Articles Posted in Education

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By Scott A. Marks, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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Teachers make mistakes. They are human. However, when a teacher makes a mistake, it can have larger consequences since children are often times involved. In Elk Grove, California, Crystal Defanti sent a DVD home with the children at the end of the year. Unfortunately, Ms. Defanti had 6 seconds or so of Ms. Defanti engaged in a sex act on the DVD. The Elk Grove Unified School District asked the families to return or get rid of the DVD. It is unknown from news report what penalties (if any) will be handed down to Ms. Defanti for distributing such a video. Whether you are a teacher or any other person, it is never a good idea to have yourself video taped while having sex. I am sure that Ms. Defanti wished that the video clip never existed in the first place. You can read more about this story at California Teacher Mistakenly Sends DVD with Sex Act Out to Her Students.

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

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Many school districts including some in Arizona have a zero drug tolerance policy. While it is important to keep drugs out of schools, enforcement of this policy needs to be done with humanity, common sense, and within the confines of the United States Constitution. The Supreme Court of the United States ruled that school officials at the Safford Middle School (Arizona) violated a student’s rights when she was strip searched for prescription strength Ibuprofen. The Court noted that a child cannot be forced to remove her clothing unless it is deemed that the child’s health is at risk. Savana Redding was 13 years old at the time of the incident. Legal scholars and experts point out that this Court decision still leaves many questions and issues unanswered. Since strip searches may be appropriate in extraordinary circumstances, it appears that the issue of strip searches in schools will continue to be litigated and debated for years to come. You can read more about this important Court decision at Supreme Court Rules that Arizona Middle School Strip Search Was Illegal.

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By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In Detroit and other cities, even standing at a bus stop can prove to be dangerous. Recently, gunmen opened fire on a group of teenagers in Detroit. Seven teenagers were wounded. The incident took place near Cody 9th Grade Academy. Police later recovered a green minivan that is believed to be the vehicle used by the shooters to flee away from the scene. It is unfortunate the children attending summer school are put at risks of violence and shooting just for attending class. Hopefully, police will capture the gunmen and there is a reduction of violence in and around Detroit and other cities. You can read more about this story at Shots Fired at Bus Stop Near School in Detroit, Michigan.

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By Jay Foster, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20library%20brown%20book%20shelves.jpgA former teacher and band director for Pass Christian High School has been charged with the sexual battery of another victim under 18 years old. Apparently, Joseph Eugene Council, the former teacher, confessed this crime to police investigators. This child was 17 years old. The initial charges involved a 14 year old.

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

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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.

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By John Jensen, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

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In North Carolina and other States, teachers are stepping well beyond their work duties and ethics by having sex with students. In Durham, North Carolina, Gina Marie Watring, age 40, was charged in April 2009 with child rape, kidnapping and felony child abduction. Bond was set and she should have ceased her contact and relationship with the 10 year old boy. Instead of staying away, Ms. Watring now stands accused of having further contact with the boy through letters, mobile phone, and text messaging. Ms. Watring formerly worked at Creekside Elementary School in Durham, North Carolina as a teacher’s aide. According to police records, the 10 year old boy and teacher had sex on two occasions at her home. Ms. Watring’s bond has now been raised to $2 million. If the allegations are true, people should not confuse the acts of Ms. Watring with any other child predator. It does not matter and should not matter that she is a woman committing these acts on a boy. It is a crime no matter how you look at it. You can read more about this story in Bond Raised in Case Involving North Carolina Elementary School Teacher Accused of Raping a 10 Year Old Boy.

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By Scott A. Marks, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20different%20color%20crayons%20in%20a%20star%20circle.jpgCalifornia day care centers / child care centers are regulated by the State of California – Health and Human Services Agency – Department of Social Services. The California Child Care Regulations cover a wide area of matters including but not limited to operation, maintenance, supervision, and enrollment. The regulations can be accessed online at California Child Care Regulations.

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By Steven Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

educations%20school%20day%20care%20alphabet%20on%20black%20chalkboard.jpgChildren with disabilities are the unfortunate victims of improper and negligent seclusion and restraints in school systems throughout the nation. This, in turn, has lead to some serious personal injuries, and, in some cases, the wrongful and preventable death of a disabled child. In Texas, Cedric Napolean (age – 14) was one such victim who died when a teacher laid on top of the Cedric when Cedric would not remain seated in the classroom. This case went to a grand jury in Texas as a homicide. While the grand jury ultimately did not recommend pursuit of the criminal charges, the death of Cedric Napolean does help illustrate the dangers to disabled children in school systems when they are retrained in an attempt to punish or instruct a child. The Government Accountability Office (GAO) reported that some restraints have been implemented when students are not even being physically aggressive or dangerous.

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By John Jensen, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

State%20Map%20North%20Carolina.jpgIn North Carolina day care centers /child care centers, outdoor learning environments / playgrounds are regulated by the child care rules set forth at the North Carolina Administrative Code Title 10 A – Health and Human Services – Chapter 9 – Day Care Rules.

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By John Jensen, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20different%20color%20crayons%20in%20a%20star%20circle.jpgIn North Carolina day care centers /child care centers, facilities should be properly staffed to make sure that the individual needs of each child are met. North Carolina day care centers / child care centers are regulated by the North Carolina Administrative Code Title 10 A – Health and Human Services – Chapter 9 – Day Care Rules.

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