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Preventive Law



Preventive Law

Eichelbaum - "Final Response Regarding the RVAA"
By Dennis Eichelbaum - Schwartz & Eichelbaum P.C.
Aug 14, 2007, 08:32

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Final Response Regarding the RVAA

 

I certainly did not intend to get into a seemingly unending debate on the subject of the RVAA, but I would like to clarify my position regarding the RVAA’s Model Policy. I do not intend to write again on this issue, but for anyone that would like to discuss the matter further, my number is 1-800-488-9045.

 

The RVAA Model Policy is neither tested nor does it provide “indemnification of the district against all damages, court costs and attorney’s fees,” as claimed by Mr. Coghlan.  A school district that adopts the RVAA Model Policy runs the same risks as it does adopting any other policy.

 

Any school district can choose to adopt the RVAA Model Policy, but:

 

(1)               Adopt it knowing that it creates a cumbersome and unnecessary procedure for determining what it deems to be a “neutral criteria,” rather than determining your own procedures and neutral criteria that best suits your district, and;

(2)               Adopt it knowing that you are losing control over which of your school events should include student participation, as opposed to permitting your own administration make such decisions.

 

If you prefer to turn over these decisions to attorneys that sue school districts such as Mr. Coghlan (who helped draft the RVAA), then do so at your own peril.

 

On the other hand, if you wish to retain local control and draft a policy that best suits the needs for your children, your schools, and your community, there are plenty of school law firms that represent and defend school districts that are available to assist you.  They will be sitting next to you, not across the table from you, if you have to go to court. And while I never mentioned or advertised in any of my articles that my firm sells an RVAA policy that leaves all these decisions to the district, I appreciate Mr. Coghlan advertising for us!

 

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