Court Cases
The court case where a teacher was found to be negligent when a girl was injured by another student who threw a rock at her.
What is The Sheehan Case?
_______ states that "teachers have a duty to supervise students under their control."
What is common law?
TRUE or FALSE
There are special liability standards for substitute teachers and student teachers
FALSE
The most common award students obtain from damages.
Compensatory damages
Can parents be held liable if a student injures a teacher?
Yes
The case that discussed a young boy being beaten on a field trip by several boys not connected with the school.
The Mancha Case
Is a teacher expected to anticipate every possible situation that may injure a student?
No
In what situation is a teacher not responsible for negligent behavior?
If there is no proof the teacher's presence would have stopped the accident from occurring
Damages can be awarded for what 3 types of injury?
Monetary, physical, or psychological
Do public schools have a constitutional duty to protect students from private actors?
No
The state court system that released this phrase "no requirement of constant supervision of all the movements of the pupils at all times"
Minnesota
Name 2 of the 4 things a student must prove in order for a teacher to be found liable for their injury
1. the teacher had a duty to be careful not to injure the student and to protect the students from being injured
2. the teacher failed to use due care
3. the teacher's carelessness cause the injury
4. the student sustained provable damages
Give an example from the text where the school was held liable for the emotional injury suffered by a student
P.E teacher in Louisiana pretended to "hang" students resulting in mental anguish suffered from a Kindergarten child
When the plaintiff has been wronged but unable to show actual damages the small symbolic award they receive is ___________
Nominal damages
What happened in the case of Wood v. Strickland?
Two Arkansas students were unlawfully suspended without due process
These states still adhere to the doctrine of contributory negligence.
Alabama, Maryland, North Carolina, Virginia, and the District of Columbia
Give an example of a teacher violating his/her duty of care
Example: Leaving a science classroom while students are working with dangerous chemicals
Why are educational malpractice suits generally not allowed?
The courts have not been able to determine which factors cause a student to fail academically
Awards received when a plaintiff has shown malice, fraud, or reckless disregard for an injured person's safety or constitutional rights
Punitive damages
Are all teachers responsible for reporting child abuse and neglect?
Yes
What was the outcome of the Louisiana case where a 9 year old girl jumped off the Merry-Go-Round and broke her leg?
The court reduced the amount of compensation by 50 percent since half of the fault was on the student.
A doctrine that has been recognized as a defense of student injury while participating in competitive sports.
What is assumption of risk?
Give an example of a constitutional tort
Example:
School administrator wrongfully expelling a student
Name all the damages awarded by the courts
Compensatory damages
Punitive damages
Nominal damages
Outcome of 1982 Supreme Court Case.
"public officials generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights in which a reasonable person would have known"