Tag: settle

  • Small District to Pay $7.5 Million to Settle Lawsuit Over Sexual Abuse Decades Ago – The 74

    Small District to Pay $7.5 Million to Settle Lawsuit Over Sexual Abuse Decades Ago – The 74


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    On the eve of what was expected to be a long and gut-wrenching trial, a small school district in Santa Barbara County has settled a sexual abuse lawsuit for $7.5 million with two brothers, now 65 and 68 years old, who claimed a long-dead principal molested them in the 1970s.  

    The brothers had sought $35 million for the harm they said they suffered, an attorney for the youngest brother said.

    The settlement equals about 40% of the 350-student district’s 2025-26 budget, although the district did not disclose the terms and timetable for the payment. The district’s superintendent acknowledged in a statement that there would be an impact on the budget. 

    Board members of the Montecito Union School District announced the settlement over the weekend. The trial was scheduled to start Monday.

    The case was brought under a 2019 state law, Assembly Bill 218, that removed a statute of limitations for filing claims that employees of public agencies, including school districts and city and county governments, sexually abused children placed in their care.

    Estimates suggest settlements and jury awards could cost California school districts as much as $3 billion by one projection, and possibly a lot more. Los Angeles County alone has agreed to pay $4 billion to settle abuse claims with more pending, mostly involving plaintiffs who were once in foster care.

    With many larger lawsuits with multiple victims yet to be settled or go to trial, the financial impacts are hard to predict. Small districts are worried that multimillion-dollar verdicts could devastate budgets, if not lead to insolvency. Insurance costs, meanwhile, have soared by more than 200% in five years, according to a survey of districts.

    In the Montecito case, the brothers were seeking $35 million in damages combined, John Richards, a lawyer representing one of them, said outside of court Monday.

    Montecito is not alone in facing decades-old accusations. The San Francisco Unified School District is embroiled in an ongoing suit involving a teacher who allegedly molested a student in the mid-1960s, records show.

    School boards association helps with legal fees

    The Montecito case drew the attention of the California School Boards Association, which gave the district a $50,000 grant to help with legal costs, said spokesman Troy Flint.

    Flint said Montecito Union Superintendent Anthony Ranii has “been a staunch advocate for AB 218 reform because he understands how this well-intentioned law carries such significant unintended consequences that compromise the educational experience of current and future students.”

    Montecito Union “is just one example of what potentially awaits school districts and county offices of education statewide,” Flint added.

    The settlement came just weeks after state Assembly members let a measure that would have restored a statute of limitations to such cases, Senate Bill 577, go without a vote in the final days of the legislative session. Its sponsor, Sen. John Laird, D-Santa Cruz, said he would bring it back next year.

    At a brief hearing Monday, Santa Barbara County Superior Court Judge Thomas P. Anderle called the Montecito matter “a case of real consequence.” He had scheduled 17 days for trial, court records show. The district’s lawyers did not attend the hearing.

    The brothers’ lawsuit was filed in 2022 and alleged that Montecito Union’s former superintendent and principal, Stanford Kerr, molested them in the early 1970s, including raping one of them. Kerr died in 2013 at 89. He never faced criminal charges.

    A third plaintiff who also claimed Kerr abused him settled earlier with the district for $1 million. He had described a full range of abuse covering many types of conduct, which included rape, court filings state.

    Just recompense for years of suffering

    The brothers, identified in court documents as John Doe 1 and John Doe 2, pushed forward, Richards said, hoping to be compensated for years of agony. The younger of the two, Richards said, has suffered a lifetime of substance abuse, which is blamed on Kerr’s assaults. 

    “The money is nice,” Richards said, but the younger brother also seeks “social acknowledgment that what happened to (him) was terrible. He has a long way to go,” in recovering.

    The district admitted no liability in making the settlement.

    Montecito Union has no insurance coverage going back to the period the brothers said the abuse occurred — 1972 to 1978, Ranii said in a statement.

    “We were prepared to mount a vigorous defense,” he said. But the possibility of a jury awarding far more than the district could afford pushed the idea of a settlement after years of pretrial maneuvering.

    The superintendent’s statement did not directly address the brothers’ claims. It also did not mention Kerr.

    “We are deeply mindful of the enduring pain caused by sexual abuse and feel for any person who has experienced such abuse,” Ranii said in the statement.

    A large award in the event of a trial would have “diminished our ability to serve students now and well into the future,” Ranii said. “Continued litigation created exceptional financial vulnerability. Settling now allows us to stabilize operations and remain focused on today’s students.”

    Montecito is an unincorporated oceanfront community just south of Santa Barbara in the shadows of the Santa Ynez Mountains. Its residents include Oprah Winfrey and Prince Harry and Meghan Markle. The district is one of the state’s richest, with more than $40,000 per student in funding due to tax receipts from high-value properties. 

    The district will manage the costs through a hiring freeze, staff reductions “when natural attrition occurs,” and redirecting “funds previously designated for capital repair,” Ranii said. The settlement allows the district to avoid layoffs, he said.

