Family sues district, alleges its failure to protect aide led to her death

The family of a special education assistant filed a lawsuit against a school district, alleging that the district's failure to protect her led to her death. The district denied that it was liable for the educator's death under applicable law and requested that the lawsuit be dismissed. The trial court agreed with the school district and dismissed the lawsuit; the family appealed to the court of appeals.

The special education assistant died from injuries she sustained during an attack by a special education student. The family argued that the district was liable for her death because it violated her constitutional rights by creating or enhancing a danger to her physical safety. 

In support of that argument, the family pointed out that that, three months before the fatal attack, the district's Admission, Review, and Dismissal Committee declined to move the student out of his classroom placement with the aide, even though he had attacked her and others prior to that time. 

The family also alleged that the ARD Committee made this decision: 

1. knowing that the student had punched and kicked teachers, including the aide, before; and
2. following an official school district policy that did not permit the ARD Committee to change the student's placement under these circumstances.

The court of appeals noted that, in order for the district to be liable under the applicable law, the family had to prove one of two things: 

1. that the policy that did not permit the ARD committee to change the student's placement was unconstitutional, or that
2. the district knew or was deliberately indifferent as to whether the policy would violate the aide's constitutional rights when the district adopted it. 

In this case, the court concluded that the family had failed to prove these elements. Therefore, it ruled that dismissal of the case was appropriate.