ERIC Number: ED188293
Record Type: RIE
Publication Date: 1980-Apr
Reference Count: 0
Legal Liability of Individual Board Members.
Leverett, E. Freeman
Twenty-five years ago, law suits seeking recovery against the individual resources of school board members were virtually unheard of. Now, personal judgments impacting upon the individual resources of board members are commonplace. The legal developments that have contributed to this rather sudden change of circumstances are explained in this paper. A number of court decisions are summarized that relate to the following issues: the background of personal liability of school board members; the federal doctrine of limited immunity as applied to state officials; the kinds of damages school board members are subject to; and, the kinds of cases where the right to a jury trial is guaranteed, where it is questionable, and where it does not exist. Two recent decisions of the Supreme Court are cited that offer the promise of an extension of absolute immunity to school boards in the exercise of their two most often used powers, legislative and quasijudicial. In addition, two recent decisions are cited that illustrate state laws governing negligence and libel. The final section consists of eight pointers in avoiding personal liability. (Author/MLF)
Publication Type: Legal/Legislative/Regulatory Materials; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers: Supreme Court
Note: Paper presented at the Annual Meeting of the National School Boards Association (40th, San Francisco, CA, April 19-22, 1980).