By:Lucretia Fernandez , Courier staff

Lawsuits against school districts can cost taxpayers thousands of dollars.
A recent case, that lasted more than three years, cost the Conroe Independent School District more than $100,000. Lawsuits, fees and general legal issues cost the district more than half a million dollars from 2003-06.

"As society has become more and more litigious, school districts and their employees have become a more likely target for litigation than ever before," said Carrie Galatas, Conroe ISD general counsel.

A case involving a grandmother, who claims the CISD did not follow a doctor's order for her granddaughter cost the district $138,239 from 2003-06. The cost does not include $190,000 paid by the district's insurance.

The courts ruled in favor of the district, but the grandmother, Kathleen Thomas, continued to appeal court decisions all the way to the U.S. Supreme Court, which declined to hear it.

"If the people of this county knew how much money is being spent on cases compared to the cost of providing services, I think they would be outraged," Thomas said

Another case, involving a former Oak Ridge High School student and a former Conroe ISD police officer, was settled in November 2006. The lawsuit, in which the girl claimed the district was negligent when CISD Police Officer Don Mauro allegedly molested her, cost the district $250,000 to settle. An additional $100,000 was covered by insurance.
In the 2003-04 school year, Conroe ISD paid $306,245 in legal fees. Of that, $190,744 went toward due process hearing requests for seven students, and $115,501 paid for matters such as personnel issues, public information requests, property issues, an election-related issue, Health Insurance Portability Accountability Act training for employees and a complaint filed with the Office of Special Education Programs.
The total legal fees for the 2004-05 school year totaled $177,127, including $52,806 for due process hearing requests for six students, including many who were the same students from the previous year. Other fees included $104,390 for property issues and four employment related matters.

In 2005-06, the district paid $198,032 in legal fees. Due process hearing requests for five students accounted for $71,587. Investigations, property issues, insurance coverage issues and seven employment issues accounted for $122,354.

"Fortunately, school districts and their employees are immune from liability under state law for negligent acts except as they relate to the use or operation of district owned vehicles or the administration of corporal punishment," Galatas said.

While lawsuits are a way for the public to maintain justice and keep government entities in check, they also cost money. Since government entities are supported with tax dollars, lawsuits cost taxpayers money.
"School districts want to resolve concerns or complaints of patrons in a timely and amicable manner," Galatas said. "However, sometimes people immediately resort to filing a lawsuit, and that costs us all. Not only does the litigation against a district have actual monetary costs, it costs the district in loss of staff time and diverts educators' attention from their mission of teaching students."

However, Thomas believes it's her duty to challenge a decision she disagrees with.

"Those who don't defend their freedom lose it," said Thomas, who pays Conroe ISD taxes. "Fortunately, I could afford to fight, but many parents can't."
Other Montgomery school districts, on average, pay less than half the legal fees Conroe ISD pays. From the 2003-04 school year through the 2005-06 school year, legal fees paid were $219,419 by Willis ISD, $55,599 by New Caney ISD, $75,430 by Splendora ISD and $90,269 by Magnolia ISD. Montgomery ISD spent a total of $129,599 between 2003 and 2006.

Most of the districts' insurance covers up to $1 million. Conroe ISD, the county's largest district, is the only county district with an in-house lawyer.
While other school districts in Montgomery County don't face the number of lawsuits that Conroe ISD does, district officials agree with Galatas that working out problems at the school is best.

The Texas Association of School Boards, which insures many school districts through its Risk Management Fund, concurs.

"We encourage parents to go through the person closest to the problem, that being the teacher or the principal, and work out their concerns at the campus," said Barbara Williams, spokeswoman for TASB. "The $1 they spend on a lawyer theoretically is a dollar that could be spent in the classroom."

For more information about how to resolve an issue, parents and guardians should ask about a school's legal policy.

The U.S. Department of Education also offers information about education laws and student rights through the Office of the General Counsel. For more information about the office, visit http://www.ed.gov/about/offices/list/ogc/index.html or call 202-401-6000.
Lucretia Fernandez can be reached at [email protected]

Conroe ISD costs in Shelby case (not including the recent U.S. Supreme Court case):
* $190,000 paid by insurance from 2003-06
* $138,239 paid by Conroe ISD from 2003-06

Annual Montgomery County school district legal expenses:
District 2003-04 2004-05 2005-06
Conroe ISD 306,245.43 $177,127.82 $198,032.75
Willis ISD $71,242 $45,844 $102,333
NewCaney ISD $14,965 $25,606 $15,028
Splendora ISD $11,253 $35,691 $28,486
Magnolia ISD $33,296 $31,274 $25,699

2003 2004 2005 2006
Montgomery ISD $14,055 $27,086 $53,245 $35,213
* Many districts have up to $1 million in coverage. Conroe ISD is the only county school district with an in-house lawyer.

Number of cases litigated from 2003-06:
Conroe ISD 10
Willis ISD None
New Caney ISD 1
Splendora ISD None
Magnolia ISD None
Montgomery ISD 1