Welcome to the January 2009 issue of our monthly newsletter dedicated to keeping you current on Education Law and related issues. |
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ANNOUNCEMENT |
We apologize if you were unable to download Dr. Dragan's last month's article published in the American School Board Journal. Please follow this link if you would still like to view What Can You Do To Recognize the Signs That Could Result in Your Students Being Hurt? The Red Flag.
Dr. Dragan's teleconference presentation on Search and Seizure in Schools was attended by attorneys all over the country who earned Continued Legal Education Credit for their participation. Participants from California, Florida, North Carolina and Illinois asked questions ranging from searching student cars in school parking lots to the policy of only allowing clear student back packs. You can request an audio CD and manual of the presentation by going to www.nbi-sems.com.
Dr. Dragan was asked to be a presenter at the Annual Education Law Conference to be held in Maine this summer. In addition, Dr. Dragan will be presenting other teleconferences on topics including sexual harassment in schools and school liability for student accidents. Look for future announcements
Dr.Dragan is currently writing a book titled "No More Tears: Danger-Proofing Your Child." The book covers the full spectrum of harassment that can turn children into victims in schools--disability, sexual, gender, racial and ethnic harassment. In addition the book covers bullying.
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| JG v. Douglas County School Dist., (C.A.9 (Nev.)) |
December 31, 2008: Disabled Students - District court abused its discretion by awarding fifty percent of the cost for private school's evaluation.
The district court abused its discretion by awarding fifty percent of the cost for a private school's evaluation of twins for learning disabilities, instead of full reimbursement for the evaluations, for the school district's failure to inform the parents of its impending evaluation, which deprived the twins of a free appropriate public education (FAPE) and violated the Individuals with Disabilities Education Act (IDEA). The conduct of the parents in seeking private evaluations was reasonable when they were not told that the school district would conduct evaluations. The district was obliged to conduct its own evaluations regardless of the private school's results and the parents' refusal to share the information obtained from the private school had no causal connection to the district's prior delay in providing notice. |
| Dawn L. v. Greater Johnstown School Dist., (W.D. Pa.) |
December 4, 2008: Abuse and Harassment - Pennsylvania school district was liable to eleven year old student who was subjected to sexual abuse by older student.
A Pennsylvania school district was liable in the amount of $22,000 to an eleven year old student who was subjected to sexual assault and lewdly harassing notes from another student and was deprived of the opportunity to attend middle school for almost two months, and $5000 for the emotional injury she experienced due to the district's unreasonable response to multiple notices of sexual harassment by the other student. The student-on-student sexual harassment took the form of unwelcome physical contact, much of it occurring in the middle school bathroom, and the passing of notes in which the harasser requested sexual favors and sought a renewal of the girls' "friendship." As required under Title IX, the district had actual knowledge of the harassment, its responses to the suspected harassment were unreasonable and indicated deliberate indifference, and the victim was deprived of access to educational opportunities and benefits. |
| DT v. Somers Cent. School Dist., (S.D.N.Y.) |
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December 10, 2008: Civil Rights - School district's response to racially-charged incident was not deliberately indifferent.
A school district's response to an allegedly racially-charged incident that occurred against a plaintiff student in the school cafeteria was not so deliberately indifferent as to be clearly unreasonable, as element of a hostile educational environment claim under Title VI. The student had allegedly been hit in the back of the head approximately 12 times by fellow students, and was accused of not being a "good nigger." After being informed of the incident, the defendants engaged in some forms of investigation, even though parents and student may have been in disagreement with the outcome. More importantly, the student was never again subjected to harassment by the students involved in the cafeteria incident. |
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| Featured Article |
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Litigation in Schools: How an Education Expert Can Benefit Your Case
Published in
The Nebraska Lawyer, March 2001
Assigning fault and responsibility in a lawsuit involving a school is rarely clear cut. Even the most experience attorney can find themselves lost in the complexity of the statutes and regulations governing schools. This article discusses the importance of an education expert in the dispute resolution process, and highlights how an attorney can use the consultation of an expert.
FOR OTHER EDUCATION RELATED ARTICLES VISIT OUR WEBSITE
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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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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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