Doe Vs. Covington and schools in Texas

I was surprised when I contacted a mother from a youtube video under coxxranch (4 videos) that the schools are so hard to work with in the complaint process. You can only present evidence in the first hearing with the school, and all further hearings no further evidence can be introduced. I was intrigued, and then I heard about Doe vs. Covington, the case that has landed a precedent that somehow (I don't know how) correlated to the bullying cases in Texas that are being thrown out.

Doe vs. Covington

This case was about a 9 year old girl who was checked out of school by Tommy Keyes (not a family member) and the superior court ruled that Keyes was a private actor, and the school was not liable for releasing the child only to be sexually abused by him. The court ruled that the school was not responsible as they could not have foreseen the incident that was to take place at the hands of a private actor. 

What does this have to do with Texas?

In Texas, mothers who are trying to get bullying/peer abuse addressed with their school are often hearing Doe vs. Covington as a way for them to avoid the law. In one case, the mother told me about how the fines would disappear if the kids would fight and the administrators would bet on these fights. I imagine this isn't in all the schools, but parents need to be aware of what is going on, and what to expect if they are bringing up Doe vs. Covington as a way to avoid the states law on bullying. 

Really, Betting on Fights?

First off, you don't bet on children in fights, and secondly schools need to be accountable for these occurrences, as no one is above the law. I have heard that judges and even advocates are routinely paid off to look the other way, and leave the parent wondering what happened. This is not all, in some cases supposed advocates (in southern states) have charged parents up to 2,000.00 to help them, when for almost 5 years I haven't charged a dime, and these crooks have slashed the tires of administrators and did nothing further in the form of resolution with the school. 

If you are looking for a service, and the advocate charges you money, chances are your getting duped. Advocate sites already have information on them of what to do in documentation, and what you need to know as a parent.

Check out this lawsuit
http://www.courthousenews.com/2012/05/29/Bullying.pdf?utm_source=June+2012+Newsletter&utm_campaign=Newsletter&utm_medium=email

If you have a question feel free to email me at pkefdr@aol.com

Paralyzing Punch Nets 4.2 Million

RAMSEY, N.J. — A New Jersey school district has agreed to pay $4.2 million to settle a lawsuit by a middle school student who was paralyzed when a known bully punched him in the abdomen.

The settlement between the Ramsey school district and the family of Sawyer Rosenstein, who had complained to the district about being bullied, was worked out over the past two months but not made public until last week.

Read more: http://www.nydailynews.com/news/national/jersey-bully-paralyzing-punch-nets-4-2m-settlement-article-1.1064125#ixzz1sYrun7hN

Government warns schools that bullying can violate civil rights laws

Washington (CNN) -- Bullying and harassment in schools often includes violations of federally protected civil rights, the federal government warned Tuesday in new guidelines for educators on how to address the problem.

If school administrators fail to properly deal with harassment based on gender, race or other issues, they risk being cited for contributing to a pattern of civil rights violations that could, in extreme cases, lead to a cut in federal funding, according to top officials who spoke to reporters on a conference call about the new guidelines.

"In extreme cases, schools could be stripped of their federal education monies if they don't comply with all of our civil rights laws," said Russlynn Ali, assistant secretary for civil rights. Also on the call were Arne Duncan, secretary of education, and White House Domestic Policy Council Director Melody Barnes.

The issue of harassment gained prominence this year after a spate of suicides by students who were being bullied. President Obama has called for greater awareness of the problem, saying the nation must "dispel the myth that bullying is just a normal rite of passage or an inevitable part of growing up."

The guidelines were part of a letter that began "Dear Colleague" sent Tuesday to thousands of schools, colleges, universities and school districts around the country that included examples of bullying and harassment cases that constituted violations of federal civil rights laws.

In addition, the government said the White House will host a conference next year on preventing bullying and harassment, building on efforts by Duncan's department and other agencies.

In August, the Obama administration hosted the first National Bullying Summit and launched a national campaign against bullying.

Ali said the government proposed $410 million in fiscal year 2011 spending for "successful, safe and healthy students," a 12 percent increase over 2010.

In a statement Tuesday, the American Civil Liberties Union welcomed the new government guidelines for making clear that most religious, gender and sexual harassment comes under federal civil rights prohibitions, but it called for expanding the federal law to eliminate any doubt.

