Welcome to the November 2010 issue of our monthly newsletter dedicated to keeping you current on Education Law and related issues. |
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FEATURED CLIENT TESTIMONIAL
"On behalf of the victim, Keansburg Police Department, and the Monmouth County Prosecutor's Office, I would like to thank you for your assistance in obtaining convictions of all of the defendants in this matter. The research and journal articles which you forwarded for my review were educational, and assisted me not only in dealing with the victim, but also enabled me to properly evaluate documents provided by the defense."
Jacquelynn F. Seely, Esq
Assistant Prosecutor, Monmouth County Prosecutor
Freehold, New Jersey |
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ANNOUNCEMENTS
Dr. Dragan's book The Bully Action Guide is now available for pre order. The book gives parents the tools to discuss bullying with their child; talk effectivley to teachers and administators; and educates parents on their rights and the school's legal obligations. To reserve your copy please click here to fill out the pre order form.
Dr. Dragan was invited to present at the Education Law Association Annual Conference to be held this year in Vancouver November 10-13, 2010.
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| Featured Articles | |
Cyberbullying and the Law
By October, 2010
Edward F. Dragan, EdD
Cyberbullying is one of the fastest-growing problems facing families and the people responsible for protecting our children: school administrators, lawmakers and law enforcement officials. Cyberbullying is such a new frontier, the laws that define and police it are, in many places, weak to nonexistent. Its "sudden" pervasiveness and severity is now shocking people into action as evidenced by the rash of suicides making national news and the resulting public outcry. Prosecutors are now trying to indict cyberbullies with the highest charges possible, but in some of the cases where the victim committed suicide, the punishment allowed by current laws is woefully insufficient.
It will take years of legal cases to establish penalties that match the severity of these crimes. Parents can be held accountable for their children's online activities if those activities are against the law. Since cyberbullying among children is almost always connected to schools for obvious reasons, the culpability of educators and administrators is being closely examined, with their future consequences likely to be more severe.
Read Full Article |
Articles from previous issues:
Article by Dr. Dragan, September 2010
Article by Dr. Dragan, September 2008
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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Learn more about us and how our education and school liability expertise can help resolve your education case.
phone: 609.397.8989 |
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Principal entitled to qualified immunity for student's substantive due process claim and school district not liable under Title IX
October 28, 2010-A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit (ND, SD, MN, NE, IA, MO, AR) has ruled that a high school principal was entitled to qualified immunity from a student's section 1983 claim for violation of her substantive due process rights based on the principal's failure to investigate allegations that the girls' basketball coach was involved in a sexual relationship with the student. The facts did not support a finding that the principal had actual notice of the coach's sexual abuse.The panel also ruled that, because of the principal's qualified immunity, the school district could not be held liable under Title IX. The principal was the appropriate person with authority to address the coach's misconduct; therefore, the school district could not be said to have actual notice of the misconduct for Title IX purposes. | |
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| Pennsylvainia school district facing claims that it failed to put an end to sexual assaults by male student |
August 12, 2010-
According to
Fox News.com, a suit brought by several female students charges that school officials at Upper St. Clair High School (USCHS) mishandled a case involving a high school student accused of sexually assaulting several female students, and allegedly used one girl as "bait" in a sting operation. Upper St. Clair School District (USCSD) has responded that the civil lawsuit is "without merit." Attorney David Barton, who represents two of the 5 girls and some of their parents, contends that the school knew his clients were in danger. Full Story |
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Idaho school district developing policy limiting teacher online interaction with students |
October 23, 2010-According to the Magic Valley Times-News, Minidoka County school officials are working on a new policy governing teachers' use of online social media and their correspondence with students. Minidoka County School District Superintendent Scott Rogers indicated that the policy revision is in response to increasing legal liability of districts as a result of the rising number of inappropriate teacher-student relationships nationwide, often fueled by the use of social media. "It may be an inconvenience for somebody, but that's too bad. We're trying to keep kids safe," Rogers said about the proposed policy.
Earlier this week, the school board treated its review of the policy, "Employee Use of Social Media, Personal Websites and Employee-Student Relations," as a first reading and will bring it back for further discussion next month. The school district's attorney Michael Tribe said the policy asks teachers to use their district e-mail accounts when corresponding with parents or students. Also, teachers are prohibited from talking with students on social media websites, and any communication between a teacher and a student must be related to subjects concerning the student's education or activities to which the teacher has been assigned.
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