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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

Key Takeaways: Schools and child-and youth-oriented agencies must uphold a higher standard of care tailored to a child’s unique needs when supervising children with behavioural and physical disabilities. They should ensure safety through adequate supervision of children with disabilities, specialized programs and services for qualifying students, and addressing issues that...

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...

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...

Many attorneys acknowledge the importance of expert witness testimonies in shaping litigation outcomes. Still, the quality of the chosen expert and testimony methodologies will significantly influence admissibility processes during deposition and trial. Since state courts usually have their preferred standard for testimony scrutiny, exercise their legal discretions, and apply their interpretations,...

When handling lawsuits brought against schools and other child- and youth-oriented organizations on grounds of negligence, discrimination, bullying, abuse, student injury, disability matters, and other student or employee rights violations, plaintiff and defendant attorneys should prioritize enlisting expert witnesses whose qualifications and testimony can withstand the scrutiny of the opposing...

Schools have a duty to protect students, faculty, and staff from harm arising from acts of violence, such as school shootings, when the harm is reasonably foreseeable. However, schools are not built like fortresses, nor should they be. It is not the latest security technology, metal detectors, or an indoor...