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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

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...

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 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...

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 with parents, entities and agencies charged with the care and supervision of children are responsible...

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...

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...

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...

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,...

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...