[Congressional Record Volume 147, Number 20 (Tuesday, February 13, 2001)]
[Senate]
[Pages S1338-S1340]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCONNELL (for himself, Mr. Gregg, Mr. Frist, Mr. Miller, 
        Mr. Lott, Mr. DeWine, Mr. Enzi, Mr. Hutchinson, Mr. Sessions, 
        and Mr. Carper):
  S. 316. A bill to provide for teacher liability protection; to the 
Committee on the Judiciary.
  Mr. McCONNELL. Mr. President, today I rise to introduce, with my 
colleagues Senators Gregg, Frist, Miller, Lott, DeWine, Enzi, 
Hutchinson, Sessions, and Carper, The Paul D. Coverdell Teacher 
Liability Protection Act. This important legislation extends 
protections from frivolous lawsuits to teachers, principals, 
administrators, and other education professionals who are acting within 
the scope of their professional responsibilities.
  The Teacher Liability Protection Act builds upon the good work 
Congress began in 1997 when it enacted the Volunteer Protection Act. As 
you may recall, the Volunteer Protection Act provides liability 
protections to individuals serving their communities as volunteers. 
After bringing several volunteer protection amendments to the floor 
throughout the 1990's and introducing the Volunteer Protection Act 
during the 104th Congress, I was honored to work with our colleague, 
Senator Paul Coverdell, to steer this measure through the 105th 
Congress and have it enacted in 1997.
  Now, we need to extend similar liability protections to our nation's 
teachers, principals, and education professionals who are responsible 
for the safety of our children when they are at school.
  Everyone agrees that providing a safe, orderly environment is a 
critical component of ensuring that every child is able to reach their 
full academic potential. Teachers who are unable to maintain order in 
the classroom cannot reasonably be expected to share their knowledge 
with their pupils, whether it be in math, science, or literature. 
Disruptive, rowdy, and sometimes violent students not only threaten the 
immediate safety of their classmates, they threaten the very future of 
our children by denying them the opportunity to learn.
  Unfortunately, teachers, principals, and other education officials 
share an impediment in their efforts to ensure that students can learn 
in a safe, orderly learning environment: the fear of lawsuits. All too 
often, these hard-working professionals find their reasonable actions 
to instill discipline and maintain order are questioned and second 
guessed by opportunistic trial lawyers.
  Today's teachers will tell you that the threat of litigation is in 
the back of their minds and forces them at times to act in a manner 
which might not be in the best interests of their students. A 1999 
survey of secondary school principals found that 25 percent of the 
respondents were involved in lawsuits or out-of-court settlements in 
the previous two years--an amazing 270 percent increase from only ten 
years earlier. The same survey found that 20 percent of principals 
spent 5-10 hours a week in meetings or documenting events in an effort 
to avoid litigation. This is time that our educators should spend 
counseling students, developing curriculum, and maintaining order--not 
fending off frivolous lawsuits.
  The legislation is structured similarly to the Volunteer Protection 
Act of 1997 and is nearly identical to teacher protection legislation 
introduced by Paul Coverdell (S. 1721) in the 106th Congress. Simply 
put, the bill extends a national standard to protect from liability 
those teachers, principals, and education professionals who act in a 
reasonable manner to maintain order in the classroom. It does not 
preempt those States that have already taken action to address this 
problem and it allows any state legislature that disagrees with these 
strong protections to opt out at any time. Since this bill builds on 
Sen. Coverdell's fine work, my colleagues and I thought it would be 
highly appropriate that it bear his name.
  At the same time, it is important to note that this legislation is 
not a ``carte blanche'' for that minuscule minority of school officials 
who abuse their authority. The bill does not protect those teachers who 
engage in ``willful misconduct, gross negligence, reckless misconduct, 
or a conscious flagrant indifference to the rights or safety'' of a 
student. Nor does the bill preclude schools or local law enforcement 
entities from taking criminal, civil, or administrative actions against 
a teacher who acts improperly. Rather, the bill is simply designed to 
protect those teachers, principals, and educational professionals who 
act responsibly from frivolous lawsuits.
  From a historical context, this is not new ground for our colleagues 
in the Senate. During the 106th Congress, Senator Coverdell sucessfully 
included his legislation in the Senate's verison of the ESEA 
Reauthorization bill. Unfortunately, as we all know, efforts to 
reauthorize the ESEA stalled on the Senate floor. It is now appropriate 
for the Senate to revisit this issue, and I hope give its full 
endorsement.
  I look forward to working with my fellow original co- sponsors and 
the rest of the Senate to see that these important protections are 
enacted into law on behalf of America's hard working and dedicated 
teachers.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 316

       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

[[Page S1339]]

     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.''.

