Welcome the February 2010 issue of our monthly newsletter dedicated to keeping you current on Education Law and related issues. |
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FEATURED CLIENT TESTIMONIAL
"Dr. Dragan was incredibly thorough and creative in his defense of my client, a small private school charged with negligence. He canvassed dozens of similar schools to confirm that they had the same procedures as my client, which greatly surprised and frustrated the plaintiff's council. His testimony at deposition exceeded my expectations. I would not hesitate to use Dr. Dragan again in the future."
Rick Ramsey, Esq.
Wicker, Smith, O'Hara, McCoy, Graham, & Ford, P.A.
Jacksonville, Florida |
| Washington v. Blackmore, (Conn.App.) |
February 2, 2010: Torts - Officer had probable cause to arrest school bus driver for assault. A town police officer had probable cause to arrest a school bus driver for assault. The officer arrived at the middle school in response to an emergency call from a student on the bus, stating that the bus driver had assaulted a passenger. The officer observed on one of the passengers redness on the left cheek and a bleeding scratch in his mouth. The school's principal informed the officer that students exiting the bus had reported that the bus driver had punched a student. A security guard at the school told the officer that a student had alleged that the bus driver had yelled and spit at the student and had hit and punched the student while on the bus.
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| Roe, ex rel. Callahan v. Gustine Unified School Dist., (E.D.Cal.) |
February 1, 2010: Athletics - School district exercised substantial control over players at football camp, as required for student's sexual discrimination and harassment claims. A school district exercised substantial control over the players at a football camp who harassed a student, as was required for the student's claim that the players' sexual discrimination and harassment violated Title IX. The football camp was sponsored and promoted by the school district's high school, its football coaches and administrators, was a core part of the football program, was under the supervision of high school teachers and coaches, the players were transported to and from the camp site by school buses and the coaches supervised the players during the bus ride. Finally, the camp was governed by a district administrative directive outlining supervision ratios, disciplinary procedures and control techniques.
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| Forest Grove School Dist. v. T.A., (D.Or.) |
January 31, 2010: Disabled Students - Equities under IDEA did not support requiring school district to reimburse parents for cost of tuition at private school. The equities under the Individual with Disabilities Education Act (IDEA) did not support requiring a school district to reimburse a student's parents for the cost of tuition at a private school. The decisive factor was that the parents appeared to have enrolled the student in the school not because of any disability recognized by the IDEA but because of his drug abuse and behavioral problems, which were unrelated to his difficulties focusing in school. The parents also chose an extraordinarily expensive option, in that the private school charged its students $5,200 a month.
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| People v. Ojeda, (Ill.App. 2 Dist.) |
January 29, 2010: Abuse and Harassment - Public high school was "public property" for purpose of statute enhancing battery to aggravated battery. A publicly funded high school constituted "public property," as required for a conviction under the statute enhancing an offense of battery to aggravated battery if the offense occurred "on or about public property." This was in spite of the fact that members of the general public did not have unlimited access to the school. The general public's restricted access to high schools and other government property was intended to ensure the maintenance of order and safety, not to restrict the public's access. This decision may not yet be released for publication. |
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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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ANNOUNCEMENTS
Dr. Dragan's education blog features the first of a two-part article about the liability of schools and school personnel for negligence.
Dr. Dragan was the education administration expert who provided consultation on the Roe, ex rel. Callahan v. Gustine Unified School Dist., (E.D.Cal.) one of the cases featured in this issue. |
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| Featured Articles |
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Part One - The elusive mean kids ...How their words can hurt and cause damage!
Published by Ross Ellis
NY Parenting Issues Examiner
January 26, 2010
"After moving to Massachusetts from Ireland at the age of 15, all Phoebe wanted was to be liked in her new hometown, school and by all her friends.
As a freshman student at South Hadley High, she briefly dated a senior who was a football player. What ensued after the breakup was abuse from the "mean girls" at her school.
They stalked Phoebe, called her a slut and at times even an "Irish slut." The name-calling, the stalking, the cyberbullying and the intimidation was relentless.
Ten days ago, the "Mean Girls" followed Phoebe while she was walking home from school and threw an energy drink at her. Phoebe kept walking, past the abuse, past the can, past the white picket fence, into her house. Then she walked into a closet and hanged herself. Her 12-year-old sister found her." 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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phone: 609.397.8989 | |
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