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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

School liability, School Management, School Negligence Lawsuit, School Premises Liability, Student safety
December 10, 2024

Many attorneys acknowledge the importance of expert witness testimonies in shaping litigation outcomes. Still, the quality of the chosen expert and testimony methodologies will significantly influence admissibility processes during deposition and trial. Since state courts usually have their preferred standard for testimony scrutiny, exercise their legal discretions, and apply their interpretations,...

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Campus Sexual Assault, College campus safety, College Sexual Violence, Education Expert, Harassment/Bullying, Personal Injury, School Gun Violence, School liability, School Safety & Security, School Violence, Sexual Abuse, Standard of Professional Care, Student safety
July 18, 2023

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...

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Education Expert, Gun Control, Personal Injury, School Gun Violence, School liability, School Management, School Negligence Lawsuit, School Safety & Security, School Shooting, School shooting prevention, School Shootings, School Violence, Standard of Professional Care, Student safety, Wrongful Death
March 10, 2023

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...

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School Safety & Security, Sexual Abuse, Sexual Harassment, Standard of Professional Care, Student Rights, Title IX, Uncategorized
July 19, 2022

Part 1 of this series provided a general overview of the Title IX Amendments of 2020 (the new Title IX rule or the Final Rule), how they differ from previous amendments, a definition of sexual harassment, the role of the Title IX coordinator, and who should report allegations of sexual...

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Campus Sexual Assault, College Sexual Violence, Discriminatory Harassment, Education Expert, Harassment, Harassment/Bullying, Hazing, Personal Injury, School Negligence Lawsuit, School Safety & Security, Sexual Abuse, Sexual Harassment, Standard of Professional Care, Student Rights, Title IX
April 6, 2022

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...

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Uncategorized
October 29, 2019

Physical and school sexual abuse of students in educational institutions has been a recognized and foreseeable risk and something that all schools, including boarding and prep schools, need to proactively guard against. Boarding schools are responsible for the supervision of students in dorms and outside of the classroom to prevent...

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Bullying, Child/Student Supervision, Education Expert, Harassment, Harassment/Bullying, Hazing, Personal Injury, School Negligence Lawsuit, Student Rights, Uncategorized
October 31, 2018

Schools, including public, private, and charter K-12 schools, and colleges and universities, have a responsibility to protect students from physical and emotional harm. Harm that creates a climate of fear can interfere with a student’s education, leading to a range of outcomes from failing courses to, in the worst case,...

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Campus Sexual Assault, Child/Student Supervision, Education Expert, Governmental Immunity, Harassment, Harassment/Bullying, Injury of Special Education Students, Personal Injury, School Gun Violence, School Negligence Lawsuit, School Police Violence, School Safety & Security, School Violence, Standard of Professional Care, Student Rights, Uncategorized, Wrongful Death
September 12, 2018

Parents send their children to school expecting that their kids will be safe.  The parents trust that the school’s staff will act in their place and look out for their children’s welfare in the same way they would.  The presence of security guards, school police, or resource officers at the...

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Bullying, Child/Student Supervision, Critical Health Condition, Daycare Negligence, Education Expert, Governmental Immunity, Hazing, Injury of Special Education Students, Personal Injury, Private Schools, Restraint and Seclusion at Schools, School Gun Violence, School Liability Section 1983, School Negligence Lawsuit, School Police Violence, School Premises Liability, School Safety & Security, School Sports Injury, School Transportation Injury, School Violence, Special Education, Standard of Professional Care, Uncategorized, Wrongful Death
January 24, 2018

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...

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Child/Student Supervision, Daycare Negligence, Education Expert, Harassment, Personal Injury, Private Schools, School Liability Section 1983, School Negligence Lawsuit, Sexual Abuse, Sexual Abuse in Private Schools, Sexual Harassment, Special Education, Standard of Professional Care, Student Rights, Title IX, Uncategorized
December 12, 2017

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...

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