Welcome to the April 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 am pleased to enclose the following court order and narrative decision which clearly rules in our favor. I am delighted that you did such a fine job at the Rule 104 hearing."
Client: Beth G. Baldinger, Esq.
Organization: Stark & Stark
Location: Princeton, New Jersey |
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Keaveny v. Mahopac Cent. School Dist., (N.Y.A.D. 2 Dept.) |
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April 2, 2010: Torts - Any lack of supervision was not a proximate cause of injuries to a student hurt in a fight.
A fight in which a student was injured occurred in so short a span of time that even the most intense supervision could not have prevented it, and thus, any lack of supervision did not proximately cause the student's injury. Consequently, the school district could not be held liable in the student's personal injury suit.
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| Board of Educ. of Bay Shore Union Free School Dist. v. Thomas K., (N.Y.) |
April 2, 2010: Disabled Students - School district was required to provide disabled student with an individual aide at his nonpublic school.
New York's dual enrollment statute required a school district to provide a disabled student with an individual aide at his nonpublic school. The services of an individual aide were necessary for the student to receive a free appropriate public education. Such an aide fell within the statute's definition of "services," although the aide was not regularly providing instruction. This decision may not yet be released for publication. |
| Agbeti v. Los Angeles Unified School Dist., (Cal.App. 2 Dist.) |
April 1, 2010: Extracurricular Activities - School district had duty to use ordinary care in supervising after school playground program where child was sexually assaulted.
A school district and various school employees owed a duty of ordinary care to a child who was participating in a voluntary after school playground program. The child brought a tort action against the district, the school principal, the school assistant principal and the playground supervisor after she was allegedly sexually assaulted by other grade-school children while participating in the program. The court held that the defendants had a duty to use ordinary care in supervising the program, and found that what constituted ordinary care was a matter for the trier of fact. In addition, the defendants were potentially liable for the child's injuries if she could prove that the injuries were proximately caused by the defendants' alleged negligent supervision and were a foreseeable, unreasonable risk of harm. The court also noted that the child did not need to show that the very type of injury she sustained was foreseeable in the absence of adequate supervision. Rather it was required to show that it was foreseeable that one child may be assaulted by another child during the afterschool program in the absence of adequate protective safeguards. |
| Anthony v. School Bd. of Iberia Parish, (W.D.La.) |
March 29, 2010: Student Discipline - Elementary school student's due process rights were not violated in connection with his suspension.
An elementary school student's due process rights were not violated in connection with his suspension for disturbing instruction. The student allegedly brought a bag containing a white powdery substance into a school restroom. School officials followed Louisiana's statutory procedure in suspending the student, fulfilling procedural due process requirements. Moreover, the student was not punished in the absence of personal guilt, as would violate substantive due process. There was a rational basis for his suspension, namely, protecting against the threat of illicit drugs and furthering the school's interest in safety, and there was substantial evidence that the student had been involved in drug-related role playing with other children. |
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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 was invited to speak at the Annual National Student Safety and Security Conference to be held in Orlando, FL on April 15-16, 2010. Dr. Dragan has presented as a key note speaker at the New York Student Safety and Security Conference and presented at the National Conference last year in Las Vegas. To find out more about the conference or to register please visit
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| Featured Articles |
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Justice for Victims of Bullying
Blog Article by Dr. Dragan
School bullies will take notice if their peers are convicted in criminal court.
Phoebe Prince, the first-year student at West Hadley High School in Massachusetts committed suicide after relentless bullying.
This story has been covered by media around the country for the past several weeks.
This truly is a tragedy that has the ingredients to fashion a major advance in student rights.
Elizabeth D. Scheible, a district attorney in Massachusetts is taking on Phoebe's bullies through the criminal justice system. At least nine teenagers identified in the bullying tragedy are facing criminal charges, including criminal harassment which carries with it a two and one-half-year jail sentence a fine, or both.
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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