Welcome to the September 2010 issue of our monthly newsletter dedicated to keeping you current on Education Law and related issues. |
FEATURED CLIENT TESTIMONIAL
"I appreciated your prompt response to my requests for comment and/or critique of expert reports of our adversary. In addition, your insight was helpful in my trial preparation not only as it related to your report and testimony but expertise which permitted me to consider the impact of the newly adopted special education rules in New Jersey. Moreover, your willingness to consider the impact of Judicial Decisions on your report as well as my client's continued education program were very important to my continued grasp of the issues which we had to address."
Carl Palmisano, Esq.
Palmisano & Goodman
Woodbridge, NJ |
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ANNOUNCEMENTS
Dr. Dragan will be a featured guest on One-on-One with Steve Adubato on PBS. Dr. Dragan was interviewed about school bullying, the subject of his forthcoming book "The Bully Action Guide: How to Help Your Child and How to Get the School to Listen."
The show will air: Saturday, September 18th on Thirteen at 11:30 AM; Monday, September 20th on WLIW World at 7:00 AM and 1:00 PM; and Thursday, September 23rd on WLIW at 11:30 PM.
Dr. Dragan was invited to present at the Education Law Association Annual Conference to be held this year in Vancouver November 10-13, 2010.
His presentation, Understanding Liability in School Cases, is timely and relevant for attorneys and school administrators and will provide participants with a framework for determining liability in school cases. For more information about the conference go to www.educationlaw.org
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| Featured Articles | |
Washington Districts Search for Ways to Stop Cyberbullying
By Tanya Roscorla
on September 3, 2010 |
After being bullied in school and online this year, 15-year-old Phoebe Prince hung herself outside her Massachusetts home. As a result, school districts and states across the country have been updating policies and passing laws against bullying.
In May, Massachusetts and Wisconsin passed anti-bullying legislation. In June, New York followed suit, bringing the total of states with anti-bullying laws to 44.
In July, Chicago Public Schools increased the punishment for cyberbullying to suspension and possible expulsion - the same discipline that students receive for aggravated assault, burglary and gang activity. The updated student code of conduct also requires schools to notify the police.
In August, Seattle Public Schools included this phrase in its student code of conduct: "The district will respond to off-campus student speech that causes or threatens to cause a substantial disruption on campus or interferes with the right of students to be secure and obtain their education."
In September, the Oak Harbor School District School Board in Washington plans to vote on a revised students and telecommunication devices policy - one that will allow schools to search student electronic devices if they have a reasonable suspicion that it will reveal the student violated school rules like cyberbullying.
These Washington school districts have taken steps to protect their students from the damaging effects of cyberbullying, but their efforts also raise legal concerns.
Articles from previous issues:
Presented by Dr. Dragan at
Student Safety and Security Conference, Orlando FL
on April 15, 2010
Dr. Dragan's article published in American School, December 2009
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 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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| New Jersey's Division of Civil Rights' decision regarding bullying complaint |
August 31, 2010: Star Ledger reported - The New Jersey Division on Civil Rights (NJDCR) has found "probable cause" that the Old Bridge Township Board of Education failed to take sufficient steps to stop the harassment and bullying of a former middle school student, says the Star-Ledger. The probable cause finding, the first step in a procedure that could lead to a trial before an administrative law judge, came after the division investigated a complaint by the parent of a student who attended Jonas Salk Middle School school from 2004 to 2007. The parent claimed her son was bullied because of his perceived sexual orientation and Jewish faith. "It appears this student went to school in an extremely hostile atmosphere ... in which he was subjected to a level of bias-based harassment and torment that no young person should have to endure," said Chinh Q. Le, director of the Division of Civil Rights. He added, "With the new school year about to begin, this is the perfect time to remind school districts they have a duty to create and maintain a safe, nurturing and harassment-free learning environment."
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| Damages under § 504/ Rehabilitation Act for Denying Disabled Children Access to a Meaningfull Public Education |
August 26, 2010: A U.S. Court of Appeals for the Ninth Circuit (CA, OR, WA, AZ, MT, ID, NV, AK, HI, GU, MP) three-judge panel has ruled that the parents of two children with autism stated a valid claim for damages under§ 504 of the Rehabilitation Act against the Hawaii Department of Education (HDE) for denying their children meaningful access to the benefit of a public education. The panel concluded that the parents' allegations that HDE failed to provide the children with reasonable accommodations for their disabilities through autism-specific special education services, and failed to design the children's Individualized Education Programs (IEP) to meet their needs as adequately as the needs of non-disabled students were met, were sufficient to raise a question of material fact as to whether HDE was deliberately indifferent in violation of § 504.
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| School district ordered to pay plaintiff's attorney approximately $260,000 |
August 31, 2010: The Philadelphia Inquirer reports that a federal district court judge has ordered Lower Merion School District (LMSD) to pay approximately $260,000 to the plaintiff's attorney for work that resulted in the preliminary injunction that the judge issued in May. Judge Jan E. DuBois added that attorney Mark S. Haltzman could submit the rest of his bills when the case ended. The injunction prohibits LMSD from activating webcams on students' district-issued laptops without their consent and requires the district to implement new policies governing the use of technology. An LMSD spokesman said school officials were "deeply disappointed" in the decision.
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