Ah, lawsuits. They’re the American way, yes? Isn’t that why we have warning labels covering any and all exposed surfaces, objects and situations? Someone manages to win their lawsuit against McDonald’s because it turns out the hot coffee they ordered was really effing hot, so now every to-go cup in the nation has extra ink warning us all that hot fluids are hot and moving through the world with them could lead to spillage down one’s person.

Ridiculous lawsuits piss me off and trigger the same gut reaction I have whenever I hear that George W. guy pretending to be our fearless leader: I wish for a hole or a rock so I can hide and pretend it’s (a) not happening and (b) I’m not an American. However, sometimes a lawsuit is the only way to get the dudes in charge to pay attention and change their ways.

On March 18th the ACLU filed a class-action lawsuit against the School District of Palm Beach County in Florida in order to convince them that their graduation rates blow and improvements need to be made. Suing the school district is an interesting tactic. As I clearly stated above, I’m not a big fan of lawsuits. But I actually kind of like this one. Maybe school districts will be able to beg the politicians for more funding if there’s suddenly an outbreak of lawsuits.

From the CS Monitor article:

In a class-action lawsuit, the American Civil Liberties Union is demanding that the district boost its graduation rates and reduce the gaps in those rates between racial and socioeconomic groups. The lawsuit is the first in the United States to make such demands of a school district, the ACLU and other sources say.

Lawyers from the national ACLU and its Florida chapter filed the suit in state court on March 18. Specifically, the ACLU is asking the court to require the district to improve its graduation rates by a certain percentage each year – overall and for subgroups. It also wants the court to determine a more accurate way of calculating graduation rates – a complex issue nationwide.

For educators and education experts, the case raises some controversial questions: What is an acceptable rate of graduation? And who should be held responsible when schools miss the mark – schools, students, society?

“If the ACLU is successful, this is going to shake everything up, because it will be a whole different set of expectations about who is supposed to solve the problems,” says Paul Houston, executive director of the American Association of School Administrators in Arlington, Va.

Under the state-required reporting system, the graduation rate in the Palm Beach County District last year was 71.4 percent. The suit claims that other methods of calculation would yield an even lower rate. But either way, it argues, the success level is inadequate. It also notes that in Palm Beach County, the state-reported rate for whites was 29 percentage points higher than that of African-Americans and 20 points higher than that of Hispanics.

Some observers say they’d be surprised to see the case go far unless the state is also brought in as a defendant, because the state determines so much education policy and funding. To others, the suit skirts over the role of individuals, families, and society in ensuring that students qualify for a diploma.

The plaintiffs argue there’s more the district can be doing. “The graduation rates in Palm Beach County are shamefully low,” says Vanita Gupta, an ACLU staff attorney in New York. The district needs to “live up to its constitutional obligations [in Florida] to provide a uniform, efficient, safe, secure, and high-quality education.”

Further Reading About the Educational Stuff:

Dismal High School Graduation Rates Violate Florida Constitution, Says ACLU Lawsuit
American Civil Liberties Union Sues Over “Shamefully” Low Graduation Rates
A Lawsuit Over Florida’s Low High School Graduation Rates
ACLU Sues Palm Beach County School District Over Poor Graduation Rates

Further Reading About Frivolous Lawsuits:

Re-printed Wall Street Journal Article
The Stella Awards

Posted by Alexa Harrington