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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 the civil rights of their students and to foster a positive learning environment free from discriminatory harassment and abuse. Several federal laws — Title VI of the Civil Rights...

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...

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 well as the need for a child custody expert witness. As with parents, entities and...

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...

Employment decisions in public and private schools should be based on qualifications, performance, merit, and seniority rather than race, national origin, gender, religion, age, or disability. One frequently asked question under these circumstances is, “Can I sue my employer for discrimination?” Simply put, teachers and other school personnel can pursue...

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...