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Education Expert Blog on School Liability

Articles & News about School Liability

All colleges and universities owe some level of care and have a duty to keep students reasonably safe while attending school and residing on campus. Colleges and universities have to plan and take proactive initiatives to minimize the incidence of violent crimes and student injury and harm resulting from college...

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...

Public K-12 school districts, colleges, universities, and other educational institutions receiving public funds must operate their education programs and activities in a nondiscriminatory manner, free from discrimination based on sex, sexual orientation, and gender identity (Office for Civil Rights [OCR], 2021b). Since the new Title IX rule, known as the...

Children with disabilities in residential and therapeutic facilities are among those who are most vulnerable to abuse and other forms of harm. Protecting the safety of children and the facilities where they reside from costly litigation is achievable through proper policies, training, supervision of staff and students, and continued proactive...

Sexual behaviors in young children can range from exploratory and normal to abusive and violent. Under federal law, Title IX of the Education Amendments of 1972, schools have an obligation to protect children from inappropriate sexual behavior, including child-on-child sexual abuse. This obligation can be complicated when the allegation involves...

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...

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...

Standard of care is a general expression of what constitutes care in professions such as medicine, nursing, education, or child care administration. In schools and other agencies responsible for the care and supervision of children, the professional standard of care is the ethical or legal responsibility of a professional to...

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...

Schools, including K-12 schools, colleges, and universities, have a responsibility to protect their students from harm. Harm includes the inability to benefit fully from education as a result of being in a hostile school environment. The politically motivated rhetoric and actions seen in schools during and after the presidential campaign...