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Welcome to the the October 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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| Kraynak v. Youngstown City School Dist. Bd. of Edn., (Ohio App. 7 Dist.)
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| October 1, 2007: Abuse and Harassment - Jury instruction on statute requiring teachers to report suspected child abuse incorrectly set forth a subjective standard.
A student's father brought a negligence action against a school board, alleging that a teacher had failed to report abuse that the student reported to her in his journal. A jury instruction on the issue of whether the teacher complied with the statute requiring teachers to report suspected or known child abuse should have presented the text of the statute, rather than stating that the statute "sets forth a subjective standard," given that there was no definitive case on point as to whether a teacher's suspicion was subject to an entirely subjective standard or an objective reasonable person standard. Furthermore, the testimony of an expert who testified on behalf of the school board was inadmissible to the extent that she editorialized on the contents of the statute, because the language of the statute spoke for itself, and because the expert incorrectly construed the requirements of the statute. | |
| Solan v. Great Neck Union Free School Dist., (N.Y.A.D. 2 Dept.)
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| September 30, 2007: Torts - A school district was not liable for a pedestrian's fall over a cement divider in a parking lot after a power outage.
A power outage did not relieve a school district of its duty to address the dangerous condition created by the loss of power when an otherwise open and obvious cement divider in a parking lot was obscured from view by darkness. However, the district did not have a reasonable time to address the darkness in the parking lot in the matter of minutes between the power outage and a pedestrian's fall over the divider, thus precluding imposition of liability in the pedestrian's personal injury suit. | | |
| Hinds County School Dist. Bd. of Trustees v. R.B. ex rel. D.L.B., (Miss.App.)
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| September 30, 2007: Student Discipline - Expulsion of student for possessing weapon was improper, as School Board made no effort to view fingernail file alleged to be a weapon.
The School Board's decision to uphold the Appeals Committee's recommendation to expel student for possession of a weapon was arbitrary and capricious, where the alleged weapon, described as a three-pronged fingernail file device, was not made available for the school board or the appeals committee to view. Further, the School Board acted arbitrarily and capriciously in delegating to the school superintendent its nondelegable duty to determine whether the fingernail file device was a "knife." |
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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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| Learn more about us and how our education and school liability expertise can help.
web: www.edmgt.com
phone:609.397.8989 | |
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Upcoming Presentations
Dr. Dragan will be a featured presenter at the National Business Institute, Hot Topics in School Law Seminar on November 13, 2007 in Pasadena, CA and on November 14, 2007 in Seattle, WA.
Dr. Dragan will be a featured presenter at the Annual Education Law Association Conference, Establishing Boundaries to Avoid Sexual Harassment in Schools, in San Diego, CA on November 17, 2007.
Information on Presentations |
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| October Feature Article |
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Litigation Support:
The Educator Expert
As a consulting and testifying expert, the educator has become one of the most important tools that an attorney can use in the dispute resolution process involving schools. Recent studies indicate that, in a school district with 3,500 students, there will be approximately one law suit per year. Special education and negligence litigation has risen considerably over the past ten years. Whenever new laws are passed increases in litigation are likely.
The education expert may be called upon to assist in all phases of support including investigation, preparation of interrogatories, discovery, observation at trial, and provision of expert testimony. In many cases, the effectiveness of the consultant will determine the outcome of the controversy.
Full Text
Other relevant articles are available on our website.
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