Back to School: 6 Legal Issues to Remember

The start of school is bustling with things to do and starting a new schedule. In the midst of that, there are a slew of legal issues to keep in mind. 

1.   School Buses: Crashes and Wrong Stops

Earlier this summer, Lafayette Parish announced that it has seen a rise in the number of wrecks involving school buses. Last year alone, there were 69 school bus crashes in Lafayette Parish alone. This has prompted more training for drivers as well as numerous lawsuits. 

The other problem is a parent’s nightmare: young children being dropped off at the wrong address. If you have a young child, make sure he or she has your address written down and that you speak to the bus driver beforehand.

2.   School Liability for slip and fall

When a child is harmed on the school property, the family may have a claim against the school for failing to keep students safe. The theory of “premise liability” states that owners of land are legally required to keep their property safe for those present. On top of that theory, a school has an even greater amount of care to give since it is populated by young children. 

3.      Bullying

The parents of a child who was bullied may file a lawsuit against an individual, a school, or a school district for failing to protect the victimized student and failing to stop the harmful behavior. However, the lawsuit happens after the harmful actions have already occurred. Be on the lookout for signs of bullying to stop the behavior before it becomes potentially dangerous.

4.      Freedom of Speech

At public schools, there have been numerous free speech lawsuits dating back to the Vietnam War. While students have some rights in their speech, many others are restricted; consider for instance the public school policy on uniforms. A recent free speech lawsuit brought to light alleged wrong doing at the Catholic High School in Lake Charles. Ultimately, schools must balance a student’s free speech rights with the school’s need to ensure safety and an inoffensive learning environment. 

5.      Social Media

It is everywhere and cannot be regulated by all schools all the time. Some schools have policies on social media. For example, in many schools, teachers cannot friend students. This may be considered “crossing a line.” Additionally, keep a lookout for harassing posts as social media bullying, including anonymous hacking, has become increasingly problematic. 

Students should also remember that schools may be monitoring the students’ social media sites. While this may appear to be a violation of the Fourth Amendment: the constitutional right to privacy, the law will not protect social media posts.  

6.   Random Alcohol and Drug tests

This test you really don’t want to fail. Public schools are under certain rules of when an alcohol and drug search or test may be conducted pursuant to the students’ constitutional rights. However, private Schools are not subject to these rules.

Contact an attorney if you have any concerns or questions when going back to school. The Law Offices of L. Clayton Burgess is a Louisiana based personal injury law firm and handles a variety of cases including school bus crashes, drop offs at wrong addresses, privacy violations, slip and falls and bullying. Additionally, the office handles automobile accidents, trucking accidents, off shore injuries and civil rights cases.  

If your rights have been violated or you have been injured - Don’t Delay! Call Clay!

References: 

http://education.findlaw.com/school-safety/legal-issues-and-laws-relating-to-school-safety.html

http://blogs.findlaw.com/law_and_life/2013/08/school-to-randomly-test-kids-hair-for-alcohol.html 
http://blogs.findlaw.com/law_and_life/2014/08/a-back-to-school-legal-checklist-for-parents.html 
http://blogs.findlaw.com/law_and_life/2013/07/at-school-social-media-policies-are-trending.html