# data[].attributes.body
As a candidate for principal as instructional leader, I am seeking out a position that includes managing several people and processes with potential legal liability. Negligence, which involves the failure to use reasonable care to avoid causing harm to someone, is the most com-mon in the educational setting (Walsh et al., 2014). It is vital that a principal ensure all staff know their duties and perform them as required to prevent injury to a student. I chose this topic because I understand the gravity of this position and completing further research will help me have a safe campus for everyone on it.

Reference:
Walsh, J., Maniotis, L., & Kemerer, F. R. (2014). The Educator’s Guide to Texas School Law (8th ed.). University of Texas Press. http://web.b.ebscohost.com.easydb.angelo.edu/ehost/ebookviewer/ebook/bmxlYmtfXzgxNDkxN19fQU41?sid=8d6e7114-f77a-47aa-9db9-a86f9399d20b%40sessionmgr101&vid=0&format=EB&rid=1#

# data[].attributes.body
Summary about negligence in education.

What are your thoughts about negligence?  Well, negligence is where someone neglects to do their job to the point that someone gets hurt. One of the main sad mottos you may hear is "get them in, get them fed and get them home safe" and that may unfortunately be true on some days because while education is what is considered our top priority, student safety is really tied with it.

What are some of the trends you see in negligence?
Well unfortunately most of the time it is an improper relationship with a student.

# data[].attributes.body
Negligence cases in education have traditionally been centered around student safety. So the schools did not have any potential liability if students were uneducated. That could potentially change now that there are agreed upon standards in place.

Citation:  American Association of School Administrators. (n.d.). A crack in the educational malpractice wall.

# data[].attributes.attachment_link.readable_text
As a former school law attorney (Terri) and a former superintendent (Todd), we were constantly concerned about potential liability when a student's constitutional rights may have been violated or when a student was physically injured.

However, if we received word of a potential lawsuit because a graduating high school senior could read only at an elementary-grade level, we knew it was an empty threat. While educators can be held liable for infringing on students' rights and for negligence that causes students physical harm, educators do not have a legal responsibility to educate students. In other words, educators can be sued for providing inadequate supervision, but not for providing inadequate instruction.

In the past, the lack of agreed-upon standards for teaching practice and public policy regarding financial responsibility formed the basis for the failure of lawsuits for educational malpractice. However, it has been 31 years since the landmark case Peter W. v. San Francisco Unified School District first grappled with the issue of educational malpractice. The court ultimately denied relief to the 18-year-old plaintiff student who claimed he graduated from high school reading at an elementary-grade level. This decision set a precedent that has been followed in subsequent educational malpractice cases.

Since that time, research on teaching and learning has informed instructional practices and public policy has shifted to requiring accountability for public education. Federal legislation, notably No Child Left Behind, and follow-on state legislation have created a high-stakes environment in which consequences are attached to student test scores. Accountability for educational outcomes has become the new public policy, leading to the possibility that the barriers to a lawsuit for educational malpractice now may be crumbling. As educational accountability increases, the time is right to revisit a possible case for educational malpractice. As the saying goes, forewarned is forearmed.

Standard of Care
Malpractice holds professionals to accepted and required standards of care when working with their patients or clients. Generally, professionals who engage in alleged professional misconduct or who allegedly lack appropriate skill resulting in injury may be liable for malpractice.

Malpractice often is distinguished from other wrongs committed by professionals in that it deals with the quality of the services rendered.

Professionals are held accountable through malpractice for failure to perform in accordance with skills required for their jobs. Professionals are expected to use a standard of care recognized by their profession as appropriate, based on the training received and the commonly held set of practices associated with the service rendered. Failure to exercise the accepted standard of care may form the basis for malpractice if the negligent delivery of the service is the legal cause for an injury.

Professionals, such as physicians and attorneys, are held individually accountable through malpractice suits when their professional actions fail to conform to acceptable practices, resulting in personal injury. However, educators are not required under threat of malpractice, as other professionals are, to perform their duties in accordance with the standard of care observed by their profession despite the fact educators are, and consider themselves to be, members of a learned profession.

The standard of care requirement has been one of the major barriers to successful educational malpractice suits. The seminal malpractice case is Peter W. v. San Francisco Unified School District. The plaintiff was an 18-year old student who had recently graduated from high school but could only read at the 5th-grade level. He argued the school district had a duty to provide him with an adequate education and the district breached that duty, harming his chances for future success.

The California Supreme Court held that education had no readily acceptable standards of care and that the science of pedagogy was "fraught with different and conflicting theories of how and what a child should be taught." In other words, the state's highest court ruled no stand-ards of teaching exist that guide our profession, unlike medicine or law.

The court also stated it could not allow educational malpractice suits to proceed upon public policy grounds. In an effort to protect the schools and their limited budgets, the court held the schools in California already were enmeshed in major litigation and did not want to pile on more potential litigation. In addressing the impact of potential malpractice suits on public schools, the court ruled: "The ultimate consequences, in terms of public time and money, would burden them - and society - beyond calculation."

Professional Duty
Three decades after Peter W. erected a barrier to educational malpractice lawsuits, we now have standards for students and standards for curriculum. We are developing sets of standards for teaching through the National Board for Professional Teaching Standards, research and interstate compacts.

In addition, most professional associations have defined in various terms of vagueness what a teacher should be able to do as a demonstration of best instructional practices. Arguably, a body of professional knowledge gained through research and collective professional wisdom is accepted by the various professional organizations to define what instructional duty is owed to students.

The second barrier of public policy concerns also shows signs of weakening. First, the high-stakes drive of No Child Left Behind has placed the issue of accountability clearly on the public agenda. Second, in 1998, California citizens passed Proposition 227, titled "English Language in Public Schools." This legislation opened the door to educational malpractice in that it allows parents or guardians to sue teachers who do not provide "nearly all classroom instruction" in English.

Proposition 227 provides a private cause of action when educators willfully and repeatedly fail to instruct a student under the provisions of the law. This is the core of educational malpractice: A teacher owes a duty to provide instruction in a particular manner, and the breach of that duty may result in the filing of a lawsuit.

Furthermore, NCLB requires that students be taught by highly qualified teachers and that all students will meet proficiency levels by 2014. Will the definition of highly qualified move beyond a definition of preparation to define the quality of teaching practice? In California, students have a right to be taught in English and can sue to ensure that right. Throughout the nation, students now are entitled to instruction delivered by a highly qualified teacher. A breach in the wall of protection may be occurring.

From a public policy perspective, the drive for accountability may well turn a reluctance to recognize a cause of action for educational malpractice on its head. Public policy once shielded school districts from such lawsuits. It is conceivable that legislators and the public will demand greater forms of accountability and may well turn to some limited form of educational malpractice to meet a more compelling social need than financial protection.

Customary Defenses
Should a cause of action for educational malpractice become a reality, several factors will likely impact and mitigate potential runaway damage awards. Damages could be limited to compensatory damages that would require the student receive additional schooling. This would shield school districts from some of the excessive awards associated with punitive damages. The model already exists in special education.

In addition, the traditional defenses to liability also would be available. In medicine, a surgeon may operate on a patient and follow all of the commonly accepted procedures for the operation and yet the patient may die. The death of the patient is not the measure of malpractice. Instead, the delivery of the standard of care concerning the operation is dispositive. In other words, a malpractice suit will not prevail if the patient dies in spite of the surgeon doing everything expected in the delivery of the professional service. The outcome of the rendering of professional services is not always positive.

The courts recognize that being a professional includes making judgment calls that may not always guarantee a positive result. Similarly, if educators were subject to malpractice, the core issue would not necessarily center on whether the student learned, but rather on whether the teacher's instruction was consistent with the required standards of the teaching profession.

Student behavior also may be a defense against liability. A student could not reasonably expect to blithely disregard the instructions of the teacher and then hold the teacher liable for his or her failure to learn. As with medicine, a patient must follow the directions of the physician. The patient who brings a malpractice suit must act as a reasonable person by following the directions of the physician. If a patient does not take the prescribed medication in the prescribed manner and an injury results, the patient may lose the case. Similarly, the student who does not complete assignments or does them in a slipshod fashion may jeopardize the malpractice case because of his or her contributory negligence. Simply put, failure to act reasonably by following the directions of the professional imperils the plaintiff's case.

Malpractice Defense
Should the wall of protection be breached and educational malpractice become a viable tort, it is possible the school or school district may be the defendant rather than an individual teacher. This is likely because of the context of education. Education is cumulative, with learning in one grade or class, building upon previous grades and classes. A student, such as Peter W., who graduates but cannot read beyond an elementary-school level may not be able to point to the inadequate instruction of one teacher as the cause of his or her educational injury. Consequently, the response to educational malpractice should be an institutional response.

At a minimum, school leaders will need to do the following to address potential malpractice liability:
* Hire only teachers who demonstrate mastery of the professional standards of practice.
* Target in-service activities to the accepted professional standards of practice.
* Document that teachers have taken part in the in-service programs.
* Focus the supervision of teachers on the accepted standards.
* Document student grades and completed assignments.
* Plan, deliver and document intervention strategies targeted for specific deficits.
* Save copies of rubrics used for scoring of student papers.

All must gain a broader understanding of the factors that impact learning. Those factors should be incorporated into profiles developed for each student. Learning is complex and involves many variables not controlled by teachers or the schools. These variables must be identified and noted. In addition, colleges and universities should retool their curricula to address the standards.

Though the barrier stands, the confluence of articulated standards and the full press for accountability may well breach the wall that has protected educators from litigation for malpractice. Educational malpractice could have momentous consequences for public schools and the definition of what it means to be a professional educator. Consequently, we cannot afford to believe we remain safe behind the wall as it may be starting to crumble.
Terri DeMitchell, a former school law attorney, is a children's author. E-mail: t.demitchell@comcast.net. Todd DeMitchell, a former California superintendent, is professor of education and justice studies at the University of New Hampshire. He is the author of Negligence: What Principals Need to Know About Avoiding Liability (Rowman & Littlefield).

# data[].attributes.attachment_link.title
AASA | American Association of School Administrators

# data[].attributes.attachment_link.description
As a former school law attorney (Terri) and a former superintendent (Todd), we were constantly concerned about potential liability when a student's constitutional rights may have been violated or when a student was physically injured. However, if we received word of a potential lawsuit because a graduating high school senior could read only at an elementary-grade level, we knew it was an empty threat.

# data[].attributes.attachment_link.readable_text
The family of a 19-year-old student with autism will receive a $2 million settlement from a Florida school district a year and a half after he choked on a chicken nugget and died.

The settlement approved by the Palm Beach County School Board on Wednesday, also sets up a mandatory training program - named in honor of Kedar Williams - for principals, teachers and other employees who work with special needs students, the South Florida SunSentinel reported.

"His parents are pleased not only with the settlement, but they are most proud of the fact they fought for their son and fought for a training program designed to address the deficiencies that led to Kedar's death," said Sia Baker-Barnes, a lawyer who represents his mother, Megan Williams, and estate.

Kedar Williams was rushed to a hospital Aug. 13, 2019, after choking on the chicken nugget at William T. Dwyer High in Palm Beach Gardens.

Williams had a form of autism that made him mostly non-verbal, and he also had a condition that made him prone to aspiration, or choking, the family said.

An aide was supposed to be assigned only to Williams, Baker-Barnes said. But video showed the aide was attending to another student when Williams choked.

"Having your son wave goodbye to you in the morning, before school, and then never seeing him alive again is a mother's worst nightmare. Our family has a gaping hole without Kedar in our lives," his mother, Megan Williams, said in a statement.

The boy's father, Jeffrey Williams, will share in the settlement. He is a teacher in Polk County.

"He's around children every day, so this is a reminder of the loss he feels," Salesia Smith-Gorden, a lawyer Jeffrey Williams, told the newspaper.

Normally, there's a cap of $300,000 for negligence or liability cases, unless a claims bill is filed in the Legislature, allowing a larger payout. But the family filed a lawsuit in federal court, in addition to state court, citing a violation of federal protections for students with disabilities. That enabled them to collect a larger settlement without the Legislature.

"While no amount of money will ever take away the pain caused by this tragedy, the School District of Palm Beach County hopes that the settlement reached with the Williams family will help to ease the burden of this tremendous loss," district spokeswoman Claudia Shea said in a statement.

# data[].attributes.attachment_link.title
Family of Florida student who choked on chicken nugget to get $2 million settlement from school district

# data[].attributes.attachment_link.description
The family of a 19-year-old student with autism will receive a $2 million settlement from a Florida school district a year and a half after he choked on a chicken nugget and died. The settlement approved by the Palm Beach County School Board on Wednesday, also sets up a mandatory training program - named in [...]

# data[].attributes.attachment_link.readable_text
An elementary school principal in the Hilton Central School District is accused sexually abusing nine students.

Here's what we know about the arrest of Kirk Ashton, the principal at Northwood Elementary on North Greece Road in Greece.
More: Hilton elementary principal charged with sexually abusing students
What are the charges?

Ashton, 51, was charged with six counts of first-degree sexual abuse and five counts of second-degree course of sexual conduct, both felonies, and nine counts of endangering the welfare of a child, a misdemeanor, according to the New York State Police.

According to New York State Police, the victims, all boys, are between the ages of eight and 12. Major Barry Chase said that all of the alleged sexual abuse connected to the current charges occurred within the school building during school hours over the last four years.

The abuse could go back years, according to the Monroe County District Attorney's Office.

Orders of protection were issued for eight of the alleged victims. The mother of the ninth alleged victim declined an order to protect her son's anonymity.

Ashton pleaded not guilty Wednesday night as he was arraigned in Greece Town Court. He was remanded to the Monroe County Jail in lieu of $500,000 cash bail or $1 million bond.

Are there more victims?

Potentially.

Assistant District Attorney SaraVanStrydonck, chief of the district attorney's child abuse and sex crimes bureau, said that the investigation is "ongoing and extremely active."

The current charges "represent a few years," but they would "be interested to talking with anyone with information," VanStrydonck said. "We have nine victims and the potential for many more."

Those with information are asked to State Police at (585) 279-0144. Potential victims can also contact the Bivona Child Advocacy Center at (585) 935-7800.

What about the statute of limitations?

The statute of limitations is also a factor when authorities file charges in connection with child abuse cases.

For felony rape, aggravated sex abuse and course of sexual conduct against a child, there is no statute of limitations in New York. The statute is five years for other felonies and two years for misdemeanors, according to the National District Attorneys Association National Center for Prosecution of Child Abuse.

However, the center notes that a prosecution for any offense involving misconduct in public office by a public servant may be commenced at any time during the defendant's service in such office or within five years after the termination of such service.

It was not immediately clear if a school principal would be considered a public servant or whether it is limited to elected government officials.

What's being done for the students?

"The School District has been cooperating fully with the State Police," Hilton Central School District said in a statement. "Our primary concern is for our students."

District officials said they will support staff and students at the school and that counselors will be available for students. The district, educators said, is working closely with the Bivona Child Advocacy Center.

Who is Kirk Ashton?

