CHAPTER 9: Legal Aspects of Education employees have been found partially or wholly responsible for students’ injuries that a reasonable person should have been able to foresee. Teachers and administrators must be particularly vigilant to ensure that precautions are taken to ensure the safety of students with disabilities, such as sometimes assigning an aide to watch an autistic child with a history of wandering away.21 An important principle is whether the injury could have been foreseen and thus prevented. An overweight student expressed concern to her physical education teacher about a class requirement to perform a back somersault. The teacher insisted the somersault be done, and the student’s neck snapped in the attempt. The court said the teacher showed utter indifference to the student’s safety, and the jury awarded $77,000 in damages. Similarly, a high school student in an introductory chemistry class blew away his hand while completing an assignment to make gunpowder. The court ruled that the injury was foreseeable, and the teacher was negligent. Typically, courts will take into account the age and maturity of students, the degree of difficulty and inherent danger of activities, the proper use of protective devices, and related considerations in determining whether adults were negligent in not foreseeing the likelihood of injuries.22 School districts require parents to sign consent forms when students are involved in activities such as field trips or athletic competitions. The form generally has two purposes: (1) to inform parents of their children’s whereabouts and (2) to release school personnel from liability in case of injury. However, because parents cannot waive a child’s right to sue for damages if an injury occurs, these forms actually serve only the first purpose. Obtaining a parental waiver does not release teachers from their legal obligations to protect the safety and welfare of students. Recent decades have brought what some observers describe as an explosion in litigation related to liability and negligence. In addition, rather than accepting the exercise of reasonable precautions as a defense against negligence, recent judicial decisions have frequently emphasized “strict liability.” In this situation, teachers cannot be too careful, for negligence might occur in numerous school settings. Physical education instructors, counselors, sponsors of extracurricular activities, and shop and laboratory teachers must take special care. Prudent safeguards include a clear set of written rules, verbal warnings to students, regular inspection of equipment, adherence to state laws and district policies regarding hazardous activities, thoughtful planning, and diligent supervision.23 Catherine Ledner/Getty Images
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Photo 9.1 Teachers must try to foresee potentially dangerous situations and prevent injuries to their students.
Clark v. Furch, 567 S.W. 2d 457 (Mo. App. 1978); Benjamin Dowling-Sendor, “Friday Night Tragedy,” American School Board Journal (September 2004); “School Liability and Negligent Supervision of Children with Disabilities,” January 16, 2014, posting by Education Expert, available at www.education-expert.com; and Paris Achen, “Lawsuit Filed on Behalf of Injured Teen Gymnast,” The Columbian (February 10, 2015), available at www.columbian.com. 22 Landers v. School District No. 203, O’Fallon, 383 N.E. 2d 645 (Ill. App. Ct. 1978). See also Edwin C. Darden, “A Slippery Slope,” American School Board Journal (April 2007); Richard S. Vacca, “Student Safety,” CEPI Education Law Newsletter (February 2011), available at www.cepi.vcu .edu/publications/newsletters; and “Doe v New York Dept of Educ.,” May 7, 2014, posting by Justia US Law, available at www.law.justia.com. 23 Mark S. Kapocius, “Sound Advice,” American School Board Journal (March 2006); Richard S. Vacca, “The Duty of Care and Deliberate Indifference,” CEPI Education Law Newsletter (May 2014), available at www.cepi.vcu.edu/publications/newsletters; and “Proving Negligence or Breach of Statutory Duty,” 2015 posting by Lexis Nexis, available at www.lexisnexis.com. 21
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