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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

Bullying, Campus Sexual Assault, College Sexual Violence, Education Expert, Harassment, Harassment/Bullying, Personal Injury, Private Schools, School Management, School Negligence Lawsuit, School Premises Liability, School Violence, Sexual Abuse, Sexual Abuse in Private Schools, Sexual Harassment, Standard of Professional Care, Student Rights, Title IX
October 11, 2017

Title IX, the law that prohibits discrimination on the basis of gender in public education programs, is also relevant in application of professional standards within the context of private school sexual abuse and harassment and their response to alleged incidents.  Every school that accepts federal funding for any program or...

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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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Campus Sexual Assault, Child/Student Supervision, Personal Injury, School Gun Violence, School Liability Section 1983, School Negligence Lawsuit, School Premises Liability, School Safety & Security, School Sports Injury, School Violence, Sexual Abuse, Sexual Harassment, Standard of Professional Care, Wrongful Death
April 5, 2017

Whenever children are involved in events on school premises, there is always the possibility of school district liability for incidents that happen on school grounds or at school-sponsored events. This foreseeability gives rise to a duty to take reasonable steps to prevent a child from being harmed. Public school districts...

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Bullying, Child/Student Supervision, Harassment, Harassment/Bullying, Personal Injury, School Negligence Lawsuit, Standard of Professional Care, Title IX
January 10, 2017

Schools, including K-12 schools, colleges, and universities, have a responsibility to protect their students from harm. Harm includes the inability to benefit fully from education as a result of being in a hostile school environment. The politically motivated rhetoric and actions seen in schools during and after the presidential campaign...

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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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Campus Sexual Assault, College Sexual Violence, Education Expert, Harassment, Personal Injury, School Violence, Sexual Abuse, Sexual Harassment, Standard of Professional Care, Student Rights, Title IX
June 22, 2016

Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in any education program, including in colleges and universities, if those programs or activities associated with the institution receive federal funding. Under Title IX, sex discrimination includes sexual...

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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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Education Expert, Governmental Immunity, Harassment, Harassment/Bullying, Hazing, Personal Injury, Private Schools, School Negligence Lawsuit, School Premises Liability, School Safety & Security, School Sports Injury, Sexual Harassment, Standard of Professional Care, Student Rights, Title IX, Wrongful Death
March 17, 2016

Nationwide, 7.6 million students participate in interscholastic athletics, according to U.S. News and World Report. Keeping them safe is critically important to avoid school liability and sports injury lawsuits. And when sports injury occurs, schools may be found responsible if they failed to take reasonable precautions and supervision of students...

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Bullying, Campus Sexual Assault, College Sexual Violence, Education Expert, Personal Injury, Private Schools, School Gun Violence, School Liability Section 1983, School Management, School Negligence Lawsuit, School Police Violence, School Premises Liability, School Safety & Security, School Violence, Wrongful Death
January 19, 2016

In the wake of recent incidences of gun violence, school safety and security has become an increasingly pressing concern in the United States and Canada. Schools, summer camps, daycare centers, and other agencies charged with the safety of children have a duty to protect them, and their ability to do...

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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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