T-shirt Lawsuit

The U.S. Supreme Court dismissed the case, Barr V. LaFon, without comment. The lawsuit was brought on by a group of high school students in Tennessee who lost a battle with their school administrators who would not allow them to wear t-shirts to school that displayed the Confederate flag. The students' attorney tried to push the case further, though the Supreme Court declined the case.

Confederate%20t%20shirt.jpgIn 2005, the school put in place a policy that banned images of the Confederate Flag at the school, William Blount High School, located in Maryville. The ban was put in place after heightened racial tension occurred at the school, after an altercation between an African American and a white student occurred. The school had racist graffiti appearing on walls and even one incident in which a noose was drawn next to the Confederate flag.

From August 2005 through March of 2006, the school had 23 incidents of dress code violation in which the Confederate flag was displayed. The students claim that the policy infringes on their rights to express their Southern heritage. The students who filed the lawsuit are Derek Barr, Chris White and Roger Craig White.

The federal judge who first heard the case agreed with the school administration. The administration claims they were simply trying to prevent disruption to the educational process by issuing the policy, especially in light of the racial tension within the school. Alvin Hord, the Director of Blount County Schools, states he did not ban the flag as a racist symbol.

With the U.S. Supreme Court declining to hear the case, this leaves in place the lower court's August 2008 ruling that upholds the school's policy. The appeals court states that the school officials could reasonably forecast that the image of the flag could "substantially and materially disrupt the school environment."

Continue reading "Supreme Court Says No To Confederate Flag T-shirt Lawsuit" »

October 7, 2009

University of Phoenix Case Settlement May Be Near

Two University of Phoenix enrollment counselors filed a lawsuit in 2003 alleging that their raises and prizes awarded to them where done based on the number of students they enrolled in the school. They filed a lawsuit against the school. The corporate executives in charge during this period of time are now at different schools, but the case is left unsettled, as of yet.

Univ%20of%20Phoenix.jpgIt is possible that the University of Phoenix parent, Apollo Group Inc, will seek a settlement in the case, before the case is set to be heard in a court of law in March of 2010. The company has not disclosed any terms of a settlement, but some experts believe it could be as high as $250 million, which equates to 25 times the record fine the school had to pay the U.S. Department of Education in 2004, on similar charges.

The school will likely seek out a settlement in the hope of avoiding a very public trial and to dismiss any allegations that similar practices are still occurring. The school is known for its aggressive recruiting tactics. In a time where the American consumer is unwilling to forgive big business corruption, the school would be foolish, some say, to go to trial.

The University of Phoenix is an incredibly sized school. Since it became a for profit school in 1976, it has been an ideal share to own on the stock market. In addition, it has over 420,000 students and its annual revenue is now near $4 billion. It is the largest recipient for federal financial aid to the tune of $3.2 billion in one school year alone.

The case came to head in 2003, when two enrollment counselors filed a lawsuit, on behalf of the federal government, charging that the school defrauded the government by paying recruiters salaries based on the number of students enrolled. Federal law bans schools from offering this type of incentive.

The school itself fought the charges and claimed that the two employees were disgruntled former employees trying to make something small into something big. A judge ruled in 2004 to dismiss the case, but it was restated two years later on appeal. The case is similar to one filed by the U.S. Department of Education in 2004. At that time, the school was fined $9.8 million based on their recruitment practices. In that case, the University of Phoenix did not admit any wrong doing.

Continue reading "University of Phoenix Case Settlement May Be Near" »

September 11, 2009

Desoto Schools In Trouble With The ACLU

On September 1, 2009, the ACLU filed suit against the Desoto County, Mississippi school district. The ACLU believes that the student had his civil rights violated while he was at school. The reason for this is because of a simple device that many students in high school and junior high school now carry…a cell phone.

1131636_no_cells.jpgThe student, Richard, had his phone confiscated while he was at school. The punishment for using the phone while in school carries the penalty of having your parents come to get the phone and having to pay a fine for its return. The problem was that the school district office personnel went too far and started to go through the phone. While going through the phone and checking all of the intimate details that were on the phone the staff stumbled upon something that they felt posed a threat.

The item that the personnel came across was a picture of Richard holding a BB gun and posing with it in his bathroom. The staff felt as though it had bad implications and that they had the need to turn the phone over to the police. The local police force then came to the conclusion that the picture on the phone indicated gang involvement by the honor student. The problem was that neither the police, nor the staff of the school had the right to go through the phone or anything that was on it.

This is what got the ACLU involved. Because not only did the student receive a three day suspension because of the personal picture on his camera, but he ended up being removed from school for the remainder of the year.

The lawsuit is claiming that the student has rights even when in school and has been filed against the principal, football coach, police and the city as well. The hope of this case is to aid in the preservation of the rights of the students to allow for the privacy and the chance of the students to not feel as though they are in a prison environment while they are there.

September 4, 2009

Cross Burned Student Settles Lawsuit With School District

A school district is trying to move past an incident in which a teacher is accused of burning an image of a cross into the arm of an eighth grade student by settling the lawsuit his family filed. The case, out of Mount Vernon, Ohio, was settled by $121,000 settlement that the family agreed to. The child has not been identified and is identified only as James Doe.

Mt%20Vernon%20MS.jpgIn the agreement with the Mount Vernon school board, the family will be awarded $5,500 and the attorneys for the family would be awarded the rest, some $115,500. The settlement award, which was approved by the school board on Wednesday, August 26th, 2009, prevents the lawsuit from going to trial, which it was scheduled to do in May.

Another lawsuit is still pending against the same teacher, a man named John Freshwater. After an internal investigation was done on Mr. Freshwater, the school district voted to have him removed. The investigation found that he had preached his Christian beliefs to the students and that he had in fact used a high frequency generator to burn the student. The cross burned into the boy lasted for several weeks. Freshwater has in return filed his own lawsuit against the Mount Vernon school district. He claims that the firing was a violation of his free speech rights and his civil rights.

The lawsuit has been highly controversial in the area, and because of this, the family is currently moving out of the Mount Vernon school district, into a new district.

The entire incident has left the school district battling for funds. The ongoing hearing has lasted more than a year and has cost $300,000.

At a board meeting, after Mr. Freshwater was fired, he made a statement saying he never branded or burned any student. More than a dozen teachers have testified on behalf of Freshwater saying they never heard any complaints from his students. Two science teachers also testified saying that the same scientific device was used on students to demonstrate electrical current. Mr. Freshwater's case is still pending.

