Welcome to the April 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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| Milbrand v. Kenmore Town of Tonawanda Union Free School Dist., (N.Y.A.D. 4 Dept.) |
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| March 26, 2008: Torts - School district did not negligently supervise student who slipped and fell during physical education class.
A school district did not negligently supervise a student who was injured while engaged in a game of "tape ball" during a physical education class, or otherwise fail to provide him with proper equipment to engage in the game. A teacher was present throughout the class, and closer supervision could not have prevented the student from suddenly slipping and falling. The school district used appropriate equipment in its accepted manner. Prior to the incident, no one had sustained an injury from use of the equipment, nor had the school district been informed that the equipment created a dangerous condition. | |
| Claudia C-B v. Board of Trustees of Pioneer Valley Performing Arts Charter School, (D.Mass.) |
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| March 30, 2008: Disabled Students - School was not required to modify grading system as IDEA accommodation to student with attention deficit.
A charter middle school did not deny a student, with Attention Deficit Hyperactivity Disorder (ADHD) and atypical learning disorder, the free appropriate public education (FAPE) required by the Individuals with Disabilities Education Act (IDEA), through adoption of a competency-based evaluation system. Under the system the teacher had flexibility in determining whether the student mastered subject matter, through use of tests, discussions or other methods, and simply passed or failed the student without awarding letter or numerical grades. The parents claimed the system denied them sufficient input regarding the student's progress to determine whether they should request additional assistance for him. |
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| DiStiso v. Town of Wolcott, (D. Conn.) |
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| March 30, 2008: Civil Rights - School employees could not claim qualified immunity from racial discrimination claim.
A school's principal, kindergarten and first grade teachers were not entitled to qualified immunity from a 1983 claim that they showed deliberate indifference to racial persecution allegedly inflicted on the only African-American student in class by his fellow students. There was no doubt that the employees were required to intervene to prevent further persecution. |
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I hope that our newsletter has provided you with valuable information. If there is anything else that you would like us to include please do not hesitate to give us your feedback.
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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Prevent Sexual Harassment Claims by Training Staff on Dealing with Student's Improper Advances
School districts across the
country have been spending lots of time developing policies addressing sexual harassment. Often, one important factor is overlooked-improper advances by students toward staff. Inappropriate behavior initiated by students toward staff can lead to sexual harassment claims. This article, published in School Superintendent's Insider, contains a model memo that superintendents can send to school staff telling them how to avoid inappropriate relationships with students and how to respond when students show improper advances toward them.
FOR OTHER EDUCATION RELATED ARTICLES VISIT OUR WEBSITE
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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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