School Law Links
Ch.8 Educator and School
District Liability
Wood v. Strickland (1975) U.S.
·
Failed to give students due process before punishing
high school girls for spiking the punch at a school function
·
Board members have qualified immunity, not absolute
immunity
·
If board members deny student’s rights, they can be
held liable under Section 1983.
Carey v. Piphus (1978) U.S.
·
Suspending students without due process
·
Students are entitled to recover only nominal damages
when their due process rights are violated
Gebser v. Lago Vista Independent School District
(1998) U.S.
·
Teacher-to-student harassment
·
If a school is not aware of teacher actions, it is
not liable
Davis
v. Monroe County Board of Education (1999) U.S.
·
Student to student liability harassment
·
Harassment was serious and systematic
·
Private damages may lie against schools that act with
deliberate indifference
Tort Law
·
A Tort Law is a civil wrong
·
Civil law is brought by private citizens
Educator Liability
Intentional Torts
·
Did it happen on purpose?
·
Assault – Immediate fear of bodily harm
·
Battery – Harm to someone
Negligence
1. Duty of Care – duty
of care not to harm or injure another person
2. Standard of Care -
“reasonable and prudent”
3. Proximate Cause –
ex. maintain a safe playground
4. Actual Loss or
Injury – proof of damage
Defenses for Negligence
1. Contributory
Negligence
2. Assumption of Risk
3. Comparative
Negligence
Compensation
·
Compensatory Damages
·
Punitive Damages
·
Nominal Damages
Defamation
·
Written or spoken harm to reputation communicated to
a 3rd party
Plenary Power
·
State legislators put schools in place
Rodda Act
·
Established exclusive collective bargaining board
·
Between school districts and the exclusive bargaining
agent
·
Matters relating to wages, hours of employment, and
other terms and conditions of employment
PERB
·
Public Employment Relations Board
·
School labor relation disputes
·
School Board Meetings
·
Meetings must be open and public