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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

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...

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...

The death of a child is always emotionally difficult for parents, relatives, and caretakers. Often, an allegation arises that the death resulted from the negligence or misconduct of the person responsible the safety of the child.  In wrongful death lawsuits against schools and agencies determining the merit of such an...

Schools have a duty to protect students from harm, including the harm inflicted or created by its own staff. While acts by a staff member resulting in injury to a student generally fit into the category of negligence, a teacher or an administrator as a state actor can generate a...

As we approach summer, many children look forward to graduation or summer camp, or are excited about building memories and finishing the school year with exciting field trips and proms. Few schools and camps, however, consider the liability that might stem from relaxed rules, “summer fever,” and hastily organized activities....

An elementary school principal claimed that a first grader violated the school’s sexual harassment policy. The boy’s crime? He was sitting behind a female classmate on the floor and put his fingers inside the waistband of her pants and touched her skin. He was accused of sexually harassing a classmate...

Wherever there are public and private schools and organizations that provide activities for children, there are stories about school sexual harassment and abuse. In West Virginia, a fifth-grade teacher started a “sex club” with some of her students. She brought them to her home to “teach” them, by demonstration, about...

School Negligence Lawsuits and Appropriate Supervision of Children Many of the school negligence lawsuits for which Education Management Consulting, LLC, provides consultation and expert witness testimony involve the question of whether a school or agency provided appropriate supervision of children when someone under its care was injured. The question asked by...

Former Penn State Assistant Football Coach Jerry Sandusky was sentenced this week to 30 to 60 years in prison. The sentence essentially guaranteed that the 68-year-old Sandusky would die in prison.   Sandusky, the jury determined, had abused 10 boys — all of them from disadvantaged homes. Sandusky used his connections to...