Schools Threatened with Legal Action
In addition, some principals will not hold traditional festivals for fear of objections and lawsuits from community groups, Young said. Citing an increase in harassment, intimidation, and threats of violence against school board members, teachers, and public school workers across our nation, Attorney General Merrick B. Garland today ordered the FBI and U.S. prosecutors to meet with federal, state, tribal, territorial, and local law enforcement agencies over the next 30 days to discuss strategies to address this trend. Disturbing. These sessions will provide dedicated channels of communication for law enforcement to report, assess and respond to threats. « I look at everything from a legal point of view. When I innovate in decision-making, I imagine being cross-examined on the witness stand. I check my answers in mind. Laws have statutes of limitations that limit the length of time a person can file a lawsuit. If a person knew of an offence or had reason to know about it, but did not take action within a certain period of time, he or she may be excluded from the action.
I have questions for Pam or someone else? I have a 16-year-old child. Moderate to severe autistic son who is nonverbal and also type 1 diabetic. We filed a due process application with our school for violating federal laws. We have resolved this issue. Now we brought our son back to our neighbourhood in the hope that he would receive the appropriate services. It`s been 2 years now. I happen to be employed by the district to support our son. Just recently, the district changed my position as my son`s personal companion because they didn`t teach him. I have seen and told the district that they do not adhere to our son`s IEP if they have been intervening one-on-one with his teacher since school began. We had meetings with the administration, we came to nothing. Documentation, so many clients we have contacted, can be the key to avoiding liability in a lawsuit. I have been working in public education for over 30 years and have seen our society become more confrontational every year.
I have heard parents yelling « I`ll call my lawyer » when their children blatantly violated school policy and when new redistricting plans were put in place to balance the number of students. And, of course, I`ve heard county employees make the infamous threat when their pay raises were withheld despite documented poor performance. Davis, principal of Doctors Inlet Elementary School in Middleburg, Florida, pointed out that some states have created accountability funds to help educators in such legal situations. « It is good to know that teachers are protected by our legal system, » he added. An immediate consequence of these meetings was a review and revision of existing district school policies and procedures. In reviewing each district`s policy, we looked for loopholes that could weaken our legal position in litigation. We have established a formal protocol of specific procedures to follow when investigating or resolving existing or potential problems. This proactive measure helps school administrators resolve potential problems before they escalate into serious situations and litigation. The attorney met with county administrators and board members to carefully review the county`s settled and ongoing lawsuits and their impact on the county budget.
As a group, we looked at the key issues related to each claim and the preventative measures that could have minimized or eliminated the litigation. My 6 year old son currently has an IEP for DD (B-5). In April 2021, after an independent assessment (IE) showed he had ASD, I officially requested a review by the school. I presented IE and its new FBA as justification. I only received a response from the school in November. After many meetings, we started the ITR process. Finally, after a lot of data collection, at the end of February, the IEP team agreed to a review and I signed the parental consent. We are now at the end of May and the school has told me that their statement will not be completed until September 2022. I find this unacceptable and would like to take action against the school. During his years at the helm, Young saw how the threat of lawsuits makes relationships less personal.
It also took away some of the fun of the school day. « Since my staff and I are always questioning and worrying about student supervision, the legal atmosphere has influenced the decisions we make about field trips, » he said. « We no longer let our sixth-grade outdoor education classes stay in a campground outside of school.