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Only one of those incidents is of a lawsuit against a teacher, the other two incidents are of a lawsuit against the families. And there is a very good reason f
by vivekd 10y ago
Only one of those incidents is of a lawsuit against a teacher, the other two incidents are of a lawsuit against the families. And there is a very good reason for this. There is state immunity granted to teachers and schools in that they cannot be sued for grossly negligent supervision that allows a stream of drugs, guns, knives and sex to flow into children under their care.
You can see it mentioned in your first article:
>her attorneys cite a state law that gives school districts and their employees immunity from liability if they make a good faith effort to report threats of violence.
so even if a student threatens violence, as long as the teacher reports it, there will no liability to her or the school even if they didn't do anything to stop the violence or supervise the children adequately. This statute is actually more lenient than other areas where it is complete immunity.
Now this immunity is limited to state actors and does not apply to private schools, churches or sports teams. And I believe that without these protections public schools would have been sued out of existence long ago for the horrible things constantly happening to children under their care.
- pavel_lishin 10y ago> as long as the teacher reports it, there will no liability to her or the school even if they didn't do anything to stop the violence I'm not sure what you expect a teacher to do. Break the student's arms? Search their bag, home, neighborhood for any guns and remove them? Duct-tape them to their desk and set a bucket underneath?
- vivekd 10y agoNo I just meant that under ordinary cirumstances, where there is no explicit threat made, there can be no legal liability on part of the school or teacher. And even when there is a threat made, so long as some report is made to her superiors (under the statute it's made reasonable attempts to report, not actually report and says report not call law enforcement or take steps like suspension or talking to the kid") there can be no legal liability. That's an extraordinary amount of protection from legal liability that private sector actors do not enjoy. In the private sector you can get sued for negligent supervision, and failing to act on threats can get you sued, you can't just say "I reported it to my supervisors" and leave it at that. I'm not faulting the teachers, I'm talking more about legal liability in terms of sovereign immunity which limits or negates the liability of states from lawsuits. http://usedulaw.com/340-immunity-educational-law.html http://usedulaw.com/340-immunity-educational-law.html