For nine months out of the year, your children spend much of their time at school. It’s natural to be concerned about their safety and supervision while they’re there. In fact, school officials owe a duty of care to every student. Additionally, the law holds that students with special needs are owed an even greater level of supervision.
Schools must provide all students with general supervision, which relates to the supervision of groups of children by a specified number of supervising adults (such as at recess). Schools must also provide all students with specific supervision, which relates to the supervision of students who are engaged in activities that would be inherently dangerous without careful instruction (such as a woodworking project). For students with special needs, on the other hand, a school’s standard of care must extend to a more individualized focus on that child’s specific needs. The child’s known special needs, including behaviors and physical limitations, must be factored in when framing the level of necessary supervision for that child.
Individuals with Disabilities Education Act
The Individuals with Disabilities Education Act requires that students with special needs who qualify for special education and related services be afforded Individualized Education Programs (IEP) that are tailored to their own needs. If the identified students also have behavioral issues that could interfere with their own or someone else’s education or that could harm them or someone else, those students must also receive a behavioral plan. Each student’s IEP, including the behavioral plan, will guide the professional standard of care that must be upheld for that individual student.
Heightened Level of Supervision
Once established, the heightened level of supervision for children with special needs must be maintained for their own and other students’ safety. Put simply, schools have a higher duty of supervision for students with special needs. If your child was harmed at school due to a lack of adequate supervision on the school’s part, first seek immediate medical attention for your child and then consult an experienced personal injury attorney with expertise in school negligence cases.
IF Your Child Was Harmed Due to School Negligence, Contact a Qualified Huntington Beach Personal Injury Lawyer Today
If a lack of adequate school supervision has harmed your child, the Law Offices of Brent W. Caldwell can help. Brent Caldwell understands school negligence cases, and he has the commitment and expertise to fight for justice for you and your child. To schedule a consultation with one of our experienced personal injury lawyers, call our office today at 714-625-8914 or send us an email through our online contact form.