Court of Appeals of New York
June 14, 1979
Edward Donahue filed a complaint against the Copiague Union Free School District in Suffolk County Supreme Court for monetary damages for “educational malpractice” and the negligent breach of a constitutionally imposed duty to educate. Donahue claims that even though he received a certificate of graduation from Copiague Senior High School, he is not able to read. The Court dismissed the complaint for failure to state a cause of action. The Appellate Division of the Supreme Court upheld the decision.
One interest in this case is Donahue’s inability to comprehend simple English, allegedly educational malpractice. It is a primary interest, short-term, and educational and psychological. Although the court agrees that he may be injured, the court should not entertain such claims. Control and management of educational affairs belongs to the Board of Regents and the Commissioner of Education, not the court. The court will not make educational judgments or review day to day implementation of educational policies.
A secondary interest, short term and educational, is the right of students presently enrolled in public schools to enlist the aid of the Commissioner of Education in ensuring that they receive a proper education.
Another secondary interest, long-term, financial and political, is the interest of the court. The problems that would be raised by addressing a cause of action of educational malpractice would be formidable.
A final interest in this case is the constitutional duty to educate. It is a primary interest, long-term and educational. The State Constitution states that “legislature shall provide…system of free common schools, wherein all the children of this state may be educated.” The court decision states that this directive was not intended to impose a duty from a local school district to individual pupils, the breach of which would entitle a pupil to compensatory damages.
This court upheld the previous decision.
You May Also Find These Documents Helpful
-
Marvin Pickering was a high school science teacher from Will County, Illinois who was fired by the Board of Education for writing a letter to the editor. The letter was published in a local newspaper and contained many negative and inflammatory statements toward the school board regarding their use of taxpayer’s money. Specifically, Pickering was upset about the use of bond money to athletic programs, instead of fixing facilities and paying teachers. The Board of Education concluded that Pickering’s letter was “detrimental to the efficient operation and administration of the schools of the district” (Essex, 2012). Pickering argued that being fired for writing a letter as a private citizen violated both his First and Fourteenth Amendment rights to Free Speech and Due Process under the U.S. Constitution.…
- 726 Words
- 3 Pages
Good Essays -
The author begins her main argument with a brief history lesson, informing readers the events that have shaped our system today. Serrano v. Priest determined that using district property tax revenues as the primary source of funding for schools was unconstitutional, noting: “this disparity in available resources per student was deemed inequitable, and therefore, unconstitutional.” Lefkowits also denotes San Antonio Independent School District v. Rodriguez, in which the Supreme Court ruled that education and school taxation are state matters.…
- 922 Words
- 3 Pages
Good Essays -
On April 26, 1983, Matthew Fraser gave a speech nominating another student for an elected position. The speech was given to about 600 fourteen year olds that chose to attend this assembly. The speech contained sexual innuendo. Before giving the speech Fraser received advise from several teachers that he should change the speech or not give one at all. But he refused to take their advice (2). The next day, he was called in to an administrative office and was suspended for three days and was told he would not be able to give his speech during graduation even though he was at the time the salutatorian. The family of Fraser filed a grievance with the Pierce County school board, but the officer upheld the suspension. In response, to that decision Matthew’s father filed a case against the school district. The District Court ruled that the student’s First Amendment right was infringed upon. The students was awarded a monetary judgment and allowed to give his graduation speech. Later, the Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court (4). Later, the US Supreme Court reversed the Court of Appeals in a 7-2 vote to reinstate the suspension, saying that the school district's policy did not violate the First Amendment (3).…
- 663 Words
- 3 Pages
Good Essays -
In the Santa Fe Independent School District v. Jane Doe case they address the idea of prayer in school, specifically prayer before a sporting event. On June 19, 2000 the U.S. Supreme Court, ruled (6–3) that the Texas school policy that permitted “student-led, student-initiated prayer” before varsity high-school football games was a violation of the First Amendment's.…
- 57 Words
- 1 Page
Satisfactory Essays -