    The brothers’ case was built around the testimony they would have given about Kerr’s abuses, Richards said. There was no physical evidence. At one point, a district employee went to the brothers’ home and forced their parents to sign a document requiring them to make sure the boys came right home after school and avoided Kerr, according to court filings.

    Richards said the district did not produce such a document in discovery. It had no records that the boys ever attended the school, he said, although their photos appear in yearbooks. The district also had no records that Kerr ever faced accusations of abuse or sexual misconduct.

    Two school board members from Kerr’s time as superintendent said in depositions taken for the brothers’ suit that they would have taken action had they known he was abusing students, Richards said. But with the case settled, the elderly former members won’t be called to testify.

    All that remains is a final hearing that the judge scheduled for Nov. 19 to make sure the payment has been received “and that the check’s been cashed,” he said.

    Editor-at-Large John Festerwald contributed to this story.

    This story was originally published by EdSource. Sign up for their daily newsletter.


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  • Indianapolis Public Schools to Transfer Two Closed School Buildings to Settle Legal Battle – The 74

    Indianapolis Public Schools to Transfer Two Closed School Buildings to Settle Legal Battle – The 74


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    Indianapolis Public Schools will put one closed school building up for lease or sale to charter schools for $1 and will sell another to a local nonprofit, the district announced Friday.

    The transfer of the buildings that used to house Raymond Brandes School 65 and Francis Bellamy School 102 stems from an Indiana Court of Appeals ruling in a lengthy battle over the state’s so-called $1 law, which requires districts to transfer unused school buildings to charter schools for the sale or lease price of $1. The court ruled in May that IPS must sell School 65.

    The announcement also comes as the Indianapolis Local Education Alliance ponders how to solve facility challenges for both IPS, which continues to lose students in its traditional schools every year, and charters, which frequently struggle to acquire school buildings.

    The district said in a statement that Damar Charter Academy, a school for students with developmental and behavioral challenges in Decatur Township, had reached out to IPS to express interest in School 65 — which is located on the southeast side of IPS. The district does not have the power to pick which charter school it will sell a building to — if more than one charter school is interested, state law requires a committee to decide.

    On Monday, Damar confirmed to Chalkbeat that it is interested in School 65.

    In the statement, the district said it would prefer to “move forward with disposition” of School 65 through a collaborative community process.

    “But, we respect the court’s decision and will proceed in full compliance with that order,” IPS Superintendent Aleesia Johnson said. “If the building is claimed by a charter school, we think Damar has a strong record of serving some of the most vulnerable and underserved students in our city and I have confidence that acquiring Raymond Brandes will allow them to expand their operations to serve even more students.”

    Meanwhile, the district will sell School 102 to Voices, a nonprofit that works with youth, for $550,000. The district had already leased the school on the Far Eastside to Voices, which also shares the space with two other youth programs.

    “Indianapolis Public Schools is committed to continuing to engage with our community on thoughtful re-use of our facilities and to being good stewards of our public assets,” Johnson said in a statement. “We are excited to move forward with our planned sale of the Francis Bellamy 102 building to VOICES and to see their impact in serving our community continue for many years into the future.”

    This story was originally published on Chalkbeat. Chalkbeat is a nonprofit news site covering educational change in public schools.


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  • Johns Hopkins, Caltech settle in antitrust lawsuit

    Johns Hopkins, Caltech settle in antitrust lawsuit

    Johns Hopkins University and the California Institute of Technology agreed to settle in a federal antitrust lawsuit that alleges 17 wealthy institutions, known as the 568 Presidents Group, illegally colluded on financial aid formulas and overcharged students for years.

    Late Friday, JHU settled for $18.5 million and Caltech for $16.7 million, according to court filings. Both were more recent additions to the group, which was established in 1998. Johns Hopkins joined in November 2021, and Caltech in 2019.

    The class action lawsuit was filed in January 2022 and initially implicated Caltech along with Brown, Columbia, Cornell, Duke, Emory, Georgetown, Northwestern, Rice, Vanderbilt and Yale Universities; Dartmouth College; the Massachusetts Institute of Technology; and the Universities of Chicago, Notre Dame and Pennsylvania.

    Johns Hopkins was added to the lawsuit in March 2022.

    After Friday’s court filing, 12 of the 17 institutions have settled. Altogether the settlement amounts add up to nearly $320 million. Vanderbilt had the largest settlement: $55 million.

    The five remaining defendants in the lawsuit—Cornell, Georgetown, MIT, Notre Dame and Penn—have denied wrongdoing and continue to fight the antitrust case in court. The 568 Presidents Group name is a reference to a carve-out in federal law that allowed member institutions to discuss financial aid formulas with immunity from federal antitrust laws due to their need-blind status. Congress created that exemption following a 1991 price-fixing scandal that involved all eight Ivy League universities and MIT.

    The legislative carve-out expired in 2022, and the group subsequently dissolved.

    However, plaintiffs have argued that defendants did consider financial circumstances and made decisions based on family wealth and donation history or capacity, often admitting students on “special interest lists” with substandard transcripts compared to the rest of accepted classes.

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