Ashton, who had been the principal at Northwood Elementary since 2004, was placed on administrative leave from the school district April 8. Assistant Principal Kelley O'Connell-Byrne is serving as interim principal at the school, which houses students in kindergarten through sixth grade.

Before coming to Hilton schools, Ashton worked for Rush-Henrietta Central School District between 1996 and 2004 at Vollmer Elementary in Henrietta and at Leary Elementary in Rush. He was also an elementary special educator/consultant teacher for four years and previously worked as a counselor at Crestwood Children's Center, which is part of the Hillside Family of Agencies.

His wife Elizabeth Bridget Ashton is the superintendent at Honeoye Central School District in Ontario County. The couple, who are Rush residents, have three grown children.

Wednesday's arrest was not Ashton's first brush with the law. He has two previous convictions for driving while intoxicated - a felony in 2007 and a misdemeanor in 1998, according to the DA's Office.

How did police learn of the alleged abuse?

New York State Police Major Barry Chase said troopers were alerted to the alleged sexual abuse on March 26, when someone called the state's child abuse hotline to report allegations of sexual abuse within the school.

The specifics of the message and who reported the alleged abuse were not disclosed. Chase said police immediately started investigating based on the call.

Ashton was last in contact with students on March 26, the last day of school before spring break, Chase said.
Contact Victoria Freile at vfreile@gannett.com. Follow her on Twitter @vfreile and Instagram @vfreile. This coverage is only possible with support from our readers.
Chase said that representatives from Bivona Child Advocacy Center had just completed educational programming at the school just before the March 26 call, "which likely resulted in people coming forward."

# data[].attributes.attachment_link.title
Hilton principal Kirk Ashton accused of sexually abusing students. What we know now

# data[].attributes.attachment_link.description
An elementary school principal in the Hilton Central School District is accused sexually abusing nine students. Here's what we know about the arrest of Kirk Ashton, the principal at Northwood Elementary on North Greece Road in Greece.

# data[].attributes.body
Constitutional Law
Citation: Tex. Const. §101.021

Establishes that government employees are immune from liability when something happens during the course of them performing their duties.

The exceptions are when operating a motor vehicle or when negligent in their duties.

# data[].attributes.attachment_link.readable_text
CIVIL PRACTICE AND REMEDIES CODE



TITLE 5. GOVERNMENTAL LIABILITY



CHAPTER 101. TORT CLAIMS



SUBCHAPTER A. GENERAL PROVISIONS



Sec. 101.001. DEFINITIONS. In this chapter:


(1) "Emergency service organization" means:


(A) a volunteer fire department, rescue squad, or an emergency medical services provider that is:


(i) operated by its members; and


(ii) exempt from state taxes by being listed as an exempt organization under Section 151.310 or 171.083, Tax Code; or


(B) a local emergency management or homeland security organization that is:


(i) formed and operated as a state resource in accordance with the statewide homeland security strategy developed by the governor under Section 421.002, Government Code; and


(ii) responsive to the Texas Division of Emergency Management in carrying out an all-hazards emergency management program under Section 418.112, Government Code.


(2) "Employee" means a person, including an officer or agent, who is in the paid service of a governmental unit by competent authority, but does not include an independent contractor, an agent or employee of an independent contractor, or a person who performs tasks the details of which the governmental unit does not have the legal right to control.


(3) "Governmental unit" means:


(A) this state and all the several agencies of government that collectively constitute the government of this state, including other agencies bearing different designations, and all departments, bureaus, boards, commissions, offices, agencies, councils, and courts;


(B) a political subdivision of this state, including any city, county, school district, junior college district, levee improvement district, drainage district, irrigation district, water improvement district, water control and improvement district, water control and preservation district, freshwater supply district, navigation district, conservation and reclamation district, soil conservation district, communication district, public health district, and river authority;


(C) an emergency service organization; and


(D) any other institution, agency, or organ of government the status and authority of which are derived from the Constitution of Texas or from laws passed by the legislature under the constitution.


(4) "Motor-driven equipment" does not include:


(A) equipment used in connection with the operation of floodgates or water release equipment by river authorities created under the laws of this state; or


(B) medical equipment, such as iron lungs, located in hospitals.


(5) "Scope of employment" means the performance for a governmental unit of the duties of an employee's office or employment and includes being in or about the performance of a task lawfully assigned to an employee by competent authority.


(6) "State government" means an agency, board, commission, department, or office, other than a district or authority created under Article XVI, Section 59, of the Texas Constitution, that:


(A) was created by the constitution or a statute of this state; and


(B) has statewide jurisdiction.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., ch. 693, Sec. 1, eff. June 19, 1987; Acts 1991, 72nd Leg., ch. 476, Sec. 1, eff. Aug. 26, 1991; Acts 1995, 74th Leg., ch. 827, Sec. 1, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 968, Sec. 1, eff. Sept. 1, 1997.


Amended by:


Acts 2011, 82nd Leg., R.S., Ch. 1101 (S.B. 1560), Sec. 1, eff. June 17, 2011.


Sec. 101.002. SHORT TITLE. This chapter may be cited as the Texas Tort Claims Act.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.003. REMEDIES ADDITIONAL. The remedies authorized by this chapter are in addition to any other legal remedies.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.004. STATUS OF MEDICAL RESIDENTS AND FELLOWS. For purposes of this chapter, a resident or fellow in a graduate medical training program for physicians that is sponsored by a governmental unit, including a medical and dental unit as defined by Section 61.003, Education Code, is considered to be an employee of a governmental unit regardless of the method or source of payment of the resident or fellow.


Added by Acts 2019, 86th Leg., R.S., Ch. 648 (S.B. 1755), Sec. 1, eff. June 10, 2019.


SUBCHAPTER B. TORT LIABILITY OF GOVERNMENTAL UNITS



Sec. 101.021. GOVERNMENTAL LIABILITY. A governmental unit in the state is liable for:


(1) property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if:


(A) the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment; and


(B) the employee would be personally liable to the claimant according to Texas law; and


(2) personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.0211. NO LIABILITY FOR JOINT ENTERPRISE. (a) The common law doctrine of vicarious liability because of participation in a joint enterprise does not impose liability for a claim brought under this chapter on:


(1) a water district created pursuant to either Sections 52(b)(1) and (2), Article III, or Section 59, Article XVI, Texas Constitution, regardless of how created; or


(2) a municipality with respect to the use of a municipal airport for space flight activities as defined by Section 100A.001 unless the municipality would otherwise be liable under Section 101.021.


(b) This section does not affect a limitation on liability or damages provided by this chapter, including a limitation under Section 101.023.


Added by Acts 2001, 77th Leg., ch. 1423, Sec. 35, eff. June 17, 2001.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 50 (H.B. 278), Sec. 2, eff. September 1, 2013.


Sec. 101.0215. LIABILITY OF A MUNICIPALITY. (a) A municipality is liable under this chapter for damages arising from its governmental functions, which are those functions that are enjoined on a municipality by law and are given it by the state as part of the state's sovereignty, to be exercised by the municipality in the interest of the general public, including but not limited to:


(1) police and fire protection and control;


(2) health and sanitation services;


(3) street construction and design;


(4) bridge construction and maintenance and street maintenance;


(5) cemeteries and cemetery care;


(6) garbage and solid waste removal, collection, and disposal;


(7) establishment and maintenance of jails;


(8) hospitals;


(9) sanitary and storm sewers;


(10) airports, including when used for space flight activities as defined by Section 100A.001;


(11) waterworks;


(12) repair garages;


(13) parks and zoos;


(14) museums;


(15) libraries and library maintenance;


(16) civic, convention centers, or coliseums;


(17) community, neighborhood, or senior citizen centers;


(18) operation of emergency ambulance service;


(19) dams and reservoirs;


(20) warning signals;


(21) regulation of traffic;


(22) transportation systems;


(23) recreational facilities, including but not limited to swimming pools, beaches, and marinas;


(24) vehicle and motor driven equipment maintenance;


(25) parking facilities;


(26) tax collection;


(27) firework displays;


(28) building codes and inspection;


(29) zoning, planning, and plat approval;


(30) engineering functions;


(31) maintenance of traffic signals, signs, and hazards;


(32) water and sewer service;


(33) animal control;


(34) community development or urban renewal activities undertaken by municipalities and authorized under Chapters 373 and 374, Local Government Code;


(35) latchkey programs conducted exclusively on a school campus under an interlocal agreement with the school district in which the school campus is located; and


(36) enforcement of land use restrictions under Subchapter E, Chapter 212, Local Government Code.


(b) This chapter does not apply to the liability of a municipality for damages arising from its proprietary functions, which are those functions that a municipality may, in its discretion, perform in the interest of the inhabitants of the municipality, including but not limited to:


(1) the operation and maintenance of a public utility;


(2) amusements owned and operated by the municipality; and


(3) any activity that is abnormally dangerous or ultrahazardous.


(c) The proprietary functions of a municipality do not include those governmental activities listed under Subsection (a).


Added by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.02, eff. Sept. 2, 1987. Amended by Acts 1997, 75th Leg., ch. 152, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1170, Sec. 2, eff. June 18, 1999; Acts 2001, 77th Leg., ch. 1399, Sec. 1, eff. June 16, 2001.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 50 (H.B. 278), Sec. 1, eff. September 1, 2013.


Sec. 101.022. DUTY OWED: PREMISE AND SPECIAL DEFECTS. (a) Except as provided in Subsection (c), if a claim arises from a premise defect, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property, unless the claimant pays for the use of the premises.


(b) The limitation of duty in this section does not apply to the duty to warn of special defects such as excavations or obstructions on highways, roads, or streets or to the duty to warn of the absence, condition, or malfunction of traffic signs, signals, or warning devices as is required by Section 101.060.


(c) If a claim arises from a premise defect on a toll highway, road, or street, the governmental unit owes to the claimant only the duty that a private person owes to a licensee on private property.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Amended by:


Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.88, eff. June 14, 2005.


Sec. 101.023. LIMITATION ON AMOUNT OF LIABILITY. (a) Liability of the state government under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.


(b) Except as provided by Subsection (c), liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.


(c) Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.


(d) Except as provided by Section 78.001, liability of an emergency service organization under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.03, eff. Sept. 2, 1987; Acts 1995, 74th Leg., ch. 827, Sec. 2, eff. Aug. 28, 1995; Acts 1997, 75th Leg., ch. 968, Sec. 2, eff. Sept. 1, 1997.


Sec. 101.024. EXEMPLARY DAMAGES. This chapter does not authorize exemplary damages.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.025. WAIVER OF GOVERNMENTAL IMMUNITY; PERMISSION TO SUE. (a) Sovereign immunity to suit is waived and abolished to the extent of liability created by this chapter.


(b) A person having a claim under this chapter may sue a governmental unit for damages allowed by this chapter.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.026. INDIVIDUAL'S IMMUNITY PRESERVED. To the extent an employee has individual immunity from a tort claim for damages, it is not affected by this chapter.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.027. LIABILITY INSURANCE. (a) Each governmental unit other than a unit of state government may purchase insurance policies protecting the unit and the unit's employees against claims under this chapter. A unit of state government may purchase such a policy only to the extent that the unit is authorized or required to do so under other law.


(b) The policies may relinquish to the insurer the right to investigate, defend, compromise, and settle any claim under this chapter to which the insurance coverage extends.


(c) This state or a political subdivision of the state may not require an employee to purchase liability insurance as a condition of employment if the state or the political subdivision is insured by a liability insurance policy.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1999, 76th Leg., ch. 1499, Sec. 1.01, eff. Sept. 1, 1999.


Sec. 101.028. WORKERS' COMPENSATION INSURANCE. A governmental unit that has workers' compensation insurance or that accepts the workers' compensation laws of this state is entitled to the privileges and immunities granted by the workers' compensation laws of this state to private individuals and corporations.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.029. LIABILITY FOR CERTAIN CONDUCT OF STATE PRISON INMATES. (a) The Department of Criminal Justice is liable for property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an inmate or state jail defendant housed in a facility operated by the department if:


(1) the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment;


(2) the inmate or defendant would be personally liable to the claimant for the property damage, personal injury, or death according to Texas law were the inmate or defendant a private person acting in similar circumstances; and


(3) the act, omission, or negligence was committed by the inmate or defendant acting in the course and scope of a task or activity that:


(A) the inmate or defendant performed at the request of an employee of the department; and


(B) the inmate or defendant performed under the control or supervision of the department.


(b) A claimant may not name the inmate or state jail defendant whose act or omission gave rise to the claim as a codefendant in an action brought under this section.


(c) A judgment in an action or a settlement of a claim against the Department of Criminal Justice under this section bars any action involving the same subject matter by the claimant against the inmate or state jail defendant whose act or omission gave rise to the claim. A judgment in an action or a settlement of a claim against an inmate or state jail defendant bars any action involving the same subject matter by the claimant against the Department of Criminal Justice under this section.


(d) This section does not apply to property damage, personal injury, or death sustained by an inmate or state jail defendant.


Added by Acts 1995, 74th Leg., ch. 321, Sec. 1.108, eff. Sept. 1, 1995. Amended by Acts 1999, 76th Leg., ch. 313, Sec. 1, eff. Sept. 1, 1999.


SUBCHAPTER C. EXCLUSIONS AND EXCEPTIONS



Sec. 101.051. SCHOOL AND JUNIOR COLLEGE DISTRICTS PARTIALLY EXCLUDED. Except as to motor vehicles, this chapter does not apply to a school district or to a junior college district.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.052. LEGISLATIVE. This chapter does not apply to a claim based on an act or omission of the legislature or a member of the legislature acting in his official capacity or to the legislative functions of a governmental unit.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.053. JUDICIAL. (a) This chapter does not apply to a claim based on an act or omission of a court of this state or any member of a court of this state acting in his official capacity or to a judicial function of a governmental unit. "Official capacity" means all duties of office and includes administrative decisions or actions.


(b) This chapter does not apply to a claim based on an act or omission of an employee in the execution of a lawful order of any court.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.04, eff. Sept. 2, 1987.


Sec. 101.054. STATE MILITARY PERSONNEL. This chapter does not apply to a claim arising from the activities of the state military forces when on active duty under the lawful orders of competent authority.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.055. CERTAIN GOVERNMENTAL FUNCTIONS. This chapter does not apply to a claim arising:


(1) in connection with the assessment or collection of taxes by a governmental unit;


(2) from the action of an employee while responding to an emergency call or reacting to an emergency situation if the action is in compliance with the laws and ordinances applicable to emergency action, or in the absence of such a law or ordinance, if the action is not taken with conscious indifference or reckless disregard for the safety of others; or


(3) from the failure to provide or the method of providing police or fire protection.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.05, eff. Sept. 2, 1987; Acts 1995, 74th Leg., ch. 139, Sec. 1, eff. Sept. 1, 1995.


