Child Injury Lawyer Blog

By David Wolf, Attorney
Published by Child Injury Lawyer Network
During the summer months it seems pretty easy to keep in tune with your children. Sports activities, family vacations, and days at the pool help create a strong family bond. But once they leave for that first day of school in the fall, it can be much harder to continue the same level of involvement in their lives. But it is worth it. Many studies have shown that parental involvement helps your kids learn more effectively.

Many schools and school groups, like the Parent Teacher Alliance (PTA), work hard to offer parents opportunities to become more involved in their children’s school experience. The following are five tips parents can use to keep involved with their child’s school and help improve their overall educational experience:

1. Ask lots of questions, and listen to the answers. Your child is discovering many new things every day at school. Put aside your grown-up worries for an hour or two and listen to what they have to say.
2.Keep in touch with the teacher. Knowing and keeping in touch with your child’s teacher is the most effective way to keep abreast of your child’s progress and to get a handle on any problems he or she might be having.
3. Join the PTA. The PTA is very involved with what happens at your child’s school. Talking to other parents and keeping abreast of what is going on help you be more involved.
4. Provide encouragement. Report cards only come out a few times a year, but every day is a new opportunity to encourage your child to do their best.
5. Don’t forget about after school activities. Sports teams, music and drama, the YMCA, Boys and Girls Club, and church activities all offer productive and enriching activities for kids after school lets out.

Read more details about each of these tips at Good Parents Stay Involved.

By Robert Chaiken, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Fourteen year old Ke-Marice Hunt of Dallas Texas, had been terrorized by bullies at school for at least a month, ever since he started classes at Jackson Middle School. His grandmother, Robin Brooks, and mother, Lisa Brooks, taught the boy to run away if there was more than one kid after him; they did not want him getting into a fight.

So when five other boys wanted to start trouble with Ke-Marice recently, he did what his family taught him, and tried to run away from the other boys. Tragically, Ke-Marice was hit by a car as he was crossing a busy street to get away from the pack of bullies. Reportedly, one of the children who had been chasing him tried to help him after he was hit, but then ran off with the other boys.

Ke-Marice suffered a fractured spinal cord, concussion and a laceration on his ear that required eight stitches. The family plans to press criminal charges against the five bullies who chased Ke-Marice into the street. They believe that the bullies need to learn that their actions have consequences. Authorities are still trying to identify and locate the five boys involved in the chase. Read more details of this story of bullying turned criminal at Car hits teen trying to outrun 5 bullies in Oak Cliff.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Heavy fog had reduced visibility on Highway 15 in Dassel, Minnesota to an eighth of a mile, when a truck slammed into the back of a school bus stopped at the intersection. Seventeen Dassel-Cokato school children were on board; eight were taken to the hospital. The driver of the truck was not injured.

One of the children, eleven year old Alexis Iverson, suffered serious injuries as a result of the accident. Alexis suffered head and neck injuries and will not be able to play sports until her neck brace is removed.

Several parents of children involved in the accident have said they are unhappy with the school district’s decision to have school in spite of the poor weather. They believe that the decision put their children’s lives at risk. Other districts in the area delayed starting for two hours to let the fog clear.

Parents were also upset that they were informed that all of the injuries were minor and that the children would be fine, despite the fact that Alexis was in the ICU being treated for her injuries. The angry parents are calling for a change in school policy regarding school cancellations or late starts.

A representative for the school district has said that they will continue to make decisions on a case by case basis. Read more about the crash and its aftermath at News Child Was Hurt In Bus Crash Upsets Parents.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

According to the U.S. Defense Department, around 220,000 service members have dependents with Special Needs. But tending to a Special Needs child can be very difficult for military families. Every time the family is transferred to a different school district, parents must figure out the intricacies of local Special Education policies. For spouses of deployed soldiers, the task becomes even more difficult, as they are often forced to deal with it alone.

The Marines and the Army have recently stepped in to provide support to parents of special needs children. For example, the Marine Corps will provide parents with a caseworker and a special education attorney to help them straighten out their child’s educational plan with the local school district. The professionals will accompany parents to meetings with school and, if necessary, to court. Not surprisingly, school districts are more eager to negotiate with a special needs lawyer in the room.

In spite of the positive results of the program, the U.S. Department of Defense reports that fewer than half of all eligible military families have taken advantage of it. Reportedly some service members are afraid that participation will limit their chances for promotion, due to the fact that enrolled members can only be transferred to bases where specialty doctors are available to address their child’s needs. But recent additions to the program, such as forty hours a month of free respite care and attorney help with legal issues has increased enrollment by forty percent.

Find out more about what the military is doing to help families with Special Needs children at Military helps families find care for special-needs kids.

