FOR IMMEDIATE RELEASE December 15, 1998

CONTACT: John Sullivan of Mark Krausse PHONE: (916) 443-4900

Excessive Civil Litigation Hurts California Students

Civil litigation in California's public schools is costing the state school system tens of millions each year and depriving students of important education funds and opportunities, according to a study released Tuesday. The study was conducted by School Services of California - a consulting firm with clientele in every public school agency in the state - on behalf of the Civil Justice Association of California (CJAC).

Among the study's findings, which were based on data from more than 650 school districts, agencies, and insurance administrators, was that more than $80 million is spent each year in costs related to civil liability - draining schools of financial resources desperately needed in other crucial areas.

"While schools' activities inevitably result in some degree of legitimate liability, our schools find themselves "deep pocket" targets for the same kind of speculative lawsuits used to force settlements out of all kinds of defendants. But in the case of schools, ever dollar that goes to the lawyers who bring these suits is a dollar not going to our kids' education," said John Sullivan, Civil Justice Association of California president.

"Some items on the trial lawyers political agenda would make it easier to sue schools, administrators, and teachers. The Legislature will have to be careful not to unleash more overhead costs on schools at the very time when the public wants its representatives to focus on schools doing a better job for students," he said

The study found that terminating incompetent school employees can cost hundreds of thousands of dollars per case and take years to resolve, and school administrators even keep inadequate employees on the job for fear of legal reprisal.

Other information in the study:

• Children are being denied field trips, certain curriculum, playground equipment and even human contact for fear of litigation and its associated costs.

• Fewer than 1,200 librarians served the state's 8,000 schools between 1995 and 1998. The money diverted to litigation costs could have tripled that number.

• California schools employed fewer than 2,000 nurses to staff that state's 8,000 school sites. The money that went into litigation-related expenses could have more than doubled that number.

• Districts collectively received $153 million per year for instructional material, despite the need for more than $1.5 billion in new text books. Districts out-of-pocket liability expenses could have augmented this fund by more than half.

The report Civil Liability Litigation and California's Schools - Education Lost is available online from Civil Justice Association of California.