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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

Education Expert, Governmental Immunity, Harassment, Harassment/Bullying, Hazing, Personal Injury, Private Schools, School Negligence Lawsuit, School Premises Liability, School Safety & Security, School Sports Injury, Sexual Harassment, Standard of Professional Care, Student Rights, Title IX, Wrongful Death
March 17, 2016

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...

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Campus Sexual Assault, Harassment, Sexual Abuse, Sexual Harassment, Student Rights, Title IX, Uncategorized
February 17, 2016

As difficult as it might be to accept and understand, abuse of children is occurring at an alarming rate in our nation’s schools, daycare centers, camps, and other institutions. Even with state laws that require child abuse reporting and institutional policies that address sexual abuse prevention, identification, and reporting, abuse...

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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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Bullying, Child/Student Supervision, Daycare Negligence, Education Expert, Harassment/Bullying, Hazing, Injury of Special Education Students, Personal Injury, School Liability Section 1983, School Negligence Lawsuit, School Premises Liability, School Safety & Security, School Sports Injury, School Transportation Injury, Sexual Abuse, Sexual Harassment, Special Education, Standard of Professional Care, Student Rights, Title IX, Wrongful Death
November 24, 2015

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,...

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504 accomodation, 504 plan, Child/Student Supervision, Critical Health Condition, Daycare Negligence, Education Expert, Governmental Immunity, Injury of Special Education Students, Personal Injury, Private Schools, School Negligence Lawsuit, School Premises Liability, School Safety & Security, School Sports Injury, School Transportation Injury, Special Education, Student Rights, Wrongful Death
October 20, 2015

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...

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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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Child/Student Supervision, Daycare Negligence, Personal Injury, Sexual Abuse, Sexual Harassment, Wrongful Death
June 25, 2015

In settings where children are supervised by adults, we often think about traditional settings, such as schools and summer camps. But these are not the only places where children participate in activities that require adult supervision and which can result in child injury cases. Some nontraditional settings include resort and...

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Personal Injury, Private Schools, School Liability Section 1983, School Negligence Lawsuit, School Sports Injury, School Transportation Injury, Special Education, Student Rights, Uncategorized, Wrongful Death
April 23, 2015

For schools, summer camps, and day care centers, one of the key functions of student supervision is to identify dangerous conditions and then either stop the activity or warn of the danger. The supervisor must take appropriate action for the protection of the children. Duty to warn contemplates both having...

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Daycare Negligence, Education Expert, Governmental Immunity, Personal Injury, Private Schools, School Liability Section 1983, School Negligence Lawsuit, School Premises Liability, School Safety & Security, Wrongful Death
March 26, 2015

Keeping children safe in schools, preschool and daycare programs, summer camps, on playgrounds, and other locations is a primary responsibility of those who administer such programs. When a child becomes injured and the claim is negligent supervision, a school or other agency will have a greater chance of prevailing when...

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Education Expert, Employment Discrimination, Harassment, Private Schools, School Management, Sexual Harassment, Teacher Employment Discrimination, Title VII, Uncategorized
January 22, 2015

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. Teachers and other school personnel can sue for employment discrimination if they are wrongfully dismissed or demoted, if they were prevented from initially obtaining...

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