Welcome to the May 2009 issue of our monthly newsletter dedicated to keeping you current on Education Law and related issues. |
FEATURED CLIENT TESTIMONIAL
"It was a pleasure working with you on this very difficult and challenging case. I was impressed with the thoroughness and insight of your report, and I suspect that the strength of your analysis was a factor in the Plaintiffs decision to agree to a settlement."
Harvey Freedenberg, Esq.
McNess, Wallace & Nurick
Harrisburg, Pennsylvania
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| Doe v. Merrill Community School |
May 3, 2009: Civil Rights - School district was not entitled to summary judgment on Title IX claim based on student-on-student sexual harassment.
A Michigan school district was not entitled to summary judgment on a female student's claim against it under Title IX. While she was an eighth-grader, a ninth-grade male student physically assaulted her by throwing her against locker at school, made a comment to her regarding a sexual favor, made sexual gestures toward her at a basketball game and attempted to start a physical altercation with her father on school premises, and finally raped her on school premises. Fact issues existed as to whether that conduct was sufficiently severe, pervasive and objectively offensive to be actionable, the degree of the school district's knowledge of the harasser's discipline problems at the school he previously attended and the pendency of criminal charges involving sexual misconduct against him, and whether the school district's response to the harassment, other than expelling the student after the rape, was deliberately indifferent.
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| Houston Independent School Dist. v. VP ex rel. Juan P., (C.A.5 (Tex.)) |
April 28, 2009: Disabled Students - Under IDEA, parents could recoup costs of a year at a private school that elapsed during pendency of court review of placement.
A state education agency's determination that a private school was the appropriate placement for a student with a disability amounted to an agreement between the school district and the student's parents that the private school was the appropriate current placement. In turn, under the IDEA's "stay put" provision, that agreement lasted for the pendency of the judicial review of the state agency's decision, which the school district had initiated. Thus, upon affirmance of the agency's decision, the costs of the year at the private school that elapsed during the pendency of the review were reimbursable, absent any default by the parents in requesting those costs.
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| Hough v. Shakopee Public Schools, (D. Minn.) |
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May 1, 2009: Civil Rights - Special needs students' Fourth Amendment rights were violated when they were subjected to daily searches at school.
An educational cooperative that operated special education programs in six Minnesota school districts violated the Fourth Amendment rights of special needs students when it subjected them to routine searches at the beginning of every school day. While the legitimate expectation of privacy retained by special education students fell below the already limited baseline level of privacy afforded to public school students generally, special education students nevertheless retained some legitimate expectation of privacy in their bodies, clothing, and personal possessions. On the whole, the searches involved were extraordinarily intrusive. As a general rule, students were asked to remove their shoes and socks, turn down the waistband of their pants, empty their pockets, and (at least sometimes) submit to a patdown. They had to pull up their pant legs if they were wearing baggy pants, and their backpacks and purses were searched if the students wanted to bring them into class. The searches were not justified by compelling government interests. Evidence that three of the five plaintiffs had in fact brought to school forbidden items that had been discovered during searches was insufficient to justify an intrusive search of every student day-to-day. |
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ANNOUNCEMENT |
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Education Law Conferences
Dr. Dragan will 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 as a key note speaker at the New York Student Safety and Security Conference on May 6, 2009 on the topic of IMPROVING STUDENT SAFETY: REAL CASES FROM K TO 12 SCHOOLS.
Educational Book Recommendation
Colin Gets a Chance, by author, Brian A. Beale, is an excellent educational tool in opening up the lines of communication with children as they learn about individuals with Down syndrome and how much these individuals are really just like them. The book is available for purchase at www.colingetsachance.com or on-line at Amazon, Borders, and Barnes & Noble.
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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Graduation Night's Silent Killer
by Edward F. Dragan
as published in the American School Board Journal
Nicole and Mark were found dead on the side of the high way just three miles from their high school the morning after graduation. On the side of the car was a sign that read "Class of 2005."
It wasn't alcohol that led to the accident -- it was sleep deprivation. The couple had left a school-sponsored all night graduation party at 7:00 a.m. Nicole was driving. She didn't drink at the party, but she had been awake since the morning before and fell asleep at the wheel.
This tragedy -- I've changed the names -- is based on a case I worked with in California a few years ago. It illustrates the danger of driving drowsy -- the second big killer on our highways.
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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