Volume
1, No. 1
Fall 2002

The
late Hamilton Fish, a U.S. Congressman from N.Y., was dedicated
to justice and youth issues. It is in his memory which we dedicate
our work.
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School Liability - A Legal Primer
by
Kirk Bailey, J.D. and Catherine J. Ross, Ph.D., J.D.
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| In
this Issue:
Feature
article: "School Liability- A Legal Primer (Part one of four
parts)
Annual
Conference wrap-up
What's
New at hamfish.org
Mail
Call
Around
the Web: Other resources on the Internet
Heard
in the Halls
Book
Review |
Generally,
schools cannot guarantee safety for all students or teachers while
at school. Yet, schools do have a duty to provide reasonable
supervision of students and maintain the safety of the school grounds,
especially since students are required to be at school under compulsory
attendance rules. Acts of violence involving schools may place
the school, its administrators or governing body at risk of legal
liability. This liability may arise from a variety of circumstances
and may depend on actions taken (or not taken) by the school itself.
Schools may be liable not only for civil claims such as negligence,
but claims asserting violation of a student’s constitutional rights
under the Fourteenth Amendment (guaranteeing due process and equal
protection) and a variety of civil rights claims. This article outlines
the school’s potential for liability under civil or constitutional
claims when violence occurs. |
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Civil
Liability
School
districts face potential liability for the violent acts of students
or non-students where they fail to:
1)
Supervise a specific area at school where prior instances of violence
occurred,
2) Warn faculty, potential targets or appropriate school personnel
about a pre-existing danger, including the violent propensities
of a student,
3) Establish and/or adhere to a school safety plan.
more
on this story |

The
Hamilton Fish Institute is administered by The George Washington
University Institute for Education Policy Studies, Graduate School
of Education and Human Development
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Glenn
to Lead Hamilton Fish Institute
by
Abby Strunk
The
Hamilton Fish Institute in the Graduate School of Education
and Human Development recently named Beverly Caffee Glenn its
new director. Hamilton Fish is a national resource for the research
and development of school violence prevention strategies. Glenn
joins the institute after serving three years as the director
for Human and Civil Rights at the National Education Association,
where she supervised a unit devoted to safe schools work.
"I come to the institute with a deep respect for the work
done by its expert staff," says Glenn. "I envision
Hamilton Fish becoming the preeminent organization for technical
assistance to schools, national associations, and government
agencies in this arena. Additionally, the institute and its
consortium of universities will continue to provide policy analysis,
research, and evaluation that improves policy decisions supportive
of safe schools and communities." |
The
Institute, founded in 1997, works with a consortium of seven
universities to develop and test violence prevention strategies.
Members include Syracuse University, Florida State University,
Morehouse School of Medicine, Eastern Kentucky University,
Massachusetts Mental Health Institute, University of Wisconsin-Milwaukee,
and the University of Oregon. The consortium has expertise
in adolescent violence, criminology, law enforcement, substance
abuse, juvenile justice, gangs, public health, education,
behavior disorders, social skills development, and prevention
programs.
Glenn is the former dean of the School of Education at Howard
University and former senior policy analyst at the Center
for Law and Education at Harvard University. She has a BS
in mathematics with a minor in chemistry from Morgan State
University. She received a master's degree in curriculum development
from The Catholic University of America and a doctorate in
administration, planning, and
social policy from Harvard University.
Page Two
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