LIABILITY OF SCHOOL ADMINISTRATORS.   Term Paper ID:23727 Click to get this paper

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Paper Abstract: Legal responsibility to students, immunity, student safety, examples, free speech, searches & seizures, sexual abuse & harassment, discipline, biculturalism. Paper Introduction: LEGAL LIABILITIES OF SCHOOL ADMINISTRATORS This research paper deals with the legal liabilities of school administrators, primarily school board superintendents, principals and assistant principals to third parties. The emphasis is on the public schools through grade K-12. Traditionally, school board administrators were largely insulated under state law from liability. Since the 1970s, the liability exposure of school districts, school administrators and teachers has exponentially expanded. Largely due to the effects of various forms of federal intervention in the public schools and the creation and enforcement of private federal causes of action against them, the task of school administration has become highly legally intensive and the relationship between public school officials and students and parents has become much more Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. Calif. 29-31). [and are] willing to jettison the legalbaggage that obstructs school-based management" (p. Jr. The demand for greaterinvolvement of parents and the community has generated other controversies.Walker & Roder (1993, Spring) conclude that "it remains to be seen whetherstate educational authorities and boards of education are willing to cedereal power to local schools . This immunity has been revoked or diluted by decisionsof state courts in many others. Occasionally,unduly harsh punishments have been overturned. 897). 1624, 1628 (1995) on the grounds that "the commerceauthority, though broad, does not include the authority to regulate eachand every aspect of local schools." An interesting recent development, sponsored by the Christian rightwing, has been the appearance on the Colorado ballot in 1996 of a proposedamendment to the state constitution which states that the right of parentsto direct the education of their children, including disciplinary action,"shall not be infringed" (Carlson, 1996, 21 October, p. America, 174, 4-5. (1991, January 13). They have also overturnedactions taken by schools to isolate such students after they becamedisruptive. It is worth noting in passing,however, that males accounted in 1989 for 82 percent of elementary schoolprincipals, 93 percent of high school principals and 98 percent of districtsuperintendents (Newman, 199 , p. In the 1967 Hobson case, a federal court inthe District of Columbia held that the use of standardized tests for thispurpose resulted in "unconstitutional discrimination on the basis of raceand economic background" (Hardaway, 1995, P. Journalof Law and Education, 2 , 345-37 . Department of Education thendeveloped 'Lau' remedies to induce the states to introduce bilingualeducation which many of them have done. The schoolmedical records showed that he had a heart defect. Howard County Public Schs., 85 F.Supp. 935). Dress codes are on the way back. (1996, October 21). Twenty five years later: schools andschool districts-discipline of students- committee may compel a 'properhaircut' as part of mode of dress. According to a 1993Harris poll, 22 percent of K-6 to K-12 students were believed to carryweapons to school. Secondary education. 28 ). Hazard, W. (199 , Spring). 346). 7 (1994). 584. Increasedfederal intervention in schools has been influenced by many factors: localfiscal problems, increased crime and violence in the schools and othersocial changes. School Bulletin9-16. revealing [its]ineffectiveness" (p. In 1994, Congress passed the Gun FreeSchool Zone Act, which the Supreme Court invalidated in United States v.Lopez, 115 S. Reflections on the practicaland legal implications of school-board management and teacher employment.Journal of Law and Education, 22, 159-186.