At the age of 13 the White family was not ready for the ignorance hatred and fear that he would encounter from the residents of Kokomo, Indiana. Ryan wanted to live a normal life just like his peers that included going to public school. Due to their lack of education and awareness The School district of Kokomo voted to have Ryan stay at home fearing that through casual contact he would spread the virus. In 1985 Ryan’s mom files a lawsuit against school authorities for banning her son from Indiana public schools. In that same year White’s parents filed a lawsuit against the school authorities in 1985 and an Indiana Department of Education officer ruled that the school must follow the Indiana Board of Health guidelines and that White must be…
- 215 Words
- 1 Page
Good Essays -
To understand the litigation hold notice received from the Department of Education, refer to the document titled “Project: Litigation Hold Notice”…
- 588 Words
- 3 Pages
Good Essays -
There are many different variables and angles which you can take. I agree with the ruling for a number of reasons, however, I also feel that the parents were not fully cooperating like they could have to achieve the best results possible. In the one article I read it actually addresses how many could “think” that the school district is the victim, but in all actuality if you read the full court transcripts you will see that is simply not the case. The article was written by the Deal 's attorney so it is biased, but it makes some very good points. I am not quite sure how to draw the line in how much should be expected from the school system and at what point a family is demanding too much. Obviously I am not the only one who thinks this is confusing or there would be more concrete federal laws. On one hand I feel that the most important thing to keep in mind is parental rights. Who else is going to fight for a child like their own parents? If parents are denied proper notification, proper time to plan to attend the meeting, supply the materials in the…
- 1272 Words
- 6 Pages
Good Essays -
The landmark Sheff v. O’Neill Connecticut Supreme Court decision will have a dramatic effect on the state of education in the great state of Connecticut. The de-facto segregation of Connecticut public schools over several years has been a troubling trend that has ultimately led to the decision reached by the court. The low performance of schools in the Hartford area has been a concern of many parents and educators. A child’s education is the most valuable tool a child can receive to prepare themselves for the world. The people of Connecticut must recognize the impact that failing schools can have on the entire state. The people in the Connecticut General Assembly and yourself must act to ensure each child has a chance at fulfilling their God given talents. However, I do not believe the Connecticut Supreme Court was correct in saying that it is the…
- 932 Words
- 4 Pages
Good Essays -
In her skillfully written narrative, Eaton delves into the complex reasons hindering equal access to a quality education for the nation's children, a problem with a long and messy history. Beginning with Brown v. Board of Education in 1954, the U.S. courts were, for a few decades at least, a place where civil rights made noteworthy gains. But in many places the attempts at desegregation were never really established, and by the '80s, what had been accomplished was quickly being lost. The reasons for today's education faults are, for many, almost undetectable. The author presents a fascinating group of kids from an inner-city school in Hartford, Connecticut, who struggle to learn in a characteristically disheartened and under-funded urban public school.…
- 576 Words
- 3 Pages
Good Essays -
Scoville v. Board of Education of Joliet Township High School District 204, 425 F.2d 10 (7th Cir. 1970)…
- 1277 Words
- 6 Pages
Satisfactory Essays -
A child with disabilities is a major focus in today’s education. Achieving my Bachelors in Special Education, I need to be aware of the need to ensure appropriate education for all children with disabilities. “The education of children with disabilities is a top national priority. Our nation’s special education law, the Individuals with Disabilities Education Act (IDEA), sets high standards for their achievement and guides how special help and services are made available in schools to address their individual needs (National Dissemination)”. This is my biggest challenge. I feel with the right tools and help with administration; my job will guarantee a bright future for my students with disabilities. I came across a case, Irving Independent School District v. Amber Tatro. The findings of this case gave me some insight on the statues and limitations that I as an educator have to abide by. But it also gave me hope that we the educators have the right to make such access meaningful to handicapped children.…
- 807 Words
- 4 Pages
Good Essays -
Cited: Gammage, Jeff and Burling, Stacey. “Laws Limit Schools Even After Alarms.” Writing and Reading Across the Curriculum. Eds. Laurence Behrens and Leonard Rosen. 4th ed. Boston: Longman, 2011. 69. Print.…
- 1424 Words
- 6 Pages
Better Essays -
Families did not need an act of the legislature to prove that. This measure was necessary only because one agency, the Department of Public Instruction, refused to accept the obvious. In fact, they asked the governor to veto the diploma measure. “…
- 567 Words
- 3 Pages
Good Essays -
V Education. This was a case in which the court ruled state laws making separate…
- 463 Words
- 1 Page
Good Essays -
Elk Grove Unified School District et al. v. Newdow et al. 542 U.S. 1 (2004)…
- 1101 Words
- 5 Pages
Good Essays