Liability in High School

Paper Summary:

The paper explores liability issues in high schools in the US, including safety at school, unintentional torts, liability and negligence, supervision duties, the Family Educational Rights and Privacy Act (FERPA) and student record confidentiality. The paper shows how these high school safety laws are inclusive of many scenarios and provide extensive regulation and legislation focused toward protection of students in today's high schools.

Outline:
Objective
Introduction
School Safety
Unintentional Torts
Liability and Negligence
Supervision Duties
FERPA
Student Record Confidentiality
Summary and Conclusion

From the Paper:

"There are many laws that address safety in schools in the United States. The first of these is the 'Gun-Free Zones Act of 1996', which makes is a crime under federal law to possess a firearm in a school zone. School zone means either in or on the school grounds or within 1,000 feet of the school grounds. The 'Schoolyard Statute' relates to the sale or possession of illegal drugs in or near schools' and is a law that "...doubles the standard penalties for the first violation of federal laws prohibiting the possession, distribution, or manufacture of controlled substances in or on or within one thousand feet of a public school." (for Law and the Public's Health at Georgetown and Johns Hopkins Universities, 2006) Environmental modifications of schools are a requirement of law relating to elimination of blind spots, areas that are not well lit including entrances as well as requiring certain security to deter violence at schools."

Sample of Sources Used:

• A Review of School Laws and Policies Concerning Child and Adolescent Health (2006) A Report to the Division of Adolescent and School Health National Center for Chronic Disease Prevention and Health Promotion, Centers for Disease Control and Prevention Prepared by the: Center for Law and the Public's Health at Georgetown and Johns Hopkins Universities 11 Oct 2006. Online available at: http://www.publichealthlaw.net/Research/PDF/Center%20Report%20-%20Schools%20and%20PH.pdf
• Edleman, Marc (2005) How to Prevent High School Hazing: A Legal, Ethical and Social Primer. North Dakota Law Review 81 N.D.L. Rev. 309 Westlaw. Online available at: http://www.marcedelman.com/North%20Dakota%20Article.pdf
• The Tort of Negligence (2001) Missouri Center For Safe Schools. Online available at: http://education.umkc.edu/safe-school/documents/mononeg.doc

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