Sec. 101.056. DISCRETIONARY POWERS. This chapter does not apply to a claim based on:


(1) the failure of a governmental unit to perform an act that the unit is not required by law to perform; or


(2) a governmental unit's decision not to perform an act or on its failure to make a decision on the performance or nonperformance of an act if the law leaves the performance or nonperformance of the act to the discretion of the governmental unit.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.057. CIVIL DISOBEDIENCE AND CERTAIN INTENTIONAL TORTS. This chapter does not apply to a claim:


(1) based on an injury or death connected with any act or omission arising out of civil disobedience, riot, insurrection, or rebellion; or


(2) arising out of assault, battery, false imprisonment, or any other intentional tort, including a tort involving disciplinary action by school authorities.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.058. LANDOWNER'S LIABILITY. To the extent that Chapter 75 limits the liability of a governmental unit under circumstances in which the governmental unit would be liable under this chapter, Chapter 75 controls.


Added by Acts 1995, 74th Leg., ch. 520, Sec. 4, eff. Aug. 28, 1995.


Sec. 101.059. ATTRACTIVE NUISANCES. This chapter does not apply to a claim based on the theory of attractive nuisance.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.060. TRAFFIC AND ROAD CONTROL DEVICES. (a) This chapter does not apply to a claim arising from:


(1) the failure of a governmental unit initially to place a traffic or road sign, signal, or warning device if the failure is a result of discretionary action of the governmental unit;


(2) the absence, condition, or malfunction of a traffic or road sign, signal, or warning device unless the absence, condition, or malfunction is not corrected by the responsible governmental unit within a reasonable time after notice; or


(3) the removal or destruction of a traffic or road sign, signal, or warning device by a third person unless the governmental unit fails to correct the removal or destruction within a reasonable time after actual notice.


(b) The signs, signals, and warning devices referred to in this section are those used in connection with hazards normally connected with the use of the roadway.


(c) This section does not apply to the duty to warn of special defects such as excavations or roadway obstructions.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.061. TORT COMMITTED BEFORE JANUARY 1, 1970. This chapter does not apply to a claim based on an act or omission that occurred before January 1, 1970.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.062. 9-1-1 EMERGENCY SERVICE. (a) In this section, "9-1-1 service" and "public agency" have the meanings assigned those terms by Section 771.001, Health and Safety Code.


(b) This chapter applies to a claim against a public agency that arises from an action of an employee of the public agency or a volunteer under direction of the public agency and that involves providing 9-1-1 service or responding to a 9-1-1 emergency call only if the action violates a statute or ordinance applicable to the action.


Added by Acts 1987, 70th Leg., ch. 236, Sec. 2, eff. Aug. 31, 1987. Amended by Acts 1991, 72nd Leg., ch. 14, Sec. 284(3), eff. Sept. 1, 1991.


Sec. 101.063. MEMBERS OF PUBLIC HEALTH DISTRICT. A governmental unit that is a member of a public health district is not liable under this chapter for any conduct of the district's personnel or for any condition or use of the district's property.


Added by Acts 1991, 72nd Leg., ch. 476, Sec. 2, eff. Aug. 26, 1991.


Sec. 101.064. LAND ACQUIRED UNDER FORECLOSURE OF LIEN OR BY CONVEYANCE IN SATISFACTION OF CERTAIN TAX DEBT. (a) This chapter does not apply to a claim:


(1) against a political subdivision of this state that acquires land:


(A) as a result of the foreclosure of a lien held by the political subdivision, including land that was bid off to the political subdivision under Section 34.01, Tax Code; or


(B) under Section 31.061, Tax Code;


(2) that arises after the date the land was acquired and before the date the land is sold, conveyed, or exchanged by the political subdivision; and


(3) that arises from:


(A) the condition of the land;


(B) a premises defect on the land; or


(C) an action committed by any person, other than an agent or employee of the political subdivision, on the land.


(b) In this section, "land" includes any building or improvement located on land acquired by a political subdivision.


Added by Acts 1995, 74th Leg., ch. 139, Sec. 5, eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 442, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 712, Sec. 2, eff. June 17, 1997.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 240 (S.B. 450), Sec. 1, eff. September 1, 2015.


Sec. 101.065. NEGLIGENCE OF OFF-DUTY LAW ENFORCEMENT OFFICERS. This chapter does not apply to the wrongful act or omission or the negligence of an officer commissioned by the Department of Public Safety if the officer was not on active duty at the time the act, omission, or negligence occurred. This section applies without regard to whether the officer was wearing a uniform purchased under Section 411.0078, Government Code, at the time the act, omission, or negligence occurred.


Added by Acts 1995, 74th Leg., ch. 738, Sec. 2, eff. Sept. 1, 1995. Renumbered from Civil Practice and Remedies Code Sec. 101.058 by Acts 1997, 75th Leg., ch. 165, Sec. 31.01(9), eff. Sept. 1, 1997.


Sec. 101.066. COMPUTER DATE FAILURE. This chapter does not apply to a claim for property damage caused by a computer date failure as described by Section 147.003.


Added by Acts 1999, 76th Leg., ch. 128, Sec. 3, eff. May 19, 1999.


Sec. 101.067. GRAFFITI REMOVAL. This chapter does not apply to a claim for property damage caused by the removal of graffiti under Section 250.006, Local Government Code.


Added by Acts 2009, 81st Leg., R.S., Ch. 1130 (H.B. 2086), Sec. 27, eff. September 1, 2009.


SUBCHAPTER D. PROCEDURES



Sec. 101.101. NOTICE. (a) A governmental unit is entitled to receive notice of a claim against it under this chapter not later than six months after the day that the incident giving rise to the claim occurred. The notice must reasonably describe:


(1) the damage or injury claimed;


(2) the time and place of the incident; and


(3) the incident.


(b) A city's charter and ordinance provisions requiring notice within a charter period permitted by law are ratified and approved.


(c) The notice requirements provided or ratified and approved by Subsections (a) and (b) do not apply if the governmental unit has actual notice that death has occurred, that the claimant has received some injury, or that the claimant's property has been damaged.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.102. COMMENCEMENT OF SUIT. (a) A suit under this chapter shall be brought in state court in the county in which the cause of action or a part of the cause of action arises.


(b) The pleadings of the suit must name as defendant the governmental unit against which liability is to be established.


(c) In a suit against the state, citation must be served on the secretary of state. In other suits, citation must be served as in other civil cases unless no method of service is provided by law, in which case service may be on the administrative head of the governmental unit being sued. If the administrative head of the governmental unit is not available, the court in which the suit is pending may authorize service in any manner that affords the governmental unit a fair opportunity to answer and defend the suit.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1987, 70th Leg., 1st C.S., ch. 2, Sec. 3.06, eff. Sept. 2, 1987.


Sec. 101.103. LEGAL REPRESENTATION. (a) The attorney general shall defend each action brought under this chapter against a governmental unit that has authority and jurisdiction coextensive with the geographical limits of this state. The attorney general may be fully assisted by counsel provided by an insurance carrier.


(b) A governmental unit having an area of jurisdiction smaller than the entire state shall employ its own counsel according to the organic act under which the unit operates, unless the governmental unit has relinquished to an insurance carrier the right to defend against the claim.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.104. EVIDENCE OF INSURANCE COVERAGE. (a) Neither the existence nor the amount of insurance held by a governmental unit is admissible in the trial of a suit under this chapter.


(b) Neither the existence nor the amount of the insurance is subject to discovery.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.105. SETTLEMENT. (a) A cause of action under this chapter may be settled and compromised by the governmental unit if, in a case involving the state the governor determines, or if, in other cases the governing body of the governmental unit determines, that the compromise is in the best interests of the governmental unit.


(b) Approval is not required if the governmental unit has acquired insurance under this chapter.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.106. ELECTION OF REMEDIES. (a) The filing of a suit under this chapter against a governmental unit constitutes an irrevocable election by the plaintiff and immediately and forever bars any suit or recovery by the plaintiff against any individual employee of the governmental unit regarding the same subject matter.


(b) The filing of a suit against any employee of a governmental unit constitutes an irrevocable election by the plaintiff and immediately and forever bars any suit or recovery by the plaintiff against the governmental unit regarding the same subject matter unless the governmental unit consents.


(c) The settlement of a claim arising under this chapter shall immediately and forever bar the claimant from any suit against or recovery from any employee of the same governmental unit regarding the same subject matter.


(d) A judgment against an employee of a governmental unit shall immediately and forever bar the party obtaining the judgment from any suit against or recovery from the governmental unit.


(e) If a suit is filed under this chapter against both a governmental unit and any of its employees, the employees shall immediately be dismissed on the filing of a motion by the governmental unit.


(f) If a suit is filed against an employee of a governmental unit based on conduct within the general scope of that employee's employment and if it could have been brought under this chapter against the governmental unit, the suit is considered to be against the employee in the employee's official capacity only. On the employee's motion, the suit against the employee shall be dismissed unless the plaintiff files amended pleadings dismissing the employee and naming the governmental unit as defendant on or before the 30th day after the date the motion is filed.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 2003, 78th Leg., ch. 204, Sec. 11.05, eff. Sept. 1, 2003.


Sec. 101.107. PAYMENT AND COLLECTION OF JUDGMENT. (a) A judgment in a suit under this chapter may be enforced only in the same manner and to the same extent as other judgments against the governmental unit are enforceable as provided by law, unless the governmental unit has liability or indemnity insurance protection, in which case the holder of the judgment may collect the judgment, to the extent of the insurer's liability, as provided in the insurance or indemnity contract or policy or as otherwise provided by law.


(b) A judgment or a portion of a judgment that is not payable by an insurer need not be paid by a governmental unit until the first fiscal year following the fiscal year in which the judgment becomes final.


(c) If in a fiscal year the aggregate amount of judgments under this chapter against a governmental unit that become final, excluding the amount payable by an insurer, exceeds one percent of the unit's budgeted tax funds for the fiscal year, excluding general obligation debt service requirements, the governmental unit may pay the judgments in equal annual installments for a period of not more than five years. If payments are extended under this subsection, the governmental unit shall pay interest on the unpaid balance at the rate provided by law.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.108. AD VALOREM TAXES FOR PAYMENT OF JUDGMENT. (a) A governmental unit not fully covered by liability insurance may levy an ad valorem tax for the payment of any final judgment under this chapter.


(b) If necessary to pay the amount of a judgment, the ad valorem tax rate may exceed any legal tax rate limit applicable to the governmental unit except a limit imposed by the constitution.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.


Sec. 101.109. PAYMENT OF CLAIMS AGAINST CERTAIN UNIVERSITIES. A claim under this chapter against a state-supported senior college or university is payable only by a direct legislative appropriation made to satisfy claims unless insurance has been acquired as provided by this chapter. If insurance has been acquired, the claimant is entitled to payment to the extent of the coverage as in other cases.


Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.

# data[].attributes.attachment_link.title
CIVIL PRACTICE AND REMEDIES CODE CHAPTER 101. TORT CLAIMS

# data[].attributes.attachment_link.description
CIVIL PRACTICE AND REMEDIES CODE TITLE 5. GOVERNMENTAL LIABILITY CHAPTER 101. TORT CLAIMS SUBCHAPTER A. GENERAL PROVISIONS Sec. 101.001. DEFINITIONS.

# data[].attributes.body
Statutory Law
Citation: TEC §22.0511

Establishes a professionals, including educators, immunity from liability when performing their duties.

An exception is stated when the professional was operating a motor vehicle or negligent of those duties.

Link:

# data[].attributes.attachment_link.readable_text
EDUCATION CODE



TITLE 2. PUBLIC EDUCATION



SUBTITLE D. EDUCATORS AND SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS



CHAPTER 22. SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS



SUBCHAPTER A. RIGHTS, DUTIES, AND BENEFITS



Sec. 22.001. SALARY DEDUCTIONS FOR PROFESSIONAL DUES. (a) A school district employee is entitled to have an amount deducted from the employee's salary for membership fees or dues to a professional organization. The employee must:


(1) file with the district a signed written request identifying the organization and specifying the number of pay periods per year the deductions are to be made; and


(2) inform the district of the total amount of the fees and dues for each year or have the organization notify the district of the amount.


(b) The district shall deduct the total amount of the fees or dues for a year in equal amounts per pay period for the number of periods specified by the employee. The deductions shall be made until the employee requests in writing that the deductions be discontinued.


(c) The school district may charge an administrative fee for making the deduction. A fee imposed for making a salary deduction under this section may not exceed either the actual administrative cost of making the deduction or the lowest fee the district charges for similar salary deductions, whichever is less.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 22.002. ASSIGNMENT, TRANSFER, OR PLEDGE OF COMPENSATION. (a) In this section, "school employee" means any person employed by a school district in an executive, administrative, or clerical capacity or as a superintendent, principal, teacher, or instructor.


(b) Any school employee's assignment, pledge, or transfer, as security for indebtedness, of any interest in or part of the employee's salary or wages then due or that may become due under an existing contract of employment is enforceable only:


(1) if, before or at the time of execution, delivery, or acceptance of an assignment, pledge, or transfer, written approval is obtained in accordance with the policy of the employing school district; and


(2) to the extent that the indebtedness it secures is a valid and enforceable obligation.


(c) A school district shall honor an assignment, pledge, or transfer fulfilling the conditions of Subsection (b) without incurring any liability to the school employee executing the assignment, pledge, or transfer. Payment to any assignee, pledgee, or transferee in accordance with the terms of the instrument constitutes payment to or for the account of the assignor, pledgor, or transferor. An assignment, pledge, or transfer is enforceable only to the extent of salary due or that may become due during continuation of the assignor's employment as a school employee.


(d) Venue for any suit against the employer of a school employee to enforce an assignment, pledge, or transfer of salary is in the county where the employing school is located.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 22.003. MINIMUM PERSONAL LEAVE PROGRAM. (a) A state minimum personal leave program consisting of five days per year personal leave with no limit on accumulation and transferable among districts shall be provided for school district employees. School districts may provide additional personal leave beyond this minimum. The board of trustees of a school district may adopt a policy governing an employee's use of personal leave granted under this subsection, except that the policy may not restrict:


(1) the purposes for which the leave may be used; or


(2) the order in which an employee may use the state minimum personal leave and any additional personal leave provided by the school district.


(b) In addition to all other days of leave provided by this section or by the school district, an employee of a school district who is physically assaulted during the performance of the employee's regular duties is entitled to the number of days of leave necessary to recuperate from all physical injuries sustained as a result of the assault. At the request of an employee, the school district must immediately assign an employee to assault leave and, on investigation of the claim, may change the assault leave status and charge the leave against the employee's accrued personal leave or against an employee's pay if insufficient accrued personal leave is available. Days of leave taken under this subsection may not be deducted from accrued personal leave. The period provided by this subsection may not extend more than two years beyond the date of the assault. Notwithstanding any other law, assault leave policy benefits due to an employee shall be coordinated with temporary income benefits due from workers' compensation so that the employee's total compensation from temporary income benefits and assault leave policy benefits equals 100 percent of the employee's weekly rate of pay.


(c) For purposes of Subsection (b), an employee of a school district is physically assaulted if the person engaging in the conduct causing injury to the employee:


(1) could be prosecuted for assault; or


(2) could not be prosecuted for assault only because the person's age or mental capacity makes the person a nonresponsible person for purposes of criminal liability.


(c-1) Any informational handbook a school district provides to employees in an electronic or paper form or makes available by posting on the district website must include notification of an employee's rights under Subsection (b) in the relevant section of the handbook. Any form used by a school district through which an employee may request leave under this section must include assault leave under Subsection (b) as an option.


