Florida Child Injury Lawyer Blog

The Florida High School Athletic Association (FHSAA) sets forth standards for sports programs including football for Florida high schools. Many policy and procedures are in place to promote the health, safety, and welfare of the student athletes. In addition, standards also help "level the playing field" for competition. Recently, Okeechobee High School was reprimanded by the FHSAA for policy violations involving Okeechobee's football program. Violations took place at the beginning of spring football practice which included having a Sunday practice, having 8th graders practice "full-contact" with upperclassmen. In high school sports, some violations are minor and others are more severe. The severity or importance of the violation should not necessarily be measured on the physical harm done or personal injuries caused. At times, coaches ignore rules, regulations, and policies in the spirit of competition and winning. Principles and policies should not be abandoned to win a game. After all, high school sports, by its definition, is a sporting program for children. In addition to sports competition, there is also an education along the way. You can read more about this story at FHSAA Issues Reprimand to Okeechobee High School.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Education , School Safety , Sport Related Injuries

Bookmark:

The former principal of a Central Florida (Polk County) elementary school has been found guilty of possessing child pornography. Investigators had found images of students superimposed on the picture / photograph of a nude woman in a briefcase in a locked closet in John Stelmack's office at Scott Lake Elementary School. Stelmack's attorney argued at the criminal trial that the images did not constitute child pornography and may have been placed in the briefcase / office by another person. The jury apparently did not buy the "hey these are not mine" argument and entered a verdict of guilty. Stelmack and his attorney will have a right to appeal / challenge the conviction. If the allegations are true, it is disturbing to know that a principal had these kind of materials in his office and, furthermore, in his mind. You can read more about this story at Former Florida Elementary School Principal Convicted on Child Pornography Charges.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Education , School Safety , Sexual Offenders / Predators

Bookmark:

In Florida, there have been a number of reported incidents of female teachers have sex with underaged male students. No matter your personal views of these incidents, they are still crimes that should be prosecuted. Teachers are put in a position of trust. Teachers are in place to educate our children - not to have sex with them. Reported and publicized Florida incidents include:

*32 year old teacher (Maria Guzman Hernandez) at Our Lady of Charity School in Hialeah, Florida, who had sexual intercourse with a 15 year old student;

*34 year old Jacksonville, Florida public high school teacher who had sexual intercourse with a 14 year old student;

*32 year old St. Petersburg, Florida teacher who sexted nude photographs of herself to an 8th grade student; and

*45 year old South Daytona, Florida teacher who had sexual intercourse with a student in Daytona Beach area hotels.

Florida is getting headlines but the problem with inappropriate sexual relationships and acts between teachers and students is a problem across the nation. Teachers abuse their positions of trust and selfishly prey on their students. You can read more about these issues at Teacher Sex with Students Incidents and Studies.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Crimes Against Children , Education , Internet, E-Mail, Text Messaging , School Safety , Sexual Offenders / Predators , Violent Crimes

Bookmark:

Hazing and sexual assaults continue to take place in schools across the nation including in Tampa, Florida. Recently, four middle school students were accused of felony assault charges. A 13 year old boy has accused these middle school students of assaulting him with a broomstick and a hockey stick. Why middle school students would deem this to be sport or proper treatment of another person is beyond comprehension? There is no mistaking the hazing, assaulting, or abuse for anything else. These acts, if true, are criminal and should be punished through a criminal conviction and prison time even if the perpetrators were middle school students. The incident happened at Walker Middle School in Tampa, Florida. You can read more about this story at Middle School Student in Tampa, Florida Assaulted by Four Middle School Students.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Education , School Safety , Sexual Offenders / Predators

Bookmark:

All parents, teachers, and students should know by now that a school is no place for weapons including but not limited to knives and guns. Of course, a 9 mm semi-automatic handgun should not be brought to school. The presence of this gun around children can be a recipe for danger, personal injuries, and wrongful death. A 6th grader went to his middle school in west Orlando with a 9 mm handgun. Officers were called to the school and went to the classroom where the student was attending class. The officer safely separated the student from his backpack where they located the gun. The student acknowledged that there was a stolen gun in his back pack. The school along with police responded in a manner that was swift and controlled. Fortunately, nobody was hurt by the presence of this dangerous gun on school premises. I commend the police and school officials for taking care of this situation for the protection and safety of the students including the one that brought the gun to school. You can read more about this story at West Orlando Middle School Student Arrested for Bringing Gun to School.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Education , Gun & Firearm Safety and Injuries , School Safety

Bookmark:

School bus drivers have a duty to maintain control on the bus. This not only applies to the school bus driver's driving but also to the school bus driver's behavior and temper as well. Recently, a fight broke out on a school bus at Andrew Jackson High School. The school bus driver was speaking to another official about removing a student off the bus. At that point in time, the student began swearing at the school bus driver. At this point in time, there was some kind of contact between the student and the school bus driver.

There is a dispute as to the facts regarding this incident.

Did the school bus driver hit the student?

Did the school bus driver grab the student?

Was the school bus driver acting in self defense or in anger?

What were the injuries sustained by the student?

Which students were engaged in fighting or poor behavior on the bus?

Of course, the school bus driver has a right to legally or administratively defend herself on this matter if action is taken by the Duval County School Board or the Jacksonville Sheriff's Office.

You can read more about this story at Jacksonville Florida School Bus Driver Accused of Punching Student on Bus.

———

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Education , School Safety

Bookmark:

In Deerfield Beach (Broward County), Florida, two school children and a deputy from the Broward County Sheriff's Office were injured when a police vehicle and school bus collided. The school bus was from Westglades Middle School and was carrying nine children at the time of the automobile / school bus crash. The injured children and officer were taken to North Broward Medical Center.

You can read more about this story at Police Vehicle and Broward County School District Bus Collide - Children and Officer Injured.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Education , School Safety

Bookmark:

A middle school teacher with the Duval County School System has been accused of having sex with a 14 year old student. Jennifer Marie Collier taught science at the James Weldon Middle School. After a recent school field trip, Ms. Collier agreed to take one of the students home. Instead of taking the student directly home, the teacher allegedly took the student to a Wal Mart shopping center parking lot for sex. The student later told police that he had several sexual encounters with the teacher and showed investigators e mails as proof of the relationship. When approached by police on this matter, the teacher only confirmed that she knew the student. The teacher was arrested and denied bond. She faces charges that include felonies.

You can read more about this story at Middle School Teacher Arrested for Allegations of Sex with a Student.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Education , School Safety , Sexual Offenders / Predators

Bookmark:

Mark Stockdale, age 43, resigned from his position with the Alachua County School District in Gainesville, Florida. Mr. Stockdale was on leave since February 2009 for bringing a loaded .22 caliber pistol / gun with him the classroom. The State Attorney reduced the charges from a third degree felony (possession of a firearm on school property) to a misdemeanor (carrying a concealed weapon).

There is a debate between gun rights supporters and child safety / educators as to the propriety and legality of teachers bringing guns to school. Some say that incidents like Columbine and Virginia Tech would not have occurred had teachers and students for that matter been armed themselves to take down the crazed and murderous gunmen. Others believe that guns should have no place on school grounds at all with the exception of allowing trained police officers have guns on school grounds.

