Student Sues School for Alleged Racial Discrimination
by
Joseph C. Maya on Apr. 26, 2017
Other Education Civil & Human Rights Discrimination Civil & Human Rights Constitutional Law
Summary: Blog post about a student who sued her school and district on grounds of racial discrimination.
If you have a question or concern about special education law, school administration, federal standards, or the overall rights of a student, please feel free to call the expert education law attorneys at Maya Murphy, P.C. in Westport today at (203) 221-3100 .
In the case of McPhail v. City of Milford, a mother on behalf of her daughter sued the city of Milford and its board of education for alleged discrimination against her. The woman’s cause of action is based primarily on Connecticut General Statute § 46a-64, which prohibits and penalizes discriminatory practice in any place of public accommodation based on race, color, ancestry, sex, marital status, ages and more. The city and board of education moved to strike, or remove, this claim, because the statute did not entitle the woman to a private cause of action. Generally, a motion to strike contests the legal sufficiency of the opposing party’s complaint.
The mother alleged that the daughter was subject to various discriminatory practice committed by the school board and its associates. Among these allegations, the plaintiff claims that she was subject to discriminatory language, humiliation, suspended numerous times without actual cause, and deprived of the opportunity to attend summer school or another school.
The court granted part of the school board’s request. For the most part, the statute on discrimination does not provide a private cause of action. There are some instances were relief can be granted for injuries resulting from discriminatory conduct. Specifically, the mother’s claim that alleged the school board’s conduct resulted in a failure of the school to provide the plaintiff a free education was not denied by the court. The school attempted to argue that there was no monetary relief to compensate for this injury. The court did not agree. The daughter may be entitled to injunctive or declaratory relief, where the court would provide relief by compelling or restricting the school’s wrongful conduct towards the student.
If you have a child with a disability and have questions about special education law, please contact Joseph C. Maya, Esq., at 203-221-3100, or at JMaya@mayalaw.com, to schedule a free consultation.
Source: McPhail v. City of Milford, 1999 Conn. Super. LEXIS 428 (Conn. Super. Ct Feb. 24, 1999)