Thursday’s Children and the Law News Roundup

District Not Liable in Student Bullying, Appeals Court Rules, The School Law Blog – Education Week

A Pennsylvania school district cannot be held liable for the bullying of a high school student by one of her peers, despite the fact that school officials re-admitted the perpetrator after she had been found delinquent and then continued to bully the victim, a federal appeals court has ruled.

The full U.S. Court of Appeals for the 3rd Circuit, in Philadelphia, expressed sympathy for the victim and her family but said that under well-established precedents they could not prevail under two distinct theories in holding the district and one of its administrators legally responsible for the bullying.

The court held 9-5 that despite compulsory education laws the school did not have a “special relationship” with its students that would give rise to a duty to protect them from harm from other students. And it ruled 10-4 that legal injuries to the victims were not the result of actions taken by administrators under a “state-created danger” theory of liability.

Past Traumatic Experiences Common Among Detained Juveniles, Juvenile Justice Information Exchange

Most young people placed in detention have experienced at least one traumatic event in their lifetime, according to a new report from the federal Office of Juvenile Justice and Delinquency Prevention (OJJDP).

“PTSD, Trauma and Comorbid Psychiatric Disorders in Detained Youth,” released Tuesday, included findings culled from the Northwestern Juvenile Project, which assessed more than 1,800 young detainees in Chicago between 1995 and 1998. According to the latest OJJDP bulletin, of the final sample of nearly 900 subjects, 93 percent reported prior exposure to trauma, and approximately 84 percent reported experiencing more than one traumatic event. More than half of respondents reported experiencing traumatic events six times or more, according to the bulletin.

Children of Deported Push Congress to Reunite Immigrant Families, Voice of America

WASHINGTON — The son of a Mexican woman who became a symbol of the U.S. immigration reform movement by taking sanctuary in a Chicago church to try to avoid deportation pushed lawmakers in Washington Wednesday to help families like his.

Saul Arellano and other young U.S. citizens whose parents have been deported, or are in detention for immigration violations, shared their stories with members of the Congressional Hispanic Caucus, just days before the Senate is set to debate a possible overhaul of the U.S. immigration system.

Report: Feds Lock Children in Adult Immigration Detention, COLORLINES

New federal data released today by an advocacy group reveals that in the last four years,  at least 1,366 kids were locked up in adult immigration detention centers for more than three days. The majority were held in the jails for more than a week and 15 for more than six months. Federal rules require that minors be released from the facilities in less than three days.

The data, obtained by the National Immigrant Justice Center, a Chicago-based non-profit, comes as Congress considers a number of reforms to the immigration detention system as part of the Senate’s immigration reform bill. The detention of minors is presumed already to be unlawful becuse of a 1997 legal settlement and the immigation agency’s own protocols.

Nearly One-Third of Children with Autism Also Have ADHD, ScienceDaily

In a study of the co-occurrence of attention deficit hyperactivity disorder (ADHD) and autism spectrum disorder (ASD) in early school-age children (four to eight years old), researchers at the Kennedy Krieger Institute found that nearly one-third of children with ASD also have clinically significant ADHD symptoms.

 

Megan Mikutis

About Megan Mikutis

Megan Mikutis is a second year student at the University of Houston Law Center. She graduated from the University of Houston – Clear Lake in 2012 with a B.A. in Literature. While obtaining her undergraduate degree, Megan tutored undergraduate, graduate, and doctoral students in writing while working for the University of Houston – Clear Lake Writing Center. This summer, Megan worked for the Center for Children, Law, and Policy and had the opportunity to compose a policy statement discussing the disproportionate representation of Limited English Proficient students in special education. Currently, Megan serves as the President of the Student Bar Association as well as a member of the Hispanic Law Student Association. Megan is most interested in education and special education issues.

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