You can read more about this story at Gainesville, Florida Teacher Who Brought Gun to School Resigns.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Education , Gun & Firearm Safety and Injuries , School Safety

Bookmark:

Inflatable bounce houses are common sites in cities and towns big and small throughout Florida and the rest of the United States. Children love to play in them and jump around. Unfortunately, bounce houses are the site of serious personal injuries for children as well. Personal injuries and even wrongful deaths can occur especially when safety rules are not followed. In Washington State, a three year old boy died (Jacob Pierce) when an adult jumper fell on the little boy and crushed his skull. It is always important to separate children from adults. Furthermore, it is important to separate children by size and age. In Pop Warner Football, 110 pound boys do not play in the same games as 70 pound boys. This should work the same for bounce houses.

The Consumer Product Safety Commission (CPSC) reported that almost 5000 injuries resulted during the use of bounce houses between 1997 and 2004. Between 2002 and 2005, 4 people were reported to lose their lives during bounce house use / play. The ages of the victims were between 14 and 24. As you can see, young children, teenagers, and, yes, adults are all at risk for injury with bounce house use / play.

You can read more about this bounce houses - dangers and safety tips at Fatal Fun - Inflatable Bounce Houses.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Child Safety , Day Care Centers and Child Care , Education , Playground & Recreation Injuries , School Safety , Slip & Fall Injuries , Sport Related Injuries

Bookmark:

Family of girl who died on field trip sued Orange County, School Board. Rametria Evelena Gilbert, age 13, was on a walking field trip to go to a local park. During the walk, she got tired and sat down to rest. The field trip involved kite flying at the local park.

The girl /student was left on a curb on the walk back to the school when she got tired and short of breath. The case will undoubtedly involve various medical and legal issues including the following:

What was the girl's prior medical history?

Did the parents approve the field trip?

Did the girl have any problems walking?

Did the girl have any physical restrictions while at school? Physical education?

What was the medical cause of death?

What amount of time elapsed between the girl sitting down and the call to 911?

What medical care could have or should have been provided to the girl in a more timely manner?

Even if the family proves that there was negligence, the family must also prove that the delay did indeed make a difference. In other words, the family must prove that more timely medical care would have within a reasonable degree of medical probability saved the girl's life.

You can read more about this story at Family of Middle School Student Who Died on the Field Trip Sues Orange County Florida School District.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Education , School Safety , Wrongful Death

Bookmark:

The Florida Times Union (Jacksonville, Florida) newspaper recently published an article titled Are Autistic Children at Greater Risk for Child Abuse? Autistic children frequently have problems communicating. This, in turn, makes it difficult at times to identify abuse that is inflicted by teachers, caregivers, other children, relatives, and, yes, at times parents. A study conducted by the University of Pennsylvania showed that approximately 1 in 5 autistic children were abused from the sample population studied of 156 autistic children.

Recently, a Jacksonville, Florida teacher (Rhona Milton) was arrested for trying to toilet train an autistic student in the classroom. Ms. Milton's methods included tying the student to a chair for several hours at at time at Kernan Trail Elementary School which is in the Duval County School District.

As a Florida child injury attorney, I know that it is often challenging to prove that an autistic child or a special needs child has, in fact, been abused. Without a child to tell the story, there are challenges to proving up the facts on cases of this nature. Nonetheless, investigations by an attorney, private investigator, and / or the Department of Children and Families and other agencies can often times yield valuable information and proof to bring a case forward for personal injuries and related damages to the autistic / special needs child.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Autism , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety

Bookmark:

Florida day care and child care programs have a duty to report incidents / accidents resulting in injury that required medical attention on Incident / Accident Form. The Florida Department of Children and Families has a Sample Incident / Accident Report posted to its official website. I have reviewed numerous Incident / Accident Reports involving personal injuries sustained by children in a day care / child care center in Florida. Some facilities are more detailed and accurate in completing these forms than other facilities. Some day care / child care providers even have gone as far as falsifying information and "facts" in these reports to intentionally mislead parents and the Department of Children and Families. Some facilities ask that a parent sign off on the Accident / Incident Report. A parent can sign off on the form as an acknowledge of receipt of the document rather than an acknowledgement or agreement with the facts as presented. Parents should ask for a copy of the Accident / Incident Report and any other information / documentation regarding the child's personal injuries.

The Accident / Incident Report is only one piece of the puzzle or investigation into the cause, reason, and preventability of the personal injuries in the day care setting. Of course, a parent should question whether the Accident / Incident Report is accurate especially since it may have been written by a person who may have negligently or intentionally caused harm to the child.

A concerned parent should act as an advocate of his or her child by finding out as much information as possible, contacting a Florida child injury attorney / lawyer, and, when necessary, contacting law enforcement and / or the Florida Department of Children and Families to further investigate the incident and resulting injuries.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety

Bookmark:

The Sigma Lambda Gamma Sorority chapter at the University of Florida has been suspended for hazing violations. Pledges were required to follow a list of 37 rules imposed by initiated sisters of the sorority. The 37 rules included physical activity requirements like push ups and running. Furthermore, there were rules and restrictions as to eating, make up, and how to get to classes. Pledges were not allowed to use campus elevators. New reports indicate that one pledge got sick in the process. Many may think that this is all part of the initiation process and nobody was seriously injured. This is really short sighted thinking. It is well known that hazing has caused wrongful death and serious personal injuries to college students throughout the nation. Furthermore, there is a psychological toll to pledges or recruits from hazing. The immaturity of some college students is readily apparent when hazing incidents are publicized.

The University of Florida bans physical brutality and any other activity that could adversely affect the mental health or dignity of a student. You can read more about the suspension of the Sigma Lambda Gamma Sorority at University of Florida Sorority Suspended for Hazing Violations.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Education , School Safety

Bookmark:

In studying history, we all learn about the "shot heard around the world" which actually is a line from Ralph Waldo Emerson's Concord Hymm written in 1837. The term has been used to describe the start of the American Revolutionary War as well as the beginning of World War I. Recently, there wasn't another shot heard around the world but there was a "fart" heard or written about across the nation. The "fart" at issue involved a 15 year old student in Polk County, Florida who was banned from riding the school bus for a few days due to farting. You can read about the fart heard around the nation and the banning of the student from the bus in my legal brief's newsletter at Florida Teen Banned from School Bus for Farting and Causing Disruption.

If you have a legal question or believe that you have suffered injuries as a result of something more than the smell of passing gas, please contact a Florida Personal Injury Lawyer for advice, consultation, and representation.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Education , Legal Briefs Newsletter , School Safety

Bookmark:

In Florida, some school districts still allow paddling. Personally, I do not support the use of paddling in the school system as I believe it is a short sighted and often times misused means of discipline. In Wakulla County, Florida, the Wakulla County Sheriff's Office is investigating allegations of child abuse against an employee of the Crawfordville Elementary School. The parent of an 11 year old child reported the abuse to officials. The parent thought that the paddling was excessive. Corporal punishment, while allowed, can also be a crime if it results in physical injuries as defined by Section 39.01, Florida. You can read more about this statute and my commentary at Corporal Punishment In Florida - What Is Considered Excessive? Florida Law.

