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Duties to Student
Miscellaneous Issues
Definitions 1
Definitions 2
Other Legal Terms
100
This case said that a teacher is negligent because of failure to exercise reasonable care when the teacher left to return to the school. When the teacher was gone boys begin throwing pebbles at the girls.
What is Sheehan v St. Peters Catholic School? (1971)
100
The case of Zimmer-Rubert v Board of Education of Baltimore County (2009) held that this doctrine in which some units of government cannot be sued without their consent does not apply to teachers.
What is governmental immunity?
100
These are awarded when a court or jury finds that defendants have show intense disregard of a person's safety.
What are Punitive Damages?
100
This occurs when a teacher or person intends to carry out a certain action.
What is willful conduct?
100
This means to be responsible for action of ones self or others.
What is liable?
200
In this case a high school student was injured when falling from a device to fly during a school performance. The court found that the student was guilty of contributory negligence because the student failed exercise care.
What is Penn Harris Madison School Corp vs. Howard (2007).
200
In this case the United States Supreme Court said that when plaintiffs were the prevailing party under section 1983 of the United States Code but had no significant issues there were not entitled to attorneys' fees but would be awarded nominal damages as reward for identifying the a civil rights violation.
What is Farrar v Hobby 1992?
200
Teachers are required by law to report child abuse. They are are granted civil and criminal liability immunity if their reports are in this fashion.
What is the Good Faith standard?
200
This occurs when a teachers reputation is damaged.
What is impairment of reputation?
200
The party that files the suit is called this.
What is the plaintiff?
300
In the court case of Rollins vs Concordia Parish (1985) applied this principle when a young girl jumped off a merry-go-round and found both the student and school district negligent.
What is comparative negligence?
300
In the case of School board of Orange County vs Coffey 1998. Both the school board and the superintendent retained a teacher who had abused a student. The court found that both were liable for this.
What is negligent hiring?
300
These are awarded when the plaintiffs can show that they have lost a valuable asset such as salary or incurred medical debt.
What are compensatory damages?
300
This occurs when a person is made to feel lower than others.
What is Personal Humiliation?
300
A teacher who fail to exercise this when supervising students and one is injured will be held liable for the student's injuries.
What is reasonable care?
400
This principle was exemplified in the case of Eisel v Board of Education of Montgomery County (1991) where a student committed suicide. The father of the student said that the student had told several friends about this and the friends had told two high school counselors but they did nothing except to talk to the student.
What is duty of care?
400
In this case the state Supreme court ruled that educational malpractice occurred when special needs child was placed in a separate classroom and the child's behavior worsened. The court said the school has negligently misplaced the child.
What is B.M. vs State of Montana (1982)?
400
This occurs when their appears to be sufficient evidence of negligence caused by a party.
What is proximate cause?
400
This act states that a child attending persistently dangerous public schools will be allowed to attend a safe public school in the area.
What is No Child Left Behind?
400
These are awarded when a court finds that there was no significant issue but the plaintiff did point out a civil rights violation.
What are nominal damages?
500
A student in an indoor recess was injured by a plastic hammer by another student. During this case the teacher was not to be liable because an accident with a plastic hammer could not have been foreseen.
What is Sanitago v Cooper (2004)?
500
The case of Spears vs Jefferson Parish school board (1994) concerned a P.E. teacher that pretended to hang two friends of a student. The student then needed to receive psychological help. The teacher was found liable for this reason.
What is mental anguish and suffering?
500
Many school boards attempt to use this a defense to liability even though it is not normally allowed?
What is sovereign immunity?
500
Under this section of the U.S. code most school districts are "persons" and can be liable for violating students and teachers rights.
What is Section 1983?
500
This law says that if school officials are aware of wrongful acts or displays of indifference they be held liable.
What is Title IX