Sovereign Immunity and the Private Holder of an Open-Enrollment Charter
Date
2003
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Texas Tech Journal of Texas Administrative Law
Abstract
This article offers an illustrative example of the issues presented by private charter school holders. It deals exclusively with Texas Educational Code § 12.1056. It explains who is granted immunity under § 12.1056, and how those individuals or entities are protected, and it looks prospectively at its application. It discusses common law immunity compared to statutory immunity for open-enrollment charter schools, Richardson v. McKnight and other analogous cases, liability for torts and § 1983 claims, and qualified immunity for torts.
Description
Keywords
Sovereign immunity, Open-enrollment, Administrative law, Public schools, Private schools, Education, 1983, Richardson v. McKnight, Charter schools, Constitutional torts, Section 12.1056, Torts
Citation
4 Tex. Tech J. Tex. Admin. L. 159