Welcome to the May 2010 issue of our monthly newsletter dedicated to keeping you current on Education Law and related issues. |
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FEATURED CLIENT TESTIMONIALS:
"Thank you, the report hits all points and is excellent."
Nikki Wright, Esq.
N.R. Wright & Assoc PLCM Detroit, MI
"I am writing to advise that we recently settled the case and to thank you for your assistance in achieving this result. Excellent job."
David Hume, Esq.
Law Offices of David W. Hume Phoenix, AZ |
| Armellino v. Thomase, (N.Y.A.D. 2 Dept.) | |
May 3, 2010: Torts - Whether school district's failure to supervise was the proximate cause of a student's injuries was a triable fact issue. Genuine issues of material fact as to whether school district's failure to supervise was the proximate cause of the injuries sustained by a student who was pushed down by another pupil precluded summary judgment for the school district in the student's personal injury suit. The student deposed that, at recess, he and classmates began throwing pieces of asphalt at each other, that the teacher or teachers assigned to supervise recess failed to notice or halt the activity, and that the incident escalated until the other pupil pushed the student down, causing him to sustain a broken leg that resulted in several surgeries. |
| Shaw v. Weast, (C.A.4 (Md.)) |
May 2, 2010: Disabled Students - Parents of disabled student were not entitled to reimbursement for costs of unilateral residential placement. Under the Individuals with Disabilities Education Act (IDEA), the parents of a disabled student were not entitled to reimbursement for the costs of their unilateral residential placement of the student in another state. A private day school provided the student with a free appropriate public education (FAPE), and the student did not require residential placement. Furthermore, the student's individualized education program (IEP) was not legally deficient on its face because of its apparent failure to name a specific permanent placement for the student.
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| McFerren v. Farrell Area School Dist., (Pa.Cmwlth.) |
April 28, 2010: Standards and Competency - Statement by principal to student that "the white man is going to kick your ass" did not violate morals of community. A high school principal's statement to a suspended student and the student's father, that "the white man is going to kick your ass," did not violate the morals of the community, as required in order for the principal to be dismissed for immorality under Pennsylvania's Public School Code. The student had earned a double detention. When the principal told the student that he could not participate with his stomp group at a basketball game, the student unleashed profanities. After the student was suspended for participating with his stomp group anyway, the principal told the student and his father that in the work world he would be expected to follow rules and could not use profanity. The principal then made the objected-to statement. The principal, the student and the student's father were all African-Americans.
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| Doe v. School Bd. of Broward County, Fla., (C.A.11 (Fla.)) |
April 28, 2010: Civil Rights - Principal could not be held individually liable under 1983 for teacher's sexual harassment of student. A school principal could not be held individually liable under 1983 for a teacher's sexual harassment of a student where he did not personally participate in the teacher's sexual harassment, and was not on notice of a history of teacher's widespread abuse of female students. There was no basis for claiming that two prior complaints against teacher rose to the level of sexual harassment which was obvious, flagrant, rampant and of continued duration.
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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 a litigation consultant and 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 presented on the topic of bullying and specifically Phoebe Prince Case at the Annual National Student Safety and Security Conference held in Orlando, FL in April. He also appeared on NBC's New York Nonstop with Chuck Scarborough and discussed trends on school bullying.
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| Featured Articles | |
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The New Landscape of Bullying:
Criminal Prosecution, Civil Lawsuits
and the Supreme Court
Presented by Dr. Dragan
Student Safety and Security Conference, Orlando FL
The U.S. Department of Justice says that bullying has declined - let's take a closer look.
According to a new national survey, there has been a sharp drop in the percentage of America's children being physically bullied or beaten up by their peers.
A glaring, missing piece of this study is cyberbullying, which can be more damaging and pervasive than physical bullying. In a 2008 study, more that 17 percent of 6th-8th graders admitted to having been cyberbullied. This is an emerging trend yet to be fully explored.
The study was funded by the U.S. Department of Justice and found that the percentage of children who reported being physically bullied over the past year had declined from nearly 22 percent in 2003 to under 15 percent in 2008.
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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phone: 609.397.8989 | |
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