(d) A school district employee with available personal leave under this section is entitled to use the leave for compensation during a term of active military service. This subsection applies to any personal or sick leave available under former law or provided by local policy of a school district, including a home-rule school district.


(e) A school district, including a home-rule school district, may adopt a policy providing for the paid leave of absence of employees taking leave for active military service as part of the consideration of employment by the district.


(f) A public school employee who retains any sick leave accumulated under former Section 13.904(a), as that section existed on January 1, 1995, is entitled to use the sick leave provided under that section or the personal leave provided under Subsection (a) in any order to the extent that the leave the employee uses is appropriate to the purpose of the leave.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 936, Sec. 1, eff. June 18, 1997; Acts 2001, 77th Leg., ch. 1015, Sec. 1, eff. June 15, 2001; Acts 2003, 78th Leg., ch. 971, Sec. 2, eff. June 20, 2003.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 19 (S.B. 522), Sec. 1, eff. May 12, 2009.


Acts 2009, 81st Leg., R.S., Ch. 379 (H.B. 1470), Sec. 1, eff. June 19, 2009.


Sec. 22.004. GROUP HEALTH BENEFITS FOR SCHOOL EMPLOYEES. (a) A district shall participate in the uniform group coverage program established under Chapter 1579, Insurance Code, as provided by Subchapter D of that chapter.


(b) A district that does not participate in the program described by Subsection (a) shall make available to its employees group health coverage provided by a risk pool established by one or more school districts under Chapter 172, Local Government Code, or under a policy of insurance or group contract issued by an insurer, a company subject to Chapter 842, Insurance Code, or a health maintenance organization under Chapter 843, Insurance Code. The coverage must meet the substantive coverage requirements of Chapter 1251, Subchapter A, Chapter 1364, and Subchapter A, Chapter 1366, Insurance Code, and any other law applicable to group health insurance policies or contracts issued in this state. The coverage must include major medical treatment but may exclude experimental procedures. In this subsection, "major medical treatment" means a medical, surgical, or diagnostic procedure for illness or injury. The coverage may include managed care or preventive care and must be comparable to the basic health coverage provided under Chapter 1551, Insurance Code. The following factors shall be considered in determining whether the district's coverage is comparable to the basic health coverage specified by this subsection:


(1) the deductible amount for service provided inside and outside of the network;


(2) the coinsurance percentages for service provided inside and outside of the network;


(3) the maximum amount of coinsurance payments a covered person is required to pay;


(4) the amount of the copayment for an office visit;


(5) the schedule of benefits and the scope of coverage;


(6) the lifetime maximum benefit amount; and


(7) verification that the coverage is issued by a provider licensed to do business in this state by the Texas Department of Insurance or is provided by a risk pool authorized under Chapter 172, Local Government Code, or that a district is capable of covering the assumed liabilities in the case of coverage provided through district self-insurance.


(c) The cost of the coverage provided under the program described by Subsection (a) shall be paid by the state, the district, and the employees in the manner provided by Subchapter F, Chapter 1579, Insurance Code. The cost of coverage provided under a plan adopted under Subsection (b) shall be shared by the employees and the district using the contributions by the state described by Subchapter F, Chapter 1579, Insurance Code, or Subchapter D.


(d) Each district that does not participate in the program described by Subsection (a) shall prepare a report addressing the district's compliance with this section. The report must be available for review, together with the policy or contract for the group health coverage plan, at the central administrative office of each campus in the district and be posted on the district's Internet website if the district maintains a website, must be based on the district group health coverage plan in effect during the current plan year, and must include:


(1) appropriate documentation of:


(A) the district's contract for group health coverage with a provider licensed to do business in this state by the Texas Department of Insurance or a risk pool authorized under Chapter 172, Local Government Code; or


(B) a resolution of the board of trustees of the district authorizing a self-insurance plan for district employees and of the district's review of district ability to cover the liability assumed;


(2) the schedule of benefits;


(3) the premium rate sheet, including the amount paid by the district and employee;


(4) the number of employees covered by the health coverage plan offered by the district; and


(5) information concerning the ease of completing the report.


(e) Repealed by Acts 2013, 83rd Leg., R.S., Ch. 1312, Sec. 99(1), eff. September 1, 2013.


(f) A school district that does not participate in the program described by Subsection (a) may not contract with an insurer, a company subject to Chapter 842, Insurance Code, or a health maintenance organization to issue a policy or contract under this section, or with any person to assist the school district in obtaining or managing the policy or contract unless, before the contract is entered into, the insurer, company, organization, or person provides the district with an audited financial statement showing the financial condition of the insurer, company, organization, or person.


(g) An insurer, a company subject to Chapter 842, Insurance Code, or a health maintenance organization that issues a policy or contract under this section and any person that assists the school district in obtaining or managing the policy or contract for compensation shall provide an annual audited financial statement to the school district showing the financial condition of the insurer, company, organization, or person.


(h) An audited financial statement provided under this section must be made in accordance with rules adopted by the commissioner of insurance or with generally accepted accounting principles, as applicable.


(i) Notwithstanding any other provision of this section, a district participating in the uniform group coverage program established under Chapter 1579, Insurance Code, may not make group health coverage available to its employees under this section after the date on which the program of coverages provided under Chapter 1579, Insurance Code, is implemented.


(j) This section does not preclude a district that is participating in the uniform group coverage program established under Chapter 1579, Insurance Code, from entering into contracts to provide optional insurance coverages for the employees of the district.


(k) Notwithstanding any other law, an employee of a district participating in the uniform group coverage program under Subsection (a) or providing group health coverage under Subsection (b) whose resignation is effective after the last day of an instructional year is entitled to participate or be enrolled in the uniform group coverage plan or the group health coverage through the earlier of:


(1) the first anniversary of the date participation in or coverage under the uniform group coverage plan or the group health coverage was first made available to district employees for the last instructional year in which the employee was employed by the district; or


(2) the last calendar day before the first day of the instructional year immediately following the last instructional year in which the employee was employed by the district.


(l) If an employee's resignation is effective after the last day of an instructional year, the district may not diminish or eliminate the amount of a contribution available to the employee under Chapter 1581, Insurance Code, before the last date on which the employee is entitled to participation or enrollment under Subsection (k).


(m) Notwithstanding any other law, group health benefit coverage provided by or offered through a district to district employees under any law is subject to the requirements of Sections 1501.102-1501.105, Insurance Code. This section applies to all group health benefit coverage provided by or offered through a district to district employees, including:


(1) a standard health benefit plan issued under Chapter 1507, Insurance Code; and


(2) health and accident coverage provided through a risk pool established under Chapter 172, Local Government Code.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1416, Sec. 37, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1540, Sec. 28, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 1187, Sec. 3.18, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 785, Sec. 56, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1276, Sec. 10A.511, eff. Sept. 1, 2003.


Amended by:


Acts 2005, 79th Leg., Ch. 386 (S.B. 1448), Sec. 1, eff. September 1, 2005.


Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.108, eff. September 1, 2005.


Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 18.01, eff. September 1, 2005.


Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 4, eff. September 1, 2005.


Acts 2007, 80th Leg., R.S., Ch. 108 (H.B. 973), Sec. 1, eff. September 1, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1230 (H.B. 2427), Sec. 14, eff. September 1, 2007.


Acts 2009, 81st Leg., R.S., Ch. 103 (H.B. 1364), Sec. 1, eff. September 1, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 370 (S.B. 155), Sec. 1, eff. September 1, 2011.


Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 99(1), eff. September 1, 2013.


Acts 2017, 85th Leg., R.S., Ch. 931 (S.B. 1664), Sec. 1, eff. September 1, 2017.


Sec. 22.005. HEALTH CARE PLAN AND FUND. (a) The board of trustees of a school district may establish a health care plan for employees of the district and dependents of employees.


(b) In implementing the health care plan, the board shall establish a fund to pay, as authorized under the plan, all or part of the actual costs for hospital, surgical, medical, dental, or related health care incurred by employees of the district or any dependent whose participation in the program is being supported by deductions from the salary of an employee. Under the plan, the fund also may be used to pay the costs of administering the fund. The fund consists of money contributed by the school district and money deducted from salaries of employees for dependent or employee coverage. Money for the fund may not be deducted from the salary of a school district employee unless the employee authorizes the deduction in writing. The plan shall attempt to protect the school district against unanticipated catastrophic individual loss, or unexpectedly large aggregate loss, by securing individual stop-loss coverage, or aggregate stop-loss coverage, or both, from a commercial insurer.


(c) The board may amend or cancel the district's health care plan at any regular or special meeting of the board. If the plan is canceled, any valid claim against the fund for payment of health care costs resulting from illness or injury occurring during the time the plan was in effect shall be paid out of the fund. If the fund is insufficient to pay the claim, the costs shall be paid out of other available school district funds.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 22.006. DISCRIMINATION BASED ON JURY SERVICE PROHIBITED. (a) A school district may not discharge, discipline, reduce the salary of, or otherwise penalize or discriminate against a school district employee because of the employee's compliance with a summons to appear as a juror.


(b) For each regularly scheduled workday on which a nonsalaried employee serves in any phase of jury service, a school district shall pay the employee the employee's normal daily compensation.


(c) An employee's accumulated personal leave may not be reduced because of the employee's service in compliance with a summons to appear as a juror.


Added by Acts 1999, 76th Leg., ch. 656, Sec. 1, eff. Aug. 30, 1999.


Sec. 22.007. INCENTIVES FOR EARLY RETIREMENT. A district may not offer or provide a financial or other incentive to an employee of the district to encourage the employee to retire from the Teacher Retirement System of Texas.


Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 5, eff. September 1, 2005.


Sec. 22.011. REQUIRING OR COERCING EMPLOYEES TO MAKE CHARITABLE CONTRIBUTIONS. (a) A school district board of trustees or school district employee may not directly or indirectly require or coerce any school district employee to:


(1) make a contribution to a charitable organization or in response to a fund-raiser; or


(2) attend a meeting called for the purpose of soliciting charitable contributions.


(b) A school district board of trustees or school district employee may not directly or indirectly require or coerce any school district employee to refrain from:


(1) making a contribution to a charitable organization or in response to a fund-raiser; or


(2) attending a meeting called for the purpose of soliciting charitable contributions.


Added by Acts 2011, 82nd Leg., R.S., Ch. 284 (H.B. 1682), Sec. 1, eff. June 17, 2011.


SUBCHAPTER B. CIVIL IMMUNITY



Sec. 22.051. DEFINITION; OTHER IMMUNITY. (a) In this subchapter, "professional employee of a school district" includes:


(1) a superintendent, principal, teacher, including a substitute teacher, supervisor, social worker, school counselor, nurse, and teacher's aide employed by a school district;


(2) a teacher employed by a company that contracts with a school district to provide the teacher's services to the district;


(3) a student in an education preparation program participating in a field experience or internship;


(4) a school bus driver certified in accordance with standards and qualifications adopted by the Department of Public Safety of the State of Texas;


(5) a member of the board of trustees of an independent school district; and


(6) any other person employed by a school district whose employment requires certification and the exercise of discretion.


(b) The statutory immunity provided by this subchapter is in addition to and does not preempt the common law doctrine of official and governmental immunity.


Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2013, 83rd Leg., R.S., Ch. 443 (S.B. 715), Sec. 17, eff. June 14, 2013.


Sec. 22.0511. IMMUNITY FROM LIABILITY. (a) A professional employee of a school district is not personally liable for any act that is incident to or within the scope of the duties of the employee's position of employment and that involves the exercise of judgment or discretion on the part of the employee, except in circumstances in which a professional employee uses excessive force in the discipline of students or negligence resulting in bodily injury to students.


(b) This section does not apply to the operation, use, or maintenance of any motor vehicle.


(c) In addition to the immunity provided under this section and under other provisions 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. Nothing in this subsection shall be construed to limit or abridge any immunity or protection afforded an individual under state law. For purposes of this subsection, "individual" includes a person who provides services to private schools, to the extent provided by federal law.


(d) A school district may not by policy, contract, or administrative directive:


(1) require a district employee to waive immunity from liability for an act for which the employee is immune from liability under this section; or


(2) require a district employee who acts in good faith to pay for or replace property belonging to a student or other person that is or was in the possession of the employee because of an act that is incident to or within the scope of the duties of the employee's position of employment.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Renumbered from Sec. 22.051 and amended by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 116 (S.B. 370), Sec. 1, eff. May 17, 2007.


Sec. 22.0512. IMMUNITY FROM DISCIPLINARY PROCEEDINGS FOR PROFESSIONAL EMPLOYEES. (a) A professional employee of a school district may not be subject to disciplinary proceedings for the employee's use of physical force against a student to the extent justified under Section 9.62, Penal Code.


(b) In this section, "disciplinary proceeding" means:


(1) an action brought by the school district employing a professional employee of a school district to discharge or suspend the employee or terminate or not renew the employee's term contract; or


(2) an action brought by the State Board for Educator Certification to enforce the educator's code of ethics adopted under Section 21.041(b)(8).


(c) This section does not prohibit a school district from:


(1) enforcing a policy relating to corporal punishment; or


(2) notwithstanding Subsection (a), bringing a disciplinary proceeding against a professional employee of the district who violates the district policy relating to corporal punishment.


Added by Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.


Sec. 22.0513. NOTICE OF CLAIM. (a) Not later than the 90th day before the date a person files a suit against a professional employee of a school district, the person must give written notice to the employee of the claim, reasonably describing the incident from which the claim arose.


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


(c) The court shall abate the suit if the court, after a hearing, finds that the person is entitled to an abatement because notice was not provided as required by this section.


(d) An abatement under Subsection (c) continues until the 90th day after the date that written notice is given to the professional employee of a school district as provided by Subsection (a).


Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.


Sec. 22.0514. EXHAUSTION OF REMEDIES. A person may not file 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.


Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.


Sec. 22.0515. LIMITATION ON DAMAGES. The liability of a professional employee of a school district or of an individual that is entitled to any immunity and other protections afforded under the Paul D. Coverdell Teacher Protection Act of 2001 (20 U.S.C. Section 6731 et seq.), as amended, for an act incident to or within the scope of duties of the employee's position of employment may not exceed $100,000. The limitation on liability provided by this subsection does not apply to any attorney's fees or court costs that may be awarded against the professional employee under Section 22.0517.


Added by Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.


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


Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, Sec. 1, eff. Sept. 1, 2003.


Sec. 22.0517. RECOVERY OF ATTORNEY'S FEES IN ACTION AGAINST PROFESSIONAL EMPLOYEE. In an action against a professional employee of a school district involving an act that is incidental to or within the scope of duties of the employee's position of employment and brought against the employee in the employee's individual capacity, the employee is entitled to recover attorney's fees and court costs from the plaintiff if the employee is found immune from liability under this subchapter.


Added by Acts 2003, 78th Leg., ch. 204, Sec. 15.01, eff. Sept. 1, 2003; Acts 2003, 78th Leg. ch. 1197, Sec. 1, eff. Sept. 1, 2003.


