[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4592 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4592

  To provide liability protection in Federal court for educators and 
   school administrators, who are working within the scope of their 
                  employment, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 16, 2005

 Mr. Gohmert introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide liability protection in Federal court for educators and 
   school administrators, who are working within the scope of their 
                  employment, 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 ``Educational Immunity Act of 2005''.

SEC. 2. LIABILITY PROTECTION IN FEDERAL COURT FOR EDUCATORS AND SCHOOL 
              ADMINISTRATORS.

    (a) In General.--An educator or school administrator in a pre-K-12 
school is not liable, in Federal court, for damages of any nature or 
any other legal or equitable remedy, for any act or omission in the 
course and scope of that employment, except as provided in this 
section.
    (b) Exceptions.--The liability protection in subsection (a) does 
not apply to--
            (1) liability under a contract; or
            (2) conduct punishable as a crime.
    (c) Attorney Fees and Costs.--If any teacher or school 
administrator is sued and the case is dismissed or no liability found 
against such teacher or administrator, the person immunized hereunder 
is entitled to be reimbursed for actual attorneys fees, all court 
related costs, fees and expenses, as well as out of pocket monies 
expended or lost arising out of or related to the litigation.
    (d) Definitions.--In this section:
            (1) The term ``pre-K-12 school'' means a school, whether 
        public or private, for one or more grades from pre-kindergarten 
        through grade 12.
            (2) The term ``educator'' includes a teacher, a teaching 
        assistant, a guest lecturer, and a librarian.
            (3) The term ``school administrator'' includes a principal, 
        an assistant principal, a Superintendent, Assistant 
        Superintendent, or their employees.
            (4) The term ``employed'' includes work on an unpaid basis.
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