Miami, FL April 05, 2026 --(PR.com)-- Parents Chris Miseresky and Lauren Coleman, individually and on behalf of their minor child A.M., have filed a Verified Complaint in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, against Fisher Island Day School, Inc., Arthur Viscusi (a/k/a Art Viscusi), individually and in his capacity as Head of School, and Jana Neff, individually and in her capacity as Chair of the Board of Trustees.
The Verified Complaint alleges:
- The School engaged in a targeted campaign against a student despite no documented disciplinary or behavioral record
- The School used an “Academic Watch” designation not found in written policy
- Teachers were directed to make positive comments “more negative”
- After the parents raised concerns, the School imposed new restrictions, removed Lauren Coleman as Chair of the Parents Association, which plaintiffs contend amounted to constructive dismissal
- Viscusi received access to housing owned by a school-affiliated entity, which plaintiffs contend raises questions about independence and impartiality
- Other students and educators were subjected to similar treatment
Fisher Island Day School holds itself out as a private independent school in Miami-Dade County and is self-proclaimed to be “one of South Florida’s finest independent schools.”
According to the complaint, A.M. is a well-adjusted, respectful, engaged, and academically on-track student with no disciplinary history or behavioral record who never gave the School a legitimate reason for removal. The lawsuit alleges that the School engaged in a targeted, pretextual, and retaliatory course of conduct that ultimately resulted in A.M.’s constructive dismissal in mid-March 2026, late in the academic year, leaving the family with few viable educational alternatives. The complaint also alleges that other students and educators experienced similar treatment.
The complaint states that on November 7, 2025, the School placed A.M. on a designation called “Academic Watch,” a term that appears nowhere in the Enrollment Contract, Parent-Student Handbook, Code of Student Conduct, or any other governing policy. It further alleges that the School had no written criteria, standards, or process for this designation, yet represented that it was imposed “in accordance with [the School’s] policies.”
The complaint further alleges that Head of School Arthur Viscusi received access to a condominium in Miami Beach valued at more than $1.5 million, owned by FIDS Housing LLC, an entity affiliated with the School. Plaintiffs contend this arrangement creates dependency on the Board of Trustees and raises questions about the independence and impartiality of decisions affecting A.M.
Plaintiffs allege they cooperated fully. They obtained a clean neuropsychological evaluation from a qualified, board-certified neuropsychologist (Dr. Lauren Miller), arranged required tutoring with A.M.’s Spanish teacher, and repeatedly sought clarification of the School’s authority. According to the complaint, the School ignored the evaluation, altered the definition of “school-approved evaluator” after the family had already relied on it, instructed the Spanish teacher not to provide the tutoring it had previously required, and directed teachers to alter narrative assessments after determining A.M.’s reports were “too positive” and needed to be made more negative.
The complaint also alleges that, after the parents raised concerns in writing, school administrators questioned other sixth-grade students about A.M. by name, and used leading questions in an effort to obtain adverse statements about him.
On March 13, 2026, the Board of Trustees, through Chair Jana Neff, issued a response that the complaint describes as ratifying the administration’s actions without independent review and criticizing the parents for speaking up. The complaint alleges that the School then imposed new conditions on continued enrollment, including banning direct parent-teacher communication, barring parents from campus without approval, the removal of Plaintiff Lauren Coleman from her role as Chair of the Parents Association, and prohibiting criticism of the School. The family says these conditions made continued attendance untenable and amounted to constructive dismissal.
The lawsuit further alleges that the School has refused to provide the family with complete copies of A.M.'s and his sibling’s educational records, instead insisting that records be sent only to schools chosen by the School.
Plaintiffs assert claims including breach of contract, tortious interference with advantageous business relationship, civil conspiracy, negligent and fraudulent misrepresentation, promissory estoppel, fraudulent inducement, false light invasion of privacy, and equitable accounting and inspection of records.
They seek compensatory and consequential damages, declaratory relief, and injunctive relief, including immediate court intervention to obtain access to educational records necessary to secure appropriate placement for their child, which they allege have been withheld.
The Verified Complaint in the current matter was filed by Joseph Montgomery, Esq. of Montgomery Law Group, PLLC, the firm behind EducationLawyers.com and is available here. For media inquiries and additional information, you may direct questions to Media@EducationLawyers.com.
⚖️ IMPORTANT NOTICE: The allegations described above are based on claims set forth in the complaint and are contested. The defendants have not yet responded, and all claims will be addressed through the legal process.
Contact Information:
Montgomery Law Group
Lynn Teti
561-208-5223
Contact via Email
educationlawyers.com
Read the full story here: https://www.pr.com/press-release/964802
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