Fisher Island Day School Sued; Complaint Alleges Invented Rules, Retaliation, and Improper Disciplinary Practices
The allegations described 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.
Fisher Island Day School Sued for Allegedly Inventing Rules, Smearing a Well-Adjusted, High-Performing Student, and Retaliating Against Parents
MIAMI, FL – LAWSUIT FILED on MARCH 31, 2026
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 complaint alleges that the School engaged in a coordinated effort that the parents characterize as a “smear campaign” against a student with no prior disciplinary or behavioral record.
The complaint alleges that the School created and applied an “Academic Watch” designation that does not appear in any governing policy or handbook.
The complaint alleges that teachers were directed to modify or alter student reports, including making positive feedback more negative.
The complaint alleges that, after the parents raised concerns, the School took retaliatory actions, including restricting campus access, removing Lauren Coleman from her role as Chair of the Parents Association, and imposing conditions that made continued enrollment untenable.
The complaint alleges that certain administrative and governance decisions were influenced by financial and structural relationships that raise questions about independence and impartiality.
The complaint further alleges, upon information and belief, that similar conduct has affected other students and educators.
ABOUT FISHER ISLAND DAY SCHOOL
Fisher Island Day School holds itself out as a prestigious private independent school in Miami-Dade County and is self-proclaimed to be “one of South Florida’s finest independent schools.”
ALLEGATIONS REGARDING THE STUDENT
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 to target him. 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 further alleges that A.M. is not the only student affected. The complaint further alleges, upon information and belief, that other students and educators have experienced similar conduct at Fisher Island Day School, including the use of undefined rules, selective enforcement, and predetermined removal decisions.
THE “ACADEMIC WATCH” DESIGNATION
The complaint alleges that on November 7, 2025, the School placed A.M. on a newly invented 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.”
ALLEGED FINANCIAL AND GOVERNANCE CONCERNS
The complaint further alleges that Head of School Arthur Viscusi receives a substantial benefit in the form of access to a luxury condominium in Miami Beach valued at more than $1.5 million, owned by FIDS Housing LLC, an entity affiliated with the School. The complaint alleges that these arrangements create significant dependency of the administration on the Board of Trustees. The complaint alleges that these arrangements may give the Board substantial influence over the Head of School and raise questions about the independence and impartiality of decisions affecting A.M.
PARENTS’ EFFORTS AND SCHOOL RESPONSE
Plaintiffs allege they cooperated fully and that 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 failed to utilize or meaningfully consider the evaluation in its decision-making, 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.
ALLEGED STUDENT QUESTIONING
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 a manner the complaint characterizes as an effort to generate adverse statements.
BOARD ACTIONS AND ALLEGED RETALIATION
According to the complaint, 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 complaint alleges that these conditions made continued attendance untenable and amounted to constructive dismissal.
ACCESS TO EDUCATIONAL RECORDS
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.
LEGAL CLAIMS ASSERTED
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 contend have been withheld.
PRIOR LITIGATION AGAINST THE SCHOOL
Public court records reflect that the School has previously been named in litigation in the Circuit Court of the Eleventh Judicial Circuit in Miami-Dade County in an action brought by a former teacher alleging unlawful discrimination and unequal treatment in compensation and benefits. The plaintiff in that case alleged that she was paid less than a similarly situated male teacher, denied certain benefits, and that her contract was not renewed under circumstances she contended were discriminatory.
COUNSEL AND CONTACT INFORMATION
The Verified Complaint was filed by Joseph Montgomery, Esq. of Montgomery Law Group, PLLC. and can be viewed here. For media inquiries, contact 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.