02-25-2006, 11:33 AM
Civil rights verdict on abuse of AS girl festers in district
SCHOOLS PAY FOR ALLEGED MISTREATMENT
By Hugh Biggar
Knight Ridder Newspapers
25th February 2008
Although a federal jury found the Cupertino Union School District liable Feb. 1 for negligence and civil rights violations of a former student, both sides say the case is not resolved.
``We're deciding if we want to file post-trial motions or appeal to a higher court,'' said the district's attorney, Mark Davis. Davis also said there is a possibility for renewed argument about the charge that Paige Gaydos' civil rights were violated when her teacher allegedly physically mistreated her.
Both the attorney and Paige's parents, however, now hope the jury's decision serves as a catalyst for change in the district. As a part of its verdict, the jury also issued a $700,000 award to Paige.
``What I would like to see happen is the district and the school board treat reports of abuse more seriously,'' said Paige's mother, Ann Gaydos. Paige, who is now 12, suffers from a mild form of autism known as Asperger's syndrome.
Along with her husband, Craig, Ann Gaydos sued the district in 2003, alleging Paige, a special-education student, had been physically abused by teacher Karen Miller in 2001 and 2002. As part of that suit, the family said administrators including Superintendent Bill Bragg and the school board ignored reports of the abuse.
``The CUSD has an approach that if it isn't written down, it didn't happen,'' said Andrea Tytell, lawyer for the Gaydos family.
In a post-trial Feb. 7 letter to U.S. District Judge Jeremy Fogel, who presided over the case, Tytell also wrote, ``The defendants must know we are deeply concerned about the lack of legally mandated documents . . . concerns magnified by the fact that the defendants are recipients for federal dollars for special education.''
The district continues to dispute such charges, particularly that the district failed to provide the legally required documentation.
``There is no indication CUSD is not in compliance with state law,'' Davis said, discounting the possibility that a judge could order oversight of the district for a year to ensure it meets state standards. Davis also said a report by Miller on her restraint of Paige was misplaced when Paige left the district.
Jeremy Nishihara, the school district's communications manager -- in response to district staff members' concerns about the effects of the lawsuit -- sent a Feb. 2 e-mail to all staff members outlining the district's position.
``The district does not believe that the evidence found or supported finding of liability against any of the defendants named in the lawsuit,'' he wrote. ``The district feels that the $700,000 award is excessive.''
SCHOOLS PAY FOR ALLEGED MISTREATMENT
By Hugh Biggar
Knight Ridder Newspapers
25th February 2008
Although a federal jury found the Cupertino Union School District liable Feb. 1 for negligence and civil rights violations of a former student, both sides say the case is not resolved.
``We're deciding if we want to file post-trial motions or appeal to a higher court,'' said the district's attorney, Mark Davis. Davis also said there is a possibility for renewed argument about the charge that Paige Gaydos' civil rights were violated when her teacher allegedly physically mistreated her.
Both the attorney and Paige's parents, however, now hope the jury's decision serves as a catalyst for change in the district. As a part of its verdict, the jury also issued a $700,000 award to Paige.
``What I would like to see happen is the district and the school board treat reports of abuse more seriously,'' said Paige's mother, Ann Gaydos. Paige, who is now 12, suffers from a mild form of autism known as Asperger's syndrome.
Along with her husband, Craig, Ann Gaydos sued the district in 2003, alleging Paige, a special-education student, had been physically abused by teacher Karen Miller in 2001 and 2002. As part of that suit, the family said administrators including Superintendent Bill Bragg and the school board ignored reports of the abuse.
``The CUSD has an approach that if it isn't written down, it didn't happen,'' said Andrea Tytell, lawyer for the Gaydos family.
In a post-trial Feb. 7 letter to U.S. District Judge Jeremy Fogel, who presided over the case, Tytell also wrote, ``The defendants must know we are deeply concerned about the lack of legally mandated documents . . . concerns magnified by the fact that the defendants are recipients for federal dollars for special education.''
The district continues to dispute such charges, particularly that the district failed to provide the legally required documentation.
``There is no indication CUSD is not in compliance with state law,'' Davis said, discounting the possibility that a judge could order oversight of the district for a year to ensure it meets state standards. Davis also said a report by Miller on her restraint of Paige was misplaced when Paige left the district.
Jeremy Nishihara, the school district's communications manager -- in response to district staff members' concerns about the effects of the lawsuit -- sent a Feb. 2 e-mail to all staff members outlining the district's position.
``The district does not believe that the evidence found or supported finding of liability against any of the defendants named in the lawsuit,'' he wrote. ``The district feels that the $700,000 award is excessive.''