Legal & Ethical Guide - Negligence by Michael McCarthy https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt A look at negligence and sovereign immunity. en-us 2021-07-17 00:41:15 UTC 2025-11-07 17:06:31 UTC hello@padlet.com Slide 1 - Professional Perspective/Audience/Topic mmccarthy122 https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653070775 As a candidate for principal as instructional leader, I am seeking out a position that includes managing several people and processes with potential legal liability. Negligence, which involves the failure to use reasonable care to avoid causing harm to someone, is the most com-mon in the educational setting (Walsh et al., 2014). It is vital that a principal ensure all staff know their duties and perform them as required to prevent injury to a student. I chose this topic because I understand the gravity of this position and completing further research will help me have a safe campus for everyone on it.


Reference:
Walsh, J., Maniotis, L., & Kemerer, F. R. (2014). The Educator’s Guide to Texas School Law (8th ed.). University of Texas Press. http://web.b.ebscohost.com.easydb.angelo.edu/ehost/ebookviewer/ebook/bmxlYmtfXzgxNDkxN19fQU41?sid=8d6e7114-f77a-47aa-9db9-a86f9399d20b%40sessionmgr101&vid=0&format=EB&rid=1#

]]> 2021-07-17 00:43:12 UTC https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653070775 Slide 2 - Interview mmccarthy122 https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653070960 Summary about negligence in education.

What are your thoughts about negligence?  Well, negligence is where someone neglects to do their job to the point that someone gets hurt. One of the main sad mottos you may hear is "get them in, get them fed and get them home safe" and that may unfortunately be true on some days because while education is what is considered our top priority, student safety is really tied with it. 

What are some of the trends you see in negligence?
Well unfortunately most of the time it is an improper relationship with a student. ]]> 2021-07-17 00:43:37 UTC https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653070960 Slide 3 - Professional Association mmccarthy122 https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653071501 Negligence cases in education have traditionally been centered around student safety. So the schools did not have any potential liability if students were uneducated. That could potentially change now that there are agreed upon standards in place.

Citation:  American Association of School Administrators. (n.d.). A crack in the educational malpractice wall. ]]> 2021-07-17 00:45:12 UTC https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653071501 Slide 4 - Current News Article mmccarthy122 https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653072991 2021-07-17 00:49:21 UTC https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653072991 Slide 5 - Current News Article mmccarthy122 https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653073074 2021-07-17 00:49:33 UTC https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653073074 Slide 6 - Original Source of Law mmccarthy122 https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653080986 Constitutional Law
Citation: Tex. Const. §101.021
  • Establishes that government employees are immune from liability when something happens during the course of them performing their duties. 
  • The exceptions are when operating a motor vehicle or when negligent in their duties.
]]> 2021-07-17 01:09:49 UTC https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653080986 Slide 7 - Original Source of Law mmccarthy122 https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653081097 Statutory Law
Citation: TEC §22.0511 
  • Establishes a professionals, including educators, immunity from liability when performing their duties. 
  • An exception is stated when the professional was operating a motor vehicle or negligent of those duties.
Link: 
]]> 2021-07-17 01:10:04 UTC https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653081097 Slide 8 - Original Source of Law mmccarthy122 https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653081176 Judicial
Citation:  Barr v. Bernhard, 562 S.W. 2d 844 (Tex. 1978).
  • Landmark case that was the first time a school was sued for negligence after immunity laws were enacted. 
  • Established that the school was not liable for negligence as they were performing their governmental duties. 
]]> 2021-07-17 01:10:16 UTC https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653081176 Slide 9 - Original Source of Law mmccarthy122 https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653081278 Administrative
Citation: Tex. Ed. Agency.  §241. (g)
  • Implements policies that encourage staff to comply with Educators Code of Ethics.
  • Models exemplar behavior in many capacities for students and staff alike.
  • Ensures reports of educator misconduct are handled appropriately so investigations can be conducted.
]]> 2021-07-17 01:10:32 UTC https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653081278 Slide 10 - Local Policy mmccarthy122 https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653081510 This is the local policy for immunity from San Angelo ISD. Their policy incorporates federal and state law with court decisions. This policy clearly states that negligent behavior is not immune from legal liability.
Citation: Employee Rights and Privileges. San Angelo ISD (2016).
Link:]]> 2021-07-17 01:11:05 UTC https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653081510 Slide 11 - Ethical Principle mmccarthy122 https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653081646 The Texas Educator Code of Ethics lies within the Texas Administrative Code. Within the code of ethics is clearly stated that educators must not neglect their duties. 
Citation: TAC §247.2 (3)(e)3.5
Link:]]> 2021-07-17 01:11:27 UTC https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653081646 Slide 12 - Personal Connection to Legal & Ethical Standards mmccarthy122 https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653081858 The code says an educator cannot intentionally or knowingly neglect a student. That part is not something I would worry about myself doing however, the recklessly part seems to open up a teachers judgement to interpretation. For example, if a teacher is circulating a middle school room with their back to students that is not safe but is that reckless? Knowing that teachers have immunity from liability while carrying out their duties helps me feel more at ease. However, teachers can still be held liable if they are found to be negligent and I read cases that were not intentional harm but still negligent. This impacts me greatly as I know I am expected to act professionally and with the greatest care in loco parentis. ]]> 2021-07-17 01:11:56 UTC https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653081858 Slide 13 - Recommendations/Best Practices mmccarthy122 https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653082153 Ensure all required compliance training is completed each year.

Ensure all staff are surveyed on potential gaps in training they may need such as how to appropriately apply student accommodations. 

Ensure staff only communicate with students through official district instruments like the Remind app or schoology platform.

Ensure all laws and policies are followed regarding search and seizure when conducting any search for controlled substances.

Ensure staff are trained for duty and are at all duty positions at required times.

Ensure the campus buildings and facilities are well maintained and up to codes. 

Ensure staff know how and when to report suspected abuse. ]]> 2021-07-17 01:12:43 UTC https://padlet.com/mmccarthy122/mta7nm88rq3rc2xt/wish/1653082153