ARIZONA STATE SENATE
Phoenix, Arizona
school teacher
protection act
Protects educational entities and their employees from liability stemming from actions taken by employees in the course of their 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. Teacher protection laws are in place in the states of Virginia and Oklahoma and other states such as New Hampshire and North Carolina are considering similar legislation.
The No Child Left Behind Act of 2001, signed by President Bush on January 8, 2002, includes teacher liability protections known as the Paul D. Coverdell Teacher Liability Protection Act of 2001. This federal legislation specifically preempts State law, except where State law provides additional protection from liability relating to teachers. The federal bill prohibits any teacher from being liable for harm caused by an act or omission on behalf of the school if the teacher acts within the scope of employment or responsibilities relating to providing educational services, subject to specified requirements and exceptions. Additionally, the legislation limits punitive damages and liability for non-economic loss.
The American Tort Reform Foundation (Foundation) aims at decreasing what it considers to be excessive court judgments and frivolous lawsuits. A 1999 national survey funded by the Foundation determined that many schools eliminate or alter programs and activities due to the fear of lawsuits against teachers. Some of these school programs or activities included physical education, drivers’ education, shop classes, dances, scouting and recess, according to the survey. Principals also reported that some schools banned all physical contact between students and teachers due to liability concerns.
The Foundation has drafted model legislation relating to teacher and principal protection measures. While S.B. 1074 is not identical to this model legislation, the bill incorporates similar tenets. S.B. 1074 protects educators from specific liabilities and attempts to protect school employees from false reports of criminal activity.
There is potentially a positive 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 control, grading, suspension, expulsion or discipline of students and the reporting to law enforcement or education officials of students’ suspected illegal activities. States no liability should ensue for making a report if the pupil is reasonably suspected of being:
a) Under alcoholic or controlled substance influence.
b) In possession of or involved in the sale or distribution of a firearm, alcoholic beverage or controlled substance.
2. Clarifies that immunity from liability related to control, grading suspension, expulsion or discipline of students is not provided if the action of the educational entity or its employee violates laws, rules or policies of the State or educational entity.
3. Relieves educational entities and employees from liability for punitive or exemplary damages for acts or omissions occurring within the scope of employment.
4. 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. Requires the Attorney General to impose the civil penalty and deposit collected civil penalties in the state general fund.
5. Permits a court 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.
6. Exempts from the penalties related to false reporting any statements regarding school board members, members of the State Board of Education or other state or locally elected education officials.
7. Stipulates this act does not limit the civil or criminal liability of persons who make false allegations of criminal activity against persons not covered under this act.
8. Requires, if an educational entity or its employees prevail in court under this act, the court to award reasonable attorney fees and other costs and fees to the educational entity or the employees or both.
9. Limits an attorney’s ability to collect a contingency fee in these cases to 25 percent of any civil judgment entered. Allows the court to impose a civil penalty of no less than $2,000 against an attorney who violates this limit and no more than the total amount of monies sought by the attorney for services rendered. Requires the court to deposit collected penalty monies in the state general fund.
10. Clarifies that an insurance policy indemnifying an educational entity or its employees against liability for damages does not constitute a waiver of any defense.
11. Defines “educational entity” and “employee.”
12. Provides for a general effective date.
Prepared by Senate Staff
February 4, 2002