Welcome to the March 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. |
| Brannum v. Overton County School Bd., ((C.A.6 (Tenn.)) |
February 22, 2008: Civil Rights -The videotaping by school officials of middle school students while they changed their clothes in the school locker rooms, using video surveillance cameras installed in the locker rooms, constituted an unreasonable search, in violation of the students' Fourth Amendment privacy rights. Neither the students nor their parents were aware of the video surveillance in the locker rooms. Students using the locker rooms could reasonably expect that no one, especially the school administrators, would videotape them, without their knowledge, in various states of undress while they changed their clothes for an athletic activity. School officials failed to institute any policies designed to protect the privacy of the students and did not even advise the students or their parents that students were being videotaped. Finally, there was no indication that the school officials entertained any concerns about student safety or security in the locker rooms that would reasonably justify the installation of the cameras there. The Sixth Circuit went on to hold that the students' right not to be videotaped while they changed their clothes in school locker rooms was clearly established, and thus, that the school principal and vice principal were not entitled to qualified immunity on the students' 1983 claims. |
| Johnson v. Ken-Ton Union Free School Dist., (N.Y.A.D. 4 Dept.) |
February 15, 2008: Torts - Factual issues precluded summary judgment for school district on proximate cause grounds in negligent supervision action. Material issues of fact existed as to whether the injuries that were sustained by a parent's son, who allegedly was picked up by another special education student and dropped on the floor, causing the son to fracture his tooth, took place within such a short time span that a greater degree of supervision would not have prevented it. These issues precluded summary judgment for the school district in the parent's action for negligent supervision on proximate cause grounds. The deposition testimony of the son and the other students indicated that four children were in the bathroom for approximately four minutes before the son was injured, during which time the children were playing, running, jumping, and making loud noises. |
| People v. Miller, (N.Y. City Crim. Ct.) |
February 1, 2008: Abuse and Harassment - Allegations were sufficient to establish that defendant teacher's actions constituted attempted sexual contact.
The allegations in a criminal complaint that a defendant teacher attempted to kiss a student over her initial objection, coupled with his allegedly physically and verbally coercive conduct in detaining the student inside his home, was sufficient to establish the existence of a prima facie case of attempted sexual contact. The court found that sexual abuse could include situations where an older and presumably stronger defendant, in a position of authority by virtue of being a teacher, forcibly detains a student inside his home and "asks" her to perform a sexual act. Any issue as to whether defendant brought his face close to student's because he was "awaiting her response" was an issue for the trier of fact, to be reserved for trial. |
| Clark County Bd. Of Educ. v. Jacobs, (Ky.App.) |
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February 28, 2008: Labor and Employment - Teacher's injury, which occurred while chaperoning students at an off-premises convention, was "work-related."
A workers' compensation claimant, who was a teacher that was injured while chaperoning a group of students from her employer's school to a school sanctioned convention, was performing a service to her employer at the time of the injury such that the injury was "work-related" and compensable under workers' compensation law. Even though the employer did not require the claimant's attendance at the convention, the claimant attended the convention as a sponsor of a school-based club, was paid while in attendance, and was required to obtain the principal's permission to attend. Moreover, the claimant's participation in extra-curricular activities was strongly encouraged by the employer, and the employer derived benefit from the claimant's attendance at the conference. | |
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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 Cosulting, LLC |
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| Featured Article |
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RECOMMENDATIONS FOR ADDRESSING VIOLENCE IN SCHOOLS
By Edward F. Dragan
The tragic realities of recent school killings, and similar instances of violence involving today's youth, have educators, policymakers, and communities searching for causes as well as methods of prevention.
Hit lists posted on Internet sites and plans made by students to "get even" when they are teased are symptoms of what we already know: Bullying, teasing, and discrimination are big problems for American children.
For the most part, our schools are getting it right. Nationally, the school dropout rate has steadily declined, the number of students with disabilities who are educated in regular classrooms has increased by nearly 20 percent in ten years, and almost sixty percent of our high school seniors go to college.
Schooling, as we know it today, with its emphasis on competition, academics, and "being on top" often does nothing to promote generosity or a commitment to the welfare of others. To the contrary, students are graduating thinking that being smart means looking out for themselves.
The full article presents four clear recommendations for teachers, administrators, parents and students for curtailing violence in schools. Full Text
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15TH ANNUAL EDUCATION LAW CONFERENCE
July 28-31, 2008
Portland, ME.
60 small workshops for educators + policy makers at all levels -nationally known experts on cutting edge topics in special ed, diversity, 1st amendment rights, civics, assessment, and more.
For more information please visit their website
www.edlaw.org | |
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