March 22, 2024
Re: Complaint against Papillion LaVista Community Schools Superintendent- Dr. Andrew Rikli
Re: Complaint against Papillion LaVista Community Schools Superintendent- Dr. Andrew Rikli
link to complaint: https://drive.google.com/file/d/1ecEf4B4AJkYBhdbsz359uLVaj9ctVAKc/view?usp=sharing
Dear Papillion LaVista Community Schools Board of Education- Mr. Marcus Madler, Ms. Valerie Fisher, Mr. Brian Lodes, Ms. SuAnn Witt, Mr. Skip Bailey, Ms. Lisa Wood:
I am bringing this complaint before the Papillion LaVista Community Schools (PLCS) Board of Education on the factual allegations against the superintendent for violating professional standards, possible breach of his contract and Oath of Office pursuant to Neb. Rev. Stat. §11-101.01. The following are facts, conclusions of law, and exhibits for the PLCS Board of Education for review and consideration.
Dr. Andrew Rikli is under contract with the Papillion LaVista Community Schools Board of Education to be the district’s superintendent. His Nebraska Department of Education Certificate/Permit ID is 20200003038 and the Certificate/Permit Type is ADMINISTRATIVE with an expiration date of 08/31/2030. On December 11, 2023, the Board agreed to employ the Dr. Rikli and set forth the terms and conditions; as part of the terms and conditions Section 5 and Section 6 https://docs.google.com/viewerng/viewer?url=https://www.plcschools.org//cms/lib/NE01912173/Centricity/Domain/1585/2024-25+Sup+Contract.pdf. The PLCS Board of Education has the authority to review this complaint pursuant to Neb. Rev. Stat. § 79-824 (2).
FACTUAL ALLEGATIONS
Allegation 1- PLCS Policy 1409 REGARDING THE TITAN PERFORMANCE CENTER: The respondent was engaged in conduct involving dishonesty and misrepresented the bond projects as well as was involved in political issues and abused his position and worked with parents of the “Raise the bar” campaign fundraise for the Titan Performance Center instead of the PE Classroom in the 2018 PLCS Bond without seeking board approval. Title 92 Nebraska Administrative Code 27(Effective Date: November 12, 2023), Section 004.02A which states, “the educator shall not interfere with the exercise of political and citizenship rights and responsibilities of students, colleagues, parents, school patrons, or school board members.”; Section 002.02C which states, “Shall not use coercive means, or promise or provide special treatment to students, colleagues, school patrons, or school board members in order to influence professional decisions.”; Section 004.02D which states, “Shall not make any fraudulent statement or fail to disclose a material fact for which the educator is responsible.”; Section 004.02E which states, “Shall not exploit professional relationships with students, colleagues, parents, school patrons, or school board members for personal gain or private advantage.” The following are public records request of email and text messages regarding the Titan Performance Center incident:
Public Records Request Go Fund Me: https://www.gofundme.com/f/plcs-public-records-request
Link to emails: https://drive.google.com/file/d/1L9mV_okI-HxZG_MN1Y037yKIybxh_oLl/view
Link to Text messages: https://drive.google.com/file/d/190wpuIf8C7wfqiQJPvJMdU9cjPSwnKKP/view
Allegation 2- MASK MANDATES ON STUDENTS AS CONDITION TO ATTEND SCHOOL IN PERSON: On May 11, 2022, a claim was filed against Dr. Rikli alleging he discriminated against students and religious beliefs in violation of Nebraska laws and Rule 27, 004.02B which states, “Shall not discriminate on the basis of race, color, creed, gender, marital status, age, national origin, ethnic background, or disability.”
