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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

In our experience providing education expert witness services in school liability cases across the United States and Canada, we have observed that several misunderstandings do arise in school districts. This often involves administrators, staff, parents, and students. Commonly affected areas are Title IX, special education, student supervision, harassment, intimidation, and bullying...

Key Takeaways The Office of Civil Rights (OCR) and courts evaluate Title IX compliance in women’s college athletics by examining three key areas: participation opportunities, scholarship distribution, and overall treatment of athletes. Participation opportunities are often the most closely scrutinized and require colleges to meet one of three prongs to...

Key Takeaways Frye Standards are more restrictive and require that testimony, ideas, and methods be generally accepted in the relevant professional community. Education experts satisfy Frye by relying on long-standing practices in the field. Daubert standards are more permissive, but expert testimony is subject to more rigorous scrutiny to ensure...

Key Takeaways Experts analyze, classify incidents, and opine on what exactly happened They help establish whether prevention and response protocols met or violated the standards governing how institutions should address incidents They can substantiate the harms caused by incidents and whether the institutions’ actions or inactions were the probable cause...

Key Takeaways Parenting plans and school choice need to align so that each parent can reasonably participate in the child’s education. Carefully considered school logistics in custody cases make the child’s school attendance manageable and ease parenting schedules. A child’s stability impacts their academic, emotional, and social well-being, making it...