March 02, 2004
By: Zi Perry
Website: http://www.1st-in-flags.com
Settlement reached for Florida student suspended
The American Civil Liberties Union of Florida has reached an interim settlement agreement in action brought by Peter Riera, a student at Boca Raton High School, against Palm Beach School Board officials and school administrators at Boca Raton High School. The ACLU brought an action in Palm Beach County Circuit Court on behalf of Peter after he was prohibited by school officials from wearing a beaded necklace at his high school that had a Cuban flag on it.
Under the terms of the settlement, Peter will be permitted to return to school and to wear the beaded Cuban flag necklace that was the cause of this controversy, and will receive $15,000 in his attorneys' fees and costs in the matter. In addition, the Palm Beach County School Board has agreed to a new school-specific policy regarding prohibitions on "gang-related" apparel and paraphernalia, and agreed to work with the ACLU in developing new dress code policies and dispute resolution mechanisms between students and school administrators.
"This settlement reflects a good, common sense resolution of this matter," said James Green, the ACLU cooperating attorney representing Riera. "The terms of this settlement will permit Peter to return to school and will help to ensure that needless violations of students' fundamental rights are less likely to again occur in the Palm Beach County public schools."
Andrew Kayton, legal director of the ACLU of Florida stated: "We are pleased that the school board chose to resolve this matter in a manner that preserves Peter's First Amendment rights. By opting not to engage in protracted litigation and agreeing to develop more sensible dress code policies, the school board has demonstrated its commitment to important constitutional principles and to the best educational interests of Peter and other students in the Palm Beach County Public Schools."
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Zi Perry is a successful author and regular contributor to http://www.1st-in-flags.com.
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