Gambrill v. Bd. of Education, Dorchester Cnty.

Summary

The court held that the Coverdell Act does not preempt Maryland's statutory scheme permitting negligence suits against county school-board employees while requiring the board to be joined and to indemnify employees for negligence judgments. It further held that the educational-malpractice doctrine does not bar claims alleging negligent supervision and failure to protect a student from foreseeable assaults, because those claims do not challenge academic placement, curriculum, or pedagogical decisions. Because the record contained material factual disputes concerning notice, supervision, foreseeability, causation, and the student's alleged contributory negligence, the court reversed and remanded the summary judgment ruling.