Key Takeaways: Child safety standards in special education comprise legal and ethical considerations, including civil rights protections, precedent case decisions, state regulations, and professional standards of care. There isn’t one standard for determining whether a school has provided a reasonable individualized educational and safety plan to a student. This requires...
Students with disabilities are at a higher risk of experiencing discrimination in public, private, and religious schools and higher education institutions. Disability discrimination makes it hard or impossible for a student to fully participate in educational opportunities, extracurriculars, and other school programs and activities. Beyond this, discrimination can create a...
The role of an expert witness in helping streamline and ensure the integrity of legal proceedings cannot be overstated. Still, plaintiff and defendant attorneys often face the challenge of finding, from case to case, a substantially credible expert who can withstand rigorous cross-examination and present an impactful testimony in court. Before...
Expert witnesses are often pivotal in helping plaintiff and defendant attorneys present compelling evidence or effectively rebut the opposition’s claims during liability cases brought against schools and other child—and youth-oriented agencies. Courts rely on experts to decode complex child education, supervision, and safety information. Therefore, expert witness qualifications and testimony...
Expert witness testimony admissibility disputes in court are an inherent possibility. Rule 702 is the base standard for testimony scrutiny, so plaintiff and defendant attorneys should clearly understand its criteria and nuances to suitably apply it to build their case, counter the opposition, or challenge incorrect applications of the rule. Let...
Many attorneys acknowledge the importance of expert witness testimonies in shaping litigation outcomes. Still, the quality of the chosen expert and testimony methodologies will significantly influence admissibility processes during deposition and trial. Since state courts usually have their preferred standard for testimony scrutiny, exercise their legal discretions, and apply their interpretations,...