Protesting Students Were Not Prevailing Parties, Court Rules

When is an apparent legal victory for protesting students not really a victory? When their lawyers fail to win an award of attorneys' fees.

A federal appeals court has ruled that students who challenged their suspension for walking out of school to join a budget protest were not prevailing parties, even though a federal district judge sympathized with them and suggested he would grant the orders and injunction they sought.

The trouble is, the judge never actually issued the temporary restraining order or injunction, the appeals court said.

The case stems from a 2004 incident in which students walked out of Gorton High School in Yonkers, N.Y., to join a protest at Yonkers City Hall against budget cuts to the school system.

The students had been warned not to walk out of school. And the fact that some of the protesters marched back to school and began chanting "Break Out" to their peers inside the high school seemed to upset school administrators. The protestors were classified as Level IV "violent" rulebreakers under the school's discipline code, and they were suspended for five days.

After two days of the suspension, the students challenged the discipline as a violation of their First Amendment free-speech rights, and they sought court orders to end it. At a hearing the next day, U.S. District Judge Stephen C. Robinson questioned the severity of the punishment and suggested the students had show a likelihood to prevail on their First Amendment claims.

"“So I’m going to grant the temporary restraining order," Judge Robinson said at the hearing, according to court documents. "And preliminary injunction. I will sign it in a few moments.”

But the judge agreed to give the school district more time to respond, and the orders were never signed. The district did not require the students to serve the rest of the remaining three days, but the Level IV suspensions stayed on students' records.

In 2006, after the students had graduated, their lawyers sought attorneys' fees, and Judge Robinson ordered the school district to pay some $10,500 in fees and costs.

The district appealed that decision to the U.S. Court of Appeals for the 2nd Circuit, in New York City. In an April 1 ruling in Garcia v. Yonkers School District, a three-judge panel of the court unanimously reversed the award of attorneys' fees.

The court cited the "ambivalence" of Judge Robinson's statements at the court hearing.

"On the one hand, the District Court thought that the students’ First Amendment claims were meritorious in light of the disproportionate Level IV
punishment imposed ...," the appeals court said. "On the other hand, the District Court also noted that it was appropriate for the school district to punish the students for violating the Code of Conduct and, in fact, that the school district may prevail in opposing the injunction if it could show that a Level IV punishment is the ordinary disciplinary action taken against all students who leave school grounds during school hours."

There is no discussion in the opinion about whether the students' protest succeeded in staving off the school budget cuts that year.

Students take part in 'live' international school design workshop

Three students from Leading Edge High School took part in an international school design workshop today using the Internet for live international links. In a workshop organised by Professor Stephen Heppell, a large group of one hundred students from schools in Kent were spending a day helping design new schools. They are also shooting a video about what NOT to do in new schools and things they would like included.

Kent is the largest education authority in the UK and is embarking on a £1.8 billion rebuild of all its secondary school and the voice of learners is central to that process.

As part of their workshop they questioned students in Tasmania where it was midnight and very cold and followed on by contacting the Cayman Islands where it was 7.00a.m. and hot. Using SKYPE on a MacBook there was an excellent clear video and audio signal for the 25 minute 'live' question and answer session.


The UK students quizzed students Appolina Bent, Kerseanna Ewers and Daniella Borden on many aspects of their school, from the number of students, what classrooms were like, how much outdoor learning they did, the types of computers they used, the range of subjects, what they would change about the layout of their school, through to what the lunch arrangements were (as well as the menus). As the students relaxed they became more confident and chatted happily away to their UK counterparts, who obviously they had never met before.

This was a really successful web conference and really demonstrated the effectiveness and immediacy of real live research using the Internet. The feedback received from the UK after the event was excellent and it is obvious that our students would love to be able to more of this type of project. (GL)

Leading Edge students: Appolina Bent, Kerseanna Ewers and Danielle Borden.

Clifton Hunter Campus - the metal rises from the ground!