The following link is the “Oath of Office Bond Claim against Dr. Andrew Rikli, Superintendent Papillion LaVista Community Schools” https://drive.google.com/file/d/1iTRIdJG5eNH2p5Jjo99aJ-0jGpQPw3dO/view
Allegation 3- HOSTING VACCINATION CLINICS WITHOUT A HEALTH FACILITY LICENSE: Dr. Rikli authorized COVID-19 vaccine clinics on Saturday, March 6, 2021, Saturday, March 13, 2021, Tuesday, November 16, 2021 and Tuesday, December 7, 2021 in violation of Nebraska law, his contract and Rule 27, 004.04B “Shall not use institutional privileges for private gain or to promote political candidates, political issues, or partisan activities.” The following is the link to the complaint filed against Dr. Rikli with the Health Facility Investigations Licensure Unit for hosting vaccine clinics at the Papillion LaVista South High School without a health facility license as well as the FIRST INTERIM REPORT OF THE TWENTY-SECOND STATEWIDE GRAND JURY and the press release on February 2, 2024 “Florida 22nd Statewide Grand Jury Releases First Report, Finds Masks and Lockdowns Were Harmful and Ineffective” that support the allegations:
https://drive.google.com/file/d/1mL6pq-87r4ClM5piYNMURN3wjei75Zzq/view?usp=sharing
From the “FIRST INTERIM REPORT OF THE TWENTY-SECOND STATEWIDE GRAND JURY” page 2, “In its 19, pages, the Petition described a litany of statements by pharmaceutical executives, state and federal government officials, doctors, scientists, reporters and other individuals regarding the safety and efficacy of COVID-19 vaccines, ultimately deeming it “to be in the public interest to impanel a statewide grand jury to investigate criminal or wrongful activity relating to the development, promotion and distribution” of these vaccines.”
From the press release on February 2, 2024 “Florida 22nd Statewide Grand Jury Releases First Report, Finds Masks and Lockdowns Were Harmful and Ineffective” “Nonetheless, the apolitical Statewide Grand Jury concluded in its first interim report that “there are still many months and much more testimony and evidence to come before our work will be finished. The issue we have been asked to examine is different from prior statewide grand juries in that it obviously affects people all over the United States—and perhaps the world—in much the same way as it affects citizens of the State of Florida.” https://www.flgov.com/2024/02/02/florida-22nd-statewide-grand-jury-releases-first-report-finds-masks-and-lockdowns-were-harmful-and-ineffective/
Allegation 4- PLCS POLICY 6405 CONTROVERSIAL ISSUES VIOLATION, “Something Happened in Our Town”: From the article “Papillion-La Vista school district apologizes after offensive book controversy”, (by Marlo Lundak Published: Apr. 8, 2021 at 8:29 PM CDT
“An apology letter from the district superintendent was sent out to parents earlier this week. It reads:
G. Stanley Hall Parents,
We want to make you aware of a situation that we have been dealing with at G. Stanley Hall. Over two weeks ago, as a part of our “Meaningful Monday” a book was shared with students. The purpose of the book was to promote the importance of including and accepting all students. However, the book was not properly vetted and contained information that was derogatory towards law enforcement. This was a mistake and we are truly sorry it happened. We are very fortunate at G. Stanley Hall and throughout the Papillion La Vista Community Schools to have an amazing partnership with our law enforcement. In no way does this book represent our thinking or beliefs about police. We are truly sorry that the book was not properly vetted and may have offended our students, families or community.
We want you to know that we have taken steps to be certain a mistake like this does not happen again. We have also sent a letter of apology to all of our local law enforcement agencies. Again, my sincere apologies for this mistake.
Superintendent Andrew Rikli also sent an apology letter to the police chiefs at La Vista Police, Papillion Police, and the Sarpy County Sheriff’s Office.
“As soon as it was brought to our attention, our superintendent reached out to all of our chiefs of police and followed that up with a letter of apology,” Eyman says. “We are very fortunate in our school district to have a collaborative effort with our police, and the fact that this book said something other than that is very disheartening to all of us.” “She also says an apology letter should also be sent to law enforcement in other surrounding counties, as many of their children attend Papillion-La Vista schools.
