[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1721 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1721

      To provide protection for teachers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 13, 1999

 Mr. Coverdell introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
      To provide protection for teachers, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Teacher Liability Protection Act of 
1999''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress makes the following findings:
            (1) The ability of teachers, principals and other school 
        professionals to teach, inspire and shape the intellect of our 
        Nation's elementary and secondary school students is deterred 
        and hindered by frivolous lawsuits and litigation.
            (2) Each year more and more teachers, principals and other 
        school professionals face lawsuits for actions undertaken as 
        part of their duties to provide millions of school children 
        quality educational opportunities.
            (3) Too many teachers, principals and other school 
        professionals face increasingly severe and random acts of 
        violence in the classroom and in schools.
            (4) Providing teachers, principals and other school 
        professionals a safe and secure environment is an important 
        part of the effort to improve and expand educational 
        opportunities.
            (5) Clarifying and limiting the liability of teachers, 
        principals and other school professionals who undertake 
        reasonable actions to maintain order, discipline and an 
        appropriate educational environment is an appropriate subject 
        of Federal legislation because--
                    (A) the national scope of the problems created by 
                the legitimate fears of teachers, principals and other 
                school professionals about frivolous, arbitrary or 
                capricious lawsuits against teachers; and
                    (B) millions of children and their families across 
                the Nation depend on teachers, principals and other 
                school professionals for the intellectual development 
                of the children.
    (b) Purpose.--The purpose of this Act is to provide teachers, 
principals and other school professionals the tools they need to 
undertake reasonable actions to maintain order, discipline and an 
appropriate educational environment.

SEC. 3. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.

    (a) Preemption.--This Act preempts the laws of any State to the 
extent that such laws are inconsistent with this Act, except that this 
Act shall not preempt any State law that provides additional protection 
from liability relating to teachers.
    (b) Election of State Regarding Nonapplicability.--This Act shall 
not apply to any civil action in a State court against a teacher in 
which all parties are citizens of the State if such State enacts a 
statute in accordance with State requirements for enacting 
legislation--
            (1) citing the authority of this subsection;
            (2) declaring the election of such State that this Act 
        shall not apply, as of a date certain, to such civil action in 
        the State; and
            (3) containing no other provisions.

 SEC. 4. LIMITATION ON LIABILITY FOR TEACHERS.

    (a) Liability Protection for Teachers.--Except as provided in 
subsections (b) and (c), no teacher in a school shall be liable for 
harm caused by an act or omission of the teacher on behalf of the 
school if--
            (1) the teacher was acting within the scope of the 
        teacher's employment or responsibilities related to providing 
        educational services;
            (2) the actions of the teacher were carried out in 
        conformity with local, State, or Federal laws, rules or 
        regulations in furtherance of efforts to control, discipline, 
        expel, or suspend a student or maintain order or control in the 
        classroom or school;
            (3) if appropriate or required, the teacher was properly 
        licensed, certified, or authorized by the appropriate 
        authorities for the activities or practice in the State in 
        which the harm occurred, where the activities were or practice 
        was undertaken within the scope of the teacher's 
        responsibilities;
            (4) the harm was not caused by willful or criminal 
        misconduct, gross negligence, reckless misconduct, or a 
        conscious, flagrant indifference to the rights or safety of the 
        individual harmed by the teacher; and
            (5) the harm was not caused by the teacher operating a 
        motor vehicle, vessel, aircraft, or other vehicle for which the 
        State requires the operator or the owner of the vehicle, craft, 
        or vessel to--
                    (A) possess an operator's license; or
                    (B) maintain insurance.
    (b) Concerning Responsibility of Teachers to Schools and 
Governmental Entities.--Nothing in this section shall be construed to 
affect any civil action brought by any school or any governmental 
entity against any teacher of such school.
    (c) Exceptions to Teacher Liability Protection.--If the laws of a 
State limit teacher liability subject to one or more of the following 
conditions, such conditions shall not be construed as inconsistent with 
this section:
            (1) A State law that requires a school or governmental 
        entity to adhere to risk management procedures, including 
        mandatory training of teachers.
            (2) A State law that makes the school or governmental 
        entity liable for the acts or omissions of its teachers to the 
        same extent as an employer is liable for the acts or omissions 
        of its employees.
            (3) A State law that makes a limitation of liability 
        inapplicable if the civil action was brought by an officer of a 
        State or local government pursuant to State or local law.
    (d) Limitation on Punitive Damages Based on the Actions of 
Teachers.--
            (1) General rule.--Punitive damages may not be awarded 
        against a teacher in an action brought for harm based on the 
        action of a teacher acting within the scope of the teacher's 
        responsibilities to a school or governmental entity unless the 
        claimant establishes by clear and convincing evidence that the 
        harm was proximately caused by an action of such teacher which 
        constitutes willful or criminal misconduct, or a conscious, 
        flagrant indifference to the rights or safety of the individual 
        harmed.
            (2) Construction.--Paragraph (1) does not create a cause of 
        action for punitive damages and does not preempt or supersede 
        any Federal or State law to the extent that such law would 
        further limit the award of punitive damages.
    (e) Exceptions to Limitations on Liability.--
            (1) In general.--The limitations on the liability of a 
        teacher under this Act shall not apply to any misconduct that--
                    (A) constitutes a crime of violence (as that term 
                is defined in section 16 of title 18, United States 
                Code) or act of international terrorism (as that term 
                is defined in section 2331 of title 18, United States 
                Code) for which the defendant has been convicted in any 
                court;
                    (B) involves a sexual offense, as defined by 
                applicable State law, for which the defendant has been 
                convicted in any court;
                    (C) involves misconduct for which the defendant has 
                been found to have violated a Federal or State civil 
                rights law; or
                    (D) where the defendant was under the influence (as 
                determined pursuant to applicable State law) of 
                intoxicating alcohol or any drug at the time of the 
                misconduct.
            (2) Rule of construction.--Nothing in this subsection shall 
        be construed to affect subsection (a)(3) or (d).

