Florida Child Injury Lawyer Blog

A national movement that aims to legislate how doctors, young athletes and coaches deal with concussion injuries is gaining momentum. At this year’s Super Bowl, taking place in Miami, Florida, Governor Charlie Crist will be announcing plans for a national initiative that would encourage all fifty states to adopt concussion legislation modeled after the Zackery Lystedt Law in Washington State. In 2006, Lystedt suffered a debilitating brain injury at the age of thirteen as a result of being allowed to return to the field too quickly after suffering a sports-related concussion.

The Washington law requires that athletes, parents and coaches receive education about the dangers of concussions, that children be removed from the game if they are suspected of having a concussion, and that children must be cleared by a medical doctor before returning to the sport. Oregon, California and Pennsylvania have adopted similar laws.

While no such law has been introduced in the Florida legislature, Crist’s planned comments at the Super Bowl would indicate that one may be soon. Currently the Florida High School Athletic Association advises trainers to follow the guidelines set forth in the sports medicine handbook of the National Federation of State High School Associations. Find out more about the proposed nationwide effort to protect youth athletes from brain injuries at Congressional forum to tackle concussion issue in NCAA, high schools.

When a Florida child enters the foster care system, he or she is supposed to be cared for or supervised by a large group of people including foster parents, case workers, and psychologists. Since foster children are already at risk of falling behind in school due to the stress in their home life, an undiagnosed or untreated learning disability can be disastrous for their chances of achieving success later in life.

In Florida and other states, judges have the right to appoint a surrogate parent to advocate for the educational needs of children in the foster care system who are suspected of having learning disabilities. These advocates can request testing and fight for extra help for these children in school. The main problem with the program so far is that there aren’t enough surrogates in the program to support all of the children who need help.

Surrogate parents are volunteers. Northeast Florida has been especially active in recruiting and training surrogates for Jacksonville, Florida area children. You can read more details of the surrogate parent program in northeast Florida at Surrogate parents fill needs of special-needs Jacksonville children.

Special education is vital to help children in need advance in school and generally in life. Unfortunately, many special needs children are not properly diagnosed, provided with proper instruction, or supervised at many public schools, private schools and day care centers. The lack of proper education and related supervision often times leads to injuries that could have otherwise have been prevented. If a child suffers an injury as a result of the negligence of a teacher or caregiver, contact a Florida Child Injury Lawyer to discuss the legal rights of the child and available courses or causes of action.

Three children, one as young as two years old, escaped undetected from a Grace Community Schools daycare center in Cape Coral Florida. The children crossed a busy street where they were gathered up by concerned onlookers. Moments later a few of the school’s employees came outside to look for the kids. One of the onlookers, Nicholas Nuzzi, called the Cape Coral police department to report the incident. He also made a report to the Florida Department of Children and Families.

The Florida Department of Children and Families has confirmed that it is investigating the complaint, and that this particular incident is one of several charges of abuse and neglect made against Grace Community Schools’ schools and daycare center operators. Because the schools are run under a religious exemption, they are not licensed or inspected by the state. Read more about this daycare at Toddlers escape from Cape Coral daycare.

In Florida, a day care center can operate under a religious exempt status if the day care center is part of a bona fide religious institution. But even religious exempt day care centers have employment screening and background checks as well as other requirements. Parents should the take the time and effort to collect information and speak to the day care owners, day care workers, other parents, and the State regulatory agency about the day care center where they will be leaving their child, whether the daycare is state licensed or not.

If your child has been subject to abuse or neglect while in daycare or elsewhere, please contact our firm for expert advice from experienced child injury lawyers.

According to the United States Bureau of Labor Statistics, nearly 62 million people volunteer at least one day a year. Those volunteering to work with the elderly, children or the disabled persons are likely to be screened for “red flags” in their criminal history, such as convictions for drugs, violent crimes, sex crimes and child abuse. The ability to use national criminal history checks to screen out volunteers with certain types of criminal records has been made possible by the National Child Protection Act, signed into law by President Bill Clinton in 1993.