Eyman said the district has re-emphasized the vetting process to all staff to ensure that similar situations don’t happen again. She also no one would be disciplined, as it was an “honest mistake.”
The above actions violate Title 92 Nebraska Administrative Code, Chapter 27, Section 004.04A which states, “Shall not misrepresent an institution with which the educator is affiliated, and shall take added precautions to distinguish between the educator’s personal and institutional views.”; Section 004.04D which states, “Shall support the principle of due process and protect the political, citizenship, and natural rights of all individuals.”; Section 004.04F which states, “Shall, with reasonable diligence, attend to the duties of his or her professional position”.
Allegation 5- TAMMI LARSEN vs. PAPILLION LA VISTA COMMUNITY SCHOOL DISTRICT, and JANE DOES 1-3, individually, and in their official capacities; Defendants:
From the ‘MEMORANDUM AND ORDER’ filed 11/1/23, “This action arises out of the disappearance of Ryan Larsen after he walked out of La Vista West Elementary School on May 17, 2021.” “1) violation of the Rehabilitation Act U.S.C. § 794; 2) violation the Americans with Disabilities Act, 42 U.S. C. § (ADA); 3) violation of Individuals with Disabilities Education Act, 20 U.S.C. § 14000 et seq., (“IDEA”) under 42 U.S. C. § 1983; 4) violation of the Fourteenth Amendment under 42 U.S.C. § 1983; 5) negligent supervision; and 6) negligent infliction of emotional distress.” The superintendent is responsible for all aspects of school and is the head of all divisions and departments of the school district (PLCS Policy 2201 General Duties of the Superintendent). The Superintendent violated Title 92 Nebraska Administrative Code, Chapter 27, Section 004.03C which states, “Shall make reasonable effort to protect the student from conditions which interfere with the learning process or are harmful to health and safety.”
Allegation 6- POLITICAL SUBDIVISION TORT CLAIM OATH OF OFFICE BOND-LEGAL FEES:
On June 27, 2022 Ms. Loan Eby filed a Political Subdivision Tort Claim against Dr. Rikli in violation of Nebraska Revised Statute 11-101.01 Oath of Office bond because he authorized checks to KSB School Law more than the hourly rate outlined in the legal representation agreement. The following is the link to the claim: https://drive.google.com/file/d/1y3Eq39eiyo_N--abDJbQ7YkGWxvw_PRZ/view?usp=sharing
The Superintendent violated 92 NAC 27, Section 004.02D which states, “Shall not make any fraudulent statement or fail to disclose a material fact for which the educator is responsible”; Section 004.02E which states, “Shall not exploit professional relationships with students, colleagues, parents, school patrons, or school board members for personal gains or private advantage”; Section 004.02H which states, “Shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in the performance of professional duties.”
Allegation 9- PUBLIC FUNDS TO LEASE STORE FRONT FOR COMMUNITY CLOSET:
On March 1, 2023 Dr. Rikli entered into an agreement with James Teutschmann Calvary Representative; Dr. Rikli is a member of Calvary Church. The following could be construed as violations under Title 92 Nebraska Administrative Code, Chapter 27, Section 004.02A which states, “Shall not interfere with the exercise of political and citizenship rights and responsibilities of students, colleagues, parents, school patrons, or school board members.”; Section 003.02B which states, “Shall not discriminate on the basis of race, color, creed, gender, marital status, age, national origin, ethnic background, or disability”; Section 004.02E which states, “Shall not exploit professional relationships with students, colleagues, parents, school patrons, or school board members for personal gain or private advantage”; Section 004.02H which states, “Shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in the performance of professional duties”; Section 004.04A which states, “Shall not misrepresent an institution with which the educator is affiliated, and shall take added precautions to distinguish between the educator’s personal and institutional views”; Section 004.04B which states, “Shall not use institutional privileges for private gain or to promote political candidates, political issues, or partisan political activities”; Section 004.04F which states, “Shall, with reasonable diligence, attend to the duties of his or her professional position.”
