Care, Injury, and Tort Liability in Pupil Transportation PDF Download

Author: Harold Herman Punke
Publisher:
ISBN:
Category :
Languages : en
Pages : 8

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Author: Tim Wilkinson
Publisher:
ISBN:
Category : Electronic dissertations
Languages : en
Pages : 472

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Book Description
Albeit deemed as the safest means of transportation by the National Highway Transportation Safety Board, pupil transportation services do encounter issues of negligence that expose school districts to litigation. This study examines the historical development of case law pertaining to mass pupil transportation systems, specifically bus driver actions from a legal perspective. This dissertation focuses on ways to assess the effectiveness of current preventative measures to preventing the act(s) that might be negligent or preventing a negligent action against a school district or its employee(s). This dissertation met these goals by examining current literature associated with pupil transportation as well as 105 court cases involving litigation from a variety of states and court jurisdictions. The cases briefed in this study are arranged by subtopic and peruse federal and state law accordingly. This research study produced a number of key findings relevant to pupil transportation employees and tort liability issues. First and foremost, the study provides an anlysis of cases pertaining to criminal background checks, medical conditions, and drug testing as a means of prohibiting individuals with problematic issues from attaining employment as a bus driver. Secondly, exposure to litigation through negligent acts of bus drivers and other affiliated transportation employees were addressed by examining negligence associated with arriving at/ waiting at the bus stop, while driving resulting in student injury, driver issues, driving a bus resulting in injury to property or others, alighting from a bus resulting in student injury, independent contractors, liability insurance, cell phones, and seat belts. The main conclusions drawn from this research were that current approaches to addressing negligence associated with pupil transportation were deficient because they failed to embrace the need for indepth training for bus drivers, teachers, building level administrators, as well as district level administrators. This research argues for thorough training conducted by a legal expert on an annual basis for all individuals affiliated with district pupil transportation services in an attempt to reduce the number of student injuries and/or fatalities associated with such services. Futhermore, this research agrues for the protection of school district finances through adequate training in an attempt to reduce litigation associated with pupil transportation and tort liability by foestering extensive communication networks to address problematic areas.

Author: Harold Herman Punke
Publisher:
ISBN:
Category : Educational law and legislation
Languages : en
Pages : 310

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Author: United States. Division of State and Local School Systems
Publisher:
ISBN:
Category : School children
Languages : en
Pages : 28

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Author: Ralph D. Mawdsley
Publisher: Education Law Association
ISBN:
Category : Education
Languages : en
Pages : 116

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School officials face a daunting array of legal responsibilities in managing student transportation. This monograph identifies and discusses the most important transportation problems facing school officials, despite the considerable variances among state requirements. Following the introductory section, section 2 describes school districts' and school boards' liability for transportation decisions, including school-bus safety and requirements, selection of transportation, care owed to students during transportation, and school defenses in transportation literature. The third section outlines the legal responsibility involved in the school district's duty to transport students, including governance decisions, general financial considerations, funding of transportation, transportation of nonpublic students, transportation for special-needs students, and transportation for desegregation purposes. A conclusion reached in the final section is that legislative or administrative statutes or regulations face judicial scrutiny under federal and state constitutional standards, as well as consistency within the total state legislative scheme. Transportation guidelines, a table of cases, and an index are included. (LMI)

Author: Howard Clinton Leibee
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 112

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Author: Ruth Hammack Alexander
Publisher:
ISBN:
Category : Liability for school accidents
Languages : en
Pages : 148

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Author: National Education Association of the United States. Research Division
Publisher:
ISBN:
Category : Educational law and legislation
Languages : en
Pages : 32

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Author: Karen Rene Thorn
Publisher:
ISBN:
Category : Electronic dissertations
Languages : en
Pages : 360

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School personnel face the continual fear of litigation as they work each day in America's schools. Educators are especially vulnerable to suits involving tort liability issues. School employees have the responsibility to maintain the safety and welfare of their students. Even under the best circumstances, unfortunately, accidents involving students take place in schools. Consequently, school employees may be held liable for damages or injuries to students if they breach their duty of care to the student. A thorough knowledge of tort liability is essential for school personnel in helping school personnel avoid legal consequences. The purpose of this study was to examine how the courts have addressed issues related to tort liability for school personnel in the physical injury or death of students while at school or a school-related activity. School personnel must possesses knowledge of laws that affect their day-to-day activities in order to protect themselves and reduce the risk of liability. The goal of this research was to provide school personnel with information concerning the trends in cases centered upon tort liability for school personnel in an effort to improve knowledge and understanding. The West Law Digest System was used to obtain data and information on the topic of tort liability for school personnel. The study encompassed 110 cases involving tort liability for school personnel between the years of 1993-2008. Each case was analyzed according to the framework of Statsky and Wernert (1995). The analysis of the cases in the study indicated seven categories of tort liability issues that school personnel face when students are physically injured or die while at school or school-related activities. School personnel prevailed in 82 of the 110 cases involved in the study. The student was successful in 9 of the cases and the court decision was split in 19 of the court cases. As a result of these court decisions, the study determined 32 guiding principles for school personnel as they work with students on a daily basis.

Author: Alabama. Department of Education
Publisher:
ISBN:
Category : School buses
Languages : en
Pages : 120

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