Academic journal article Journal of Law and Education

Recent Decisions - PRIMARY AND SECONDARY EDUCATION

Academic journal article Journal of Law and Education

Recent Decisions - PRIMARY AND SECONDARY EDUCATION

Article excerpt

Newly Filed Cases

(Note: Cases filed AND decided since the prior issue are excluded from this section.)

DOCKET NO: 16-246

NAME: W.R. v. Ohio Dep't of Health

DATE FILED: 8/22/2016

CITATION: 85 U.S.L.W. 3079

DECISION BELOW: unpublished

DOCKET NO: 16-229

NAME: COPE v. Kan. State Bd. ofEduc.

DATE FILED: 8/16/2016

CITATION: 85 U.S.L.W. 3079

DECISION BELOW: 821 F.3d 1215

This review reports all Supreme Court activity in the area of education law from Aug. 1, 2016 through Oct. 30, 2016.

Torts

Administrators of students' estates and injured students sued school board, school district, board members, administrators and employees for negligence. A mentally unstable student from an alternative school entered a high school and fired shots, killing three students and injuring three others. Held: For the school board and employees in part, for the students' estates and injured students in part. Since the injuries were not cause by a physical defect on or within the school grounds, the board and employees were immune and could not be sued under R.C. 2744.02(B)(4); therefore, the claims were properly dismissed. However, the claims against the Administrators and employees were maintained because there were sufficient issues of material facts. Parmertor v. Chardon Local Sch., N.E.3d 942 (Ohio Ct. App. 2016).

Student injured attempting a break dancing flip in unsupervised classroom sued school district for negligence. A middle school teacher allowed his students to practice breakdancing in the classroom before school was in session. For periods of time, the teacher was not present in the classroom. During an unsupervised period, a student was injured while attempting a flip. Held: for the student. Because the students had been ordered not to perform flips and because the teacher violated the school policy by leaving the students unsupervised while engaged in a potentially dangerous activity, the student's suit should not have been dismissed. Jimenez v. Roseville City Sch. Dist., 202 Cal. Rptr. 3d 536 (Cal. Ct. App. 2016).

Faculty and Administration

Teaching assistant appealed judgment convicting her of endangering welfare of child. A teaching assistant was paired with a twelve-year-old special needs student. The teaching assistant grabbed student by the arm in the school building, and instructed her not to run away and to remain with her. Because of this, the teaching aid was convicted for endangering the welfare of a child. Held: For teaching assistant. The verdict convicting the teaching assistant of endangering the welfare of a child was against the weight of evidence. The People did not provide sufficient evidence that the teaching assistant acted knowingly in a manner that would likely be injurious to the student's physical, mental, or moral welfare. People v. Lawrence (Susan), 51 Mise.3d 55 (N.Y. App. Term 2016).

Former teacher fded suit against town, police chief school district, superintendent, medical center, and individual Doctors for violating his First Amendment rights and falsely arresting him. The teacher made comments to a friend that indicated he was mentally unstable. His friend reported those comments to the authorities which led to the police confiscating his weapons without a warrant. Also, the teacher was involuntarily committed to a medical center and discharged from his position as a teacher. The former teacher's primary claims were that the town violated his First Amendment protections against retaliation and that he was falsely arrested. Held: For the town, school district, and superintendent. The court found that the former teacher was unable to provide grounds upon which his claims rested through factual allegations. His First Amendment claim was implausible because he failed to show that the subject matter touched an area of public concern and warranted protection. Also, his actions provided the probable cause necessary to commit him. …

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