In 1991, the Massachusetts legislature passed an open enrollment law permitting students to enroll in schools outside their home communities. This article describes a study of enrollment patterns under the open enrollment program as of fall 1992. The study compared certain characteristics of Massachusetts sending and receiving districts in those settings in which 20 or more school-choice students transferred from one district to another. This comparison revealed that families generally enrolled their children in the schools of communities having higher indicators of student performance and higher socioeconomic status than the districts they left.
This article reports the results of a survey administered to elementary classroom teachers to determine their abilities to recognize signs of abuse, their perceptions of the reporting process, and their understanding of issues of liability. Teachers indicated that many of them were unable to recognize signs of child abuse and were confused about reporting procedures. In addition, some were consciously choosing not to report because they did not think that child welfare agencies would provide any effective relief for the child. Furthermore, some teachers were ignorant of the immunity provisions designed to protect them and of the criminal penalties for not reporting. Some teachers were also fearful of ramifications for reporting, including harassment by the abuser, a lawsuit, or alienation from co-workers or administrators. Collectively, the results provided insight into teachers' thoughts and behaviors in regard to child abuse and indicated that many teachers are in need of training to identify symptoms, to become familiar with reporting procedures, and to clarify misconceptions about the law.Physically and sexually abused children come from all kinds of families and socioeconomic conditions, but most have one thing in common-they go to school. For
In the wake of Eisel, few commentaries have been written about the legal significance of student suicide. Although providing broad practical advice and limited case law analysis, the professional literature lacks a comprehensive and systematic analysis of Eisel's common-law and constitutional tort effects.
To fill this gap and address this question in terms of common law and constitutional liability, this Article is organized as follows. Part II provides a brief overview of the common law regarding liability for another's suicide and shows that courts have generally disfavored this cause of action. Section III examines the Eisel decision in detail. Part III(A) traces the post-Eisel decisions that took the same common-law path to possible liability. Part III(B) analyzes why public educators do not need to be overly concerned with common-law liability for student suicides. Part IV examines the post-Eisel decisions that proceeded down the alternate path of an alleged constitutional tort. Part V examines the Armijo v. Wagon Mound Public School decision and demonstrates that the court established the possibility of § 1983 liability on the part of school officials in the wake of student suicide. Part V.A examines the pre- and post-Armijo cases addressing student suicide. Part V.B analyzes the unlikely probability of success under a § 1983 claim against school officials. Part VI provides a brief conclusion that educators have little to fear with regard to liability for a student's suicide.
When writing a case for submission to the JCEL, the case writer should always keep in mind the four essential elements of a good teaching case: context, complexity, ambiguity, and relevance.
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