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Currently, the doctrine of immunity of school districts has been modified by legislation or case law in most states. However, the exceptions to the doctrine of immunity vary from state to state, making it extremely difficult to make generalizations about the kinds of tort actions that will be successful against school districts in various states. Immunity usually exists to the extent that the school’s or school board’s liability insurance does not cover the particular injury suffered (Schill, 1993, p. 1). This means that, in many states, state legislation or case law permits lawsuits against school districts but allows recovery only up to the limits of the school’s liability insurance (see Russo, 2018).

School-based practitioners must remember that they are state actors and district employees. As a result of a long history of negligence lawsuits against schools, school-based practitioners, like other school employees, have a legal duty to take steps to protect students from reasonably foreseeable risk of harm. This obligation extends to all students, not just student clients. Furthermore, school employment contracts often contain a provision whereby any act or failure to act that jeopardizes student health, safety, or welfare can result in the suspension or termination of employment. However, schools are not guarantors of student safety. Schools are not likely to be held liable when spontaneous, unforeseeable acts by students result in injury (Wood & Chestnutt, 1995; see, e.g., Kok v. Tacoma School District No. 10, 2013).