Gambrill v. Bd. of Education, Dorchester Cnty.

Summary

The Court of Appeals of Maryland held that the Coverdell Act does not preempt Maryland's statutory scheme governing negligence claims against county school-board employees because the federal statute protects against personal liability for damages rather than immunity from suit and expressly accommodates state laws imposing liability on the school entity. The Court also held that the educational-malpractice doctrine does not bar claims alleging negligent supervision and protection of a student from foreseeable physical harm. Because the record contained material factual disputes concerning supervision, foreseeability, causation, and the student's alleged contributory negligence or assumption of risk, the Court reversed and remanded.