By Robert Fernicola, Attorney and David Wolf, Attorney Published by Child Injury Lawyer Network New Jersey Governor Jim Corzine is considering legislation that would help students with reading disabilities and difficulties with language skills. The legislation would create a reading disabilities task force designed to determine best practices for diagnosing and treating special needs students. The task force would also examine how current state laws and regulations affect theses students. About eighty five percent of New Jersey Special Education students are considered language deficient. Proponents of the new law say that they do not receive proper lessons to overcome their difficulties. They say that the new law would save costs by eliminating unnecessary expenses for children who do not belong in special education classes and can enter regular classes once their reading skills are improved. The bill has passed both the New Jersey Assembly and Senate and is being reviewed by the Governor. It is not clear if he will sign it or not. If approved, the bill would create a thirteen member task force which would include the state commissioners of education and human resources, four legislators and seven public citizens. The ability to read is a critical skill for succeeding in life. Special Needs Children deserve to be given the tools necessary to overcome reading difficulties and be more successful as adults. Find out more about this New Jersey Special Education Law under consideration by visiting NJ measure would benefit reading-disabled students.

By David M. Baum, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

An Illinois Court of Appeals recently upheld the right of an Autistic child, Carter Kalbfleisch, to bring his service dog to school. The court upheld an earlier ruling by the Monroe County Court that allowed the child to bring his autism service dog, named Corbin, to school with him. The Monroe County Court decision had been appealed by the Columbia School District. The School District argued that the dog would be disruptive and that some of the other students might be allergic to it.

After the initial ruling, the School District declared that it could not meet Carter’s educational needs, and sent him to school at the Illinois Center for Autism. The School District agreed to pay for his schooling at the center, but refused to pay for transportation for Carter and Corbin to and from school. The family is hopeful that Carter and Corbin will be allowed to return to school together. The School District still has the option to appeal the decision to the Illinois supreme court. You can read more about Carter’s fight to stay in school with his Autism service dog at Autistic student’s right to service dog upheld.

By Kevin Leach, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A New Hampshire organization called the Commission to Prevent Childhood Obesity recently presented fourteen recommendations for preventing childhood obesity to New Hampshire governor, John Lynch. The recommendations are:

1. For New Hampshire to create statewide rules regarding the sale of all food and beverages at public schools that are not covered under the United States Department of Agriculture's school meals program;
2. For laws to be passed requiring all chain restaurants to label menus with nutrition information;
3. To enforce the existing policy requiring daily physical activity for all students;
4. For school personnel to perform an annual comprehensive fitness assessment and provide a report to the child and his or her parents with the results;
5. For the department of education to reinstate the Physical Education and Health Coordinator;
6. For after school programs to provide healthy snacks and provide some form of physical activity;
7. To modify child care licensing requirements to require physical activity for the children;
8. For the Department of Health and Human Services to regulate and monitor the meals and physical activity levels of children in state care;
9. To expand the New Hampshire Farm to School Program, which helps children learn more about healthy eating by encouraging schools to purchase food from local farms;
10. To make communities more friendly for walking and bicycling;
11. To pass a law requiring all health insurance providers to pay for visits from registered dieticians for children with a BMI percentile-for-age equal or greater than 85 percent;
12. To provide continuing medical education for health care providers specific to childhood obesity;
13. To require primary care providers to assess BMI percentile-for-age at the annual checkup for all patients between two and twenty years of age; and
14. To require schools to assess BMI percentile-for-age annually as part of their accreditation requirements.

Even though these recommendations are specific to the State of New Hampshire, parents, educators and healthcare professionals in every state can take a few pointers from this list to help children in their state fight obesity. Find out more about the recommendations at Recommendations to prevent childhood obesity.

By Aaron Edwards, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

After a ninety day investigation into abuse and neglect charges, Paul Jensen, a former Special Needs teacher, was charged with two counts of unlawful neglect towards a child or helpless person. He turned himself in to police.

According to the findings of the investigation, in October 2009, Jensen placed a plastic bag near a student’s face while working as a teacher at Edisto High School in Orangeburg County, South Carolina. He also allegedly tackled a Special Needs student a few months earlier. Jensen was placed on unpaid leave after the incident in October and is no longer employed by the school district.

The victim’s guardian says that he is upset about the alleged incident, and fears that his child will be scarred for life. He says that the incident has also affected the child’s sister. When parents send their children to school they have a right to expect that employees of the school will protect their children and give them a safe environment.

When a school fails to provide a safe environment for a vulnerable student, it can had adverse effects on the child, his family, and the community. Keep up to date on the details of this case by visiting Former Special Needs Teacher Arrested.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Dr. Ben Leichtling is the author of the book “How to Stop Bullies in Their Tracks.” He recently posted a blog article in response to a parent whose four year old child was being bitten and punched by a classmate. The parent felt that the other child might be too young to realize what he is doing, and the fact that the school has done nothing to discipline the child has made the mother feel that maybe she is overreacting to “normal” kid stuff.

Dr. Leichting gives some advice that all parents can benefit from. He says not to think too hard about the other kid or the school. He said to think about what type of environment your child should be in and whether he or she should be subjected to physical abuse by another person under any circumstances. He suggests asking yourself if it is appropriate for teachers and administrators to ignore abusive behavior and turn their back on a child who is being hurt.

