Child Injury Lawyer Blog

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In a case before the Georgia Supreme Court, the issue of a public school’s liability for releasing a student to the non-custodial parent who did not have permission of the custodial parent to pick up the child is under consideration. The school receptionist received a fake FAX and telephone call allegedly from the custodial parent granting permission to the non-custodial parent to pick up his six year old daughter. The receptionist looked for the child’s information card to see who was authorized to pick up the child but could not locate the card. The school’s computer database did not have any warning about the father.

The custodial parent then sued the school receptionist for releasing the child to the father. The trial court granted summary judgment to the receptionist on the grounds that she was a public employee who was immune from suit for performing discretionary acts—acts that require an employee to exercise personal judgment. A public employee can, however, be sued for negligently performing a ministerial duty—a specific, absolute duty that does not require the exercise of judgment.

On appeal to the Georgia Court of Appeals, the grant of summary judgment was reversed because the Court found that the receptionist’s act of releasing the child was a ministerial duty and she had no discretion over how to perform the act. The issue under consideration by the Georgia Supreme Court is whether the school employee was performing a ministerial duty or was performing a discretionary act.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

An 11 year old Springfield, Massachusetts boy recently committed suicide after daily
taunting and teasing incidents of being gay. His mother made weekly pleas to the school about the problem that ended in her son's death. Carl Joseph Walker-Hoover died by hanging himself.

A child should not have to endure such teasing and taunting anywhere, and certainly not at school. Teasing and bullying takes many different forms, and unfortunately bullies will find something to pick on. Schools are meant for education, and this education needs to include teaching the bully what his or her actions do to others, and to also work with all children to explain that bullies are often acting out of their own insecurities. Teachers need to be better trained to notice bullying and its victims.

Even though schools should be havens of safety and education for children, unfortunately, they are often the source and location of angst for children who are gay, appear to be gay, or are singled out by bigoted and ignorant students who label or accuse them of being gay. Sexual orientation in one direction or another is no excuse whatsoever for intolerant bullying behavior any more than the color of someone's hair or skin.

Almost 90 % of LGBT (lesbian - gay - bisexual - transgender) teens report that they have been verbally harassed at school. Over 40 % report being physically harassed. This is simply unacceptable. Children should be taught that everyone is different, and to appreciate and accept those differences. When needed, schools should take swift corrective action to ensure that bullying isn't tolerated. Far too often victims of bullying end up committing suicide or committing acts like those that occurred ten years ago in Columbine, Colorado. The stakes are simply too high to allow what happened to young Carl Joseph Walker-Hoover to happen again.

You can read more about the problems with bullying in schools at Bullying of Gay Students - Problem and Statistics.

By Joseph R. Hillebrand Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Missouri and other States around the nation, it appears that more and more stories are being reported about female teachers having inappropriate (sexual) relationships with male students. Some believe that these situations are different from male teachers having a relationship with a female or a male student. I disagree. Teachers are put in a position of trust with students. Teachers are not placed into schools to hit on or pick up students like at a singles bar. Teachers are there to supervise and educate our children - not have sex with them. In St. Louis (Breckenridge Hills), Missouri, an investigation is under way regarding a Special School District teacher who allegedly had an inappropriate relationship with a 17 year old male student at Ritenour High School. See Missouri Teacher Faces Allegations of Inappropriate Relationship. The teacher was placed on leave pending the investigation. Of course, the teacher has a right to defend herself against any administrative or criminal charges.

In many instances, text messages and e mails prove to be the downfall for teachers. There is an entire electronic trail that helps prove up the relationship. Of course, e mails and text messages must be confirmed forensically to make sure that they indeed were sent or received by the teacher. It is truly amazing that teachers who go through college think that their activities both in person and electronically would go unnoticed and undetected by school and law enforcement officials.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Dekalb County (Decatur) School Board - Georgia will review an anti-bullying policy following the suicide death of an 11 year old boy. Jareem Harrera hung himself on April 16. He told his parents that he was upset after being teased for "talking funny" and "being gay". Tragically, Jareem was found by another family member after Jareem hung himself. The policy that was in place at the school required teachers to report instances of bullying and that three instances / incidents would be sufficient to get the violating student expelled.