You can read more about this story at Investigation as to Excessive Paddling to 11 Year Old at Crawfordville Elementary School.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Crimes Against Children , Education , School Safety , Violent Crimes

Bookmark:

In Jacksonville, Florida and other cities through Florida and the national, there is a dedicated group of people who do their best to keep our children safe during the school year. Jacksonville, Florida school crossing guards serve a very important function. They are posted at busy intersections and add a safety measure that has undoubtedly saved from serious injuries and death every year. The Florida Times Union Newspaper wrote a nice story about school crossing guards, who through their actions and dedications should be honored and thanked by our community: Sylvia Wilson, Charlie DeSalvo, Faye Goldsby, Faye Goldsby, Connie Horton, and Bernice Washington - Thank you for your service and everything you do to promote the safety of our children. You can read about these dedicated Jacksonville, Florida school crossing guards at School Crossing Guards Take Top Honors.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Bicycle Injuries , Child Safety , Education , Pedestrian Injuries , School Safety

Bookmark:

A lawsuit was filed by the American Civil Liberties Union (ACLU) against the Nassau County Public School District. The district refused to allow students from Yulee Middle School to form a Gay - Straight Alliance on campus. The School Board amended the rules in 2008 to require groups to have a charter, constitution, and parental permission.

The lawsuit seeks to force the school district to allow the Gay - Straight Alliance on campus on school grounds. This case is not about whether a person supports or is against groups with gay students or a gay focus. It is about what the school district can allow and disallow on school grounds. It will be interesting to see how the judge / jury decides the issues in this case. You can read more about this story at ACLU Sues Nassau School District Over Banning of Group from School Grounds.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Education , Education Law , School Safety

Bookmark:

Unfortunately, schools can be dangerous cases. There are incidents reported every day of students bringing guns and knives to school. Sometimes, it is the teacher that makes the school more dangerous. In Gainesville High School, Mark Stockdale, a teacher at Eastside High School, was arrested by the Alachua County Sheriff's Office for bringing two loaded guns to school. Police found a loaded Derringer in the teacher's pocket. A search of his car found a loaded .44 caliber revolver.

It is truly amazing that teachers commit these type of crimes and others. Teachers have a higher education but often times lack the common sense and good judgment that should go along with their positions of trust and responsibility. You can read more about this story at Gainesville Florida High School Teacher Arrested for Gun Possession at School.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Education , Gun & Firearm Safety and Injuries , School Safety

Bookmark:

Drug dealing at school cause major problems. What is drug dealing? Well, it can be the selling of drugs or merely the passing out of drugs to friends and other students at school. One student at Palm Springs, Florida Middle School thought it was a good idea to bring in Xanax pills to school and pass them out to other students. Nine students who took the drug became ill with two of the students requiring an hospital evaluation and care. Xanax is a common drug used for anti anxiety. It is also a dangerous drug in the hands of children who lack good judgment when taking drugs. Experimentation can lead to serious personal injuries and death to children. You can read more about this story at Palm Springs, Florida Students Get Sick After Taking Xanax at School.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Education , Medical Care & Health Issues , School Safety

Bookmark:

Every school day, school crossing guards like Donna Hoffman are out in force in Jacksonville, Florida and other cities across the State of Florida. Crossing Guards work limited hours and are paid by the hour at a modest rate. Even with the limited benefits of the job, many concerned and dedicated residents take on these jobs that perform such an important function in our community. The safety of our children is vital. Crossing guards make a presence every day in their brightly colored uniforms and activities at busy intersections at and near school zones. Donna Hoffman is a dedicated school crossing guard in Jacksonville, Florida. She knows that the job is important and takes her responsibilities very seriously. Donna states that "there's dos and don'ts" when performing duties as a school crossing guard. Donna has been named School Crossing Guard of the Year for her dedication to the job and safety of children. You can read more about Donna Hoffman and details about being a school crossing guard at Crossing Guard of the Year - Donna Hoffman.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Education , Pedestrian Injuries , School Safety

Bookmark:

The Duval County School Board for Duval County has rules, regulations, and procedures for bus drivers, bus routes, seat belts, and conduct on a school bus. Pursuant to Chapter 8, Auxilary Services - Section 8.30, Student Transportation - Duval County School Board Policy Manual, students have a duty to abide by the rules for safety and behavior. Violations of the student conduct board can result in the suspension of the student's bus riding privileges. The student's parents and guardians have the responsibility to make sure that the student abides by the rules.

In my review of the School Board Policy Manual, I did not see any provision or procedure that permitted a bus driver to kick students off the bus when there was unruly behavior. In Jacksonville, Florida, a bus driver of students from Ribault Middle School instructed students to get off a bus at Rutledge Pearson Elementary. Many students were left without a ride home and walked to their designated bus stop. Others called parents who were angry at the actions taken by the bus driver.

The students were misbehaving and setting off the alarms on the emergency exit. It appears that this bad behavior made it unsafe to operate the bus. In this situation, the bus driver was put in a tough situation. Police could have been called. The children could have been transferred to another bus. The company operating the bus, First Student, will be conducting an investigation into this incident. Fortunately, no children suffered any physical injuries as as result of this incident. It would have been tragic if an accident occurred due to children misbehaving on the bus. You can read more about this story at Mom Says Jacksonville Florida School Bus Driver Kicked Students Off the Bus.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Education , School Safety

Bookmark:

A school bus driver from Pinellas County, Florida rear ended a vehicle properly stopped for an emergency rescue vehicle. Bus driver, Linden Brown, was issued a traffic citation for the crash. Two students from Bay Pointe Elementary School were taken to a local hospital for medical treatment following the school bus / automobile accident.

This accident shows the importance of pulling over for emergency rescue vehicles. All drivers including school bus drivers have a duty to obey these rules of the road. Children depend on school bus drivers for their safety every day. You can read more about this story at Pinellas County School Bus Driver Cited for Careless Driving.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Education , School Safety , Traffic Citations , Traffic Citations

Bookmark:

Seven students from the Pine Ridge Education Center in Broward County, Florida suffered personal injuries when another driver rearended their school bus. According to reports, the school bus was stopped at a red light. How could the other driver have not seen the school bus? Many rear end accidents in Florida result from driver inattention, distraction, and excessive speed for the road and traffic conditions.

Pursuant to Section 316.0895, Florida Statutes - Following Too Closely, a driver shall not follow behind another motor vehicle more closely than what is reasonable and prudent. What is reasonable and prudent under this statute? It all depends on the speed of the vehicles, traffic, road conditions, and other circumstances. Florida law presumes that a driver that rear ends another vehicle is negligent unless there is a viable excuse or explanation for the accident.

You can read more about the school bus accident in Broward County, Florida at Seven South Florida Students Injured in School Bus Accident.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Child Safety , Education , School Safety , Statutory References (Florida) , Traffic Citations , Traffic Citations

Bookmark:

Joshua Sage, age 18, jumped off a school bus in St. Petersburg, Florida. He died as a result of a skull fracture. What a terrible thing to happen? Why did this happen? As reported by the St. Petersburg Times and the Associated Press, Joshua was on a school bus. Children were misbehaving and being rowdy on the school bus so the bus driver decided to return back to St. Petersburg High School. Joshua feared getting in trouble for the behavior problems and decided to jump off the bus.

