Facts

This case involved three disabled students, ages 7-8, who were allegedly physically assaulted by two teachers at the elementary school in the defendant school district in 2003-2004. All three children were part of the same special education program where they were placed in a segregated classroom for severely disabled students. The alleged assaults consisted of slapping and pushing the children. One of the teachers was arrested for assault and pled "no contest" to two counts of violations of Penal Code Section 273(a).

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that a school district that instructs special education children takes on the unique responsibilities associated with this instruction and the special needs of these children.

There is a special relationship between the school district (including its employees) and its students, so as to impose an affirmative duty on the district/employees to take all reasonable steps to protect students from reasonably foreseeable risks of harm, including the intentional or criminal conduct of third parties. This special relationship gave rise to a duty of the school district to affirmatively take whatever reasonable steps were necessary to protect plaintiffs from harm.

The school district was entrusted with and responsible for the care and supervision of the young students at its elementary school. Instead of protecting the plaintiffs, the school district employed individuals who were unfit to supervise and interact with young students.

The school district breached the duty it owed to the three minor plaintiffs by failing to properly supervise the students and by failing to protect them from physical abuse by employees with a known propensity for engaging in inappropriate behavior with students.

DEFENDANT'S CONTENTIONS:
The school district contended that the action of its employees were not negligent or unreasonable and that the physical contact between the teachers and plaintiffs was necessary to control and restrain these severely disabled children who were sometimes a danger to themselves and others.

Injuries

Plaintiffs claimed emotional distress.

Result

The case settled for $550,000.