Effective Discovery in School Cases - News from Education Management Consulting, LLC

NOVEMBER 2008 NEWSLETTER

Welcome to the November 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 will be teaching a 90 minute tele-seminar trough National Business Institute on December 29, 2008. He will be covering Search and Seizure in Schools. For more information and to register please go NBI's Website.

Dr.Dragan is currently writing a book titled "No More Tears: Dangerproofing Your Child." The book covers the full spectrum of harassment that can turn children into victims in schools including disability, sexual, gender, racial, and ethnic harassment as well as bullying.

In This Issue

Donovan v. Poway Unified School Dist., (Cal.App. 4 Dist.)

Whitwell v. Archmere Academy, Inc., (Del.Super.)

P. v. Newington Bd of Ed, (C.A.2 (Conn.))

Donovan v. Poway Unified School Dist., (Cal.App. 4 Dist.)

October 20, 2008: Abuse and Harassment - Title IX deliberate indifference standard applied to sexual orientation peer harassment action against school district.

Two high school students harassed by their peers for their perceived sexual orientation obtained money damages of $175,000 and $125,000 from their school district for its violation of state education antidiscrimination law. In order to prove the district's liability, the students had to meet the Title IX standard of showing "severe, pervasive and offensive" harassment, the district's "actual knowledge" of the harassment, and the district's "deliberate indifference." In this case, it was harmless that the trial court erroneously instructed the jury with the Fair Employment and Housing Act (FEHA) workplace harassment standard rather than the Title IX standard, because the students showed all the Title IX elements in establishing separate 1983 equal protection causes of action against the principal and assistant principal.

Whitwell v. Archmere Academy, Inc., (Del. Super.)

October 17, 2008: Torts - Child Victim's Act did not violate due process, and thus former student could bring action against school and teacher for alleged sexual abuse.

Child Victim's Act, which created a two year window allowing victims of childhood sexual abuse to bring civil suits previously barred by the statute of limitations, did not disturb any vested right in expiration of statute of limitations, and thus did not violate due process rights of alleged abusive teacher, school where teacher worked, and the religious organizations that ran the school. The statute of limitation was a legislative creation subject to change, and the lengthening of the statute of limitation was the resurrection of a lost remedy, rather than the destruction of a right.

P. v. Newington Board of Education, (C.A. 2 (Conn.))

October 10, 2008: Disabled Students - Disabled student's IEP complied with IDEA's requirement that he be placed in least restrictive environment.
The provision of a disabled student's individualized education plan (IEP) resolving that he would be in a regular classroom 74% of the time complied with IDEA's requirement that he be placed in the least restrictive environment. His parents contended that he should have been placed in a regular classroom 80% of the time. However, the evidence produced during the administrative proceeding demonstrated that education in a regular classroom could not be achieved satisfactorily.

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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