Parents should not wait until they get pushed to the limit to make their voices heard. Children are not able to protect themselves, so it is the parents' responsibility to do so if the school will not. Parents, whether on their own or with a group of other parents, need to go to administrators and let them know that they will not tolerate abusive actions toward their child. Parents need to be clear that an apology is not enough, that the aggressive child needs to be disciplined to either stop the behavior or be removed from school. Parents need to be willing to do whatever it takes – even going to the media or removing their own child from the school.

It is important to keep in mind that discipline is helpful to the aggressive child as well. Children who are not taught to behave appropriately at a young age will suffer disciplinary problems and risk becoming a social outcast or criminal. Read more about how to deal with bullies at Stop Bullying by a 4-Year Old.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Zachary Christie, a six-year-old first-grader, was suspended and was facing 45 days in an alternative school for troublemakers for taking his favorite camping utensil to school. The utensil was a combination knife/fork/spoon that the child had planned to use to eat his lunch. The child was expelled under the school’s guidelines for dealing with children who bring weapons to school or commit violent offenses.

After public outcry, the school board voted to change the penalty for kindergartners and first-graders to a 3-5 day suspension. Zachary’s punishment was one of many recent incidents that have called into question schools’ zero-tolerance policies.

Of course, the school district has a responsibility to protect students from weapons and aggressive behavior. They can be held liable if a student in injured while at school. But the need for common sense to take precedence over blindly following the letter of school policy is obvious in this case. Assessing incidents on a case by case basis rather than reacting to all incidents with the same harsh punishment actually creates a safer and more stable environment for children.

Find out more about this story at Delaware 1st Grader Has 45-Day Suspension Lifted.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

While the total number of children being suspended or expelled has actually dropped in recent years, a study from Great Britain shows that children with special needs, those who qualify for free lunch programs, and those from ethnic minorities are sent home eight times more often than their peers. The study also noted that boys were three times more likely than girls to be suspended or expelled from school.

While this study was done in Great Britain, it would not be surprising to see the same trend in schools in the United States. Children with special needs and those from economically challenged families are often more likely to have disciplinary problems, and schools and teachers that are ill-prepared to handle them often resort to expulsion rather than taking the time and care needed to educate these children.

Find out more about this story at Special needs children excluded eight times more often.

By Sara J. Powell, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Arizona child care facilities / day care centers must comply with regulations and procedures set forth in the Arizona Administrative Code (AAC) Title 9 Health Services - Chapter 5 - Department of Health Services - Child Care Facilities. Pursuant to Section R9-5-40 - Staff-to-Children Ratios AAC, a licensee has a duty to staff the child care facility according to prescribed staff to children ratios to comply with the child care regulations. Facilities that are compliant with staff ratio standards typically have a better record of supervision. Many personal injuries and tragedies take place in day care centers that are understaffed. Facilities that violate staff to children ratios often times violate other standards that help promote and ensure proper supervision of children in the day care setting.
Infants
*1 Staff Member Per Every 5 Children or 2 Staff Members Per Every 11 Children

1 Year Old Children
*1 Staff Member Per Every 6 Children or 2 Staff Members Per Every 13 Children

2 Year Old Children
*1 Staff Member Per Every 8 Children

3 Year Old Children
*1 Staff Member Per Every 13 Children

4 Year Old Children
*1 Staff Member Per Every 15 Children

5 Year Old Children (Not School Age)
*1 Staff Member Per Every 20 Children

School Age Children
*1 Staff Member Per Every 20 Children

The above ratios are in place for mixed aged groups based on the age of the youngest child in the group. You can read more about these standards and other staffing standards at the Arizona Administrative Code.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Yakima, Washington, a teacher failed to use her better common senses and education when she decided to send a bag a feces home in a student's backpack. Sue Graham packaged feces (a turd) and sent it home in a kindergarten student's backpack with the following note: "This little turd was found on the floor in my room." In my opinion, this showed very poor judgment and also showed immaturity on the part of the teacher. Incidents involving feces do happen in kindergarten classrooms from time to time. These bathroom and toilet incidents can be very sensitive topics that should be handled with understanding for the children. If there was some misbehavior involved in this incident, it still should have been handled in a much different fashion. Ms. Graham was reprimanded by the school district for her actions. You can read more about this story at Teacher Sends Feces Home in Student's Backpack - School Is Not Amused.

By Roy S. Dickinson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Tulsa, Oklahoma, a lawsuit was recently filed against a Tulsa church operated school. The lawsuit alleges that the school and its officials were negligent in failing to supervise and prevent a teacher from sexually abusing students at the school. Aaron Thompson, a former teacher at the Grace Fellowship Church - Christian School, pled guilty in 2003 to criminal counts of lewd molestation and sexual abuse. Mr. Thompson was sentenced to a prison term of 25 years. There were nine boys that were the victims of these criminal acts who ranged in age from 7 to 14 when the boys were molested. Prior civil lawsuits involving this teacher were settled in the past. You can read more about this story at Lawsuit Filed Against Tulsa Oklahoma Church Based School.

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.