Justia Education Law Opinion Summaries

Plaintiffs appealed a trial court’s order granting defendants’ motion for summary judgment on their negligence claims. Plaintiffs were Jordan Preavy’s mother, Tracy Stopford, in her individual capacity and as administrator of his estate, and his father, Sean Preavy. They alleged their son tcommitted suicide as a result of being assaulted by some of his teammates on the Milton High School football team, which, according to plaintiffs, the school negligently failed to prevent. On appeal, plaintiffs argued the court did not properly apply the summary judgment standard nor the appropriate duty of care and that it erred when it concluded that plaintiffs failed to prove that the assault was foreseeable and that it was the proximate cause of Jordan’s suicide. Further, plaintiffs argued the court improperly imposed a monetary sanction on their attorney after finding that he engaged in a prohibited ex parte communication with defendants’ expert witness. Finding no reversible error, the Vermont Supreme Court affirmed. View "Stopford v. Milton Town School District" on Justia Law

A group of residents in South Burlington, Vermont presented a petition for a district-wide vote on whether to reinstate "Rebels" as the name for the District's athletic teams after the South Burlington School District decided to change the name. The District refused to include the item in a district-wide vote and residents appealed, alleging that the District violated their rights under the Vermont Constitution and seeking an order compelling the District to include the item on the ballot. The trial court denied the District’s motion to dismiss, concluding that residents presented sufficient facts to support their request. The District then filed this interlocutory appeal. The Vermont Supreme Court concluded that neither the applicable statutes nor the Vermont Constitution compelled the District to put the petitions to a district-wide vote. Therefore, the Court reversed the trial court’s order and remanded for entry of judgment for the District. View "Skiff, Jr. v. South Burlington School District" on Justia Law