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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

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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Child/Student Supervision, Daycare Negligence, Personal Injury, Private Schools, School Negligence Lawsuit, School Safety & Security, School Transportation Injury, Sexual Abuse, Wrongful Death
September 16, 2014

Millions of children participate in programs operated by daycare centers, nursery schools, and camps across the United States and Canada. The most important aspect of childcare is the safety and supervision of children. When a teacher, recreation leader, camp counselor, or other supervisor is engaged in activities involving young children,...

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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 based on national origin, race, religion, disability, sexual orientation, gender, or other identifiable class, creating a hostile learning environment for the student. It can also arise when a student experiences sexual demands or advances from a school staff member...

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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 a special needs child is seriously hurt or killed at school because of failure to address their needs adequately, negligent supervision may be viewed as a proximate cause. But what constitutes reasonable supervision...

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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 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

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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