Thursday, September 13, 2012
Wednesday, September 12, 2012
Monday, September 10, 2012
FOX 40 WICZ TV - Anti-Bullying Measures State Law in Schools [9/10/2012] - News, Sports, Weather, Contests and More - Binghamton, NY
FOX 40 WICZ TV - Anti-Bullying Measures State Law in Schools [9/10/2012] - News, Sports, Weather, Contests and More - Binghamton, NY
Blog Author's Note: I would point out that the reporting of bullying (or any related violation of the Dignity for All Students Act (DASA)) through a school district web-site should be done with caution, if at all. If, however, a parent or student thinks it necessary to report through a district web-site, make sure copies of all on-line submissions are kept for verification/proof in reporting incidents of bullying (or violations of DASA).
Blog Author's Note: I would point out that the reporting of bullying (or any related violation of the Dignity for All Students Act (DASA)) through a school district web-site should be done with caution, if at all. If, however, a parent or student thinks it necessary to report through a district web-site, make sure copies of all on-line submissions are kept for verification/proof in reporting incidents of bullying (or violations of DASA).
Thursday, September 6, 2012
Saturday, September 1, 2012
[Update] North Tonawanda teacher sentenced in DWI had prior charge
City of North Tonawanda School District, North Tonawanda High School Teacher, Arthur J. Harack, was charged in June 2008 for resisting arrest and disorderly conduct according to a June 2008 Tonawanda News Police Report. At that time, Harack was being held in lieu of $250.00 bail.
Harack escaped prosecution under Leandra's Law.
According to a 2011 Tonawanda News Police Blotter, "On August 23, 2011, Arthur J. Harack, 61, 1258 E. Robinson Road, was charged for aggravated driving while intoxicated, driving while intoxicated and endangering the welfare of a child. He is being held for court in lieu of $750 bail."
Further according to a Buffalo News article of January 14, 2012, Harack
was arraigned in Niagara County Court ... on charges of violating Leandra’s Law by allegedly driving drunk with a child in his auto.
The Law
"Pursuant to New York Vehicle Traffic Law Section 1192-2a, any person caught operating a motor vehicle while intoxicated and transporting a child shall be charged with a Class E Felony. In the event that reckless driving and death or serious physical injury is not a factor, an individual will automatically be charged with a class D felony. Defendants convicted under the new law face a prison sentence of up to four years and a fine of $1000–$5000. The installation of a mandatory ignition interlock device for a term of at least six months is also an expected provision of sentencing (mandatory for all DWI offenses August 15, 2010). Moreover, licenses are automatically suspended pending prosecution and once proven guilty, the person will be reported to the Statewide Central Register of Child Abuse and Maltreatment and his/her license will be suspended for a minimum of twelve months. First time and repeat offenders are charged with an E level felony, regardless of criminal record."
Nevertheless, according to the Buffalo News, Harack was allowed to plead guilty to misdemeanor driving while intoxicated. At the time of his arrest, his BAC (blood alcohol content) was 0.13 percent and Harack had a child in his vehicle.
Updated September 01, 2012 at 11:11 AM
Updated September 06, 2012 at 7:48 PM
Harack escaped prosecution under Leandra's Law.
According to a 2011 Tonawanda News Police Blotter, "On August 23, 2011, Arthur J. Harack, 61, 1258 E. Robinson Road, was charged for aggravated driving while intoxicated, driving while intoxicated and endangering the welfare of a child. He is being held for court in lieu of $750 bail."
Further according to a Buffalo News article of January 14, 2012, Harack
was arraigned in Niagara County Court ... on charges of violating Leandra’s Law by allegedly driving drunk with a child in his auto.