In Florida, a state law requires schools to check volunteers against the sexual predator and offender database. A proposed law would also require youth sports organizations to check the backgrounds of coaches and referees. Some Florida volunteers who have been turned away from positions have hired a lawyer and plan to argue that the background checks violate their rights to privacy.

Checking someone’s background only costs few dollars. That seems like a small price to pay to be able to ensure parents and caregivers that their loved-ones will not be in the care of a person with a known or reported criminal history.

Read more about national laws and policies for criminal background checks on volunteers at Volunteers screened before working with children, elderly.

At Morningside Elementary School in Port St. Lucie, Florkda, a teacher (Wendy Portillo) was fed up with disciplinary issues she had been having with 5-year-old Alex Barton, decided to let the other children in her class vote to decide if the child should be thrown out of class. Alex, who is in the process of being diagnosed with Asperger’s Syndrome, was made to go to the front of the class and listen while each of his classmates was invited to say what they did not like about the boy. Alex lost the vote at 14-2 and was sent to the nurse’s office for the rest of the day.

The child’s mother, Melissa Barton, has filed a complaint, but the state attorney's office has said that the incident did not meet the criteria for emotional child abuse, so no criminal charges will be filed. The Port St. Lucie, Florida Police have documented the claim but are no longer investigating it. Ms. Barton is considering legal action.

Asperger's syndrome is a type of high-functioning autism. Children with Asperger's often exhibit anti-social or disruptive behavior. Because of his disability, Alex has had disciplinary issues. Since the incident, Alex has refused to return to school.

It is absolutely outrageous that a teacher would treat a special needs child this way. Children with disabilities should be treated with extra care and attention, not ridicule and embarrassment.

You can read more about this incident at Teacher lets Morningside students vote out classmate, 5.

The Santa Rosa School District is getting publicity for a problem with school prayer. Frank Lay, who serves at Principal of Pace High School in Pace, Florida, and Robert Freeman, who serves as the School Athletic Director, are the subject of legal proceedings accusing these administrators of promoting prayer in public schools. There is a big debate over the appropriateness and legality of prayer in public schools. Proponents of prayer in school argue that prayer is a tradition, that there is a tradition of prayer in school and public events, and that nobody is harmed when a brief prayer is given. Opponents of prayer in public school argue that the United States Constitution and Florida law ban prayer in public school and that the School District should not promote a religion or any religion for that matter. It is common to see the ACLU as well as the Liberty Counsel participating in these legal matters. The ACLU generally supports a ban or prohibition of prayer in public schools while the Liberty Counsel generally supports the freedom of religion and prayer in school.

Whichever side or philosophy you support, I believe that it is important to let our court and judicial system resolve disputes of this nature. People are very passionate regarding these issues and it is the rule of law and the Constitution that should control these issues rather than politics or the political philosophy of a school administrator or parent for that matter.

You can read more about these issues at Prayer in Public Schools Debates in Santa Rosa County, Florida.

This Article was posted to the Florida Child Injury Lawyer Blog.

Judge Harvey Schlesinger criticized school officials for teaching third grade students a religious song. Of course, there is a debate whether the son "Chatter with the Angels" is a religious song in violation of the U.S. Constitution. The song was previously approved by the Florida Department of Education; however, approval by one government entity does not mean that the teaching the song is constitutional. Judge Schlesinger stated that he is relying on the promise made by the school board that the song would not be taught for the rest of the year. Judge Schlesinger ordered that the school board post his rulings on the district website and / or make the orders available to staff members / employees.

On this and other issues, I would encourage school officials, parents, and teachers to review the policies and procedures for their respective school boards. There is wealth of information online for most every school district in the State of Florida.

You can read more about this story at Judge Raps St. Johns County Officials Over Angel Song.

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.

A Federal Judge ordered San Rosa County, Florida Schools to stop promoting religion in the public school system. A lawsuit was filed by the American Civil Liberties Union against the school district in August. The lawsuit claimed that school official were proselytizing and conducting other religious activities in the school system. Public schools in the State of Florida and its employees are prohibited from promoting religion in the public school. The Santa Rosa School District admitted to the allegations and offered to correct the unconstitutional practices that took place within the school system. You can read more about this story at Federal Judge Orders Schools in Santa Rosa County, Florida To Stop Promoting Religion.

