Welcome to the May 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. |
| ANNOUNCEMENT |
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This year Education Managment Consulting, LLC is celebrating 15 years of service to the education and legal community! Please save the date for our OPEN HOUSE celebration on June 6, 2008 at 3:00 PM to 7:30 PM. The OPEN HOUSE party will be held at our new office in Lambertville, NJ.
We are also launching a new service, Foreign Credential Evaluation, for Immigration Attorneys and individuals filing for employment visas. For more information please contact our office. |
| Milligan-Hitt v. Board of Trustees of Sheridan County School Dist. No. 2, (C.A.10 (Wyo.)) |
April 29, 2008:
Labor and Employment - School district's superintendent was not the final policymaker for hiring decisions.
The school district's superintendent was not the final policymaker for hiring decisions, even though the district's Board or Trustees could only act upon the recommendation of the superintendent on hiring matters. Thus, the school district could not be held liable under 1983 for the superintendent's decision declining to recommend applicants for administrative positions allegedly based on their sexual orientation. Under Wyoming law, the Board of Trustees was vested with the authority to make personnel decisions, and if the Board did not like the candidates put forward by the superintendent it could demand new ones. |
| Ward v. Barnes, (D.N.J.) |
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April 28, 2008:
Disabled Students - Summary judgment was precluded for teacher on intentional infliction of emotional distress claim.
Under New Jersey law, genuine issues of material fact existed as to whether a supervising teacher intended or recklessly disregarded a beating of a student with cerebral palsy by other students, and whether student suffered severe emotional distress as a result of the beating. Thus, summary judgment was precluded for the teacher on the student's claim of intentional infliction of emotional distress. |
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| Harper ex rel. Harper v. Poway Unified School Dist., (S.D.Cal.) |
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April 25, 2008:
Religion - Inclusion on school's website of links to anti-homosexuality websites did not violate Establishment Clause.
The inclusion on a school district's website of links to websites expressing a theological position on homosexuality, coupled with the detention of student for wearing anti-homosexuality T-shirt, did not violate the Establishment Clause. There was no showing that the district's actions lacked a secular purpose or a primarily secular effect, or created an impermissible entanglement with religion. |
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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 include case review and analysis, expert testimony, school reviews in custody matters, risk analysis, education credential evaluation, presentations and 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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Setting the Boundaries: Sexual Harassment in Schools
as published in The School Administrator, December 2006
"Should I tell my principal that Bob said he was planning to sleep with one of his students during the class trip? I think I'll just keep out of it: that's their business."
"I am in 10th grade and feel uncomfortable when Mrs. Atkins rubs my shoulders and gets real close to me, but I don't know what to do about it."
"I am going to tell the principal that Mr. Harris winked at me and rubbed up against me in the hallway. That should get him in trouble for giving me a D on my paper."
Scenarios such as these are not uncommon in junior and senior high schools. According to the National Center for Educational Statistics, 59 percent of secondary schools and 54 percent of middle schools report incidents of sexual harassment.
School employees always must be aware of how student encounters might be viewed and interpreted by others. When in doubt about how a school employees's actions might be perceived, an administrator should err on the side of caution.
FOR OTHER EDUCATION RELATED ARTICLES VISIT OUR WEBSITE
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phone: 609.397.8989 |
| 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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