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January 2011 NEWSLETTER
HAPPY NEW YEAR and Welcome to the January 2011 issue of our monthly newsletter dedicated to keeping you current on Education Law and related issues. 
FEATURED CLIENT TESTIMONIAL

Client: Harvey Freedenberg, Esq.
Organization: McNess, Wallace & Nurick
Location: Harrisburg, Pennsylvania

"It was a pleasure working with you on this very difficult and challenging case. I was impressed with the thoroughness and insight of your report, and I suspect that the strength of your analysis was a factor in the Plaintiffs decision to agree to a settlement. "
ANNOUNCEMENTS 
 
Dr. Dragan's book The Bully Action Guide is now available for pre order on Amazon.

    "This book is an indispensable tool and support for parents of children dealing with bullying issues in school. Ed Dragan empowers parents to take action and protect their children from harassment and teaches them to intervene effectively with teachers and principals."
 --Jodee Blanco, New York Times bestselling author of Please Stop Laughing At Me
  
Featured Articles
  
 

 

School Learns Lesson in Facebook Case

 

By David L. Hudson Jr.

 First Amendment Center  

Let's just say this school has learned a lesson.

Pembroke Pines Charter High School has settled a First Amendment lawsuit brought by then-student Katherine "Katie" Evans after the principal suspended her for making negative comments on Facebook about a teacher.

 

In 2007 Evans, then a senior at Pembroke Pines, criticized her AP English teacher, Sarah Phelps, posting on her Facebook page comments including: "Ms. Sarah Phelps is the worst teacher I've ever met!" Evans removed the post a few days later, but Principal Peter Bayer suspended her for three days for violating the school's cyberbullying/harassment policy. Bayer also removed Evans from AP-level classes.

 

Evans filed a federal lawsuit in 2008, contending that Bayer violated her First Amendment free-speech rights. In February 2010, U.S. Magistrate Judge Barry L. Garber issued an order refusing to dismiss Evans' lawsuit.

 

 
 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

Liability of Schools for Student/Staff Injury 
Blog Article by Dr. Dragan, February 3, 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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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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In This Issue
Students file suit against Missouri after removal from cheerleading for cyberbulling
Florida charter school settles suit brought by student disciplined for off-campus Facebook posting
Suit filed against Texas school district over school officials revealing student's sexual orientation to mother

Students file suit against Missouri after removal from cheerleading for cyberbulling

 

January 4, 2011-

According to Courthouse News Service, two students have filed suit in federal court against Seneca R-VII School District claiming that they were kicked off the cheerleading squad in violation of their constitutional rights after being accused of cyberbullying. The suit contends that although no charges were filed against the students by the Newton County Sheriff's Department after an investigation into the cyberbullying allegations, they were removed from the squad "... for conduct alleged, but yet not proven in any administrative hearing or court of law, to have occurred off campus and not on school time." 

Full Story


Suite filed against Texas school district over school officials revealing student's sexual orientation to mother

 

January 2, 2011- A mother has filed suit in federal court against Kilgore Independent School District (KISD) on behalf of her daughter claiming invasion of privacy, says Courthouse News Service. The suit claims high school coaches invaded the student's privacy by aggressively confronting the girl about her sexual orientation, and that the school district covered for them with the bogus excuse that the school was "legally obligated to share this information with the parent." In addition to KISD, the suit names the head softball coach, the assistant softball coach, and the assistant athletic director.

Florida Charter School settles suit brought by student disciplined for off-campus Facebook posting.

January 3, 2011-According to On Point, Pembroke Pines Charter High School (PPCHS) has agreed to settle a free speech suit brought by former student Katherine Evans. Evans was suspended by PPCHS Principal Peter Bayer after she used her home computer to write, "Ms. Sarah Phelps is the worst teacher I've ever met!" in a Facebook posting. As part of the settlement, PPCHS will expunge Evans' three-day suspension from her disciplinary record. The school has also agreed to pay Evans $1 in nominal damages and $15,000 in attorney fees. 

Full Story