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ERIC Number: ED277154
Record Type: Non-Journal
Publication Date: 1985
Pages: 28
Abstractor: N/A
ISBN: ISBN-0-88364-107-0
ISSN: N/A
EISSN: N/A
Legal Liability of School Board Members. Revised Edition.
Leverett, E. Freeman
This booklet reviews a broad array of factors affecting the immunity of school board members from personal liability for the results of their official acts. Among the factors examined are the federal doctrine of limited immunity as it applies to state officials; the possible extension of absolute immunity to school boards; the conditions under which school boards as official bodies that are legally constituted "persons" may be liable for their actions (according to the findings of the United States Supreme Court in "Monell v. New York City Department of Social Services"); the extent to which neglecting to prevent the unconstitutional activities of others may make the board member liable; and legal waivers of state sovereign immunity. Also addressed are procedural considerations relating to court litigation in cases involving claims of immunity; special immunity in cases involving claims of libel or slander; and claims under state law. The booklet also considers the damages to which board members may be subject, notes interesting cases in which the immunity doctrine has been applied, and points out nine actions that boards can take to reduce or avoid liability. (PGD)
Publication Sales, National School Boards Association, 1680 Duke Street, Alexandria, VA 22314 ($7.00).
Publication Type: Information Analyses; Guides - Non-Classroom
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: National School Boards Association, Alexandria, VA. Council of School Attorneys.
Grant or Contract Numbers: N/A