MOU Calvary Church and Dr. Andrew Rikli: https://drive.google.com/file/d/18F5Uf92YAx66FLBdoQf16O2cKeNbZMOL/view?usp=sharing
Allegation 10- PUBLIC FUNDS TO ENTER INTO AN AGREEMENT WITH A LOBBYIST:
On November 27, 2023 Dr. Rikli entered into an agreement with Mr. Tim Gay, President of Catalyst Public Affairs, Inc. Section 2 (a) of the contract states, “Beginning January 1, 2024, PLCS will pay $3,250 per month until December 31, 2024, for a total of $39,000 per year. Payment shall be made on or before the fifteenth of the following month,” “PLCS shall reimburse CORPORATION $200 annually for lobbyist registration fees”. From the FORM A-R for 2024 Dr. Andrew Rikli is listed as the “Official to Whom Lobbyist is Accountable” https://nebraskalegislature.gov/lobbyist/view.php?link=view_form&form=forma&RegistrationID=19217
The agreement between the superintendent and Catalyst violate Title 92 NAC 27 Section 004.02A which states, “Shall not interfere with the exercise of political and citizenship rights and responsibilities of students, colleagues, parents, school patrons, or school board members”; Section 004.02C which states, “Shall not use coercive means, or promise or provide special treatment to students, colleagues, school patrons, or school board members in order to influence professional decisions”; Section 004.02E which states, “Shall not exploit professional relationships with students, parents, school patrons, or school board members for personal gain or private advantage”; Section 004.02H which states, “Shall not engage in conduct involving dishonesty, fraud, deceit or misrepresentation in the performance of professional duties”; Section 004.04A which states, “Shall not misrepresent an institution with which the educator is affiliated, and shall take added precautions to distinguish between the educator’s personal and institutional views”; Section 004.04B which states, “Shall not use institutional privileges for private gain or to promote political candidates, political issues or partisan political activities”; Section 004.04F which states, “Shall, with reasonable diligence, attend to the duties of his or her professional position.”
2024 Catalyst Contract: https://drive.google.com/file/d/1OJds7iHZfycAm2FueCArUEIa6zoFwcCV/view?usp=sharing
Allegation 11- NSBA INVOLVMENT AND ALLOWING DISPARAGING WORKSHOP DESCRIPTION:
On or around February 2023, it was discovered Papillion LaVista Community Schools was going to host a break out session titled “Weathering the Storm Through Effective Communication” and described students, colleagues, parents, parents, school patrons and a school board member as part of an “anti-Papillion La Vista Community Schools (PLCS) group” and using “tactics” to disrupt operations. The following is the screenshot of the description:
On September 29, 2021, the NSBA sent a letter to President Joseph R. Biden Jr. (“President Biden”) requesting “federal assistance” at local school board meetings including “federal laws enforcement and other assistance” to “deal with the growing number of threats of violence and acts of intimidation [allegedly] occurring… The letter further requested that such threats and acts be considered “the equivalent to a form of domestic terrorism”; “… As a result, the NSBA has faced criticism for the Letter as well as a decline in its membership…” https://www.nsba.org/-/media/Files/NSBA-Report.pdf?la=en&hash=A001354D23C9AE88B54D398270C9790D91B01FF9
From the February 14, 2022 PLCS Board of Education Agenda lists an expenditure of $330.00 for Ms. Linda Poole a Millard Public Schools Board of Education Member and a PLCS teacher to attend the National School Board Association Annual Conference.
The following are possible violations under by allowing PLCS funds so a Millard Public Schools Board member could attend the NSBA 2022 annual conference, 92 NAC 27 Section 004.04A which states, “the educator: Shall not misrepresent an institution with which the educator is affiliated, and shall take added precautions to distinguish between the educator’s personal and institutional views.” Section 004.04B which states, “Shall not use institutional privileges for private gain or to promote political candidates, political issues, or partisan political activities.” Section 004.06F which states, “Shall permit no commercial or personal exploitation of his or her professional position.”