Progress is rapid in the development of the new Clifton Hunter Secondary Campus and people are amazed that already metal is rising from the ground!

There is still immense interest from all around the world in the development of these 'cutting edge' designed campuses and real excitement in Cayman from all sectors, students, staff and the community, that they can now see them beginning to be built!

Work will also start on the new John Gray Campus in the next few days - watch this space!

Lighthouse School students graduate with new ASDAN certificates

The four LHS graduates, Andrew Smilley, Rico Codner, Joanna Ebanks and Sarah Terry. This is the first year that graduates wore gowns.

Students at the Lighthouse School graduated yesterday in front of a large appreciative audience. This really was a great event where students really proved again how well they had done with some exceptional performances, both academic, sporting and in the arts. Lighthouse School is a specialist school for students with a range of physical and/or learning challenges.
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A first this year was the awarding of ASDAN certificates for students. This course started this academic year and was one of the first tangible changes of the introduction of the new curriculum where students worked on courses awarding internationally recognised qualifications.
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The graduation was combined with the school prize-giving and musical performances - the whole event really left the audience filled with admiration with the determination and positive attitudes of the students, staff and parents that work so closely together! (GL)

Hon . Minister Alden McLaughlin presenting the ASDAN certificate to student Rico Codner

New Principal at Bodden Town Primary School

The Department of Education Services (DoES) has announced the appointment of Ms Cetonya Cacho as the new Principal at Bodden Town Primary School.

Ms Cacho was previously a teacher and member of the senior team at Red Bay Primary School. During the last academic year she has been undertaking further studies, doing the MBA in Education Management at the University of Southampton in the U.K. We were delighted to learn that she was awarded a distinction for this course, being named as the top student.

There is a continued emphasis and commitment to provide high quality training for able Caymanians as we work to continue to improve the leadership capacity within our education service.

The Ministry would like to congratulate Ms Cacho on her achievements and her appointment to Bodden Town. (GL)

The new Cayman Curriculum presented in San Fransico

The international interest in all aspects of the Cayman Islands education transformation process continues apace. The latest aspect to be shared revolves around the new National Curriculum.

The International Baccalaureate Organisation, North America, will host its 27th Annual Conference in San Francisco for North America and the Caribbean participants. At the conference, the Cayman Islands story concerning the development of the new National Curriculum will be represented by Head of Curriculum Services; Mr. Clive Baker and former Director of the Education Standards and Assessment Unit; Mrs. Helena McVeigh.
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Both Clive and Helena have played a year role in the development of the new National Curriculum and the promotion of the IB PYP Programme in the Cayman Islands, and are ideally suited to deliver their presentation titled The Primary Years Programme as a Framework for National School Improvement.
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The Powerpoint presentation for the session can be found here, and also at the top of the green section on the right labeled "Education innovation links". (GL/MR)

New Secondary Campuses from the air...

The Clifton Hunter Campus showing clear signs of construction

As part of the Ministry determination to record each stage of the development of the new 21st century secondary campuses, ariel photographs of each site were taken from Cayman Helicopters today. Construction has only started so far at the Clifton Hunter site, although work on the John Gray Campus starts imminently. Work on the Beualh Smith Campus will start in a few months time.

Photographs by Gareth Long, Strategic Development Advisor (Education), taken from Cayman Helicopters.

The Beulah Smith Campus being built round the National Cricket Ground. (The Sports complex and pool at are being built at the top of the photograph)
The John Gray Campus, with part of the existing John Gray School buildings, opposite the newly refurbished National Sports stadium.

The new Clifton Hunter Campus rises from the ground...

Dramatic progress is being made by contractors Tom Jones International as the new Clifton Hunter Campus rises high from the ground.

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Many people thought these new campuses would never actually be built, despite the consistent assurances of the Ministry of Education. These photographs demonstrate how much has been done in a short period of time, not just to those interested locally, but also to the many interested educators all around the worlds who are watching these innovative new designs schools with very great interest. (GL)