Welcome to September 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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Dr.Dragan is currently writing a book entitled Danger Proofing School Aged Children. |
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New Jersey Dept. of Children and Families' Institutional Abuse Investigation Unit v. S.P., (N.J.Super.A.D.) |
August 29, 2008: Abuse and Harassment - Court clarifies requirements for findings of public school employee's inappropriate conduct.
Under New Jersey law, If the Department of Children and Families, Institutional Abuse Investigation Unit (IAIU), concludes that child abuse or child neglect allegations against a public school employee are unfounded but that the employee's conduct was unjustified or inappropriate, IAIU must state in its report the facts upon which the conclusion regarding unjustified or inappropriate conduct is based, which facts must have been tested for accuracy or must have been clearly corroborated by eyewitnesses to the purported incident. In stating those facts, the report may recite conflicting statements of witnesses, but immediately after such recitation, the report must clearly articulate that there has been no determination as to the accuracy of the conflicting statements. |
| Integrated Desin and Electronics Academy Public Charter School v. McKinley, (D.D.C.) |
August 28, 2008: Disabled Students - Charter school denied student free, appropriate, public education (FAPE) by not conducting disability examination.
A charter school denied a student, who had attempted suicide on school grounds, a free, appropriate, public education (FAPE) by not conducting disability examination within 120-days of being on notice of the student's potential disability. The school's failure to evaluate and set in place an Individualized Education Plan (IEP) within 120 days was not excused by any action of the parent or status of the child.
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| Brown v. District of Columbia, (D.D.C.) |
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August 27, 2008: Disabled Students - Remand was warranted to award compensatory education based on student's inappropriate placement for 4 months of school year.
A hearing officer's erroneous denial of any compensatory education award, pursuant to the Individuals with Disabilities Education Improvement Act (IDEIA), as amended, based on the school district's failure to provide appropriate placement for 4 months of the school year for an elementary student with learning disabilities, warranted remand to determine the amount of compensatory education required to provide the student benefits that would likely have accrued had he been given a free appropriate public education (FAPE). The student was left at a school which did not meet his needs, his academic achievement scores had declined, and an expert offered an individually tailored assessment of the student and his compensatory education needs.
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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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The Educator as a Consulting and Testifying Expert
As published in The Virginia Bar Association Journal, Winter 1996.
Eyewitnesses to the event may only tell what they saw, heard, felt or smelled: they are not allowed to tell what others have said (hearsay) or say what they think of the case. As a technical witness, on the other hand, an expert is allowed to express an opinion on any relevant issue falling within the scope of his or her expertise. The expert witness is presumed to be an impartial, disinterested witness who is simply explaining why and how things happen.
The educator as a consulting and testifying expert has become one of the most important tools that a lawyer can use in the dispute resolution process involving schools. When the consultant becomes an expert witness the relationship changes. This article explains how the expert educator assesses merits of a case, and provides consultation to lawyers who are working on education and school related cases.
FOR OTHER EDUCATION RELATED ARTICLES VISIT OUR WEBSITE
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| SECOND ANNUAL NATIONAL STUDENT SAFETY & SECURITY CONFERENCE |
| Las Vegas, NV
November 20-21, 2008
Dr. Dragan will be a featured speaker at this conference on the topic of school bullying and one student's unique and effective response.
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phone: 609.397.8989 | |
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