Welcome to the October 2009 issue of our monthly newsletter dedicated to keeping you current on Education Law and related issues. |
FEATURED CLIENT TESTIMONIAL
"I appreciated your prompt response to my requests for comment and/or critique of expert reports of our adversary. In addition, your insight was helpful in my trial preparation not only as it related to your report and testimony but expertise which permitted me to consider the impact of the newly adopted special education rules in New Jersey. Moreover, your willingness to consider the impact of Judicial Decisions on your report as well as my client's continued education program were very important to my continued grasp of the issues which we had to address."
Carl Palmisano, Esq.
Palmisano & Goodman
Woodbridge, New Jersey |
| Governing Bd. of Ripon Unified School Dist. v. Commission on Professional Conduct, (Cal.App. 3 Dist.) |
October 5, 2009: Standards and Competency - Refusal to earn English learner certification was proper basis for termination of tenured teacher.
A school district acted properly in commencing proceedings to terminate a tenured music teacher who refused to earn a "Cross-cultural, Language and Academic Development" or other similar certificate to teach English learners. The teacher's termination would not violate the statutes making her life credential valid until revoked and authorizing her to serve as an employee of a school district in the capacity for which the credential was issued, because the teacher's credential did not preempt the school district from conditioning her employment on obtaining a new certification. The teacher's actions constituted "persistent refusal to obey reasonable regulations prescribed by the district," under the statute defining grounds for termination of a tenured teacher. |
| James D. V. Board of Educ. of Aptakisic - Tripp Community Consol. School Dist. No. 102, (N.D.Ill) |
October 2, 2009: Disabled Students - Evidence supported Impartial Hearing Officer's conclusion that school district appropriately considered independent evaluation of student, as required by Individuals with Disabilities Education Act. Preponderance of the evidence supported the Impartial Hearing Officer's conclusion that a school district appropriately considered the independent evaluation of a student completed by a dyslexia clinic, as required by the Individuals with Disabilities Education Act, but chose not to accept its recommendations, and nothing in the Act required the district to implement the independent evaluation's recommendations. The school psychologist testified that, when the student's parents presented the evaluation during the individualized educational program (IEP) meeting, the IEP team decided to reconvene the meeting later so that they could read the report. Minutes from the meeting corroborated the school psychologist's testimony. |
| Lopez v. Metropolitan Government of Nashville and Davidson County, (M.D. Tenn.) |
October 1, 2009: Disabled Students - Summary judgment was precluded on Title IX claims arising out of alleged oral rape of disabled student on school bus. Neither the plaintiffs nor a Tennessee city and county government and learning center which operated a private academy to which a disabled student was assigned were entitled to summary judgment on Title IX claims arising out a nine-year-old disabled student's alleged oral rape by an older student on his school bus ride home. Genuine issues of material fact existed as to whether the student was in fact raped. There was evidence to support the plaintiffs' position that the alleged victim was forced to perform fellatio on older student and that this would constitute rape of a child under Tennessee law, but the evidence was not definitive. Fact issues also existed as to whether the student's later difficulties in school were linked to that incident, whether the defendants had actual knowledge of the substantial threat of sexual harassment, and whether they acted with deliberate indifference thereto.
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| Com. v. Doe, (Va.) |
October 1, 2009: Civil Rights - Order lifting statutory ban that prohibited sex offender from entering school violated school district's constitutional authority to supervise students. A trial court's order that lifted a statutory ban that prohibited a convicted sex offender from entering school property, which order was subject to certain conditions, violated the school's constitutional authority to supervise its students. The Supreme Court rejected the interpretation of the statute proffered by the sex offender that the trial court had the authority to determine whether the sex offender could enter school property. However, this interpretation was contrary to the constitution that vested in the school board the authority to determine whether, and under what circumstances, a sex offender could enter school property. |
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Prevent Sexual Harassment Claims by Training Staff on Dealing with Student's Improper Advances
School districts across the country have been spending lots of time developing policies addressing sexual harassment. Often, one important factor is overlooked -- improper advances by students toward staff. Inappropriate behavior initiated by students toward staff can lead to sexual harassment claims. This article, published in School Superintendent's Insider, contains a model memo that superintendents can send to school staff telling them how to avoid inappropriate relationships with students and how to respond when students show improper advances toward them.
Full Text Article
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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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