1. Gerri Spinella Ed.D. Elizabeth McDonald Ed.D.
Teachers and The Law 7th Chapter 5 When Am I Liable? Fischer, Schimmel, Stellman PowerPoint Presentation
Gerri Spinella Ed.D.
Elizabeth McDonald Ed.D.
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2. Chapter 5
When Am I Liable?
Essential Question
As reasonably prudent educators, how do you perform your duty of care to students?
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3. Key Concepts Chapter 5 –When Am I Liable?
Key Concepts Chapter 1-Teachers and the Legal System
Student Injuries
Defenses against Liability
Other Types of Liability
Damages
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4. KEY TERMS- Chapter 5 Tort immunity (58) Section 1983 (72-73)
Reasonable care (59)
Compensatory damages (75)
Duty of care (60)
Nominal damages (75)
Contributory negligence (63)
Exemplary or punitive damages (75)
Comparative negligence (64)
Prevailing party (77)
Assumption of risk (64)
-Reasonable Care: degree of care o a teacher of ordinary prudence would have used under like circumstances
Ex. Placing a tether ball pole so close toe the monkey bars , providing a natural incentive for a young child to try to slide down the pole
Failure to be more careful when dangers are greater….to provide careful instructions, clear warnings and close supervision ---would constitute negligence
-Duty of Care – when the risk of death to a child is balanced against the burden sought to be imposed on the counselors, the scales tip in favor of duty. (Ex. Telling the counselor about a student trying to kill themselves or others…)
Comparative negligence-allows negliglent students to recover damages has been trend;
Contributory Negligence: plaintiff cannot recover damages if the plaintiff's own negligence was in any way cause of injury – student severed two fingers in Shop II; however, evidence showed that safety issues were addressed; the younger the student, more difficult to prove
Comparative negligence-permits judge or jury to compare the relative negligence of the plantiff and the defendant in causing the injury and to make an appropriate damage award. (ex. 9 year broker her leg on a merry-g-round, court compared the negligence of the student with that of the school board (supervision); awarded 50% amount of compensation to each.
-Assumption of risk- defense against liability in activities such as competitive sports; person who know and appreciate the danger involved in an activity; voluntarily engage in it –expose them to predictable risks.
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Copyright © Allyn & Bacon 2007

5. Teacher failed to use due care.
Teachers may be held liable for damages for an injured student if the student can prove four things:
Teacher had a duty to be careful and to protect the student from being injured.
Teacher failed to use due care.
Teacher’s carelessness caused the injury.
The student sustained provable damages.
Student Injuries
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6. Tort Immunity based on premise:
Public funds designated for schooling should not be paid to private individuals for non-education purposes
State statutes for modified its scope
Law requires
Perform as a reasonably prudent person
When teacher’s actions fall below standards, teacher will be liable for injury
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7. KEY CONCEPT- Chapter 5 When Am I Liable? Criteria (59)
Teacher must not injure & must protect the student
Teacher failed to use due (reasonable) care
Teacher’s carelessness caused the injury
Student sustained provable damages.
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8. Case Presentation
The Sheehan Case
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9. Teacher Supervision
Teachers are required to supervise students all times.
A teacher’s duty of supervision extends beyond school hours.
Teachers can be held liable if a student injuries another student or teacher.
Teachers can be held liable if an aide injures a student.
If teachers are careless, they are automatically liable for damages.
There are special liability standards for substitute teachers and student teachers.
Not always needed to supervise
Yes—teachers supervision beyond school hours
Yes if the school hasn’t documented the aggressor’s offenses and if this occurs again, school is laible
No teacher--- the courts determines the supervision issue by the teacher
The injured students must prove more than that the teacher was careless; they must also show that the teachers failure to use due care was the cause of the injury.
No.
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Copyright © Allyn & Bacon 2007

10. Defenses against Liability
2002 – No Child Left Behind Act
(Paul D. Coverdell Teacher Protection Act) Prevents teachers from being sued for acts arising out of the normal course of their jobs, including discipline on students
Use of Waiver or Release
Doesn’t prevent suing
Schools have been generally unsuccessful in using them to prohibit negligence suits
Releases are “closely scrutinized and strictly construed” by courts
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11. Other Types of Liability
Report suspected cases of child abuse or neglect
Create school policies regarding students or employees with AIDS
Maintain safe environment
Difficult to hold schools liable for educational malpractice
Can be held liable for negligent hiring or retention of unfit employees
Can be liable for the emotional and physical injuries of students and teachers
Other Types of Liability
follow recommendations by the Centers for Disease Control and the American Academy of Pediatrics
May attend school; depending upon individual’s condition, may be restricted
May have medical teams to assist student/employee
Negligence cases for injuries to teachers are rare because this covered by worker’s compensation and barred by governmental immunity
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Copyright © Allyn & Bacon 2007

12. Schools are liable for violation of due process rights of students.
School Districts are liable for violating a student’s constitutional rights (Section 1983).
Schools are liable for violation of due process rights of students.
Schools are liable for violating students’ rights under the equal protection clause.
Schools are liable under Title IX for the wrongful acts of students and teachers.
Other Types of
Liability
Section 1983: school districts are liable but not local governmental units cannot be held liable for their employees negligent behaviors; Carefully monitor decisions by federal courts to keep apprised of current consitutional standards
-Equal Protection Clause – Nabosky – harassment of gay student; school officials were liable for discriminating against the student on the basis of his sexual orientation – violates equal protection clause
Title IX: no person shall, on the basis of sex, be excluded from participation in, be denoted the benefits of, or be subjected to discrimination under any educational program or activity receiving federal funding
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Copyright © Allyn & Bacon 2007

13. Damages Amount of money depends on circumstances Substantial Sums
Compensatory – mental or emotional distress
Punitive – school officials who intentionally deprive the student of his/her rights
Nominal – violation is unintentional and no actual injuries
Compensatory dames: compensate injured persons for their actual losses (medical expenses, lost salary, court costs and other as a result of the defendant’s negligence
(monetary, physical or psychological injury
Exemplary or punitive-defendants have shown malice, fraud, or reckless disregard for injured person’s safety or constitutional rights; punish the defendants for their wrongful actions
Nominal: symbolic award ($1.00) plaintiff has been wronged and showed actual damages.
Examples of cases: Memphis Community School District v. Statute – action arising from unwarranted discharge of a teacher
Cary v. Pipus – 2 Chicago students suspended for 20 days without due process
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Copyright © Allyn & Bacon 2007

14. Analysis of Mancha Case
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15. Case Study Initial Proceedings Complaint Defendant
Answers (30 days) or motion to dismiss
Facts of claim by plaintiff seeks
Complaint
Interrogatories
Depositions
Document Requests
Case Study
Discovery Begins
Settlement Conference
Step by Step
In The
Court System
OUTCOME
EDUCATIONAL IMPLICATION
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16. Chapter 5
When Am I Liable?
Reflection
Based upon the knowledge of liability issues, in what ways can we ensure the safety of our students and teachers?
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