A measure to protect teachers, principals and other school administrators from civil litigation stemming from interventions in fights involving students or school employees has been signed into law by Louisiana Gov. John Bel Edwards.
Edwards signed House Bill 86, authored by Rep. Valarie Hodges (R-Denham Springs), earlier this month. The bill passed the state Senate on a 32-0 vote and the lower house by 94-0.
Current law provides liability protections to school officials when they discipline students under their supervision, unless the employee acted in a malicious and willful manner or with the intention to do bodily harm, according to the Legislature’s analysis of the bill.
HB 86 maintains that protection but goes on to provide immunity from civil and criminal liability for teachers, administrators and principals when they intervene to defend students or other school employees from acts of battery or aggravated battery. That protection is provided unless the intervention was done deliberately or willfully to cause bodily harm, the Legislature's analysis states.
"Teachers and school administrators are often in a no-win situation when a fight happens because of liability if someone is injured,” Hodges said in a statement emailed to the Louisiana Record. “Classrooms have become more difficult, and my Protect Our Teachers bill will provide teachers and administrators the assurance that if they choose to intervene, they will be protected from liability.”
In addition, such public school officials are expressly not required to intervene in any on-campus fight or battery, according to the Legislature’s analysis of the bill.
During discussions about the measure earlier this year, lawmakers said they received messages from teachers in support of the measure. Many teachers are leaving the profession or retiring because of concerns about becoming defendants in litigation, and HB 86 should help to address such concerns, lawmakers said.
HB 86 will take effect on Aug. 1 of this year.