School Law and The Public Schools
A Practical Guide for Educational Leaders
By: Nathan L. Essex
Chapter 6: School Personnel And School District Liability
Overview
 Tort-an actionable or civil wrong committed against one person by another
independent of contract.
 Educators have three duties-instruct, supervise, and provide for the safety of
students
Liability of School Personnel
 Individual Liability-can only occur if the plaintiff can demonstrate that a school
employee’s action violated the law and that the employee exhibited a reckless
disregard for the rights of the plaintiff.
 Vicarious Liability-the board (rather than the principal) is held liable for the
tortious acts of the teachers, even though the board is not at fault.
 Foreseeability-the ability of a teacher or administrator to predict or anticipate that
a certain activity or situation may prove harmful for students.
 Nuisance-any dangerous or hazardous condition that limits free use of property by
the user. Claims may be supported if the evidence reveals that school personnel
should have been aware of a hazard and were not diligent in responding to it.
 In most states, the level of care expected of those who oversee property is related
to people who enter the property including invitees, licensees (i.e. community
groups), and trespassers.
 Liability Involving Students and Bus Stops- generally seen as extensions of the
school for disciplinary purposes. School liability may apply only when the
students actually board the bus.
 School Liability and Use of Technology by Students-districts should develop and
communicate technology use policies and enforce penalties against students who
violate policies. If students are harmed by other students by cyber bullying or
sexting and school personnel fail to respond to the type of behavior, then liability
charges may be imminent.
 Parental Access to School Premises- Parents have a legal right to visit public
schools, unless the parent has exhibited behavior that has posed a threat to safety.
Intentional Torts -results from a deliberate act committed against another person
 Assault- is an offer to use force in a hostile manner that causes apprehension.
 Battery- A battery occurs when physical contact actually takes place and is hostile
or unlawful.
 Defamation- Occurs when false statements are made about another person and do
harm to their name or reputation.
 False Imprisonment- Occurs when a student is detained illegally by the teacher or
the principle
Unintentional Torts- a wrong perpetrated by someone who fails to exercise the proper
degree of care in doing what is otherwise permissible.
 Negligence is perhaps the most prevalent source of litigation involving injury to
students, is viewed as the failure to exercise a reasonable standard of care
Standard of Care-requires that the school personnel exercise the same degree of
care that other professional educators holding similar positions would exercise
under the same or similar conditions. (Level of care due to student changes based
on the age, maturity, experience, and mental capacity of students, as well as the
nature of the learning activities in which they are involved.)
 Breach of Duty- Different school activities require various levels of supervision.
The question is whether the behavior of the school employee met the standard of
care required and if he or she could have foreseen possible injury.
 Proximate Cause- This is established if the evidence reveals that the employee’s
behavior played a direct role in the injury incident.
 Injury-To establish liability, there must be evidence to show injury resulted from
acts committed by a school employee or their failure to act.
Defenses for Negligence
 Contributory Negligence- most common defense, when a teacher or administrator
is charged and negligence is proven there are no monetary awards
 Assumption of Risk- most often seen with athletic teams, intramural activities,
and pep squads. School personnel are still expected to foresee possible injury
 Comparative Negligence- Acts of those involved are compared in the degree of
negligence, if one party is found to have contributed more injury than another,
then they will be assessed a great amount of damages. If jury finds that both
parties are equally responsible, neither party is assessed damages.
 Immunity-Government is protected and can’t be held liable for injuries resulting
from government functions (includes school districts because they are agents of
the state.) Immunity exists in a limited fashion in some states, but varies
o Teacher/administrators may/may not be covered by immunity because
they are responsible for themselves, this is why school personnel are
advised to belong to their local educational association, membership
carries liability protection
Proper Instruction and Student Safety
 Standard of care for teachers of physical education, intramural sports, science, and
vocational labs are higher because of the nature of the activities.
 Teachers have a legal duty to instruct on the proper use of equipment and
materials.