  Mr. MILLER. Mr. President, today I add my support to the Teacher 
Liability Protection Act, a bill first introduced by my predecessor 
Senator Paul Coverdell. Like him, and like my colleagues with whom I 
introduce this bill today, I firmly believe in the promise that the 
education of our children provides. An important part of fulfilling 
that promise is ensuring that our classrooms are a secure place in 
which to learn. And, as a result, teachers and principals are called 
upon every day to maintain order in our schools. In doing so, they 
should not be subject to frivolous lawsuits. Nor should the fear of 
such litigation prevent educators from acting reasonably and quickly in 
this regard.
  The bill we introduce today seeks to eliminate that fear and to 
reassure educators that they can and should perform this necessary part 
of their job without hesitation. The bill provides limited immunity for 
teachers, principals, and other education professionals for any 
reasonable actions they take in an effort to discipline students or 
maintain order in the classroom. In addition, it limits the 
availability of punitive damages and damages for non-economic loss in 
those suits that do proceed.
  I also think that it is important to discuss what this bill does not 
do. It does not prevent proper accountability for teachers and 
principals who act intentionally, or even recklessly. Nor does it 
protect them if they violate state or federal law. Finally, this bill 
recognizes the authority of states on this issue by allowing states the 
ability to opt out of its provisions and leaving untouched any state 
law that provides greater immunity from liability. In sum, this bill 
provides an important and necessary baseline of protection for teachers 
and principals who are on the front line of our national struggle to 
improve education, and to fulfill the promise of our children's future.
  I believe this Congress has a unique opportunity to improve education 
in our country. I hope that my colleagues will give this bill careful 
consideration, and support it as an important part of that effort.

[[Page S1340]]

  Mr. GREGG. Mr. President, I rise today to join my colleague, Mitch 
McConnell, in introducing the Paul Coverdell Teacher Liability 
Protection Act of 2001.
  Senator Coverdell, recognizing the value of those individuals who 
sacrifice their time, money and energy to serve others, was a true 
leader in protecting both volunteers and teachers. In 1997, he 
successfully ushered the Volunteer Protection Act through Congress. 
Today, as a result of Senator Coverdell's efforts, volunteers can 
generously give their time and services without the threat of frivolous 
lawsuits.
  Last year I joined Senator Coverdell in offering a teacher amendment 
during floor consideration of the Elementary and Secondary Education 
Act, ESEA. That amendment contained several provisions impacting 
teachers, but the bulk of the amendment was the Teacher Liability 
Protection Act. I am pleased to say that this amendment was passed by 
the Senate by a vote of 97 to 0, and a nearly identical measure was 
passed by the House by a vote of 358 to 67. The overwhelming support 
that this amendment received during the 106th Congress clearly 
illustrates the bipartisan nature of this initiative. Although Congress 
did not complete work on ESEA before the end of the session, I am very 
optimistic that the new President will sign into law an education 
reform bill this year and that bill will include the Paul Coverdell 
Teacher Liability Protection Act.
  Our nation's public schools have become more violent, and teachers do 
not feel safe in their own classrooms. Today, more than half our 
nation's school teachers have been verbally abused, 16 percent have 
been threatened with injury and 7 percent have been physically 
attacked. Parents and students alike report that the behavior of some 
students completely interferes with the learning of others. As our 
schools have increasingly felt the effects of violence, drug use and a 
breakdown of discipline, it is necessary for teachers to use reasonable 
means to maintain order, discipline and a positive educational 
environment. However, teachers continuously find themselves the targets 
of frivolous lawsuits when they are forced to restore order in the 
classroom. Our nation's educators need to feel free to appropriately 
and swiftly discipline disruptive, unruly and unmanageable students to 
ensure the safety and education of all the children under their 
supervision.
  Currently, unless a teacher is fortunate enough to work in a state 
that has liability laws that protect teachers, many teachers are 
hesitant to take action or intervene for fear of a lawsuit. This 
legislation would help to correct this sad situation.
  The Paul Coverdell Teacher Liability Protection Act was modeled after 
the Volunteer Protection Act of 1997 and several state liability laws. 
The purpose of this legislation is to protect teachers from frivolous 
law suits when attempting to remove a disruptive or belligerent student 
from a classroom.
  Specifically, it provides limited civil liability immunity for 
teachers and principals who engage in reasonable acts to maintain order 
and preserve a safe and educational environment in their classrooms and 
schools. The bill is narrowly crafted to focus on protecting reasonable 
acts that fall within the scope of a teacher's responsibilities in 
providing education services. The bill does not protect teachers who 
engage in wanton and willful acts of misconduct, criminal acts or 
violations of state and federal civil rights laws. The Teacher 
Liability Protection Act simply protects teachers and other education 
professionals from liability for harm caused to an individual by 
reasonable acts carried out in accordance with local, state and federal 
laws, as well as rules and regulations for controlling, disciplining, 
expelling or suspending a student from a classroom or school. 
Additionally, this legislation stipulates that punitive damages may not 
be awarded against a teacher unless the claimant establishes by clear 
and convincing evidence that harm was caused by an action that 
constituted willful or criminal misconduct, or a conscious, flagrant 
indifference to the rights or safety of the individual harmed.
  Furthermore, it is important to note that this legislation does not, 
in any way, supercede any state law that provides teachers with greater 
immunity from liability. Moreover, states can opt out of the provisions 
of this bill by passing state legislation exempting them from the 
Teacher Liability Protection Act.
  I conclude by saying that we have a unique opportunity this year to 
improve our nation's public schools, and we should start with 
protecting its teachers. As you know, teachers are our most precious 
resource in the classroom, and to continue to place them at risk in 
their jobs, and not give them the protection they so desperately need 
is a shame. It is high time that we recognize teachers and principals 
for who they are; professionals that go to great lengths to help our 
children learn. Creating a safe-zone in which they are not subject to 
being dragged through the courts for ensuring the safety and education 
of the students in their classrooms should be a priority as we 
undertake education reform in the 107th Congress. That is why I stand 
here today to join Senator McConnel in empowering our nation's teachers 
to take back control of our classrooms and create an environment where 
they can teach and their students can learn.
                                 ______