Sovereign Immunity and the Private Holder of an Open-Enrollment Charter

Date

2003

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