Welcome to the August 2009 issue of our monthly newsletter dedicated to keeping you current on Education Law and related topics.
In this Issue :
State ex rel. Glenn v. Indus. Comm., (Ohio)
J.H. v. West Virginia Div. of Rehabilitation Services, (W.Va.)
State ex rel. Glenn v. Indus. Comm., (Ohio)
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FEATURED CLIENT TESTIMONIAL
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Christopher McGarry, Esq.
Nowell, Amoroso, Klein, Bierman, PC, Hackensack, New Jersey | |
| Featured Article |
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"Every student should feel that there is at least one adult in the school building that they can turn to for advice and support without fear of shame or reprisal."
Do Students Feel Safe in Our Schools?
By Edward F. Dragan
School Culture:
Schools can develop a "culture of safety" or an environment that provides positive adult role models and a place for open discussion where diversity and differences are respected and used as a catalyst for developing a climate of respect. In this type of school culture, communication between adults and students is encouraged and supported and conflict is managed and mediated constructively. The outrage of harassment and hurt, which so often is perpetrated upon our students, can be turned around into a teachable moment in a school where the culture encourages the development of these positive relationships.
The principal of the school is the person responsible for the development of such a school culture in which adults pay attention to students' social and emotional needs as well as their academic needs. These environments focus on "emotional intelligence" as well as educational or intellectual pursuits. The goal in this school environment is that students experience a sense of belonging and of respect. When students feel that they are respected by the adults around them, and that they fit in to their surroundings, they are less likely to engage in or be victimized by bullying or hurtful behavior.
A school culture characterized by bullying and meanness can lead to student isolation and fear. These environments allow behavior that fosters fear and fury that stunts the healthy development of the victims of that behavior, and may lead to psychological and physical violence.
Create the Connection:
In a culture of safety, each student has a positive connection to at least one adult - a teacher, a counselor, the vice-principal, the cafeteria aide or the bus driver. Anyone in the school who can provide a "sounding board" for the student should be taught how he or she can make a difference in the life of a student, and in the culture of the school. The role of the adult in the school is to support communication between students and adults about concerns and problems.
"Schools that emphasize personal contact and connection between school officials and students will take steps to identify and work with students who have few perceptible connections to the school. For example, during staff meetings in a school in a California School District, the names of students are posted, and school faculty members are asked to put stars next to the names of those students with whom they have the closest relationships. Faculty members then focus on establishing relationships with those students with few stars next to their names." (Threat Assessment in Schools: A Guide to Managing Threatening Situations and to Creating Safe School Climates, United States Secret Service and United States Department of Education, July 2004)
What Should the Principal Do?
In order to create a culture of safety the building principal should take the following steps:
Assess the school's emotional climate;
Emphasize the importance of listening to children;
Adopt a strong, but caring, stance against the code of silence among students;
Prevent and intervene effectively in bullying and all forms of harassment;
Involve all members of the school community in planning, creating and sustaining a positive culture;
Develop trusting relationships between each student and at least one adult at school; and
Create mechanisms for developing and sustaining a safe school climate.
Note: For those interested in finding out more about this topic and to obtain a copy of "Threat Assessment in Schools: A Guide to Managing Threatening Situations and to Creating Safe School Climates" go to the Department of Education's or the U.S. Secret Service Web Site.
FOR OTHER EDUCATION RELATED ARTICLES VISIT OUR Re-DESIGNED WEBSITE AND BLOG
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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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| S.J. ex rel. S.H.J. v. Issaquah School Dist. No. 411, (C.A.9 (Wash.)) |
August 4, 2009: Disabled Students - Behavior plan that allowed school to administer medication to disabled child did not violate child's rights under constitution or IDEA. The provision of a behavior plan which allowed a school to administer medication to a child with learning disabilities did not violate the child's rights under the United States Constitution, the Washington Constitution, or the Individuals with Disabilities Education Act (IDEA). The child's parents admitted that they were having difficulty getting the child to take the medication, opined that his failure to take his medication contributed to his explosive behavior, and agreed that the school district should administer the medication. The child's parents also obtained the child's doctor's permission for the school to administer the medication and facilitated the school's continued administration of the medication after the doctor adjusted the dosage. |
| J.H. v. West Virginia Div. of Rehabilitation Services, (W.Va.) |
August 4, 2009: Torts - Allegations of special relationship were sufficient for claim based on alleged sexual molestation to go forward. A plaintiff's allegations, in a negligence action against West Virginia's Division of Rehabilitation Services (DRS) arising from an alleged sexual molestation by a fellow resident at a state rehabilitation center, were sufficient to allow the claim to go forward pursuant to the "special relationship" exception to the public duty doctrine. The plaintiff alleged that he had a special relationship with DRS as a resident of the attendant care unit at the center, that DRS had full knowledge of his compromised mobility and of prior sexual predator acts at the center by the resident, and that DRS allowed the other resident private access to the plaintiff's bedroom. |
| State ex. rel. Glenn v. Indus. Comm., (Ohio) |
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August 3, 2009: Labor and Employment - Remand was required for determination as to whether teacher who sought TTD compensation was paid during summer months. Remand was required in a workers' compensation action to determine whether a teacher, who sought temporary total disability (TTD) benefits, received her wages during the summer break period. The teacher, who had elected to receive her salary over a 12 month period rather than a nine month period, applied for TTD benefits after she was unable to return to the classroom following an assault by a student. The Industrial Commission awarded her TTD compensation for her inability to work during the school year, but denied her compensation over the summer breaks. The court held that the teacher was entitled to some form of compensation during the summer break period, as she had elected the 12 month salary option. However, it was unclear whether she had been paid her wages during the summer break. Therefore, remand was required for a determination as to whether she had received her wages during the summer break. If so, she was ineligible for TTD compensation for that same period. |
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