School districts in Florida have rules and procedures for dealing with behavior problems on buses. For some reason, some children / students feel that the school bus is a jungle gym or some other play area. Some children do not feel that "goofing around" is ok on a school bus since the bus driver cannot see you and the school bus is off of school grounds. When children are out of control on school buses, children can get hurt and suffer serious personal injuries.

School bus drivers have a challenge in driving our children in the State of Florida. It is important that the school bus driver maintain control but this is not always easy with children, especially teenagers who have minds of their own.

You can read about the Joshua Sage story at Teen Jumps From School Bus in St. Petersburg, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Education , School Safety

Bookmark:

Phyllis Musumeci is the founder of Florida Families Against Restraint and Seclusion and the National Families Against Restraint and Seclusion. Phyliss is also a mom on a mission to end restraints on special education / special need students. Unfortunately, many special education law students including those with autism, ADHD, cerebral palsy, and other disabilities, are unduly restrained in public and private schools in Florida and the rest of the United States. Phyliss was asked to speak by the National Disability Rights Network in Washington, D.C. A new report on the issue of restraints and seclusion of special education students show widespread use in public schools throughout the nation. Some child rights and education rights advocates believe that the restraints amount to abuse and neglect of these students. Furthermore, the use of these restraints often times causes serious personal injuries and the wrongful death of special education students.

Under Florida law, school officials can restrain a special education student who is deemed to be a danger to themselves or others in the school environment. Muscumeci and others believe that Florida law is too vague and that children are often restrained when there is no danger at all to themselves or others. In public schools, some students are restrained for convenience of the teacher or staff rather than for the safety and welfare of the student. You can read more about Phyliss Muscumeci's efforts and the problems of restraints of special education students at Child Advocacy Groups and Mom Seek to End Restraints of Special Education Students in Florida and Other States.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Education , Education Law , School Safety , Special Needs Children

Bookmark:

A Jacksonville, Florida kindergarten teacher was charged with drug possession. Gina R. Cevasco, age 38, was transferred to a position involving no student contact pending an investigation into her arrest and criminal charges for drug possession. Ms. Cevasco is a kindergarten teacher at Cedar Hills Elementary School. She was arrested after policy went to her home to investigate a drug complaint. The officer found marijuana and a crack pipe in the home. A handgun was also found in the home. A search of Ms. Cevasco's room located more marijuana and some prescription pills.

The police investigation will involve the interview of witnesses and a determination of Ms. Cevasco's involvement with the possession of these drugs. It appears clear that someone in this home was using drugs. The key question in the criminal investigation will be who possessed the drugs - mother, son, and / or others.

You can read more about this story at Cedar Hills Elementary School Teacher Charged with Drug Possession.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Education , School Safety

Bookmark:

School buses are heavy and secure vehicles except when they get into a crash with a dump truck. In Lehigh Acres (Lee County), Florida a dump truck driver ran a red light and crashed into a school bus with 19 children on the school bus. Several students and the drivers were taken to the hospital for treatment.

This story shows the importance of all drivers especially those driving big commercial vehicles like dump trucks to follow traffic signals and signs. Running a red light can lead to serious personal injuries and death for that matter. Had the children been in a compact car, the injuries would have been far worse.

You can read more about this story at Dump Truck / School Bus Accident in Lee County, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Education , School Safety , Traffic Citations , Traffic Citations , Trucking Accidents

Bookmark:

Four-year-old Christopher Robles died Friday after he was struck by a van in the street in front of Hartsfield Elementary School in Leon County (Tallahassee) Florida. Christopher got out of his mother's Jeep Cherokee and then ran into the street according to news reports. Christopher was hit as he was crossing the street by a teacher (Cynthia Roy) who was driving a Chevorlet Van. Christopher did not use the crosswalk. According to Tallahassee Police Department Officer David McCranie - the child appeared to have darted out in front of traffic. Officer McCranie noted that speed or alcohol did not appear to have any part in this accident. You can read about this tragic incident at 4 Year Old Hit by a Van at Hartsfield Elementary School in Leon County - Tallahassee, Florida.

It is a sad and tragic event for both the Robles Family and the Roy Family. It is interesting to note that teachers face challenges everyday in the classroom. In addition, teachers have to drive into a school zone every day as part of work. School zones are loaded with children like Christopher Robles and it can be a challenge each day for a teacher to pull his or her vehicle safely into a parking lot while making sure to watch out for children, teachers, and parents.

In Florida, a 4 year old child cannot be held negligent for his or her own actions. A parent can be held negligent for negligent supervision. Other drivers can also be held negligent as well. Florida has a concept called comparative negligence. In other words, a jury could ultimately determine that more than one person was at fault or negligent for an incident taking place. It should also be noted that under Florida law an investigating police officer does no get to be judge and jury for the cause of an accident in a civil case. Unless the police officer actually witnessed the incident, the police officer can be precluded with proper motion and argument from giving an opinion as to who the police officer believed was at fault or the cause of an accident.

Further investigation of the death of Christopher Robles will be completed by the Tallahassee Police Department and the Florida Highway Patrol.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Automobile Insurance , Child Safety , Education , Pedestrian Injuries , School Safety

Bookmark:

In Florida, a day care center / child care center can apply for a license from the Florida Department of Children and Families. In the alternative, a day care center / child care center can apply for religious exempt status. If the day care center / child care center applies for religious exempt status, the facility still must get accreditation from a State of Florida approved agency in order to legally operate as a day care center / child care center. Religious Exempt day care centers / child care centers are still required to follow the Florida Administrative Code and other Florida laws as to the proper operation of the facility and the supervision of the children.

You can read rules, regulations, and information regarding Religious Exempt Day Care / Child Care Center in Florida at the Official Website for the Department of Children and Families - Religious Exempt Day Care Facilities.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Day Care Centers and Child Care , Education , School Safety

Bookmark:

Special needs students in public schools have every right to be educated and supervised based on these special needs. Close and consistent supervision are key ingredients to the safety and welfare of these students. A tragic sexual assault took place at the Kanapaha Middle School in Gainesville, Florida. While a teacher stepped out of the classroom leaving no other teachers or school staff in place for supervision, a 14 year old special needs child was raped. In fact, one boy raped the girl while another held her down. These criminal acts took place while in the Alachua County School System during the school day during day light hours. Certainly, this reprehensible act of violence and abuse of the 14 year old girl would never have happened with a teacher or other adult the classroom. The Alachua County School District is liable for the actions and inactions of its teachers. While the teacher did not want this event to happen, the teacher negligently created an unsupervised environment that the incident did happen. Under Florida Statutes, the Alachua County School Board can be placed on formal notice for negligence and related damages and personal injuries. Then after the expiration of the formal notice period, the Alachua County School Board can be sued.

It is unfortunate that the school, school board, and teacher learned a lesson out of this tragedy. That lesson is that 10 minutes of missing or neglectful supervision can leave to a traumatic event that a 14 year old girl will need to live with for the rest of her life.