Sec. 22.052. ADMINISTRATION OF MEDICATION BY SCHOOL DISTRICT EMPLOYEES OR VOLUNTEER PROFESSIONALS; IMMUNITY FROM LIABILITY. (a) On the adoption of policies concerning the administration of medication to students by school district employees, the school district, its board of trustees, and its employees are immune from civil liability from damages or injuries resulting from the administration of medication to a student if:


(1) the school district has received a written request to administer the medication from the parent, legal guardian, or other person having legal control of the student; and


(2) when administering prescription medication, the medication is administered either:


(A) from a container that appears to be:


(i) the original container; and


(ii) properly labeled; or


(B) from a properly labeled unit dosage container filled by a registered nurse or another qualified district employee, as determined by district policy, from a container described by Paragraph (A).


(b) The board of trustees may allow a licensed physician or registered nurse who provides volunteer services to the school district and for whom the district provides liability insurance to administer to a student:


(1) nonprescription medication; or


(2) medication currently prescribed for the student by the student's personal physician.


(c) This section may not be construed as granting immunity from civil liability for injuries resulting from gross negligence.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 1197, Sec. 2, eff. Sept. 1, 2003.


Sec. 22.053. SCHOOL DISTRICT VOLUNTEERS. (a) A volunteer who is serving as a direct service volunteer of a school district is immune from civil liability to the same extent as a professional employee of a school district under Section 22.0511.


(b) In this section, "volunteer" means a person providing services for or on behalf of a school district, on the premises of the district or at a school-sponsored or school-related activity on or off school property, who does not receive compensation in excess of reimbursement for expenses.


(c) This section does not limit the liability of a person for intentional misconduct or gross negligence.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2003, 78th Leg., ch. 204, Sec. 15.02, eff. Sept. 1, 2003; Acts 2003, 78th Leg., ch. 1197, Sec. 3, eff. Sept. 1, 2003.


Sec. 22.054. LIABILITY OF CERTAIN INSTITUTIONS OF HIGHER EDUCATION. (a) A private or independent institution of higher education is not liable for damages arising from an act or omission of a person associated with the institution, including an employee or student, arising in the course and scope of that person's activities as a volunteer in a primary or secondary school.


(b) A school district may agree to provide or pay for attorney services for the defense of a private or independent institution of higher education if:


(1) the institution is assisting in the provision of volunteer services to primary or secondary schools in the district;


(2) a claim for damages is brought against the institution in relation to those services; and


(3) the board of trustees of the school district reasonably believes that the institution is not liable for the claim under Subsection (a).


(c) In this section:


(1) "Private or independent institution of higher education" has the meaning assigned by Section 61.003.


(2) "Volunteer" means a person rendering services for or on behalf of a public school who does not receive compensation from the district in excess of reimbursement for expenses. The person may receive compensation from a person other than the district.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 22.055. FRIVOLOUS SUIT AGAINST EMPLOYEE. A court may award costs and reasonable attorney's fees to a school district employee acting under color of employment to the same extent that a court may award costs and attorney's fees to a school district or school district officer under Section 11.161.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


SUBCHAPTER C. CRIMINAL HISTORY RECORDS



Sec. 22.081. DEFINITIONS. In this subchapter:


(1) "Department" means the Department of Public Safety.


(3) "Private school" means a school that:


(A) offers a course of instruction for students in one or more grades from prekindergarten through grade 12; and


(B) is not operated by a governmental entity.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 6, eff. June 15, 2007.


Sec. 22.0815. APPLICABILITY OF SUBCHAPTER TO DISTRICTS OF INNOVATION AND OTHER CHARTER ENTITIES. (a) In this section, "other charter entity" has the meaning assigned by Section 21.006.


(b) A prohibition, restriction, or requirement imposed by this subchapter on an open-enrollment charter school applies to the same extent to a district of innovation or other charter entity.


(c) The failure of a district of innovation to provide information required under Section 22.0832 may result in termination of the district's designation as a district of innovation.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.013, eff. September 1, 2019.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 6, eff. June 15, 2007.


Sec. 22.0825. ACCESS TO CRIMINAL HISTORY RECORDS BY TEXAS EDUCATION AGENCY. (a) In this section, "other charter entity" has the meaning assigned by Section 21.006.


(b) The agency shall subscribe to the criminal history clearinghouse as provided by Section 411.0845, Government Code, and may obtain from any law enforcement or criminal justice agency all criminal history record information and all records contained in any closed criminal investigation file that relate to a specific applicant for employment or current or former employee of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.013, eff. September 1, 2019.


Sec. 22.083. ACCESS TO CRIMINAL HISTORY RECORDS OF EMPLOYEES BY LOCAL AND REGIONAL EDUCATION AUTHORITIES. (a) A school district, open-enrollment charter school, or shared services arrangement shall obtain criminal history record information that relates to a person who is not subject to a national criminal history record information review under this subchapter and who is an employee of:


(1) the district or school; or


(2) a shared services arrangement, if the employee's duties are performed on school property or at another location where students are regularly present.


(a-1) A school district, open-enrollment charter school, or shared services arrangement may obtain the criminal history record information from:


(1) the department;


(2) a law enforcement or criminal justice agency; or


(3) a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.).


(a-2) A shared services arrangement may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person who is not subject to Subsection (a) and whom the shared services arrangement intends to employ in any capacity.


(b) A private school or regional education service center may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to:


(1) a person whom the school or service center intends to employ in any capacity; or


(2) an employee of or applicant for employment by a person that contracts with the school or service center to provide services, if:


(A) the employee or applicant has or will have continuing duties related to the contracted services; and


(B) the employee or applicant has or will have direct contact with students.


(c) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1372, Sec. 27, eff. June 15, 2007.


(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1372, Sec. 27, eff. June 15, 2007.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 2001, 77th Leg., ch. 1504, Sec. 20, eff. Sept. 1, 2001.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 7, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 8, eff. June 15, 2007.


Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 27, eff. June 15, 2007.


Sec. 22.0831. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTIFIED EDUCATORS. (a) In this section, "board" means the State Board for Educator Certification.


(b) This section applies to a person who is an applicant for or holder of a certificate under Subchapter B, Chapter 21, and who is employed by or is an applicant for employment by a school district, open-enrollment charter school, or shared services arrangement.


(c) The board shall review the national criminal history record information of a person who has not previously submitted fingerprints to the department or been subject to a national criminal history record information review.


(d) The board shall place an educator's certificate on inactive status for failure to comply with a deadline for submitting information required under this section.


(e) The board may allow a person who is applying for a certificate under Subchapter B, Chapter 21, and who currently resides in another state to submit the person's fingerprints and other required information in a manner that does not impose an undue hardship on the person.


(f) The board may propose rules to implement this section, including rules establishing:


(1) deadlines for a person to submit fingerprints and photographs in compliance with this section; and


(2) sanctions for a person's failure to comply with the requirements of this section, including suspension or revocation of a certificate or refusal to issue a certificate.


(g) Expired.


Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 9, eff. June 15, 2007.


Sec. 22.0832. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTAIN OPEN-ENROLLMENT CHARTER SCHOOL EMPLOYEES. (a) The agency shall review the national criminal history record information of an employee of an open-enrollment charter school to whom Section 12.1059 applies in the same manner as the State Board for Educator Certification reviews certified educators under Section 22.0831. If the agency determines that, based on information contained in an employee's criminal history record information, the employee would not be eligible for educator certification under Subchapter B, Chapter 21, the agency shall notify the open-enrollment charter school in writing that the person may not be employed by the school or serve in a capacity described by Section 12.1059.


(b) An open-enrollment charter school must provide the agency with any information requested by the agency to enable the agency to complete a review under Subsection (a). Failure of an open-enrollment charter school to provide information under this subsection is a material violation of the school's charter.


Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 9, eff. June 15, 2007.


Sec. 22.0833. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF NONCERTIFIED EMPLOYEES. (a) This section applies to a person who is not an applicant for or holder of a certificate under Subchapter B, Chapter 21, and who on or after January 1, 2008, is offered employment by:


(1) a school district or open-enrollment charter school; or


(2) a shared services arrangement, if the employee's or applicant's duties are or will be performed on school property or at another location where students are regularly present.


(b) A person to whom this section applies must submit to a national criminal history record information review under this section before being employed or serving in a capacity described by Subsection (a).


(c) Before or immediately after employing or securing the services of a person to whom this section applies, a school district, open-enrollment charter school, or shared services arrangement shall send or ensure that the person sends to the department information that is required by the department for obtaining national criminal history record information, which may include fingerprints and photographs.


(d) The department shall obtain the person's national criminal history record information and report the results through the criminal history clearinghouse as provided by Section 411.0845, Government Code.


(e) Each school district, open-enrollment charter school, and shared services arrangement shall obtain all criminal history record information that relates to a person to whom this section applies through the criminal history clearinghouse as provided by Section 411.0845, Government Code, and shall subscribe to the criminal history record information of the person.


(f) The school district, open-enrollment charter school, or shared services arrangement may require a person to pay any fees related to obtaining criminal history record information under this section.


(g) A school district, open-enrollment charter school, or shared services arrangement shall provide the agency with the name of a person to whom this section applies. The agency shall obtain all criminal history record information of the person through the criminal history clearinghouse as provided by Section 411.0845, Government Code. The agency shall examine the criminal history record information of the person and notify the district, school, or shared services arrangement if the person may not be hired or must be discharged as provided by Section 22.085.


(h) The agency, the State Board for Educator Certification, school districts, open-enrollment charter schools, and shared services arrangements may coordinate as necessary to ensure that criminal history reviews authorized or required under this subchapter are not unnecessarily duplicated.


(i) The department in coordination with the commissioner may adopt rules necessary to implement this section.


Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 9, eff. June 15, 2007.


Sec. 22.0834. CRIMINAL HISTORY RECORD INFORMATION REVIEW OF CERTAIN CONTRACT EMPLOYEES. (a) Except as provided by Subsection (a-1), this subsection applies to a person who is not an applicant for or holder of a certificate under Subchapter B, Chapter 21, and who on or after January 1, 2008, is offered employment by an entity that contracts with a school district, open-enrollment charter school, or shared services arrangement to provide services, if:


(1) the employee or applicant has or will have continuing duties related to the contracted services; and


(2) the employee or applicant has or will have direct contact with students.


(a-1) This section does not apply to a contracting entity, subcontracting entity, or other person subject to Section 22.08341.


(b) A person to whom Subsection (a) applies must submit to a national criminal history record information review under this section before being employed or serving in a capacity described by that subsection.


(c) Before or immediately after employing or securing the services of a person to whom Subsection (a) applies, the entity contracting with a school district, open-enrollment charter school, or shared services arrangement shall send or ensure that the person sends to the department information that is required by the department for obtaining national criminal history record information, which may include fingerprints and photographs. The department shall obtain the person's national criminal history record information and report the results through the criminal history clearinghouse as provided by Section 411.0845, Government Code.


(d) An entity contracting with a school district, open-enrollment charter school, or shared services arrangement shall obtain all criminal history record information that relates to a person to whom Subsection (a) applies through the criminal history clearinghouse as provided by Section 411.0845, Government Code. The entity shall certify to the school district that the entity has received all criminal history record information relating to a person to whom Subsection (a) applies.


(e) A school district, open-enrollment charter school, or shared services arrangement may obtain the criminal history record information of a person to whom this section applies through the criminal history clearinghouse as provided by Section 411.0845, Government Code.


(f) In the event of an emergency, a school district may allow a person to whom Subsection (a) or (g) applies to enter school district property if the person is accompanied by a district employee. A school district may adopt rules regarding an emergency situation under this subsection.


(g) An entity that contracts with a school district, open-enrollment charter school, or shared services arrangement to provide services shall obtain from any law enforcement or criminal justice agency or a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), all criminal history record information that relates to an employee of the entity who is employed before January 1, 2008, and who is not subject to a national criminal history record information review under Subsection (b) if:


(1) the employee has continuing duties related to the contracted services; and


(2) the employee has direct contact with students.


(h) A school district, open-enrollment charter school, or shared services arrangement may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person to whom Subsection (g) applies.


(i) An entity shall certify to a school district that it has received all criminal history record information required by Subsection (g).


(j) The commissioner may adopt rules as necessary to implement this section.


(k) The requirements of this section apply to an entity that contracts directly with a school district, open-enrollment charter school, or shared services arrangement and any subcontractor of the entity.


(l) A contracting entity shall require that a subcontracting entity obtain all criminal history record information that relates to an employee to whom Subsection (a) applies. If a contracting or subcontracting entity determines that Subsection (a) does not apply to an employee, the contracting or subcontracting entity shall make a reasonable effort to ensure that the conditions or precautions that resulted in the determination that Subsection (a) did not apply to the employee continue to exist throughout the time that the contracted services are provided.


(m) A contracting entity complies with the requirements of this section if the contracting entity obtains a written statement from each subcontracting entity certifying that the subcontracting entity has obtained the required criminal history record information for employees of the subcontracting entity and the subcontracting entity has obtained certification from each of the subcontracting entity's subcontractors.


(n) A subcontracting entity must certify to the school district, open-enrollment charter school, or shared services arrangement and the contracting entity that the subcontracting entity has obtained all criminal history record information that relates to an employee to whom Subsection (a) applies and has obtained similar written certifications from the subcontracting entity's subcontractors.


(o) A contracting or subcontracting entity may not permit an employee to whom Subsection (a) applies to provide services at a school if the employee has been convicted of a felony or misdemeanor offense that would prevent a person from being employed under Section 22.085(a).


(p) In this section:


(1) "Contracting entity" means an entity that contracts directly with a school district, open-enrollment charter school, or shared services arrangement to provide services to the school district, open-enrollment charter school, or shared services arrangement.


(2) "Subcontracting entity" means an entity that contracts with another entity that is not a school district, open-enrollment charter school, or shared services arrangement to provide services to a school district, open-enrollment charter school, or shared services arrangement.


Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 9, eff. June 15, 2007.


Amended by:


Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 6.11, eff. September 1, 2009.


Acts 2011, 82nd Leg., R.S., Ch. 649 (S.B. 1042), Sec. 1, eff. June 17, 2011.


Acts 2011, 82nd Leg., R.S., Ch. 696 (H.B. 398), Sec. 1, eff. June 17, 2011.


Acts 2017, 85th Leg., R.S., Ch. 1070 (H.B. 3270), Sec. 1, eff. September 1, 2017.


Sec. 22.08341. CRIMINAL HISTORY RECORD INFORMATION REVIEW BY CERTAIN PUBLIC WORKS CONTRACTORS. (a) In this section:


(1) "Contracting entity" means an entity that contracts directly with a school district, open-enrollment charter school, or shared services arrangement to provide engineering, architectural, or construction services to the district, school, or arrangement.


(2) "Instructional facility" has the meaning assigned by Section 46.001.


(3) "Subcontracting entity" means an entity that contracts with another entity that is not a school district, open-enrollment charter school, or shared services arrangement to provide engineering, architectural, or construction services to a school district, open-enrollment charter school, or shared services arrangement.


