A Westerly High School student sues the school district for allegedly violating his First Amendment rights after the school board bans a T-shirt he wears.
That’s just one of the situations that has put school districts in Rhode Island and across the country on guard, as educational institutions have become a target for lawsuits and litigation proceedings.
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“Litigation today is very much a part of the educational process,” said Scott Kizner, superintendent of the Westerly School Department. “Unfortunately that is just the way that it is. It goes from personnel to special education to issues of liability and so on. It’s definitely something that you have to be very cognizant of.”
In fact, a recent national study found that 75 percent of principals reported banning all physical contact for fear of lawsuits. Sixty-five percent of those responding noticed a difference in general in the kinds of school-related programs offered because of liability concerns and costs. And nearly one in five principals admitted spending between five and 10 hours a week in meetings or documenting events to avoid litigation.
“When it comes to frivolous lawsuits against educators, the only winners are personal injury lawyers who take money that would otherwise go to educate America’s children,” said Sherman Joyce, president of the American Tort Reform Association, which co-sponsored the survey.
The numbers don’t surprise Kizner.
“It doesn’t take a lot to initiate a lawsuit these days,” he said. “It amazes me how often in the heat of a disagreement people will tell me they are going to bring in a lawyer. It’s almost like their first response.”
This year, in Rhode Island – as of last week – 84 cases have come before the Rhode Island Department of Education’s hearing board, which handles appeals to decisions made at the local school board level. And while it’s an increase over last year, which saw a total of 70 cases, Elliot Krieger, a spokesperson for the department, said it’s nothing to be alarmed about.”The number is clearly higher than last year, but we are about even with the year before that,” he said. “We have four lawyers on staff here and there is no sense that we are going to have to hire more.”
According to Krieger, the majority of cases that go before the hearing board revolve around monetary issues.
“The more interesting cases are obviously ones that make the news,” he said. “But most of the cases that are seen are typical monetary issues.”
Taras Herbowy, superintendent of schools in East Providence, said his district has seen a decline in suits being filed against the district, both with the Department of Education and in Superior Court.
“When I arrived here (four years ago) there was a concern that the attorneys were very busy,” he said. “We are certainly not handling cases to that extent anymore.”
The cost of handling cases varies from district to district. In some cases litigation has a direct impact on other education programs. For example, Kizner said, the Westerly Town Council handles the school department’s budget, and while the money might not come directly from that budget, it has to come from somewhere.
“Indirectly they may take the money that would have been forwarded to the school department for another program and put it toward the legal fees,” he said. “We bear the responsibility and most likely the cost.”
The result is an increased level of awareness.
“People have become very cautious and careful,” Kizner said. “I am not going to subscribe to the notion that you alter education because of legal policies. Education has to come first.”
Herbowy said awareness is the key to keeping costs down.
“Programmatically, we are guided by a set of rules. Due process has to be in place,” he said. “In the meantime, you have to be very cognizant of certain areas. One of the things that we have been doing is making our attorneys accessible to staff so that when issues come up for advisement we can handle them immediately. It’s our goal to settle things in an amicable manner.”
