A recent CNN article highlighted a tragic story about a thirteen year old special needs student who hanged himself in a "school seclusion room" designed to isolate and/or punish him. This "room," more akin to a prison cell, housed this child at least 15 times before he committed suicide.
If something like this happened in Ohio, the school district would enjoy 100% immunity from any liability. Under a 2003 "tort reform" law (lobbied for by insurance companies who insure schools), schools are generally not liable for ANY negligent act. Two exceptions are the negligent operation of a school bus or other school vehicle, and "physical defects" on school grounds--like a collapsing ceiling, for example. And that's about it.
Pretty scary stuff if you think about it. School seclusion rooms? Meet soverign immunity . Translated, it means "the King can do no wrong." But when immunity can breed this much irresponsibility, perhaps its better suited for reality show contestants rather than institutions and their insurance companies that don't deserve it...
If something like this happened in Ohio, the school district would enjoy 100% immunity from any liability. Under a 2003 "tort reform" law (lobbied for by insurance companies who insure schools), schools are generally not liable for ANY negligent act. Two exceptions are the negligent operation of a school bus or other school vehicle, and "physical defects" on school grounds--like a collapsing ceiling, for example. And that's about it.
Pretty scary stuff if you think about it. School seclusion rooms? Meet soverign immunity . Translated, it means "the King can do no wrong." But when immunity can breed this much irresponsibility, perhaps its better suited for reality show contestants rather than institutions and their insurance companies that don't deserve it...
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