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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

Discriminatory Harassment, Harassment, Personal Injury, Racial Harassment, Restraint and Seclusion at Schools, School Gun Violence, School Police Violence, School Safety & Security, Special Education, Student Rights, Uncategorized, Wrongful Death
April 20, 2021

Removing police from schools has been part of the Black Lives Matter movement for years. Research shows that schools with a police presence are more likely to refer children to law enforcement, even for non-serious behaviors. According to the Education Week Research Center, black students in most states are more...

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Bullying, Campus Sexual Assault, Disability Harassment, Discriminatory Harassment, Education Expert, Employment Discrimination, Harassment, Harassment/Bullying, Hazing, Racial Harassment, Restraint and Seclusion at Schools, School Liability Section 1983, School Management, School Police Violence, Sexual Abuse, Sexual Harassment, Special Education, Standard of Professional Care, Student Rights, Title IX, Title VII, Uncategorized
January 30, 2020

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. Several federal laws — Title VI of the Civil Rights Act of...

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Campus Sexual Assault, Child/Student Supervision, Education Expert, Governmental Immunity, Harassment, Harassment/Bullying, Injury of Special Education Students, Personal Injury, School Gun Violence, School Negligence Lawsuit, School Police Violence, School Safety & Security, School Violence, Standard of Professional Care, Student Rights, Uncategorized, Wrongful Death
September 12, 2018

Parents send their children to school expecting that their kids will be safe.  The parents trust that the school’s staff will act in their place and look out for their children’s welfare in the same way they would.  The presence of security guards, school police, or resource officers at the...

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Bullying, Campus Sexual Assault, Child/Student Supervision, Education Expert, Governmental Immunity, Harassment, Harassment/Bullying, Hazing, Personal Injury, Private Schools, School Gun Violence, School Negligence Lawsuit, School Police Violence, School Safety & Security, School Violence, Standard of Professional Care, Student Rights, Uncategorized, Wrongful Death
May 1, 2018

A school has a responsibility to protect students from harm.  Will arming teachers or placing armed security guards and police in the building make our schools safer and prevent school shootings? There is a great deal of debate as to whether more or different forms of attention to school safety...

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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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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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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, 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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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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Injury of Special Education Students, Personal Injury, Restraint and Seclusion at Schools, School Liability Section 1983, School Negligence Lawsuit, School Police Violence, School Premises Liability, School Safety & Security, School Sports Injury, School Violence, Student Rights, Uncategorized, Wrongful Death
July 23, 2015

The first responsibility of educators and those who supervise children in residential programs, day care centers, before- and after-school programs, and other settings is to make sure that these programs foster learning and care in a safe environment. Asking third graders to move a cart with a heavy TV on...

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