You can read more about this story at Alachua County (Gainesville) Florida Special Needs Child Raped in Classroom by Another Student.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Education , Education Law , School Safety , Sexual Offenders / Predators , Special Needs Children , Violent Crimes

Bookmark:

Corporal punishment is still utilized in several Florida school districts and in Florida day care and child care settings. I personally and professionally do not believe in the use of corporal punishment. Whether there is a resulting injury or not, corporal punishment often times leads or causes emotional injury and unacceptable fear in children. Pursuant to Florida Statute Section 39.01, corporal punishment may be considered excessive if it leads to any of the following child injuries or harm:

Sprains, dislocations, or cartilage damage;

Bone or skull fractures;

Brain or spinal cord damage;

Intracranial hemorrhage or injury to other internal organs;

Asphyxiation, suffocation, or drowning;

Injury resulting from the use of a deadly weapon;

Burns or scalding injuries;

Cuts, lacerations, punctures, or bites related injuries;

Permanent or temporary disfigurement;

Permanent or temporary loss or impairment of a body part or function; or

Significant bruises or welts.

You can read this statute and related definitions at the Official Florida Statutes Web Site.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety , Special Needs Children , Violent Crimes

Bookmark:

Nine middle school girls from Congress Middle School were arrested after fight on bus. A fight broke out on the bus. When police later arrived to investigate, students refused to speak to the police about the fight that had taken place. Several of the girls yelled at others on the bus not to cooperate or speak to the police. School buses should be a safe haven for our children not a danger zone or a fight zone for students / children who decide to engage in fighting or violent behavior. Most school districts around the State of Florida have rules in place for bus conduct. Typically, there is a warning given to disruptive students. If the conduct is violent or there are repeated violations of school bus and safety rules, a student may end up being expelled from the bus and even the school. If there is a problem involving a school bus, you should research the local school board / school district rules to better understand the respective rights and responsibilities of the school and the students as it relates to school bus behavior and safety issues. You can read more about the arrests in Boynton Beach, Florida at NIne Congress Middle School Students Arrested After Fight on School Bus.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Education , School Safety

Bookmark:

A Tampa, Florida teenager was arrested for bringing a gun to school and trying to sell it. Talk about a bad place to bring a gun and try to sell it. Kevin Brantly, age 15, brought a 45 caliber handgun in his pocket into the classroom. Fortunately, the gun was unloaded and no children were injured or killed with this gun.

Guns and children are two things that do not belong together in Florida's school system. Schools should be a safe haven for our children not danger zones. It should be a place of learning rather than the OK Corral.

You can read more about this story at Tampa Bay Florida Teenager Brings Gun to School and Tries to Sell It.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Education , Gun & Firearm Safety and Injuries , School Safety

Bookmark:

Each school district in the State of Florida including but not limited to Nassau, Duval, Clay, and St. Johns County have a school board / school district that is in charge with promulgating and enforcing rules and procedures within the school system. In Nassau County, there is a code of conduct set forth in the Code of Conduct for Elementary Students for Nassau County. The Nassau County School Board has set forth four types of violations of the Student Code of Conduct. Class I violations are minor violations while Class IV violations are serious violations - many of which could subject the student to criminal prosecution. When dealing with a School Board / School District, it is often helpful to pull up, research and read the applicable school board rules. Just because the rules are in place does not necessarily mean that the involved teachers, administrators, and school board officials know the school board rules or enforce them properly. It may also be helpful to consult with a
Florida chid injury lawyer / attorney when considering your child's rights within the Florida public school system.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Education , School Safety

Bookmark:

The central Florida city of Deltona recently passed a unanimous ordinance to ban sex offenders from all city / municipal parks. Sex offenders must stay away from any park owned, operated, maintained, or controlled by the city. This ordinance goes hand in hand with similar local, city, county, and State laws that forbid sex offenders from going within a certain distance of schools and other areas where children tend to congregate or go. A similar measure was passed in Woodfin, North Carolina. This measure / ordinance was challenged and brought before the North Carolina Supreme Court which upheld the measure / ordinance. Of course, the laws in North Carolina differ from those in the State of Florida. As such, it is uncertain which way the Supreme Court of Florida would rule on such a matter. I do believe that Deltona's ordinance serves a very important public interest or concern - the safety of our children.

You can read about this story at Ban on Sex Offenders at City Park in Deltona Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Education , School Safety , Sexual Offenders / Predators

Bookmark:

Anthonique Pamphile had a bad idea - bringing a gun to school. He may have had his reasons but guns are dangerous items in a teens hands especially on school grounds. Fortunately, a Lake County substitute teacher at Evans High School was paying attention and doing his job not only as as substitute teacher but also as an off duty police officer. With Officer Billy Evans experience, training, and attentiveness, he was able to spot the fact that Anthonique Pamphile was carrying a concealed weapon / firearm. Harper contacted the police resource officer who patted the student down and located the firearm / gun in the student's pocket. Pamphile was arrested for possession of a firearm on school grounds and possession of a firearm by a minor. It is very fortunate the Officer Billy Evans was paying attention not only to teaching but to the student's conduct and suspicious appearance. Teachers and officers like Billy Harper are vital to our children's safety in the Florida School System. The actions of Billy Harper may even have saved a child, teacher, or adult from suffering serious personal injuries or wrongful death from the discharge / shooting of a firearm in the Lake County Public School System. You can read about this story at Teacher Cop on the Job - Spots Student with Gun in His Pocket.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Education , Gun & Firearm Safety and Injuries , School Safety

Bookmark:

The Miami Herald reported that Florida and North Carolina lead the nation in Certified Teachers. There are over 1800 certified teachers in Florida and over 1400 in North Carolina. It takes 3 years to complete the National Board Certification process which is a voluntary certification. Florida teachers do qualify for some bonus money when they are certified for a certain time period. Certification is a good step towards helping improve the quality of teaching in the State of Florida and other States. I whole heartedly support teachers who want to improve themselves and take on the additional responsibility and dedication of becoming board certified. You can read more about the recent statistics at Florida Leads Nation in Board Certification for Teachers.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Education , School Safety

Bookmark:

When parents send children to school in Jacksonville, Florida and other cities, there are concerns that a parent may have. These include education, safety, bullying, resources, meals, and other general issues. Parents should not have to worry about the air quality or air pollution in schools. Unfortunately, in Jacksonville, Florida and many other cities across the nation, there is a problem with air pollution in the public school system. Five schools in Duval County ranked among the worst schools in the nation for air quality. These schools were Reynolds Lane Elementary, Paxon School for Advanced Studies, Paxon Middle School, Biltmore Elementary, and Palm Avenue Exceptional Center. Other schools in Clay County and Nassau County were among the worst schools in the nation for air quality (i.e. there is an air pollution problem in the school system). You can read more about the study and rankings at Air Studies Reveal Toxic Levels in Schools Around the Nation.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Education , Medical Care & Health Issues , School Safety

Bookmark:

Teenagers often lack good judgment. What seems like a joke or innocent fun for the teenager can actually result in serious criminal charges and trouble for the teenager. In Ohio, a 15 year old high school student from Licking Valley High School is facing felony charges for taking nude photographs of herself and sending them to her classmates. Many law enforcement agencies have a zero tolerance for child pornography even if the pornography is sent out by the child. If convicted, the teen could be faced with a lifetime of having to register as a sex offender wherever the teen lives. The teen appeared in court with a criminal defense lawyer / attorney and denied the charges. Apparently, this kind of conduct of posting nude photographs online is a growing problem for junior high and high school students. You can read more about this story and the problem of internet teen nudity posted by students and others at Licking Valley (Ohio) High School Student Facing Felony Charges for Posting Nude Photographs of Herself Online.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Education , Internet, E-Mail, Text Messaging , School Safety , Sexual Offenders / Predators

