Education Law

Joseph Maya selected to 2022 Edition of Best Lawyers in America

FOR IMMEDIATE RELEASE

 

Westport, CT

 

Maya Murphy, P.C. is pleased to announce that Joseph Maya has been included in the 2022 edition of The Best Lawyers in America®. Since it was first published in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence.

Joseph Maya, a Connecticut and New York-based litigation attorney, was recognized in The Best Lawyers in America© 2022 edition. He has been rated Best Lawyers in America and ranks among the top private practice attorneys nationwide. Attorneys listed in this edition of The Best Lawyers in America were selected after an exhaustive peer-review survey that confidentially investigates the professional abilities and experience of each lawyer. Recognition in Best Lawyers® is widely regarded by both clients and legal professionals as a significant honor.

Mr. Maya has been practicing law in Connecticut for more than 25 years. He has been a licensed attorney in New York for more than 30 years.

“Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary accomplishments of those in the legal profession,” said Best Lawyers CEO Phillip Greer. “We are proud to continue to serve as the most reliable, unbiased source of legal referrals worldwide.”

Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing.

 

Maya Murphy, P.C. has offices in Westport, CT and New York City. For additional information on Joseph Maya or Maya Murphy, P.C., please visit its website at https://mayalaw.com, or call 203-221-3100.

 

How NCLB Implements it’s Goals

One of the stated goals of NCLB is that every child be able to read by the end of third grade. To this end, the Federal government invested in scientifically based reading instruction programs to be implemented in the early grades. An expected collateral benefit of this initiative is reduced identification of children requiring special education services resulting from a lack of appropriate reading instruction. NCLB funds screening and diagnostic assessments to identify K-3 students who are at risk of reading failure, and to better equip K-3 teachers in the essential components of reading instruction. Funds are also available to support early language, literacy, and pre-reading development of pre-school age children.

In keeping with its major themes of accountability, choice, and flexibility, NCLB also emphasizes the use of practices grounded in scientifically based research to prepare, train, and recruit high-quality teachers. Once again, local school administrators are afforded significant flexibility in teacher staffing, provided they can demonstrate annual progress in maintaining and enhancing the high-quality of their teachers.

Finally, in an effort to ensure safe and drug-free schools, NCLB, as proposed, requires states to allow students who attend a persistently dangerous school, or who have been victims of violent crime at school, to transfer to a safe school. To facilitate characterizing schools as “safe” or “not safe,” NCLB requires public disclosure of school safety statistics on a school-by-school basis. In addition, school administrators must use federal funding to implement demonstrably effective drug and violence prevention programs.

It is within this overarching educational framework of NCLB that the State of Connecticut oversees and administers its constitutional and statutory obligations to educate your children.

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Our education law firm in Westport Connecticut serves clients with expulsion, discrimination, and general education law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best education law attorneys in CT on staff that can help with your Connecticut or New York education issues today.

If you have any questions or would like to speak to an education law attorney about a pressing matter, please don’t hesitate to call our office at (203) 221-3100. We offer free consultations to all new clients.

What Services Are Required for School-Aged Children with Autism in Connecticut?

Children with autism are eligible for special education and related services in Connecticut.  State and federal law does not require local school districts to provide particular services for children with autism.  These laws do require school districts to identify children with disabilities that affect their educational performance and provide them with a free and appropriate public education tailored to their individual needs.

Specific services for autistic children depend on his or her disability and individualized educational program.  This program is established by the child’s planning and placement team.  A planning and placement team is a group consisting of the child’s parents, teachers, and educational specialist that evaluate the child’s services annually.

If you have any questions related to education law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

What Is the Law Controlling Drug Testing in the Workplace or in Public Schools in Connecticut?

Among employees there are a variety of times in which they may legally be drug tested in the workplace.  Employees are often tested prior to being hired to prevent employers from hiring people who use illegal drugs.  After an employee is hired, if an employee’s supervisor has reasonable suspicion that the employee is under the influence of drugs or alcohol, they may test the employee for illegal drug use.  Employees in a workplace may also be tested post-accident to determine whether drugs or alcohol contributed to the event.  Lastly, employers may choose to conduct random testing to deter drug use.  However, Connecticut law prohibits private-sector employers from requiring employees to undergo random drug tests.  An employer must have a reasonable suspicion that the employee is under the influence of drugs or alcohol that is affecting, or could affect, his job performance before he may require a test.

State and municipal employees are not covered by the state law that prohibits random drug testing, however they are protected by the Fourth Amendment which prohibits the government from carrying out unreasonable searches.  The Supreme Court has ruled that urine tests are searches and that the Fourth Amendment applies to governments acting as employers.

Federal law and regulations also require the operators of commercial vehicles over a certain size, to undergo drug tests before they are hired, after serious incidents, and when there is a reasonable suspicion.   In the private sector, pre-employment drug testing is fairly common.

There are no federal or state statutes that cover drug testing of students in public schools.  Students do not have the same level of constitutional rights as adults however.  A 2002 Supreme Court decisions permits schools to conduct random drug testing of students who participate in extracurricular activities, but drug testing cannot be a condition for attending school.

If you have any questions regarding employment law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

What Should I Do if My Child Has Been Denied Special Education?

Schools may often refuse to make reasonable accommodations for children who need special education.  If your child has special education needs, the school must accommodate for the child under the Americans with Disabilities Act.  You have many rights in this situation such as the right to a manifestation hearing.  You may also have the right to file a complaint against the school district.  You should obtain an education attorney as soon as possible to educate you on your rights, and help you get the accommodations your child needs and deserves.  If you have any questions related to education law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Can a Student Be Expelled from School for Carrying a Weapon off School Property in Connecticut?

