Friday, July 30, 2010


Education Management Consulting Blog

Justice for Victims of Bullying

Author: Edward F. Dragan
Category: Bullying, Harassment, School Safety, Suicide
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April 5, 2010

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.

Read more…

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Liability of Schools for Student/Staff Injury by Edward F. Dragan

Liability with respect to schools and school employees is generally based on the legal theory of negligence.  Negligence has been defined as: the omission to do something which a reasonable person would do or the doing of something which a prudent and reasonable person would not do; the failure to exercise ordinary care under the circumstances; conduct that a reasonably prudent person should realize involves an unreasonable risk of causing invasion of another’s interest; or, a failure to do an act that is necessary for the protection or assistance of another.

                For a plaintiff to prove negligence, generally, four elements must be proven: Read more…

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School Holds Tolerance Seminar as 3 Boys are Arrested in ‘Ginger’ Attacks

Author: sjubo
Category: School Safety, Student on Student Violence
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December 2, 2009

The 12- and 13-year-old boys may face criminal charges after allegedly beating up 11 red-haired students at a Calabasas middle school. Most parents urge strong punishment.

Students speak outMonique Kleinfinger and her daughter Samara, 12, recount how she was hit by a half-dozen other students at A.E. Wright Middle School on Nov. 20. “They seemed to think it was a big, funny joke,” Samara said. (Lawrence K. Ho / Los Angeles Times / November 30, 2009)

Read more…

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Supervision of Students and School Accidents — by Edward F. Dragan

Many of the cases for which I provide consultation to attorneys (both plaintiff and defense) involve the question of whether the school, through its employees, provided appropriate supervision to students when someone was injured or even killed.

In defense of the school, it should be noted that lack of supervision or inadequate supervision may not necessarily create liability; it must be shown that the lack of supervision is the proximate cause of the injury.  Further, for the plaintiff to recover there must be a duty to supervise the plaintiff on the part of the school.  Read more…

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How Safe is Your School?

Author: sjubo
Category: School Safety, supervision
Tags: , , , ,
September 21, 2009

September – the smell of a freshly waxed floor in your school.  This is something that teachers and school administrators are only too familiar with.  Along with the clean school, the textbooks piled up on the student desks and the neatly stacked library books always comes some anxiety.  When I was a teacher I remember the first-day-of-school nightmares.  In my dream was I was not able to control my class.  The students were running out the classroom door and I was not able to shout at them to “Come back to the room.”  When I became a principal I still had dreams before the opening of school.  These were different.  I couldn’t get the teachers to supervise their kids.  I don’t have those dreams any more but I’m still concerned about supervision of children and keeping them from harm. Read more…

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Strip-search of students.

Author: Edward F. Dragan
Category: Strip-searches
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September 3, 2009

Does requiring a student to remove their clothing to search for pain relief pills go too far?  After all, prescription and over-the-counter medicines are used dangerously and can cause death.  Should schools be able to search students they suspect of having prescriptive and over-the-counter medications if they know that there is a problem in the school with students selling these medications?

In 2003, Savana Redding was an eighth-grader in a small town of Safford, Arizona near the border of New Mexico.  That fall, a boy had gotten violently ill from taking pills at school.  When another girl was found with several white pills in a folder, she told Vice Principal Kerry Wilson that she got them from Savana.  The pills were prescription-strength ibuprofen and equivalent to two Advil tablets.

Savana said she knew nothing of the pills.  Her backpack was searched.  When no pills were found, Wilson sent her to the nurse’s office where she was told to remove her outer clothing and to pull out her bra and underwear to check for hidden pills.  Nothing was found.  Her parents filed a lawsuit against the school. Read more…

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Education Expert on Supervision of Children and School Accidents

Author: Edward F. Dragan
Category: School Safety, supervision
Tags: , , , ,
August 20, 2009

Inadequate supervision, or lack of supervision, is the most common allegation of negligence involving children in schools and other organizations.  It is estimated that 80% of plaintiffs’ allegations involve supervision.

            That being said, inadequate supervision, or lack of supervision, may not necessarily create liability – it must be shown that the lack of supervision is actually the proximate cause of the injury.  Further, for the plaintiff to recover there must first have been a duty to supervise the plaintiff on the part of the defendant.  A key element is the distinction between a duty to render “specific” supervision and a duty to provide “general” supervision.  Other issues deal with the competence of the person who is supervising, the location of the supervisor at the time of the injury and the number of supervisors on duty. Read more…

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Student Injury

Author: Edward F. Dragan
Category: Red Flags
Tags: , , , , , ,
June 29, 2009

More and more news broadcasts focus on critical problems proliferating in schools around the country-bullying, teachers having sex with students, sexual harassment, student accidents, and students getting killed on class on class trips.

As a school safety expert and education consultant to attorneys, I’ve faced an endless variety of challenges.  The only common thread is that when standards of supervision in school are lax, children get hurt. Read more…

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Sexual Harassment in Schools

Author: Edward F. Dragan
Category: Red Flags
Tags: ,

More and more news broadcasts focus on critical problems proliferating in schools around the country-bullying, teachers having sex with students, sexual harassment, student accidents, and students getting killed on class on class trips.

As a school safety expert and education consultant to attorneys, I’ve faced an endless variety of challenges.  The only common thread is that when standards of supervision in school are lax, children get hurt. Read more…

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Education Expert on Restraint and Isolation of Students in School

Author: Edward F. Dragan
Category: Red Flags
Tags: ,
June 26, 2009

Recently, the Prescott Unified School District in Arizona announced that it planned to dismantle a padded isolation room at one of its elementary schools that was used to isolate students with disabilities as punishment.  This was a six-foot by six-foot room in a public school!

Last month, when I conducted an on-site review of a private school as part of my legal consultation as an education expert with an attorney on a school shooting matter, I came upon two isolation rooms that were padded with black padding and lit by a 40-watt florescent bulb.  The principal told me that these are used as “incentives for the kids to follow the rules.” Read more…

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