ANTI-PLCS PRESENTATION FROM PUBLIC RECORDS REQUEST: HTTPS://DRIVE.GOOGLE.COM/FILE/D/1VN0ZPUWWEBVSRSTJUAR7NXY6QHOU76DI/VIEW?USP=SHARING
Allegation 12- MORAL TURPITUDE VIOLATIONS:
Title 92, Nebraska Administrative Code, Chapter 27, Section 004.03C (effective: November 12, 2003) which states, “the educator: Shall make reasonable effort to protect the student from conditions which interfere with the learning process or are harmful to health or safety”; Section 004.03D, which state, “the educator: Shall conduct professional educational activities in accordance with sound educational practices that are in the best interest of the student”; Section 004.04E, which states, “the educator: Shall not commit any act of moral turpitude or any felony under the laws of the United States or any state or territory, and shall not have a misdemeanor conviction involving abuse, neglect, or sexual misconduct as defined in Sections 003.12 through 003.14 of 92 NAC 27”; Section 005.02B2 which states “Each teacher... shall: Adhere to and enforce written and dated administrative policy of the school which has been communicated to the teacher or special services provider”; Section 005.04A1, which states, “Each educator shall: Create an atmosphere which fosters interests and enthusiasm for learning and teaching”; Section 005.06D which states, “The educator shall: Develop and maintain positive standards of conduct”’ and Section 005.09D which states, “Educators…: Shall provide leadership and direction for others by appropriate example.”
As of 3/17/2024, All Boys Aren't Blue is in the district:
The following videos are examples which illustrates the violations outline above:
Public Comment regarding “Eleanor and Park”: https://www.youtube.com/watch?v=nsICwFVMn04
https://www.youtube.com/watch?v=lA85gA8QGKc&t=1s
Public comment regarding “All Boys Aren’t Blue”:
https://www.youtube.com/watch?v=mWRluOoLLOc&t=7s
https://www.youtube.com/watch?v=UuQH20XbKIA
https://www.youtube.com/watch?v=rHiY6O8XTik&t=3124s
Email from superintendent to edit and remove board meeting Dr. Rikli seems to speaking on the BOE’s behalf in violation of 92 NAC 27, Section 004.02A which states “the educator: Shall not interfere with the exercise of political and citizenship rights and responsibilities of students, colleagues, parents, school patrons, or school board members”:
The following is an example of Jared Severson which serves as precedence for similar allegations committed by the PLCS Superintendent: https://www.education.ne.gov/static/CC/Severson_Jared.pdf
Allegation 13: TRANSPORATION LAWSUIT FROM PARENT OF A SPECIAL EDUCATION STUDENT:
On October 30, 2023 a lawsuit was filed against the school district; T.R., a minor child, by and through his parent, ROSA EVANS, and ROSA EVANS, individually vs. PAPILLION LA VISTA COMMUNITY SCHOOLS https://drive.google.com/file/d/1asmqL5Tc0aivLGDt3an_xOxF3altBe-A/view?usp=sharing
From the complaint, “Beginning in August of 2021, T.R.’s mother asked PLCS multiple times to provide district transportation to and from school for T.R. because of his disability-related difficulties and the challenges he would experience in walking to and from school.” According to the docket, “FINAL PROGRESSION ORDER - Depositions due August 1, 2024. A status conference to discuss case progression, the parties' interest in settlement, and the trial and pretrial conference settings will be held with the undersigned magistrate judge by telephone on June 27, 2024 at 11:00 a.m. Ordered by Magistrate Judge Susan M. Bazis. (TCL) (Entered: 02/28/2024)”. The case is going to trial. The following table and charts show the district’s Annual Financial Report General Fund All Receipts and the Student Transportation- School Age SPED expenditures for the past 5 years. PLCS receipts have increased by millions of dollars while ‘Student Transportation-Vehicle Operation- School Age SPED expenditures have been reduced. Title 92 Nebraska Administrative Code, Chapter 27 Principle II- Commitment to the Student states, “Mindful that a profession exists for the purpose of serving the best interest of the client, the educator shall practice the profession with genuine interest, concern, and consideration for the student”. The superintendent is violation of 92 NAC 27 Section 004.03C which states, “the educator: Shall make reasonable effort to protect the student from conditions which interfere with the learning process or are harmful to health or safety”, Section 004.03D which states, “the educator: Shall conduct professional educational activities in accordance with sound educational practices that are in the best interest of the student” Section 004.04F which states, “the educator: Shall, with reasonable diligence, attend to the duties of his or her professional position.”
