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1995 SESSION

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SB 960 Civil immunity for public school teachers.

Introduced by: Kenneth W. Stolle | all patrons    ...    notes | add to my profiles

SUMMARY:

Civil immunity for public school teachers under certain circumstances. Codifies a Virginia Supreme Court decision (Lentz v. Morris, 236 V. 78 (1988)) granting immunity from civil damages to public school teachers (elementary and secondary) when acting in good faith within their scope of employment while supervising, caring for, or disciplining students and while rendering health-related assistance during an emergency or upon authorization of the child's parent or guardian, unless the acts or omissions were the result of gross negligence or willful misconduct. The bill extends immunity to situations commonly occurring in schools where a teacher may be called upon to give a student medication or to provide some other health-related assistance, e.g., suctioning for a disabled ventilator-dependent child.

Applying a previously developed test for immunity, the Lentz court held that the physical education teacher in the case was not liable, i.e., "the employee is performing a vitally important public function as a school teacher. The governmental entity employing the teacher, the local school board, has official interest and direct involvement in the function of student instruction and supervision, and it exercises control and direction over the employee through the school principal. Moreover, a teacher's supervision and control of a physical education class, including the decision of what equipment and attire is to be worn by the student participants, clearly involves, at least in part, the exercise of judgment and discretion by the teacher."


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