FeedsJudge dismisses lawsuit challenging school policy
Wayne County Circuit Court Judge Daphne Means Curtis has dismissed a lawsuit filed by the Northville Education Association (NEA) challenging the legality of Northville Public Schools’ Parental “Do No Resuscitate” (DNR) Directives policy, which allows parents to request that potentially life-saving interventions not be provided to their children. The NEA is the labor union representing more than 500 of the school district’s teachers and other employees.
A Parental DNR Directive is a written order submitted by a student’s parents and physician indicating that in the event of a medical emergency, school personnel should refrain from administering certain unwarranted medical procedures, which could cause more harm and injury to the student.
The Northville Public Schools Parental DNR Directives policy was approved by the Board of Education in February 2008. Prior to approval, the policy underwent careful study and review by district officials and the district’s lead legal counsel Terry Miglio, of Keller Thoma P.C.
Parental DNR Directives are only honored for students in the school district’s special education center programs at Cooke and Old Village schools, which serve students with severe cognitive and multiple impairments. Under the district’s policy, Parental DNR Directives must meet very specific requirements. The directives become part of the student’s “Nursing Care Plan” and are discussed in detail with those staff members working closely with the student in a meeting with school administrators and the student’s parents.
“This is a deeply emotional issue for families and we are legally bound as a school district to honor the wishes of parents who submit valid DNR requests for their children,” said Lynne Mossoian, director of special services for the Northville Public School district.
Currently, less than a handful of students in Northville’s two special education center programs have Parental DNR Directives.
In the lawsuit filed in November 2008, the NEA argued its members who work with these students should not be required to abide by an approved Parental DNR Directive and, in the event the employee failed to follow the directive, could not be disciplined by the school district.
In response, the school district’s legal counsel filed a motion to dismiss the NEA lawsuit on the basis that parents have a constitutional and legal right to prohibit school employees from providing unwanted medical treatment for their children, and that NEA members could not disregard a parental directive.
In dismissing the lawsuit on Tuesday, November 10, 2009, Judge Curtis ruled that the school district’s DNR policy is valid, citing federal and state case law supporting the rights of parents to refuse unwanted medical treatment for their children. Judge Curtis also said she found no evidence to support NEA concerns about the school district’s DNR policy.
“Northville Public Schools has devoted a great deal of time and resources over the past two years to defend our policy as a result of the NEA’s position in this matter,” said Northville Superintendent Dr. Leonard R. Rezmierski. “We are pleased with Judge Curtis’s ruling and look forward to working with parents to honor their wishes related to this very difficult decision.”
The school district’s special education center programs at Cooke and Old Village schools serve approximately 280 severely cognitively and multiply impaired students from school districts across Wayne County. The center programs are funded by Act 18 through the Wayne County Regional Educational Service Agency and operated by Northville Public Schools. Old Village serves students age three to 14 and Cooke serves students age 14 to 26.
