Other Educational Issues
Special Education in Private Schools
The definition of private schools is to be determined by individual state laws. Although, typically, private schools encompass of either nonsectarian or sectarian nature that are not publicly financed.
Children Enrolled in Private Schools by Their Parents
Tort laws are laws that offer remedies to individuals harmed by unreasonable actions of others.
Intentional Torts
The definition of private schools is to be determined by individual state laws. Although, typically, private schools encompass of either nonsectarian or sectarian nature that are not publicly financed.
Children Enrolled in Private Schools by Their Parents
- Public schools must find all students with special needs that are enrolled in private schools.
- Personnel from the the public school district are required to engage in meaningful consultation with private school representatives during the design and development of special education and related services for students in private schools.
- Must also decide how the public school will be involved in the student's education in matters of the types of services to be offered, how services and funds will be appointed, and how and when these decisions will be made.
- Private school must sign a form that a consultation has occurred.
- Schools that place students with special needs in private school must pay for the private school at no cost to the parent.
- Parents may request a due process hearing because they believe that the school district did not provide FAPE to their child and had to place their child in a private school.
- Evaluation of a student in a private school that is suspected of having a disability.
- Write and IEP that provides FAPE.
- The district must offer comparable special education and related services to that of the private school.
- The school can offer special education services on-site, at a neutral site, or at the public school which gives the student a genuine opportunity to participate in special education.
Tort laws are laws that offer remedies to individuals harmed by unreasonable actions of others.
Intentional Torts
- Assault- an overt attempt to physically injure a person or create a feeling of fear or apprehension of injury.
- Battery- an intentional tort that occurs from physical contact.
- The state has an affirmative duty to protect people from its own employees and this is true of teachers because of they are in positions of great responsibility and sensitivity.
- The acts leading to injury were neither expected nor intended. For this to occur an injury must have ocurred that could have been prevented by reasonable care.
- Elements that Need to be Present in Order for Negligence to Ocurr
- The teacher must have a duty to protect another from unreasonable risks.
- The teacher must have failed in that duty by failing to exercise a reasonable standard of care.
- There must be a casual connection between the breach of the duty to care and the resulting injury.
- There must be a physical or mental injury resulting from the negligence.
- If it can be shown that a student contributed to the injury.
- If a student is mature enough to recognize the dangers of certain activities and still volunteers to participate in that risk.
- Schools cannot relieve themselves from their responsibility to protect children.
- School districts should develop policies regarding the standard of care and supervision that need to be in line with the state tort laws as well as be in writing.
- All school staff must be trained in their responsibilities under these laws which shows that the school district acted in good faith.
- IEP team needs to address potential safety risks for the child and a plan of precautionary procedures should be written in order for risk to be minimized.