Continue reading "Cross Burned Student Settles Lawsuit With School District" »

September 3, 2009

New York School District To Protect Gay Student

A 14-year-old gay student who is attending the Gregory B. Jarvis Junior, Senior High School in Herkimer, New York, has worked out an agreement with the school to ensure that administrators provide him with protection. The student has filed a lawsuit against the school district and the administrators for failing to provide him with adequate protection in the past. This is according to the New York Civil Liberties Union.

NewYork%20school.jpgThe lawsuit alleges that the student has been relentlessly abused through verbal and physical abuse, which reached even higher levels when another student brought a knife to school and made a death threat to the student during the final quarter of the school year.

A federal judge is requiring the Mohawk Central School District, to provide emergency relief to the student's need for safety within the school district. The lawsuit is still ongoing, and this measure to provide emergency relief does not in any way stop the pending suit. The lawsuit is seeking punitive damages to be paid by the school district as well as changes to the schools anti harassment policies.

According to the school district, many of the demanded safety changes requested by the student and federal judge were already being provided the following year and were being done so because they were warranted.

The specific safety measures being put in place are not being fully disclosed. There were exceptions to some school policies such as allowing the student to keep his cell phone on him to call home if there was a reason to feel unsafe. There was also a safe room established for the student to use if he felt threatened. The student claims that at least ten times he was forbidden from texting his father and two times from using the safe room when he felt threatened, last year.

The lawsuit charges that the school district failed to provide adequate measures for the student's needs, and that the school district failed to provide proper investigation of the harassment, and failed to discipline students or inform parents of their rights to fight complaints.

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August 31, 2009

Mother Says Teacher Slapped Autistic Boy

A cell phone video depicts the scene of an eleven-year-old autistic boy being struck by a teacher. The child’s mother has filed a lawsuit against the Pittsburgh Public Schools because of the slap, and other allegations of assault on the boy.

autism-ribbon2.jpgThe teacher, Lori Davis, was fired from her job by the school district because of the incident at Conroy School, located in Manchester. The video, posted on YouTube.com, is mentioned in the lawsuit. The lawsuit states that the teacher hit the child on the side of the head and then said, “Stop moving your chair back. Move it! And you stay back there! I’ve had it with you!”

One of the claims in the lawsuit is the school’s alleged poor background checking that allowed the teacher to be placed in the school.

The incident was not the first time that the boy was assaulted, according to a teacher’s aide named Andre Burrell. Burrell personally witnessed the teacher both verbally and physically abuse the child on multiple occasions before the March 14th video release in 2008. In addition, the child was also assaulted by a bus aide, who the school district also fired.

The teacher was fired in June of 2008, a full three months after the incident. The state also revoked the teacher’s teaching certificate after the incident was reported to them.

Experts in special education state that this is really the exception to the rule and that most special education teachers are in fact very good with students. Still, this incident could cause parents to step back and wonder what is happening with their own children both in the classroom and on the bus.

August 28, 2009

Special Monitor Appointed For Milwaukee Public School Special Education Lawsuit

A federal judge appointed the monitor who will oversee the Milwaukee Public Schools process of locating and compensating students who were denied special education services between 2000 and 2005. The process requires locating thousands of students, potentially. Elise T. Baach was appointed as independent monitor of the class action lawsuit.

Special%20Education-1.jpgIn addition to the appointment, the judge, U.S. Magistrate Judge Aaron Goodstein, also provided documents on when the search for these individuals would be conducted. The schools must track down any student who missed being identified as eligible to receive special education services between that timeframe. Both current and former students would be sought.

The search and compensation is required after a court found that the Individuals with Disabilities in Education Act, a federal law, was violated. That lawsuit, Jamie S. Vs. Milwaukee Public Schools was ruled on in the same court district.

Not only do the schools need to locate these students but they must also determine what is fair compensatory services to provide to those whose rights were violated. Notices must be posted starting September 1st, 2009 in all public schools in the district and must remain there until Jan 4th, 2010. Anyone who could have had their rights violated is encouraged to sign the class action lawsuit to receive the required compensatory requirements. Students who were suspended during for more than ten days in that period must also be identified, and the schools must determine which students could have qualified.

The original lawsuit claims that the school did not make required payments to allow the special education students to attend private schools for the services that the public schools could not provide. The school district has appealed the ruling.

Continue reading "Special Monitor Appointed For Milwaukee Public School Special Education Lawsuit" »

August 21, 2009

Banning of Autistic Child’s Service Aid Dog Leads to Lawsuit Against School District

A lawsuit has been filed by the parents of a 5 year old autistic boy against the Columbia (Illinois) School District for forbidding their son’s service dog from accompanying the boy to classes. A Monroe County judge is expected to rule this week on whether the dog is allowed to attend class with the autistic child. The Monroe County Circuit Court Judge, Dennis Doyle, promised he would make a decision before the first day of class, August 24, 2009.

corbin-service-dog-pics.jpgFive year old Carter Kalbfleisch was only 18 months old when diagnosed with Autism. Carter experiences acute outbursts, often eats inappropriate things like grass and rocks, and runs away from his parents and teachers.

Doctors at Cardinal Glennon Children's Medical Center recommended a specially trained service dog for Carter. The dog and training have cost the family about $10,000.

(Photo of Carter & Corbin courtesy of STLTODAY.COM)

Carter's parents have noticed many positive changes since working with Corbin, a one year old Bouvier. Carter bonded instantly with the dog and now has minimal outbursts while in public. The boy’s parents have even noticed Carter is interacting with people.

School officials did not provide a reason for banning Corbin, but rumors indicated there were concerns of other students with allergies and that there may be students who fear dogs. Carter’s parents acknowledged they would have argued the decision within the school, but a decision would have taken nine months.

Children and adults with disabilities often use service dogs like Corbin and such dogs are becoming increasingly popular with people with Autism. Studies show children and adults who suffer from autism relax and open up more easily when a service dog is near. People with autism are known to have severe emotional and sensory overload, which makes it harder for them to deal with everyday surroundings and social interactions.

United States federal law protects the rights of the disabled to use service dogs. Illinois law permits the use and presence of a service dog in school, which is the law the Kalbfeisches’ are depending on. The disability laws have plenty of gray area. For example, small companies can forbid service animals if they are too disruptive, and school environments are also subject to such interpretation.

