Welcome the January 2010 issue of our monthly newsletter dedicated to keeping you current on Education Law and related issues. |
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FEATURED CLIENT TESTIMONIAL
"I just want to let you know that Bryan and I both feel that you did a superb job yesterday at your deposition! Your testimony should go a long way in helping us settle this case."
Richard P. Broder, Esq.
Harold Hyams & Associates, P.C.
Tucson, Arizona |
| McGrath v. Dominican College of Blauvelt, New York, (S.D.N.Y.) |
December 28, 2009: Civil Rights - Mother of college student who committed suicide following alleged sexual assault adequately stated Title IX claim. The mother of a student at Dominican College in New York, who committed suicide after she was allegedly sexually assaulted on the college's campus, sufficiently stated the deliberate indifference element of her Title IX discrimination claim against the college based on student on student harassment. The mother alleged that the student faced three separate attacks of sexual violation on the night of the assault, that the student and her mother attempted to engage college administrators in dialogue the following summer to discuss accommodations that would allow the student to feel comfortable attending the college in the fall, and that the college failed to engage them in any meaningful discussions or take steps to ameliorate the discrimination adequately. |
| Oberhauser v. Mabe, (Ohio App. 12 Dist.) |
December 23, 2009: Labor and Employment - Teacher's fatal car accident on way to workshop was not in course of or arising out of her employment with school district. A car accident that killed a public school chemistry teacher, which occurred while the teacher was en route to a chemistry workshop scheduled at a nearby university, was not "in the course of" or "arising out of" the teacher's employment with the school district, thus precluding the teacher's surviving husband and minor children from obtaining workers' compensation benefits for the teacher's death. Even though the teacher planned to attend the workshop to maintain certification to teach for the school district, the school district superintendent did not direct the teacher to attend the workshop, none of the school district administration even knew that the teacher was attending the workshop, and the workshop was not during paid teaching time or school hours. Also, the teacher held a currently valid certification, and attendance at the workshop was primarily for her own benefit. |
| Oberhauser v. Mabe, (Ohio App. 12 Dist.) |
December 23, 2009: Labor and Employment - Teacher's fatal car accident on way to workshop was not in course of or arising out of her employment with school district. A car accident that killed a public school chemistry teacher, which occurred while the teacher was en route to a chemistry workshop scheduled at a nearby university, was not "in the course of" or "arising out of" the teacher's employment with the school district, thus precluding the teacher's surviving husband and minor children from obtaining workers' compensation benefits for the teacher's death. Even though the teacher planned to attend the workshop to maintain certification to teach for the school district, the school district superintendent did not direct the teacher to attend the workshop, none of the school district administration even knew that the teacher was attending the workshop, and the workshop was not during paid teaching time or school hours. Also, the teacher held a currently valid certification, and attendance at the workshop was primarily for her own benefit.
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| Dibartolo v. Stage One-The Hair Schools, (La.App. 3 Cir.) |
December 7, 2009: Torts - Triable issue existed as to whether hair school's lack of storage space for students' bags contributed to student's trip and fall.
A genuine issue of material fact existed as to whether a hair school's lack of storage space for students' bags, combined with the small classroom size and the number of students, contributed to an accident that occurred when a student tripped over her own bag while cleaning a classroom as she was assigned. This precluded the hair school from obtaining summary judgment on the student's negligence claim, regardless of whether the student could be found contributorily liable. This decision may not yet be released for publication. |
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ANNOUNCEMENTS
Dr. Dragan recently signed an agreement with Dystel and Goderich, a literary agency, who will be representing him and his forthcoming book "No More Tears: Bully-Proofing Your Child." This book will present compelling narratives describing instances of student harassment - all taken from case he has worked on. It will provide parents with a proven system for effectively communicating with school officials to turn the outrage of harassment into a teachable moment.
To read more about the issues that Dr. Dragan works on please visit our website and new blog. |
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| Featured Articles |
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A Worthwile Investment: A Lack of Oversight on Safety Issues Can Cost You Millions in Damages if Students are Hurt
Published in
American School, December 2009
The safety of children is of the utmost concern to school board members, administrators and teachers. Accidents do happen, of course, but you must do everything you can to make sure that the students in your care are not hurt. A lack of oversight on safety issues can cost districts millions of dollars in the damages awarded each year to families of children injured at school. Full Text Article
FOR OTHER EDUCATION RELATED ARTICLES VISIT OUR RE-DESIGNED WEBSITE AND BLOG
Articles from previous issues:
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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