(b) This subsection applies to a person who is not an applicant for or holder of a certificate under Subchapter B, Chapter 21, and who is employed by a contracting or subcontracting entity on a project to design, construct, alter, or repair a public work if the person has or will have:


(1) continuing duties related to the contracted services; and


(2) the opportunity for direct contact with students in connection with the person's continuing duties.


(c) For purposes of Subsection (b), a person does not have the opportunity for direct contact with students if:


(1) the public work does not involve the construction, alteration, or repair of an instructional facility;


(2) for a public work that involves construction of a new instructional facility, the person's duties related to the contracted services will be completed not later than the seventh day before the first date the facility will be used for instructional purposes; or


(3) for a public work that involves an existing instructional facility:


(A) the public work area contains sanitary facilities and is separated from all areas used by students by a secure barrier fence that is not less than six feet in height; and


(B) the contracting entity adopts a policy prohibiting employees, including subcontracting entity employees, from interacting with students or entering areas used by students, informs employees of the policy, and enforces the policy at the public work area.


(d) A contracting entity or subcontracting entity may not permit an employee to whom Subsection (b) applies to provide services at an instructional facility if the employee, during the preceding 30 years, was convicted of any of the following offenses and the victim was under 18 years of age or was enrolled in a public school:


(1) a felony offense under Title 5, Penal Code;


(2) an offense on conviction of which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; or


(3) an offense under the laws of another state or federal law that is equivalent to an offense under Subdivision (1) or (2).


(e) For a person to whom Subsection (b) applies, the contracting entity or subcontracting entity that employs the person shall:


(1) send or ensure that the person sends to the department information that is required by the department for obtaining national criminal history record information, which may include fingerprints and photographs;


(2) obtain all criminal history record information that relates to the person through the criminal history clearinghouse as provided by Section 411.0845, Government Code; and


(3) certify to the school district, open-enrollment charter school, shared services arrangement, or contracting entity, as applicable, that the contracting entity or subcontracting entity that employs the person has received all criminal history record information relating to the person.


(f) A contracting entity shall certify to the school district, open-enrollment charter school, or shared services arrangement, as applicable, that the contracting entity has obtained written certifications from any subcontracting entity that the subcontracting entity has complied with Subsection (e) as it relates to the subcontracting entity's employees.


(g) On receipt of information described by Subsection (e)(1), the department shall obtain the person's national criminal history record information and report the results through the criminal history clearinghouse as provided by Section 411.0845, Government Code.


(h) A school district, open-enrollment charter school, or shared services arrangement may directly obtain the criminal history record information of a person to whom Subsection (b) applies through the criminal history clearinghouse as provided by Section 411.0845, Government Code.


(i) If a contracting entity or subcontracting entity determines that Subsection (b) does not apply to an employee, the contracting or subcontracting entity shall make a reasonable effort to ensure that the conditions or precautions that resulted in the determination that Subsection (b) does not apply to the employee continue to exist throughout the time that the contracted services are provided.


(j) In the event of an emergency, a school district, open-enrollment charter school, or shared services arrangement may allow a person to whom Subsection (b) applies to enter an instructional facility if the person is accompanied by an employee of the district, school, or arrangement. A school district, open-enrollment charter school, or shared services arrangement may adopt a policy regarding an emergency for purposes of this subsection.


(k) The commissioner may adopt rules necessary to implement this section.


Added by Acts 2017, 85th Leg., R.S., Ch. 1070 (H.B. 3270), Sec. 2, eff. September 1, 2017.


Sec. 22.0835. ACCESS TO CRIMINAL HISTORY RECORDS OF STUDENT TEACHERS AND VOLUNTEERS BY LOCAL AND REGIONAL EDUCATION AUTHORITIES. (a) A school district, open-enrollment charter school, or shared services arrangement shall obtain from the department and may obtain from any other law enforcement or criminal justice agency or a private entity that is a consumer reporting agency governed by the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.), all criminal history record information that relates to:


(1) a person participating in an internship consisting of student teaching to receive a teaching certificate; or


(2) a volunteer or person who has indicated, in writing, an intention to serve as a volunteer with the district, school, or shared services arrangement.


(b) A private school or regional education service center may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person who volunteers or has indicated, in writing, an intention to serve as a volunteer with the school or service center.


(c) A person to whom Subsection (a) or (b) applies must provide to the school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement a driver's license or another form of identification containing the person's photograph issued by an entity of the United States government.


(d) A person to whom Subsection (a) applies may not perform any student teaching or volunteer duties until all requirements under Subsections (a) and (c) have been satisfied.


(e) Subsections (a) and (c) do not apply to a person who volunteers or is applying to volunteer with a school district, open-enrollment charter school, or shared services arrangement if the person:


(1) is the parent, guardian, or grandparent of a child who is enrolled in the district or school for which the person volunteers or is applying to volunteer;


(2) will be accompanied by a school district employee while on a school campus; or


(3) is volunteering for a single event on the school campus.


(f) A school district, open-enrollment charter school, or shared services arrangement may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to a person to whom Subsection (e) applies.


(g) A school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement may require a student teacher, volunteer, or volunteer applicant to pay any costs related to obtaining criminal history record information under this section.


Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 9, eff. June 15, 2007.


Sec. 22.0836. NATIONAL CRIMINAL HISTORY RECORD INFORMATION REVIEW OF SUBSTITUTE TEACHERS. (a) This section applies to a person who is a substitute teacher for a school district, open-enrollment charter school, or shared services arrangement.


(b) A person to whom this section applies must submit to a national criminal history record information review under this section.


(c) A school district, open-enrollment charter school, or shared services arrangement shall send or ensure that a person to whom this section applies sends to the department information that is required by the department for obtaining national criminal history record information, which may include fingerprints and photographs.


(d) The department shall obtain the person's national criminal history record information and report the results through the criminal history clearinghouse as provided by Section 411.0845, Government Code.


(e) Each school district, open-enrollment charter school, and shared services arrangement shall obtain all criminal history record information that relates to a person to whom this section applies through the criminal history clearinghouse as provided by Section 411.0845, Government Code.


(f) The school district, open-enrollment charter school, or shared services arrangement may require a person to pay any fees related to obtaining criminal history record information under this section.


(g) A school district, open-enrollment charter school, or shared services arrangement shall provide the agency with the name of a person to whom this section applies. The agency shall obtain all criminal history record information of the person through the criminal history clearinghouse as provided by Section 411.0845, Government Code. The agency shall examine the criminal history record information and certification records of the person and notify the district, school, or shared services arrangement if the person:


(1) may not be hired or must be discharged as provided by Section 22.085; or


(2) may not be employed as a substitute teacher because the person's educator certification has been revoked or is suspended.


(h) The commissioner may adopt rules to implement this section, including rules establishing deadlines for a school district, open-enrollment charter school, or shared services arrangement to require a person to whom this section applies to submit fingerprints and photographs in compliance with this section and the circumstances under which a person may not continue to be employed as a substitute teacher.


(i) Expired.


(j) The department in coordination with the commissioner may adopt rules necessary to implement this section.


Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 9, eff. June 15, 2007.


Sec. 22.0837. FEE FOR NATIONAL CRIMINAL HISTORY RECORD INFORMATION. The agency by rule shall require a person submitting to a national criminal history record information review under Section 22.0832, 22.0833, or 22.0836 to pay a fee for the review in an amount not to exceed the amount of any fee imposed on an applicant for certification under Subchapter B, Chapter 21, for a national criminal history record information review under Section 22.0831. The agency or the department may require an entity authorized to collect information for a national criminal history record information review to collect the fee required under this section and to remit the funds collected to the agency.


Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 9, eff. June 15, 2007.


Sec. 22.08391. CONFIDENTIALITY OF INFORMATION. (a) Information collected about a person to comply with this subchapter, including the person's name, address, phone number, social security number, driver's license number, other identification number, and fingerprint records:


(1) may not be released except:


(A) to comply with this subchapter;


(B) by court order; or


(C) with the consent of the person who is the subject of the information;


(2) is not subject to disclosure as provided by Chapter 552, Government Code; and


(3) shall be destroyed by the requestor or any subsequent holder of the information not later than the first anniversary of the date the information is received.


(b) Any criminal history record information received by the State Board for Educator Certification as provided by this subchapter is subject to Section 411.090(b), Government Code.


(c) Any criminal history record information received by the agency as provided by this subchapter is subject to Section 411.0901(b), Government Code.


(d) Any criminal history record information received by a school district, charter school, private school, regional education service center, commercial transportation company, or education shared services arrangement or an entity that contracts to provide services to a school district, charter school, or shared services arrangement as provided by this subchapter is subject to Section 411.097(d), Government Code.


Added by Acts 2009, 81st Leg., R.S., Ch. 1146 (H.B. 2730), Sec. 9A.05, eff. September 1, 2009.


Sec. 22.084. ACCESS TO CRIMINAL HISTORY RECORDS OF SCHOOL BUS DRIVERS, BUS MONITORS, AND BUS AIDES. (a) Except as provided by Subsections (c) and (d), a school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement that contracts with a person for transportation services shall obtain from any law enforcement or criminal justice agency all criminal history record information that relates to:


(1) a person employed by the person as a bus driver; or


(2) a person the person intends to employ as a bus driver.


(b) Except as provided by Subsections (c) and (d), a person that contracts with a school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement to provide transportation services shall submit to the district, school, service center, or shared services arrangement the name and other identification data required to obtain criminal history record information of each person described by Subsection (a). If the district, school, service center, or shared services arrangement obtains information that a person described by Subsection (a) has been convicted of a felony or a misdemeanor involving moral turpitude, the district, school, service center, or shared services arrangement shall inform the chief personnel officer of the person with whom the district, school, service center, or shared services arrangement has contracted, and the person may not employ that person to drive a bus on which students are transported without the permission of the board of trustees of the district or service center, the governing body of the open-enrollment charter school, or the chief executive officer of the private school or shared services arrangement.


(c) A commercial transportation company that contracts with a school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement to provide transportation services may obtain from any law enforcement or criminal justice agency all criminal history record information that relates to:


(1) a person employed by the commercial transportation company as a bus driver, bus monitor, or bus aide; or


(2) a person the commercial transportation company intends to employ as a bus driver, bus monitor, or bus aide.


(d) If the commercial transportation company obtains information that a person employed or to be employed by the company has been convicted of a felony or a misdemeanor involving moral turpitude, the company may not employ that person to drive or to serve as a bus monitor or bus aide on a bus on which students are transported without the permission of the board of trustees of the district or service center, the governing body of the open-enrollment charter school, or the chief executive officer of the private school or shared services arrangement. Subsections (a) and (b) do not apply if information is obtained as provided by Subsection (c).


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by Acts 1997, 75th Leg., ch. 1438, Sec. 1, eff. Sept. 1, 1997.


Sec. 22.085. EMPLOYEES AND APPLICANTS CONVICTED OF OR PLACED ON DEFERRED ADJUDICATION COMMUNITY SUPERVISION FOR CERTAIN OFFENSES. (a) A school district, open-enrollment charter school, or shared services arrangement shall discharge or refuse to hire an employee or applicant for employment if the district, school, or shared services arrangement obtains information through a criminal history record information review that the employee or applicant has been:


(1) convicted of or placed on deferred adjudication community supervision for an offense for which a defendant is required to register as a sex offender under Chapter 62, Code of Criminal Procedure; or


(2) convicted of:


(A) a felony offense under Title 5, Penal Code, if the victim of the offense was under 18 years of age at the time the offense was committed; or


(B) an offense under the laws of another state or federal law that is equivalent to an offense under Subdivision (1) or Paragraph (A).


(b) Subsection (a) does not apply if the employee or applicant for employment committed an offense under Title 5, Penal Code and:


(1) the date of the offense is more than 30 years before:


(A) the effective date of S.B. No. 9, Acts of the 80th Legislature, Regular Session, 2007, in the case of a person employed by a school district, open-enrollment charter school, or shared services arrangement as of that date; or


(B) the date the person's employment will begin, in the case of a person applying for employment with a school district, open-enrollment charter school, or shared services arrangement after the effective date of S.B. No. 9, Acts of the 80th Legislature, Regular Session, 2007; and


(2) the employee or applicant for employment satisfied all terms of the court order entered on conviction.


(c) A school district, open-enrollment charter school, or shared services arrangement may not allow a person who is an employee of or applicant for employment by an entity that contracts with the district, school, or shared services arrangement to serve at the district or school or for the shared services arrangement if the district, school, or shared services arrangement obtains information described by Subsection (a) through a criminal history record information review concerning the employee or applicant. A school district, open-enrollment charter school, or shared services arrangement must ensure that an entity that the district, school, or shared services arrangement contracts with for services has obtained all criminal history record information as required by Section 22.0834 or 22.08341.


(d) A school district, open-enrollment charter school, private school, regional education service center, or shared services arrangement may discharge an employee if the district or school obtains information of the employee's conviction of a felony or of a misdemeanor involving moral turpitude that the employee did not disclose to the State Board for Educator Certification or the district, school, service center, or shared services arrangement. An employee discharged under this section is considered to have been discharged for misconduct for purposes of Section 207.044, Labor Code.


(e) The State Board for Educator Certification may impose a sanction on an educator who does not discharge an employee or refuse to hire an applicant for employment if the educator knows or should have known, through a criminal history record information review, that the employee or applicant has been:


(1) convicted of or placed on deferred adjudication community supervision for an offense described by Subsection (a)(1); or


(2) convicted of an offense described by Subsection (a)(2).


(f) Each school year, the superintendent of a school district or chief operating officer of an open-enrollment charter school shall certify to the commissioner that the district or school has complied with this section.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Amended by:


Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 10, eff. June 15, 2007.


Acts 2017, 85th Leg., R.S., Ch. 1070 (H.B. 3270), Sec. 3, eff. September 1, 2017.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.014, eff. September 1, 2019.


Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.015, eff. September 1, 2019.


Sec. 22.086. LIABILITY FOR REPORTING OFFENSES. The State Board for Educator Certification, a school district, an open-enrollment charter school, a private school, a regional education service center, a shared services arrangement, or an employee of the board, district, school, service center, or shared services arrangement is not civilly or criminally liable for making a report required under this subchapter.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


Sec. 22.087. NOTIFICATION TO STATE BOARD FOR EDUCATOR CERTIFICATION. The superintendent of a school district or the director of an open-enrollment charter school, private school, regional education service center, or shared services arrangement shall promptly notify the State Board for Educator Certification in writing if:


(1) the person obtains or has knowledge of information showing that an applicant for or holder of a certificate issued under Subchapter B, Chapter 21, has a reported criminal history; and


(2) the person obtained the information by a means other than the criminal history clearinghouse established under Section 411.0845, Government Code.


Added by Acts 2007, 80th Leg., R.S., Ch. 1372 (S.B. 9), Sec. 11, eff. June 15, 2007.


Amended by:


Acts 2015, 84th Leg., R.S., Ch. 1043 (H.B. 1783), Sec. 3, eff. September 1, 2015.