Continue reading "Banning of Autistic Child’s Service Aid Dog Leads to Lawsuit Against School District " »

August 14, 2009

Why Is A School District Suing A Gifted Student’s Mother?

In the city of Bethlehem, Pennsylvania, a school district is suing a mother. The Bethlehem Area School District has filed suit against Diana Zhou. The school district alleges that the woman "deliberately abused special education laws" in an effort to encourage the school to send her child to a private school. The school states that the child was a "gifted" student.

gifted%20student.jpgThe lawsuit is rare and was filed under a very specialized portion of the Individuals with Disabilities Education Act (I.D.E.A.). This federal law allows for school districts to try and recoup costs lost when legal actions had an "improper purpose." The school district is able to try and collect the costs of attorney fees from lawyers and from parents who push these improper claims. In this particular case, the school district has spent more than $100,000 on legal fees on the claims made by the woman.

The lawsuit stems around a series of incidents in which Ms. Zhou requested meetings to develop plans to be used to educate her two children. Each time, she refused the services that the school district offered to her. More than 20 hearings were held over a period of eight years. The hearings were designed to determine if the two children were getting appropriate services. In each of the hearings, the district won.

Under federal law, the school must provide specialized educational resources for children who are gifted, which both of Ms. Zhou's children tested as. The federal laws also provide that parents have the right to special hearings if they cannot agree on what the best plan for the child is. The lawsuit further states that the conflict worsened in the 2008 to 2009 school year. During that time, the lawsuit alleges Ms. Zhou told a mediator that she did not want to come to an agreement with the district regarding one of the child's education plans.

August 13, 2009

Grad Student Sues School Because She Can't Find A Job

A New York college is being sued because one of its graduate degree students has been unable to find a job. The student, Trina Thompson, states that the school, Monroe College, did not help her with job placement which ultimately has lead to her inability to find a job. She is seeking $70,000 to cover the costs of her tuition from the school and another $2000 as compensation for her stress in the job search.

jobless3.jpgThis is just one example of what is happening around the country where jobs are scarce in many fields. Some college career centers no longer call themselves "job placement" centers or services, but rather offer more training on obtaining a job. Career counseling and linking students with potential employers is as far as they will go.

Is this what students expect when they go to a college in the hopes of finding a job? According to Johns Hopkins University's career office director, Mr. Mark Presnell, students do not expect a guaranteed job found for them by the school. He is quoted by the Baltimore Sun as saying, "I think our students understand that we're here to guide them through the different kinds of career choices they have. What we're here to do is to educate and empower students to build a foundation for the development of their careers."

Other schools state something similar, that their job is not so much to find the job for the student, but to give them an education and then train the student how to market themselves and their skills to employers.

Continue reading "Grad Student Sues School Because She Can't Find A Job" »

August 13, 2009

High School Cheerleader Sues Former Coach Over Facebook Privacy

In Jackson, Mississippi, a former high school cheerleader has filed a lawsuit against her former coach as well as the school district in a fight over Facebook. The lawsuit is to the tune of $100 million, which Mandi Jackson and her family filed based on the coach reading the student's personal emails.

facebook2.jpgMiss Jackson states that the coach got into her Facebook account and read personal messages from her to other students, some of which contained profanity. Because of reading the messages, the coach, Tommie Hill suspended Jackson from cheering. The student was not allowed to cheer at football games or pep rallies.

The student believes she had her personal privacy violated. Her mother, Missy Jackson states that the coach tried to take over her role. She claims it is up to her to police her child's Facebook account and handle disciplinary actions herself. The mother also states that she tried to work with the school for two years to resolve the situation to no avail.

The lawsuit was filed in federal court. Courtesy of WAPT it may be viewed HERE.

Mandi Jackson dreads going back to school as a junior this year because she says that the other girls on the cheerleading squad no longer socialize with her. Although she was once friends with many of them, they no longer talk to her after the incident.

The school, on the other hand, states that all cheerleaders were warned that the coaches would be monitoring their activity online on social networking websites. The school officials have also filed a motion requesting that the case be dismissed.

August 5, 2009

Appeals Court Rules English is the Only Language for California School Achievement Tests

School achievement tests, required under the country's No Child Left Behind Act, do not have to be provided in any language other than English, a state appeals court ruled. In Coachella Valley, California, where many of the student's are considered English language learners, this has severely limited the school's performance.

testing%20students.jpgCoachella Valley Unified and other school districts alleging that students should be provided with achievement tests in other languages filed a lawsuit. The district is currently under state sanctions and an academic trustee for poor performance on these tests. The attorneys representing the school district state that the school is being treated unjustly since teachers are performing well.

The case appealed a ruling in 2007 by the San Francisco City and County Superior Court. In the case, nine school districts and bilingual education groups came together to sue the state of California over the English only tests. The lawsuit states that the state was failing to meet federal laws, which stipulate the English learners be tested in a method that is considered a "valid and reliable manner."

The school districts claim that even if the child understands the concept, they may be unable to demonstrate the answer since they cannot understand the question being posed to them.

The court's ruling (available HERE) was based on several factors including the court's unwillingness to not second guess the California State Board of Education. In addition, a state proposition that requires the majority of teaching to be done in English also was a factor. The ruling in the case was unanimous. The court stated that it would be confusing to teach in English and then to test in another language.

Federal law states only that reasonable accommodations are necessary to be made to accommodate students. The school districts have yet to determine if they will further pursue the case. They said that they will determine whether or not to move forward once the new administration in Washington D.C. determined how it would proceed with the No Child Left Behind Act.

Continue reading "Appeals Court Rules English is the Only Language for California School Achievement Tests" »

June 29, 2009

Mother Fights For Son's First Amendment Rights

A mother may find herself in front of the U.S. Supreme court, fighting for free speech and the separation of church and state. The mother, Donna Kay Busch, must make a decision about the case by August 31st.

church%20and%20state.jpgThe woman has filed a lawsuit against the Marple Newton School District and its officials. The case stems back to 2005 when her child was in Kindergarten. At the time, the children in the class were enjoying an activity called "All About Me Week." Part of the assignment was to have a parent read from the child's favorite book to the class. Busch's son, Wesley, selected the Bible as his favorite book. When Busch went to read from it to the class, she was asked to not do so by the principal, citing the need for separation of church and state.

The case has been ruled on twice. In U.S. District Court in Philadelphia, the court ruled in favor of the school district. In June of 2009, an appeals court upheld the original court's ruling. They called the classroom a nonpublic setting that, in turn, merited unique consideration of the free speech considerations.