The district provided transportation to T.R. before, All Receipts has increased, therefore the district has sufficient funds to provide transportation and elected to deny T.R. transportation to the point where the district is being sued.
Allegation 14: DAN WERNER RETWEET:
The Omaha World Herald ran an article “School Board candidate condemns Papio South High account’s retweet backing incumbent”, published Oct 18, 2022. “A political message backing school candidates was retweeted on the official Twitter account of Papillion La Vista South High School over the weekend, a potentially illegal act that a district official said Tuesday should never have happened.”
https://drive.google.com/file/d/1hY4gF-ZedwtwYKS7_hcygylF7-40X1Is/view?usp=sharing
Dr. Rikli violated Title 92 of the Nebraska Administrative Code, Chapter 27, Section 004.02H which states, “Shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation in the performance of professional duties” Section 004.04B which states, “the educator: Shall not use institutional privileges for private gain or to promote political candidates, political issues, or partisan political activities”
Allegation 15: ALLOWED RESIGNATION OF TWO CERTIFICATED EMPLOYEES WITHOUT NOTIFICATION OF THE BOARD OF THE VIOLATIONS:
From the FINAL ORDER before the STATE BOARD OF EDUCATION STATE OF NEBRASKA dated May 8, 2023 “… During the interviews with M.V., conducted by school administration and law enforcement, M.V. disclosed that she and Respondent had smoked marijuana together on five to ten occasions in the fall of 2020, that Respondent had provided the marijuana, and that he taught her “how to roll a join so[she] would know how to do it once [she] go to college.” “The Papillion Police Department conducted a criminal investigation and discovered approximately 62,000 text messages between Respondent and M.V. which included affirmations of love and emotional closeness, arguments with explicit language, and references to smoking. The text messages reflected a close personal relationship between Respondent and M.V.”
https://www.education.ne.gov/static/CC/Johnston_Daniel.pdf
PLCS Policy: 4007 Professional Boundaries Between all Employees and Students states, “School district employees, student teachers, interns, volunteers, and agents (for purposes of this policy are hereinafter referred-to as “employees”) are responsible for conducting themselves professionally and for teaching and modeling high standards of behavior and civic values, both at and away from school. Employees are required to establish and maintain professional boundaries with students and must have appropriate relationships with students. They may be friendly with students, but they are the students’ teachers, not their friends, and they must take care to see that this line does not become blurred.”
“On November 17, 2020, the Respondent signed a resignation agreement which was approved by the PLV school board at its November 23, 2020, meeting;” The superintendent was dishonest in that the police report was not provided to the board of education. The resignation was treated like the other 3 certificated employees that resigned.
Nebraska Revised Statute 25-228 Action by victim of sexual assault of a child; when.
(1) Notwithstanding any other provision of law:
(a) There shall not be any time limitation for an action against the individual or individuals directly causing an injury or injuries suffered by a plaintiff when the plaintiff was a victim of a violation of section 28-319.01 or 28-320.01 if such violation occurred (i) on or after August 24, 2017, or (ii) prior to August 24, 2017, if such action was not previously time barred; and
(b) An action against any person or entity other than the individual directly causing an injury or injuries suffered by a plaintiff when the plaintiff was a victim of a violation of section 28-319.01 or 28-320.01 may only be brought within twelve years after the plaintiff's twenty-first birthday.
