Bleacher Bums Forum

This would be a real extension of existing doctrine, Jes. But I wonder whether the very narrow "special relationship" exception to the usual rule that you note--that the Constitution usually does not oblige government to provide us with affirmative protection--could be extended to the school context, given that we mandate education for minors? Thus, the argument would be, in the same way that the government has an affirmative constitutional obligation to provide a safe environment and adequate medical care to the incarcerated (who are in a special relationship with government because they cannot take care of themselves), so too should it have an affirmative constitutional obligation to provide a safe environment to the children it requires (usually) to attend school.

The problem with indefinite pronouns is that they are, well, indefinite.

WHAT would be an extension of existing doctrine?  Oh, and there IS no Constitutional mandate that states educate anyone, only that education which IS provided is provided equally.