Welcome to the June 2009 issue of our monthly newsletter dedicated to keeping you current on Education Law and related issues. |
FEATURED CLIENT TESTIMONIAL
"Your report was well-written and thorough. Your testimony at the deposition was beyond expectations. Your expertise and ability to identify the key issues were extremely helpful. Your professionalism and knowledge are superb. Excellent job with no criticism."
Marty Esquivel, Esq.
Narvaez Law Firm
Albuquerque, NM |
| Ellis v. State, (Md.App.) |
May 20, 2009: Abuse and Harassment - Evidence supported "supervision of minor" finding in prosecution of high school teacher for abuse of a minor.
The evidence was sufficient, in a prosecution for sexual abuse of a minor who attended the high school where the defendant was a teacher, to support a finding that the defendant had responsibility for supervision of a minor at the time of the charged incident. The student had not been in any of defendant's classes since the previous year and was not a participant in any activities that he coached or advised. However, the incident occurred on school grounds on a school day about five to ten minutes after the bell ending classes had rung, and the student had not yet left the premises in the manner approved by her parents, i.e., driving her own car home. |
| Doe v. Coventry Bd. of Educ., (D. Conn.) |
May 22, 2009: Civil Rights - School board was not entitled to summary judgment on Title IX claim arising from failure to protect student from harassment.
A Connecticut school board was not entitled to summary judgment in a Title IX action in which it was alleged to have knowingly failed and refused to protect a high school student, who had been sexually assaulted by a fellow student off school grounds, from discrimination stemming from student-on- student sexual harassment. The student argued the harassment included both the conduct of the assailant's friends on and off school grounds and her seeing the student in school. It allegedly lasted three years and was allegedly so severe it required her hospitalization and removal from regular and day classes at school. There were numerous questions for the jury relating to the severity of the harassment, whether the school board was given adequate notice of the assault and harassment, and whether the school board's conduct amounted to deliberate indifference.
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| Mather v. Loveland City School Dist. Bd. of Edc., (Ohio App.1 Dist.) |
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May 18, 2009: Student Discipline - There was no right to appeal a school board's determination regarding student's suspension from football team.
In considering a school board's appeal from a common pleas court's decision to issue a preliminary injunction to prevent the school board from enforcing a decision to suspend a high school student from a portion of the football team's games, which was a consequence for the student's arrest for alcohol possession in violation of the athletic code, the Court of Appeals held that there is no legal right to appeal such a decision to a court of common pleas. The statute pertaining specifically to school board decisions to suspend or expel students from extracurricular activities does not create a legal right of appeal. Further, the high school student had no constitutionally protected due process right to play on the school's football team. The Court also held that, even if the jurisdictional question had not been dispositive, the state's Sunshine Act prevented the student from obtaining injunctive relief on the basis that his arrest record was improperly disclosed to the school. Since there was no Sunshine Act exception for juvenile arrests, a police officer was not prohibited from informing the school of the student's record.
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ANNOUNCEMENTS |
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Education Law Conferences
Dr. Dragan will be a presenter at the Annual Education Law Conference to be held in Maine on July 22, 2009. Dr. Dragan's presentation "Turning the Outrage of Harassment into a Teachable Moment" is based upon his upcoming book "No More Tears: Danger-Proofing your Child." For additional information about the conference please visit http://www.usm.maine.edu/pdc/edlaw/
Children should receive effective positive behavior supports developed within a comprehensive, professionally-developed plan. But, too often school personnel who have not been thoroughly trained in research-validated methods for promoting positive behavior change and crisis de-escalation resort to inappropriate abusive methods. Abusive methods not only place the student at risk of serious physical and psychological harm, but also violate his or her dignity and right to be free from abusive treatment. (To read The Council of Parent Attorneys and Advocates Declaration of Principles regarding the use of restraints and seclusion click here.) (http://www.copaa.net/news/Declaration.html) |
| Featured Articles |
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Regular Assessment of School Procedures Can Reduce Risks
by Edward F. Dragan
as published in School Safety
"How did this accident Happen?" "How could the school have prevented it?" Once an incident occurs, it is too late to ask these questions.
Our nation's schools pay millions of dollars annually in damages to school children injured in class, sexually assaulted by teachers, and harassed by fellow students. Since most cases settle privately, the general public and even some education insiders are not aware of the scope of such liability.
The following four instances chronicle occurrences that could have been avoided had the schools involved developed a risk analysis plan identifying potential safety hazards, emphasizing accountability and establishing procedures for creating and maintaining a hazard-free school.
Articles from previous issues:
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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.
As an education administration expert, 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 my firm responds 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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