. Dist. Thom also stated that Charles would receive "appropriate accommodations" the following school year. 60.) . of Educ. Students in New York State take standardized tests in English language arts and mathematics in grades 3-8, science in grades 4 and 8, and high school Regents exams in English, mathematics, science, and social studies. of Skokie Sch. Although the Court has dismissed plaintiffs' Section 296(4) claim, plaintiffs have also asserted a claim that defendants have violated Section 296(7), which prohibits "any person engaged in any activity to which this section applies to retaliate or discriminate against any person because he or she has opposed any practices forbidden under this article. It currently houses a total of 3,583 students in all grades. Best Value Teacher Prep Masters Programs. Curriculum & Instruction. 45, 48.) This school is privately funded, though transportation is provided by the Long Beach City School District for Long Beach residents as per state law. Other Positions. Long Beach Schools Homepage; District Overview; Central Administration; Staff Directories; Employment Opportunities; Connections; School Reopening; 2023-2024 Budget Information; . Defendant Long Beach City School District (the "District") is a public school district organized under the laws of New York State. County of Sacramento v. Lewis, 523 U.S. 833, 843 (1998). 1400, et seq. directly caused the police and the NUMC to detain Charles against his will." First, a court should "begin by identifying pleadings that, because they are no more than conclusions, are not entitled to the assumption of truth." "In determining whether plaintiffs should be subject to the exhaustion requirement, the Second Circuit instructs courts 'to consider whether administrative review would further the goals of developing facts, making use of available expertise, and promoting efficiency.'" Where, as here, plaintiffs have asserted a viable Fourth Amendment claim under Section 1983 "any violation of the plaintiff['s] right to be free of unreasonable searches and seizures can be vindicated through this claim." at 570. Section 296(4) provides, in relevant part: "It shall be an unlawful discriminatory practice for an education corporation or association . Long Beach City School District Jobs and Careers - Teacher.org It is well-settled within this Circuit that "[p]arents have a 'substantive right under the Due Process Clause to remain together [with their children] without the coercive interference of the awesome power of the state.'" 20 U.S.C. The following tables outlines the number of teachers, administrators, and support staff that are employed by Long Beach City School District. The Individuals with Disabilities Education Act, 20 U.S.C. 13, 14.). Council. Also, 48% of students are female, and 52% of students are male. 5. Mar. The mission of the Long Beach Public Schools is to develop inquiring, knowledgeable and enthusiastic students who value and demonstrate critical thinking and problem solving. Source: Bureau of Labor Statistics (BLS) 2013, MSA: Nassau-Suffolk, SOC Codes: 11-9031,11-9032,21-1012,25-4021. ("NYHRL"). "[T]he standard for determining whether another person's circumstances are similar to the plaintiff's must be . (562) 997-1700. Southerland, 2011 WL 2279186 at *9 (quoting Tenenbaum, 193 F.3d at 600). (Compl. Long Beach City College - LBCC 31, 2011) ("A schoolhouse seizure is reasonable when it is justified at its inception and reasonably related to the incident that prompted the seizure in the first place. "Substantive due process protects against government action that is arbitrary, conscience-shocking, or oppressive in a constitutional sense, but not against government action that is 'incorrect or ill-advised.'" 50-57, 62-63.) Thom told Toni Lynn that this was the first time she was told of Charles's condition. 20 U.S.C. What percentage of students were absent 10 percent or more of the days they were enrolled in school? Id. After each allegation of wrongdoing done to Charles, the Complaint simply avers, in wholly conclusory fashion, that "similarly situated" non-disabled students and/or "similarly situated" students whose parents did not complain to the District about its failure to accommodate their disabilities were not subjected to the same mistreatment. . 1515 Hughes Way Plaintiffs' Fourteenth Amendment Substantive Due Process Claim. . "); Pape v. Bd. (Compl. ), As a result of the 911 call, Charles "was immediately taken by ambulance, with police escort, to the mental health department of NUMC, where he was detained against his will and his parents' wishes for 14 days." See id. of Willowbrook v. Olech, 528 U.S. 562, 564 (2000)). See Polera, 288 F.3d at 481 (noting that the IDEA was "previously known" as the EHA). Kuck v. Danaher, 600 F.3d 159, 167 (2d Cir. This salary is 51 percent higher than average and 72 percent higher than median salary in Long Beach City School District. Mem. Id. These claims do not seek relief that is also available under the IDEA and, as such, are not subject to the IDEA exhaustion requirements. J.S., 386 F.3d at 113-14 (collecting cases). 1983. Id. 1996). A second basis for invoking the futility exception is the existence of "systemic violations" of the IDEA that cannot be "remedied by administrative bodies because the framework and procedures for assessing and placing students in appropriate educational programs were at issue, or because the nature and volume of complaints were incapable of correction by the administrative hearing process." [they acted] with the intent of instigating [his] . . The student-to-teacher ratio is lower than the state average, at 10:1. The high school is also located directly on Reynolds Channel, which borders the barrier island of Long Beach to the north. 