The doctrine of sovereign immunity in Florida has evolved over time as the common law and statutory environment within the state has changed. Public schools and public-school employees enjoy some level of immunity protection under both common law and statutory law. Nonetheless, Florida law creates a duty to provide a safe environment for students…

There is probably no more difficult aspect of school-based mental health practice than navigating assessment, prevention, and postvention related to youth suicide. Although many schools follow best practices and respond appropriately, there are important lessons to be learned from cases that resulted in litigation. This article reviews key cases…

The use of corporal punishment may be as old as society itself. However, the development of compulsory attendance laws has raised questions about its legality. Under compulsory attendance laws and subject to exceptions for home schooling and nonpublic schools, parents must send their children to public schools or be subject to sanctions. Conflicts…

This article points out that the "in loco parentis" maxim is partly to blame for introducing the confusing "reasonable parent" doctrine as the test for delictual negligence of educators in the school context. It is argued that the standard of care exercised by parents over their children is not appropriate to determine the negligence of educators.…

Indicates that malpractice suits are a new feature in education and explains how teachers, universities, and colleges can protect themselves against this threat. (Author/GS)

Provides suggestions to help administrators and instructors examine educational policies and practices, identify foreseeable risks, and plan for the appropriate management of risks in light of recent court decisions on: proper instruction, adequate supervision of in- and out-of-class activities, and the maintenance and safe operation of…

Although schools are centrally involved in students' lives, they have been slow to report child abuse and neglect. This study examined reporting practices of 103 certified staff at a small, rural K-12 school district in Kansas. Elementary teachers reported more abuse than secondary teachers; most teachers had difficulty recognizing psychological…

Every hour of every day, students experience bullying and harassment at school by their peers. The immediate and long-term impact on the victims' learning capabilities, emotional health, and self-esteem is staggering. " School Bullying: Tools for Avoiding Harm and Liability" tackles this critical problem with an easy-to-use framework that guides…

Identifies elements that (British) courts consider in school or teacher negligence cases. Reviews significant case law establishing liability of schools and teachers for harm sustained by pupils and children's personal liability for careless acts leading to personal harm. Discusses implications of a recent child negligence case. (Contains 14…

Legal experts doubt that special contract clauses will be able to protect institutions in negligence cases. (MSE)

The education and legal literatures disclose significant disincentives for compliance with mandatory child abuse reporting laws. Although evidence indicates that school personnel understand their legal obligations and recognize signals of child abuse, they consistently underreport abuse occurring in home settings and are seldom held accountable.…

Addressing educators and citing the California Penal Code, this booklet discusses the legal responsibilities of persons in child care situations regarding incidents of suspected child abuse. Included are: (1) a definition of child abuse and neglect; (2) reporting procedures including liability of failure to report and immunity of the reporting…

The legal status of sex education in the public schools in the United States as it existed at the close of the 1971-72 school year was investigated. The investigation included surveys, analyses, and interpretations of statutes, significant rules and regulations of state departments of education, and court holdings as they applied specifically to…

A legal definition of educational malpractice is yet to be codified, but the term can be assumed to involve professional negligence or the failure to provide services that can reasonably be expected. Unlike many other professional services, however, education relies on the active participation of the client--the student--and depends to a great…