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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

Bullying, Child/Student Supervision, Critical Health Condition, Daycare Negligence, Education Expert, Governmental Immunity, Hazing, Injury of Special Education Students, Personal Injury, Private Schools, Restraint and Seclusion at Schools, School Gun Violence, School Liability Section 1983, School Negligence Lawsuit, School Police Violence, School Premises Liability, School Safety & Security, School Sports Injury, School Transportation Injury, School Violence, Special Education, Standard of Professional Care, Uncategorized, Wrongful Death
January 24, 2018

When risk is managed, injury, student death, and resulting litigation are less likely to occur. All too frequently, it is only after a tragedy that officials look back and ask, “How could this have been avoided?” Risk management is a far-reaching topic, but when focused on the professional standard of...

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Child/Student Supervision, Daycare Negligence, Education Expert, Harassment, Personal Injury, Private Schools, School Liability Section 1983, School Negligence Lawsuit, Sexual Abuse, Sexual Abuse in Private Schools, Sexual Harassment, Special Education, Standard of Professional Care, Student Rights, Title IX, Uncategorized
December 12, 2017

Standard of care is a general expression of what constitutes care in professions such as medicine, nursing, education, or child care administration. In schools and other agencies responsible for the care and supervision of children, the professional standard of care is the ethical or legal responsibility of a professional to...

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504 accomodation, 504 plan, Bullying, Campus Sexual Assault, Child Custody/School Review, Child/Student Supervision, College Sexual Violence, Critical Health Condition, Daycare Negligence, Education Expert, Employment Discrimination, Governmental Immunity, Harassment, Harassment/Bullying, Hazing, Injury of Special Education Students, Personal Injury, Private Schools, Restraint and Seclusion at Schools, School Gun Violence, School Liability Section 1983, School Management, School Negligence Lawsuit, School Police Violence, School Premises Liability, School Safety & Security, School Sports Injury, School Transportation Injury, School Violence, Sexual Abuse, Sexual Harassment, Special Education, Standard of Professional Care, Student Rights, Teacher Employment Discrimination, Title IX, Title VII, Uncategorized, Wrongful Death
July 25, 2017

Parents are responsible for the protection and care of their children, and there may be legal consequences if a parent negligently fails to take reasonable steps to protect his or her child from harm. As with parents, entities and agencies charged with the care and supervision of children are responsible...

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Daycare Negligence, Education Expert, Injury of Special Education Students, Personal Injury, Private Schools, School Negligence Lawsuit, School Safety & Security, School Violence, Sexual Abuse, Sexual Harassment, Special Education, Standard of Professional Care, Uncategorized
November 17, 2016

Schools, after-school programs, summer camps, sunday schools, daycares and other agencies that supervise children are responsible for student safety of children in their care. Failing to apply the same attention to ensuring that non-licensed individuals, such as volunteers, meet the same standards as teachers and other paid staff can place...

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Child/Student Supervision, Daycare Negligence, Education Expert, Injury of Special Education Students, Personal Injury, Private Schools, Restraint and Seclusion at Schools, School Liability Section 1983, School Negligence Lawsuit, School Police Violence, Sexual Abuse, Special Education, Standard of Professional Care, Student Rights, Uncategorized, Wrongful Death
May 12, 2016

Some of our most vulnerable children are relegated to a life away from parents, family, and their school to live where other adults take the place of their parents and are responsible for their custody or care - legally defined as in loco parentis. This occurs when children are placed...

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Bullying, Child/Student Supervision, Daycare Negligence, Education Expert, Harassment/Bullying, Hazing, Injury of Special Education Students, Personal Injury, School Liability Section 1983, School Negligence Lawsuit, School Premises Liability, School Safety & Security, School Sports Injury, School Transportation Injury, Sexual Abuse, Sexual Harassment, Special Education, Standard of Professional Care, Student Rights, Title IX, Wrongful Death
November 24, 2015

Risk of personal injury to children is reduced when activities, facilities, equipment, personnel, and supervision are brought into compliance with “standards.” There are several sources of standards. Some standards are mandated by law through statutes. Additional standards are set forth by oversight authorities, such as the American Academy of Pediatrics,...

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504 accomodation, 504 plan, Child/Student Supervision, Critical Health Condition, Daycare Negligence, Education Expert, Governmental Immunity, Injury of Special Education Students, Personal Injury, Private Schools, School Negligence Lawsuit, School Premises Liability, School Safety & Security, School Sports Injury, School Transportation Injury, Special Education, Student Rights, Wrongful Death
October 20, 2015

Many school-aged children have medical conditions about which teachers, nurses, and others who are responsible for their health, safety, and well-being should know. If not addressed in the right way by administrators, teachers, or other officials, these conditions can result in a catastrophic incident, student injury and not to mention...

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Child/Student Supervision, Daycare Negligence, Education Expert, Governmental Immunity, Harassment, Harassment/Bullying, Hazing, Injury of Special Education Students, Personal Injury, Private Schools, Restraint and Seclusion at Schools, School Liability Section 1983, School Negligence Lawsuit, School Police Violence, School Premises Liability, School Safety & Security, School Transportation Injury, School Violence, Sexual Abuse, Sexual Harassment, Special Education, Student Rights, Wrongful Death
September 16, 2015

In my profession as an education administration and student supervision expert, I have observed that residential schools and boarding schools present a higher duty than day schools to supervise children and a greater opportunity for the school to be found liable for child abuse and injury. When children are living...

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Child/Student Supervision, Daycare Negligence, Personal Injury, Sexual Abuse, Sexual Harassment, Wrongful Death
June 25, 2015

In settings where children are supervised by adults, we often think about traditional settings, such as schools and summer camps. But these are not the only places where children participate in activities that require adult supervision and which can result in child injury cases. Some nontraditional settings include resort and...

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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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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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