Articles Posted in Education

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By David Wolf, Attorney

Published by Child Injury Lawyer Network

gavel%20brown.jpgA State of Washington Court ruled this week that teachers can legally have sex with 18 year old students. This ruling ignited outrage among educators, parents, and psychologists among others. The Washington Court of Appeals ordered the dismissal of a case brought against Matthew Hirschfielder, a former choir teacher at Hoquiam High School. There is a Washington State law that bans sex between teachers and students but the Court ruled that the law was vague as it pertained to sex with an 18 year old. In Washington and other States, 18 year olds are considered adults and not minors under State law.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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Parents in the West Carroll County School District in Tennessee got some disturbing news recently about a Melissa McCord, a 35 year old special education teacher. Apparently, Ms. McCord sent and received sexually explicit photos and notes to a 14 year old student who was dating allegedly dating McCord’s daughter. In addition and even more problematic, Ms. McCord had sex with the boy. Ms. McCord admits that she went to a park with the boy but denies that she had sex with the boy. Like most cases of this nature, if Ms. McCord sent and received e mails and / or text messages with photos with the boy, this will be strong evidence should the case go to trial. Of course, all criminal defendants, including Ms. McCord, have a right to representation and trial. In addition, Ms. McCord is innocent until proven guilty under the criminal justice system; however, the allegations as reported in Tennessee do not look good for Ms. McCord. If convicted, Ms. McCord will face a prison sentence. You can read more about this story at Tennessee Student Arrested for Having Sex with Teen Student.

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By Steven Smith, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20different%20color%20crayons%20in%20a%20star%20circle.jpgNew York day care and child care centers are regulated by the New York Office of Children and Family Services. Pursuant to Section 418-1.8, Supervision of Children, New York Codes, Rules and Regulations (NYCRR), child care centers must employ staff sufficient to meet the minimum standards for staff to children ratios.

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By David Wolf, Attorney
Published by Child Injury Lawyer Network

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A California appeals court approved the expulsion of two students from a California religiously based high school for an alleged lesbian relationship. California Lutheran High School expelled the students after discovering some postings on My Space that indicated that the students were gay or had thoughts of being gay. After being expelled by the school, the students hired a lawyer and filed a lawsuit for discrimination. The trial court dismissed the case and reasoned that the school is not bound by the same discrimination laws as a private business or public school. The appellate court agreed. You can read more about this story at Court OKs Expulsion Based on Sexual Orientation.

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By Jonathan Safran, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20day%20care%20school%20pom%20pom%20cheerleading%20purple.jpgA Wisconsin cheerleader, Brittany Noffke, was a student at Holmen High School near La Crosse, Wisconsin. While practicing certain moves and students before a basketball game, Brittany suffered a head injury. The stunt required Brittany to stand on another cheerleader’s shoulders and then required another student to catch her or spot her while performing the spot. Brittany fell backward but the student standing behind her did not catch her. As a result, Brittany fell to the ground and suffered head injuries. In Wisconsin, these type of cases require a Plaintiff / injury victim to prove recklessness in order to recover compensation for injuries. This can be a tough standard to prove. Fortunately, these onerous legal standard does not apply to all other States. A negligence standard would be a more reasonable standard to follow in Wisconsin and other States.

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By Joseph R. Hillebrand Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

crayons%20in%20a%20circle.jpgMissouri day care / child care caregivers in the State of Missouri. According to 19 Code of State Regulations 30.60.070, Responsibilities of Caregivers, the following responsibilities apply to caregivers:

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By Ryan E. Alekman, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

playground%20swings%20with%20buckets%20toddlers%20baby%20day%20time.jpgIn Massachusetts and other States, children in child care / day care suffer personal injuries on playgrounds and outside areas. Some personal injuries result from poor supervision or negligent inspection / maintenance of playground equipment. Some personal injuries result from a poor design or dangerous heights of playground areas. Many injuries on playgrounds in Massachusetts day care / child care centers can be avoided with diligent supervision, properly designed playground areas considering the size and age of the children, and consistent maintenance.

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By Stephanie Brown and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20different%20color%20crayons%20in%20a%20star%20circle.jpgBefore selecting a day care center for your child in Georgia and other States, it makes sense to do some research into the facility. Visit the facility and ask a lot of questions. Visit more than once if you like. See if you can speak to other parents with children in the program. Another great resource of information is the State of Georgia Office Website for the Department of Human Resources where you can access a database called the Facility Location and Information Guide. Search by city, county, name of facility, and other factors. It is important information to have and review.

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

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Christopher Michael Nicklis, a former teacher from Harrison High School, has admitted that he gave a 15 year old student a mobile phone. After giving the girl the phone, he began sending the teenager sexually explicit messages and naked photos of himself to the student. The story unfolded when the student’s mother found the mobile phone and then reported the gift of the phone to school officials. Nicklis later resigned and stated, “I am an idiot.” Mr. Nicklis showed poor judgment and was preying on a 15 year old girl with most inappropriate and illegal acts. You can read more about this story at Cobb County Georgia Teacher Admits to Sending Naked Photos to Student.

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By Will Brown, Attorney and David Wolf, Attorney

Published by Child Injury Lawyer Network

education%20school%20day%20care%20cup%20of%20crayons.jpgIn Ohio child day care centers, it is vital that children receive adequate and appropriate supervision by responsible adults and caregivers. Pursuant to Ohio Revised Code Chapter 5104 – Child Day Care – Section 5104.011 (B) (3), the child care care center must have at least two adults available at the facility at all times when 7 or more children are in the center. The child day care center must make sure that no child is left alone or unsupervised at the center. The staff ratios required under the Ohio Revised Code varies from age group to age group. For instance, the staff ratio requirement for infants under 1 year old is 1 staff member for every 5 children or 2 staff members for every 12 children. For school age children from kindergarten to children under 11 years old, the staff ratio requirement is 1 staff member for every 18 children. As you can see and it makes sense, Ohio law requires more staffing for younger children especially infants and toddlers. You can read about the other staffing requirements and other regulations and rules regarding Ohio child day care centers at Chapter 5104 – Child Day Care.

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