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EDUCATION EXPERT BLOG: EDUCATION LAW AND SCHOOL LIABILITY ISSUES

Campus Sexual Assault, Child victims act claims, childhood sexual abuse, College Sexual Violence, Education Expert, Harassment, past sexual abuse, School liability, Sexual Abuse, Sexual Abuse in Private Schools, Sexual Harassment, statute of limitations
May 25, 2023

In the field of education administration and student supervision, the current professional standard of care related to prevention, detection, investigation, and remediation of child sexual abuse and harassment is the result of a cumulative progression of events and cultural changes over several decades. This includes standards for maintaining appropriate policies,...

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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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Bullying, Campus Sexual Assault, Disability Harassment, Discriminatory Harassment, Education Expert, Employment Discrimination, Harassment, Harassment/Bullying, Hazing, Racial Harassment, Restraint and Seclusion at Schools, School Liability Section 1983, School Management, School Police Violence, Sexual Abuse, Sexual Harassment, Special Education, Standard of Professional Care, Student Rights, Title IX, Title VII, Uncategorized
January 30, 2020

Educating students is not the only responsibility of school districts. Federal and state laws require schools to be proactive about protecting the civil rights of their students and to foster a positive learning environment free from discriminatory harassment. Several federal laws — Title VI of the Civil Rights Act of...

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Education Expert, Governmental Immunity, Injury of Special Education Students, Personal Injury, Private Schools, School Liability Section 1983, School Negligence Lawsuit, School Safety & Security, School Transportation Injury, Sexual Abuse, Sexual Abuse in Private Schools, Sexual Harassment, Special Education, Standard of Professional Care, Student Rights, Title IX, Uncategorized, Wrongful Death
June 21, 2018

Statistically, it’s safer to transport children to and from school by school bus than by car, according to the National Highway Traffic Safety Association. But accidents and other bus-related incidents that result in student injury and negligence are frequently causes for litigation and claims regarding negligent hiring of school bus...

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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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Bullying, Campus Sexual Assault, College Sexual Violence, Education Expert, Harassment, Harassment/Bullying, Personal Injury, Private Schools, School Management, School Negligence Lawsuit, School Premises Liability, School Violence, Sexual Abuse, Sexual Abuse in Private Schools, Sexual Harassment, Standard of Professional Care, Student Rights, Title IX
October 11, 2017

Title IX, the law that prohibits discrimination on the basis of gender in public education programs, is also relevant in application of professional standards within the context of private school sexual abuse and harassment and their response to alleged incidents.  Every school that accepts federal funding for any program or...

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504 accomodation, 504 plan, Bullying, Campus Sexual Assault, Child Custody/School Review, Child/Student Supervision, College Sexual Violence, Critical Health Condition, Daycare Negligence, Education Expert, Employment Discrimination, Governmental Immunity, Harassment, Harassment/Bullying, Hazing, Injury of Special Education Students, Personal Injury, Private Schools, Restraint and Seclusion at Schools, School Gun Violence, School Liability Section 1983, School Management, School Negligence Lawsuit, School Police Violence, School Premises Liability, School Safety & Security, School Sports Injury, School Transportation Injury, School Violence, Sexual Abuse, Sexual Harassment, Special Education, Standard of Professional Care, Student Rights, Teacher Employment Discrimination, Title IX, Title VII, Uncategorized, Wrongful Death
July 25, 2017

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...

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Campus Sexual Assault, Child/Student Supervision, Personal Injury, School Gun Violence, School Liability Section 1983, School Negligence Lawsuit, School Premises Liability, School Safety & Security, School Sports Injury, School Violence, Sexual Abuse, Sexual Harassment, Standard of Professional Care, Wrongful Death
April 5, 2017

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...

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Daycare Negligence, Education Expert, Injury of Special Education Students, Personal Injury, Private Schools, School Negligence Lawsuit, School Safety & Security, School Violence, Sexual Abuse, Sexual Harassment, Special Education, Standard of Professional Care, Uncategorized
November 17, 2016

Schools, after-school programs, summer camps, sunday schools, daycares and other agencies that supervise children are responsible for student safety of children in their care. Failing to apply the same attention to ensuring that non-licensed individuals, such as volunteers, meet the same standards as teachers and other paid staff can place...

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Campus Sexual Assault, College Sexual Violence, Education Expert, Harassment, Personal Injury, School Violence, Sexual Abuse, Sexual Harassment, Standard of Professional Care, Student Rights, Title IX
June 22, 2016

Title IX of the Education Amendments of 1972 is a federal civil rights law that prohibits discrimination on the basis of sex in any education program, including in colleges and universities, if those programs or activities associated with the institution receive federal funding. Under Title IX, sex discrimination includes sexual...

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