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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

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. One frequently asked question under these circumstances is, “Can I sue my employer for discrimination?” Simply put, teachers and other school personnel can pursue...

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...

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...

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...

Harassment in schools manifests when a student is targeted and discriminated against due to their national origin, race, religion, disability, sexual orientation, gender, or other identifiable characteristics, leading to an unsafe and hostile learning environment. Such discrimination can include physical acts, verbal insults, social exclusion, or other behaviors that degrade...

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...