Welcome the December 2009 issue of our monthly newsletter dedicated to keeping you current on Education Law and related issues.
We hope that you and your family will enjoy HAPPY HOLIDAYS this season! |
"It was a real pleasure working with you. Thank you for your professionalism and diligence in our dealings. You can count on us contacting you in the future if we should ever need an expert in the area."
Client: Jay Muhaisen, Esq. Organization: Muhaisen & Muhaisen Location: Aurora, Colorado |
| Maislin v. Tennessee State University, (M.D.Tenn.) |
November 29, 2009: Civil Rights - Claims of deliberate indifference to student-on-student harassment or to a hostile environment are actionable under Title VI. Claims of deliberate indifference to student-on-student harassment or to a hostile environment are actionable under Title VI's prohibition on race discrimination by entities receiving federal funds. A state university, however, was not deliberately indifferent to the alleged racial harassment of a Caucasian student by his African-American roommate prior to an incident in which the roommate physically attacked the student, as required for the student to establish a discrimination claim under Title VI. The only race-related problem between the student and his roommate brought to a university official's attention was the roommate's use of a racial slur generally not directed at Caucasian students, and the official explicitly told the roommate to reconsider his use of the slur. The student did not inform the official that the roommate had directed other racial epithets at him or that he felt racially harassed by the roommate, and did not request or suggest a change in roommates. |
| In re Lincoln, (N.Y.A.D. 3 Dept.) |
November 25, 2009: Labor and Employment - Substantial evidence supported determination that substitute teacher was entitled to unemployment insurance benefits. A ruling of the Unemployment Insurance Appeal Board, which determined that the claimant, a substitute teacher, was entitled to unemployment insurance benefits because he did not have a reasonable assurance of continued employment from the school district, was upheld despite the district's assertion that it had sent him a letter advising that he would be retained. The claimant denied receiving the letter, which was sent to the residence of the claimant's parents although he had been living elsewhere for an extended period of time, and the district never registered the claimant with the new substitute teacher service for the successive academic year. |
| Smith ex rel. Smith v. Seligman Unified School Dist. No. 40 of Yavapai County, Ariz., (D.Ariz.) |
November 19, 2009: Student Discipline - Suspension of public school student did not violate her constitutional rights. A thirteen-year-old public school student was not denied due process prior to receiving two temporary school suspensions of less than ten days each for her alleged use of alcohol and marijuana on school premises. The student was informed of what she was being accused of and the basis of the accusations, and she was given an opportunity to respond. In addition, the student's parents were not denied due process when the school did not timely notify them of their daughter's offense, in violation of the district's notification policy. |
| Morris v. Florida Agricultural and Mechanical University, (Fla.App. 5 Dist.) |
November 17, 2009: Student Discipline - State law school student was entitled to proper notice and hearing before he was expelled. A state law school, as a state agency subject to the provisions of the Administrative Procedure Act (APA), was required to afford its student with proper notice and a hearing before it expelled him. The primary reason for the student's expulsion was alleged fraudulent misconduct rather than poor academic performance. This decision may not yet be released for publication. |
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Dr. Dragan's latest blog entry:
The 12- and 13-year-old boys may face criminal charges after allegedly beating up 11 red-haired students at a Calabasas middle school. Most parents urge strong punishment.
For other blog entries and information please visit our new website www.edmgt.com |
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| Featured Articles |
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What Can You Do To Recognize the Signs That Could Result in Your Students Being Hurt? The Red Flag
Published in
American School Board Journal, December 2008
More and more news broadcasts focus on critical problems proliferating in schools around the country-bullying, teachers having sex with students, and rapes and murders in schools. The mentality that something "could never happen to us" is being dispelled by headlines about kids dying on class trips, losing fingers in shop class, being hit by cars at poorly planned bus stops and beating up their teachers.
It is the responsibility of the principal--to look for red flags, get information from those who report them, assess the situation, make modifications and protect kids. It is the responsibility of the central office and school board to make sure that the principal is doing his or her job. Full Text Article
FOR OTHER EDUCATION RELATED ARTICLES VISIT OUR RE-DESIGNED WEBSITE AND BLOG
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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