SUBCHAPTER C-1. PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS



Sec. 22.091. DEFINITION. In this subchapter, "other charter entity" has the meaning assigned by Section 21.006.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.016, eff. September 1, 2019.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 1525 and S.B. 1356, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 22.092. REGISTRY OF PERSONS NOT ELIGIBLE FOR EMPLOYMENT IN PUBLIC SCHOOLS. (a) The agency shall maintain and make available through the Internet portal developed and maintained by the agency under Section 22.095 a registry of persons who are not eligible to be employed by a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement.


(b) A school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement shall discharge or refuse to hire a person listed on the registry maintained under this section.


(c) The registry maintained under this section must list the following persons as not eligible to be employed by public schools:


(2) a person determined by the agency to be not eligible for employment based on the person's criminal history record information review, as provided by Section 22.0833;


(3) a person who is not eligible for employment based on criminal history record information received by the agency under Section 21.058(b);


(5) a person who is determined by the commissioner under Section 22.094 to have engaged in misconduct described by Section 22.093(c)(1)(A) or (B).


(d) The agency shall provide private schools and public schools equivalent access to the registry maintained under this section.


(e) The agency shall adopt rules as necessary to implement this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.016, eff. September 1, 2019.


Sec. 22.093. REQUIREMENT TO REPORT EMPLOYEE MISCONDUCT. (a) In this section, "abuse" has the meaning assigned by Section 261.001, Family Code, and includes any sexual conduct involving a student or minor.


(b) This section applies to a person who is employed by a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement and who does not hold a certification or permit issued under Subchapter B, Chapter 21.


(c) In addition to the reporting requirement under Section 261.101, Family Code, the superintendent or director of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement shall notify the commissioner if:


(1) an employee's employment at the school district, district of innovation, charter school, other charter entity, service center, or shared services arrangement was terminated and there is evidence that the employee:


(A) abused or otherwise committed an unlawful act with a student or minor; or


(B) was involved in a romantic relationship with or solicited or engaged in sexual contact with a student or minor; or


(2) the employee resigned and there is evidence that the employee engaged in misconduct described by Subdivision (1).


(d) A superintendent or director of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement shall complete an investigation of an employee that involves evidence that the employee may have engaged in misconduct described by Subsection (c)(1)(A) or (B), despite the employee's resignation from employment before completion of the investigation.


(e) The principal of a school district, district of innovation, open-enrollment charter school, or other charter entity campus must notify the superintendent or director of the school district, district of innovation, charter school, or other charter entity not later than the seventh business day after the date of an employee's termination of employment or resignation following an alleged incident of misconduct described by Subsection (c)(1)(A) or (B).


(f) The superintendent or director must notify the commissioner by filing a report with the commissioner not later than the seventh business day after the date the superintendent or director receives a report from a principal under Subsection (e) or knew about an employee's termination of employment or resignation following an alleged incident of misconduct described by Subsection (c)(1)(A) or (B). The report must be:


(1) in writing; and


(2) in a form prescribed by the commissioner.


(g) The superintendent or director shall notify the board of trustees or governing body of the school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement and the employee of the filing of the report required by Subsection (f).


(h) A superintendent or director who in good faith and while acting in an official capacity files a report with the commissioner under Subsection (f) or a principal who in good faith and while acting in an official capacity notifies a superintendent or director under Subsection (e) is immune from civil or criminal liability that might otherwise be incurred or imposed.


(i) The commissioner shall refer an educator who fails to file a report in violation of Subsection (f) to the State Board for Educator Certification, and the board shall determine whether to impose sanctions against the educator.


(j) The name of a student or minor who is the victim of abuse or unlawful conduct by an employee must be included in a report filed under this section, but the name of the student or minor is not public information under Chapter 552, Government Code.


(k) A superintendent or director required to file a report under Subsection (f) commits an offense if the superintendent or director fails to file the report by the date required by that subsection with intent to conceal an employee's criminal record or alleged incident of misconduct. A principal required to notify a superintendent or director about an employee's alleged incident of misconduct under Subsection (e) commits an offense if the principal fails to provide the notice by the date required by that subsection with intent to conceal an employee's alleged incident of misconduct. An offense under this subsection is a state jail felony.


(l) The commissioner may review the records of a school district, district of innovation, open-enrollment charter school, other charter entity, regional education service center, or shared services arrangement to ensure compliance with the requirement to report misconduct under this section.


(m) The commissioner shall adopt rules as necessary to implement this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.016, eff. September 1, 2019.


(b) On receiving a report filed under Section 22.093(f), the commissioner shall promptly send to the person who is the subject of the report a notice that includes:


(1) a statement informing the person that the person must request a hearing on the merits of the allegations of misconduct within the period provided by Subsection (c);


(2) a request that the person submit a written response within the period provided by Subsection (c) to show cause why the commissioner should not pursue an investigation; and


(3) a statement informing the person that if the person does not timely submit a written response to show cause as provided by Subdivision (2), the agency shall provide information indicating the person is under investigation in the manner provided by Subsection (d).


(c) A person entitled to a hearing under Subsection (a) must request a hearing and submit a written response to show cause not later than the 10th day after the date the person receives the notice from the commissioner provided under Subsection (b).


(d) If a person who receives notice provided under Subsection (b) does not timely submit a written response to show cause why the commissioner should not pursue an investigation, the commissioner shall instruct the agency to make available through the Internet portal developed and maintained by the agency under Section 22.095 information indicating that the person is under investigation for alleged misconduct.


(e) If a person entitled to a hearing under Subsection (a) does not request a hearing as provided by Subsection (c), the commissioner shall:


(1) based on the report filed under Section 22.093(f), make a determination whether the person engaged in misconduct; and


(2) if the commissioner determines that the person engaged in misconduct described by Section 22.093(c)(1)(A) or (B), instruct the agency to add the person's name to the registry maintained under Section 22.092.


(f) If a person entitled to a hearing under Subsection (a) requests a hearing as provided by Subsection (c) and the final decision in that hearing determines that the person engaged in misconduct described by Section 22.093(c)(1)(A) or (B), the commissioner shall instruct the agency to add the person's name to the registry maintained under Section 22.092.


(g) If a person entitled to a hearing under Subsection (a) requests a hearing as provided by Subsection (c) and the final decision in that hearing determines that the person did not engage in misconduct described by Section 22.093(c)(1)(A) or (B), the commissioner shall instruct the agency to immediately remove from the Internet portal developed and maintained by the agency under Section 22.095 the information indicating that the person is under investigation for alleged misconduct.


(h) The commissioner shall adopt rules as necessary to implement this section.


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.016, eff. September 1, 2019.


Sec. 22.095. INTERNET PORTAL. The agency shall develop and maintain an Internet portal through which:


(1) a report required under Section 22.093(f) may be confidentially and securely filed; and


(2) the agency makes available:


(A) the registry of persons who are not eligible to be employed in public schools as described by Section 22.092; and


(B) information indicating that a person is under investigation for alleged misconduct in accordance with Section 22.094(d), provided that the agency must provide the information through a procedure other than the registry described under Paragraph (A).


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.016, eff. September 1, 2019.


Sec. 22.096. COMPLIANCE MONITORING. The agency shall periodically conduct site visits and review the records of school districts, districts of innovation, open-enrollment charter schools, other charter entities, regional education service centers, and shared services arrangements to ensure compliance with Section 22.092(b).


Added by Acts 2019, 86th Leg., R.S., Ch. 943 (H.B. 3), Sec. 2A.016, eff. September 1, 2019.


SUBCHAPTER D. HEALTH CARE SUPPLEMENTATION



Sec. 22.101. DEFINITIONS. In this subchapter:


(1) "Cafeteria plan" means a plan as defined and authorized by Section 125, Internal Revenue Code of 1986.


(2) "Employee" means an active, contributing member of the Teacher Retirement System of Texas who:


(A) is employed by a district, other educational district whose employees are members of the Teacher Retirement System of Texas, participating charter school, or regional education service center;


(B) is not a retiree eligible for coverage under the program established under Chapter 1575, Insurance Code;


(C) is not eligible for coverage by a group insurance program under Chapter 1551 or 1601, Insurance Code; and


(D) is not an individual performing personal services for a district, other educational district that is a member of the Teacher Retirement System of Texas, participating charter school, or regional education service center as an independent contractor.


(4) "Regional education service center" means a regional education service center established under Chapter 8.


Added by Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 18.02, eff. September 1, 2005.


Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 6, eff. September 1, 2005.


Reenacted and amended by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.09, eff. May 31, 2006.


Sec. 22.102. AUTHORITY TO ADOPT RULES; OTHER AUTHORITY. (a) The agency may adopt rules to implement this subchapter.


(b) The agency may enter into interagency contracts with any other agency of this state for the purpose of assistance in implementing this subchapter.


Added by Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 18.02, eff. September 1, 2005.


Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 6, eff. September 1, 2005.


Reenacted and amended by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.09, eff. May 31, 2006.


Sec. 22.103. DESIGNATION OF COMPENSATION AS HEALTH CARE SUPPLEMENTATION. (a) An employee of a school district, other educational district that is a member of the Teacher Retirement System of Texas, participating charter school, or regional education service center may elect to designate a portion of the employee's compensation to be used as health care supplementation under this subchapter.


(b) The amount designated under this section may not exceed the amount permitted under applicable federal law.


(c) This section does not apply to an employee who is not covered by a cafeteria plan or who is not eligible to pay health care premiums through a premium conversion plan.


Added by Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 18.02, eff. September 1, 2005.


Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 6, eff. September 1, 2005.


Reenacted and amended by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.09, eff. May 31, 2006.


Sec. 22.104. FUNDS HELD IN TRUST. All funds received by a district, other educational district, participating charter school, or regional education service center under this subchapter are held in trust for the benefit of the employees on whose behalf the district, school, or service center received the funds.


Added by Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 18.02, eff. September 1, 2005.


Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 6, eff. September 1, 2005.


Reenacted and amended by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.09, eff. May 31, 2006.


Sec. 22.105. WRITTEN ELECTION REQUIRED. Each school year, an active employee must elect in writing whether to designate a portion of the employee's compensation to be used as health care supplementation under this subchapter. An election under this section must be made at the same time at which the employee elects to participate in a cafeteria plan, if applicable.


Added by Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 18.02, eff. September 1, 2005.


Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 6, eff. September 1, 2005.


Reenacted and amended by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.09, eff. May 31, 2006.


Sec. 22.106. USE OF DESIGNATED COMPENSATION. An employee may use compensation designated for health care supplementation under this subchapter for any employee benefit, including depositing the designated amount into a cafeteria plan in which the employee is enrolled or using the designated amount for health care premiums through a premium conversion plan.


Added by Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 18.02, eff. September 1, 2005.


Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 6, eff. September 1, 2005.


Reenacted and amended by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.09, eff. May 31, 2006.


Sec. 22.107. WAGE INCREASE FOR SUPPORT STAFF. (a) A school district shall pay each full-time district employee, other than an administrator or an employee subject to the minimum salary schedule under Section 21.402, an amount at least equal to $500.


(b) A school district shall pay each part-time district employee, other than an administrator, an amount at least equal to $250.


(c) A school district employee entitled to a wage increase under this section may elect to receive a portion of the person's annual wages as health care supplementation as provided by this subchapter.


(d) A payment under this section is in addition to wages the district would otherwise pay the employee during the school year.


Added by Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 18.02, eff. September 1, 2005.


Added by Acts 2005, 79th Leg., Ch. 1359 (S.B. 1691), Sec. 6, eff. September 1, 2005.


Reenacted and amended by Acts 2006, 79th Leg., 3rd C.S., Ch. 5 (H.B. 1), Sec. 4.09, eff. May 31, 2006.


SUBCHAPTER Z. MISCELLANEOUS PROVISIONS



Sec. 22.901. UNLAWFUL INQUIRY INTO RELIGIOUS AFFILIATION. (a) A person employed or maintained to obtain or aid in obtaining positions for public school employees may not directly or indirectly ask about, orally or in writing, the religion or religious affiliation of anyone applying for employment in the public schools of this state.


(b) A person who violates Subsection (a) is subject to a civil penalty of not less than $100 nor more than $500. The aggrieved applicant or the applicant's assignee may bring suit for imposition of the civil penalty in the county of plaintiff's or defendant's residence.


(c) A person who violates Subsection (a) commits an offense. An offense under this subsection is a Class B misdemeanor.


Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995.


The following section was amended by the 87th Legislature. Pending publication of the current statutes, see S.B. 1267 and S.B. 199, 87th Legislature, Regular Session, for amendments affecting the following section.



Sec. 22.902. INSTRUCTION RELATED TO CARDIOPULMONARY RESUSCITATION AND USE OF AUTOMATED EXTERNAL DEFIBRILLATOR. (a) A school district shall annually make available to district employees and volunteers instruction in the principles and techniques of cardiopulmonary resuscitation and the use of an automated external defibrillator, as defined by Section 779.001, Health and Safety Code.


(b) The instruction provided in the use of an automated external defibrillator must meet guidelines for automated external defibrillator training approved under Section 779.002, Health and Safety Code.


(c) Each school nurse, assistant school nurse, athletic coach or sponsor, physical education instructor, marching band director, cheerleading coach, and any other school employee specified by the commissioner and each student who serves as an athletic trainer must participate in the instruction in the use of an automated external defibrillator. A person described by this subsection must receive and maintain certification in the use of an automated external defibrillator from the American Heart Association, the American Red Cross, or a similar nationally recognized association.


(d) The commissioner shall adopt rules as necessary to implement this section.


(e) This subsection applies only to a private school that receives an automated external defibrillator from the agency or receives funding from the agency to purchase or lease an automated external defibrillator. A private school shall adopt a policy under which the school makes available to school employees and volunteers instruction in the principles and techniques of cardiopulmonary resuscitation and the use of an automated external defibrillator. The policy must comply with the requirements prescribed by this section and commissioner rules adopted under this section, including the requirements prescribed by Subsection (c).


Added by Acts 2007, 80th Leg., R.S., Ch. 1371 (S.B. 7), Sec. 3, eff. June 15, 2007.

# data[].attributes.attachment_link.title
EDUCATION CODE CHAPTER 22. SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS

# data[].attributes.attachment_link.description
EDUCATION CODE TITLE 2. PUBLIC EDUCATION SUBTITLE D. EDUCATORS AND SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS CHAPTER 22. SCHOOL DISTRICT EMPLOYEES AND VOLUNTEERS SUBCHAPTER A. RIGHTS, DUTIES, AND BENEFITS Sec. 22.001. SALARY DEDUCTIONS FOR PROFESSIONAL DUES. (a) A school district employee is entitled to have an amount deducted from the employee's salary for membership fees or dues to a professional organization.

# data[].attributes.body
Judicial
Citation:  Barr v. Bernhard, 562 S.W. 2d 844 (Tex. 1978).

Landmark case that was the first time a school was sued for negligence after immunity laws were enacted.

Established that the school was not liable for negligence as they were performing their governmental duties.

# data[].attributes.attachment_link.readable_text
*845 Groce, Locke & Hebdon, Edward P. Fahey and J. Michael Myers; Clark, Thornton & Summers, Robert Summers, San Antonio, for petitioners.

Bob Gibbins, Bill Zook, Austin, for respondents.

McGEE, Justice.

