[Congressional Record Volume 145, Number 138 (Wednesday, October 13, 1999)]
[Senate]
[Pages S12555-S12556]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. COVERDELL:
  S. 1721. A bill to provide protection for teachers, and for other 
purposes; to the Committee on the Judiciary.


              the teacher liability protection act of 1999

 Mr. COVERDELL. Mr. President, I rise today to introduce the 
Teacher Liability Protection Act of 1999. This legislation provides 
limited immunity for teachers, principals and other education 
professionals who take reasonable measures to maintain order and 
discipline in America's schools and classrooms in order to create a 
positive education environment. In other words, it allows teachers to 
do what is necessary to provide an environment conducive to learning 
without fear of being sued. This bill allows teachers to control their 
classrooms. It allows teachers to teach.
  The ability of teachers and principals to teach, inspire and shape 
the intellect of our Nation's students is hindered by frivolous 
lawsuits and litigation. By creating a national standard for protecting 
teachers and education professionals through limited civil liability 
immunity, we allow teachers to teach, and we help our children to 
learn.
  Mr. President, we must give educators the resources they need to 
educate our children, and these resources include the legal protection 
necessary to do their job and maintain a safe classroom. Principals 
must be able to control the schools, teachers must be able to control 
classrooms. Unruly and unmanageable children must not be allowed to 
endanger, intimidate or harm other students. It is our responsibility, 
as members of the United States Senate, to give teachers the legal 
protections necessary to provide a safe learning environment for all 
children in their care. We must give teachers the freedom they need to 
responsibly handle potentially dangerous situations without the fear of 
frivolous legal reprisals.
  Based on the Volunteer Protection Act of 1997, which I introduced and 
which was signed into law, the Teacher Liability Protection Act would 
create a national standard to protect every teacher in the country, but 
would not override any state law that provides greater immunity or 
liability protection. This bill recognizes the authority of the states 
on these matters and allows them to opt out of the coverage and provide 
teachers with a higher or lower level of liability protection if they 
so choose.
  This bill also recognizes that millions of parents across the nation 
depend upon teachers, principals and other school professionals for the 
educational development of their children. it affirms the fact that 
most teachers are hard-working professionals who care deeply for our 
children and go to extraordinary lengths to help them learn. However, 
this bill does not protect a teacher when he or she engages in wanton 
and willful misconduct, a criminal act or violations of State and

[[Page S12556]]

Federal civil rights laws. It simply protects teachers who undertake 
reasonable actions to maintain order, discipline and an appropriate 
learning environment as the public and society expect them to do.
  I invite my colleagues to support this important and meaningful 
legislation and to give our Nation's teachers the freedom they need to 
educate our children.
                                 ______