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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

Bullying, Child/Student Supervision, Education Expert, Harassment, Harassment/Bullying, Hazing, Personal Injury, School Liability Section 1983, School Sports Injury, Sexual Abuse, Sexual Harassment, Student Rights, Title IX
November 18, 2014

School coaches have a duty to protect athletes from harm, including emotional or physical harm that may result from locker room hazing. High school hazing in athletics has many beginnings — the most prominent being an attitude of superiority among senior athletes and the belief that a weaker or younger...

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Bullying, Campus Sexual Assault, Child/Student Supervision, College Sexual Violence, Daycare Negligence, Education Expert, Governmental Immunity, Harassment, Harassment/Bullying, Personal Injury, Private Schools, School Liability Section 1983, School Management, School Negligence Lawsuit, School Safety & Security, School Sports Injury, School Transportation Injury, School Violence, Sexual Abuse, Sexual Harassment, Special Education, Student Rights, Title IX, Wrongful Death
October 23, 2014

When a student personal injury in a public school triggers litigation, plaintiff and defendant attorneys must address the concept of governmental immunity. In general, governmental immunity shields public schools from tort litigation and liability. Governmental immunity is not universally applicable, however, depending on how the facts of a specific case...

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Campus Sexual Assault, College Sexual Violence, Harassment, Personal Injury, School Negligence Lawsuit, School Violence, Sexual Abuse, Sexual Harassment, Student Rights, Title IX, Uncategorized
August 14, 2014

In 2011, the U.S. Department of Education Office for Civil Rights (OCR) issued a “Dear Colleague” letter to college and university administrators about implementation of Title IX of the Education Amendments of 1972 in regards to campus sexual assault cases. Title IX prohibits discrimination on the basis of sex in...

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Bullying, Education Expert, Harassment, Harassment/Bullying, Sexual Abuse, Sexual Harassment, Student Rights
July 10, 2014

Harassment in schools can occur when a student is discriminated against on the basis of national origin, race, religion, disability, sexual orientation, gender, or other identifiable class. A school district may be found liable for harassment if there is no strong, widely disseminated, and consistently enforced policy prohibiting it and...

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Child/Student Supervision, Education Expert, Harassment/Bullying, Personal Injury, Private Schools, School Negligence Lawsuit, School Safety & Security, School Violence, Sexual Abuse, Sexual Harassment, Special Education, Student Rights
June 11, 2014

The relationship between private schools and their students is very different than the one that exists when a student is in a public school. In private schools, the relationship is contractual in nature. The contract is expressed or implied in written documents, such as promotional literature, student applications, and student...

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Child/Student Supervision, Education Expert, Personal Injury, School Negligence Lawsuit, School Transportation Injury, Special Education, Student Rights, Uncategorized, Wrongful Death
January 16, 2014

For schools, daycare centers, after-school programs, and camps, children with disabilities often present significant supervisory challenges. If these children’s needs are not adequately addressed and a child is seriously injured or killed, negligent supervision may be viewed as a proximate cause. But what constitutes reasonable supervision of children with behavioral...

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Child/Student Supervision, Education Expert, Personal Injury, School Liability Section 1983, School Management, School Negligence Lawsuit, School Safety & Security, School Violence, Student Rights, Wrongful Death
November 21, 2013

The uncertainties surrounding the Massachusetts teacher murder of Colleen Ritzer last month and the death of student Kendrick Johnson in Georgia earlier this year illustrate how the unexpected can occur and school safety and security is a serious concern schools administrators are faced with on a daily basis. Schools have...

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Child/Student Supervision, Education Expert, Personal Injury, School Liability Section 1983, School Management, School Negligence Lawsuit, School Safety & Security, School Transportation Injury, Sexual Abuse, Sexual Harassment, Student Rights, Title IX, Uncategorized, Wrongful Death
October 24, 2013

Negligence of teachers, coaches, camp counselors, bus drivers and others resulting in injury to a child is ever present the news. Negligence that results in sexual abuse, death, injury from faulty equipment, and sports accidents all present opportunities for large settlements or jury verdicts. Plaintiff and defendant attorneys can follow a...

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Bullying, Education Expert, Harassment, Harassment/Bullying, Personal Injury, School Management, Student Rights
October 24, 2013

Bullying Legal Standards Over the last several years, U.S. states have enacted laws that require public schools to develop policies and procedures to stop bullying.  New Jersey may have the toughest anti-bullying law in the nation, requiring schools to include in their policies that a teacher can be disciplined for not...

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Child/Student Supervision, Education Expert, Harassment, Harassment/Bullying, Personal Injury, School Liability Section 1983, School Management, School Negligence Lawsuit, School Safety & Security, School Transportation Injury, Sexual Abuse, Sexual Harassment, Special Education, Student Rights, Title IX, Wrongful Death
July 10, 2013

Schools have a duty to protect students from harm, including the harm inflicted or created by its own staff. While acts by a staff member resulting in injury to a student generally fit into the category of negligence, a teacher or an administrator as a state actor can generate a...

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