Bill Text: NJ A3673 | 2010-2011 | Regular Session | Introduced
Bill Title: The "Teacher and School Administrator Protection Act."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-06 - Introduced, Referred to Assembly Education Committee [A3673 Detail]
Download: New_Jersey-2010-A3673-Introduced.html
Sponsored by:
Assemblywoman JOAN M. VOSS
District 38 (Bergen)
SYNOPSIS
The "Teacher and School Administrator Protection Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning public school personnel and supplementing chapter 16 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Teacher and School Administrator Protection Act."
2. The Legislature finds and declares that:
a. Promoting the quality of elementary and secondary public education is a vital State interest;
b. Maintaining a safe environment is an important component of learning, and at times teachers and administrators may hesitate to exercise their authority to maintain safety and discipline in the school due to the threat of a lawsuit resulting from their actions;
c. The filing of meritless lawsuits against school districts, charter schools, and their employees interferes with efforts to ensure the quality of public education, particularly when the lawsuits arise out of the good-faith efforts of school personnel to maintain classroom discipline or address threats to student safety;
d. Meritless litigation also diverts financial resources to litigation defense activities and reduces the availability of resources for educational programs and services; and
e. The adoption of legislation to deter meritless lawsuits and sanction deliberately false reports against educators is a rational and appropriate mechanism to address the compelling public interest to protect school districts, charter schools, and their employees from unnecessary and harmful litigation.
3. As used in this act, "employee" means an employee of a school district or charter school or any person who provides student-related services on a contractual basis to a school district or charter school.
4. A member of a board of education of a school district or a board of trustees of a charter school and any employee shall be immune from liability for taking an action regarding the supervision, grading, suspension, expulsion, or discipline of a student while the student is on school grounds or otherwise under the supervision of the school district or charter school and its employees; except that immunity shall not apply if the action is committed willfully or wantonly and violates any law, rule or regulation, or a clearly articulated policy of the school district or charter school. The burden of proving the violation shall be established by clear and convincing evidence to the court. If the court finds a violation exists, the board member or employee may raise immunity at trial under the provisions of this act and the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq.
5. A member of a board of education of a school district or a board of trustees of a charter school and any employee shall be immune from liability for making a report consistent with State and federal law to the appropriate law enforcement authorities or school district or charter school officers or administrators if the person making the report has reasonable grounds to suspect that a student is:
a. under the influence of alcohol or a controlled dangerous substance not lawfully prescribed to the student;
b. in possession of a firearm, alcoholic beverage, or a controlled dangerous substance not lawfully prescribed to the student; or
c. involved in the illegal solicitation, sale, or distribution of firearms, alcoholic beverages, or a controlled dangerous substance.
6. A person claiming to have suffered an injury by a member of a board of education of a school district or a board of trustees of a charter school or any employee, whether or not as a result of a violation of a law, rule or regulation, or clearly articulated policy of the school district or charter school, shall file a written notice with the board of education or board of trustees as provided pursuant to N.J.S.59:8-7 within 90 days of the accrual of his claim. A failure to comply with the provisions of this section or N.J.S.59:8-8 shall forever bar any such action.
7. a. A person who knowingly makes a false accusation of criminal activity against an employee to law enforcement authorities is guilty of a violation of N.J.S.2C:28-4.
b. A person who knowingly makes a false accusation of criminal activity against an employee to school district or charter school officers or administrators is guilty of a disorderly persons offense.
b. The provisions of this section shall not limit the civil or criminal liability of a person who makes a false statement alleging criminal activity by another person as may otherwise be provided pursuant to law.
8. If in a civil action instituted against a member of a board of education of a school district or a board of trustees of a charter school or any employee, the court determines that the board member or employee is immune from liability, the court shall award costs and reasonable attorney fees to the defendant. Expert witness fees may be included as part of the costs awarded pursuant to this section.
9. Unless otherwise provided pursuant to law, the existence of an insurance policy indemnifying the members of a board of education of a school district or a board of trustees of a charter school or any employee is not a waiver of a defense otherwise available to the board members or employees.
10. The protections provided pursuant to the provisions of this act shall be in addition to those provided pursuant to the provisions of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., and any action that is barred under the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., is barred under the provisions of this act.
11. This act shall take effect immediately.
STATEMENT
This bill, entitled the "Teacher and School Administrator Protection Act," is modeled on legislation that has been adopted in a number of other states to protect teachers, administrators, school districts, and charter schools from frivolous law suits filed over actions taken in connection with student discipline. Such meritless legal actions have at times resulted in reluctance on the part of some teachers and administrators to take the appropriate disciplinary action required to maintain a safe and orderly school environment out of fear that a parent would file a law suit. The protections provided in this bill will allow public schools to impose reasonable discipline without fear of reprisal.
Under the bill's provisions, a member of a board of education of a school district or board of trustees of a charter school, an employee of those schools, or a person who provides student-related services on a contractual basis to the school will be immune from liability for taking an action regarding the supervision, grading, suspension, expulsion, or discipline of a student while the student is on school grounds or otherwise under the supervision of the school district or charter school. Such immunity will not apply, however, if the action violates any law, rule or regulation, or clearly articulated policy of the school district and is committed willfully and wantonly. The burden of proving such a violation will rest with the plaintiff and must be established by clear and convincing evidence.
The bill provides immunity for making a report consistent with State and federal law to appropriate law enforcement authorities or to school district or charter school officers or administrators if the person has reasonable grounds to suspect that a student is:
1) under the influence of alcohol or a controlled dangerous substance;
2) in possession of a firearm, alcoholic beverage, or a controlled dangerous substance; or
3) involved in the illegal solicitation, sale, or distribution of firearms, alcoholic beverages, or a controlled dangerous substance.
The bill further provides that a person who intentionally makes a false accusation of criminal activity against an employee to law enforcement authorities is guilty of a violation of N.J.S.2C:28-4 (falsely incriminating another; fictitious reports); or to a school district or charter school officer or administrator, of a disorderly persons offense. Also, if a civil action is instituted against a board member or employee and the court determines that the person is immune from liability, the court is to award costs and reasonable attorney fees.
