HB 2344 Civil immunity for public school teachers.
J. Randy Forbes | all patrons    ...    notes
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Summary:
Civil immunity for public school teachers under certain circumstances. Provides immunity from civil damages for public school teachers 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. This provision codifies a Virginia Supreme Court decision (Lentz v. Morris, 236 V. 78 (1988) on this matter and 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., "[t]he 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. And, 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."

Full text:
01/23/95  House: Presented & ordered printed LD6680812  pdf

Status:
01/23/95  House: Presented & ordered printed LD6680812
01/23/95  House: Referred to Committee for Courts of Justice
01/27/95  House: Assigned to C. J. sub-committee: 3/4
02/08/95  House: No action taken by Courts of Justice by voice vote