Reference no: EM132454329

School Law: The Road Ahead

Peter is in the 9th grade. A recent assessment has designated his reading ability to be at the 4th grade level. His parents have brought suit against Peter's school district claiming that the district is negligent in that it has failed to provide an effective education to Peter.

Foreseeability Guide

1. The Patriot Act covers information on all individuals in public schools without violating their constitutional freedoms/rights.
2. Elementary and Secondary Education Act (ESSA) contains requirements for safe and drug free schools.
3. Students over the age of twelve who "bully" may be subject to "criminal" charges as well as school sanctions.
4. Duty of Care is heightened in the school environment and especially if a school administrator suspects gang presence. It is required that schools provide a "safe place" for students and their education.
5. School uniforms must be voluntary.
6. Drug testing and alcohol breathalyzer testing is permitted in school and school sponsored events as long as it is "reasonable".
7. All school personnel are individually responsible for their actions that may result in a tort (a wrongful act that may result in damages - typically monetary) whether intentional or unintentional. Schools may also be held responsible (respondent superior).
8. Most torts involve negligence. Negligence uses a standard of foreseeability (ability to predict harm). Also, negligence is a result of schools that are held to a higher standard of care (# 8). The expectation is that prudent steps will be taken to avoid harm.
9. Negligence in schools is counteracted by an "assumption of risk" as when students participate in contact sports, etc.
10. Assault is a threat...battery is actual physical contact.
11. Defamation occurs when there are statements made to harm a person (good name, character, reputation).
12. Originally segregation was a function of law at the state level. In such cases, the federal government interceded and demanded desegregation based on the 14th Amendment (Equal Protection). Segregation was then handed back to federal district courts to determine based on their proximity and knowledge of school districts.
13. De Facto Segregation exists where imbalances occur through non action of the school committee.
14. Where unequal ratios of students exist, students may be voluntarily transported to schools where they represent the minority.
15. State legislature provides for school funding. It may or may not delegate taxing authority to schools within legislative restrictions.
16. Financial legal challenges originate at both the federal and state level that focus on equity of distribution of revenue.
17. The most significant federal ruling (Rodriquez/Judge Powell), declared that education is not a guaranteed fundamental right under the constitution. Rather education is a function of the state. In essence, this relieves the federal government of any financial connection with the states in their provision for public education.

Based on the scenario in the introduction, what is the likelihood that Peter's parents will prevail in their challenge? Why or why not?

Additionally, use the four-step Response to Legal Questions from Week 1's Introduction to analyze the scenario and post your response to the four steps.