Articles Tagged with California School Lawsuit

Published on:

A former student in San Diego has been awarded more than $1.25 million stemming from an incident in which she was forced to relieve herself in a bucket.

need-to-pee-118755742-001Back in 2012, the 14 year-old student was in a 25-minute advisory class at Patrick Henry High School when she felt the urgent need to urinate. The short class was designed so students could study. This particular session was being presided over by art teacher Gonja Wolf. Teachers had been told that frequent bathroom breaks would undermine the efficacy of the class. Wolf believed that the school did not allow any bathroom breaks during the advisory class, so she searched for an alternative.

As it happens, Wolf had already invested in a bucket that was intended to provide an alternative to using the bathroom in the case of a lockdown. The teacher admitted to having used the bucket herself when she was working late. Accordingly, she took the student to an adjacent supply closet where she gave her the bucket and instructed her to flush the contents down the sink when she was done.

It wasn’t long before word got out about the incident. Local media had a field day, and the result was that the student was teased relentlessly. An excess of gossip and lewd texts drove the student into depression. An eventual suicide attempt drove her to seek ongoing medical care. Between the media glare and the unwanted attention from fellow students, she was forced to switch schools twice before finally graduating from a charter school.

The girl and her family initially asked the district for $25,000 in compensation, a request that was denied. Nonetheless, officials offered an apology and help for the anguished student. It’s unlikely they imagined that the case would one day be settled in the courtroom, leaving them without $1.25 million in damages plus $41,000 for medical expenses.

District officials say that they may appeal the jury’s decision. Testimony at trial indicated that the district’s teachers are now told to allow bathroom breaks during all periods. Nonetheless, this has been an embarrassing chapter for everyone concerned.

Published on:

A lawsuit has been launched by the ACLU against Kansas City Public Schools. In the complaint, the plaintiff alleges that a seven year-old child, who weighed less than 50 pounds and was not even four feet tall, was handcuffed before being led to the principal’s office after a classroom disturbance.

Wooden gavel and handcuffsThe incident occurred in April 2014. Kalyb Primm, a student with a slight hearing impediment, was asked by his teacher to move to another seat in their classroom at George Melcher Elementary School. Primm alleges in the lawsuit that he was being teased and bullied, which led him to cry and yell. A school resource officer named Brandon Craddock was passing by and heard the disturbance.

Entering the classroom, Craddock tried to join the teacher’s efforts to quiet Primm. When these efforts didn’t succeed he asked Primm twice to accompany him to the office of the school’s principal Anne Wallace. The complaint says that Primm became frightened once outside the classroom, crying again and trying to walk away. Craddock attempted to lead Primm to the principal’s office by the arm, but the child grasped a railing with his free hand. Allegedly without trying to find a way to de-escalate the situation, Craddock handcuffed the boy, taking him to the office where he sat quietly for 10 to 15 minutes while waiting for his father to arrive.

The ACLU lawsuit argues that Primm’s Constitutional rights were violated by the actions of the school resource officer. Among the allegations, the complaint says that Primm was unlawfully seized and restrained. ACLU legal director Tony Rothert remarked that, “Gratuitously handcuffing children is cowardly and violates the constitution.” Moreover, the action may have been a violation of state law. Plaintiffs are requesting attorney’s fees and compensation for damages. Additionally, the complaint asks for enhanced training regarding constitutional rights for school resource officers in the region.

This lawsuit is still in its early stages. Nonetheless, it demonstrates the pressing need for law enforcement, security officials, schools and businesses to be aware of the constitutional rights of every citizen, and to actively work to support those rights.

Published on:

An online charter school in Ohio filed a lawsuit against the state’s Department of Education in an effort to block an attendance audit.

School-Bus-43843684-001

The Electronic Classroom of Tomorrow, known as ECOT, advertises that it enrolls more than 15,000 students. This means that the facility is larger than most of the traditional public school districts. The tremendous number of students entitles ECOT to approximately $107 million in annual funding from the state.

ECOT is unlike traditional schools in that students log on via the Internet. Officials from the Department of Education want to audit ECOT’s attendance records to determine whether or not they genuinely have 15,000 students and whether or not those learners are meeting the 920 hours threshold that is mandated by state law. This means that students would have to log in for approximately five hours each day.

ECOT consultant Neil Clark argues that students are not required to complete 920 hours of classroom time. He asserts instead that 920 hours of learning opportunities are required to be presented. Moreover, Clark says that the government never asked for “documentation of log-in durations” in prior audits to determine how much funding ECOT would receive. Clark also suggests that the government is trying to retroactively apply new standards that do not apply because of the contract between ECOT and the government.

ECOT is not the first charter school to experience political turmoil recently in Ohio. In 2015, a smaller online school was found to have misrepresented its attendance numbers, with the result being that they had to return 80 percent of the money they had received from the state.

Officials at ECOT may be trying to avoid a similar fate. However, they are wise to ask that the Department of Education live up to an existing contract. Neil Clark declares that the school “successfully passed audits in 2003, 2006, 2011 and ten other audits” that were conducted by a different accrediting body. According to his statements, ECOT is not against being audited, they simply want the government to do so within the terms of their contract.