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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

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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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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Child/Student Supervision, Personal Injury, School Liability Section 1983, Sexual Abuse, Sexual Harassment, Student Rights, Title IX
December 18, 2014

When child abuse is alleged to have taken place in a school, daycare facility, preschool program, summer camp, or other entity responsible for the supervision and safety of children, there is always the possibility that the entity may be liable if negligence can be established. Schools and other entities with...

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Bullying, Campus Sexual Assault, Child/Student Supervision, College Sexual Violence, Daycare Negligence, Education Expert, Governmental Immunity, Harassment, Harassment/Bullying, Personal Injury, Private Schools, School Liability Section 1983, School Management, School Negligence Lawsuit, School Safety & Security, School Sports Injury, School Transportation Injury, School Violence, Sexual Abuse, Sexual Harassment, Special Education, Student Rights, Title IX, Wrongful Death
October 23, 2014

When a student personal injury in a public school triggers litigation, plaintiff and defendant attorneys must address the concept of governmental immunity. In general, governmental immunity shields public schools from tort litigation and liability. Governmental immunity is not universally applicable, however, depending on how the facts of a specific case...

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Campus Sexual Assault, College Sexual Violence, Harassment, Personal Injury, School Negligence Lawsuit, School Violence, Sexual Abuse, Sexual Harassment, Student Rights, Title IX, Uncategorized
August 14, 2014

In 2011, the U.S. Department of Education Office for Civil Rights (OCR) issued a “Dear Colleague” letter to college and university administrators about implementation of Title IX of the Education Amendments of 1972 in regards to campus sexual assault cases. Title IX prohibits discrimination on the basis of sex in...

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Bullying, Education Expert, Harassment, Harassment/Bullying, Sexual Abuse, Sexual Harassment, Student Rights
July 10, 2014

Harassment in schools can occur when a student is discriminated against based on national origin, race, religion, disability, sexual orientation, gender, or other identifiable class, creating a hostile learning environment for the student. It can also arise when a student experiences sexual demands or advances from a school staff member...

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Child/Student Supervision, Education Expert, Harassment/Bullying, Personal Injury, Private Schools, School Negligence Lawsuit, School Safety & Security, School Violence, Sexual Abuse, Sexual Harassment, Special Education, Student Rights
June 11, 2014

The relationship between private schools and their students is very different than the one that exists when a student is in a public school. In private schools, the relationship is contractual in nature. The contract is expressed or implied in written documents, such as promotional literature, student applications, and student...

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Child/Student Supervision, Education Expert, Personal Injury, School Liability Section 1983, School Negligence Lawsuit, School Sports Injury, Wrongful Death
April 17, 2014

Injuries are a part of intramural and extramural sports and recreation programs. According to the National Federation of State High School Associations, high school athletes account for 2 million injuries, 500,000 doctor visits, and 30,000 hospitalizations each year. There’s a certain level of risk assumed by a child who participates...

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Child/Student Supervision, Education Expert, Personal Injury, School Liability Section 1983, School Management, School Negligence Lawsuit, School Safety & Security, School Transportation Injury, School Violence, Sexual Abuse, Sexual Harassment, Title IX, Uncategorized, Wrongful Death
December 18, 2013

Unquestionably, schools have a responsibility to protect children from harm. The same goes for agencies such as day care centers, summer camps, and after-school programs. Schools and agencies, however, are not the ultimate protectors; that role falls to employees, who must act on behalf of the school in a way...

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Child/Student Supervision, Education Expert, Personal Injury, School Liability Section 1983, School Management, School Negligence Lawsuit, School Safety & Security, School Violence, Student Rights, Wrongful Death
November 21, 2013

The uncertainties surrounding the Massachusetts teacher murder of Colleen Ritzer last month and the death of student Kendrick Johnson in Georgia earlier this year illustrate how the unexpected can occur and school safety and security is a serious concern schools administrators are faced with on a daily basis. Schools have...

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Child/Student Supervision, Education Expert, Personal Injury, School Liability Section 1983, School Management, School Negligence Lawsuit, School Safety & Security, School Transportation Injury, Sexual Abuse, Sexual Harassment, Student Rights, Title IX, Uncategorized, Wrongful Death
October 24, 2013

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...

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