Welcome to the March 2009 issue of our monthly newsletter dedicated to keeping you current on Education Law and related issues. |
|
FEATURED CLIENT TESTIMONIAL
"Dr. Dragan was incredibly thorough and creative in his defense of my client, a small private school charged with negligence. He canvassed dozens of similar schools to confirm that they had the same procedures as my client, which greatly surprised and frustrated the plaintiff's council. His testimony at deposition exceeded my expectations. I would not hesitate to use Dr. Dragan again in the future."
Rick Ramsey, Esq.
Wicker, Smith, O'Hara, McCoy, Graham, & Ford, P.A.
Jacksonville, Florida
|
| Halladay v. Wentacee School Dist., (E.D.Wash) |
February 27, 2009: Abuse and Harassment - School district did not breach its duty to protect fifth-grade student from having snow thrown or rubbed in his face.
A school district did not breach its duty to protect a fifth-grade student from having snow thrown or rubbed in his face by his fellow students on the playground. The district was not aware of any bullying incidents involving the student. The school had proper supervisory staff on the playground. The student failed to present evidence of objective manifestations of problems or injury caused by the incident.
|
| Martinek v. Belmond-Klemme Community School Dist., (Iowa) |
February 25, 2009: Labor and Employment - District had no authority under contract to terminate administrator before the end of her two-year term.
An administrator's position as superintendent and elementary school principal did not constitute a realignment of the school organization under the terms of her contract. Therefore, the school district did not have authority under the contract to terminate the administrator's contract before she completed her two-year term based on the realignment provision of contract. Pursuant to the policy manual in place at the time of the administrator's contract, the realignment provision only allowed for termination after the first year of the contract if the levels of instruction in the schools changed. |
| State ex rel. Juvenile Dept. of Clackamas County v. M.A.D., (Or. App.) |
|
February 24, 2009: Student Discipline - Probable cause was required for school authorities' search of student's person.
An intermediate appellate court has held that the Oregon constitution did not permit school authorities to conduct a search of a student's person based on less than probable cause, given the fact that the scope of the state constitutional protection against intrusions into a person's protected privacy interest exceeded that of the federal constitutional protection of a person's reasonable expectation of privacy, where the contraband retrieved as the result of such search was subsequently offered into evidence in a delinquency proceeding under the juvenile code.
|
| Quick Links |
Learn more about us and how our education and school liability expertise can help resolve your education case.
phone: 609.397.8989 | |
|
|
|
|
ANNOUNCEMENT |
|
Education Law Conference
Dr. Dragan was asked to be a presenter at the Annual Education Law Conference to be held in Maine this summer. For additional information about the conference please visit http://www.usm.maine.edu/pdc/edlaw/
Dr. Dragan will be presenting at additional conferences in the future 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. |
| Featured Article |
 |
Disability Harassment
Published on Enabledonline.com
November 2000
A Seattle student with cerebral palsy was awarded $300,000 in damages from her school after years of harassment by another student was allowed to take place. Her harasser regularly called her names, blocked her wheelchair's path with furniture and manipulated her chair's electronic controls so it rammed into walls.
The parent of the disabled student filed a lawsuit against the harasser and his family, which was settled out of court. She filed another against school officials for negligent supervision, claiming her daughter suffered emotional distress and physical harm because school personnel failed to protect her child from harassment. The U.S. District Court agreed.
As the liability and education expert who provided consultation on the Seattle case and similar lawsuits, I have seen the emotional and academic damage to students facing verbal and physical harassment because of their disabilities, sexual orientation, ethnicity or appearance. Full Text Article
Articles from previous issues:
FOR OTHER EDUCATION RELATED ARTICLES VISIT OUR WEBSITE
|
|
|
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, 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 clients' 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 | |
|
