One
Reasonable care is?
What court case coincides?
the degree of care a teacher of ordinary prudence would have used under like circumstances. School board found liable when a six- year old student using the monkey bars swung onto a tether ball pole and was injured. (Gibbons v. Orleans Parish Sch. Bd., 391 So.2nd 976[La. App. 1980]).
Duty of care is?
Maryland case can be described as?
Two high school counselors liable for failing to attempt to prevent a student's suicide. Failed to impose on the school board and the father of the child. (Eisel v. Bd. of Educ. of Montgomery County, 597 A.2d 447[Md. 1991]).
Education Malpractice Case 1976
High school graduate could only read at the fifth grade level, sued the school district for failing to provide him with adequate instruction. The court was dismissed (Peter W. v. San Francisco Unified Sch. Dist., 131 Cal. Rptr. 854 [App. 1976]).
Willful Conduct in students
Students choosing to behave in an environment they feel safe
Impairment Reputation can be?
Result of particular incidents
Proximate cause is?
+ Jodeen's Case?
Jodeen was negligent in failing to use the ordinary care that a student of her age and maturity "would have used under like circumstances. The court dismissed Jodeen's claim and concluded that her contributory negligence was the PROXIMATE CAUSE of the injuries she sustained. (Miles v. Sch. Dist. No. 138 of Cheyenne County, 281 N.W.2d 396 [Neb. 1979]).
Compensatory Damages is?
Most common kind of damages. Compensate injured persons for their actual losses, including for the their medical expenses, lost salary, and other provable costs incurred as a result of the defendants' negligence
Good Faith Standard
Teachers, administrators, and counselors report known or suspected cases of child abuse or neglect, providing in that the reports were made in... "good faith"
Sovereign Immuntiy does what?
prohibits individuals from suing states under the ADEA
New York Case
Court awarded $1,075,000 in damages to a school psychologist who was raped and sodomized in her office in a school annex building. (Carole A. v. City of New York, 565 N.Y.S.2d. 169 [N.Y. App. Div. 2d Dept. 1991]).
Contributory Negligence is?
A plaintiff cannot recover damages if the plaintiff's own negligence was in any way a cause of the injury.
Comparative Negligence is?
Laws that permit the judge or jury to compare the relative negligence of the plaintiff and the defendant in causing the injury and to reduce the award to the plaintiff in proportion to her negligence
Punitive Damages are?
are awarded where defendants have shown malice, fraud, or reckless disregard for an injured person's safety or constitutional rights
Prevailing Party is?
Also termed as the successful party. The party in a law suit who obtains a judgement in their own favor
The Sheehan Case
Teacher failed to exercise reasonable care to protect her students from injury, the teacher is negligent. Margaret Sheehan case involved such negligence when a 8th grade student was injured one morning during recess (Sheehan v. St. Peter's Catholic Sch., 188 N.W. 2d. 868 [Minn. 1971]).
Governmental Immunity is?
is a common law theory which holds that since the state and ts agencies are sovereign, they cannot be sued without their consent and should not be held liable for the negligence of their employees.
Are school liable for educational malpractice?
Schools are generally NOT liable for educational malpractice, in most states.
Nominal Damages are?
small symbolic award where the plaintiff has been wronged but has not been able to show actual damages
Personal Humiliation can be determined by?
A teacher who is liable for the assault brought onto one student from themselves
The Mancha Case
Roberto Mancha was away from the teachers and was beaten by several boys not connected with the school. Under the circumstances the court ruled that the teachers did not have a duty to anticipate an assault or directly supervise the entire museum trip (Mancha v. Field Museum of Natural History, 283 N.E. 2d. 144 [Ind. App. 1979]).
Simple explanation of liable..
Distinguishing between teachers, school districts, and school boards liability in and out of the classroom
Negligent Hiring, whose liable?
Employers can be liable to employees or to third person when they are negligent in hiring or retaining employees whom they know or should have known are unfit and who put others at unreasonable risk of harm
Constitutional Rights when violated?
U.S. Supreme Court ruled that local government units such as most school districts are "persons" and can be held liable under Section 1983 of an 1871 federal Civil Rights Act for violations of student's and teacher's constitutional rights
Mental Anguish and Suffering Case
A physical education teacher became liable for a kindergarten students emotional injuries after the teacher pretended that he had hanged the students two friends (Spears v. Jefferson Parish Sch. Bd., 646 So.2d 1104 [La. App. 5th Div. 1994]).
Skateboard Case
California district was NOT held liable when a twelve year old student was fatally injured while playing a dangerous skateboard game at an elementary school playground at approximately 5:30 PM (Bartell v. Palos Verdes Peninsula Sch. Dist., 147 Cal. Rptr. 898 [App. 1978]).