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Welcome to the the July issue of our monthly newsletter dedicated to keeping you current on Education Law and related issues. We hope you enjoy our letter and find the contents valuable to you and your clientele.
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| Casey v. Garden City Park New Hyde Park School District, (N.Y.A.D. 2 Dept.) |
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June 13, 2007
A basketball player injured when a hole in the surface of the basketball court at a schoolyard caused him to fall was deemed to have consented to the risk, thus precluding imposition of liability on the school district. The player voluntarily participated in the game and the hole was an open and obvious condition.
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Durkee v. Livonia Cent. School District., (W.D.N.Y.)
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June 11, 2007
The Individuals with Disabilities Education Act (IDEA) does not permit a school district to compel the evaluation of a student for determination of that student's eligibility for publicly-funded special education services where the student's parent has objected to such an evaluation and has refused to accept publicly-funded special-education services. Where a parent has waived any rights to publicly-funded special education services, requiring an evaluation over the objection of the parent would have no purpose.
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Smith v. Novato Unified School District, (Cal.App. 1 Dist.)
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June 7, 2007
A school district violated a high school student's right to exercise freedom of speech, and violated the statute guaranteeing students free speech rights in public schools, by announcing that the student's opinion editorial entitled "Immigration," which was published in the school's student newspaper and communicated the student's viewpoint in a disrespectful and unsophisticated manner, was not protected speech and should not have been published, and by ordering that the remaining copies of the newspaper be retracted. The school district's response would have had a significant impact on a person of ordinary firmness, and it inaccurately communicated to the student that his editorial was not within his rights to expression on campus.
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I am committed to providing individualized service to our clients while dealing with large and complex consultations quickly and professionally whether it involves expert testimony, school reviews, presentations or working with parents or schools to ensure children receive the appropriate education. I take pride in the fact that we respond to our client's needs personally and promptly. We continue to strive to combine the resources of a large firm with the personal consultant-client rapport of a small practice.
Sincerely,
Edward F. Dragan, Ed.D.
Founder and Principal Consultant
Education Management Consulting, LLC | |
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| July Feature Article |
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Education Experts Key to Effective Discovery in School Cases
By Eric Berkman
A growing number of accidents, sexual assaults, beatings, and even fatal shootings in schools across the country highlight the fact that our educational institutions are more vurnerable to lawsuits than ever before. When legal battles result, cases can often turn on the testimony of an education expert.
The education expert brings the expertise of having worked in an education enviroment, an understanding of the culture of schools, the culture of educational systems and an understanding of how those systems work. The expert also understands the complexities of implementing regulations, disciplinary plans and supervisory plans for students.
Ultimately if a case does go to trial, the role of the education expert is to educate the jury or judge in terms of that education culture and to provide an opinion as to whether a teacher or administrator acted reasonably or prudently under the circumstances. If there is no expert, the risk is that you might miss key information that could be obtained through discovery.
An attorney should look for an expert with hands-on experience, perferably as both a teacher and an administrator. Someone who has supervised other teachers and has a doctoral degree in educational administration, which provides training in a wide range of educational management issues.
Full Text
Other relevant articles are available on our website.
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