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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

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...

Student injury or death often brings negative attention to a school. In fact, the first thing often reported publicly is an injured party’s claim that an incident stemmed from the negligence or misconduct of a staff member responsible for a child’s safety — a teacher, coach, or bus driver, for...

For schools, daycare centers, after-school programs, and camps, children with disabilities often present significant supervisory challenges. If a special needs child is seriously hurt or killed at school because of failure to address their needs adequately, negligent supervision may be viewed as a proximate cause. But what constitutes reasonable supervision...

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...

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...

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...

The death of a child is always emotionally difficult for parents, relatives, and caretakers. Often, an allegation arises that the death resulted from the negligence or misconduct of the person responsible the safety of the child.  In wrongful death lawsuits against schools and agencies determining the merit of such an...

A school’s duty to protect its students from harm doesn’t begin and end when the bell rings in the morning and afternoon. Transporting students safely to and from school is an important consideration in a school’s risk portfolio. This area, however, is highly nuanced, and it’s not always immediately clear...

As we approach summer, many children look forward to graduation or summer camp, or are excited about building memories and finishing the school year with exciting field trips and proms. Few schools and camps, however, consider the liability that might stem from relaxed rules, “summer fever,” and hastily organized activities....

Wherever there are public and private schools and organizations that provide activities for children, there are stories about school sexual harassment and abuse. In West Virginia, a fifth-grade teacher started a “sex club” with some of her students. She brought them to her home to “teach” them, by demonstration, about...