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Welcome to the the September 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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New York Times Co. v. Spartanburg County School Dist. No. 7, (S.C.)
August 14, 2007
The provision of the Freedom of Information Act (FOIA) requiring a public body to disclose materials relating to "not fewer than the final three applicants" in the search to fill an employment position required a school district, which was searching for a school superintendent, to disclose not just the final two applicants it deemed to be "finalists," but to disclose the final group of applicants numbered more than two, which was a group of five "semi- finalists." The term "final" in the statute referred to the last group of applicants, with at least three members, from which the employment selection was made. The school district could not avoid disclosure by naming only one or two "finalists." | |
E.N. v. M. School Dist., (Pa.Cmwlth.)
August 13, 2007
There was substantial evidence to support the Pennsylvania Special Education Due Process Appeals Panel's decision that a child was not in need of specially designed instruction and, therefore, did not meet the criteria as a student eligible for gifted services. The results of the school district psychologist's evaluation were consistent with those privately obtained by the parents. While the child displayed some characteristics of giftedness, she also displayed some characteristics that suggested against a finding of giftedness. Furthermore, the child was already accelerated because the child was placed in first grade, whereas, by age, the child would normally have been in kindergarten.
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S.G. v. District of Columbia, (D.D.C.)
August 12, 2007
A hearing officer's declaration, in a summary of the evidence, that there had been no denial of the free appropriate public education (FAPE) required by the Individuals with Disabilities Education Act (IDEA) had no support in the record and would be vacated. The hearing officer had no authority to reach such a legal conclusion because no evidence was presented. The fact that the declaration was only in the officer's summary of the evidence, and not in his decision, judgment, order or decree, did not render the declaration beyond review. | |
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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 in custody matters, risk analysis, 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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| September Feature Article |
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Educators as Expert Witnesses
by Diana Digges
This was one family court battle where the sides were even: both parents were near perfect, and their son had adjusted beautifully to the divorce and joint custody. But Mom was moving, again, and the judge was having a tough time deciding how the fifty-fifty custody should be modified.
Then the Mother's lawyer called in the education experts, and that tipped the case.
"The judge said he had nothing else to break the tie," says Leslie Billman, a family lawyer in Annapolis, Md. "These were two very good parents who had shared joint legal and physical custody for years with no problems."
The Maryland ex-couple may be unusual in their civility, but there predicament shows how even the most amicable custody arrangements can sour over school choice. As more people move about, the issue of where kids will attend school and what that school offers compared to their current situation is becoming more significant in family law. A lot of data is available on schools from public sources, but the quality varies, and the ability to interpret it is in demand, both lawyers and education experts say.
Increasingly, courts are turning to education experts when they weigh the factors in family matters. Of course the emotional relationship between the child and parent is still the primary factor in awarding initial custody, but school evalaution by an expert has proved increasingly critical in custody reviews and relocation requests.
Full Text
Other relevant articles are available on our website.
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