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P.O. Box 909 ● Trenton, NJ 08605-0909 ● Phone: 609.695.7600 ● Fax: 609.695.0413 ● Web: www.njsba.org/PI |
NEWS RELEASE CONTACT: Frank Belluscio (fbelluscio@njsba.org) FOR IMMEDIATE RELEASE Court Upholds School's Ban of Hostile Dad TRENTON, July 25, 2007 - The federal District Court of New Jersey recently dismissed a father's lawsuit against his child's school district for banning him from school property. In Cunningham v. Lenape Regional High School District Board of Education, the school banned the father from district property because he threatened coaching staff and directed obscenities toward staff members. The board later modified the ban to allow the parent to attend his son's wrestling matches—although he was required to leave immediately at the end of the match and was not allowed to communicate with coaches or wrestlers during the match. The ban, the father alleged, violated his "right to enjoy the benefits of being a parent of a student," interfered with his "ability to speak to school officials or otherwise act in matters concerning his son;" and effectively denied "his rights to speak freely and petition his government for redress." The court's June 25 decision determined that the district did not violate the parent's rights because school officials are "well within constitutional bounds in limiting access to school property where it is necessary to maintain tranquility." The court recognized that parents do have a right to be involved in their child's education, and the restraint of this right should not be taken lightly. However, the court said school safety must be the primary concern when considering access to school grounds. The limited access that the school offered the father was reasonable, the court ruled. In these times of documented school violence, the court ruled, it is clear that no one, including a parent, could have unrestrained access to schools and school personnel. The court concluded by saying, "The law is clear: a school need not wait to act until perceived threats become actual harm." ****** The New Jersey School Boards Association, a federation of district boards of education, advocates the interests of school districts, trains local school board members, and provides resources for the advancement of public education. |
