ERIC Number: ED471823
Record Type: RIE
Publication Date: 2002
Understanding and Limiting School Board Member Liability.
Hodges, Terry; Jones, Stephanie; Purvis, Mary L.; Rubin, David B.; Thrasher, Doralee; Underwood, Julie; Watkins, W. David
This book is a primer on board-member liability issues and is intended for both board members and school attorneys. The first chapter, "The Legal System," examines federal sources of legal authority, state and local sources of legal authority, and federal and state judicial structures. Liability under state tort law is the subject of chapter 2, which includes sections on basic tort principles, personal liability of school board members, liability for injury, sexual abuse, and other concerns. Chapter 3 discusses the Section 1983 claim that prohibits the deprivation of any rights, privileges, or immunities secured by the Constitution and laws. The chapter describes basic elements of the law, remedies for successful claimants, common Section 1983 claims, and "nonconstitutional" Section 1983 claims. Chapter 4 outlines some of the legal defenses against liability, including procedural defenses, substantive defenses, and statutory or common-law defenses. The last chapter, "Minimizing Liability," discusses the need to develop a coherent plan that lessens the risk of a district being sued. These prevention measures include adopting and implementing sound policies, securing legal advice on policies, training everyone in the district, investigating complaints against the district, securing appropriate insurance, and formulating a course of action should the school board become the target of a suit. (RJM)
Descriptors: Accountability, Boards of Education, Civil Law, Court Litigation, Educational Administration, Educational Legislation, Educational Malpractice, Elementary Secondary Education, Laws, Legal Responsibility
National School Boards Association, 1680 Duke Street, Alexandria, VA 22314 (Stock No. 06-187-W: members, $12; nonmembers, $15; plus postage and handling). Tel: 703-838-6722; Fax: 703.838.7590; e-mail: firstname.lastname@example.org; Web site: http://www.nsba.org/cosa.
Publication Type: Guides - Non-Classroom
Education Level: N/A
Authoring Institution: National School Boards Association, Alexandria, VA. Council of School Attorneys.