264 So. 3d 786
Miss. Ct. App.2018Background
- A.C., a 16-year-old special-education student with severe intellectual disability (Down Syndrome), was sexually engaged by another special-education student, T.H., in a school bathroom; rape kit confirmed the encounter.
- T.H., 19, had an IEP documenting behavioral problems including inappropriate touching; staff testified he was not to be left alone with other students and was typically dismissed early and monitored to keep him separate.
- On the incident day staff believed T.H. had entered his ROTC class before dismissing A.C. and others to art; surveillance showed A.C. and T.H. together on the second floor shortly before they entered the girls’ bathroom and were missing ~20 minutes.
- Plaintiffs (A.C.’s mother and grandmother) sued Jackson Public School District under the Mississippi Tort Claims Act alleging breach of ministerial duty to supervise and a failure to provide an escort; they argued additional duties arose from A.C.’s IEP and an alleged oral promise.
- The trial court (bench trial) found JPS owed the general ministerial duty to supervise but did not breach it, that the IEP contained no escort requirement, and that any alleged oral promise was void against the written IEP; the court entered judgment for JPS. Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether JPS breached a ministerial duty to supervise under Miss. Code §37-9-69 | JPS failed to supervise A.C.; escort required to protect her given disability and T.H.’s history | JPS took reasonable steps (early dismissal/monitoring) and owed no specific escort duty absent IEP term | No breach of general ministerial duty found; JPS acted reasonably |
| Whether A.C.’s IEP or an oral promise created a specific ministerial duty to escort | IEP (or prior oral promise) imposed an escort obligation; failure was contractual/ministerial breach | IEP contained no escort term; prior oral promises are void to vary a written IEP and were not proven | IEP did not require escort; oral promise cannot alter written IEP; no specific duty established |
| Whether school failed to minimize foreseeable risk from T.H. given known behavior | T.H.’s history made assault foreseeable; school should have provided closer supervision and alerted security | School reasonably minimized risk by dismissing T.H. early, watching him to class, and shadowing special-needs students initially | Trial court’s factual finding that steps were reasonable upheld; foreseeability insufficiently proven |
| Whether JPS failed to hold T.H. to “strict account” | Allowing T.H. to be unsupervised in halls showed failure to hold him to strict account | School used ordinary care and reasonable procedures to keep T.H. separate; staff and security had no cause to intervene | No evidence school failed to hold T.H. to strict account; finding affirmed |
Key Cases Cited
- Smith ex rel. Smith v. Leake Cty. Sch. Dist., 195 So.3d 771 (Miss. 2016) (MTCA waives immunity for ministerial duties; §37-9-69 imposes ministerial duty to supervise)
- Moss Point Sch. Dist. v. Stennis, 132 So.3d 1047 (Miss. 2014) (school must use ordinary care and take reasonable steps to minimize foreseeable risks)
- Summers ex rel. Dawson v. St. Andrew's Episcopal Sch. Inc., 759 So.2d 1203 (Miss. 2000) (school not insurer of pupil safety; duty is ordinary care under circumstances)
- Miss. Dep't of Pub. Safety v. Durn, 861 So.2d 990 (Miss. 2003) (appellate deference to trial court credibility findings in bench trials)
- Hayne v. The Doctors Co., 145 So.3d 1175 (Miss. 2014) (parol evidence rule: written contract cannot be varied by prior oral agreements)