Limits the liability for certain professional employees of a school district. (8/15/10)
Impact
If enacted, SB 738 would effectively modify the existing framework concerning liability for professional school employees. This change is significant as it will reduce instances in which school staff can be held personally liable for decisions made in the course of their official duties, provided they adhere to the parameters set forth in the legislation. The bill reinforces the obligation of school boards to provide legal assistance and indemnification to employees sued by students or their representatives, preserving financial protections for educators against civil actions stemming from their professional conduct.
Summary
Senate Bill 738, also known as the School Employee Liability Limitation Act, aims to limit the civil liability of certain professional employees within school districts, including teachers, principals, and counselors. The bill proposes that these employees shall be immune from liability for acts performed within the scope of their employment that involve the exercise of judgment or discretion, unless their actions involve excessive force or willful negligence resulting in harm to students. The proposed legislation is designed to enhance the protections for school professionals as they perform their duties, thereby encouraging educators to make decisions that may involve an inherent risk of litigation without fear of personal liability.
Sentiment
The sentiment around SB 738 appears to be generally supportive among educators and administrative advocates who argue that the bill is necessary to protect teachers and other school professionals from frivolous lawsuits. Proponents argue that the legislation will encourage educators to enforce discipline and manage their classrooms effectively without fear of litigation. However, there may be concerns among some advocacy groups and parents regarding potential misuse of the immunity provisions, particularly regarding the threshold for excessive force and willful negligence, possibly complicating accountability in school settings.
Contention
Despite its intended protective measures, SB 738 raises important questions regarding accountability and the balance between protecting educators and ensuring student safety. Critics could argue that by limiting liability, the bill might inadvertently enable irresponsible behavior among educators in disciplinary situations, complicating the pursuit of justice for injured students. Additionally, the delineation of what constitutes 'excessive force' or 'willful negligence' could become a contentious point in court cases, leading to varying interpretations that may affect the actual outcomes of future disputes.
Relating to immunity from liability and suit for a public school or public school professional employee for and the prosecution of certain criminal conduct involving a student.
Requires any employer who exits the Parochial Employees' Retirement System of Louisiana to pay its portion of the liabilities. (7/1/10) (EN SEE ACTUARIAL NOTE APV)
Commending Dana Carey Representing The Lake Forest School District For Being Selected As Delaware's Behavioral Health Professional Of The Year For 2023 And Commending Each School District And Charter Network's Behavioral Health Professional Of The Year.
This Concurrent Resolution Commends The 2024 Delaware Behavioral Health Professional Of The Year, Shannon Gronau, And All Of The District/charter Network Behavioral Health Professionals Of The Year.
Commending Heather Hitchens Representing The Lake Forest School District For Being Selected As Delaware's Educational Support Professional Of The Year For 2023 And Commending Each School District And Charter Networks Educational Support Professional Of The Year.
This Concurrent Resolution Commends Jaclyn Durant, The 2025 Delaware Behavioral Health Professional Of The Year, And All The District/charter Network Behavioral Health Professionals Of The Year.