----------------------- 9 denied, 115 S. M., Lloyd, J.W., Baker, J. (199 , Spring). Suchactions have various bases, but the most important single statute is 42U.S.C. In one1987 New York case, the court said that, "the school board did not assumean affirmative duty to protect teachers and from students," and, in anotherthe same year, that "a board of education is not an insurer of itsstudents' safety" (Recent Developments," 1988, Winter, p. (1995, March).Mentally and emotionally disabled children in the classroom. (1995, Fall). The emphasis is on the publicschools through grade K-12. McNary-Keith. J., 16, 933-949. P. The more important law (in terms of its effects on school liabilityto third parties) is analyzed below. During the past 4 years, Congress, federalexecutive agencies and the federal courts have also intervened in thepublic school system to ensure more equal access of racial, gender andother minorities, including victims of sexual abuse and sexual harassmentand the disabled, to the public schools and their services. Good News/ Good Sports Club v. Reamey, G. Newman, J. T.L.O. Mary'sL. Des Moines School District. Drugtesting of school athletes have generally been upheld; however, recentlythe Supreme Court granted certiorari on a case in the 9th Circuit in whichthe federal court of appeal ruled that a school program for the random drugtesting of student athletes violated the Fourth Amendment (Bittle, Helms &Norton, 1995, Fall, p. The ACLU has takenLong Beach to court over the code (Gursky, 1996, March, pp. Education and the public trust. of Educ., 647 A.2d 15 (1994) in whichthe New Jersey Supreme Court found school censorship of reviews of X-ratedmovies in a student newspaper to be unconstitutional, Lovell v. court decisions havefirmly established that a child who is HIV positive and fits within CDC(Center for Disease Control) guidelines for an unrestricted setting shouldbe admitted to a regular classroom" (p. The Miller MiddletownSchool in Marshalltown, Iowa has successfully included students withdisabilities in its regular school program by using "co-teachering", oneregular teacher and one teacher trained in special education, in the sameclassroom (Brockett, 1995, April, pp. Hardaway (1995) criticizes these decisions as "representing a fairand well-intentioned policy [which] has been taken to an extreme" (p.3 ).Bartlett (1993) said the courts have been insensitive to the costsconstraints under which schools must operate (p. No more teachers' silly rules. 337; "Recent Developments,"199 , Spring, p. 49). Where immunity has been abolished, theschool board or school district can be held liable for its own negligenceor intentional torts, or they can be held vicariously (strictly) liable forthe negligence or intentional torts of their employees. F. (1993, Winter). Poway Unified Sch. (1995, Fall). Refining the 'expelled' Fourth amendmentand T.L.O. The Supreme Court opened the floodgatesfor school-related private actions by deciding in Monnell v. (1996, March). Board of Education in1954 that de facto racial segregation in the public school violated theEqual Protection Clause of the 14th Amendment to the Constitution, thefederal courts assumed primary responsibility for desegregating thenation's public schools. of Educ., 647 A.2d 15 (1994). Journal of Law and Education, 26, 69-8 . Journal of Law andEducation, 2 , 253-272. Kulmeier, 8 5 F.Supp. 3 ). The general rule isthat such students "must be educated in the least restrictive setting thatis appropriate for their needs" "and to the greatest extent possible, withnonhandicapped peers" (Murphy, 199 , p. Dist., 987 F.2d 231 (193), 15 F.3d 443, cert. 27). 178). To protect their publicschools and their officials and for other reasons, at least 38 states nowrequire students to pass competency tests in basic skills, and 16 statesrequire passage before graduation. State statutes insulating these bodies and officials fromcivil liability remain in effect in a number of states, especially in theSouth and Southwest. . When educational reformresults in educational discrimination: a case in point. Urban Lawyer, 393-412. Attempts bystudents disappointed with the results of their education to sue schoolsand teachers for educational malpractice have generally failed (Newman,199 , p. Mary's L. Dist., 987 F.2d 231 (1993), 15 F.3d 443,cert. Pryor, E. Some plaintiffs have argued with mixedsuccess that certain minorities fail such tests disproportionately becauseof the present effects of past discrimination (Pryor, 1985, p. (1995). Education and the law: cases and materials onpublic schools. Stucky v. 11 ). (1995, April). LEGAL LIABILITIES OF SCHOOL ADMINISTRATORS This research paper deals with the legal