Barrington schools dropping lawsuit against student

Schools also seeking advisory opinion from RIDE Commissioner

By Josh Bickford
Posted 1/31/20

The Barrington School Committee has decided to drop its lawsuit against a local student. 

On Thursday, Jan. 30, the attorneys representing Barrington schools were expected to file a motion to …

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Barrington schools dropping lawsuit against student

Schools also seeking advisory opinion from RIDE Commissioner

Posted

The Barrington School Committee has decided to drop its lawsuit against a local student. 

On Thursday, Jan. 30, the attorneys representing Barrington schools filed a motion to dismiss the Superior Court lawsuit which they had lodged against a former eighth grade student and the state's highest educational authority. 

The lawsuit was appealing two rulings by the Rhode Island Department of Education and the Council on Elementary and Secondary Education, which had stated that in 2018 Barrington school officials had unfairly disciplined the eighth grade student after he participated in a lunchroom conversation with friends about school shootings.

In addition to filing a motion to dismiss the lawsuit, school officials are also filing a request with the RIDE Commissioner for an advisory opinion, in an effort to "to obtain clarification on issues not introduced by either party in the hearing or argument before the commissioner, but which were subsequently raised and then left unclear in the commissioner’s ruling."

A press release issued by Barrington schools stated that while pursuing the case, the Barrington School Committee had never intended to subject the former eighth grade student to public scrutiny or compromise the student's confidentiality or educational welfare. 

"By asking directly for clarification on what has become a challenging and complicated area of education law, the committee hopes to move the discussion away from any focus on the student and toward clarity on how to implement lawful and best practices in future circumstances," stated the release.

Aubrey Lombardo, the attorney representing the local student, said Barrington school officials contacted her on Thursday and said they were seeking to drop the lawsuit. Ms. Lombardo said she spoke with the student's family, which was happy to hear the news. She said the family was looking to move past the longtime dispute. 

Advisory opinion

School officials had contended that the lawsuit was initially filed in an effort to protect its authority to discipline students and ensure a safe school environment. Barrington officials said they believed the RIDE and CESE decisions undermined the safety and welfare of the school community.

In its request for an advisory opinion, the district is asking for the RIDE commissioner to address two concerns:

The first is to reconcile state laws regarding school districts' ability to impose suspensions on students. Officials contend the laws "are in tension with each other."

The second is to provide direction on threat assessment implementation. "The Committee seeks guidance on the standards to use in deciding whether to refer an individual for a threat assessment, and on the related question of whether school districts may lawfully remove a student pending completion of the threat assessment or other measures to ensure the safety of the school community."

"The Committee is taking these joint actions today to ensure that Barrington Public Schools, as well as other school districts throughout the state, properly and lawfully balance the rights of students to a quality education with the rights of all to a safe and secure school environment," stated the release. 

 

"The Committee hopes this Advisory Request leads to thoughtful discussion and to a resolution regarding these very important issues related to school safety."

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