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. Leaving students on the bus when it arrives at school, sexual abuse of students by the bus driver, bus aide, or other students, and injuries caused by student misbehavior are just a few situations that might result in liability for a school district or contracted private bus company.
A school has a responsibility to protect students from harm. Will arming teachers or placing armed security guards and police in the building make our schools safer and prevent school shootings? There is a great deal of debate as to whether more or different forms of attention to school safety and security will lead to a reduction in school killings, but these ideas don't seem to be showing positive results. Perhaps arming school staff not with guns but with the training needed to relate to students in a positive way will go a long way toward preventing some students from carrying out their deadliest ideas resulting in school shootings.
Under Title IX, for a school to be held liable for denying an educational opportunity to a student who was sexually harassed or abused, the court must be convinced that the school had actual notice of prohibited behavior and that it acted deliberately indifferent to it. Often, it is a challenge to define what "actual notice" is and whether the school had such notice. If the school has no information on which to act to end harassment or abuse, it cannot be determined to be indifferent. In some of the cases we have worked on, however, there has been some level of notice that, if investigated, would have confirmed that harassment or abuse was taking place. Such notice could be a teacher hearing a rumor about a sexual relationship between another teacher and a student, a staff member watching a student speak in a sexually inappropriate way to another student, or the school receiving notice that that an off-campus sexual violence event is creating retaliation at school. Examples such as these may constitute actual notice, depending on the circumstances.
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 may find themselves liable for injury - not only for those suffered by their own students, but also for those incurred by children who are invited onto school grounds, who attend separate programs on school grounds, and even those who are considered trespassers.
On March 22 the U.S. Supreme Court issued an 8-0 opinion in the case Endrew F. v. Douglas County School District, ruling in favor of the parents of a student with autism spectrum disorder who had charged that the district did not meet the requirements of the Individuals with Disabilities Education Act (IDEA. The parents argued that their child did not receive a free, appropriate public education (FAPE) that was mandated by Congress.
Schools, including K-12 schools, colleges, and universities, have a responsibility to protect their students from harm. Harm includes the inability to benefit fully from education as a result of being in a hostile school environment. The politically motivated rhetoric and actions seen in schools during and after the presidential campaign can create a hostile school environment for which schools can be held responsible.
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 students - and ultimately a school, district, or other agency - at risk. When the history of a volunteer or chaperone on an overnight school trip includes something that would raise a red flag but the school is unaware of it, school officials are not able to make an informed decision about whether or not that person should be allowed to interact with children.
Protection of the health, safety, and well-being of children who participate in recreational activities at a summer camp, summer school program, or community and private recreation centers should be the standard operating procedure of all those who provide these services. The standard of care owed to children who participate in organized or sponsored recreational activities such as sports, dance, swimming, rock climbing and variety of other activities at a camp or other agency must be consistent with professional standards in the field. Ingraining standardized practices and responsible planning and supervision into the work habits of all employees will help to protect the employees and the agency from activity injury liability and costly litigation.
It is a brand-new school year: 2011-2012. If there is any school superintendent in the nation who currently operates without formalized school safety plans in place (quite apart from the noticeable but ignored "thou-shalt-nots" festooned on campus walls, doors and fences), s/he needs to regard-as a wake-up scream-the thunderous allegations of negligence, child endangerment, foreseen traumatic event, breach of duty of care, sexual molestation, dereliction of duty, and reckless disregard hurled by a passing parade of aggrieved and angry parents, as they will set the pace nationwide in the filing of future lawsuits over the on-campus dangers and subsequent injuries and traumas, of various kinds and degrees, to their children.
News of the tragic suicide of Marquise Braham and the resulting lawsuit against Penn State Altoona and Phi Sigma Kappa brought to the surface some very painful memories. Earlier in my career I spent several years as the Executive Director of Delta Kappa Epsilon fraternity, a midsize International fraternity founded at Yale in 1844. Five or six US Presidents have been members(FDR was a member of the Harvard Chapter which was thrown out for not paying dues). Deke, as it is known, was international in that it had a few Canadian chapters.