State law requires a local or regional board of education to expel a student for carrying certain weapons without a permit or using a weapon to commit a crime.  Under this law, firearms are considered any weapon that can expel a projectile by explosive, which includes explosives and poison gases.  Deadly weapons are also covered by the mandatory expulsion law.  Deadly weapons include a weapon from which a shot can be discharged, a switchblade or knife, or metal knuckles.  A student might even be expelled for carrying a dangerous instrument which might include anything, under the circumstances in which it is used, can cause death or serious injury, including an attack dog or a vehicle.

If you have any questions related to education law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

What Authority Does a Local School Board Have to Expel a Student for Out-of-School Conduct in Connecticut?

Connecticut’s school expulsion law provides for both mandatory and discretionary expulsions for out-of-school conduct.  If a student is caught carrying a weapon, or selling or distributing illegal drugs, whether the activity occurs on or off school grounds, school boards must expel the student.  For any other type of conduct, such as sexual assault, a school board has the discretion to expel a student from school.

To impose a discretionary expulsion for out-of-school conduct, the law requires a school board to show that the student’s actions not only violate a school policy but are also disruptive of the educational process.  The Supreme Court of Connecticut has construed the phrase “disruptive of the educational process” to mean conduct that has a direct connection with the school and interrupts or seriously impeded the school’s daily operations.

If you have any questions related to education law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

Milford Teacher and Coach Accused of Assaulting Student

Via WFSB CT: MILFORD, CT

A Milford teacher is under arrest after being accused of placing a student in a headlock. Mark Ruzbarsky, a math teacher at Jonathan Law High School, was taken into custody July 3 on an arrest warrant. Police said Ruzbarsky, who is in his fourth year as a math teacher at Jonathan Law High School, was accused of restraining the unidentified student by the neck during a class at the school.

The incident reportedly happened during an algebra class in February, and Ruzbarsky was charged late last week. He said he didn’t mean to hurt the student and that it was all meant in fun. “I think that’s absolutely awful,” said Courtney Luciana of Milford. Milford police said Ruzbarsky was teaching the algebra class last February when he noticed a 15-year-old student wasn’t completing his classwork. That’s when investigators said he grabbed the student’s arm, and according to an arrest “Ruzbarsky then squeezed his neck and pushed his head down,” and the victim told police the headlock lasted about one second and that he could not breathe.

“It’s OK for teachers to play around with their students here and there but I don’t believe in putting their hands on a child whatsoever is OK,” said Luciana. Seconds after the alleged headlock, the victim told police that Ruzbarsky did it again and this time “he couldn’t breathe for approximately five seconds.” Ruzbarsky told police that it was all in good fun since “the victim raised his head and smiled at him.” Later that day, the student told a guidance counselor “his neck hurt when he touched it and he did have minor scrapes on his neck,” the warrant said.

William B. Westcott of Maya Murphy in Westport, Ruzbarsky’s lawyer, said his client had nothing to hide and released this statement:

“He placed his hands on a student’s shoulders during math class in an effort to do nothing more than engage the student’s attention. Mr. Ruzbarsky was attempting to be boisterous and brotherly in his approach. He was not angry with the student for any reason, nor was he meaning to discipline the student in any way. Mr. Ruzbarsky was both shocked and distraught when he learned only later in the day that he had made the student feel self-conscious and uncomfortable. It is important to note that Mr. Ruzbarsky was quickly returned to work after the school conducted its own investigation, even though the school was aware that this arrest would be forthcoming. It is apparent that the colleagues and administrators who personally know Mark Ruzbarsky are confident he poses no threat whatsoever to the students he supervises and educates.”

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Ruzbarsky, who is also the assistant wrestling coach at Jonathan Law High School, was charged with third-degree assault and second-degree breach of peace. The Milford school system would not comment on the case, but it did say that Ruzbarsky remained an employee.

Police said he is due in court July 29.

The original report on the incident can be found at the following link: http://www.wfsb.com/story/25955558/milford-teacher-arrested-for-assaulting-student

What Are the State Laws and Policies on Providing Bus Transportation to Schools in Connecticut?

In general, state law requires each local or regional board of education to provide transportation to school-aged children wherever reasonable and desirable.  Transportation is categorized as a type of “school accommodation” that boards of education must provide so that children aged five to 20 years may attend public school.  A parent, guardian, or student aged 18 or older is entitled to a hearing before the board of education when a school accommodation, such as transportation, is denied.  Boards of education have the authority to create their own transportation policies within the confines of the law.

State law also requires municipalities and school districts to provide transportation services to students enrolled in nonprofit, private schools in grades kindergarten through 12.  This only applies when a majority of students attending the private school are Connecticut residents.

If you have any questions related to education law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

What are the Duties of the Board of Education in Connecticut?

Each Board of Education is required to maintain good public elementary and secondary schools, carry out the educational interests of the state, and provide such other educational activities as in its judgment to best serve the interests of the school district.  The Board is also required to provide an appropriate learning environment for its students.  This includes providing adequate instructional books, supplies, materials, equipment, staffing, and facilities.  The Board is also responsible for the equitable allocation of resources among its schools, maintaining school facilities, and providing a safe school setting for students.  Importantly, the Board is also tasked to maintain records of allegations, investigations and reports that a child has been abused or neglected by a school employee.

Each year the board of education of each local school district shall prepare a statement of educational goals for the district.  Further, the board of education shall submit to the Commissioner of Education a strategic school profile report for each student under its jurisdiction and for the school district as a whole.  The profile report shall provide information on measures of: student needs; school resources; student and school performance; the number of students enrolled in an adult high school credit diploma program; equitable allocation of resources among its schools; reduction of racial isolation; and special education.

If you have any questions related to education law in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.