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Welcome to the February 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. |
| Doe v. East Baton Rouge Parish School Bd., (La. App. 1 Cir.) |
January 15, 2008: School Boards - School board was independently liable for student's sexual assault of fellow student that occurred on a school bus.
A school board was independently liable, under the doctrine of respondent superior, for a fifth-grade student's sexual assault of a third-grade student that occurred on a school bus. In this case, the bus driver, a school board employee, acknowledged that she violated the rules established by her supervisors when she got off the bus at a transfer point, which was when the assault occurred, and further acknowledged that she could have prevented the assault if she had been on the bus as required. In addition, evidence in the record indicated that there had been numerous assaults at the transfer point in the five years immediately preceding the incident. |
| Rost ex rel. K.C. v. Steamboat Springs RE-2 School Dist., ((C.A.10 (Colo.)) |
January 10, 2008: Abuse and Harassment - Learning-disabled student's statement that boys were bothering her did not give school actual knowledge of sexual harassment.
A learning-disabled student's statement to a school counselor that boys were bothering her did not provide a school district with actual knowledge that the student was being sexually harassed, and, thus, the district was not liable under Title IX. This was true despite the student's statement that at the time she did not know how to use the word "assault," and notwithstanding her parent's pleas to the counselor to find out what was bothering the student. |
| Biscotti v. Yuba City Unified School Dist., (Cal. App. 3 Dist.) |
January 8, 2008: Property and Contracts - School district was not liable for injuries sustained by child who used bicycle as ladder to reach over chain link fence.
A chain link fence on school property, separating the school grounds from adjacent residences, was not a "dangerous condition" that could subject the school district to liability for the injuries sustained by a nine-year-old child when he propped his bicycle against the fence, stood on top of the bicycle in an attempt to grab oranges from the neighbor's tree, and then slipped and fell, cutting his arm badly on the metal prongs on top of the fence. The child's use of his bicycle as a substitute ladder to reach over the fence was not a reasonably foreseeable use of the bicycle. Furthermore, the risk of falling and being seriously injured should have been obvious to the child. |
| Independent School Dist. 192 v. Minnesota Dept. of Educ., (Minn. App.) |
December 31, 2007: Disabled Students - Requirement that school district reimburse costs for private tutor was not appropriate remedy for IDEA violations.
Distinguishing the present case from two prior decisions, a Minnesota Court of Appeals held that a corrective action imposed on a school district by the Minnesota Department of Education (MDE) was not related to the district's violations of the Individuals with Disabilities Education Act (IDEA) and was therefore inappropriate. The corrective action required the district to partially reimburse a special-education student's father for the cost of hiring a private tutor. The district's IDEA violations, however, were primarily related to its failure to adequately address the student's ongoing aggressive/assaultive behaviors in his individualized education plans (IEPs). With respect to academics, the record plainly demonstrated, and MDE itself concluded, that the student had made adequate progress. | |
I am committed to providing individualized service to our clients while dealing with large and complex consultations quickly and professionally. These involve case review and analysis, expert testimony, school reviews in custody matters, risk analysis, presentations or working with parents or schools to ensure children receive an 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. Education Management Consulting, LLC
49 Coryell Street | Lambertville | NJ | 08530
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| February Featured Article |
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EDUCATION EXPERTS CAN ASSIST WITH CHILD CUSTODY SOLUTIONS
By Edward F. Dragan
Consider the following hypothetical situation:
"My ex-wife wants to move out of the state and I am concerned about the school my child is to attend. I don't think it's as good as the one he's in now. How do I find out?"
"My child is gifted and my ex-husband wants to send her to a private school. How do I know if that's the right thing to do?"
"My daughter has Down syndrome and my ex-wife wants to place her in an inclusive education program. How do I find out if that's going to meet my daughter's needs?"
Parents and their attorneys, are increasingly aware that desires they express about a child's education factor into custody decisions. Issues such as what school a child should attend and the relative quality of education offered in different school systems, for example, profoundly impact a child's future choices as well as the quality of life for the child and parents.
An education expert is an invaluable resource to provide consultation to attorneys and to assist the court to make crucial determinations at a time when emotions can overtake a parent's well-intentioned desire to provide a better quality of family life. The expert makes a considered and impartial recommendation concerning educational programs and placement and helps parents to make informed and beneficial decisions for their child's future.
Other relevant articles are available on our website. |
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