LEGAL LIABILITY
The law that defines situations in which school districts in Texas can be held liable for personal injury.
What is the Tort Act?
Superintendents, principals, teachers, substitute teachers, supervisors, social workers, nurses, counselors, teacher's aides, student teachers, DPS certified bus drivers, and school board members.
Who are professional employees of a school district in Texas?
Intentionally and seriously harming a student physically or mentally.
What is child abuse?
A student’s parents sued the school district for negligence when a barn collapsed on their child and he was badly injured. The court dismissed this part of the suit because the school was exercising governmental functions and was not answerable.
What is the case of Barr v. Benard, 1978?
This is imposed only when the injury arises from the negligent use or operation by a school officer or employee within the scope of employment.
What is a school district being held liable?
School district professional employees have this form of immunity.
What is qualified immunity from tort liability?
Definition of corporal punishment.
What is the use of physical force with the intention of causing a child to experience pain so as to correct their misbehavior (Straus, 2001)?
A student was injured repairing a car in auto mechanics class. The district was not liable because the vehicle was not being used to transport people.
What is Naranjo v. Southwest, 1989?
School districts are not liable in this situation.
What is, if the law isn’t clearly established and there is a question in regards to it, an individual cannot be held liable.
If a person is injured, while school bus driver is operating a school bus they can be found liable and are not protected by _______.
What is qualified immunity?
Courts have ruled that school districts must not use excessive force or negligence when exercising this form of punishment.
What is corporal punishment?
Spacek v. Charles, 1996- The court ruled that there was enough evidence of possible excessive force and the case was decided after a full trial
What is a case regarding two coaches that threatened to hang or shoot a student if his grades did not improve?
Individuals only held liable when they are violating a well established law that ______ would have known.
What is a reasonable person?
Who are cafeteria or custodial staff?
Regarding corporal punishment, these professionals are protected by Tort liability.
Who are professional school district employees?
The lawsuit was rejected because no school policy caused the student to die. It was just an unfortunate accident.
What is the Lewis v. Igwe case regarding a special education student that died after choking on some food at school?
A school district can not be sued, because an employee of the district has injured someone.
What is a limitation of government liability?
Based on the judgement of the U.S. Supreme Court, this is an exception to qualified immunity.
Who is an employee that uses excessive force in order to discipline a student or if they are “negligent in disciplining students so as to cause injury” (pp. 385)?
This group has a legal right to "opt out" of corporal punishment being administered to their child.
Who are parents?
The full Fifth Circuit court qualified immunity to the administrators and dismissed them from the case. The court ruled that the student could distribute their religious materials, but because of the vague law, the administrators were not held personally liable.
What is the case of Morgan v. Swanson, 2011, in which the parents were upset that their children were not able to hand out gifts at a school party because there was a religious message included?