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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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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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4/23/2014· Education & Schools

Contributory Negligence Defense in School Liability Lawsuits

By: Dr. Edward Dragan

Student injury or death often brings negative attention to a school. In fact, the first thing often reported publicly is an injured party's claim that an incident stemmed from the negligence or misconduct of a staff member responsible for a child's safety - a teacher, coach, or bus driver, for instance. But a student injury or death can result from any number of situations. These might range from school-related action or inaction, such as a breach of school security or failure to follow a student's medical orders, to a student's own actions and choices triggering a contributory negligence defense.

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2/19/2013· Education & Schools

Creating and Maintaining Effective Schools for All Children

By: Dr. Edward Dragan

The first wave of inclusion has crashed upon the shores of our schools. Now, educators and parents are looking toward the horizon awaiting the next wave to see what it brings.

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