Duties of Supervision
 Before School
o Reasonable measures have been taken based on foreseeable harm, age, and
maturity of the students
o Parents should be informed in writing that school personnel are not
available during early morning hours to supervise
o Administrators are responsible to ensure that the campus is safe for earlymorning arrivals
 After School
o Not generally expected unless students engaged in a school-sponsored
activity
o Cannot ignore students when potentially dangerous situations are observed

Should have well-developed policies addressing responsibilities of all
stakeholders in situations involving after dark or exposure to unauthorized
strangers
During Field Trips
o Parental Consent and Written Waivers-Forms have very limited legal
basis, teachers still have a legal duty to supervise and ensure student safety
o Field Trips and Buses-School District owned or commercial-line
transportation should be used to transport students, not private vehicles
o

Educational Malpractice
 Educational Malpractice--any unprofessional conduct or lack of sufficient skill in
the performance of professional duties
 Academic Injury--failure to meet minimal standards of instructional competency
 Professionalism in Education-Public policy is now focused on accountability of
for educational outcomes, this may lead to more successful malpractice lawsuits.
Landmark Cases
 Hosemann v Oakland Unified School District-Court ruled that the Oakland
Unified School District have an affirmative duty to alleviate crime and violence
on school campuses.
 Doe v Taylor-Court upheld that Administrators had a duty to protect students
from hazards of which were known while under the school’s functional custody
 Wood v. Strickland- School board members may be individually held accountable
for damages when they violate the constitutional rights of students.
 Carey v. Piphus-School violated 14th Amendment Rights of a student due to a
lengthy suspension without due process.
 Francis v. School Board of Palm Beach County-Court upheld that schools boards
are not insurers of school safety. Duty of care in regard to transportation extends
from when a bus picks up the student at a bus stop to when they reach the school
door.
 Gordon v Oak Park School District No. 97-Court held that a teacher has the right
to yell or verbally chastise a student and would not be held liable.
 Celestine v Lafayette Parish School Board Case-Involved a teacher embarrassing
a student by having him write a vulgar word 1,000 times in the presence of his
peers as punishment for using it. The teacher was let go for using poor judgment.
 New Jersey v T.L.O.-This case upheld that a parent does not have to be notified
during a period of detainment of a student.
 Mirand v.The City of New York & City Board of Education-Students were
assaulted when leaving school while no supervision was being given. Failure to
exercise due to care was very expensive for New York.
 Norman v Ogallala Public School District-Nebraska Supreme Court ruled that the
district did not take the steps to adequately protect the student while using a
welding torch because they did not comply with safety regulations.
 Titus v Lindberg- Court ruled that schools are responsible for students who arrive
early, despite the time that they arrive, if they are aware of their presence. There is
no set time frame when supervision has to occur.
Peter W. v San Francisco Unified School District-This case involved a student
who was reading at the 5th grade level upon graduation. Parents were told that he
was near or at grade level, so they sued on the grounds of a misleading & bad
education. The courts could not establish standards of care for classroom
instruction and therefore could not rule in the parents favor.
 Hoffman v Board of Education-A student was placed in the wrong placement for
special services. Student claimed he had diminished intellectual abilities because
of this placement. The school district won.
Application for Administrators and School Districts
 Educational Malpractice-Administrators need to ensure that they have developed
quality standards of practice to guide student instruction and that they monitor
these instructional practices. They need to make sound decisions when it comes to
textbooks, curricula, and instructional policies. To make sure that all the
necessary skills are being taught in the classroom, personnel needs to be prepared
and trained. For those students who do not understand concepts, teachers must
provide remediation and develop instructional strategies to reach the needs of all
students.
 School Liability- Make sure school personnel understand the standard of care they
must maintain and that they have a legal duty to instruct, supervise, and provide a
safe environment for students. Policies involving conduct should be stated in the
district policies, along with consequences for violations. Students should not
undergo coercion, physical punishment, mental distress, or emotional harm from
school personnel. Instead, schools should develop an environment that
encompasses respect for all individuals. All personal information regarding
students should be kept confidential and shared only with those that are directly
working with that student. School personnel should provide supervision before
and after school.
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