Parents Can Sue School Officials Under Discrimination Laws by Pamela Darr Wright, MA, MSW & Peter W. D. Wright, Esq.

Supreme Court Issues Unanimous Decision in Fitzgerald v. Barnstable: Parents Can Sue School Officials Under Discrimination Laws by Pamela Darr Wright, MA, MSW & Peter W. D. Wright, Esq.1

A kindergarten girl, Jacqueline, was sexually harassed by a third-grade boy while riding the school bus. The child's parents brought this to the attention of school administrators immediately. The principal offered to transfer the child to another bus. Her parents asked the school to put a monitor on the bus or transfer the boy to another bus. When the school did not accept these alternatives, the parents drove their daughter to school for the rest of the year.

The police concluded there was insufficient evidence to bring criminal charges against the boy. The principal concluded there was insufficient evidence to warrant discipline.
Jacqueline continued to describe disturbing interactions with the boy for the remainder of the school year. Ultimately, she began missing school. Claiming that school officials did not make adequate efforts to protect their daughter, Jacqueline's parents filed suit in federal district court against the school's governing body, Barnstable School Committee, and the superintendent. Their complaint included a claim for violating Title IX of the Education Act Amendments and claims under 42 U.S.C. Section 1983. Claims Under Title IX and Section 1983 Claiming that school officials did not make adequate efforts to protect their daughter, Jacqueline's parents filed suit in federal district court against the school's governing body, Barnstable School Committee, and the superintendent. They alleged that the sexual harassment violated Title IX of the Education Act Amendments. The suit also alleged a violation of 42 USC 1983 which states that: "Every person who, under color of any (federal or state) statute, ordinance, regulation, custom, or usage . . . subjects (someone to be deprived) of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured ... "

If a statute, such as the Individuals with Disabilities Education Act (20 USC 1400) provides a clear remedy for statutory violations, then the ability to sue under IDEA precludes an ability to sue using Section 1983.

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This is all so DISTURBING!!!!!!! A 3rd GRADER on the bus acting out of line with a little Kindergartner and THE SCHOOL offers to move the little girl to another bus and NOT do THE RIGHT THING?!! What are our PUBLIC SCHOOLS coming to? GOOD FAMILIES and our innocent children are the victims more and more today!!! WE ALL HAVE TO continue to make our schools ACTIONS & ADMINISTRATORS ACCOUNTABLE...our Children's lives & eductaions are at stake here! Thank you 'parents' of this little girl for paving the way for the rest of us!