When a student personal injury in a public school triggers litigation, plaintiff and defendant attorneys must address the concept of governmental immunity. In general, governmental immunity shields public schools from tort litigation and liability. Governmental immunity is not universally applicable, however, depending on how the facts of a specific case accord with state or provincial laws. This article is about how governmental immunity in public school cases might be pierced and how schools can determine whether governmental immunity applies in school liability cases.
Millions of children participate in programs operated by daycare centers, nursery schools, and camps across the United States and Canada. The most important aspect of childcare is the safety and supervision of children. When a teacher, recreation leader, camp counselor, or other supervisor is engaged in activities involving young children, there is a duty to protect the child from physical harm, sexual abuse, and other forms of personal injury. A breach of duty to protect the health, safety, and welfare of a child that leads to injury may result in daycare negligence lawsuits.
Injuries are a part of intramural and extramural sports and recreation programs. According to the National Federation of State High School Associations, high school athletes account for 2 million injuries, 500,000 doctor visits, and 30,000 hospitalizations each year. There's a certain level of risk assumed by a child who participates in any physical activity, but the school or agency has a general duty to protect children from harm to avoid school sports injury lawsuits. Dereliction of that duty may result in any number of situations that a jury may consider negligent, such as failure to develop and implement appropriate policies and procedures for supervision, poor maintenance of equipment, or inadequate instruction of children about the dangers inherent in their activity.
Student injury or death often brings negative attention to a school. In fact, the first thing often reported publicly is an injured party's claim that an incident stemmed from the negligence or misconduct of a staff member responsible for a child's safety - a teacher, coach, or bus driver, for instance. But a student injury or death can result from any number of situations. These might range from school-related action or inaction, such as a breach of school security or failure to follow a student's medical orders, to a student's own actions and choices triggering a contributory negligence defense.
For schools, daycare centers, after-school programs, and camps, children with disabilities often present significant supervisory challenges. If these children's needs are not adequately addressed and a child is seriously injured or killed, negligent supervision may be viewed as a proximate cause. But what constitutes reasonable supervision of children with behavioral or physical disabilities? It depends on the unique needs of the student and a school's standards for protecting that student from harm.
This article reviews recent legislation and how that legislation effects compliance with student IEPs in regards to the equipment that can improve a student's ability to learn and interact with teachers, family, and friends. The article details the recommendation of devices and the school's responsibility in regards to their procurement, usage, and maintenance.
Abstract: This special paper introduces the Individuals with Disabilities Education Act, describes the school district's obligation to advocate for students with disabilities, reviews student rights created by the law, defines key terms, and takes the reader, step by step, through the procedural protections provided by the regulations.
Abstract: Examples of consultations serve as an illustration of how a consulting education expert can assist lawyers who are working on school and education related cases. One example deals with a special education dispute involving inclusion and the other deals with liability for student injury and a settlement of $850,000.
The tragic realities of the school killings in Littleton, Colorado, and similar instances of violence involving today's youth, have educators, policymakers and communities searching for causes as well as methods of prevention. Hit lists, posted on Internet sites and plans made by high school students to "get even" when they are teased are symptoms of what we already know: Bullying, teasing and discrimination are big problems for American children.
Our nation's schools pay millions of dollars annually in damages to school children injured in class, sexually assaulted by teachers, and harassed by fellow students. Unnecessary risks in schools can be controlled to protect the safety of students, faculty and support staffs and to eliminate costly litigation and settlements.