Teacher Negligence
When a teacher fails to exercise _______ to protect his or her students from injury, the teacher is negligent.
Reasonable care
These laws permit the judge or jury to compare the relative negligence of the plaintiff and the defendant in causing injury and to reduce the award to the plaintiff in proportion to his/her negligence.
Comparative negligence
The actions of officials are determined to be in _____ based on an objective standard.
good faith standard
Courts can award several kinds of damages. The most common is an award for
compensatory damages
Margaret Sheehan from The Sheehan Case, was injured one morning during recess while unsupervised. The school appealed but the court case winner was still ____
Margaret Sheehan and Family
This common-law theory holds that since the state and its agencies are sovereign, they cannot be sued without their consent and should not be held liable for the negligence of their employees.
Governmental immunity
In Louisianna, a PE teacher was found to be liable for a kindergarten student's emotional injuries after he pretended that he had hanged the student's two friends. The school district was required to pay the parents $117,658 in damages to cover the costs of psychotherapy for the _________
mental anguish and suffering
The purpose of this award is to punish the defendants for their wrongful actions to deter similar actions in the future.
punitive damages
Two Maryland high school counselors were liable for failing to attempt to prevent a student's suicide. These counselors failed their role in _____
duty of care
The Montana Supreme Court agreed that the school owed a duty of care in testing and placing special education students under the Montana State constituion and failure to do so is a reflection of:
educational malpractice
In 2000, the U.S. Supreme Court ruled in the Kimel case that states' Eleventh Amendment _______ prohibits individuals from suing states under the ADEA
sovereign immunity
Small symbolic award, where the plaintiff has been wronged but has not been able to show actual damages.
Nominal damages
The Mancha Case is about Roberto Mancha being beat up by a group of boys at a museum who did not attend school. In court the judge noted that, "the museum in this case had been a "great educational enterprise," not a place of danger. The school was held not ____
Liable
When employers hire someone whom they know or should have known are unfit and who put others at unreasonable risk of harm.
negligent hiring
Deliberate behavior that endangers students, surrounding persons, school district employees, or property of the school.
Willful conduct
Plaintiffs who were _____________ are entitled to attorney's fees as a part of the costs. However, plaintiffs who were awarded only nominal damages, such as $1 when merelynidentifyi9ing a violation of a civil rights which did not change the relationship between the parties, are still _____ but nit entitled to attorneys' fees.
prevailing parties
Under the common-law of ______, a plaintiff cannot recover damages if the plaintiff's own negligence was in any way a cause of the injury.
Claiming that school officials violated students; right to liberty in situations where teachers were hired who later injured students, especially in cases of sexual abuse falls under ______
A federal law known as Section 1983