liabilities of schooladministrators, primarily school board superintendents, principals andassistant principals to third parties. J., 16, 281-298. Carlson, M. Journal of Law andEducation, 22, 27-6 . (1978). Teachers were regarded to be in loco parentis, to stand in the placeof a student's parents. M. Taylor Ind. & Riedel, T. Phi DeltaKappan, 76, 542-554. Student speech may,however, be limited if it would "substantially interfere with the work ofthe school or impinge on the rights of others" (Hardaway, 1995, p. New England L. Rossow, L. Economist, 31. . Journal of Law andEducation, 17, 299-344. As public concern over schoolviolence mounted, the courts treaded warily and generally upheld schooldisciplinary actions, provided that due process requirements were met andthe school acted in good faith (Shoemaker, 1995, p. Bittle, Helms & Norton (1995) say that "in recent yearsthere has been a dramatic increase of federal presence in local educationmanagement. EducationDigest, 61, 49-51. After Strickland was decided, Hazard (1978) said that"we need not be alarmist to predict that school discipline decisions willbe made cautiously, if at all" (p. 534). Brandishing the rod. 1624 (1995). Davison, M.D. Chmelynski, C. 1994) in which a schoolwas forced to reinstate a student it had expelled for stating that she wasgoing to shoot a teacher if she did not get a schedule change she had beenpromised, and GoodNews/Good Sports Club v. 396). America goes to school. (1988, Winter). Delatter, E. Special education of children with HIVinfection: standards and strategies for admission to the classroom. 361(D.Md. Clearview Bd. Urban Lawyer, 933-988. In most cases which imposed liability under state law, very seriousfailures of supervision were present, such as in the landmark case of Dailyv. Economic cost factors in providingappropriate public education for handicapped children. (1996, March). Lopez (1975) and Strickland v. 5 3 (1969). Rose, M. Ct. Tanner, D. Mass.1969), aff'd 424 F.2d 1281 (1st Cir. 1286). . Disabled and Handicapped Students Another current area of controversy and litigation relates to how farand at what cost the public schools must go to provide classroom access andspecial educational programs for the disabled and the handicapped underseveral federal statutes protecting these groups, the most of which is theIndividuals with Disabilities Education Act (IDEA). 449 (D. (1972). 57). 197 ). A number of court decisions eroded the power of school authorities tomaintain order and discipline. Equal protection and due process issues are raised by state statuteswhich identify 'at risk' groups requiring special educational attention andschool tracking systems under which students are given tests to determinetheir ability and achievement levels and then are assigned to a class withstudents of similar abilities. 46-48). Dress codes are in force in one third of Los Angeles'elementary schools and in other schools, such as Harlem's FrederickDouglass Academy, Dade County, Florida and Baltimore. M. New York: Macmillan. Mass 1969), aff'd 424 F.2d1281 (1st Cir. 449 (D. Bradford Area School District, 856 F.2d 594 (3d Cir. Sex and drugs and nutty schools. B. There have been a number of cases inwhich teachers and ex-teachers have challenged school actions as examplesof reverse discrimination (Davison, 1985, p. 15). (1995, Spring). (1994, Spring). Educational Reforms In the late 198 s and 199 s, demands for reform of the publiceducational system have gained impetus. Teachers were liable in negligence actions only fortheir proven failure to exercise due care, which was the proximate cause ofinjury. Gerstmyer v. & Roder, L. 525). Department ofPublic Services (1978) that Section 1983 applied to municipalities.According to Delatter (1988), the public schools have won "the overwhelmingmajority of decisions, but litigation still has many negative consequences"for them, including the need to carry expensive liability insurance (p.171). According to Murphy (199 ), " a series of . Recentdevelopments in public education. . (1995, Spring). Biculturalism After the Bilingual Education Act of 1968 provided federal fundingfor Limited English Proficiency children, the Supreme Court in Lau v.Nichols held that "a failure to provide students who did not understandEnglish with the same facilities, textbooks, teachers, curriculum as theirEnglish-speaking counterparts constituted unequal treatment" (Parsons &Jordan, 1994, Spring, p. Tougher discipline, safer schools.Education Digest, 62, 15-18. (1988). References Bartlett, L. Thurston, 3 4 F.Supp. Los Angeles School District. Kaufman, J. United States v. Twenty seven states deny school authorities the power to enforcediscipline by inflicting corporal punishment. 