Law Reform Goals of Josephson vs. Archer

As indicated in various posts on this site, one of the Josephsons’ primary objectives is to establish, reform or clarify California law by:

  1. Preventing Archer and other private schools from imposing an onerous and unfair mandatory arbitration processthat effectively shields the school and its administrators from liability and public accountability for illegal and unprofessional actions against children and their parents.
  2. Holding Archer and other schools to established legal standards of fairness and good faith by denying administrators like Elizabeth English the right to engage in the arbitrary, capricious and vindictive use of power against students and their parents.
  3. Assure that administrators such as Elizabeth English who blatantly violate the law and standards of educational professionalism, and governing boards who fail to exercise their oversight and other responsibilities are publicly accountable for their actions in an open and transparent process governed by due process (as opposed to the secret process outlined in the mandatory arbitration clause).
  4. Creating a cause of action for educational malpractice when an educator blatantly and intentionally violates recognized professional standards for the imposition of sanctions against students and parents.
  5. Establishing the legal principal that students cannot be effectively  expelled and otherwise seriously sanctioned because one parent seeks to hold the school to its own established policies and indicated a willingness to seek judicial relief for conduct deemed illegal.
  6. Establishing the legal principle that governing boards of educational institutions are legally responsible to exercise reasonable oversight and due care to prevent illegal and improper conduct against students and parents.

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