2d at 160 (dismissing Section 1983 equal protection claim and corresponding claim under the New York State Constitution); Coakley v. Jaffe, 49 F. Supp. Please submit your email to subscribe and stay current with our latest announcements and highlights. It appears undisputed that Charles's 14-day hospitalization at NUMC, allegedly against his will and his parents' wishes, constitutes a "seizure" violative of the Fourth Amendment. are prima facie identical" to Charles's. Long Beach City School District is a highly rated, public school district located in LONG BEACH, NY. . For these reasons, plaintiffs' claims under Article I, 1, 6, 11, and 12 of the Constitution of the State of New York are dismissed. 10396-01 (1985); H.R. Opp'n at 10.) Certainly, a foreseeable consequence of defendants providing the alleged false testimony during the Hearing would be that Charles would remain confined in NUMC. Plaintiffs Christopher ("Christopher") and Toni Lynn ("Toni Lynn") Camac seek recovery, both individually and on behalf of their infant son, Charles Tyler Camac ("Charles"), based upon defendants' alleged violations of Charles's constitutional rights under 42 U.S.C. of Educ. ; see also J.S. at 1.). It is located in the same complex as the Lido Elementary School on Lido Blvd. Here, plaintiffs have not alleged that the District failed to provide services that were specified or clearly stated in Charles's IEP. at 2.) The most meaningful gifts often don't cost money, teachers say. 411 W. Ocean Blvd. 1996)); see also Bonds v. Suffolk Cnty. Search for Public Schools - LONG BEACH HIGH SCHOOL (361773001599) First, in Bell Atlantic Corporation v. Twombly, 550 U.S. 544 (2007), the Court disavowed the well-known statement in Conley v. Gibson, 355 U.S. 41, 45-46 (1957) that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." The adverse retaliatory action allegedly taken by defendants was the involuntary commitment by Charles to the NUMC. 1995); Buffolino v. Bd. Dec. 5, 2006) (same); Peterson v. Tomaselli, 2004 WL 2211651, at *9 (S.D.N.Y. Such claims should be analyzed under the "class of one" equal protection theory. . disability. Employment Opportunities - Long Beach Unified School District ( Id.) Here, the only allegation in the Complaint pertaining to Greenberg is that, at all relevant times, he served as the Superintendent for the District. Moreover, "a defendant in a 1983 action may not be held liable for damages for constitutional violations merely because he held a high position of authority." LONG BEACH CITY SCHOOL DISTRICT | NYSED Data Site This is the Long Beach City School District company profile. Defendants respond that New York Education Law provided plaintiffs with the opportunity to request a hearing based upon any "alleged violation relating to the provision of a free appropriate public education." Id. Staff Resources. See id. of Educ. at 1950. Although identified in the caption as "Audrey Goropeuschek," the allegations in the body of the Complaint refer to "Audrey Gonopeuschek." What percentage of students attended school on the days the school was open? This salary is 85 percent higher than average and 108 percent higher than median salary in Long Beach City School District. As noted above, Charles's claim based upon his removal from the school grounds and subsequent detention at NUMC are properly analyzed under the Fourth Amendment. All four of these schools house grades K-5, totaling 1,789 students. Thus, because Section 1983 is bound by the IDEA's exhaustion requirements, and because the relief sought pursuant to Section 1983 (in the form of a procedural due process claim) is also available under the IDEA, plaintiffs were required to exhaust their administrative remedies prior to commencing this action. Glassdoor gives you an inside look at what it's like to work at Long Beach City School District, including salaries, reviews, office photos, and more. Find more information about ESSA Accountability Designations on our website. Id. Toni Lynn agreed. ( Id. 2008) (dismissing Section 1983 claim against municipality where, as a matter of law, no constitutional violation had been committed by individual defendants). See 20 U.S.C. (Vice President), Anne Conway, Sam Pinto, and Tina Posterli. 1999) ("[T]he conclusion . Key Data. May 16, 2007) (quoting Bd. 22, 2011). Long Beach Public Schools - Bid Opportunities and RFPs - BidNet Direct A plaintiff may allege that his constitutional injuries arose from: "(1) the existence of a formal policy officially endorsed by the municipality; (2) actions taken or decisions made by municipal officials with final decision making authority, which caused the alleged violation of plaintiff's civil rights; (3) a practice so persistent and widespread that it constitutes a custom of which constructive knowledge can be implied on the part of the policymaking officials; or (4) a failure by policymakers to properly train or supervise their subordinates, amounting to 'deliberate indifference' to the rights of those who come in contact with the municipal employees." ( See Reply Mem. July 22, 2011), a 1983 claim against school administrators for instigating the arrest of a child in their care, the district court cited King for the proposition that "[i]n the context of false arrest, liability will not attach to a