EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

Injury of Special Education Students, Personal Injury, Restraint and Seclusion at Schools, School Liability Section 1983, School Negligence Lawsuit, School Police Violence, School Premises Liability, School Safety & Security, School Sports Injury, School Violence, Student Rights, Uncategorized, Wrongful Death
July 23, 2015

The first responsibility of educators and those who supervise children in residential programs, day care centers, before- and after-school programs, and other settings is to make sure that these programs foster learning and care in a safe environment. Asking third graders to move a cart with a heavy TV on...

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Personal Injury, Private Schools, School Liability Section 1983, School Negligence Lawsuit, School Sports Injury, School Transportation Injury, Special Education, Student Rights, Uncategorized, Wrongful Death
April 23, 2015

For schools, summer camps, and day care centers, one of the key functions of student supervision is to identify dangerous conditions and then either stop the activity or warn of the danger. The supervisor must take appropriate action for the protection of the children. Duty to warn contemplates both having...

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Education Expert, Employment Discrimination, Harassment, Private Schools, School Management, Sexual Harassment, Teacher Employment Discrimination, Title VII, Uncategorized
January 22, 2015

Employment decisions in public and private schools should be based on qualifications, performance, merit, and seniority, rather than race, national origin, gender, religion, age, or disability. Teachers and other school personnel can sue for employment discrimination if they are wrongfully dismissed or demoted, if they were prevented from initially obtaining...

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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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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 Transportation Injury, School Violence, Sexual Abuse, Sexual Harassment, Title IX, Uncategorized, Wrongful Death
December 18, 2013

Unquestionably, schools have a responsibility to protect children from harm. The same goes for agencies such as day care centers, summer camps, and after-school programs. Schools and agencies, however, are not the ultimate protectors; that role falls to employees, who must act on behalf of the school in a way...

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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

School negligence cases involving teachers, coaches, camp counselors, bus drivers, and other personnel resulting in injury to a child are ever-present in the news. Negligence that results in sexual abuse, death, injury, and sports accidents all present opportunities for costly negligence claims that may entail large settlements or grave jury...

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Education Expert, Personal Injury, School Liability Section 1983, School Negligence Lawsuit, School Safety & Security, School Transportation Injury, Uncategorized, Wrongful Death
August 14, 2013

A school’s duty to protect its students from harm doesn’t begin and end when the bell rings in the morning and afternoon. Transporting students safely to and from school is an important consideration in a school’s risk portfolio. This area, however, is highly nuanced, and it’s not always immediately clear...

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