Welcome to July 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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Our Open House on June 6, 2008 was very successful! We want to thank all of our friends and clients that attended the celebration and helped us mark 15 years of service to legal and education community! |
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Gerry v. Commack Union Free School Dist., (N.Y.A.D. 2 Dept.) |
June 25, 2008: Torts - School districts established prima facie entitlement to judgment as a matter of law in student's personal injury action.
On motion for summary judgment in a student athlete's personal injury action, the defendants, two school districts and another student athlete, who threw shot that injured the plaintiff during the shot put event at a track meet, established their prima facie entitlement to judgment as a matter of law. The defendants presented undisputed evidence that the plaintiff assumed the risks associated with his voluntary participation in the shot put event. The plaintiff's deposition testimony established that he was an experienced shot putter who previously had participated in 10 to 15 similar track meets and who previously had thrown a shot between 100 and 200 times. The plaintiff's deposition testimony further established that he understood the procedures and the rules of the shot put event, including those related to safety, and that he also understood the inherent risks associated with the sport. |
| Jennifer D. ex. rel. Travis D. v. New York City Dept. of Educ., (S.D.N.Y.) |
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June 18, 2008: Disabled Students - Parent of student with ADHD, inter alia, was entitled to reimbursement for cost of student's tuition for ninth grade year.
The parent of a New York high school student with attention deficit hyperactivity disorder (ADHD) was entitled to reimbursement under the Individuals with Disabilities Education Act (IDEA) for the cost of the student's unilateral placement in an alternative special education program in his ninth grade year. Objective evidence supported the conclusion the student's individualized education program (IEP) placing him in a program with a 12:1:1 staffing ratio was inappropriate because it failed to mainstream him to the maximum extent appropriate, and therefore failed to meet the IDEA's requirement that his free appropriate public education (FAPE) be provided in the least restrictive environment. Additionally, the parent satisfied her burden of showing that her unilateral placement of her son in a program with a 15:1 staffing ratio was appropriate. In addition to evidence of the student's academic success and improved behavior and emotional progress in that program, objective supporting evidence included the testimony of the school's Director of Admissions for Special Education, special education teacher, and school psychologist. |
| Cuff ex rel. B.C. v. Valley Central School Dist., (S.D.N.Y.) |
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June 25, 2008: Civil Rights - Student's written threat to blow up school was not protected speech under the First Amendment.
A student's written threat to "blow up the school with all the teachers in it" had the potential to materially and substantially disrupt classwork and discipline in the school, so that it was not protected speech under the First Amendment. Although none of the student's classmates saw the threat, it was communicated directly to the teacher on the student's written assignment, and the message was violent. |
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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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Regular Assessment of School Procedures Can Reduce Risks
as published in
School Safety
Spring 1998
"How did this accident Happen?" "How could the school have prevented it?" Once an incident occurs, it is too late to ask these questions.
Our nation's schools pay millions of dollars annually in damages to school children injured in class, sexually assaulted by teachers, and harassed by fellow students. Since most cases settle privately, the general public and even some education insiders are not aware of the scope of such liability.
The following four instances chronicle occurrences that could have been avoided had the schools involved developed a risk analysis plan identifying potential safety hazards, emphasizing accountability and establishing procedures for creating and maintaining a hazard-free school.
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.
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| SECOND ANNUAL NATIONAL STUDENT & SAFETY CONFERENCE |
| Las Vegas, NV
November 20-21, 2008
Dr. Dragan will be a guest speaker at this conference on the topic of school bullying.
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Learn more about us and how our education and school liability expertise can help.
phone: 609.397.8989 | |
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