SEC. 5. LIABILITY FOR NONECONOMIC LOSS.

    (a) General Rule.--In any civil action against a teacher, based on 
an action of a teacher acting within the scope of the teacher's 
responsibilities to a school or governmental entity, the liability of 
the teacher for noneconomic loss shall be determined in accordance with 
subsection (b).
    (b) Amount of Liability.--
            (1) In general.--Each defendant who is a teacher, shall be 
        liable only for the amount of noneconomic loss allocated to 
        that defendant in direct proportion to the percentage of 
        responsibility of that defendant (determined in accordance with 
        paragraph (2)) for the harm to the claimant with respect to 
        which that defendant is liable. The court shall render a 
        separate judgment against each defendant in an amount 
        determined pursuant to the preceding sentence.
            (2) Percentage of responsibility.--For purposes of 
        determining the amount of noneconomic loss allocated to a 
        defendant who is a teacher under this section, the trier of 
        fact shall determine the percentage of responsibility of that 
        defendant for the claimant's harm.

SEC. 6. DEFINITIONS.

    For purposes of this Act:
            (1) Economic loss.--The term ``economic loss'' means any 
        pecuniary loss resulting from harm (including the loss of 
        earnings or other benefits related to employment, medical 
        expense loss, replacement services loss, loss due to death, 
        burial costs, and loss of business or employment opportunities) 
        to the extent recovery for such loss is allowed under 
        applicable State law.
            (2) Harm.--The term ``harm'' includes physical, 
        nonphysical, economic, and noneconomic losses.
            (3) Noneconomic losses.--The term ``noneconomic losses'' 
        means losses for physical and emotional pain, suffering, 
        inconvenience, physical impairment, mental anguish, 
        disfigurement, loss of enjoyment of life, loss of society and 
        companionship, loss of consortium (other than loss of domestic 
        service), hedonic damages, injury to reputation and all other 
        nonpecuniary losses of any kind or nature.
            (4) School.--The term ``school'' means a public or private 
        kindergarten, a public or private elementary school or 
        secondary school (as defined in section 14101 of the Elementary 
        and Secondary Education Act of 1965 (20 U.S.C. 8801)), or a 
        home school.
            (5) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the United States Virgin Islands, 
        Guam, American Samoa, the Commonwealth of the Northern Mariana 
        Islands, any other territory or possession of the United 
        States, or any political subdivision of any such State, 
        territory, or possession.
            (6) Teacher.--The term ``teacher'' means a teacher, 
        instructor, principal, administrator, or other educational 
        professional, that works in a school.

SEC. 7. EFFECTIVE DATE.

    (a) In General.--This Act shall take effect 90 days after the date 
of enactment of this Act.
    (b) Application.--This Act applies to any claim for harm caused by 
an act or omission of a teacher where that claim is filed on or after 
the effective date of this Act, without regard to whether the harm that 
is the subject of the claim or the conduct that caused the harm 
occurred before such effective date.
                                 <all>