In the ruling, Chief Judge Anthony Scirica stated it was necessary to "create the structured environment in which the school imparts basic social, behavioral and academic lessons." In particular, the statement pointed out, with children this young, the speech could be interpreted as promotion of religion.

Busch, on the other hand, believes that by taking away her child's freedom of speech, the school is in violation of the laws of freedom of speech. She will need to make her decision whether or not to appeal to the U.S. Supreme Court, and further her pursuit of what she call's Wesley's fight.

May 30, 2009

Vallejo City Unified School District Agrees to Pay $25,000 to Harassed Lesbian Student

In addition to revamping school district anti-discrimination policies, Vallejo City USD has agreed to pay student Rochelle Hamilton $25,000. The agreement was made in response to Ms. Hamilton’s complaints, prior to any lawsuit being filed.

Vallejo%20USD.jpgMs. Hamilton was represented in negotiations by ACLU attorney Elizabeth Gill. The complaints allege that teachers verbally harassed then 16 year old Ms Hamilton over her sexual orientation. The teachers then forced Ms. Hamilton to attend a counseling session for gay students. Attorney Gill said the counselor tried to discourage Ms. Hamilton and other students in the session from being gay.

Additionally, according to a letter dated Jan. 17, 2008, from the ACLU to district Superintendent Mary Bull, staff members made comments to Ms. Hamilton including: "Remember, you're a girl, not a boy," and, "You can get HIV/AIDS from being gay and messing with females."

This entire emotional trauma left Ms. Hamilton too depressed to do homework. She would often cut class because she felt like there was no point since her teachers did not care about her getting an education. She ultimately changed high schools.

Ms. Hamilton, her mother and ACLU attorney Gill are looking forward to the school district following through with the agreement. But, if the district defaults on the legally binding agreement, the ACLU will sue, Gill said.

May 26, 2009

UCLA Settles Civil Rights Lawsuit Over Student Tasered by Campus Police in Library

When US citizen Mostafa Tabatabainejad, then a 23 year old senior at UCLA, went to the library in November 2006, he didn’t expect any of the following to take place: He didn’t expect to be asked for his ID by campus police. He didn’t expect campus police to Taser him (allegedly 3 times) for failing to provide his ID. And, he didn’t expect video of the altercation to end up on YouTube.com.

UCLA%20library.jpgMostafa Tabatabainejad filed a lawsuit claiming his civil rights had been violated.

Following multiple investigations which included reviews of all YouTube videos capturing the event, the acting chancellor’s police accountability expert found the use of the Taser violated department rules.

UCLA police brought in their own expert who cleared the officers involved of any wrongdoing. Then the UCLA police implemented a ban on the use of a Taser on people presenting purely “passive resistance.”

In a statement, UCLA said they would pay $220,000 to settle the lawsuit. The university also said the settlement would allow Tabatabainejad to “complete his UCLA degree and move forward with his career.” Lastly, the statement said there would be no further comments by Tabatabainejad or the university.

Although not in the statement, this attorney would expect the settlement to also include appropriate retraining for all UCLA campus police related to the use of force and Tasers.

May 21, 2009

Los Angeles Unified School District Fails to Protect Children, Ordered To Pay

The Los Angeles Unified School District has been ordered to pay some $1.6 million to families of three girls who were molested by a teacher's aide, a man named Ricardo Guevara. The man is now incarcerated and will spend the next 15 years in jail for lewd acts with a child.

LA%20USD.jpgWhat is incredibly difficult to understand is that the jury and the public were never told that this was actually the third set of accusations that were brought against this man. In two other incidents, he was accused of such crimes and yet, due to a lack of evidence, no charges were pressed and even worse, the man was placed back into the classrooms.

The L.A. Times states that over the years, this is a pattern that the school district has had. There have been other instances, other cases, in which sexual misconduct complaints were brought to the attention of the school district in regards to employees. But, the claims were dropped and the individuals ended up in other schools. In one such instance, the new principal did not know of the background of Guevara.

The evidence is striking. In one instance, a school teacher was accused of molesting a 4th grade student in 2001. Prosecutors declined the case and the man was transferred to another school. He repeated the action and in 2004 was sentenced to six years in jail.

In another instance, an elementary teacher was accused of misconduct for insisting that a child sit on his lap and pose for a camera. The case was brought before the police who told the school to handle it administratively and they did by just telling the man to stop. Later, he pleaded no contest to sexual abuse of a child and will spend 16 years in prison for it.

The problem with these cases is that the legal system does not believe there is enough evidence to pursue legal action. More so, the only evidence comes from frightened children who are often too scared to talk. Many believe, though, the schools should err on the side of safety for the child, rather than protecting the teacher.

May 18, 2009

ACLU Wins Prayer Ruling

In Pensacola, Florida, the American Civil Liberties Union (ACLU), has won a case that has been in the courts for several months now. The case was filed on behalf of two students at Pace High School.

pace%20high%20school.jpgThe suit was filed against the Santa Rosa County School Board and named former Superintendent of Schools John Rogers and H. Frank Law, Pace High School principal, as defendants. The students claim that the school allowed religious prayer and promoted religion through the activities the school offered, such as offering prayer at school events. They believed this was a violation to their rights under the Establishment Clause of the First Amendment under the state's constitution.

The federal judge presiding over this case agreed, and awarded the students a settlement of $1. The judge's ruling stated that the school officials could not promote, endorse or participate in any type of prayer during or in conjunction with any activities for the school. They cannot provide any religious event planning, financing or organizing. They cannot host any school type event at a religious facility if there are other suitable options available. They also can no longer talk about their religious beliefs within the school's classes.

The ACLU worked for two years to try to get a settlement from the school board, and filed suit when they could not reach one. The school must instruct district staff members of the new requirements.

May 11, 2009

Graduation In Churches Not Okay, Says Wisconsin Students, Families

A group of parents and students have sued the Elmbrook School District in Waukesha County Wisconsin to stop the district from holding graduation ceremonies in a Christian church. The school district has hosted the graduations of both Brookfield Central High School and Brookfield East High School in the Elmbrook Church for some time. The group claims, that forcing non-Christians to be in the church is a violation of their constitutional rights. They claim it creates an atmosphere that makes them uncomfortable.

