106976-2:n:12/29/2009:JRC/th LRS2009-888R1
| SYNOPSIS: | Currently, local boards of education carry liability insurance for actions arising during the course of the performance of a teacher’s duties. However, neither the state of Alabama nor local boards of education provide teachers with educator professional liability insurance to protect them from potential financial ruin or loss of reputation in the event the teacher is sued individually or as a party in a legal action. |
| This bill would require the State Department of Education and the Department of Finance to implement a program to purchase or provide a policy of educator professional liability insurance to insure certificated personnel employed by a local board of education and student teachers and would authorize the State Department of Education and the Department of Finance to adopt rules and regulations for the implementation of such program. |
To require the State Department of Education and the Department of Finance implement a program to purchase or provide a policy of educator professional liability insurance to insure certificated personnel employed by a local board of education and student teachers and to authorize the State Department of Education and the Department of Finance to adopt rules and regulations for the implementation of such program.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. The Legislature intends that all the teachers in this state be protected from liability for monetary damages and the cost of defense of actions resulting from claims made against them arising out of occurrences in the course of activities in their professional capacity.
Section 2. This act shall be known as and may be cited as “The Teacher Protection Act of 2010.”
Section 3. (a) For purposes of this act, the following terms shall have the respective meanings ascribed by this section, except when the context clearly indicates a different meaning:
(1) “Certificated personnel” means all full-time teachers, principals, and other education personnel employed by a local board of education and required to hold a certificate issued by the State Superintendent of Education.
(2) “Student teacher” means a college or university student in an education degree program who, as part of the degree program, is in a local public school in a classroom setting providing instruction to students and being mentored by a teacher.
(3) “Local board of education” means any city or county board of education, the Board of Trustees of the Alabama Institute for Deaf and Blind, the Alabama Youth Services Board in its capacity as the Board of Education for the Youth Services School District, the Board of Directors of the Alabama School of Fine Arts, and the Board of Directors of the Alabama School of Mathematics and Science.
(b) The State Department of Education and the Department of Finance shall be authorized to purchase or provide a policy or policies of educator professional liability insurance, subject to appropriations by the Legislature, insuring certificated personnel who are employed by a local board of education and student teachers. Such policy or policies shall protect against damages arising out of the performance of their duties or in any way connected therewith. The amount of such insurance and the appropriate coverage shall be in the discretion of the Department of Finance. Specific appropriations by the Legislature to fund the program shall be included in the annual Education Trust Fund Appropriations Act. Any insurance carrier providing any portion of the educator professional liability coverage under the program must be selected by a competitive process. The amount of the appropriation for purchase of liability insurance remaining after liability insurance is provided shall revert to the Education Trust Fund.
(c) Insurance coverage provided pursuant to this section shall automatically cover all full-time certificated personnel who are employed by a local school system and student teachers and shall be at no cost to such certificated personnel or student teachers. Educator professional liability coverage may be extended at cost to all part-time certificated personnel who choose to participate in the state-provided program.
(d) The program of insurance under this act shall be jointly administered by the State Department of Education and Department of Finance and such departments are authorized to jointly promulgate any necessary rules and regulations to implement such program.
(e) The program of insurance shall be effective for insurance coverage of certificated personnel and student teachers no later than July 1, 2011.
Section 4. All laws or parts of laws which conflict with this act are repealed.
Section 5. This act shall become effective immediately following its passage and approval by the Governor, or its otherwise becoming law.