Education-School Law
A SAMPLING OF “EDUCATION-SCHOOL LAW” ISSUES ADDRESSED IN THE NEW YORK APPELLATE DIGEST SEARCHABLE DATABASE
EDUCATION-SCHOOL LAW issues in this database are pervasive. The issues include (but are far from limited to):
Assaults By and On Students (negligent supervision, ect.)
Assaults By and On School Employee (negligent supervision, training, hiring, retention, etc.);
Sports Injuries (negligent supervision, assumption of risk, etc.);
Playground Injuries;
Sexual Assaults By and On Students;
Sexual Offenses by Employees;
Accidental Injuries suffered by students (negligent supervision, off-campus, etc.);
College Disciplinary Proceedings (code of conduct violations by students, due process, right to counsel, review standards, proof standards, appropriateness of punishment, etc.);
Inadequate Security;
Accommodation of Student Disabilities;
Academic Performance (colleges, termination from a program, etc.);
Notice of Claim (late notice, etc.);
Slip and Fall (school grounds, etc.);
Sound and Basic Education (lawsuits to enforce constitutional right, etc.);
Bullying and Harassment;
Teachers (employment issues, etc.);
Administrators (employment issues, transfers, etc.);
Receivers (failing schools, etc.);
NYC Not Liable for Actions by NYC Department of Education;
Special Relationship (Department of Education’s obligation re: administrator injured breaking up a student fight, etc.);
Private Schools (reimbursement for care of autistic child, etc.);
Battery (gym class injuries, etc.);
Respondeat Superior;
Gym Class Injuries;
Negligent Infliction of Emotional Distress (school employee relationship with student, etc.);
Intentional Infliction of Emotional Distress (school employee relationship with student, etc.);
Negligence;
Unemployment Insurance (substitute teachers, etc.);
Zoning (schools not immune from zoning regulations, etc.);
Collective Bargaining Agreements;
Arbitration (collective bargaining agreements, discipline and suspension of students not arbitrable, etc.);
Expulsion (colleges);
Dismissal (colleges);
Contracts with outside agencies (prekindergarten program, etc.);
Charter schools (power to oversee its own programs, etc.).