253; Walker& Roder, 1993, Spring, p. Alabama and Virginia have recentlyenacted statutes which grant immunity to teachers who use the paddle onstudents (Donohue, 1991, 13 January, pp. Dist., 847 F.Supp. 329). In the District of Columbia in 1994, violent incidentsin the public schools increased 2 percent and drug and alcohol relatedviolations of school policy increased 5 percent (Rossow, 1995, Fall, p.85). 393 U.S. Ct. Conclusion School officials have become subject to a myriad of legal liabilitiesto third parties, which has tended to rigidify the public educationalsystem and make their administrations even more cautious and conservativethan ever. Hardaway, R. Elliott, 29 F.3d 1526 (11th Cir. W. New York: Macmillan. Lane (1995, Spring) says that in general "studentshave not been successful in proving that school officials owe anaffirmative duty of protection that stems from the Constitution but havesucceeded in proving that a school maintained a practice, policy or customthat deprived them of their constitutional rights" (p. Recent developments in the law. Student competency testing in Texas. 7 (1994), where the Court found that he had taken reasonable actions when helearned of the reported sexual abuse of a student by a teacher, but theprincipal who had not taken such steps was held liable. Spivey v. Gursky, D. 6 ). Tinker v. denied, 115 S. One important result of these developments has been an avalanche ofconstitutional and other civil litigation usually begun by contingent feelawyers on behalf of students, parents and others which has fundamentallyaltered the legal framework within which the public schools operate. D. (1996, October 12). . Elliott, 29 F.3d 1526(11th Cir. T.L.O.: the SupremeCourt's lesson on school searches. (1995, winter). 'Spare the rod, spoil thechild' adherents have been able to preserve that authority in 24 states(Chmelynski, 1996, March, p. Ct. School Dist. Recent developments in the law. Plaintiffs have rarely succeeded in prevailing in actions aimed atholding schools or teachers liable for sports injuries or in casesinvolving injuries inflicted on students by teachers or vice-versa. Inglewood School District v. Lopez, 115 S. A number of states, such asTexas, have enacted new laws authorizing schools to expel or otherwiseremove to special schools students who chronically disrupt the classroom(Rose, 1996, October, p. Free Speech In a 1969 case, Tinker v. Thurston, 3 4 F.Supp. Doe (1988), the courts have rejected as inadequate school plansfor mainstreaming disabled or handicapped students into their classrooms orproviding alternative facilities for them. Hardaway (1995) says that"bilingual education imposes massive additional costs on the public schools. In the light of this history, Hardaway (1995) asks whether "publicschools are [required] to perform such a variety of social functions thattheir primary educational mission is jeopardized" (p. Walker, P.A. 78 (S.D. St. . 927). The U.S. 939). 24). 353; McNary-Keith, 1995, Winter, p.72). 1994), a federal court found that a state-run school for thedeaf had a duty to protect a deaf boy student from sexual assault by otherstudents. S. The student died fromhis exertions (Bartlett, 1992, Fall, p. Dist., 847 F.Supp. New York: Longman. (1996, October). M. In Richards v. 16). of Ladue, 28 F.3d 15 1 (8th Cir.1994) in which a school rule restricting to after 6 PM meetings on schoolproperty of a nondenominational Christian fellowship group was found tohave been an unconstitutional discrimination against the expression of thegroups right of free expression. Aids in public schools: resolved issuesand continuing controversy. Rev., 36, 337-343. Shoemaker, S. even in the teeth of countless studies . In determining the reasonablenessof school restrictions on speech, the federal courts have applied the"material substantial disruption" test, Inglewood School District v.Kulmeier, 8 5 F.Supp. Largely due to the effects of various forms offederal intervention in the public schools and the creation and enforcementof private federal causes of action against them, the task of schooladministration has become highly legally intensive and the relationshipbetween public school officials and students and parents has become muchmore adversarial. S. for realistic schools. 