In a case involving a somewhat sarcastic elementary teacher, a Pennsylvania Commonwealth Court reversed the state commissioner of education's affirmation of her dismissal based on persistent negligence. Results of teachers' alleged verbal abuse of students depends on the nature of the claim, not just specific evidence. (MLH)

Although athletic events generate their share of negligence lawsuits, the relatively small number, compared with other education areas, suggests that defenses (like assumption or risk and contributory negligence) have a better fit in athletics. Implications of newer litigation trends involving coaches' misconduct and interpretation of state…

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…

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…

Discusses, from an Australian perspective, the context of, and the legal framework for, suing in educational negligence. Examines the decision of the English Court of Appeal. Explores some of the issues an Australian court might face when confronted with a claim in educational negligence. (80 footnotes) (MLF)

Australian educators' belief that U.S. teachers are often sued for careless teaching is a popular misconception. Courts claim that imposing liability on teachers would be against the public interest. Britain's House of Lords recently held that educators assume a duty of care when advising on students' educational needs. This article examines…

In 1994, an outdoor adventure company was the first British company to be found guilty of corporate manslaughter. General principles of criminal law, including the difference between recklessness and gross negligence, are reviewed to provide those in the outdoor industry a rough guide as to their possible criminal liability. Discusses U.K.…

Discusses the 1997 collapse of a balcony on a historic building at the University of Virginia, which resulted in a death and several injuries. Explores the balcony structure and cause of the collapse, any possibly preventative measures, and the resolution of legal proceedings resulting from the collapse. (EV)

Discusses a British case involving an insurance sales director's dismissal with unfavorable references and a California Supreme Court case involving "unreserved" references provided for a vice-principal accused of sexual misconduct in three districts. Some schools are declining to write references and/or confirming only factual details…

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,…

The English Court of Appeal found it difficult to establish standards of teachers' duty of care to establish the new tort of educational malpractice. However, the Court recently decided that claims based in negligence and alleging a failure on the part of teachers to identify and respond to the needs of certain learning-disabled students were not…

To help educators understand their legal responsibilities when supervising students, this article reviews the elements of negligence (duty, breach, injury, and causation) an injured party must prove to hold an educator or school system legally accountable. The article also reviews basic defenses to negligence: immunity, comparative/contributory…

Requests to write letters of reference for former teachers can be legally problematic. Principals should know relevant state laws; have employees sign a release from liability; provide only factual information; maintain fair personnel files; avoid telephone recommendations; disclose information on a need-to-know basis; and avoid performance…

In the United Kingdom, insurance is becoming harder to get and society is becoming increasingly more likely to demand criminal sanctions when accidents occur. Adventure educators can protect themselves by having a demonstrable, transparent system of risk assessment, safety equipment, training, and control, but they must also educate the public to…

Examines liability issues for academic libraries=FE student workers. Discussion includes staff training; hiring practices; supervision; negligence; emergency procedures; the use of reasonable care; and knowledge of library rules. Specific nonlibrary liability cases are cited as examples of the importance of employee screening, training, and danger…