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

Description: This dissertation examines the significance of the Kansas Tort Claims Act of 1979 on state of Kansas court decisions in litigation against Kansas school districts and their employees. Through providing a historical perspective of the adoption and abolishment of the doctrine of sovereign immunity in the United States, which subsequently led to the enactment of the Federal Tort Claims Act, and ultimately led to the Kansas Tort Claims Act, the researcher analyzes pertinent case law and scholarly commentary pertaining to school negligence litigation. The goal of the analysis is to answer the following research question: How have Kansas state courts interpreted the Kansas Tort Claims Act in litigation against state school districts and their employees? Although the KTCA provides citizens with a vehicle for redress against governmental entities by virtue of tort claims, the KTCA also provides immunities from liability for governmental entities and their employees under exceptions to the KTCA. Most notably, the discretionary function exception and the recreational use exception are two exceptions to liability applied in a significant number of tort cases against Kansas school districts and employees. The case law analysis provides explanations for the types of actions of negligence that Kansas courts have qualified for school district or school employee liability, and, when permitted, negligent actions that qualified for immunity under a KTCA exception to liability.
Date: May 2017
Creator: Perry, Shaun Patrick
Partner: UNT Libraries

School Consolidation Impact on State and Local Revenues and Expenditures in Texas

Description: This study examined financial aspects of the consolidation or annexation of 12 pairs of school districts in Texas during the period 1996-2006. Nine of the twelve districts consolidated by mutual agreement of the two school boards and three annexations were by order of the Commissioner of Education of Texas. Financial criteria studied were: a) per pupil expenditures, b) total state aid, c) transportation costs, d) administrative costs, e) school district "wealth" status, and f) facilities assets/liabilities. Each of the initial 24 independent school districts' criteria were collected for two years prior to consolidation and the 12 newly formed consolidated districts criteria were collected for the two years following consolidation. After consolidation, ten of the twelve districts had fewer than 1,000 students. Of the other two districts, one district had approximately 3,000 students and one large district had over 150,000 students. Some districts experienced increases in local expenditures relative to transportation, administrative costs and total expenditures while other districts decreased costs over time. Twelve non-consolidated districts with similar characteristics of the twelve consolidated districts were reviewed with the non-consolidated districts exhibiting increase and decrease fluctuations seen in the consolidated school districts. These findings suggested that each of the issues studied in public school finance need to be examined with more specific criteria in order to ascertain cause and effect relationships with regard to school consolidation financial impact on state and local revenues and expenditures.
Date: May 2011
Creator: Stewart, Marvin
Partner: UNT Libraries

A Legal Analysis of Litigation Against Oklahoma Educators and School Districts under the Oklahoma Governmental Tort Claims Act

Description: This dissertation analyzed public court decisions in cases against Oklahoma school districts and their employees involving sovereign immunity claims filed under Oklahoma's Governmental Tort Claims Act. The questions addressed were: (1) How have the Oklahoma courts interpreted the Governmental Tort Claims Act, (Okla. Stat. tit. 51 § 151 et seq.) in litigation against school districts and their employees? (2) What are the limits of immunity protection for Oklahoma school districts and their employees? (3) How has the statute of limitations in Okla. Stat. tit. 51 § 156 and Okla. Stat. tit. 51 § 157 been applied to Oklahoma educators in tort litigation? This dissertation utilized legal research as the methodology to answer the research questions. Chapter II provides a review of existing literature regarding sovereign immunity in the United States. Chapter III is a comprehensive study of Oklahoma sovereign immunity cases filed against Oklahoma school districts and educators under the Governmental Tort Claims Act with regard to negligence, corporal punishment and the statute of limitations. Chapter IV discusses the findings of the analysis of cases in Oklahoma and the amount of protection afforded to Oklahoma school districts and educators.
Date: May 2010
Creator: Lacefield, Kevin Lee
Partner: UNT Libraries

Networking of North and West Texas Superintendents

Description: This study examined the professional networking of North and West Texas public school superintendents. It looked at how these superintendents professionally network, use professional organizations in networking, and how they extend opportunities beyond the organizations to gain knowledge and information about their demanding and stressful responsibilities. Lastly, it looked at superintendents in the field on whom others rely for knowledge and understanding. Surveys were mailed out to 443 North and West Texas public schools. Only the superintendents from those districts were asked to complete the survey. This limitation was desired to restrict the population to only the superintendents of schools, thus focusing the study on the professional networking of only superintendents. Three hundred sixty (360) superintendents responded to the survey, a return rate of 81.3%. This research concluded that superintendents professionally network by communicating through monthly meetings, organizational conferences or meetings, or email. Their networks are facilitated through communication, contacts, location, longevity, and organizational associations. These organizations provide the superintendent's primary network contact. The number of contacts in a network is usually a small group of 5 to 9 professionals who are known from longevity in the profession, prior educational positions, similar district size, being located in or near a city, and other geographic neighbors.
Date: May 2010
Creator: Barber, Glenn E.
Partner: UNT Libraries

The School-Family-Community Partnership: A Superintendent's Perspective

Description: The purpose of this study was to describe, from a superintendent's perspective, the current status of school-family-community partnerships in North Texas school districts. A secondary purpose of this study was to allow the superintendents to express themselves in an open-ended format regarding factors that encourage and limit the development of these partnerships, as well as their three-year goals for creating successful partnerships in their districts. A review of the literature revealed that very limited research exists regarding the relationship between the school superintendent and the school-family-community partnership. This literature review focused on research related to the school-family-community partnership including its place in federal legislation, and a historical and current perspective of the school superintendency. The target population for this study included 156 superintendents from the two educational service centers that make up the Dallas/Fort-Worth Metroplex. This research study employed an online survey research methodology. The instrument used in this study was the Measure of School, Family, and Community Partnerships by Dr. Joyce Epstein of Johns Hopkins University. Participants were asked to respond to fifty-two items placed in the six categories that represent Dr. Epstein's six types of involvement. Superintendents were also asked to respond to open-ended questions regarding what they perceive to be major factors that contribute to and limit the success of their school districts' school-family-community partnership efforts and what their primary goals were for improving these partnerships over the next three years. An analysis of district size in relation to superintendent perceptions of their district's school-family-partnership practices yielded no significant partnership practices. An analysis of district accountability ratings in relation to superintendent perceptions of their district's school-family-partnership practices yielded seven significant partnership practices. Finally, an analysis of superintendent experience yielded four significant superintendent partnership practices. The major factors superintendents perceive as not only contributing to, but limiting the ...
Date: December 2006
Creator: Perry, Brant Patrick
Partner: UNT Libraries