Degree Discipline

California Public Schools and Employees' Negligence of Supervision on School Property (open access)

California Public Schools and Employees' Negligence of Supervision on School Property

We live in a culture where school systems are accused of being negligent or at fault for any undesired outcome. This can leave school districts and their employees anxious about potential consequences, regardless if the negligent claim is warranted or not. Therefore, there is a need for all educators to understand their responsibilities to provide a safe learning environment, and this may look different from state to state across the United States. The purpose of this study was to analyze how California state courts have interpreted the concept of sovereign immunity and tort claims filed against California public-school districts and their public-school employees related to negligence of supervision on school grounds. This legal research case study design was guided by the following research question: what are the exceptions to sovereign immunity regarding negligence related to the supervision of students as required by California statute? This study analyzed twelve various cases of California public-school districts and employees involving negligence in supervision claims on school grounds after the 1963 California Tort Claims Act was enacted. Based on the issue, rule, application, and conclusion of the twelve cases, eight were ruled in favor of the plaintiff or appellant, and four cases had final …
Date: December 2023
Creator: Gonzales, Manuel Salas
System: The UNT Digital Library
An Analysis of Litigation against North Carolina Educators and School Districts under the North Carolina Tort Claims Act (open access)

An Analysis of Litigation against North Carolina Educators and School Districts under the North Carolina Tort Claims Act

This dissertation discussed the impact of the North Carolina Tort Claims Act and the history of governmental immunity that has protected school districts and school employees in North Carolina. The research question addressed was: how have North Carolina state courts interpreted the North Carolina Tort Claims Act in litigation against North Carolina school districts and their employees? The North Carolina Tort Claims Act provided citizens with a vehicle to sue local governmental agencies and their employees, such as school employees. The act also provided immunity for schools, especially for excessive damages in the case of negligence by an employee. The study examined how state courts have responded to different plaintiffs since the passage of the North Carolina Tort Claims Act in 1951. The decisions in the cases analyzed have been mostly favorable to schools, which has strengthened immunity for school employees. There were four legal aspects addressed by the courts after the passage of the North Carolina Tort Claims Act either most frequently or were unique to the case law of North Carolina. Those legal aspects were tests of school districts' governmental immunity; contributory negligence on the part of the plaintiff; the official capacity of school employees in lawsuits; and …
Date: December 2023
Creator: Harned, Jason Douglas
System: The UNT Digital Library