Professor William Allan Kritsonis, PhD-legal Liability of Teachers and Administrators Ppt

8/20/2019 Professor William Allan Kritsonis, PhD-legal Liability of Teachers and Administrators Ppt

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PUBLIC SCHOOL LAWLecture Notes

William Allan Kritsonis, PhDLEGAL LIABILITY OF TEACHERS AD

AD!IISTRATORS



Teachers have two basic duties…to deliver academicinstruction and supervise students. The courtshave conveyed that teachers have a mandatory

duty to supervise students under their directionduring the school day as well as at school-

sponsored activities.



The process of teaching and learning

takes place in an environment in which

the rights of teachers and students areconstantly being balanced against the

rights and responsibilities of school

officials to maintain a safe, caring andorderly environment (Webb 2!.



Teachers that are responsible for younger

school aged children are held to a higher

standard of care than teachers of moremature students.



A hi"h#r stan$ar$ o% &ar# is also $#man$#$ o%A hi"h#r stan$ar$ o% &ar# is also $#man$#$ o%

thos# t#a&h#rs r#s'onsi(l# %or th# 'h)si&all)thos# t#a&h#rs r#s'onsi(l# %or th# 'h)si&all)

or m#ntall) &hall#n"#$, th# *o&ational an$or m#ntall) &hall#n"#$, th# *o&ational an$in$+strial arts, an$ th# 'h)si&al #$+&ationin$+strial arts, an$ th# 'h)si&al #$+&ation

t#a&h#rst#a&h#rs



EGLIGECEEGLIGECE

The most common category of torts in educationis negligence. "egligence may be defined as theomission to do something that a reasonableperson, guided by those ordinary considerationsthat ordinarily regulate human affairs, would do.There are four #ingredients$ to be proved beforean educator can be found guilty of negligence%

&. ' legal duty to provide appropriate standard care2. ' failure in that duty to provide the reasonable

standard of care (a breach of duty!. ' casual relationship between the negligent action

and the resultant in)ury*. ' physical or mental in)ury resulting in actual loss



TORTSTORTS



E- An +nsa%# stair.#llE- An +nsa%# stair.#ll

The most fre+uently cited statute is theTexas Tort Claims Act . This spells out the

circumstances under which a governmentalentity in Teas can be held liable for apersonal in)ury. The 'ct permits in)uredparties to recover from most governmental

entities damages cause by the negligent actsof employees arising from the operation ofmotor vehicles or from some condition ofpublic property.


http://slidepdf.com/reader/full/professor-william-allan-kritsonis-phd-legal-liability-of-teachers-and-administrators 9/15COURT CASESCOURT CASES



TE/AS TORT CLAI!S ACTTE/AS TORT CLAI!S ACT

&/ Teas 0upreme 1ourt

case, Barr v. Bernhard —0tudent was severely in)uredwhen a calf he was tending to

bumped a pole and caused theroof of a barn to collapse on

him.





LIABILITYLIABILITY

1ourts have also held school officials personally liable fordamages if they violate the clearly established constitutionalrights of students and teachers. When planning professionaldevelopment, administrators should make sure the following

+uestions are addressed%

Are teachers required to supervise their students at all times? Can teachers be held liable if a student injures another student or teacher?

Are there special legal definitions that impact upon teachers who supervise thecafeteria or plaground?

!f teachers are careless" are the automaticall liable for damages?

Are there special liabilit standards for substitute teachers and studentteachers? #hat is the $assumption of ris%&? #hat is $contributor negligence&?

Can teachers use governmental immunit as a defense against negligence? Can schools be held liable for failure to maintain a safe environment?

#hat %inds of damages do the courts award?



PROFESSIOAL DE0ELOP!ETPROFESSIOAL DE0ELOP!ET



PROFESSIOAL DE0ELOP!ETPROFESSIOAL DE0ELOP!ET

SUGGESTED PROFESSIONAL DEVELOPENTTOPI!S"

1ertification, mployment, 1ontracts, 1ollective 3argaining 4ue 5rocess, 6nsubordination 0tudent 7ecords, 8amily ducational 7ights and 5rivacy 'ct 0tandard of 1are and 4uty, 9iability 1opyrights and 8air :se 'cademic 8reedom 8reedom of pression, 4isruptive 0peech, 0lander and

9ibel 1hild 'buse and "eglect



RESOURCESRESOURCES

8ischer, 9., 0chimmel, 4., ; <elly, 1. (&!. Teachers and the Law (=th ed.!."ew >ork% 9ongman.

?ogan, @. 1. (&/=!. The 'chools and the Courts" and the (ublic !nterest) "ew >ork% 9eington 3ooks.

0ewall, '. A. (&=!. Teacher 9iability% What We 4onBt <now Aight ?urt :s.

0trope, @. 9. (&/*!. 'chool Activities and the Law) 7eston% Cirginia% "'005.

Walsh, @., <emerer, 8., ; Aaniotis, 9. (2=!. The *ducator+s ,uide to Texas

'chool Law) 'ustin% :niversity of Teas 5ress.

Webb, 9., Aetha, '., ; 8orbis @ordan, <. (2!. -oundations of American*ducation (rd ed.!. "ew @ersey% Aerrill.

Professor William Allan Kritsonis, PhD-legal Liability of Teachers and Administrators Ppt

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