State ex rel. Board of Education v. Beane

(Filed May 5, 2009)

While I concur with the majority opinion’s conclusion that the Putnam County Board of Education (“Putnam County BOE”) should have been made a party to the proceeding, I must dissent from the opinion because of its immense shortcomings in failing to clarify significant legal issues which should be resolved expeditiously.

The insurmountable problem with the majority opinion is the lack of responsiveness to a serious health and safety issue involving a severely disabled child. The thirteen-year-old child involved in this case is wheelchair bound and, according to his treating…