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You are here: Home1 / Education-School Law 2

Education-School Law

A Sampling of the Education-School Law Topics and Issues Addressed in the New York Appellate Digest Database

LEGAL RESEARCH GENERALLY

To Use the Search Panel for Legal Research, Click on “Streamlined Research” At the Top of the Page for Guidance—Searches for Single Strong Words or Phrases (in Quotation Marks) Work Best.

EDUCATION-SCHOOL LAW issues in this database are pervasive and touch on additional database categories. Some of the additional categories are listed here in “all caps” and boldface. The specific issues described below are included in both the “Education-School Law” category and any other category indicated. These entries may help in choosing the most relevant categories and keywords for searches in these areas of the law.

Assaults By and On Students (negligent supervision, etc., NEGLIGENCE)

Assaults By and On School Employee (negligent supervision, training, hiring, retention, etc., NEGLIGENCE, EMPLOYMENT LAW);

Sports Injuries (negligent supervision, assumption of risk, etc.. NEGLIGENCE);

Playground Injuries (NEGLIGENCE);

Sexual Assaults By and On Students (BATTERY, NEGLIGENCE);

Sexual Offenses by Employees (NEGLIGENCE, EMPLOYMENT LAW);

Accidental Injuries suffered by students (negligent supervision, off-campus, etc., NEGLIGENCE);

College Disciplinary Proceedings (code of conduct violations by students, due process, right to counsel, review standards, proof standards, appropriateness of punishment, etc., ADMINISTRATIVE LAW);

Inadequate Security (NEGLIGENCE);

Accommodation of Student Disabilities (HUMAN RIGHTS LAW);

Academic Performance (colleges, termination from a program, etc., ADMINISTRATIVE LAW);

Notice of Claim (late notice, etc., MUNICIPAL LAW);

Slip and Fall (school grounds, etc., NEGLIGENCE, MUNICIPAL LAW);

Sound and Basic Education (lawsuits to enforce constitutional right, etc., CONSTITUTIONAL LAW);

Bullying and Harassment (NEGLIGENCE);

Teachers (employment issues, etc., EMPLOYMENT LAW);

Administrators (employment issues, transfers, etc., EMPLOYMENT LAW);

Receivers (failing schools, etc.);

NYC Not Liable for Actions by NYC Department of Education (MUNICIPAL LAW, NEGLIGENCE);

Special Relationship (Department of Education’s obligation re: administrator injured breaking up a student fight, etc., NEGLIGENCE, EMPLOYMENT LAW);

Private Schools (reimbursement for care of autistic child, etc.);

Battery (gym class injuries, etc., BATTERY);

Respondeat Superior (EMPLOYMENT LAW);

Gym Class Injuries (BATTERY, NEGLIGENCE);

Negligent Infliction of Emotional Distress (school employee relationship with student, etc. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS);

Intentional Infliction of Emotional Distress (school employee relationship with student, etc., INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS);

Negligence, (NEGLIGENCE);

Unemployment Insurance (substitute teachers, etc., UNEMPLOYMENT INSURANCE);

Zoning (schools not immune from zoning regulations, etc., ZONING, LAND USE);

Collective Bargaining Agreements (EMPLOYMENT LAW, MUNICIPAL LAW, CONTRACT LAW);

Arbitration (collective bargaining agreements, discipline and suspension of students not arbitrable, etc., ARBITRATION, EMPLOYMENT LAW, CONTRACT LAW);

Expulsion (colleges, ADMINISTRATIVE LAW);

Dismissal (colleges, ADMINISTRATIVE LAW);

Contracts with outside agencies (prekindergarten program, etc., MUNICIPAL LAW);

Charter schools (power to oversee its own programs, etc., MUNICIPAL LAW).

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CASE-LAW DATABASE SEARCHES ON THIS SITE ARE EASY:

PICK A CATEGORY IN THE DROP-DOWN MENU OF THE SEARCH PANEL ABOVE;

CHOOSE ONE OR TWO STRONG WORDS OR A STRONG PHRASE YOU ARE FAIRLY SURE WILL BE IN THE DECISIONS YOU ARE LOOKING FOR;

PUT THE KEYWORD(S) OR PHRASE IN QUOTES IN THE “KEYWORDS” LINE OF THE SEARCH PANEL AND CLICK ON “SEARCH”;

DO ADDITIONAL SEARCHES WITH OTHER STRONG WORDS (REVEALED BY THE SUMMARIES FOUND IN THE INITIAL SEARCH) TO MAKE SURE YOU HAVE FOUND EVERYTHING.

FOR EXAMPLE:

A Student Was Assaulted in School, Is the School Liable?

Click On “Education-School Law” in the Drop-Down Menu;

A Single Search for the Keyword “Assault” Will Pick Up Most of the Cases;

Searches for Other Keywords May Find More Cases, Words Like “Attack” “Bullied” “Punch” “Fight” “Shove” “Push” “Harass” “Gym” “Recess” etc.;

Searches for Such Simple Words Will Work Because Only the “Education-School Law” Category Is Searched. A Search for “Harass” or “Assault” or “Fight” in the “Criminal Law” Category, for example, Will Yield Completely Different Results;

By Doing Several Searches, Each with Different Strong Words or Phrases, You Will Ensure Completeness.

For More Search Tips Go to the “Streamlined Research” Page (Top Menu).

 

 

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