(2) Criminal prosecution of a defendant under section 28-319.01 or 28-320.01 is not required to maintain a civil action for violation of such sections.
https://nebraskalegislature.gov/laws/statutes.php?statute=25-228
Stephen Gentry:
“His case alleged inappropriate contact with a student. He'll register as a sex offender for the next 15 years.” https://www.ketv.com/article/felony-warrant-issued-for-former-papillion-la-vista-south-high-school-football-coach/35867423
Under Nebraska Revised Statute 79-826, “The superintendent or the superintendent’s designee may take action with regard to certificated employee’s performance or conduct which is deemed reasonably necessary to assist the certificated employee and further school purposes, including: (1) Counseling; (2) oral reprimand; (3) written reprimand’ and (4) suspension without pay for not to exceed thirty working days.
For Mr. Johnston and Mr. Gentry, the superintendent accepted the resignation with other certificated resignation and led the public to believe there was no act of moral turpitude. In addition, the superintendent should have known or the foresee the statutes of limitations for a civil lawsuit is when the victims turn 33 years of age under Nebraska Revised Statute 25-228(b) (b) An action against any person or entity other than the individual directly causing an injury or injuries suffered by a plaintiff when the plaintiff was a victim of a violation of section 28-319.01 or 28-320.01 may only be brought within twelve years after the plaintiff's twenty-first birthday. https://nebraskalegislature.gov/laws/statutes.php?statute=25-228
Allegation 16: NO ACTION TAKEN REGARDING NURSE AND TEACHER IN JAGGER SHAW WRONGFUL DEATH:
On July 18, 2022, the family of Jagger Shaw through their attorneys, filed a Notice of Political Subdivision Tort Claim against the Papillion LaVista Community School District. The following outlines the reason for the claim, “Jagger’s death on May 7, 2022 was a result of intentional, negligent, and/or reckless disregard for his medical needs while a minor child and student at Liberty Middle School.” “It is believed that at approximately 0905 a.m. on that day, an employee or agent of the School District, believed to be Aaron Koehn, provided Jagger a Blueberry Muffin Larabar that contained cashews. Jagger was allergic to cashews. Thereafter, Jagger, having recognized that he ingested cashews, presented to healthcare personnel at Liberty Middle School, believed to be an employee(s) or agents(s) of the School District, and believed to be Caitlin Wilsey, BSN, RN. Thereafter, significant delay occurred in securing Jagger necessary and life-saving medical care after it was known, or should have been known, that Jagger was having an allergic reaction.” “Such action and/or inaction by the employees or agents of the School District proximately caused Jagger’s death.” 3
The teacher and nurse are currently employed with the district and there is nothing that indicates the superintendent recommended the BOE review any Rule 27 violations. On January 23, 2023, the district reached a settlement with the family for $1M; there for the two certificate holder’s actions.
https://drive.google.com/file/d/1Qgj-SoWspYM0pHu4_nBKy-fPLruj3DWS/view
Under Neb. Rev. Stat. §79-826 “The superintendent or the superintendent's designee may take action with regard to a certificated employee's performance or conduct which is deemed reasonably necessary to assist the certificated employee and further school purposes, including: (1) Counseling; (2) oral reprimand; (3) written reprimand; and (4) suspension without pay for not to exceed thirty working days.”
https://nebraskalegislature.gov/laws/statutes.php?statute=79-826
The two certificated employees are around students and the district is liable because the two employees could subject other students to the same negligence that resulted in Jagger Shaw’s death.
Conclusion:
I, Loan Eby, who has an interest and information about the alleged violation(s) of the standards of Rule 27 against the PLCS superintendent, submitted this written complaint to the Papillion LaVista Community Schools Board of Education on March 20, 2024.
Sincerely,
Loan Eby