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Friday, September 17, 2021

Teachers, school boards protected from negligent-discipline claims, Md. appeals court says

Neither Maryland public school teachers nor school boards can be sued based on allegations that their negligent handling of student misbehavior caused another student’s injuries, the state’s second highest court has ruled.

In a reported decision filed Tuesday, the Court of Special Appeals held that a 2001 federal law prevents teachers from being sued for their disciplinary decisions unless they acted with willful, reckless or criminal misconduct; gross negligence; or a “conscious, flagrant indifference” to the injured student’s rights.

In addition, Maryland case law barring claims against school boards for providing “negligent education” includes allegations of negligent student discipline, the appellate court held in its 3-0 ruling...

https://thedailyrecord.com/2021/09/08/teachers-school-boards-protected-from-negligent-discipline-claims-md-appeals-court-says/

The Court of Special Appeals rendered its decision in Brandon Gambrill et al. v. Board of Education of Dorchester County et al., No. 886, September Term 2019.

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