Schools, teachers, and administrators in Georgia and other states should take a tough stance on bullying. It just should not be tolerated. As for Jareem, it is too little -too late to help this little boy; however, his death should not be forgotten and can serve as a teaching tool (a tragic teaching tool) as to the dangers and consequences of bullying. It will be interesting to know what complaints were made, the number of complaints, sources of the complaints, and actions taken by the teachers / schools. While we will never know sure, could the school have prevented this tragedy from taking place? Did Jareem feel alone and unprotected by the school? You can read about this story at Dekalb County To Review Anti Bullying Policy.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Schools in Arizona and other States have a balancing act to perform every day. Administrators and teachers must balance safety / order with the constitutional rights of the students. Savana Redding, a former student at Safford Middle School in Arizona, was strip searched in the school when Savana was in eighth grade. Savana is now 19 years old. School officials suspected that Savana had Ibuprofen. The search yielded no drugs whatsoever. After all of these years, Savana's case is still pending. School officials questioned Savana and then performed the search when another student claimed that Savana gave the student prescription strength Ibuprofen. Savana sued the Safford School District. A court later determined that Savana's constitutional rights were violated and she was entitled to compensation for her damages. You can read more about this case and other cases involving searches in schools at Strip Searches in Schools - Student Rights and Causes of Action.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Special needs children / students need to have proper supervision and patience from teachers in Indiana and other States. In Lafayette, Indiana, a special need middle school teacher was fired by the school board for duct taping a student's mouth shut. This truly is no way to discipline a child or make a point. It is corporal punishment - plain and simple. Pamela Dahnke, the middle school teacher, was a health and nutrition teacher. One would think that she would realize the psychological and social ramifications of such acts in Indiana.

Special needs children in schools should be give guidance, attention and supervision. They should not be subject to psychological or physical injuries inflicted by teachers, school staff, or other children. You can read more about this story at Indiana Middle School Teacher Dismissed for Duct Taping Student's Mouth Shut.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In many school districts including the one in Tucson, Arizona, the school district or school board has a zero drug tolerance policy in the public school system. Crack, Meth, and, even aspirin are prohibited in the school system. There are many cases that have been reported where a child / student was suspended from school for having aspirin, Tylenol, or even vitamins in schools. There should be a distinction between Crack and Aspirin but the zero drug tolerance policy seems to lump all drugs and medications together.

The United States Supreme Court will soon review a case involving a 13 year old middle school student who was stripped search down to her underwear by school officials looking for Ibuprofen. The Federal Appeals Court determined that the search was traumatizing and inappropriate. The legality of the search and the powers of the school district are among the issues before the United State Supreme Court. This strip search has constitutional ramifications that are important to school districts, school officials, parents, and, last but not least, the students.

You can read more about this story at CNN - Arizona Strip Search Case in Public School to be Heard by United States Supreme Court.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Police in Richmond, Wisconsin reported that a school bus driver was arrested for intoxication. The school bus driver was transporting 43 children at the time of the incident. In Wisconsin, the legal limit of intoxication for commercial drivers is .04. Fortunately, no children were injured as a result of the bus driver's drinking. It is quite unsettling to read about such a story. The school district rightfully suspended the driver. It is difficult enough to drive a school bus. No school bus driver should ever get behind the wheel while under the influence of any amount of alcohol. It puts our children at undue risk for personal injuries and even death.

You can read more about this story at
>Wisconsin School Bus Driver DUI (Driving While Under the Influence).

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A New York middle school teacher (Ellen Bernstein) at Haverstraw Middle School in Rockland County decided to illustrate concepts of slavery with two teen students by binding the students. One student was white and one was black. The teacher bound the feet and hands of both students. The black student (Gabrielle Shand) did not volunteer for the lesson and when she returned home later that day was in tears in recounting the public school lesson with her mother. The local NAACP has stepped in to protest the lesson and conduct of the school teacher.

Bernstein, Haverstraw Middle School's principal and the school superintendant apologized to the student and her mother.

Retraining and binding a child in school can be quite traumatic for the child especially when considering the history of slavery as well as discrimination in the United States. It appears that there will be further discussions, meetings, and protests about this incident. You can read more about the incident at New York Middle School Student Get Unpleasant History Lesson in Slavery.