'Uniform improvement.' Education Digest,61, 46-48. T. Another active area involves law suits which havelargely forced the public schools to adopt intramural and interscholasticathletic programs for both sexes, at added cost. Independent School District:limiting liability under 42 U.S.C. 1994), a school which failed to provide within six months anindividualized plan for a handicapped child was liable to reimburse theparents for the costs of his education elsewhere. M. In a 1991 federal court casein Michigan, a federal court held that a school board had deprived astudent of his rights to due process by requiring him as punishment for aninfraction of a school rule to run a 35 -yard wind sprint. Howard County Public Schs., 85 F.Supp. According to Tanner (1972), the generalrule was that "school districts and municipalities are not liable for pupilinjury" (p. Federal funding to schools has increased; however, thatincrease has been accompanied by pervasive regulations and mandates forobtaining the money" (p. Urban Lawyer, 27, 85-89. America's teachers an introduction toeducators. 1983 which permits anyone whose constitutional rights have allegedlybeen violated by action taken under 'color of law' to recover money damagesand reasonable attorneys' fees from state officials and agenciesresponsible for such violations. Washington,D.C.: Ethics and Public Policy Center. 526). Unreasonable Searches and Seizures In the case of New Jersey. Hardaway (1995) adds that, "under current law apublic school that disciplines an individual [with a disability] orsuspends a violent student is likely to face a law suit" (p. Doe v. Donohue, J. Westport, CT:Praeger. Calif.1994). New Jersey v. Journal of Law andEducation, 24, 211-231. William andMary L. Bittle, E. H., Helms, L. Is paddling on the way back? (1992, Fall). 31). Richards v. Desiltes v. Traditionally, school board administrators werelargely insulated under state law from liability. & Norton, M. Carlson'scomment is that "it all makes you long for the time when parents usuallygave teachers the benefit of the doubt in disciplinary matters rather thanchallenging them on the grounds that little Johnny is perfect and any bloton his transcript will keep him out of Harvard" (p. Dress codes, which were originally upheld by state courts, fell intodisfavor in the 196 s. Since the 197 s, theliability exposure of school districts, school administrators and teachershas exponentially expanded. 1994). Taylor Ind.Sch. (199 , Fall). Iowa's inclusion infusion. (1988, Winter). of Ladue, 28 F.3d 15 1(8th Cir. In Stucky v.Bradford Area School District, 856 F.2d 594 (3d Cir. Lane, F. Wood (197 ), otherwisereasonable school disciplinary actions on the ground that the studentsinvolved had been denied procedural due process in that they had not beengiven proper notice of impending disciplinary actions nor had they had beenafforded a hearing. Aschool superintendent was granted partial immunity in Doe v. 4-5). The federal Goals 2 program, theupgrading of teacher standards, greater use of computers in the classroomand other programs abound. Rev., 25, 215-232. In a 1994 11th Circuit case, Spivey v. In Gerstmyer v. 175). St. 361 (D.Md.1994). At one time, public school administrators (but notteachers) were exempt from civil liability to students or others under thedoctrine of sovereign immunity. In the late 198 s and 199 s, the pendulum in publiceducation shifted to a concern over educational standards and greaterlocal, including greater parental, control over school decisions. Under a line of federal cases, beginning with the Supreme Court caseof Honig v. 3 2).School officials have considerable latitude in controlling studentexpression, especially in the class room. Lowell v. In the 197 s, the Supreme Court overturnedin two cases, Goss v. Murphy, M. Most states have laws making the possession or use of guns or otherweapons on school property a crime. Brockett, D. Introduction to symposium: Brown v.Board of Education after fifty years: confirming the promise. (1985), the Supreme