Elmbrook_Church.jpgAmericans United for Separation of Church and State is helping the parents and students through suing the school district. The group that is suing the district includes one graduating student, several alumni and parents. The school defends their actions to use the church, claiming that the facility is larger and that it is a much more comfortable atmosphere than the other buildings available for such a graduation ceremony in Waukesha County, about ten miles west of Milwaukee.

Originally, the mega-church agreed to cover the large cross that was positioned in the sanctuary. However, it later changed its mind and uncovered it because the church "wants to share its facilities without compromising its identity" as the claim noted. Additionally, those visiting the church for the ceremony also must pass Bibles and Hymnals that are placed in the pews. This creates the uncomfortable situation they are concerned about.

The lawsuit is clear in what it wants to happen. It wants the school district to no longer host this year's or any future year's graduation ceremonies in the mega-church complex. It is also seeking damages for the students and parents named in the case.

The school claims that they do not have an alternative site for the event and that while the church will remove anything that is nonpermanent, it will not move anything that is a permanent fixture within the facility.

May 7, 2009

Teacher Uses the Word "Kill", Files Lawsuit, New Jersey Supreme Court Rules Against Her

In Jersey City, New Jersey, the New Jersey Supreme Court informed a teacher that she could not take action against the school officials who called police on her and sent her for psychiatric evaluations for using the word "kill" in reference to the amount of stress she was under.

The woman, Sopharie Leang, is a Cambodian immigrant who taught English as a second language to students at a public school. She claims that she said her laryngitis on a particular day was brought on by stress and that her doctor told her that, "the amount of stress in my body could have killed some people." But, another teacher, whom Ms. Leang was speaking to in front of a body of 22 students, claims she said, "I'm so stressed out I can kill 22 people."

brain.jpgThe school took decisive action, which the Supreme Court ruled was the right step to take. The school district was justified because an "appropriate and decisive response" was required in this case. The laws that define the boundary between teacher's rights and student's protections is a fine line that often needs to be tested, by cases such as this.

When the other teacher, Vladmir Ashworth noticed her behavior and poor appearance, he reported the situation to the school nurse and to the principal. At that time, the teacher was escorted to the nurse’s office to wait for the principal. When the principal returned to the school some time after being notified, Leang became further aggravated. At that time, the principal called the Jersey City Police Department stating that an emotionally disturbed person was at the school.

She was later taken to a hospital where it was determined she was under a lot of anxiety and her blood pressure was elevated, but she did not have any homicidal ideation. The teacher sued the school district and school officials for the situation claiming a list of claims including breach of contract, wrongful or constructive discharge, sexual harassment and several others. The claims were placed in one lawsuit, which was dismissed on judgment due to the lack of evidence in the case.

The case went in front of an appellate court, which restored some of the claims. After much deliberation, it was determined by the Supreme Court of New Jersey that Leang did not have any cause of action to sue the school officials for their actions.

If you are interested in reading the entire 46 page Supreme Court opinion click here.

May 3, 2009

Parents In Utah School Outraged Over Kids' Safety In School

Two parents found out weeks after the incident that their children were being abused emotionally and potentially physically by another student in their special needs class. The parents, told only of the incident by a classroom aide are furious that the teachers and school officials failed to tell them what actually had happened to their children while in the care of teachers. The events occurred at Plain City Elementary in Utah.

Bully_bathroom.jpgThe mothers, Debbie Veldhuizen and Jamie Doak, have filed a complaint with the Office for Civil Rights and have sent notice to the Utah Professional Practices Advisory Commission and the Weber district. Nothing has been done. A lawsuit was dismissed for not being properly filed and they have since stopped pursuing it. They have moved their children out of the school.

But, What Happened?

According to a teacher's aide named Holly Wilson, a third child, not identified, touched Veldhuizen's clothed groin during school, causing him to have an accident. In addition, the same child harassed her son in the bathroom, screaming profanities at the child and threatening to kill him. The eight-year-old boy was so frightened; he was afraid to use the restroom and began having accidents. The other boy, Tucker Doak, does not speak and is about the size of a toddler. The same student choked Tucker and later tried to suffocate him.

The mothers believe that the school officials should have done more for their sons, specifically alerting them of what was happening. However, the school authorities said they did not alert outside authorities because they have to be careful doing so when children act out against other children. They work as a team to handle the situation and ensure it does not happen again. The mothers do not blame the offending child because he too is a special needs child. They do blame the school for the lack of notification and the lack of providing the proper environment.

Throughout the school year, there were four aides. Moreover, for six months of the year, there was no licensed teacher in the classroom due to budget shortfalls.

April 27, 2009

Tennessee School Use Of Internet Filtering Stops Students From Accessing Needed Information

The American Civil Liberties Union has been called on by a school librarian and two high school students in Tennessee. The students believe that the school's blocking of lesbian, gay, bisexual and transgender (commonly called LGBT) issues is particularly troublesome because it does not allow students to gain information from both sides of issues, as well as limits their rights to obtain needed information.

school-comp_lab.jpgIn Tennessee, some 107 school districts have an Internet filtering software program that stops LGBT content from being displayed on school computers. This software, called Educational Networks of America filters content according to the settings selected by the district.

Because of the filtering, high quality and nationally established websites including the Gay and Lesbian Alliance Against Defamation, Human Rights Campaign and the Parents, Families and Friends of Lesbians and Gay's websites cannot be accessed.

Enter a school librarian named Karyn Storts Brinks from Fulton High School. She tried to improve the situation and change the rules, to no avail. The problem with the software is that it only allows students to get one side of the story even though the contents are in the public forum now. While it does not allow students to visit these websites, considered legitimate resources, it does allow for students to visit websites encouraging reparative therapy which has been labeled dangerous by the American Medical and Psychiatric Associations.

One student tried to access information for LGBT students on scholarships available. Others have used it to research current debates in the public venue. There is no law, federal or state wide that requires such a block. The state law does require the blocking of material deemed obscene or harmful to minors.

The hope is that with the aid of the American Civil Liberties Union, there will be a solution put in place to aid these students.

April 23, 2009

English Language Learners: Not Enough Funding Case Goes To Supreme Court

In this session of the Supreme Court, there will be several cases heard in the educational field. One of which is based on the English language learners, or ELL, courses available in the state of Arizona. The case, Horne vs. Flores is a disagreement by several groups, often split along political party lines. The case involves the amount of funding for such courses and the legal requirements of the state to provide for such courses.

