EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

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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Daycare Negligence, Education Expert, Governmental Immunity, Personal Injury, Private Schools, School Liability Section 1983, School Negligence Lawsuit, School Premises Liability, School Safety & Security, Wrongful Death
March 26, 2015

Keeping children safe in schools, preschool and daycare programs, summer camps, on playgrounds, and other locations is a primary responsibility of those who administer such programs. When a child becomes injured and the claim is negligent supervision, a school or other agency will have a greater chance of prevailing when...

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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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Child/Student Supervision, Personal Injury, School Liability Section 1983, Sexual Abuse, Sexual Harassment, Student Rights, Title IX
December 18, 2014

When child abuse is alleged to have taken place in a school, daycare facility, preschool program, summer camp, or other entity responsible for the supervision and safety of children, there is always the possibility that the entity may be liable if negligence can be established. Schools and other entities with...

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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 Liability Section 1983, School Negligence Lawsuit, School Sports Injury, Wrongful Death
April 17, 2014

Injuries are a part of intramural and extramural sports and recreation programs. According to the National Federation of State High School Associations, high school athletes account for 2 million injuries, 500,000 doctor visits, and 30,000 hospitalizations each year. There’s a certain level of risk assumed by a child who participates...

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Education Expert, Personal Injury, School Liability Section 1983, School Management, School Negligence Lawsuit, School Safety & Security, School Transportation Injury, School Violence, Wrongful Death
March 19, 2014

Student injury or death often brings negative attention to a school. In fact, the first thing often reported publicly is an injured party’s claim that an incident stemmed from the negligence or misconduct of a staff member responsible for a child’s safety — a teacher, coach, or bus driver, for...

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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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