Bookmark:

The foster care system in Florida is in place to provide children (who have been abused or who are at risk for abuse) a safe haven. The State of Florida relocates children to a foster parent, who may or may not be related, for temporary short term as well as long term placement. Unfortunately, many foster children are abused, neglected, and seriously injured while under the care of a foster parent. Norma Jean Dillard, of Lakeland, Florida, recently pleaded no contest to charges of child abuse. Apparently, in 2006, a 3 month old child (Jayden Moreno) suffered two skull fractured while under her care. The child was removed from the mother's care when she was arrested on marijuana and cocaine charges in Sebring, Florida. News reports were not clear on how the fractures occurred. Infants, who receive good and attentive care, usually are not taken to the hospital with skull fractures. The evidence was strong enough to convince Ms. Dillard to take a plea deal on the case. You can read the news report about this criminal case at Child Abuse Suspect in Florida Gets 15 Years Probation for Skull Fractures.

It is vital that parents, foster parents, day care providers, teachers, medical providers, and other care givers of children properly supervise and protect children (especially small children, toddlers, and infants) from abuse, neglect, and serious personal injuries.

When there is a report or incident of abuse, the State of Florida Department of Children and Families has a duty to investigate. In addition, law enforcement, the State Attorney's office, and private attorneys are also involved in the matter. Personal injury attorneys frequently represent the interest of the child when the abuse or neglect results from negligence and / or the failure to properly supervise the child in a school, day care / child care program, neighbor's house, friend's house, and, even, a relative's house. If there is a serious personal injury involving a child, it is important to consult with a Florida personal injury lawyer / attorney to make sure that the rights of the injured child are enforced.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , School Safety , Violent Crimes

Bookmark:

When a parent leaves his or her child at a day care center, it would be reasonable for the parent to expect that the child would be properly cared for and not placed in danger. The above You Tube video shows how tragedy can result from inattention and simple and careless mistakes made by day care and child care personnel in Florida and other states. It is vital for day care, child care, and school drivers of buses, vans, and vehicles to make sure that all children have properly exited the vehicle and that no child is left in an unattended vehicle. Leaving a child in an unattended vehicle can lead the hyperthermia, hypothermia, dehydration, suffocation, injury from automatic doors and windows, strangulation from seat belts, and other injuries and yes, in some cases, death.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Automobile Accidents , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety , Wrongful Death

Bookmark:

It is well known that Florida children, especially those under the age of 5, lack the knowledge and judgment about the dangers of poisons which are part of many common household products. The ingestion of poison can result in serious child personal injuries and, in some instances, death in Florida. For day care / child care centers, homes, and other locations where children are located, it is important to keep poisons out of reach and locked up when necessary. Prevention and supervision are key factors to reducing the incidents of poisoning. When an incident takes place, it is important for child care personnel, teachers, caregivers, and supervisors of children to take immediate action. Training in the area of poison control and response are also very important to the safety, health, and well being of Florida children. The American Association of Poison Control Centers has a great web site at http://www.aapcc.org/DNN/ . You can read about local poison control centers, poison prevention, first aid, and many other important topics. A day care center, child care center, school, neighbor, camp, health care provider, business, government entity, and others may be held liable for injuries or death caused by the accidental or negligent poisoning leading to injuries and / or death to a Florida child.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Alcohol & Drug Issues , Child Safety , Day Care Centers and Child Care , Education , Homeowner's Insurance / Injuries at a Home , Medical Care & Health Issues , School Safety , Wrongful Death

Bookmark:

In the last 50 years, education has taken great strides in progress. Despite these advances, corporal punishment, paddling, and spanking are still used to enforce rules and attempt to modify behavior in school districts throughout the United States. I remember as an elementary school student when friends and classmates were called to the principal's office for discipline and paddling. The classmate would come back red in the face, upset, and crying. Back then and now, I think that it is a barbaric way to discipline a child at school and at home. Administrators and teachers need to use their resources to teach children rather than figure out effective ways to beat and abuse them. That being said, it is important for parents to study and know the county, school district, and state laws that apply to corporal punishment, spanking and paddling. I located a comprehensive list of laws for each state at United States - Legislation Dealing with Corporal Punishment.

Corporal Punishment sometimes causes physical scars and child injuries and in most cases caused emotional scars that can last a lifetime.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Education , Medical Care & Health Issues , School Safety

Bookmark:

Officials and investigators with the Broward County, Florida School District are investigating the death of Amanda Collette who was murdered by a fellow student, Teah Wimberly. News reports indicate that another student may have told school officials about the presence of the gun on school property prior to the shooting, according to the Orlando Sentinel newspaper. School officials in Florida and other States have a duty to provide a reasonably safe environment for the students and to prevent personal child injuries and harm to students. If a gun or other weapon is reported to be present on school property, school officials should take such information very seriously to check into the truthfulness of the statement and to remove the weapon and the possessing student from the school in an expedited manner. Of course, guns and knives have no place in the public or private school system in Florida or any other State. If the school was informed of the presence of the gun on school property, the Broward County School District may be liable for negligence in failing to take affirmative action to protect Amanda Collette and other students within the school system. While there are certain legal protections for government entities like school boards, the Broward County School District can still be sued if the actions or inactions of its employees led to personal injuries or death of a student. You can read more about the developments in this investigation at Student May Have Informed Dillard High School Officials About Gun.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Education , Gun & Firearm Safety and Injuries , School Safety , Violent Crimes

Bookmark:

Dillard High School, in Fort Lauderdale (Broward County) Florida was the site of a wrongful death (murder) as one student (Teah Wimberly) shot another student (Amanda Collette - Age 15) in the crowded hallway of the school. The Fort Lauderdale Police Department responded to the scene and arrested Teah Wimberly and charged her with first degree murder. Teah Wimberly called police from Capatain Crab's Take Away. Several students witnessed the incident and could have been shot as well since the shooting took place in a crowded hall way. While police have the suspect in custody who clearly shot the other student, there are several questions and issues to investigate by the school system, police, and the state attorney's office. Were there prior threats by Teah Wimberly? What kind of student was Teah Wimberly? What were the issues between Teah Wimberly and Amanda Collette? How did Teah Wimberly bring the gun into the school? Were there prior shootings in the school? What precautions were taken to help prevent violence in the school? You can read more about this tragedy at Florida High School Student Shot in Crowded Hallway at Dillard High School.

It would be very important to know who owned the gun and how this 15 year old (Teah Wimberly) got her hands on the gun to commit the heinous and terrible act of murdering another child.

