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| Spears v. Jefferson School Board | Issue:Liability for intentional act(1)Did the PE Teacher intentionally role-playing the killing of Justin's two friends?(2)Has this event caused musch stress on the Spear's family?(3)Is the school district liable? Court rule in favor of parents and awarded damages because child was emotionally robbed of a normal childhood by the careless actions of coach |
| Stevens v. Chesteen | Issue:Brief absence from class and breach of duty. How far from class constitutes a breach of duty?(2)Do accidents incurred during class while the teach/coach is briefly away constitute a breach of duty? Court said there was no negligence. The absence of Chesteen amounts to breach of duty of'reasonble supervision'. Since Timothy Stevens is not a child of tender years, he could have maintained certain vigilance for his own safety and well-being. Finally, Chesteen's presence would have not prevented the acident from occurring. |
| Simonetti v. School District of Philadephia | Issue:Was teacher negligent in failing to provide adequate classroom supervision? Kids coming in from recess tripped and a student was propelled a pencil into other students eye. Teacher was standing at door. Court ruled that teacher was not negligence since the teacher does not have the ability to anticipate students actions. |
| Hutchinson v. Toews | Issue:Contributory Negligence and student injury.Teacher had given NON explosive chemicals to students but then explosive chemicals were stolen by student to make a pipe bomb. Court said Injured Student with knowledge of Risk involved is contributory negligent |
| Wagenblast v. Odessa School | Students do not have a fundamental right to participate in school related activities. Releases required to be signed by students or parents as a condition of engaging in school activities, which exculpate school districts from liability for negligence, are invalid. Exculpatory releases from any future school district negligence are invalid because they violate public policy. The schools perform an important public service and cannot place the buyer under control of the seller. However, the schools might approach the legislature for relief. If a school buys insurance it is placed outside the protection of immunity from suit. |
| Donohue v. Copiague Union Free School District | Issue:Student graduated but could not read or write. Educational malpractice is for school administrative agencies, rather than the courts, to resolve. Factors such as the student's attitude, motivation, temperament, past experience, and home environment may all play an essential and immeasurable role in learning. Court ruled:Educational Malpractice is not a cognizable cause of action in Tort law. |
| Richardson v. Rankin | Issue: Liability of School District in Transporation Issues. Court ruled in favor of school district stating that the state coud adoopt legislation granting state immunity. The court refrains from infringing on the policy-making authority of the legislature. |
| Wardell v. Board of Education of the City School District of the City of Cincinnati | Issue: Is it constitutional to require teachers to have residence within the school district to be considered for employment? Court ruled Employee residency requirements are constitutional. A teacher brought an action under federal civil rights statutes challenging the constitutionality of a school board rule requiring all teachers hired after a certain date to establish residence within the city's school district within 90 days of employment. The districts must use "compelling state interest" test and the "rational basis" test. |
| Erb v. Iowa State Board of Public Instruction | Teacher's adultery insufficient to support revocation of certificate. A teacher could not be dismissed in the absence of evidence showing he was morally unfit. Since the state provided that a certificate could be revoked only upon showing a reasonable likelihood that the teacher's retention in the profession will adversely affect the school community and there was no such evidence showing adverse effect, the individual could not have his teaching certificate revoked. |
| Gaylord v. Tacoma School No. 10 Supreme Court of Washington | Issue:Homosexuality of a teacher is "Immorality" justifying dismissal.In this case a homosexual teacher's dismissal for immorality was upheld because his fitness as a teacher was impaired. Continued employment would cause a distraction among the faculty and students. |
| Hammond v. Board of Ed. of Carroll County | Issue: Female student assumed the normal, obvious risks of injury in choosing to play tackle football.Court said no negligence was found by part of the school district since the"general rule is that participants in an athletic contest accept the normal physical contact of the particular sport. |
| Felhusen v. Beach Public School District. | Issue: Whether the trial court erred in dismissing David Feldhusen petition for a Writ of Mandamus.Court stated that Teacher who did not obtain necessary credit hours during a specified period was not entitled to contract renewal. |
| Brown v. Tesack, Supreme Court of Louisiana | Issue: Is the school board liable for foreseeable accidents? Court concluded that the plaintiff's injuries were reasonably foreseeable and the school board was liable for the injuries. ( Flammable duplicating fluid) |
| Hett v. PLoetz | Issue: Bad Letter of Recommendation seen as a defamation of character. Court ruled that Ploetz had conditional priviledge stated only the facts so he acted in good faith, there was an absence of malice and Ploetz only spoke the truth. |
| Richmond Newspapers v. Lipscomb | Teacher written about by reporter defamed her character. Teacher sued. Issue of "public figure" does not apply to teachers. Plaintiff are not required to prove defamation was false and in reckless disregard for truth. |
| Flores v. Edinburg | Sue the office not the person" The minute a teacher or administrator gets outside of school policy. He becomes personally liable for an act of negligence |
| Doe v. Taylor | Texas Tort Claims Act applies: Case: Friend of principal; coach would take kids drinking,etc.; having an affair with student; whatdid you know and when did you know it?' Both got fired/went to jail. Bodily integrity was being abused by coach. 1983 statute= Any person acting under "color of Law" =constitutional violation to abuse/injure kid. |
| Calhoun v. Pasadena ISD | Do Private schools have governmental immunity? No they are not run by the government. |
| San Antonio v. Rodriguez | Education is NOT a fundamental right under the U.S. constitution. |
| Edgewood v. Kirby | State Financing system that causes wide disparities in Revenue among local school districts violates " EFFICIENT" provision of education clause of Texas Constitution. "EFFICIENT is not the same as ECONOMICAL" |
| Wood v. Strickland | Board members cannot enjoy ABSOLUTE IMMUNITY from prosecution for civil rights violations under section 1983 of the civil rights act. |
| Whittinhton v. Sowela Tech Inst. | Parent permission slips not worth the paper they are printed on; parents cannot sign away children's rights |
| Molitor v. Kaneland | Soverign immunity does not apply to transportation; no state in the country requires that districts transport students; districts take this upon themselves |
| Sawaya v. Tuscon | District loses sovereign immunity when it rents buses, auditoriums, etc. ; Proprietary role especially if any profit is being made |
| Richards v. School district Birmingham, Michigan | NO INJURED Spectator can sue a school district for damages done in the natural failure of a facility( bleachers) when no proprietary role exists |
| Pickering v. Board of Ed./ Connick v. Myers | A teacher speaking out as a "citizen" on matters of public concern IS PROTECTED under the FREE SPEECH CLAUSE of the 1st Amendment |
