Do schools have a heightened standard of care to assure the safety of students and others from those with behavior disorders?
"This article explores issues of legal liability for school personnel where students with disabilities are injured in school settings or cause injuries to employees and other students in schools."
"The lack of clarity as to how the requirements of the IDEA affect tort liability under state or constitutional tort theories should prompt school officials to take several preemptive steps..." including communicating to all personnel that services under an IEP can create liability for both reimbursement and compensation under IDEA and torts law; checking their liability policies for applicability to student-related injuries; advising personnel to consider personal liability coverage through professional organizations; training volunteers or chaperones on field trips to protect students from foreseeable risks (p.389)