Plaintiffs and Defendants
In this case study, the plaintiff would be the parents/guardian of the victim. The victim is labeled as special education student with cognitive disabilities and mental illness. The point of view the plaintiff is trying to make is they are suing the Board of Education for willful and wanton misconduct when they failed to supply another attendant for the bus knowing the assailant’s deviant sexual history and protective plan. The plaintiff also believes the act was a foreseeable situation based on the prior situations and knowledge of the assailant. In this case study, the defendant would be the Board of Education for this particular district. The point of view for the defendant is that they are pleading immunity under Section 4-102 of the Local Governmental and Governmental Employees Tort Immunity Act. The Board of Education also tried to claim immunity through Section
3-108 which is immunity for failure to supervise an activity on
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The students were pre-kindergarten students and were nonverbal. There were multiple reports that students in the class had been abused. Even though the warning signs were there the school district continued to let the teacher teach despite all of the warnings, complaints and evidence that the teacher was abusive. Another court case that supports the case stated above is Leeann Mitchell v. Cedar Rapids Community School District. This case was decided on June 21, 2013. In this case a mother of a special education student was sexually assaulted by another student after hours off-campus. The jury found that the school district was negligent and did not provide supervision of the special education student. The jury sided with the family on this case and believed that the school was responsible for what
The third case, Daniel RR v. State Board of Education, was documented in United States Court of Appeals, Fifth Circuit in June 12, 1989. This case discussed whether a child with disability is given a right to receive mainstream education.
Based on the case study, Sara has many elements and character traits that can identify with her diagnosis of autism. I do strongly believe Sara diagnosis is appropriate and in line with IDEA definition and the revised criteria for ASD in the DSM-5.
Early national period, permits monitorial schools, religious organization, and free school societies to fill the space before state systems came about. Laws were given for a vast amount of sovereignty to be delegated to local school boards while financial support largely depended on local property tax (Pulliam & Van, 2013). With these conditions, it was normal for districts authorities to maintain power and more control by the state. Pulliam & Van (2013) stated back in the early national period, Henry Bernard and Horace Mann constructed their personal state school system without seizing the policy making power of boards of education. During the World War II, the customs of local autonomy have caused conflict with state legislatures. Currently, state governments and departments of education have a more vigorous role in teachers’ certification, creating lists of appropriate course materials and even directing the curriculum (Pulliam & Van, 2013). Multiple states
Doe v. Big Walnut Local School Dist. Bd. of Educ., 837 F. Supp. 2d 742
Lago Vista Independent School Distict. Gebser and her teacher had a sexual relationship that lasted for almost 2 years. The two were caught in the middle of having relations. The teacher was arrested by the local police department and his license were revoked by the state. Gebser never notified administrators or staff about the relationship between her and the teacher. Her parents tried to file a case on the school district for damages and monetary payment. The court ruled in favor of the school district. This case was very interesting and unique in many ways. I support the decision of the court on no to reward the victim monetary payment. Gebser never tried to notify anyone about the situation, it was more so enjoyment for her. This school district was very proactive and moved very quickly after finding out the
d) In the legal expert’s opinion, are there any elements of special education law that need refinement? Explain.
The plaintiff (female student) has every right to take action against the negligent teacher and school.
The families of the students filed suit in the District Court stating that their First Amendment rights were violated. The case went before the District Court and was appealed to the Supreme Court. The families sought for nominal damages as well (Tinker v. Des Moines Independent Community School District
“The victim was standing at the front door of the school entrance when the suspect and her mother attempted to open the door. The victim would not open the door, according to school policy. Suspect and mother cursed the victim. Suspect then began punching the victim in the face numerous times. The victim received bruises and scratches to the face. All of these events occurred while school was in session and disrupted the daily business of
At first the District Court dismissed the complaint and ruled in favor of the school authorities’ action saying it was reasonable in order for them to prevent disturbance in classrooms. The case was appealed and brought to the United States Court of Appeals for the Eighth Circuit where they also agreed with the District Court rulings and ruled in favor of the school authorities.
action involving a party to the first case. (Migra v. Warren City School Dist. Bd. of Ed. (1984) 465 U.S. 75, 77, n. 1 [104 S.Ct. 892, 79 L.Ed.2d 56]).
Quality Immunity could be a double edge sword in many case scenarios. Therefore, often times it is hard to say whether quality immunity should be granted to government officials based off of actions they choose to take. Therefore, in this short paper I am going to research and analysis the case of Safford Unified School District v. Redding. In my finding I will address the issues of whether the school was justified or not in the search of Savannah Redding, whether qualified immunity should be given to government officials, and whether I agree with the finding in the case.
FACTS: Nine named appellees, each of whom alleged that he or she had been suspended from the public high school in Columbus for up to 10 days without a hearing. Dwight Lopez was one of the nine students who were suspended for 10 days for misconduct at a public school in Ohio. Lopez filed a suit that Principal Goss violated their Due Process rights by not having a hearing for their suspensions. Ohio Law empowers the principal of an Ohio public school to suspend a pupil for misconduct for up to 10 days or to expel him or her. However, the principal must notify the student’s parents within 24 hours
Indeed, as with previous iterations of guidance, the legal policies of investigative practice can be difficult to implement outside of the formal judicial system: a lack of proper evidentiary handling and a fundamental misunderstanding of the process whereby facts are determined can prove impediments to a fair and impartial investigation. Moreover, the hearing process itself and the limitations imposed on the ability of both the Complainant and the Respondent to directly question and cross-examine one another make it difficult for an institution to adhere to the fundamental due process rights implied in the Letter under certain conditions: “Public and state-supported schools must provide due process to the alleged perpetrator.” Herein, another difficulty arises with respect to the ambiguity
REPORTER: The reporter/Counselor (Marilyn) called with concerns for the victim, Jerrik. The reporter said the victim came to school late today (8/28/2015), but he was fine. According to Marilyn, the victim was messing with his arms and the teacher (Tabitha) asked the child “what was wrong”, and the victim had bruises on both of his upper arms. The bruises “looked like finger prints” (were not dark marks). After the victim showed the teacher his arms, he then said “look” and “pulled up his shirt, “there were two big bandages covering up the burn marks” in the middle of his back. The teacher asked the victim what happen and he said “I got my butt whooped”. At 11:24am on 8/28/2015, the reporter was called back, and she said the child stated that