June 2019

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Portable classroom can cause problems for some students

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School often struggle to balance the needs of their students with the restraints of budgets and other resources. Some accomplish this and deliver everything required of them and more; others can’t seem to make this happen. 

The latter situation can be frustrating for any parent. However, it can be especially upsetting for parents of children with special needs. These parents often already need to fight for the education and services their children require; adding in the impact of strained resources can make matters worse.

For instance, students with special needs in one district in another state are reportedly struggling with the schools’ decisions to place them in portable classrooms. 

Portable classrooms provide temporary solutions for space problems at a school. These units should be built properly and safe, and they should solve more issues than they cause.

Unfortunately, that isn’t always the case, as the one district is learning. According to reports, parents have made several complaints regarding the use of portables and students with special needs. They argue that the temporary structures:

  • Have thin walls and windows, which are significant distractions for students who already struggle with paying attention
  • Are far away from the rest of the school, making kids feel isolated
  • Are very noisy
  • Have poor ventilation, exacerbating dust and formaldehyde concentration issues
  • Are too crowded
  • Lack natural light

Each of these conditions has the potential to disrupt a student’s learning experience; in some cases, it can set them back considerably. As such, parents are demanding the schools remedy the situation, which is made worse by the fact that the district decided to construct new pools instead of building more classrooms.

In similar situations where a district or school has failed to provide an appropriate education for students with special needs, parents can examine their legal options. 

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Teacher faces criminal education allegations in Florida

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When you teach in Florida or elsewhere in the country, your main concern has to be for the welfare of the children in your classes. Even when lines start to be crossed, it’s something you can’t allow to happen. When you are negligent or take part in misconduct, you can face career-related consequences. Take for instance this Christian biology teacher who has been caught with a 14-year-old female student. He was allegedly partially undressed when the two were discovered in his vehicle, and now he may face serious consequences for the allegations against him, although he has not yet been found guilty of the crimes.

According to the report from April 4, the 24-year-old teacher was arrested when police officers caught him with a 14-year-old student in his car. He was allegedly having sex with the girl in his vehicle. The 24-year-old man and the 14-year-old student admitted to having oral sex with each other.

When he was questioned, the man allegedly told officers that he started a sexual relationship with the student on Valentine’s Day. The girl was only a ninth-grader at the Zion Lutheran Christian School. The teacher allegedly admitted to kissing the student during lunch breaks, and police reported finding obscene pictures he had sent the girl on her phone.

The teacher faces a number of serious allegations now, including nine charges of sexual battery by a custodian on a minor. He will also face two charges of sending obscene material to a minor, according to the news. The school has not taken these allegations lightly; the man is now on unpaid administrative leave, despite though the teacher hasn’t been convicted of any crime. The teacher has been released from jail, however, after posting a $92,000 bond for his release.

On the other hand, as bad as it may sound in this context, it’s important to remember that just because someone is arrested for a crime does not mean he or she is automatically guilty. Defendants have rights, no matter what charges they may be facing. Experienced Florida attorneys protect those rights, including the right to a fair and unbiased trial.

Source: New York Daily News, “Christian biology teacher busted half-naked with 14-year-old female student in Florida” Lee Moran, Apr. 04, 2014

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‘Unreasonable, aggressive and invasive’ police school search brings lawsuit

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In a series of ongoing posts, our blog has been discussing the degree to which public school students are protected by the Fourth Amendment of the U.S. Constitution in relation to on-site searches.

Interestingly enough, this very issue is now at the center of a lawsuit filed by nine high school students against the sheriff’s department of Sylvester, Georgia, a small town located in the southwestern region of the state. It accuses the department of lacking the authority to have conducted a massive search of the student body this past spring that was “unreasonable, aggressive and invasive” in nature.

According to the complaint, the sheriff, along with 29 deputies, swarmed a county high school back on the morning of April 14, placing it on lock-down from 8 a.m. to 12 p.m. to search for illegal narcotics.

It goes on to describe how the department proceeded to conduct unjustified and highly intrusive pat-downs of the school’s nearly 900 students, despite having a so-called “target list” of 13 students, only three of whom were actually present that day. It also outlines how no drugs were actually discovered.

While the case is still in its infancy — the Sheriff’s Department has yet to file a response — legal experts are already asking whether it could make its way to the Supreme Court of the United States given the emergence of certain threats and the increasing presence of law enforcement on school grounds.

Furthermore, they indicate that one critical question that will need to be answered going forward is whether the large-scale search was sanctioned by school administrators.

Stay tuned for updates on this important case …

Consider speaking with an experienced legal professional who can fight to protect your child’s rights if he or she has been suspended or expelled under questionable circumstances.

