[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 316 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 316

              To provide for teacher liability protection.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2001

Mr. McConnell (for himself, Mr. Gregg, Mr. Frist, Mr. Miller, Mr. Lott, 
  Mr. DeWine, Mr. Enzi, Mr. Hutchinson, Mr. Sessions, and Mr. Carper) 
introduced the following bill; which was read twice and referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
              To provide for teacher liability protection.

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

SECTION 1. TEACHER LIABILITY PROTECTION.

    The Elementary and Secondary Education Act of 1965 (20 U.S.C 6301 
et seq.) is amended by adding at the end the following:

                ``TITLE XV--TEACHER LIABILITY PROTECTION

``SEC. 15001. SHORT TITLE.

    ``This title may be cited as the `Paul D. Coverdell Teacher 
Liability Protection Act of 2001'.

``SEC. 15002. 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 scope of the problems created by the 
                legitimate fears of teachers, principals and other 
                school professionals about frivolous, arbitrary or 
                capricious lawsuits against teachers is of national 
                importance; and
                    ``(B) millions of children and their families 
                across the Nation depend on teachers, principals and 
                other school professionals for the intellectual 
                development of children.
    ``(b) Purpose.--The purpose of this title 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. 15003. PREEMPTION AND ELECTION OF STATE NONAPPLICABILITY.

    ``(a) Preemption.--This title preempts the laws of any State to the 
extent that such laws are inconsistent with this title, except that 
this title shall not preempt any State law that provides additional 
protection from liability relating to teachers.
    ``(b) Election of State Regarding Nonapplicability.--This title 
shall not apply to any civil action in a State court against a teacher 
with respect to claims arising within that 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 title 
        shall not apply, as of a date certain, to such civil action in 
        the State; and
            ``(3) containing no other provisions.

``SEC. 15004. 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, and Federal laws, rules and 
        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 or omission 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 or 
        omission 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 title 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 effect subsection (a)(3) or (d).

``SEC. 15005. LIABILITY FOR NONECONOMIC LOSS.

    ``(a) General Rule.--In any civil action against a teacher, based 
on an action or omission 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 each 
        person responsible for the claimant's harm, whether or not such 
        person is a party to the action.

``SEC. 15006. DEFINITIONS.

    For purposes of this title:
            ``(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, 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. 15007. EFFECTIVE DATE.

    ``(a) In General.--This title shall take effect 90 days after the 
date of the enactment of the Paul D. Coverdell Teacher Liability 
Protection Act of 2001.
    ``(b) Application.--This title applies to any claim for harm caused 
by an act or omission of a teacher if that claim is filed on or after 
the effective date of the Paul D. Coverdell Teacher Liability 
Protection Act of 2001, 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>