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.

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.

Children are at risk for choking on food items and foreign objects due to physical and developmental factors. Choking can result in a transient or temporary event that causes no significant injuries. In other cases, choking can result in serious airway obstruction or blockage that can lead to permanent brain damage or death.

Children, especially those 5 and younger, need to be closely supervised and monitored. Food items can cause a child to choke. In addition, small foreign objects like coins, buttons, small toy parts, and other common items can cause choking incidents as well. Prevention is key to reduce the incidents of choking. When a choking incident does happen, timely response to vital to protect the health, safety and welfare of the child. A personal injury claim on behalf of a Florida child can be pursued if there was negligence in allowing the child to ingest the dangerous food item or foreign object OR if there was a serious delay in responding to the emergency situation involving a choking incident.

The Center for Disease Control (CDC) has conducted and published studies relating to choking incidents involving children. In 2001, over 17,000 children under the age of 14 were treated in emergency rooms for choking problems and complications. More than half of the incidents involved food items.

Almost 20 % of choking incidents requiring emergency room treatment involved candy items. Some involve hard candy and some involve soft candy like Gummy Bears.

Kids are still ingesting coins which accounted for approximately 18 % of emergency room visits in children between the ages of 1 and 4. You can read more about the CDC Study and Findings at Choking Incidents - Emergency Room Visits and Injuries.

Do Florida children with ADHD (Attention Deficit Hyperactivity Disorder) qualify for Special Education under IDEA (Individuals with Disabilities Education Act)? Like many legal questions that I face as a child rights attorney every day, the answer is "it depends". ADHD is not particularly listed as one of the conditions that could qualify a child / student for Special Education under IDEA. These conditions include the following:

Autism
Hearing impairment (which includes deaf children)
Visual Impairment (which includes blind children)
Mental Retardation
Serious emotional disturbances
Traumatic Brain Injury (TBI)
Orthopedic and related physical impairment
Special learning disability
Other health impairment

The United States Department of Education did add ADHD as a condition under "Other health impairment" as noted in the Children with ADD/ADHD -- Topic Brief in March 1999. However, a parent must show that the ADHD alone or the ADHD combined with other noted conditions produces a need on the part of the child for Special Education.

The National Association for the Education of Young Children (otherwise known as NAEYC) is a non-profit organization based in Washington, D.C. Pre-school programs can be accredited under a voluntary program with NAEYC. Currently, there are 14 pre-school programs accredited under NAEYC which means that the facility met criteria set forth by NAEYC for education, programming, and facilities. It takes a good deal of hard work, planning, and consistent excellence to get a program accredited under NAEYC. One such program in Jacksonville, Florida stands as a model for pre-school programs accredited under NAEYC - Michele Block Gan Yeladim (at the JCA - Jewish Community Alliance) located at 8505 San Jose Boulevard, Jacksonville, FL 32217 - (904) 730-2100. Under the direction of Theresa Levy, the Michele Block Gan Yeladim Pre-School program provides pre-school and Kindergarten education as well as after school care for these children and older children in a clean, safe, and nurturing environment. You can learn more about this wonderful early education program at www.jcajax.org. You can also search for other NAEYC accredited programs in Jacksonville, Florida as well as other cities by visiting the NAEYC Web Site. It is important for parents to research and visit a pre-school facility before enrollment.

Florida School Districts / School Boards have home pages on the internet. When you have a problem with a School District / School Board, it is helpful to read through the School District / School Board site and the School Board Rules. The Florida Department of Education has a Public Schools / District Home Page that has a listing for each county / district / school board in the State of Florida.

Administrators and School Board should be familiar with the rules / regulations and these rules / regulations should be followed the the school, administrators, teachers, and the district. Many disputes can be handled with a simple telephone call or conference with the teacher, administrator, or principal. Some disputes, problems, and issues require more formal action and consideration. These include issues dealing with Special Education, IDEA (Individuals with Disabilities Education Act), and IEP (Individualized Education Plans). As parents, we should educate ourselves as to the the local, State, and Federal rules / regulations to the best of our ability. Parents should serve as the child's advocate in a positive way as should the local school, teachers, administrators, principals, and the district. Before contacting teacher, administrator, principal, or school board, think through the problem. Educate yourself on the local school and school board rules and regulations. If necessary, contact a Special Education lawyer to consider your child's legal rights within the school system and the school's legal responsibilities.

