Enrolled Bill Summary

            Senate Bill 930 amends the Education Code to expand the definition of a "professional employee of a school district" to include a substitute teacher, a teacher employed by a company that contracts with a school district to provide the teacher's services to the district, and a member of the board of trustees of an independent school district. The bill prevents a professional employee of a school district (employee) from being subject to disciplinary proceedings for the use of physical force, as defined by the Penal Code, against a student if the force is justified to maintain discipline.

             The bill provides that a person may not file a suit against an employee unless the person has exhausted the school district's remedies for resolving complaints. Before a person may file suit against an employee, the bill requires the person to provide 90 days' written notice to the employee describing the incident relating to the claim. If proper notice is not provided, the employee may file a plea in abatement with the court, and the bill requires the court to abate the suit for 90 days after the employee receives written notice. The bill also authorizes a court to refer a case to an alternative dispute resolution procedure. The bill limits an employee's liability to $100,000 for an act incident to or within the scope of the employee's duties, but the limit does not include any attorney's fees or court costs awarded against the employee. In certain actions against an employee, the employee is entitled to recover attorney's fees and court costs from the plaintiff if the employee is found immune from liability.

            Senate Bill 930 also amends provisions of the law relating to the adoption of school policies relating to immunity from civil liability for the administration of medication to a student to clarify that a properly labeled container includes a properly labeled unit dosage container filled by a registered nurse or another qualified district employee.