"Though the guidance goes far under current law, it does not replace having a federal statute that explicitly protects" lesbian, gay, bisexual and transgender students, said Laura Murphy, the director of the ACLU's Washington legislative office.

Murphy called for Congress to pass the Student Non-Discrimination Act, a bill pending in the House and Senate that the ACLU said would guarantee that homosexual and transgender students are explicitly protected from harassment and discrimination under federal law.

The issue of harassment gained prominence this year after a spate of suicides by students who were being bullied. President Obama has called for greater awareness of the problem, saying the nation must "dispel the myth that bullying is just a normal rite of passage or an inevitable part of growing up."

The guidelines were part of a letter that began "Dear Colleague" sent Tuesday to thousands of schools, colleges, universities and school districts around the country that included examples of bullying and harassment cases that constituted violations of federal civil rights laws.

Story found at http://www.cnn.com/2010/US/10/26/schools.bullying.discrimination/index.html

An assault or a fight? This school has no clue.

According to Josh Duggan Sr., his 16-year-old son, Josh Jr., a sophomore at Fayetteville High School, was walking back to school from lunch, when he was attacked.

"The guy yelled at him, swung him around, asked him if he was ready for round two. My son informed him he didn't want to fight."

But Duggan Sr. says the boy didn't listen. Instead, according to Duggan, the 17-year-old senior kicked his son in the back of the knee breaking his leg, and then slammed his son's head into the concrete until he was unconscious.

Duggan, Sr. says his son's injuries could have been prevented. According to him, this isn't the first time his son has been attacked. The boys had another altercation at school 3 to 4 weeks ago.

"His mother had warned the school officials several times that this kid's not done. This is going to happen again," said Duggan Sr.

He says this is a classic case of bullying gone to the extreme. Police still aren't quite convinced.

"I know it's been reported as a bullying incident, but there is no evidence at this time, after talking with the witnesses and the suspect, of this being any bullying at all. It just seems to be a mutual combat thing between the victim and the suspect," said Sergeant Phelan with the Fayetteville Police Department.

Duggan Sr. strongly disagrees.

"I'm more than a little upset that certain officials are in the press saying that we can't determine if this was a bully attack or if this is a school yard brawl....That goes beyond a school yard brawl. That is excessive brutality. That is psociopathic tendencies coming from another student," said Duggan Sr.

The alleged bully has been arrested and charged with 3rd Degree Battery. Depending on the extent of Duggan Jr.'s injuries, those charges could be upgraded and the suspect could be charged as an adult.

Alan Wilbourne with the Fayetteville School District says they can not comment on the case, but says they are following discipline policies.

Duggan says his son will not be returning to Fayetteville High School and he hopes his son's story can prevent more attacks like these.

"I'm pleading to the city of Fayetteville. Make an example of this kid. Show that bullies go to jail and kids can go to school without fear," said Duggan Sr.

Bullied Student Wins $800K Settlement

by Tom Henderson - March 9th

Bullies everywhere are going to find it a lot harder to shove kids into lockers, trip them in hallways, call them degrading names and generally make every day at school a living hell.

That's because one victim didn't get mad. He got a lawyer.

Officials for Hudson Area Schools in Michigan were ordered March 3 by a federal jury to pay former student Dane Patterson $800,000 for failing to protect him from school bullies...

...Patterson tells the newspaper he complained to teachers and administrators, but nothing changed.

"I can't even put into words the pain and suffering that I went through for years," Patterson, now 19, tells the Free Press. "It's something that I would not want anyone else to go through."

The final straw, he says, came when he was a sophomore and a naked student rubbed against him in a locker room. ...

For more about this story go to: http://www.parentdish.com/2010/03/09/anti-bullying-ruling-an-atomic-wedgie-for-bullies-everywhere/

Possible lawsuit over strip searches

Check out this article called...
Mom: I don't send my kids to school to be strip searched
Three high school girls, taken into a washroom one at a time by an off-duty Chicago police officer, told to drop their pants, squat and cough -- all in the hunt for a cigarette lighter that was never found... To read more go to http://www.suntimes.com/news/education/1366560,aspira-high-school-strip-search-010709.article