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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2010
SENATE BILL NO. 738
BY SENATOR APPEL
LIABILITY. Limits the liability for certain professional employees of a school district.
(8/15/10)
AN ACT1
To enact R.S. 9:2798.6, relative to civil liability; to provide for a limitation of liability for2
certain professional employees of a school district; to provide for prohibitions; to3
provide for definitions, terms and conditions; and to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 9:2798.6 is hereby enacted to read as follows: 6
ยง2798.6. Limitation of liability for certain school professionals7
A. A professional employee of a school district is immune from liability8
for any act that is incident to or within the scope of the duties of the employee's9
position of employment, and that involves the exercise of judgment or discretion10
on the part of the employee, except in all of the following circumstances:11
(1) The professional employee uses excessive force in the discipline of a12
student.13
(2) The professional employee acts in a negligent manner which is14
willful and wanton and such action results in bodily injury to a student.15
B. This Section does not apply to the operation, use, or maintenance of16
a motor vehicle.17 SB NO. 738
SLS 10RS-1745 ORIGINAL
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
C. Nothing herein shall be construed in any manner to limit any1
immunity, afforded, to a school employee under the Paul D. Coverdell Teacher2
Protection Act of 2001, (20 U.S.C. 6731 et seq.), as amended.3
D. A school district may not by policy, contract, or administrative4
directive do any of the following:5
(1) Require a professional employee of a school district to waive6
immunity from liability for an act for which the employee is immune from7
liability pursuant to this Section.8
(2) Require a professional employee of a school district, who acts in good9
faith, to pay for or replace property belonging to a student or other person that10
is or was in the possession of the employee because of an act that is incident to11
or within the scope of the duties of the employee's position of employment.12
E. For purposes of this Section, "a professional employee of a school13
district" shall mean any teacher, principal, or school counselor.14
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Carla S. Roberts.
DIGEST
Present law provides that, should any public school employee be sued for damages by any
student or anyone acting on behalf of the student, then it shall be the obligation of the school
board to provide such defendant with an attorney and to cover attorney fees for the
presentation.
Present law provides that, should any employee be cast in judgment for damages in such
suit, it shall be the obligation of the school board employing the defendant school employee
to indemnify the employee.
Proposed law adds that a professional employee of a school district is immune from liability
for any act that is incident to or within the scope of the duties of the employee's position of
employment and that involves the exercise of judgment or discretion on the part of the
employee, except in all of the following circumstances:
(1)The professional employee uses excessive force in the discipline of a student.
(2)The professional employee acts in a negligent manner which is willful and wanton
and such action results in bodily injury to students.
Proposed law does not apply to the operation, use, or maintenance of any motor vehicle.
Proposed law provides that nothing in proposed law is intended to limit the protection and
immunity afforded to any school employee under federal law, pursuant to the Paul D. SB NO. 738
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Coverdell Teacher Protection Act of 2001.
Proposed law provides that a school district may not by policy, contract, or administrative
directive do any of the following:
(1)Require a professional employee of a school district to waive immunity from liability
for an act for which the employee is immune from liability pursuant to the proposed
law.
(2)Require a professional employee of a school district, who acts in good faith, to pay
for or replace property belonging to a student or other person that is or was in the
possession of the employee because of an act that is incident to or within the scope
of the duties of the employee's position of employment.
Proposed law defines "a professional employee of a school district" to mean any teacher,
principal, or school counselor.
Effective August 15, 2010.
(Adds R.S. 9:2798.6)