Did you know?

 Did You Know?

 

That a 2001 federal statue known as the “educational malpractice doctrine”, immunizes school boards from being sued for failing to provide a quality education for the children in its district.  Yep, school districts can do a poor job of educating kids and they are protected. Unless of course, they lose an election in a district where school board members are elected.

Up until now, it had been assumed that this doctrine also protected school boards from a lawsuit involving negligent supervision.   Not so, said the Maryland Court of Appeals in an unanimous ruling.  Parents of a child in a Dorchester County middle school alleged that the school failed to control unruly students and as a consequence their daughter suffered multiple concussions.  

A County Circuit judge said the school district was protected from such a law suit by the educational malpractice doctrine.  The Intermediate Court of Appeals agreed.

Nope, said the State’s highest court.  It said that the act prevented teachers from being held financially liable for their actions but does not protect them from being sued and found to be negligent in their duties.

The Court ruling supersedes the federal statute.

The Court of Appeals added that school boards cannot use the educational malpractice doctrine to defend themselves against negligent supervision claims.  The Court said that the family’s suit was about supervision of students and not about educational programs or academic decisions; therefore, the prohibition against educational practice did not apply in this instance.  The Court further limited the scope of the educational malpractice doctrine to curriculum  and related matters.   The Court said that judges do not serve as boards of education but do deal with matters of negligence. 

In this case, the teachers and the school board failed to protect the child from physical and verbal assault by at least six students resulting in two concussions.

In an era of limited suspensions, children’s safety and protection should not need families to go to court.