1504001%20Gavel%20%26%20Money%202.jpgThe Equal Educational Opportunities Act of 1974 states that states need to provide appropriate action to provide for equal education to all students, regardless of their origins and nationalities. Yet, in Arizona, the claim is that there was a lack of funding for English language learners instructional methods. The law states, specifically, that every state must, "take appropriate action to overcome language barriers that impeded equal participation by its students in instructional programs."

In 2006, a law passed that increased per pupil ELL funding. In 2007, a judge from the U. S. District stated that the law did not go far enough to provide for the programs in that it only went for providing $444 per pupil in ELL education up from $365 per pupil. Further, the law cut off funding for students who remained in such courses beyond two years. The judge ruled that the state's ELL funding was in violation of the Equal Educational Opportunities Act.

The case gets further complex when the No Child Left Behind Act, a federal act, is taken into account. The state's ELL law requires an offset of funds from the federal government to districts, but runs the risk of reducing the amount that the state can obtain from the No Child Left Behind Act.

April 20, 2009

School District Fails Evaluations: A Child Suffers Years of Lost Learning

A boy named Jarron Draper started his education like any other child, but fell behind as a seven-year-old child. At that age, he was doing poorly and needed the school to provide him with help. Although his teacher recommended that the child be tested to determine what was causing his academic problems, nothing was done. Teachers requested this help in 1995, 1996, and twice in 1997. Throughout this time, the school continued to provide basic education and often isolated the child from functional exercises that could have improved his education.

grade_F.jpgThen, in 1998, Draper was tested and the test revealed that he was failing because of a specific learning disability. At that time, it was evident he had clear signs of dyslexia but these were not addressed by the school system. He was placed in a restrictive classroom from 1998 through 2003. When he entered high school, he had not improved and in fact was struggling at early elementary levels. How does a boy at the age of 13 have only a third grade education?

Later, he was determined that Draper suffered from a low average range of intelligence, a far upper level compared to that of which he was diagnosed in 1998. This means that he did have the ability to learn and he could have been taught, if the school system would have taken steps to test for the disability and provided appropriate education for him.

Unfortunately, although parents recommended aid several times from the school, it would take the courts to intervene before the boy would be given the help he needed. By the time he was in the 12th grade, he still struggled with elementary level education (although the school had thrown him back into the same classes as other high school kids.) The courts ruled that Draper was not provided an effective education under state law by the Atlanta Independent School System. And, although the school tried to appeal the case, it was determined that the school must give him extensive private aid or pay for a private school.

Up to 20 percent of students drop out because they do not have legal representation to help them fight school failures. Draper did have this, but it is worrisome to think of what would happen to students who do fall through the cracks.

April 16, 2009

Valedictorian Sues and Loses Over Censoring Of Her Speech

In 2006, Foothill High School graduate Brittany McComb took to the podium to recite her valedictorian speech. During the speech to her Henderson Nevada classmates, she made several comments that administrators state strayed from her preapproved speech. Due to the content of that portion of her speech, Miss McComb believed she was being censored unfairly and that her First Amendment Rights were being violated. And that, took her to court.

In her speech, she made the following statement, "God's love is so great that he gave his only son up to an excruciating death on a cross so his blood would cover all our shortcomings and our relationship with him could be restored." At that point, her microphone was unplugged and the audience was unable to hear the rest of her speech. The video of the commencement has been on YouTube for two years and has since been viewed more than 35,000 times.

McComb learned this month that the 9th U.S. Circuit Court of Appeals would no longer hear her case. The panel of three judges issued a memo reversing a federal judge decision from 2007 not to grant a district motion to dismiss the case. While they can approve, McComb's attorney did not believe their chances were good. The panel stated that they did not believe the school violated her right to free speech by not allowing the "proselytizing graduation speech" to continue.

April 13, 2009

Cyberbullying: Schools, Websites, and Parents Go Head To Head

Cyperbullying is the act of threatening individuals in some manner through electronic means. Bullying in general is something that many students have faced over their school life and now, it has moved to the Internet. A good example of what is happening is with the website Facebook, a very popular, social network geared towards connected people.

694662_Bully_cyberbully.jpgFacebook users can create "hate groups" in which some students are using to mock, harass or otherwise harm users. This has lead to situations in which students are bullying other students not on school grounds, but through the Interent. The problem here is that there is no one group that is considered ultimately responsible for fixing this form of bullying.

The State of California passed Assembly Bill 86, which defines cyberbullying, but some believe it does not go far enough. Should police be involved in the situation, to handle these types of situations? Or, should the school be responsible? In some cases expressing cyberbullying, schools are often unable to monitor children off school grounds and yet try to stop cyberbullying anyway.

Some parents disagree with this. They do not want schools monitoring their children's computers or interacting with children outside of the classroom atmosphere. Parents themselves are often unable to monitor children close enough due to groups like Facebook, which makes it very easy for kids to come together online without their parent's knowing. Take this a step farther and some could blame social groups like Facebook, which does not have stricter requirements. Should the website stop kids from cyberbullying? They often do not realize such groups exist until it is brought to their attention, which rarely happens soon enough.

An example of this happened in California's Palo Alto school where a group of kids created a Facebook group that was called "I Hate Tyler" which was specifically targeted towards a student at Jordan Middle School. Over 100 members joined the group, which was created after the boy posted a video of himself singing on another popular site YouTube.

The question remains. Who is responsible for policing children who participate in cyberbullying?

Continue reading "Cyberbullying: Schools, Websites, and Parents Go Head To Head" »

April 9, 2009

Religious Themed Song Leads Parents To Sue School

Parents in St. Augustine, Florida, have filed a lawsuit against Webster Elementary School. The parents are upset about a recent incident in which their third grade children were made to sing a religious themed song. The song was part of the school's end of the year program.

The children began singing the song, "In God We Still Trust" by country group Diamond Rio a month prior to the lawsuit being filed. The group of parents believe that the song interferes with the parent's rights to raise children according to their own beliefs.

in_god_we_still_trust-1.jpgWhen one parent complained about the song, St. John’s County School District Superintendent Dr. Joseph Joyner pulled the song from the program. Hours before the filing of the lawsuit, the entire program was cancelled. Parents filing the suit claim that they are still entitled to damages due to the fact that their children were forced to learn the religious song. They claim that the school should not have provided the children with the song, because they feel the district should bar any religious instruction during school time, which they claim the song represents.

