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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

Educating students is not the only responsibility of school districts. Federal and state laws require schools to be proactive about protecting student civil rights and to foster a positive learning environment free from discriminatory harassment and abuse. Several federal laws, including Title VI of the Civil Rights Act of 1964, Section...

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 in schools that results in sexual abuse, death, and sports injury all present opportunities for costly negligence claims that may entail large settlements or grave...

Key Takeaways Frye Standards are more restrictive and require that testimony, ideas, and methods be generally accepted in the relevant professional community. Education experts satisfy Frye by relying on long-standing practices in the field. Daubert standards are more permissive, but expert testimony is subject to more rigorous scrutiny to ensure...

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...