SRC-TAG S.B. 930 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 930
By: Shapiro
Education
3/19/2003
As Filed


DIGEST AND PURPOSE 

According to the Texas Classroom Teachers Association, teachers have been
sued for special education techniques, student injuries in the classroom
and on the playground, and for other reasons. The United States Department
of Education states that fear of litigation is one of the top three
concerns among teachers.   As proposed, S.B. 930 maintains the current
broad immunities that Texas law provides for teachers; incorporates the No
Child Left Behind Coverdell Provision; adds specific protections from
disciplinary proceedings for school professionals who use reasonable force
to maintain order and discipline; caps the liability of a school
professional at $100,000 for acts within the scope of duty; requires the
exhaustion of district level remedies before suit and 90 day notice of
suit; allows courts to refer cases to alternative dispute resolution; and
provides recovery of attorney's fees if the professional employee
substantially prevails.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 22B, Education Code, by amending Section 22.051
and adding Sections 22.0511- 22.0517, as follows: 

 Sec.  22.051.  DEFINITION.  Defines "professional employee of a school
district." 

Sec.  22.0511.  New heading: IMMUNITY FROM LIABILITY.  Redesignated from
Section 22.051.  (c)  Establishes that  in addition to the immunity
provided under this section and under other provision of state law, an
individual is entitled to any immunity and any other protections afforded
under the Paul D. Coverdell Teacher Protection Act of 2001 (20 U.S.C.
Section 6731 et seq.), as amended.  Requires nothing in this subsection to
be construed to limit or abridge any immunity or protection afforded an
individual under state law.  Provides, for the purposes of this
subsection, "individual" includes a person who provides services to
private schools, to the extent provided by federal law.  Deletes the
definition of  "professional employee." 

Sec.  22.0512.  IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR PROFESSIONAL
EMPLOYEES.  (a)  Prohibits a professional employee of a school district
from being subject to disciplinary proceedings for the employee's use of
physical force against a student to the extent justified under Section
9.62 (Educator-Student) Penal Code.  

  (b)  Defines "disciplinary proceeding."

Sec.  22.0513.  NOTICE OF CLAIM.  (a)  Requires a person, by the 90th day
before the date a person files a suit against a professional employee of a
school district, to give a written notice to the employee of the claim,
reasonably describing the incident from which the claim  arose. 

(b)  Authorizes a professional employee of a school district against whom
a suit is pending who does not receive a written notice, to file a plea in
abatement by the 30th day after the date the person files an original
answer in the court in which the suit is pending. 

(c)  Requires the court to abate suit, if after the hearing, it finds that
the person is entitled to abatement because notice was not provided as
required by this section. 
  
(d)  Provides that an abatement under Subsection (c) continues until the
90th day after the date that a written notice is given to the professional
employee of a school district as provided by Subsection (a). 
  
Sec.  22.0514.  EXHAUSTION OF REMEDIES.  Prohibits a person from filing
suit against a professional employee of a school district unless the
person has exhausted the remedies provided by the school district for
resolving the complaint.  

Sec.  22.0515.  LIMITATION ON DAMAGES.  (a)  Prohibits the liability of a
professional employee of a school district for an act incident to or
within the scope of duties of the employee's position of employment from
exceeding $100,000, subject to Subsection (b). Provides that the
limitation on liability provided by this subsection does not apply to any
attorney's fee or court costs that may be awarded against the professional
employee under Section  22.0517. 

(b)  Provides that the limitation on liability provided by Subsection (a)
does not apply if the actions of the professional employee of a school
district constitute gross negligence. 

Sec.  22.0516.  ALTERNATIVE DISPUTE RESOLUTION.   Authorizes  a court in
which a judicial proceeding is being brought against a professional
employee of a school district to refer the case to an alternative dispute
resolution procedure as described by Chapter 154 (Alternative Dispute
Resolution Procedures), Civil Practice and Remedies Code.  

Sec.  22.0517.  RECOVERY OF ATTORNEY'S FEES IN ACTION AGAINST PROFESSIONAL
EMPLOYEE.  Provides that in an action against a professional employee of a
school district based on an allegation that the employee physically abused
a student, the employee is entitled to recover attorney's fees and court
costs from the plaintiff if the employee substantially prevails. 

SECTION 2.  Amends Section 22.053(a), Education Code, to make a conforming
change. 

SECTION 3.  Amends Section 30.024(c), Education Code, to make a conforming
change.  

SECTION 4.  Amends Section 30.055(c), Education Code, to make a conforming
change. 

SECTION 5.  Amends Section 105.301(e), Education Code, to make a
conforming change. 

SECTION 6.  Makes application of this Act prospective.

SECTION 7.  Provides that if any provisions of this Act or its application
to any person or circumstance is held invalid, the invalidity does not
affect other provisions or applications of this Act that can be given
effect without the invalid provision or application, and to this end the
provisions of this Act are declared to be severable. 

SECTION 8.  Effective date:  September 1, 2003.