This article discusses the potential negligence-based liability risks that orientation and mobility (O&M) specialists often face when assisting students with visual impairments with independent travel in uncontrolled environments. It also presents strategies that may minimize the risks of O&M training for both students and specialists. (Contains…

Although no lawsuits claiming educational malpractice have yet been successful, it is conceivable that educators and school systems will be held legally accountable for correctly diagnosing pupils' needs, placing them in appropriate instructional programs, and reporting their progress to parents or guardians. This bulletin briefly examines…

A science teacher forgets to remind her students to wear their safety goggles during a chemistry experiment and one student is injured when the caustic chemicals he is working with splash into his eyes. A teacher is late for recess duty and a student falls from the swings and is injured. A principal sends one teacher and one student teacher on a…

This book examines sexual abuse and provides a plan of action for educators in schools. Following a historical perspective and a report on the extent of the problem in chapters 1 and 2, chapter 3 presents case studies of abuse involving adult males and female students, adult males and male students, and adult females and male students. Chapter 4,…

Reviews the concepts of negligence and "tort liability." Outlines briefly 10 legal cases that can be useful in explaining what the liability issues are for today's educators with regard to students who are injured while in school. Outlines six steps school officials should take to avoid negligence. (SR)

This paper reviews aspects of Canadian and U.S. law related to liability and negligence of outdoor programs and suggests strategies for risk management. To prove negligence, an individual injured in an outdoor program must prove that the outdoor leader had a duty of care to the participant, standards of care were breached, actual injury was…

Here is a book to serve educators from all types of schools in either pre-service or professional development that is designed as a text for master's and licensure (post-master's) level. This book covers all the relevant issues in school law: (1) The legal system; (2) The federal and state role in education; (3) Church-state relationships; (4)…

This booklet, which is intended for individuals involved in screening and selecting professionals and volunteers to work in programs serving young people, presents and examines guidelines that were developed jointly by the National School Safety Center (NSSC) and the Missing and Exploited Children Comprehensive Action Program (M/CAP). Chapter 1…

This second edition contains updated information and new case studies, offering guidance for safer programs and management of risk while reinforcing sound educational practices. The book features overviews of legal concepts and presents examples of situations from the trenches. Case studies illustrate a variety of teacher, coach, and administrator…

Provides a scenario of a physical education class in which a student was injured in an activity conducted without proper instruction and adequate materials. The student sues the student teacher, her supervisor, the university department chair, and the university. The article examines the liability of each party. (SM)

In the absence of immunity, courts have held schools and school personnel liable for personal injury by a student with a disability that resulted from negligent failure to provide a reasonable safe environment, failure to warn of known hazards, or failure to provide adequate supervision. Case law is presented to demonstrate the extent that school…

To reduce liability risks, there are no substitutes for knowing law and policies, consulting with an attorney beforehand, providing adequate staff training, and documenting efforts. School law hot spots include negligence, religion, discipline policies, sexual harassment, magnet school diversity policies, and high-stakes testing. (MLH)

This paper explores what teachers can do to avoid potential lawsuits. Section 1 describes different types of laws for public and private schools. Section 2 discusses tort liability. Section 3 presents legal principles that apply to educators (in loco parents, intentional torts, strict liability, negligence, foreseeability, assigned duties,…

This book is designed to inform school administrators regarding school law. As a resource, it provides suggested, easy-to-understand guidelines for the avoidance of litigation. Subjects include preventive law and risk management; constitutional and statutory foundations of staff selection, contracting, and evaluation; negligent hiring, defamation,…