Having a deaf child in the Florida school system can be a wonderful mainstream experience for your child. Then again, it can be most frustrating if the school does not take measures to properly educate the deaf child and provide necessary resources to insure the success of your deaf child in the school system. I reviewed an extensive study and article on the subject of Deaf Children and IDEA (Individuals with Disability Education Act) that was linked at the American Society for Deaf Children Web Site. Parents of deaf children often times arm themselves with education and studies in order to promote and advocate for their child's educational needs and best interests. Often times, parents need help from a Special Education Attorney ready, willing, and able to enforce of the rights of the deaf child under IDEA and related laws. Addressing the educational needs of a deaf child and other special needs children in a timely, professional and effective manner is paramount to the child's educational as well as social growth and maturity. It is also the law.

I am often asked the question, "I need a Lawyer to represent my child's educational needs before a School or School Board. What kind of Lawyer / Attorney do I need?" This is an excellent question. Frankly, Florida Personal Injury Lawyers are easy to find. Watch television or look in the yellow pages. Special Education lawyers / attorneys are not so easy to find. It is helpful to find a Special Education Lawyer in your geographical area. In North Florida, you would look for an attorney in Jacksonville, Orange Park, Jacksonville Beach, St. Augustine, Green Cove Springs, and the surrounding areas. Getting a school and / or school board to educate your child and provide the services required by law can be quite challenging. If necessary, the Special Education Lawyer can request an administrative hearing and get an order to require the school to comply with the applicable federal and state laws regarding your child's educational needs.

Every school district has the legal duty to comply with IDEA (Individuals with Disabilities Education Act). Children that may qualify for special education under this federal law include children with mental retardation, hearing impairment (which includes deafness), visual impairment (which includes blindness), serious emotional disturbance, autism, traumatic brain injury (TBI), special learning disability, or other health impairment.

If you need a Special Education lawyer, contact Wood, Atter & Wolf, P.A., a laws firm "On Your Side - At Your Side."

Children with disabilities and special needs in both public and private institutions in Florida and the rest of the United States should be educated in an environment that is least restrictive. Federal Law - United States Code - Title 20, Chapter 33, Subchapter II, Section 1412 provides the following:

"To the maximum extent appropriate, children with disabilities, including children in public or private institutions or other care facilities, are educated with children who are not disabled, and special classes, separate schooling, or other removal of children with disabilities from the regular educational environment occurs only when the nature or severity of the disability of a child is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily."

Special Education Lawyers in Florida represent and advocate for the educational and best interests of children. Even though it can be challenging to accommodate the needs of a child with disabilities and education, the school, administration, and school board still have a legal duty to comply with Federal and State law. Often times, the school system falls short, ignores the needs of the child and family, and needs to be educated as to the law and educational resources and techniques that should be put in place for the child with Special Needs and disabilities.

In dealing with your child's special education needs in Florida, it is helpful to know the definitions of key terms utilized by special education law advocates, therapists, educators, administrators and school boards. Some key definitions include the following:

Individualized Education Program (IEP)
a yearly education plan written by teachers, therapists, psychologists, etc. and the child's parents for school age children with disabilities

Individualized Family Service Plan (IFSP)
an education plan written by teachers, therapists, psychologists, etc. and the child's parents for a child birth through 2 years old with disabilities

interdisciplinary team
various individuals from different disciplines that assess children's needs (speech therapist, occupational therapist, nurse, psychologist, etc.)

You can find definitions for other key terms at the Special Education Law Dictionary. While it is helpful to know key terms and their definitions, this knowledge, in and of itself, will not necessarily promote the best interests of your special needs child in the school system. A special education lawyer / attorney / advocate can help guide you through the process. Contact Wood, Atter & Wolf, P.A. for more information. At Wood, Atter & Wolf, P.A. - we are On Your Side - At Your Side.