COVID-19   Law    Advocacy    Topics A-Z     Training    Wrights' Blog   Wrightslaw Store    Yellow Pages for Kids 
 Home > FAQs > Reading > My Child Has a Learning Disability - How Can I Find a Tutor?


The Special Ed Advocate newsletter
It's Unique ... and Free!

Enter your email address below:

2024-2025
Training Programs

Nov. 16 - WV via ZOOM

2025

Mar. 18-19 - VA via ZOOM

Sept. 18 - MD via ZOOM

Full Schedule


Wrightslaw

Home
Topics from A-Z
Free Newsletter
Seminars & Training
Yellow Pages for Kids
Press Room
FAQs
Sitemap

Books & Training

Wrightslaw Storesecure store lock
  Advocate's Store
  Student Bookstore
  Exam Copies
Training Center
Mail & Fax Orders

Advocacy Library

Articles
Cool Tools
Doing Your Homework
Ask the Advocate
FAQs
Newsletter Archives
Short Course Series
Success Stories
Tips

Law Library

Articles
Caselaw
Fed Court Complaints
IDEA 2004
McKinney-Vento Homeless
FERPA
Section 504

Topics

Advocacy
ADD/ADHD
Allergy/Anaphylaxis
American Indian
Assistive Technology
Autism Spectrum
Behavior & Discipline
Bullying
College/Continuing Ed
Damages
Discrimination
Due Process
Early Intervention
  (Part C)

Eligibility
Episodic, such as
   Allergies, Asthma,
   Diabetes, Epilepsy, etc

ESSA
ESY
Evaluations
FAPE
Flyers
Future Planning
Harassment
High-Stakes Tests
Homeless Children
IDEA 2004
Identification & Child Find
IEPs
Juvenile Justice
Law School & Clinics
Letters & Paper Trails
LRE / Inclusion
Mediation
Military / DOD
Parental Protections
PE and Adapted PE
Privacy & Records
Procedural Safeguards
Progress Monitoring
Reading
Related Services
Research Based
  Instruction

Response to Intervention
  (RTI)

Restraints / Seclusion
   and Abuse

Retention
Retaliation
School Report Cards
Section 504
Self-Advocacy
Teachers & Principals
Transition
Twice Exceptional (2e)
VA Special Education

Resources & Directories

Advocate's Bookstore
Advocacy Resources
Directories
  Disability Groups
  International
  State DOEs
  State PTIs
Free Flyers
Free Pubs
Free Newsletters
Legal & Advocacy
Glossaries
   Legal Terms
   Assessment Terms
Best School Websites

 
Doing the Right Thing:
Court Vindicates School Nurse in Retaliation Case
On June 28, 2005, the U. S. Court of Appeals for the Third Circuit held that school administrators and the school district may be officially and individually liable for retaliating against a school nurse who advocated for kids with disabilities.

Exceptional Employee, Excellent Evaluations

Linda McGreevy is a licensed professional nurse, a pediatric nurse practitioner, and a certified school nurse.

She holds a school nurse certificate from Millersville University, a Masters of Education from Penn State University, a certified nurse practitioner degree from the College of Medicine and Dentistry of New Jersey and Rutgers, and a Bachelor of Science Nursing Degree from Fairleigh Dickenson University.

She is also qualified to be a school principal.

Between 1994 and 1999, Linda McGreevy received outstanding employment ratings, scoring 75 or higher out of a possible 80 points. Under the District's categories of ratings, 75-80 is considered "excellent," the highest possible category.

In 1999, her evaluations suddenly dropped to unsatisfactory levels.

What caused this exceptional employee's fall from grace?

Doing the Right Thing

Ms. McGreevy reported that school officials began retaliating against her in 1999, after she took several actions:

* She advocated for two students with disabilities. At one point, she contacted the State Dept of Education and expressed concerns that the children were in danger of being physically injured. During a subsequent meeting, concerns were expressed that the principal was gathering information to use against the children's mother so the children would be removed from her custody.

* She reported that the school allowed "unlicensed pesticide spraying at the school" which made many students and teachers sick. After an investigation, the district was fined.

* She advised state officials that she was the school nurse for the elementary school, not for the middle school (as represented by the school district) After an investigation, the Department of Health withheld funds for school nurse services.

After taking these actions, principal Stroup, assistant principal Tsosie, and superintendent Soltis "constantly criticized and berated" Ms. McGreevy. As a result of their treatment, Ms. McGreevy began to have constant severe migraine headaches. When the retaliation did not stop, she submitted her letter of resignation.

But the Bermudian Springs School District refused to accept her resignation because they claimed it was "ineffective." They sent letters advising her that she had "abandoned" her employment and threatening her with "the possible loss of her RN degree."

In August, 2001, she filed sued against the superintendent, principal, assistant principal, and the Bermudian Springs School District.

After several pretrial motions over nearly two years, the U. S. District Court dimissed most of her claims against the district.

Linda McGreevy appealed.

In a unanimous decision issued on June 28, 2005, the Court of Appeals held that Ms. McGreevy had a right to advocate on behalf of the disabled students, a right to object to pesticide spraying by an unlicensed individual, and a right to clarify where she worked (and didn't work).

The Court held that the principal, assistant principal and superintendent who retaliated against Linda McGreevy were not entitled to qualified immunity in their official capacities; that they may also be liable in their individual (personal) capacities; that because the superintendent was the final policymaker, when he supported the negative performance ratings, he made the District liable.

The Court remanded "the matter to the District Court for further proceedings in accordance with this opinion."

Read the new decision in Linda McGreevy v. Stroup, Tsosie, Soltis, Bermudian Springs Sch. District.

Learn more about trends in Teacher Litigation and Retaliation

Additional Resources

Retaliation! The Inside Story of the One Million Dollar Verdict



Learn more about Reading, Writing, Language Therapy


Email Newsletter icon, E-mail Newsletter icon, Email List icon, E-mail List icon The Special Ed Advocate: It's Free!