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Florida schools and the zero-tolerance policy

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When your child goes to school, it’s important that he or she is protected and feels safe. It’s Florida’s law that your child has to be protected by the district and that you and your child retain certain rights in regards to his or her education. For instance, if your child gets into trouble, you’re allowed to have a review of what happened and are allowed to be given information on what happened along with the penalties.

Florida has a policy of zero tolerance for crime and victimization in schools. Schools are supposed to be safe learning environments where children can go to learn without fearing their peers or teachers. It is the law that each district has to adopt a policy of zero tolerance.

What should that policy indicate?

The policy should define which kinds of acts pose a serious threat to school safety, define petty acts of misconduct, and define the criteria for reporting to a law enforcement agency when necessary.

What should schools do to prevent victimization?

The school also needs to determine ways to minimize victimization of staff members, students and volunteers. This includes detailed information on how to protect victims of violent crimes from further trouble in the school district.

What if a parent or student doesn’t agree with a penalty?

The district should come up with a way for students to request a review about disciplinary actions that have been imposed upon them. If a student is found to have brought a firearm or weapon to school or to have made a threat or false report, Florida law requires that the student is expelled with or without continuing educational services. The penalty should last at least one regular school year and require that the youth be referred to the juvenile justice system. If your child is accused of that behavior, then it’s possible to request more information on what happened and to review the situation with the school with your attorney present.

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Prayer in schools: When it is and isn’t allowed

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Prayer in public school is an issue for many reasons. Some parents want their children to participate in prayer, while others believe that it shouldn’t be performed in public schools at all. It’s a divisive issue in many areas of the country.

Under federal law, prayer is allowed in schools as long as it doesn’t alienate a group of students. For instance, if the class is willing to participate, there shouldn’t be a problem with it. However, if there are two religions and only one is being represented, that could be viewed as alienation.

Public schools, according to the First Amendment’s Establishment Clause, are prohibited from encouraging students to practice religion as well as from restricting them from practicing religion. Basically, the school must allow students to do as they please in their own personal lives. Because of this clause in the First Amendment, many schools ban prayers at school. Others offer prayer circles and times for prayer that are separated from class, so students can choose to participate if they want to.

Public schools have been banned from prayer and other religious practices for many years. However, students who want to participate in voluntary prayer or religious activities are allowed and should be allowed to do so. Instead of prayer, some schools hold moments of silence, which allows students who want to pray the chance to do so while others can do as they wish during that time.

CONTACT US IMMEDIATELY IF YOU FEEL YOUR RIGHTS ARE BEING VIOLATED

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Steve Rossi speaks at AASPA’s 77th Annual Conference

AASPA 2015 Annual Conference

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Teachers Facing School Or Department of Education Investigation Or Sanctions Have Rights

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False accusations can not only damage your career and reputation, but can also result in the loss of your job, your teaching certificate and the possibility of incarceration. When facing one or more of these potential consequences, an experienced attorney can help.

The Law Offices of Steve Rossi P.A. represents Florida teachers who risk losing their teaching certificates for any number of reasons, including:

  • School and department of education investigations
  • Pre-disciplinary conferences and hearings
  • Investigative statements
  • Professional standards committee hearings
  • School board hearings
  • Education practices commissions hearings
  • Election of rights representation
  • Self-reporting issues
  • Settlement negotiations
  • Civil hearings
  • Administrative hearings
  • Criminal hearings
  • Division of administrative hearing matters
  • Trials

Steve Rossi is a former legal counsel for the second largest teacher’s union in the state and the sixth largest in the country. He is a former FBI agent and prosecutor, as well as a board-certified criminal trial lawyer. He has been an attorney for over 25 years. Attorney Steve Rossi understands what is at stake and will fight for your right to an appeal of your teacher suspension or the revocation of your teaching certificate.

Your Rights Vs. A Certification Investigation

When a certification investigation is conducted, it involves a lengthy process with various stages. All of these have a potential negative impact on your career and your future.

An investigation can damage your relationship with your students and their parents, with the school and with the school district, and it may result in a permanent black mark on your record. If criminal charges are brought against you, they will add another layer to the already difficult and frustrating process.

Steve Rossi will represent you through all of these stages. He uses his extensive trial experience and knowledge of school district policies all over the state to find the best possible solution to your situation. His skill as a criminal defense lawyer will protect your rights and your freedom if your case involves criminal charges.

Contact Us To Schedule Your Free Initial Consultation Regarding The Suspension Or Revocation Of Your Teaching Certification

Call our main office in Fort Lauderdale at 1-888-447-0568 or send us an email to schedule an appointment or phone conference. We offer representation throughout the State of Florida.

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Could summer break be causing more problems for some students?

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Summertime is a time for kids to relax and have fun. However, parents also want their kids to be active, stay engaged and continue learning new things, even when they aren’t in a classroom. After all, the learning process shouldn’t have to stop just because there is a break from school.

