News from Education Management Consulting, LLC

August 2008 NEWSLETTER

Welcome to August 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

Dr.Dragan is currently writing a book entitled Danger Proofing School Aged Children.

Dr. Dragan also contributed to the August 2008 issue of the Real Simple Magazine.

In This Issue

Stacy v. Merrill, (N.C.App.)

C.T. v. Liberal School Dist., (D.Kan.)

Shapiro v. New York City Dept. of Educ., (S.D.N.Y.)

Stacy v. Merrill, (N.C. App.)

July 25, 2008: Transportation - Student's family members could not sue school board and officials for death caused by bus.

The family of a student who had been hit and killed by a school bus after falling from his bicycle could not sue the school board and school officials for negligence. The family alleged that the school failed to provide a safe exit routes for students, failed to teach students a safe manner to walk or ride home to avoid injury, and did not supervise or provide adequate training of bus drivers. The Court of Appeals ruled that the North Carolina Industrial Commission had exclusive jurisdiction in this case, as explicitly stated in statute. The Court went on to say that, even if the Commission did not have exclusive jurisdiction, the automobile exclusions of risk management plan and reinsurance agreement applied, and both the board and officials were protected by governmental immunity, which was not waived through the purchase of liability insurance.

C.T. v. Liberal School Dist., (D.Kan.)

July 30, 2008: Athletics - Title IX liability could not be based on school's failure to implement policies to avoid non-obvious risk of sexual abuse.

The mere operation of a weight-training program for student athletics run by an adult volunteer did not create a risk of sexual abuse of student athletics by the coach that should have been obvious to school officials, as required to hold the school liable under Title IX based on a "deliberate indifference to an obvious need for training" in failing to implement sexual harassment policies to avoid that risk. In so holding, the district court distinguished a case involving a college's failure to implement policies to avoid sexual harassment of students as a result of its program of inviting potential football program recruits to campus and encouraging other team members to show them a "good time" after an earlier incident of sexual assault.

Shapiro v. New York City Dept. of Educ., (S.D.N.Y.)

July 29, 2008: Civil Rights - Inference of age discrimination arose in high school teachers' ADEA suit, based on performance ratings and other factors.

An inference of age discrimination arose, as required to establish high school teachers' prima facie case under the Age Discrimination in Employment Act (ADEA), based on the evidence the teachers marshaled against the defendant municipal school board and principal. First, the teachers alleged that an overwhelming number of the "unsatisfactory" performance ratings given out to the school's teachers during a two-year period went to teachers over age 40. Second, all teachers transferred out to the school board's operation center, a perceived demotion, were over 40. Third, the principal told a teacher that he preferred to hire younger persons. Finally, one over-40 teacher had been fired and replaced by an underqualified candidate.

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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