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2003 SESSION

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HB 2699 Teacher liability insurance program.

Introduced by: L. Scott Lingamfelter | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Teacher liability insurance program. Directs the Division of Risk Management within the Department of Treasury, from such funds as may be appropriated and from such gifts, donations, grants, bequests, and other funds as may be received for such purpose, to administer a liability insurance program for public school teachers in the Commonwealth. The program is to include coverage for professional liability, reimbursement of attorney's fees for criminal defense, bail bonding, and assault-related personal property damage for classroom teachers.

Under current law (§ 22.1-83), school boards may pay the legal fees and expenses for employees, which would include teachers who have been arrested, indicted, or "otherwise prosecuted on any charge arising out of any act committed in the discharge of his duties as such employee"; significantly, this authority is limited to those instances in which the charge is "subsequently dismissed or a verdict of not guilty is rendered...." In addition, a school board may pay legal fees and expenses for any employee made a defendant in a civil action arising from school employee duties, regardless of the outcome of the action.

Local school boards are not statutorily required to provide liability insurance. Pursuant to § 22.1-84, school boards may provide this coverage, or self-insurance, for "certain or all of its officers and employees and for student teachers and other persons performing functions for any school in the school division...." The insurance may cover "costs and expenses incident to liability, arising from their conduct in discharging their duties or in performing functions or services for a school."


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