Unfortunately, that is exactly what is happening, according to recent studies. As noted in this article from U.S. News and World Report, summer break in the United States could be contributing to a loss of knowledge that sets our children back academically.

The summer learning loss

Studies show that students can lose the equivalent of one month of learning per year as a result of our especially lengthy summer breaks. This loss of learning particularly affects children who already struggle to keep up in school, including students with special needs and low-income students who do not have access to additional educational resources.

Year after year, this knowledge loss adds up and if teachers don’t re-teach lessons from the previous year’s curriculum, students can fall behind before the school year even ramps up.

In some cases, this loss of learning can create or exacerbate behavioral problems; it can also set students back in their learning and result in the need for more assistance.

What can parents do to help their child?

To counteract or minimize the negative impact that long summer breaks can have on students, parents can help them stay engaged in educational opportunities. This can include:

  • Summer camps
  • Reading programs
  • Trips to museums, theaters and nature centers
  • At-home projects that utilize math, reading or reasoning skills
  • Neighborhood play groups 
  • Summertime school activities

These and other opportunities can help reduce the adverse impact that summer can have on students’ learning.

Unfortunately, many children face academic setbacks and struggles, regardless of the activities in which they participate during the summer. In these situations, it is crucial for parents to examine the options and resources available to their child once they do return to school. With appropriate attention and tools, students across Florida can receive the education they deserve.

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Broward among lowest in per-pupil spending. What will ESSA do? | The Law Offices of Steve Rossi P.A.

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An Education Week analysis of 2013 federal data, adjusted regionally for cost of living, found that Broward County spends $7,734 per student, which is in the bottom third of per-pupil spending nationwide. Is that bad?

Consider that 80 U.S. districts spend over $40,000 per pupil; most of them have less than 200 students. Is that good?

It’s hard to tell. Are districts with lower per-pupil expenditures spending too little? Are those with high expenditures spending too much? An apples-to-apples comparison has long been difficult to make because there are so many variables in accounting procedures and local conditions.

The Every Student Succeeds Act could change that. It requires the nation’s 99,000 public schools to present their per-pupil and other school spending numbers in a comparable way. The data will be shared in annual report cards for the schools, starting next school year.

“It’s a big shift in how we’ve traditionally seen finance data,” says the director of education data and information systems for the Council of Chief State School Officers. “It’s going to open a window of new conversation across states and districts.”

Until now, the specifics of per-pupil spending have been determined by state finance officials — and they often use different definitions. School lunch and busing costs, for example, have sometimes been counted as district administrative costs and other times as school costs. Expenses shared between schools have been divvied up in different ways.

The new way of accounting for per-pupil, school, and district-wide spending could have political repercussions, too, according to those who have performed similar analyses in the past using forensic audits.

“There are huge inequities in spending between some schools,” says a school finance professor at Georgetown University. “There are some schools that are successful with less money, and there are some that are not. With this information, states and districts can tell school principals, ‘You’re expensive, but you’re lagging compared to your peers.'”

Besides transparency and cost accountability, what does ESSA do?

Education Week put together a good analysis of how ESSA differs from No Child Left Behind, how the new law works, and what the major transition issues will be. Here are some highlights:

When ESSA was signed into law at the end of 2015, it rolled back a large part of the federal government’s big role in education policy. Schools will now have a lot more freedom to decide how to resolve problems. Similar to No Child Left Behind, there are systems in place to hold states accountable for low-performing schools and require useful interventions.

New block grants totaling $1.6 billion will consolidate a number of programs, including education technology, counseling services, physical education and advanced placement courses. The Title I formula remains largely intact, but changes to Title II’s teacher quality formula are expected to benefit rural districts. All schools are still required to maintain their existing funding levels in order to obtain federal funding. Schools receiving more than $30,000 in federal funding will be required to:

  • Spend 20 percent or more of the funding on an activity to help kids become more well-rounded
  • Spend 20 percent or more of the funding on keeping kids safe and healthy
  • Spend part of the funding on technology

Schools will still develop accountability goals and plans, and systems will be in place to make sure those plans are met. Low-performing schools will require intervention.

Standards can, but don’t have to, comply with the Common Core State Standards, and the Secretary of Education is prohibited from encouraging states to choose Common Core or any other standard. Schools are required to choose a challenging curriculum.

And yes, standardized testing will play a big role under ESSA — but not quite as big a role. Proficiency on state tests is one of four factors, and English-language proficiency is another. A third is another academic factor of the state’s choice, such as improvement on state tests. The fourth factor must be quite different, but is still decided by the state’s interests. It might be student or teacher engagement, post-secondary readiness or even school safety.