William Kritsonis, School Law, Ch 10 Liabilities Teachers

1
Legal Liabilities for Teachers and
SupervisorsWilliam Allan Kritsonis, PhD
2
Legal Liabilities for Teachers and
SupervisorsWilliam Allan Kritsonis, PhD
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Legal Liabilities for Teachers and Supervisors

• Can I be held liable?, is the question asked by
  educators more than others..

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Legal Liabilities for Teachers and Supervisors

• Legal liabilities can be seperated into two
  different distinct catagories, criminal law and
  civil law. Most civil cases involve a lawsuit
  brought by one person against another, usually
  seeking monotary damages.

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Legal Liabilities for Teachers and Supervisors

• All teachers and administrators have a legal and
  professional liability that are governed by the
  law of torts or civil law in relation to their
  duty of care for students. A tort is a wrong
  committed by one person against another.

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Legal Liabilities for Teachers and Supervisors

• Under Criminal law sovereign immunity is applied.
  Sovereign immunity is the doctrine that states
  the sovereign or state cannot commit a legal
  wrong and is immune from civil suit or criminal
  prosecution, the king (or queen) can do no wrong.
  Government entities, such as school districts and
  its employees, are immune from liabilities due to
  the doctrine of sovereign immunity.

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Legal Liabilities for Teachers and Supervisors

• Unless motor vehicles are involved, a school
  district and its employees are shielded by Texas
  law from tort liability. A clear cut example of
  the law shielding a district and its employee is
  seen in the 1978 Barr v. Bernhard case.

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Legal Liabilities for Teachers and Supervisors

• Public school professional employees are covered
  by a provision called qualified immunity which is
  provided by the Texas Education Code.

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Legal Liabilities for Teachers and Supervisors

• The specific provision, found at TEC 22.0511
  provides in part that a professional employee of
  a school district is not personally liable for
  any act that is incident to or within the scope
  of the duties of the employees position of
  employment and that involves the exercise of
  judgment or discretion on the part of the
  employee.

10
Legal Liabilities for Teachers and Supervisors

• Professional employees include superintendents,
  principals, teachers, subs, supervisors, social
  workers, counselors, nurses, student teachers,
  DPS certified bus drivers, school board members,
  teachers employed by a third party that contracts
  with the school district, and anyone else who is
  required to certification and an exercise of
  discretion.

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Legal Liabilities for Teachers and Supervisors

• When employees step outside of their protective
  zone they loose their immunity. The immunity
  conferred upon Texas public school employees by
  the qualified immunity statue is not automatic.
  Protection from civil liability is weakest when
  hands-on discipline is involved.

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Legal Liabilities for Teachers and Supervisors

• Federal lawsuits filed against school districts
  and their employees are referred to as Section
  1983 suits. This law was designed to protect the
  civil rights of citizens while providing a broad
  basis for litigation in federal court.

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Legal Liabilities for Teachers and Supervisors

• Section 1983 suits involve a charge of an abuse
  of governmental authority that deprives someone
  (teacher, student) of federally protected rights.
  

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Legal Liabilities for Teachers and Supervisors

• The rights can range from infringing upon a
  students rights of his Fourth Amendment to an
  employees First Amendment rights to speak as a
  citizen on matters of public concern

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Legal Liabilities for Teachers and Supervisors

• The law states that if a person making a
  decision is characterized as a policy-maker for
  the governmental entity, then that persons
  action is attributable to the governmental
  entity.

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Legal Liabilities for Teachers and Supervisors

• Another legal liability of employees and
  supervisors is the federal statutory law.
  Liability under federal statutory law of section
  22.0511 states that a professional employee of a
  school district is not personally liable for any
  act that is incident to or within the scope of
  the duties of the employees position of
  employment.

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Legal Liabilities for Teachers and Supervisors

• In conclusion, Texas public school educators are
  shielded by state law from tort suits as long as
  they are acting in the scope of their duties and
  are exercising discretion.

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Legal Liabilities for Teachers and Supervisors

• On the other hand, educators in Texas have no
  immunity from violations of criminal law. The
  professional employee is only vulnerable to
  damage suits in disciplinary matters or in the
  operation, use, or maintenance of a motor
  vehicle.

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Works Cited and References

• Alberta Teachers Association. Training in
  Liability Issues and
• its Potential for Enhancing Working
  Conditions. Retrieved April 12, 2008, from
  http//www.teachers.ab.ca/Templates/Secondary
• Page.aspx? NRMODEPublishedNRNO.
• Blank, S. (2006). Teachers' Rights,
  Responsibilities, and Legal Liabilities.
  Edmonton, CA Barnett House.
• Walsh, J., Kemerer, F., Maniotis, L. (2005).
  The Educator's Guide to Texas School Law (6th
  ed.). Austin University of Texas Press.