HF 288

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to civil actions; regulating the liability of
employees of educational entities; proposing coding
for new law in Minnesota Statutes, chapter 121A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin TITLE.
new text end

new text begin This act may be known as the "Education Quality and Teacher
and Principal Protection Act."
new text end

Sec. 2. new text begin LEGISLATIVE FINDINGS.
new text end

new text begin The legislature finds that ensuring the quality of primary
and secondary public education is a compelling state interest.
The educational environment of students is often not conducive
to learning. Violence is sometimes a threat, while other times
educators may lack the authority to maintain safety and
discipline in the public schools. The filing of meritless
lawsuits against school districts, teachers and administrators,
and other school employees interferes with attempts to ensure
the quality of public education, particularly where the lawsuits
arise out of the good-faith efforts of educators to maintain
classroom discipline or address threats to student safety.
Meritless litigation also diverts financial and personnel
resources to litigation defense activities and reduces the
availability of resources for educational opportunities for
students. The legislature finds that legislation to deter
meritless lawsuits and sanction deliberately false reports
against educators is a rational and appropriate method to
address this compelling public interest.
new text end

Sec. 3.

new text begin [121A.80] DEFINITIONS.
new text end

new text begin For the purposes of sections 121A.80 to 121A.87, the terms
defined in this section have the meanings given them:
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new text begin (1) "educational entity" means the Department of Education
or any other body, school district, board, or agency that
governs one or more public elementary, middle, or secondary
schools; and
new text end

new text begin (2) "employee" means any individual elected or appointed to
an educational entity and any individual who is an employee of
an educational entity or who provides student-related services
to that educational entity on a contractual basis. The term
also means an authorized volunteer who provides student-related
services to the educational entity.
new text end

Sec. 4.

new text begin [121A.81] LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin General limitations. new text end

new text begin (a) An educational
entity or its employees are not subject to liability for any of
the following:
new text end

new text begin (1) taking any action regarding the supervision, grading,
suspension, expulsion, or discipline of students while the
students are on the property of the educational entity or are
under the supervision of the educational entity or its
employees; or
new text end

new text begin (2) using corporal punishment when and to the extent that
the employee reasonably believes it necessary and appropriate to
maintain discipline or to promote student welfare.
new text end

new text begin (b) The immunity provided by this subdivision does not
apply if the action of the educational entity or its employee
violated an express law, rule, or clearly articulated policy of
the state or educational entity. The plaintiff has the burden
of proving a violation by clear and convincing evidence as part
of a summary proceeding.
new text end

new text begin Subd. 2. new text end

new text begin Reporting. new text end

new text begin An educational entity and its
employees are not subject to liability for making a report
consistent with federal and state law such as the federal
Educational Rights and Privacy Act (FERPA) and the Minnesota
Data Practices Act under chapter 13, to the appropriate law
enforcement authorities or officials of an educational entity if
the individual making the report has reasonable grounds to
suspect that a student is:
new text end

new text begin (1) under the influence of alcoholic beverages or a
controlled substance not lawfully prescribed to that individual;
new text end

new text begin (2) in possession of a firearm, alcoholic beverage, or
controlled substance not lawfully prescribed to that individual;
or
new text end

new text begin (3) involved in the illegal solicitation, sale, or
distribution of firearms, alcoholic beverages, or controlled
substances not lawfully prescribed to that individual.
new text end

Sec. 5.

new text begin [121A.82] PUNITIVE AND EXEMPLARY DAMAGES.
new text end

new text begin An educational entity is not liable for punitive or
exemplary damages. An employee of an educational entity is not
liable for punitive or exemplary damages for acts or omissions
within the course and scope of employment.
new text end

new text begin For the purposes of this section, an employee who acts with
specific intent to cause harm is not considered to be acting
within the course and scope of employment.
new text end

Sec. 6.

new text begin [121A.83] FALSE REPORTS.
new text end

new text begin (a) Except as otherwise provided in this section, any
person 18 years of age or older who acts with specific intent in
making a false accusation of criminal activity against an
employee of an educational entity to law enforcement
authorities, school district officials or personnel, or both,
shall be fined up to $2,000.
new text end

new text begin (b) Except as otherwise provided in this section, any
public school student between the ages of seven and 17 who acts
with specific intent in making a false accusation of criminal
activity against an employee of an educational entity to law
enforcement authorities, school district officials or personnel,
or both, may, at the discretion of the court, and in accordance
with the provisions of the federal Individuals with Disabilities
Education Act, United State Code, title 20, sections 1400 to
1487, and Pupil Fair Dismissal Act, sections 121A.40 to 121A.56,
be subject to any of the following:
new text end

new text begin (1) expulsion;
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new text begin (2) suspension for a period of time to be determined by the
court;
new text end

new text begin (3) community service of a type and for a period of time to
be determined by the court; and
new text end

new text begin (4) any other sanction as the court in its discretion may
deem appropriate.
new text end

new text begin (c) This section does not apply to statements regarding
individuals elected or appointed to a school board.
new text end

new text begin (d) This section is in addition to and does not limit the
civil or criminal liability of those persons who make false
statements alleging criminal activity by others.
new text end

Sec. 7.

new text begin [121A.84] PREVAILING ENTITY OR EMPLOYEE; ATTORNEY
FEES; COSTS.
new text end

new text begin (a) In any civil action or proceeding against an
educational entity or its employee in which the educational
entity or its employee prevails, the court shall award costs and
reasonable attorney's fees to the prevailing defendant or
defendants. The court in its discretion may determine whether
the fees and costs are to be borne by the plaintiff's attorney,
the plaintiff, or both.
new text end

new text begin (b) Expert witness fees may be included as part of the
costs awarded under this section.
new text end

Sec. 8.

new text begin [121A.85] INSURANCE.
new text end

new text begin Unless otherwise provided by law, the existence of any
policy of insurance indemnifying an educational entity against
liability for damages is not a waiver of any defense otherwise
available to the educational entity or its employees in the
defense of the claim.
new text end

Sec. 9.

new text begin [121A.86] APPLICABILITY.
new text end

new text begin Sections 121A.80 to 121A.85 are supplemental to sections
466.01 to 466.15.
new text end

Sec. 10.

new text begin [121A.87] INDIVIDUALS WITH DISABILITIES.
new text end

new text begin Sections 121A.80 to 121A.86 shall not infringe on any right
provided under chapter 125A and the federal Individuals with
Disabilities Education Act, United States Code, title 20,
sections 1400 to 1487.
new text end