The Center for Disease Control and Prevention reports that over 5000 young people ages between 10 and 24 were murdered. Over 80 % of the victims were murdered by a firearm. You can read more about the Center for Disease Control and Prevention studies and analysis of violent crimes and firearms at the Center for Disease Control and Prevention Web Site.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Education , School Safety , Violent Crimes , Wrongful Death

Bookmark:

Duval, Nassau, and St. Johns County School Districts are updating anti-bullying and anti-cyber bullying rules and procedures. Bullying, both in the physical and psychological form, is a big problem in the Florida school system. With thousands of children with mobile phones, computers, and lap tops and the growing use of text messaging, e mails, My Space, Face Book, and other Social Networking web sites, cyber bullying is an increasing and serious problem to our children in our Florida school system. School administrators can enforce school board rules and policies for acts that take place on school grounds and / or with school equipment. This can be tricky when dealing with cyber bullying. Where was the message sent from? What equipment was used? What time did the cyber bullying take place? Regardless of the time, place or manner of bullying or cyber bullying, school administrators, parents, and, yes, other students, should take all reasonable efforts to report and address bullying. Instead of supporting the bully, other students should do what they can to discourage peers and other students from bullying other children. You can read more about the developments in Duval, Nassau, and St. Johns County School Districts at New Florida Laws Help Bolster Anti Bullying Rules and Procedures.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Education , Internet, E-Mail, Text Messaging , School Safety

Bookmark:

More than 53 million children nationwide spend over 25 % of their waking hours in school or on school grounds. Over the years, I have handled several playground and school related injuries. Teachers and other school employees have a duty to supervise children at school. This especially applies to elementary aged students. Supervising would include watching out for the children on the playground and other parts of the school. It also involves watching out for bullies and other school related violence. Sometimes, a child gets hurt from a innocent prank gone wrong. The prank took place because children were not properly supervised. Whether it is on the bus, sports fields, or classroom, parents like myself relay on teachers and other school employees to watch over our children. Attentiveness and safety measures can and do avoid problems and injuries. You can learn more about school and playground related injuries at Safe Kids USA - a website that whose "mission is to prevent accidental childhood injury, a leading killer of children 14 and under."

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Day Care Centers and Child Care , Education , Playground & Recreation Injuries , School Safety , Slip & Fall Injuries , Sport Related Injuries

Bookmark:

The University of Florida is a very good college that is increasingly getting more difficult to admitted for college. The University of Florida is home to the Gators, thousands of college students, and many fraternities and sororities. Those lucky enough to gain admission and get an education there often times squander the opportunity given to them. Some drink too much. Some waste their time away rather than attend to their studies. Some haze or abuse other students in the fraternity system.

Students can be seriously harmed emotionally and physically from acts of hazing. Some college students suffer serious personal injuries and even death as a result of hazing. Some Florida fraternities are mere gangs with more formally educated members. The spirit of brotherhood does not thrive in an environment of hazing. The spirit of brotherhood is better served with hard work, honesty, integrity, and friendship.

I am a college graduate of the University of Florida and also a proud alumni of Lambda Chi Alpha Fraternity. I am quite familiar with the fraternity system. When I was in college, I heard stories about hazing that took place at other fraternities (including TEP) and it looks like the not so fine tradition of hazing has continued into the year 2008. The UF Tau Epsilon Phi (TEP) Fraternity is currently being investigated for hazing which included forcing pledges to consume laxatives, having body part submerged into water, pouring food on them and forcing the pledges to do physical exercises. These shameless acts (if true) do not promote brotherhood or integrity. The acts only serve to embarrass and demean the pledges and to form as a sick and twisted form of entertainment for the older brothers of the fraternity. Many fraternities have been suspended and even have lost their charters for hazing. School officials, the University of Florida Police Department, and / or the Gainesville Police Department should complete an investigate and punish those responsible for these acts of hazing.

See University of Florida Fraternity Investigated for Hazing Incidents.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Education , School Safety , Violent Crimes

Bookmark:

A Palm Bay, Florida day care owner has been accused and arrested for child abuse. Paul Green, owner of Creative Years Learning Day Care on Malabar Road in Palm Bay, Florida was arrested when it a 3 year old reported to an employee that Mr. Green caused a severe bruise on the right year of the boy. The boy stated that "Paul did it." Of course, the statement came from a 3 year old boy and it is difficult to tell from these facts alone what happened. The police appear to have probable cause to investigate and arrest Mr. Green for this act that caused a visible and traumatic injury to a Florida child. The criminal case will be investigated by the police and local state attorney's office. The State of Florida must prove beyond a reasonable doubt that Mr. Green committed a crime of child abuse. The criminal case is different than a civil case. In a civil case, the family must prove by a preponderance of the evidence that the child was abused or neglected. Preponderance of the evidence is the "more likely than not" standard of proof. If Mr. Green's actions were intentional meaning he intended on hitting and injuring the child, these actions may not be covered under the liability insurance policy for the day care center.

The Florida Department of Children and Families should be notified any time that it is suspected that a child has been abused or neglected at a Florida day care or child care center. Photographs should be taken and an incident report should be documented. Parents who place their children in the care of a day care and child care center have the right to demand and expect good care. When a child is injured through negligent acts or intentional acts of a child care worker or owner of the center, action should be taken to address the transgressions. The arrest of Paul Green, owner of Creative Years Learning Day Care Center, was reported at Central Florida 13 News Web Site at Central Florida Day Care Owner Arrested for Child Abuse.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety , Violent Crimes

Bookmark:

Barack Obama was elected at the first African American President of the United States of America. A milestone for American politics, society, and equality. While it would appear that this nation is progressing forward, there are still a great many incidents of hate and racial prejudice in Jacksonville, Florida and beyond. In particular, after the election of Barack Obama, students at First Coast High School in Jacksonville, Florida received hateful text messages using racial slurs and threats. You can read more about this story in an article written by Topher Sanders, education writer for the Florida Times Union Newspaper at Racial Text Messages at First Coast High School in Jacksonville, Florida. Certainly, the election of Barack Obama was an important event in American history even if you did not vote for him or support his proposed policies. However, the election of Barack Obama has not and will not erase past acts of hate or, for that matter, future acts of hate. Hopefully, the police will be able to determine the source and author of the text messages and prosecute the creators of the text messages.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Education , Internet, E-Mail, Text Messaging , School Safety

Bookmark:

Each year thousands of children in Florida including Jacksonville are injured as a result of bicycle accidents. Drivers should always yield to a child on a bicycle. Slow down your vehicle. Yield to the child. Protect the child. Nationwide, more than 500,000 people are treated in emergency rooms each year as a result of bicycle accidents. Over 700 people die as a result of bicycle accidents. Thousands of child suffer broken / fractured bones, extended hospital admissions, scarring and other injuries as a result of these accidents. Many of these accidents and deaths would be avoided with more safe and more attentive driving. Children are at high risk for injuries from bicycle accidents. In 2001, children 15 years and younger accounted for more than 50 % of all bicycle related injuries. Children who are injured in bicycle accidents should be seen immediately by a specialist. In Jacksonville, the pediatric emergency room is located at Wolfson Children's Hospital and Baptist Hospial. Nemours Children's Clinic employs many specialists who can provide ongoing medical care subsequent to an accident including pediatric orthopedists. If you or someone you know has a child who was the victim in a bicycle related accident, it is helpful to have an attorney and, in many instances, an investigator in place to review the facts, take photographs / video tape, and interview witnesses. For more information on bicycle accidents, statistics, and safety, you can go to the National Center for Injury Prevention and Control a site hosted by the Center for Disease Control and Prevention.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Bicycle Injuries , Child Safety , Education , School Safety

