ARIZONA STATE SENATE
Phoenix, Arizona
school teacher protection
act
Protects educational entities and their employees from liability stemming from actions taken by the employee in the course of the employee’s duties and protects these employees from false reports of criminal activity.
Background
Teacher protection measures
seek to protect teachers, coaches and schools from litigation proceedings that
are later found to be without merit.
There are teacher protection laws in the States of Virginia and
Oklahoma, and other states such as New Hampshire and North Carolina are
currently considering similar legislation.
The American Tort Reform
Foundation sponsors forums aimed at decreasing excessive court judgments and
frivolous lawsuits. A 1999 national
survey funded by the Foundation determined that many schools eliminate or alter
the programs and activities due to the fear of lawsuits against teachers. Some of these school programs or activities
include physical education, driver’s education, shop classes, dances, scouting
and recess, according to the survey.
Principals also reported that some schools have banned all physical
contact between students and teachers due to liability concerns.
The American Tort Reform
Foundation has drafted model legislation relating to teacher and principal
protection measures. While S.B. 1261 is
not identical to this model legislation, the bill incorporates similar tenets. S.B. 1261 protects educators from specific
liabilities and protects school employees from false reports of criminal
activity.
There is no fiscal impact to
the state general fund associated with this bill.
Provisions
1. Excludes an educational entity and its employees from liability for actions including the grading and discipline of students, the use of corporal punishment that the employee believes is necessary and the reporting to law enforcement of illegal activities in which the pupil may be engaged.
2. Relieves educational entities and employees from liability for punitive or exemplary damages for acts or omissions occurring within the scope of employment.
3. Establishes a civil penalty of $2,000 for an adult who intentionally makes a false accusation of criminal activity to a law enforcement agency or an educational official.
4. Permits an educational entity to sanction, through expulsion, suspension or other means, any pupil between 7 and 17 years of age who intentionally makes a false accusation of criminal activity by an educational entity or its employee to a law enforcement agency or an educational official.
5. Exempts board members and other elected education officials from the penalties related to false reporting.
6. Requires if an educational entity or its employees prevail in court under this section, the court shall award reasonable attorney fees and other costs and fees to the educational entity or the employees or both.
7. Limits an attorney’s ability to collect a contingency fee in these cases to 25 percent of any civil judgment entered. Imposes a civil penalty of no less than $2,000 against an attorney who violates this limit.
8. Clarifies that an insurance policy indemnifying an educational entity or its employees against liability for damages does not constitute a waiver of any defense.
9. Defines “educational entity” and “employee.”
10. Provides for a general effective date.
Prepared by Senate Staff
January 31, 2001