defendant who merely seeks police assistance or furnishes information to law enforcement authorities who are then free to exercise their own judgment as to whether an arrest should be made. Note: The information provided below is for informational purposes only, for official information please contact the school district directly. Michael I. Devito, Esq. ( Id. 4. Rueda v. Kreth, 2005 WL 323711, at *5 (E.D.N.Y. 44.) What percentage of students were suspended from school at least one full day during the school year? b. Key Data. COO, Long Beach Public Schools (516) 897-2090 "As a result of this false testimony, the Judge ruled that Charles was to remain committed at NUMC, where he was held until September 23, 2008." Roth v. Jennings, 489 F.3d 499, 509 (2d Cir. 3. Students must meet eligibility criteria and complete a participation . Even though Toni Lynn explained that Charles's attendance issues were related to his psychological condition, Dr. Valentine still refused to treat Charles. The question of whether Goropeuschek's conduct "rises to the level of instigating is a question of fact," and must be determined upon further development of the record. Scaggs, 2007 WL 1456221 at *7. Defendant Long Beach City School District (the "District") is a public school district organized under the laws of New York State. New Jersey v. The Court notes simply that the Complaint itself alleges that Charles was afforded a hearing "on the issue of Charles' detainment pursuant to the mental health law." 16.) 60, 64.) Sept. 17, 2009). 17.) The district has 5 full-time counselors on staff. Long Beach Public Schools Schools - Long Beach High School 2004) (finding plaintiff's claims under Rehabilitation Act and Section 1983 were subject to IDEA exhaustion requirement); Hope v. Cortines, 872 F. Supp. 1983 ("Section 1983"). ( Id. See Williams, 428 F. Supp. First Day of School. Housed in this school are grades 6-8, totaling 970 students. Accordingly, the Court declines to dismiss plaintiffs' retaliation claims under the ADA and Rehabilitation Act. . Opp'n at 9 n. Therefore, "it follows that the plaintiffs have no private right of action under the state constitution." Thom said that she was retiring, but that the new principal "would afford Charles reasonable accommodations for his disability." Defendants argue, without citation to supporting case law, that the alleged "acts of the police and ambulance [in taking Charles from the Middle School to the mental health department of NUMC, where he was detained against his will and his parents' wishes for 14 days] cannot constitute a seizure by the District." Superintendent of Schools . The District, however, is not an "education corporation or association" under Section 296(4). The Complaint alleges that Goropeuschek falsely reported that Charles had threatened to commit suicide, and that both she and Darkeh "falsely testified under oath that Charles threatened to commit suicide" at the Hearing. . L. 296(4). Opp'n at 12.) (Defs.' See Schafer, 2011 WL 1322903 at *18 ("[T]o the extent [plaintiff] was denied a FAPE because of his disability, this is the type of violation that should be redressed through IDEA. . The school board is composed of five elected members. 2000) ("[T]he T.L.O. D. Plaintiffs' Claims Under the Constitution of the State of New York Are Dismissed. Defendant Dr. Robert Greenberg ("Greenberg") was the Superintendent of the District, defendant Audrey Goropeuschek ("Goropeuschek") was the principal of Long Beach Middle School, and defendant Ama Darkeh ("Darkeh") was a guidance counselor at Long Beach Middle School. Substitutes. A System of Excellence. See 20 U.S.C. 1999). On or about September 8, 2008, Dr. Valenti, the Middle School Vice Principal, telephoned Toni Lynn and told her that she, Gartung and Darkeh had met with Charles about the need to improve his attendance, but had "ignor[ed] his disability, as the School District had done since Charles began attending school there." 1990) ("[I]f the action is brought under [Section 504 of the Rehabilitation Act or Section 1983], plaintiffs are first required to exhaust the [IDEA's] remedies to the same extent as if the suit had been filed originally under the [IDEA's] provisions.") 1991)) (internal quotation marks omitted). "[T]he focal point of [that] inquiry must be [plaintiffs'] admitted failure to exhaust the administrative remedies available to [them] through the state education system before [they] filed suit in federal court." Long Beach Barrier Island, the island on which the city of Long Beach is located; Long Beach City School District, the island's primary school board ( Id.) What is a Teaching Certificate/Credential? (Compl. Here, plaintiffs do not allege the existence of any systemic violations. To the extent that a false imprisonment claim is asserted on behalf of Charles, the Complaint contains sufficient allegations to withstand a motion to dismiss. Students in Cheryl Drakeford's third-grade class in Newark are trying Khanmigo, a new A.I.-assisted tutoring bot. As discussed above, such alleged conduct violates Charles' clearly established constitutional rights, and the Court cannot find that such alleged actions were objectively reasonable as a matter of law. Also, 44% of middle school students tested at or above the proficient level for reading, and 61% tested at or above that level for math. Charles's parents do not, however, have standing to assert a cognizable Fourth Amendment claim based upon Charles's seizure.

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