1. Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation by Gerri Spinella, Ed. D

2. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 5-2 Chapter 5 Why Am I Liable?

3. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 5-3 Chapter 5 When Am I Liable? Essential Question As reasonably prudent educators, how do you perform your duty of care to students?

4. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 5-4 Case Presentation The Sheehan Case The Sheehan Case

5. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 5-5 Key Concepts Chapter 1-Teachers and the Legal System Student Injuries DefensesagainstLiability Key Concepts Other Types of Liability Damages

6. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 5-6 Key Terms Tort immunitySection 1983 Reasonable careCompensatory damages Duty of careNominal damages Contributory negligenceExemplary or punitive damages Comparative negligencePrevailing party Assumption of risk

7. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 5-7 StudentInjuries Teachers may be held liable for damages for an injured student if the student can prove four things: 1.Teacher had a duty to be careful and to protect the student from being injured. 2.Teacher failed to use due care. 3.Teacher’s carelessness caused the injury. 4.The student sustained provable damages.

8. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 5-8 Tort Immunity based on premise: Public funds designated for schooling should not be paid to private individuals for non- education purposes State statutes modified its scope Law requires Perform as a reasonably prudent person When teacher’s actions fall below standards, teacher will be liable for injury

9. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 5-9 When Am I Liable? Key Concepts Criteria 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.

10. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 5-10 Teacher Supervision Teachers are required to supervise students all times. A teacher’s duty of supervision extends beyond school hours in school sponsored activities. Teachers can be held liable if a student injuries another student or teacher. Teachers can be held liable if an aide injures a student. There are special liability standards for substitute teachers and student teachers.

11. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 5-11 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 Defenses against Liability

12. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 5-12 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

13. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 5-13 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 ofLiability

14. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 5-14 Amount of money depends on circumstances Substantial Sums 1.Compensatory - medical expenses, lost wages, and mental or emotional distress. 2.Punitive - school officials who intentionally deprive the student of his/her rights 3.Nominal – violation is unintentional and no actual injuries Damages

15. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 5-15 Analysis of Mancha Case Analysis of Mancha Case

16. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 5-16 Initial Proceedings Complaint Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Discovery Begins Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION InterrogatoriesDepositions Document Requests Settlement Conference

17. Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 5-17 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?