Bookmark:

School bus drivers in Florida and other States often times have problems with children who misbehave on the bus. There are right ways to deal with discipline issues and then there are wrong ways. In Volusia County (Daytona Beach), Florida, Genorris Davis-Summers threatened the students that she would stop the school bus on railroad tracks and leave the students there if the students did not correct their behavior. The driver was subsequently for 20 days without pay. The bus driver denied making the threats but it was reported that the incident was captured on video. It is uncertain if the video contained audio as well. You can read more about this story at School Bus Driver Threatens to Stop on Railroad Tracks in Volusia County, Florida.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Education , School Safety

Bookmark:

Florida Day Care / Child Care facilities must be clean, free from health and safety hazards and from vermin infestation. Under Rule 65C-22.002 Physical Environment of the Florida Administrative Code, a Day Care / Child Care facility provides that no part of the Day Care / Child Care building shall be used for any activity that endangers the health or safety of the children. This means that the Day Care / Child Care facility must keep the facility clean, keep dangerous machines / equipment away or out of the access of children, keep chemicals including but not limited to cleaning supplies, flammable products, poisonous products, and toxic products away from children, keep fire arms, knives, sharp objects, and other dangerous products away from children, and keep alcohol and drugs out of the reach of children. Smoking is prohibited in inside and outside the Day Care / Child Care facility as well as the vehicles used to transport children.

The failure of a Day Care / Child Care facility to follow the Florida Administrative Code and other laws and regulations often times leads to injury or harm to the child. Typically common sense, hard work, and attention to detail can avoid injuries to children in the Day Care / Child Care setting.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Abuse & Neglect , Child Safety , Crimes Against Children , Day Care Centers and Child Care , Education , School Safety , Statutory References (Florida)

Bookmark:

Florida has great weather year round which allows for the use of bounce houses year round at backyard birthday parties, neighborhood parties, schools, churches, and parks. The Consumer Product Safety Commission (CPSC) reported that approximately 4900 injuries resulted in emergency room visits in 2004. There have even been deaths that have occurred in bounce houses. Many serious injuries and deaths have resulted from the lack of supervision and the presence of older children or adults with younger children. Unsupervised, many children attempt stunts that are very dangerous which in turn result in head injuries and other injuries. Good behavior by the children and constant supervision by parents and caregivers can help prevent injuries to children while playing in a bounce house.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Attractions & Theme Parks , Attractive Nuisances , Child Safety , Day Care Centers and Child Care , Education , Playground & Recreation Injuries , School Safety , Slip & Fall Injuries

Bookmark:

The Florida Department of Highway Safety and Motor Vehicles launched a web site at www.TakeTheWheel.net The web site contains information, video, stories, and advice from other teens on teen driving. Distracted driving, speeding, and other safety topics are covered by teens. The purpose of the site is to help educate teens and create awareness of both the responsibilities and dangers of teen driving. I believe that the Peer to Peer approach may help "drive home" the safety tips and issues on the web site. Have your teen go to the web site and take in the advice.

Automobile accidents and trucking accidents often times involve an inexperienced teen driver. Hopefully, web sites like www.TakeTheWheel.net will get the message through to teens about the importance of safe driving. Negligent teen driving leads to thousands of accidents and injuries a year. In 2007, over 400 people died in an accident where a teen was driving.

We should all encourage teens and others to think about the safety of the themselves and others on Florida roadways.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Automobile Accidents , Education , School Safety

Bookmark:

Florida Statute Section 402.305 sets forth the Licensing Standards for day care / child care facilities in the State of Florida including standards for Staff to Children Ratios. Under Section 402.305 (4), Florida Statutes, a day care / child care facility must have staffing as follows:

1. One child care worker for every four children (ages birth through 1 year of age);

2. One child care worker for every six children (ages 1 year and under 2 years of age); and

3. One child care worker for every 11 children (2 years of age and under 3 years of age).

The staffing requirements continue forward for different age groups through ages 5 years of age and older - the Staff to Children Ratio is one child care worker for every 25 students. There are exemptions to this general rule.

Staffing standards are important because they help promote minimum staffing for the health, safety, and welfare of the children. In the day care / child care setting, the children need supervision and guidance. Having a facility properly staffed with trained and conscientious child care personnel is vital to helping prevent serious child injuries.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Day Care Centers and Child Care , Education , School Safety

Bookmark:

The State of Rhode Island is taking the lead in educating public school students (middle and high school) about the dangers of domestic violence and dating violence. A new law called the Lindsay Ann Burke Act requires that all public middle and high schools teach the students about dating violence in health related classes. Lindsay Ann Burke was the most unfortunate and tragic victim of an ex boyfriend who decided to slash Lindsay's throat and kill her rather than face a life without Lindsay as his girlfriend. The ex boyfriend will have a lifetime to think about his actions as he was convicted of murder and sentenced to life in prison without the possibility of parole.

I believe that other States including Florida should follow the lead of Rhode Island in educating students about the dangerous and real life problems of dating violence and domestic violence. You can read more about the program being instituted in Rhode Island as well as the Lindsay Burke story at Rhode Island Schools Required to Teach about Dating Violence.

Posted by David A. Wolf | Permalink | Email This Post

Posted In: Child Safety , Crimes Against Children , Education , School Safety , Sexual Offenders / Predators , Violent Crimes

Bookmark:

Two central Florida teachers were recently arrested for having sex with students. Cynthia Horvath, age 45, was a teacher at the Warner Christian Academy. She taught English and was a Cheer Coach. According to the investigation, Ms. Horvath had sex on a number of occasions with a 17 year old student. It appears that the sexual activities took place in Port Orange, Florida and South Daytona, Florida. Ms. Horvath was charged with illegal sexual activity with a minor. Really, what was this woman thinking? She has a college degree and was in her 40s. You would think that a woman of this age, education, and life experience would know better than to have sex with a 17 year old student from her school. Teachers Arrested in Separate Sex Scandals in Central Florida.

The Warner Christian Academy has been around for 38 years. It shows that even a well established school is not immune from such scandals. It appears that background checks were done prior to Ms. Horvath's employment.

A Lake County, Florida (Eustis High School) English teacher was arrested recently as well. Laura Pace, age 38, was charged with 5 counts of unlawful sexual activity with a minor. Two teens have come forward and reported that sexual encounters with Ms. Pace.

Yes, criminal defendants are presumed innocent until proven guilty. I suspect that there is a substantial amount of evidence against each teacher. While the testimony of the victim is vital evidence, other important evidence may be text messages, e mails, letters, hotel receipts, dinner receipts, photographs, and videotapes from public or even private places showing contact and a relationship with the minor.

Law enforcement officers are treating good looking female teachers who have sex with students that same way as middle age balding male teacher who has sex with a young female student. That is called equal rights and treatment under the law. If these female teachers had sex with the students, it showed poor judgment and exhibited definite child abuse that is and should be punishable under the law. A teacher, with a college education, training, and knowledge of the laws and policies for the schools, should know better.