The article has been updated successfully.Can a Montana school district be sued in negligence for educational malpractice?
In response to the first part of your question -- yes, a school district can be sued. The Montana Constitution provides that "the state, counties, cities, towns, and all other local governmental entities shall have no immunity from suit for injury to a person or property, except as may be specifically provided by law by a 2/3 vote of each house of the legislature." Montana Constitution, Article II, Section 18. A local school district is a "local government entity." Montana statutory law recognizes the Constitutional waiver of sovereign immunity by providing "Every governmental entity is subject to liability for its torts and those of its employees acting within the scope of their employment or duties whether arising out of a governmental or proprietary function except as specifically provided by the legislature under Article II, section 18, of The Constitution of the State of Montana." Mont. Code Ann. Sec. §2-9-102 However, Montana law provides a limit to a school district's liability. "The state, a county, municipality, taxing district, or any other political subdivision of the state is not liable in tort action for damages suffered as a result of an act or omission of an officer, agent, or employee of that entity in excess of $750,000 for each claim and $1.5 million for each occurrence." Mont. Code Ann. §2-9-108(1).In response to the second part of your question concerning the tort of educational malpractice, Montana law does not recognize that tort. In Bindrim v. University of Montana, 235 Mont. 199, 766 P.2d 861(1988), the Montana Supreme Court determined that there was no legal or factual basis for a claim of educational malpractice. A Montana District Court recently concluded that in Montana, "there is no cause of action in negligence or educational malpractice against a college or its agents, for a person who claims to have been inadequately educated." Furlong v. Carroll College, Montana First Judicial District Court, Cause No. BDV 99-518 (May 22, 2001). This rule also applies to Montana's elementary and high schools. B.M. v. State, 200 Mont. 58, 649 P.2d 425 (1982). Therefore, although a school district may be sued, a suit for educational malpractice will likely not succeed.
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Last Updated
8th of February, 2010