Court heldthat the Fourth Amendment applies to searches and seizures of students'lockers and effects in which students were deemed to have a privacyinterest, but also that the school need only show that "reasonable groundsexist to believe that the search will uncover evidence of a violation ofcriminal law or school regulation," rather than the stricter probable causestandard that applies in criminal proceedings (Reamey, 1985, p. Des Moines School Dist., 393 U.S. PowayUnified Sch. 1988). ANational Crime Survey in 1991 found that there were nearly three millionincidents of school crime in grades K-1 through K-12. Thelatter trend has only served to complicate the legal position of schooladministrators. Kaufman, Lloyd, Baker andRiedel (1995, March) state that such mainstreaming approaches do not workwell for "all students with emotional or behavioral disorders" and arequite costly (p. In that case, a gym instructor allowed'slap boxing' to go on in his class, which resulted in the death by skullfracture of one of his students (Tanner, 1972, p. 263). Traditional Liability Exposure of School Administrators Traditionally, courts have been reluctant to interfere with theexercise of discretion by school districts, administrators and teachers,except in cases involving egregious abuses, a lack of good faith or otherviolations of state law. Bartlett, L. Section 1983. . (199 ). 584. EducationDigest, 6 , 29-31. School Dist. (1993, Spring). Liability for Sexual Abuse and Sexual Harassment Federal and state courts have held school officials and teachersliable to parents and/or students in a number of cases involving theirfailure to take reasonable steps to prevent sexual abuse or sexualharassment of students ("Recent Developments," 199 , Spring, p. Ct. 27). & Jordan, T. 5 3, 5 6(1969), the Supreme Court said that the First Amendment protection of freespeech and assembly applied to the public schools. 78 (S.D. 1988), a principal andan assistant principal were held liable for failing to protect a femalehigh school student from the sexual attentions of the school bandleader(Lane, 1995 Spring). v. (1985, January). School Discipline Generally Many public schools in America have become dangerous places. 88). Insofar as reforms bring into question theauthority of school districts and school officials to implement them,another area of liability exposure has opened up. A number of legalissues relate to the authority and liability of parents in their new schoolmanagement roles. Sch. (1986). Examples of recent cases in which federal andstate courts have invalidated school policies and actions in this areainclude Desiltes v. Creation of Federal Private Causes of Action After the Supreme Court decided in Brown v. In some cases, the courts have held thatwhile the offending teacher is liable for such acts, the school and itssenior officials are not unless the acts were reasonably foreseeable.School officials must not, however, callously disregard a student'sconstitutional right, his or her liberty interest in his or her bodilyintegrity protected by the Due Process Clause of the Fifth Amendment. Gender Discrimination Gender discrimination cases arise in a variety of contexts, somerelating to school actions not to hire, to discipline or to expel teachers,which is outside the scope of this paper. 216). 31). Parsons, L. Clearview Bd. Grandinetti, L. Urban Lawyer, 27, 897-941. Sexual misconduct of school employees:supervisory school officers' liability under Section 1983. v. 87). . If immunity is applicable, a plaintiffallegedly injured by school action can recover only from individualteachers or other school employees. 197 ), a federal district court struckdown a school hair code and stated: "length of hair as a source ofcontroversy in public schools should now, finally, grudgingly be laid torest" (Grandinetti, 199 , Fall, p. One year after one was reinstitutedat Long Beach (Cal.) Unified Schools, crime there was reported to havedeclined 36 percent. Time,27. In twoespecially silly cases, parents had to go to court in North Carolina andNew York to reverse school actions to expel and send home, respectively, asix and a seven year old, for kissing a student of the opposite sex ("Sexand drugs," 1996, 12 October, p. 1994). J. Recent developments in publiceducation law. 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