Some of the song's lyrics appear in the image above: (copyright Diamond Rio):

The lawsuit claims that the song's message is that God is part of American history and therefore individuals should fight attempts that try to secularize society.

The attorney for the school board states that singing a song that is like this is different than praying in school. In the past, schools have been allowed to sing religious songs. He claims that just singing a song does not mean that the school is endorsing the religion.

April 5, 2009

Parents File Suit Against School For Son's Suicide Brought On By Bullying

On an average school day in 2007, a high school junior named Eric Mohat decided he would come home and follow the advice given to him by a classmate. He shot himself, committing suicide because of the bullying that tormented him in the months and years prior. His parents have filed a lawsuit against the school.

bully.jpgThe school, located in Mentor, Ohio, allegedly knew of the bullying and did little to nothing to stop it, his parents claim. William and Janis Mohat filed the lawsuit against Jacqueline A. Hoynes, Joseph Spiccia (school officials) and Thomas Horvath (a math teacher) who they believe knew that their son was being bullied.

Mr. and Mrs. Mohat state that their son was very gentle and was the type of child to enjoy theater and music. He was tormented by bullies, in particular there were several in his math class, which was taught by Mr. Horvath. The teacher was also a sports coach at the school. These bullies called him various inflammatory names, and the teacher did nothing to stop the behavior. One day, one of the students told Eric to go home and shoot himself. That is just what he did.

The parents are not looking for money in this case but want the school to establish an anti bully program that would stop such bullying from happening. The school needed it, as in the same year as Eric's suicide, three other classmates committed suicide. All of those deaths were brought on by bullying as well.

March 18, 2009

"RENT" Cancellation Sparks Lawsuit At High School

Corona del Mar High School was recently put in the national spotlight when the school's cancellation of the musical "Rent" was reversed. Things have gotten a bit worse as the Newport Mesa Unified School District is now facing a lawsuit from the American Civil Liberties Union. The lawsuit states that the school allowed a "sexist and homophobic environment" for students on campus.

RENT%20musical%202.jpgCorona del Mar High School administrators are at the center of the lawsuit. The lawsuit specifically states that the atmosphere created at the school was hostile to "female, lesbian, bisexual, gay and transgender students in general, and has led to despicable threats of violence against one student in particular."

The school district does not believe all claims in the lawsuit and is said to be working on resolving the issues involved.

The lawsuit in part stems from the threats of violence found in a video posted online in which three students from the school were allegedly making slurs towards gays. Another student was allegedly threatened, and left the campus out of fear.

The problems originated when the school pulled an edited version of the rock opera "Rent" from the musical department. The musical portrays gay characters that battle AIDS and do drugs. Originally, the musical was pulled by the principal until the script could be reviewed, after which it was put back on.

The lawsuit states that those students were not punished harshly enough for their actions and therefore the school is being discriminatory. It claims that when students use anti gay slurs in front of teachers, students go unpunished. The ACLU is seeking damages on the behalf of the students, training for students and the schoolteachers and administrators and a statement stating that the school violated the civil rights laws in place.

March 17, 2009

California Court of Appeal: “Berkeley Unified School District Not Discriminating”

In a recent ruling on the method used to send children in the Berkeley Unified School District to school, the school system was found not to be discriminating. The American Civil Rights Foundation who believed the method of selecting children for schools was unfair challenged the system.

422216_uc_berkeley.jpgStates have implemented affirmative policies that help to foster diversity within the school systems. Courts are often faced with making decisions on whether these policies have gone too far and in themselves are now discriminatory based on race.

The policy in question was one, which had the goals of achieving social diversity. The school system uses a unique process to determine the location of the child's school. They base this on the neighborhood demographics. The policy in no way considers race, the court found, and therefore is not doing anything illegal by working to promote diversity in the system.

The assignment policy for the school district takes into fact a variety of components. This includes the student's residential neighborhood, the average household income in that neighborhood, the average education level of the adults living there, and the racial composition of the entire neighborhood, but not the student. When the demographics of a neighborhood are in use rather than the student's race itself, there is no case of discrimination against the student nor is the student receiving preferential treatment.

For those of you in school district management, whether or not you are a Sylvester, Oppenheim & Linde client, you will find the court’s opinion very educational. We invite you to read or download it by clicking on the following link: Court of Appeal Opinion A121137.

February 18, 2009

Will More Laws Make Better Parents?

Where does the fine line of the law stop and the responsibilities of parents begin? Throughout the country, interesting laws are being considered that would greatly affect parents.

One example is in North Dakota where the legislature is reading a vote that would install a $500 fine for parents if their children skipped school. When children continue to skip school, parents can be sent to jail, for up to 30 day and a hefty fine. Another example is in Minnesota. There, it may become illegal to smoke in the car with your child. Doing so is a secondary offense meaning that a ticket would be issued only if you were stopped for another violation first.

1164199_hand_in_hand_2.jpgAnother side of the coin affects employers. In Colorado, a new law under consideration would make it a requirement for all businesses with fifty or more employees to allow parents time off from work to attend parent teacher conferences, interventions, drop out preventions disciplinary issues and other situations in regards to their child's behavior and educational needs. Parents would get three-hour spans of time, up to 18 hour a year, to attend these all-important functions for their children.

Those pushing these laws believe they are essential for protecting children. Others say that the government is overstretching its hand and that parents should be making these decisions themselves. The fine line of legislating good parenting skills is struggling to be defined.

How far should the law go? To what point does the government have responsibility to parent children? More so, are these laws intrusive? These are all questions to carefully consider especially as new laws are discussed and often pushed through the legislature.

January 14, 2009

San Francisco Special Education Lottery Against Federal Laws

Under federal law, children with disabilities receive specific rights. These are defined under the Individuals with Disabilities Education Act (called IDEA for short). The laws require that each child with special educational requirements receive an Individualized Education Plan, or IEP. A team is assembled including professionals and the parents to work out the child's goals, needs, and to choose a placement in the proper class. This, some parents claim, is not what is happening in the San Francisco Unified School District (SFUSD).

864731_lucky_numbers_3.jpgStudents are placed in a lottery there, where a computer will select the proper placement for them. The problem is, this is a general education lottery system, and while the children do have an IEP in place, the parents have no ability to participate in the process of selecting their educational goals and teachers. This is against federal law, some say.

