ERIC Number: ED203430
Record Type: Non-Journal
Publication Date: 1981
Reference Count: N/A
Liability of School Board Members.
Pell, Sarah W. J.
Chapter 9 of a book on school law traces court rulings concerning the liability of school board members. Political and governmental functions performed by school officers have generally been held immune from liability. In Wood v. Strickland, a school case, the U.S. Supreme Court held that while public officials are generally entitled to immunity from damages if they act in good faith, such immunity cannot be extended if the officials knew, or reasonably should have known, that their actions violated a constitutionally guaranteed right. The trend of Supreme Court holdings suggests increased vigilance over school board officials' activities in order to protect employees' constitutionally guaranteed rights. The substantive and procedural due process issues appear to be the most common types of constitutional violation. The issue of awarding damages in a liability hearing is still hotly debated. (Author/MLF)
Descriptors: Boards of Education, Civil Rights, Constitutional Law, Court Litigation, Elementary Secondary Education, Legal Responsibility, School Personnel, Torts
Not available separately; see EA 013 472.
Publication Type: Books; Information Analyses; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers - Laws, Policies, & Programs: Wood v Strickland