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3/6/2012· Accident Prevention & Safety

A Worthwhile Investment: A lack of oversight on safety issues can cost you millions in damages if students are hurt

By: Dr. Edward Dragan

The safety of children is of the utmost concern to school board members, administrators, and teachers. Accidents do happen, of course, but you must do everything you can to make sure that the students in your care are not hurt.

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9/7/2012· Education & Schools

Accountability and Special Education: Planning for Results

By: Dr. Edward Dragan

Schools seem to have little control over the financial and human resources that are dedicated to special education. How can accountability be achieved?

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12/13/2012· Education & Schools

After A Due Process Hearing, Then What?

By: Dr. Edward Dragan

Now that the administrative law judge ordered Heather into the regular fourth-grade classroom, none of the teachers want to have her, Maybe we shouldn't have filed for a due process hearing against the school. I think it backfired on us.

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11/25/2014· Education & Schools

Applying and Piercing Governmental Immunity in School Liability Cases

By: Dr. Edward Dragan

When a student personal injury in a public school triggers litigation, plaintiff and defendant attorneys must address the concept of governmental immunity. In general, governmental immunity shields public schools from tort litigation and liability. Governmental immunity is not universally applicable, however, depending on how the facts of a specific case accord with state or provincial laws. This article is about how governmental immunity in public school cases might be pierced and how schools can determine whether governmental immunity applies in school liability cases.

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9/25/2015· Education & Schools

Assessment of Liability: Child Abuse and Injury in Residential Care

By: Dr. Edward Dragan

In my profession as an education administration and student supervision expert, I have observed that residential schools and boarding schools present a higher duty than day schools to supervise children and a greater opportunity for the school to be found liable for child abuse and injury. When children are living and learning in a program 24/7, staff must demonstrate not only a professional standard of care, but also a reasonable and prudent parent standard of care. Although related, these standards are distinct and must be appropriately and reasonably applied in a setting where staff serves as surrogate parents and others serve as teachers, counselors, and psychologists. When a child is sexually assaulted, administered unnecessary corporal punishment, or is injured or dies in a residential school, both of these standards need to be addressed.

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1/9/2014· Education & Schools

Assistive Technology: A Guide for School Districts

By: Dr. Edward Dragan

This article reviews recent legislation and how that legislation effects compliance with student IEPs in regards to the equipment that can improve a student's ability to learn and interact with teachers, family, and friends. The article details the recommendation of devices and the school's responsibility in regards to their procurement, usage, and maintenance.

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6/21/2018· Employment

Avoiding Liability: Negligent Hiring and Supervision of School Bus Drivers

By: Dr. Edward Dragan

Statistically, it's safer to transport children to and from school by school bus than by car, according to the National Highway Traffic Safety Association. But accidents and other bus-related incidents that result in student injury and negligence are frequently causes for litigation. Leaving students on the bus when it arrives at school, sexual abuse of students by the bus driver, bus aide, or other students, and injuries caused by student misbehavior are just a few situations that might result in liability for a school district or contracted private bus company.

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9/10/2014· Sexual Abuse - Molestation - Harassment

Campus Sexual Assault and Harassment Lawsuits: Title IX Standards and Questions of Liability

By: Dr. Edward Dragan

In 2011, the U.S. Department of Education Office for Civil Rights (OCR) issued a "Dear Colleague" letter to college and university administrators about implementation of Title IX of the Education Amendments of 1972 in regards to campus sexual assault cases. Title IX prohibits discrimination on the basis of sex in education programs or activities in schools that receive federal funding. The letter explains that schools are required to develop and distribute policies regarding sexual harassment, designate a Title IX coordinator to oversee the school's duties, train staff and students in sexual harassment and violence issues, and establish an investigation procedure and an adjudication process. The letter did not articulate specific procedural safeguards, rules for the examination of evidence, or guidelines for the conduct of adjudication or hearing processes for cases of campus sexual violence.

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10/22/2014· Education & Schools

Child Injury and Daycare Negligence: Liability Expert's Analysis

By: Dr. Edward Dragan

Millions of children participate in programs operated by daycare centers, nursery schools, and camps across the United States and Canada. The most important aspect of childcare is the safety and supervision of children. When a teacher, recreation leader, camp counselor, or other supervisor is engaged in activities involving young children, there is a duty to protect the child from physical harm, sexual abuse, and other forms of personal injury. A breach of duty to protect the health, safety, and welfare of a child that leads to injury may result in daycare negligence lawsuits.

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2/21/2019· Sexual Abuse - Molestation - Harassment

Child-on-Child Sexual Abuse or Normal Sexual Behavior Between Young Children?

By: Dr. Edward Dragan

Sexual behaviors in young children can range from exploratory and normal to abusive and violent. Under federal law, the Title IX of the Education Amendments of 1972, schools have an obligation to protect children from inappropriate sexual behavior, including child-on-child sexual abuse. This obligation can be complicated when the allegation involves five-and-six-year-old children, for whom touching body parts and viewing private areas may be considered normal sexual behavior. The issue faced by school administrators and attorneys who litigate claims of child-on-child sexual abuse involving young children is whether touching falls under normative or problematic child sexual behavior.

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