One instance that can help to shed some light on the problem happened recently to a parent who receives her child's information regarding teacher and class placement for their child. They went to see the teacher and classroom to discuss the child's needs. Little did they know when they arrived that the school just learned of the upcoming class and that no teacher had even been hired for it? Parents are allowed to request teacher qualifications and determine if the placement is acceptable for their child. This parent would have to wait until fall to determine this and, even worse, the child would likely remain in the class for a full year, even if there were an ill fit.

While the lottery method is still in use, parents have challenged it in the past. In both instances, the SFUSD lost at the “due process” hearing. If you are interested (especially if you are in school district administration) in reading the California DOE Special Education Hearing Office decisions, we have linked them HERE-1 and HERE-2 for your convenience.

The lottery system may work for standard elementary students, but for those with special education needs, current law illustrates that it falls short.

November 3, 2008

Suing School Districts Over First Amendment Rights?

Steve Rocco, an Orange Unified School District trustee filed suit in 2006 claiming that his first amendment rights were violated when he believes he was wrongfully censured by fellow trustees when he commented on the move of a principal within the district. He also claims that his rights were violated when the cable television channel allegedly edited a videotape message. The case was defeated by the courts and an appeal was shot down.

orangeusd.jpgCitizens are angry for several reasons, not to mention the man's notable behavior during school board meetings. Still, what angers them more so is the local media's handling of the case. They claim that the media fought for Rocco to the point of allowing the rights of Rocco's to be more important than the rights of all the children in the Orange Unified School District, where the incident took place. Their claim stems from the funds used to pay for such lawsuits.

The Fourth District Court of Appeal has ruled that the Rocco group now owes Orange Unified District some $37,000. Rocco claims that the money is covered by a bond and as such none of that money will come out of his pocket. In short, he along with other controversial board members are no longer on the hook to pay these costs.

Justice prevailed here. With the Court decision, funds expended on this lawsuit by the school district will NOT be taken from funds used to pay for students’ educational needs.

February 20, 2008

US Supreme Court Protects California Student’s Freedom of Expression

Yesterday, the U.S. Supreme Court held intact a ruling that said Novato school district officials violated a student's freedom of expression when they confiscated a high school newspaper because of an editorial criticizing immigration. The case is Novato Unified School District vs. Smith, 07-783.

Freedom%20of%20Speech.jpgA California appeals court in San Francisco ruled last May, upholding a California law that protects freedom of the press in public schools even more strongly than the constitutional rights guaranteed under the First Amendment.

Tuesday's Supreme Court order, which also denied a hearing sought by the Novato Unified School District, means that students in California "will be able to publish very controversial political opinions without fearing retribution," said Paul Beard of the Pacific Legal Foundation, a lawyer for the student who wrote the editorial.

After some students and parents protested High school senior Andrew Smith’s editorial, school district officials pulled remaining copies of the newspaper out of circulation and sent a letter to parents saying the editorial shouldn't have been published.

Along with his father, Smith sued in Marin County Superior Court, claiming that the district had illegally censored the piece and subjected him to public reprimand for expressing unpopular positions.

A judge dismissed the suit, noting that the editorial had been published and that the student hadn't been disciplined. But the First District Court of Appeal said the district had violated Smith's rights by confiscating the paper and sending the message to parents.

The appeals court said state law guarantees freedom of the press on campus unless an article is obscene or libelous, or unless it creates a clear and present danger of lawbreaking or disorder on campus.

The school district "succumbed to the fear of disruption and discontent" when it removed the newspaper from circulation, the state court said. Smith was awarded $1 and a declaration that his rights had been violated.

The U.S. Supreme Court ruled in 1988 that public school officials could censor student newspapers and remove sensitive topics without violating the First Amendment. California, however, is one of about a half-dozen states with laws that explicitly protect student expression even if it is controversial.

Continue reading "US Supreme Court Protects California Student’s Freedom of Expression" »

September 30, 2007

California Department of Education Settles Lawsuit with American Diabetes Association

The American Diabetes Association and the California Department of Education have settled a lawsuit that reinforces laws to protect diabetic students. In the settlement the students must have access on their campus to diabetes-related services, such as blood testing and insulin injections.

If a school nurse or family member is unavailable, then a volunteer can be trained to administer the insulin injection. A shortage of California school nurses and liability concerns about training non medical staff could stall the effects of the settlement.

550152_diabetes.jpgAccording to a recent article in the Press Enterprise, “… the California School Nurses Organization sent a letter advising school nurses to seek guidance from district lawyers before proceeding. Executive Director Nancy Spradling said nurses were concerned about losing their licenses should they train non-medical staff.”

The Disability Rights Education and Defense Fund reports that the settlement includes the following provisions:
• Districts cannot centralize diabetes-related services at one school. They must be
available at every school.
• Districts must identify and evaluate diabetic students.
• Financial burden is no defense for not providing services.
• If no school nurse or authorized personnel is available, a volunteer with adequate
training can administer insulin.

The question remains: Will the California School Nurses Organization assist in the implementation of this settlement of choose another path?

May 15, 2007

California Student Loses “That’s So Gay” Lawsuit

Rebekah Rice sought damages after being disciplined, then ridiculed, for using the phrase "that's so gay" at Maria Carillo High School in Santa Rosa. Superior Court Judge Elaine Rushing ruled that school administrators did not single Rebekah Rice out for punishment, nor did they break any laws when they disciplined her for using the phrase "that's so gay" in response to students who were teasing her about her Mormon upbringing.

398275_my_school_3.jpg

Superior Court Judge Elaine Rushing: "All of us have probably felt at some time that we were unfairly punished by a callous teacher, or picked on and teased by boorish and uncaring bullies. Unfortunately, this is part of what teenagers endure in becoming adults. The law, with all its majesty and might, is simply too crude and imprecise an instrument to satisfactorily soothe deeply hurt feelings."

Additionally, Judge Rushing also rejected the claim that the school refused to protect Rebekah from teasing about her Mormon religion. In an unusual move, Judge Rushing admonished the family for aggravating Rebekah’s situation, stating "If the Rice family had not told everyone that Rebekah had been given a referral for saying 'That's so gay' then no one else would have know it either, and she would not have been referred to as the 'That's so gay girl.'"

It’s good to see the judiciary rule in favor of the rules and laws which California school districts must follow. It is outstanding to see a judge hold parents accountable for exacerbating a minor school discipline issue and escalating it to a lawsuit.

As a law firm that deals in school district litigation and lawsuits regularly, this was truly a notable ruling.

Continue reading "California Student Loses “That’s So Gay” Lawsuit" »