Does anyone know if in a negligent supervision case against a school district if it’s any kind of mitigating factor that there was not enough money for the school to hire more staff? (Fight broke out between students and there weren’t enough staff to prevent injuries. They would have had more stuff, but there was no budget for it.) Any thoughts? I know the school is held to the reasonable supervision standard. Is it possible they acted reasonably given the constraints of the limited budget?

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Constraints of budget shouldn’t matter. It’s what supervision reasonable was for the circumstances. We typically have an MIL re budget or funding constraints for state agency cases to preclude letting that entity off the hook. Here, it’s a self inflicted excuse that can’t be used to wiggle an entity from liability. In fact, it seems like this staffing shortage and blaming it for the student injuries is an implicit admission that the supervision was substandard and helps establish the negligence.


💯 on the implicit admission

Have you tried checking case law for your jurisdiction?


Depends whether the teacher knows you’re asking the internet for help on your homework


If I were OC I would argue that the school’s inability to budget properly and their poor decision to allocate funds in the areas they did rather than staffing, is not a mitigating factor.
Side note: When we post these questions with a bit of extra identifying details, are we concerned that the OC might happen to be on FB? Or is the hope that the bowl is big enough that our post just gets lost in it.


I’m wary but also as a school district attorney statewide, this is not an uncommon fact pattern


Suppose no teachers or staff were around when a fight broke out after classes ended in the common area

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