Welcome to the April 2009 issue of our monthly newsletter dedicated to keeping you current on Education Law and related issues. |
FEATURED CLIENT TESTIMONIAL
"Without a doubt, the best credentialed and cooperative expert on education litigation issues. Excellent deposition. Excellent credentials and very responsive. I enjoyed working with you, and will seek your services in the future as needed."
Thomas C. Summers, Esq.
Law Offices of Peter G. Angelos
Baltimore, Maryland |
| Brown-Criscuolo v. Wolfe, (D. Conn.) |
March 24, 2009: Civil Rights -Principal had reasonable expectation of privacy in her e-mail files, allegedly accessed by superintendent.
A middle school principal had a reasonable expectation of privacy in her electronic mail files on her work computer, as required to maintain a 1983 Fourth Amendment action against the superintendent of schools for allegedly accessing and forwarding an e-mail and an attached letter. The letter, which informed the principal's lawyer about her concerns about her job, comported with the school district's policy that the computer system was for professional or career development uses. Also, while the district policy expressly permitted routine maintenance and monitoring of the system, there was no showing that routine monitoring was practiced, or that the superintendent conducted routine maintenance. |
| Doyle v. Binghamton City School Dist., (N.Y.A.D. 3 Dept.) |
March 20, 2009: Torts - School district was not liable for student's injury based on negligent supervision theory.
The fact that supervising personnel did not witness a collision between two fourth-graders in a physical education class at the exact time it occurred was not, standing alone, sufficient to hold the school district liable for the student's injury based on negligent supervision theory. Furthermore, there was no showing that alleged absence of adequate supervision was not the proximate cause of the injury-causing event.
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| G.N. v. Board of Educ. of Tp. of Livingston, (C.A.3 (N.J.)) |
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March 20, 2009: Disabled Students - Individualized education plan was reasonably designed to confer meaningful educational benefit tailored to child's specific needs.
An individualized education plan (IEP) for a child who was diagnosed with Developmental Reading Disorder (dyslexia) and Attention Deficit Hyperactivity Disorder was reasonably designed to confer a meaningful educational benefit tailored to the child's specific needs, as required under the Individuals with Disabilities Education Act (IDEA). The IEP did not contain a homework modification and the provision of supplemental reading program requested by the child's parents. However, the IEP was the product of a collaborative effort between the child study team and the child's parents and was designed to address the child's needs. |
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Learn more about us and how our education and school liability expertise can help resolve your education case.
phone: 609.397.8989 | |
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ANNOUNCEMENT |
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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 Articles |
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Education Experts Key to Effective Discovery in School Cases
An article published by the Lawyers Weekly featuring
Dr. Dragan
Educational institutions are more vulnerable to lawsuits than ever before. Cases can often turn on the testimony of an education expert who can offer opinions as to the reasonableness of a school's actions and help direct attorneys where to look for key information during discovery. This article discusses what an education expert can bring to a case, risks of not using and education expert and what attorneys should look for in an education expert.
Full Text Article
Strip-Search of Girl Tests Limit of School Policy
By ADAM LIPTAK
Published: March 23, 2009
Savana Redding still remembers the clothes she had on - black stretch pants with butterfly patches and a pink T-shirt - the day school officials here forced her to strip six years ago. She was 13 and in eighth grade.
An assistant principal, enforcing the school's antidrug policies, suspected her of having brought prescription-strength ibuprofen pills to school. One of the pills is as strong as two Advils.
Full Text Article
Articles from previous issues:
FOR OTHER EDUCATION RELATED ARTICLES VISIT OUR WEBSITE
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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, 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 Consulting, LLC | |
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