The Law
"Pursuant to New York Vehicle Traffic Law Section 1192-2a, any person caught operating a motor vehicle while intoxicated and transporting a child shall be charged with a Class E Felony. In the event that reckless driving and death or serious physical injury is not a factor, an individual will automatically be charged with a class D felony. Defendants convicted under the new law face a prison sentence of up to four years and a fine of $1000–$5000. The installation of a mandatory ignition interlock device for a term of at least six months is also an expected provision of sentencing (mandatory for all DWI offenses August 15, 2010). Moreover, licenses are automatically suspended pending prosecution and once proven guilty, the person will be reported to the Statewide Central Register of Child Abuse and Maltreatment and his/her license will be suspended for a minimum of twelve months. First time and repeat offenders are charged with an E level felony, regardless of criminal record."
Nevertheless, according to the Buffalo News, Harack was allowed to plead guilty to misdemeanor driving while intoxicated. At the time of his arrest, his BAC (blood alcohol content) was 0.13 percent and Harack had a child in his vehicle.
Updated September 01, 2012 at 11:11 AM
Updated September 06, 2012 at 7:48 PM
Tuesday, August 7, 2012
Wednesday, July 18, 2012
DASA updates tackle cyberbullying
DASA updates tackle cyberbullying
Phillips Lytle attorney Alisa Lukasiewicz has it right:
"[She] said that while there will most certainly be First Amendment challenges, when it comes to lawsuits, the new regulations are no different than any other rules in place.
"As long as teachers and administrators follow the protocol, they should be fine," she said. "If they fail to properly report a case of cyberbullying, they could face liability. But in the same way they could be liable for any other misstep, so this is really not unique.""
Phillips Lytle attorney Alisa Lukasiewicz has it right:
"[She] said that while there will most certainly be First Amendment challenges, when it comes to lawsuits, the new regulations are no different than any other rules in place.
"As long as teachers and administrators follow the protocol, they should be fine," she said. "If they fail to properly report a case of cyberbullying, they could face liability. But in the same way they could be liable for any other misstep, so this is really not unique.""
Wednesday, June 20, 2012
New York Law Journal: Protect Public School Students
New York Law Journal: Protect Public School Students
"No one should underestimate the significance of excluding public school students from the HRL." [Human Rights Law]
"No one should underestimate the significance of excluding public school students from the HRL." [Human Rights Law]
Tuesday, June 12, 2012
Human rights division has no authority over public schools, state's top court rules | syracuse.com
Human rights division has no authority over public schools, state's top court rules | syracuse.com
However, "..., a plain language reading of the statute indicates that the Legislature intended to confer authority to SDHR over both public and private schools and the historical statutory analysis performed by the majority runs counter to the plain language of the statute," Ciparick wrote for the three-judge minority view.
"This language clearly indicates that 'every individual' - including every school age child - has a right to adequate education and that the SDHR has the authority, on behalf of 'every individual,' to prevent discrimination in 'educational institutions,'" Ciparick wrote. "The majority's limitation of the SDHR's jurisdiction to only private schools does little to promote the broad purpose of the Human Rights Law, which is to provide a bias free education for every individual."
However, "..., a plain language reading of the statute indicates that the Legislature intended to confer authority to SDHR over both public and private schools and the historical statutory analysis performed by the majority runs counter to the plain language of the statute," Ciparick wrote for the three-judge minority view.
"This language clearly indicates that 'every individual' - including every school age child - has a right to adequate education and that the SDHR has the authority, on behalf of 'every individual,' to prevent discrimination in 'educational institutions,'" Ciparick wrote. "The majority's limitation of the SDHR's jurisdiction to only private schools does little to promote the broad purpose of the Human Rights Law, which is to provide a bias free education for every individual."
Monday, May 28, 2012
[Day One] Dignity Act Coming to a School Near You
[Day One] Dignity Act Coming to a School Near You
By Staff Attorney Ian Harris
"All public elementary and secondary school students have the right to attend school in a safe, welcoming, considerate, and caring environment."[1]
Sunday, May 27, 2012
Friday, May 25, 2012
Student charged with making bomb threat - YNN, Your News Now
Student charged with making bomb threat - YNN, Your News Now
A North Tonawanda high school student was charged with a felony Thursday after allegedly making a bomb threat at the Senior High School.
A North Tonawanda high school student was charged with a felony Thursday after allegedly making a bomb threat at the Senior High School.
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