HF 2503

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to civil actions; regulating the liability of 
  1.3             employees of educational entities; proposing coding 
  1.4             for new law in Minnesota Statutes, chapter 121A. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [TITLE.] 
  1.7      This act may be known as the "Education Quality and Teacher 
  1.8   and Principal Protection Act." 
  1.9      Sec. 2.  [LEGISLATIVE FINDINGS.] 
  1.10     The legislature finds that ensuring the quality of primary 
  1.11  and secondary public education is a compelling state interest.  
  1.12  The educational environment of students is often not conducive 
  1.13  to learning.  Violence is sometimes a threat, while other times 
  1.14  educators may lack the authority to maintain safety and 
  1.15  discipline in the public schools.  The filing of meritless 
  1.16  lawsuits against school districts, teachers and administrators, 
  1.17  and other school employees interferes with attempts to ensure 
  1.18  the quality of public education, particularly where such 
  1.19  lawsuits arise out of the good-faith efforts of educators to 
  1.20  maintain classroom discipline or address threats to student 
  1.21  safety.  Meritless litigation also diverts financial and 
  1.22  personnel resources to litigation defense activities and reduces 
  1.23  the availability of such resources for educational opportunities 
  1.24  for students.  The legislature finds that legislation to deter 
  1.25  meritless lawsuits and sanction deliberately false reports 
  2.1   against educators is a rational and appropriate method to 
  2.2   address this compelling public interest.  
  2.3      Sec. 3.  [121A.80] [DEFINITIONS.] 
  2.4      For the purposes of sections 121A.80 to 121A.87, the terms 
  2.5   defined in this section have the meanings given them:  
  2.6      (1) "educational entity" means the department of children, 
  2.7   families, and learning or any other body, board, or agency that 
  2.8   governs one or more public primary or secondary schools; and 
  2.9      (2) "employee" means any individual elected or appointed to 
  2.10  an educational entity and any individual who is an employee of 
  2.11  an educational entity or who provides student-related services 
  2.12  to that educational entity on a contractual basis.  The term 
  2.13  also means an authorized volunteer who provides student-related 
  2.14  services to the educational entity.  
  2.15     Sec. 4.  [121A.81] [LIABILITY.] 
  2.16     Subdivision 1.  [GENERAL LIMITATIONS.] (a) An educational 
  2.17  entity or its employees are not subject to liability for any of 
  2.18  the following: 
  2.19     (1) taking any action regarding the supervision, grading, 
  2.20  suspension, expulsion, or discipline of students while the 
  2.21  students are on the property of the educational entity or are 
  2.22  under the supervision of the educational entity or its 
  2.23  employees; or 
  2.24     (2) using corporal punishment when and to the extent that 
  2.25  the employee reasonably believes it necessary and appropriate to 
  2.26  maintain discipline or to promote student welfare. 
  2.27     (b) The immunity provided by this subdivision does not 
  2.28  apply if the action of the educational entity or its employee 
  2.29  violated an express law, rule, or clearly articulated policy of 
  2.30  the state or educational entity.  The plaintiff has the burden 
  2.31  of proving a violation by clear and convincing evidence as part 
  2.32  of a summary proceeding.  
  2.33     Subd. 2.  [REPORTING.] An educational entity and its 
  2.34  employees are not subject to liability for making a report 
  2.35  consistent with federal law to the appropriate law enforcement 
  2.36  authorities or officials of an educational entity if the 
  3.1   individual making the report has reasonable grounds to suspect 
  3.2   that a student is: 
  3.3      (1) under the influence of alcoholic beverages or a 
  3.4   controlled substance not lawfully prescribed to that individual; 
  3.5      (2) in possession of a firearm, alcoholic beverage, or 
  3.6   controlled substance not lawfully prescribed to that individual; 
  3.7   or 
  3.8      (3) involved in the illegal solicitation, sale, or 
  3.9   distribution of firearms, alcoholic beverages, or controlled 
  3.10  substances not lawfully prescribed to that individual.  
  3.11     Sec. 5.  [121A.82] [PUNITIVE AND EXEMPLARY DAMAGES.] 
  3.12     An educational entity is not liable for punitive or 
  3.13  exemplary damages.  An employee of an educational entity is not 
  3.14  liable for punitive or exemplary damages for acts or omissions 
  3.15  within the course and scope of employment.  
  3.16     For the purposes of this section, an employee who acts with 
  3.17  specific intent to cause harm is not considered to be acting 
  3.18  within the course and scope of employment.  
  3.19     Sec. 6.  [121A.83] [FALSE REPORTS.] 
  3.20     (a) Except as otherwise provided in this section, any 
  3.21  person 18 years of age or older who acts with specific intent in 
  3.22  making a false accusation of criminal activity against an 
  3.23  employee of an educational entity to law enforcement 
  3.24  authorities, school district officials or personnel, or both, 
  3.25  shall be fined up to $2,000.  
  3.26     (b) Except as otherwise provided in this section, any 
  3.27  public school student between the ages of seven and 17 who acts 
  3.28  with specific intent in making a false accusation of criminal 
  3.29  activity against an employee of an educational entity to law 
  3.30  enforcement authorities, school district officials or personnel, 
  3.31  or both, may, at the discretion of the court, and in accordance 
  3.32  with the provisions of the federal Individuals with Disabilities 
  3.33  Education Act, United State Code, title 20, sections 1400 to 
  3.34  1487, be subject to any of the following: 
  3.35     (1) expulsion; 
  3.36     (2) suspension for a period of time to be determined by the 
  4.1   court; 
  4.2      (3) community service of a type and for a period of time to 
  4.3   be determined by the court; and 
  4.4      (4) any other sanction as the court in its discretion may 
  4.5   deem appropriate.  
  4.6      (c) This section does not apply to statements regarding 
  4.7   individuals elected or appointed to a school board.  
  4.8      (d) This section is in addition to and does not limit the 
  4.9   civil or criminal liability of those persons who make false 
  4.10  statements alleging criminal activity by others.  
  4.11     Sec. 7.  [121A.84] [FRIVOLOUS ACTIONS; ATTORNEY'S FEES; 
  4.12  COSTS.] 
  4.13     (a) In any civil action or proceeding against an 
  4.14  educational entity or its employee in which the educational 
  4.15  entity or its employee prevails, the court shall award costs and 
  4.16  reasonable attorney's fees to the prevailing defendant or 
  4.17  defendants.  The court in its discretion may determine whether 
  4.18  the fees and costs are to be borne by the plaintiff's attorney, 
  4.19  the plaintiff, or both.  
  4.20     (b) Expert witness fees may be included as part of the 
  4.21  costs awarded under this section.  
  4.22     Sec. 8.  [121A.85] [INSURANCE.] 
  4.23     Unless otherwise provided by law, the existence of any 
  4.24  policy of insurance indemnifying an educational entity against 
  4.25  liability for damages is not a waiver of any defense otherwise 
  4.26  available to the educational entity or its employees in the 
  4.27  defense of the claim.  
  4.28     Sec. 9.  [121A.86] [APPLICABILITY.] 
  4.29     This act is supplemental to sections 466.01 to 466.15.  
  4.30     Sec. 10.  [121A.87] [SPECIAL RULE.] 
  4.31     This act shall not infringe on any right provided under the 
  4.32  federal Individuals with Disabilities Education Act, United 
  4.33  States Code, title 20, sections 1400 to 1487.