ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

Table 31
Failed Leadership--Negligence
Case Year State Action PP
Crossland v. Bensalem Township School Dist. 1983 PA T S
Benson v. Bellevue School Dist. 1985 WA D SPLIT
Foster v. Bd. of Elem. and Sec. Educ. 1985 LA R E
Bell v. Bd. of Educ. 1986 MO S S
Desoto Co. School Bd. v. Garrett 1987 MS NR E
Housley v. North Panola Consol. School Dist. 1987 MS NR S
Marcote v. Avoyelles Parish School Bd. 1987 LA T S
Bd. of Educ. v. Van Kast 1993 IL R E
Perry v. Houston Ind. School Dist. 1995 TX R S
Finch v. Fort Bend Ind. School Dist. 2003 TX R S
Smith v. Bullock Co. Bd. of Educ. 2004 AL T S
Flickinger v. Lebanon School Dist. 2006 PA T E
Floyd v. Amite Co. School Dist. 2009 MS T S
Simpson v. Holmes Co .Bd. of Educ. 2009 MS T S
The cases that make up Table 30 can be easily placed in two different arenas--persistent
negligence and egregious negligence. First, the cases where persistent negligence was evident
usually focused on two aspects: recordkeeping or specific duties. For example, in Marcote v.
Avoyelles Parish School Board (1987 La. App.), Board of Education v. Van Kast (1993 Ill.
App.), and Smith v. Bullock County Board of Education (2004 Ala. Civ. App.), administrators
failed to correct recordkeeping errors in school financial affairs and maintain them properly
following remediation efforts by the school system. Administrators were also classified as failed
leaders when they failed to uphold other duties or correct behaviors that had been formally
addressed by superiors as evidenced in Crossland v. Bensalem Township School District (1983
Pa. Commw.), Finch v. Fort Bend Independent School District (2003 U.S. App.), and Floyd v.
Amite County School District (2009 U.S. App.). In each of those cases, administrators had
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