This is a summary judgment case involving the liability of the Kerrville Independent School District and certain of its individual employees for personal injuries sustained by Mark William Bernhard, a student at Tivy High School of the Kerrville Independent School District. The trial court granted the School District's plea in bar on the basis of governmental immunity and granted the individual defendants' motion for summary judgment. The court of civil appeals affirmed the holding of the trial court regarding the School District, but reversed the judgment granting the individual defendants' motion for summary judgment and remanded the cause to the trial court for a new trial. . We reverse the judgment of the court of civil appeals and affirm that of the trial court.

Mark Bernhard was a student at Tivy High School and was enrolled in a vocational-agricultural course that called for him to raise a calf in order to satisfy the course requirements. The School District maintained a 73-acre facility, hereinafter referred to as the Ag Farm, where the students in the course could keep or raise their animals. It was not mandatory that the students keep their animals at the Ag Farm; but they could do so after obtaining permission from their instructors.

The Saturday on which the accident occurred, Mark was at the Ag Farm with his parents and some friends to care for his calf. There were no school personnel present at that time. After weighing his calf, Mark and his friends attempted to lead *846 the calf back into an old army barracks that was used as a barn. The calf struck a metal pole which supported a gable roof over the entrance to the barn. The pole gave way and the roof collapsed, pinning Mark underneath the structure and severely injuring him.

Bernhard brought suit against the Kerrville Independent School District and certain of its individual employees alleging that they were negligent in several respects: (1) by failing to properly inspect the facility; (2) by failing to maintain or supervise the facility; and (3) by allowing the facility to be used while in a condition of disrepair.

THE LIABILITY OF THE SCHOOL DISTRICT

The law is well settled in this state that an independent school district is an agency of the state and, while exercising governmental functions, is not answerable for its negligence in a suit sounding in tort. See, e. g., Braun v. Trustees of Victoria Independent School District, (Tex.Civ.App.—San Antonio 1938, writ ref'd); Coleman v. Beaumont Independent School District, (Tex.Civ. App.—Beaumont 1973, writ ref'd n. r. e.). The Texas Tort Claims Act was enacted in 1970, and Section 3 of that Act provided for waiver of governmental immunity for the use of publicly-owned motor vehicles, premises defects, and injuries arising out of conditions or use of property.[1] With respect to the liability of a school district, however, the Legislature provided for a more limited waiver of immunity. Section 19A of the Act states that a school district's liability is limited to causes of action arising from the use of motor vehicles.

Bernhard seeks to avoid the preclusive effect of section 19A on his cause of action against the School District by arguing that this Court should abolish the provisions of section 19A that restrict a school district's amenability to suit. He also argues that the School District waived any governmental immunity by the purchase of general liability insurance.

By his first argument, he urges this Court to judicially abrogate section 19A and place school districts on the same basis as other governmental units in waiving their immunity to the extent provided for under Section 3 of the Act. We recently held that any waiver of governmental immunity is a matter to be addressed by the Legislature, Lowe v. Texas Tech University, , 298 (Tex.1976), and we are still of the opinion that it is the proper forum for such action.[2]

Bernhard then argues that the School District waived its governmental immunity by purchasing liability insurance.[3]*847 He points out that several states have adopted this "insurance-waiver theory" in order to relieve unjust results that are sometimes produced by the doctrine of governmental immunity. We are not persuaded by this argument.

In support of his argument, Bernhard cites the case of Christie v. Board of Regents, , (1961). There was no direct holding by the Michigan Supreme Court in that case that the governmental unit had waived its immunity by the purchase of the insurance. That court merely held that a trial court did not abuse its discretion by requiring the production of a liability insurance policy obtained by the Board of Regents as possible admissible evidence that the Board had waived its immunity to the extent of the policy limits. In fact, subsequent Michigan decisions have held that there is no waiver of immunity when a governmental unit purchases liability insurance. Sayers v. School District No. 1, , (1962); Pichette v. Manistique Public Schools, 50 Mich.App. 770, (Mich.Ct. App.1973); Branum v. State of Michigan, 5 Mich.App. 134, (Mich.Ct. App.1966).

Bernhard also relies on the case of Schoening v. United States Aviation Underwriters, , (1963). We do not consider this decision to be in point either. In Schoening, certain aircraft owners sued the municipality and its insurer for damages to the aircraft resulting from the collapse of a hangar at the municipal airport. Governmental immunity was held not to be a defense to the action to the extent that the municipality had purchased liability insurance to cover such risks. Id. at 865. In reaching its decision, the court relied on a statute that explicitly stated that governmental immunity was waived to the extent of the coverage of the liability insurance policy that was purchased. See Minn.Stat.Ann. § 466.06 (1977).

As was the situation in Minnesota, the waiver of governmental immunity by statutes expressing in clear and unambiguous terms that such immunity is waived only to the extent of the liability insurance purchased appears to be the trend among those states adopting the "insurance-waiver theory." Holmes v. School Board, (Fla.D.Ct.App.1974) (construing Fla.Stat. Ann. § 234.03(4) (West's 1977)); Longpre v. Joint School District No. 2, , (1968); Clary v. Alexander County Board of Education, , (1975) (construing N.C.Gen.Stat. § 115-53 (1975)). Therefore, Section 9 of the Texas Tort Claims Act is distinguishable in this respect since the language of that provision merely authorizes units of government to purchase liability insurance; no language is contained therein that expresses an intent on the part of the Legislature to waive governmental immunity by the purchase of liability insurance.[4]

Moreover, Texas cases dealing with other governmental agencies have rejected the argument that the act of procuring liability insurance waives any governmental immunity. In Sears v. Colorado River Municipal Water District, (Tex.Civ. App.—Eastland 1972, writ ref'd n. r. e.) the plaintiffs sued the water district for damages resulting from a fire that the water district started on lake property. The trial court rendered summary judgment in favor of the water district based on the district's claim of governmental immunity. The *848 plaintiffs asserted that the district had waived its defense of governmental immunity because it had procured liability insurance. The court of civil appeals held that the trial court was correct in rendering summary judgment in favor of the district and stated, in accordance with prior cases, that "the all-important factor is that the procuring of indemnity insurance cannot create liability where none exists in the absence of such insurance." Id. at 811; see Watkins v. Southcrest Baptist Church, , 534-35 (Tex.1966); Jones v. Texas Gulf Sulphur Co., , 307 (Tex.Civ.App.—Houston 1965, writ ref'd n. r. e.); Texas Prison Board v. Cabeen, , 527 (Tex.Civ.App.—Beaumont 1942, writ ref'd).

Therefore, we hold that the School District is immune from liability under the doctrine of governmental immunity, and the trial court was correct in granting its plea in bar.

THE LIABILITY OF THE INDIVIDUAL DEFENDANTS

This case involves the initial interpretation of Section 21.912 of the Texas Education Code (Supp.1976-1977) by this Court. That section reads as follows:

"(a) The board of trustees of each school district within this state shall adopt policies specifying the duties of each of its professional positions of employment. The board of trustees shall assign positions of employment earned under the minimum foundation program to meet the specific needs of the district.

"(b) No professional employee of any school district within this state shall be personally liable for any act incident to or within the scope of the duties of his position of employment, and which act involves the exercise of judgment or discretion on the part of the employee, except in circumstances where professional employees use excessive force in the discipline of students or negligence resulting in bodily injury to students.

"(c) This section is not applicable to the operation, use, or maintenance of any motor vehicle.

"(d) `Professional employee,' as used in this section, includes superintendents, principals, classroom teachers, supervisors, counselors, and any other person whose employment requires certification and an exercise of discretion." [Emphasis added].

The purpose of this section is twofold: first, to provide local school boards with the authority to define the duties of professional school employees; secondly, to exempt such employees from individual liability for certain acts.

Section 21.912(b) grants qualified immunity to professional school employees for acts done within the scope of their employment involving judgment or discretion. Particularly, we are called upon to interpret the last clause of subdivision (b), the terms of which qualify the immunity by stating that there will be no personal liability "except in circumstances where professional employees use excessive force in the discipline of students or negligence resulting in bodily injury to students."

There is language in the last clause which we find to be ambiguous. The problem is created by the use of the term "negligence" in the last phrase of that clause. At first glance, a reading of the last clause would seem to indicate personal liability for professional school employees who use excessive force in the discipline of students or who "use negligence" that results in bodily injury to students. Such a reading would be incorrect, however, because it is inaccurate to say that a person "uses negligence"; negligence occurs as a result of an act or omission by an individual. Because of this ambiguity, the meaning of the last clause is rendered uncertain and is susceptible of conflicting interpretations. Therefore, we are required to interpret the language of the statute involved in order to ascertain the intent of the Legislature. See Koy v. Schneider, , (1920); Commissioners Court of Lubbock County v. Martin, (Tex.Civ. App.—Amarillo 1971, writ ref'd n. r. e.).

*849 Bernhard would have us interpret the last clause in such a manner that an employee would be liable for either the use of excessive force in disciplining a student or for any act of negligence that results in bodily injury to a student. This was the interpretation adopted by the court of civil appeals. The individual defendants, on the other hand, urge a much narrower interpretation of the last clause. They contend that an employee may be liable only where he uses excessive force or is negligent in disciplining students which results in bodily injury to such students.

We conclude that the Legislature intended in the last clause of subdivision (b) to limit the liability of professional school employees to certain acts incident to the disciplining of students because this is the only manner in which section 21.912 can reasonably be interpreted as a whole. In determining legislative intent, we must look to the entire statute, not just to any one phrase, clause, or sentence of that statute. Further, one provision will not be given a meaning out of harmony or inconsistent with other provisions, although it might be susceptible of such a construction if standing alone. See Ex parte Roloff, (Tex.1974); Black v. American Bankers Insurance Co., (Tex.1972); Francis v. International Service Insurance Co., (Tex.Civ.App.—Texarkana), aff'd, (Tex.1976).

In the statute before us, subdivisions (b) and (c) of section 21.912 contain the provisions relating to liability and must be read together in order to ascertain what the Legislature meant in the last clause of subdivision (b). An interpretation that the last clause of subdivision (b) subjects a professional school employee to liability for any act of negligence that results in bodily injury to a student is untenable when read in light of subdivision (c).

Section 21.912(c) states that "[t]his section is not applicable to the operation, use, or maintenance of a motor vehicle." By this language, the immunity granted to professional school employees by section 21.912(b) is not extended to acts incident to the operation, use, or maintenance of motor vehicles. Therefore, a professional school employee may be personally liable for certain negligent acts involving motor vehicles.[5]

If the interpretation of subdivision (b) urged by Bernhard were followed, then subdivision (c) would be meaningless since liability for the negligent operation of a motor vehicle would necessarily be covered by the broader provisions of subdivision (b). We must give full effect to subdivision (c), however, because it is well established that every word in a statute is presumed to have been used for a purpose, Jessen Associates, Inc. v. Bullock, (Tex.1975); Perkins v. State, (Tex.1963), and that the Legislature did not intend to do a useless thing by putting a meaningless provision in a statute. Duson v. Poage, (Tex.Civ.App.—Houston 1958, writ ref'd n. r. e.). Therefore, the effect of subdivision (c) is to negate a broad interpretation of subdivision (b) when the two provisions are construed together.

We hold Section 21.912(b) of the Texas Education Code to mean that a professional school employee is not personally liable for acts done within the scope of employment, and which involve the exercise of judgment or discretion, except in circumstances where disciplining a student, the employee uses excessive force or his negligence results in bodily injury to the student.

As there were no issues in this case concerning the punishment of Bernhard, we hold that the trial court was correct in granting the individual defendants' motion for summary judgment. See Mitchell v. Baker Hotel, (Tex.1975); Gibbs v. General Motors Corp., (Tex.1970); Swilley v. Hughes, (Tex.1972).

*850 Accordingly, the judgment of the court of civil appeals is reversed and that of the trial court affirmed.

SAM D. JOHNSON, J., writes dissenting opinion in which POPE, J., joins.

SAM D. JOHNSON, Justice, dissenting.

This dissent is respectfully submitted.

The majority has interpreted Section 21.912(b) of the Texas Education Code in a manner which effectively grants immunity to professional school employees for acts of negligence that result in bodily harm to students. This interpretation is clearly contrary to the legislative intent and prevailing legal authority.

A statute should be construed to give effect to the legislative intent. Minton v. Frank, (Tex.1976); Jones v. Del Andersen and Associates, (Tex.1975). Where the wording of a statute is ambiguous or leaves the meaning obscure, the courts must resort to the legislative history to resolve the ambiguity. Texas & N. O. R. Co. v. Railroad Commission, , (1947); Austin Road Company v. Evans, (Tex.Civ.App.—Fort Worth 1973, writ ref'd n. r. e.). In the instant case the majority notes that the language utilized in Section 21.912(b) is ambiguous. Section 21.912(b) provides:

"No professional employee of any school district within this state shall be personally liable for any act incident to or within the scope of the duties of his position of employment, and which act involves the exercise of judgment or discretion on the part of the employee, except in circumstances where professional employees use excessive force in the discipline of students or negligence resulting in bodily injury to students." [Emphasis added.]

As noted by the majority opinion, the language in the last clause of subsection (b) is ambiguous in its use of the term "negligence." Bernhard argues that this clause means that professional school employees may be personally liable where their negligence results in bodily injury to students. The individual defendants, however, argue that the clause means that professional school employees are subject to personal liability only when they use excessive force or negligence in the punishment of students which results in bodily injury to a student.

In order to resolve this ambiguity, this court is required to determine the legislative intent. The legislative history of Section 21.912 is explicit in conveying the intent of the Legislature. In its committee report to the House of Representatives, the Committee on Judiciary submitted a "bill analysis" which provided the following background statement or statement of purpose of the bill, which was enacted and codified as Section 21.912:

"School employees performing certain duties may be individually liable for certain actions. As there are often no specific guidelines for their duties, their responsibilities are not clearly defined.

"This bill would allow Boards of Trustees of independent schools to set school standards and also exempt these persons from individual liability for acts within the scope of their duties except for individual negligence." [Emphasis added.]

This "bill analysis" further summarized each subsection of Section 21.912, analyzing Section 21.912(b) as follows:

"No employee shall be personally liable for Acts incident to or within the scope of their duties of employment, and which act involves the exercise of judgment or discretion on the part of the employee, except where the employee uses excessive force or is negligent." [Emphasis added.]

This statement in the legislative history clearly demonstrates that the personal liability exemption extended by Section 21.912(b) does not extend to negligent actions of professional school employees. Professional school employees remain liable for their negligent conduct which results in bodily injury to a student.

In effect, this statute merely codifies the prevailing authority with respect to liability of professional school employees for their negligence. Wesley v. Page, (Ky.1974); Copley v. Board of Education, *851 (Ky.1971); Station v. Traveler's Insurance Co., (La. Ct.App.1974), (1953). See also E. Bolmeier, Teachers' Legal Rights, Restraints and Liabilities § 8 (1971); Seitz, Legal Responsibility Under Tort Law of School Personnel and School Districts as Regards Negligent Conduct Toward Pupils, 15 Hastings L. J. 495 (1964); 78 C.J.S. Schools & School Districts § 238. At least one Texas case has considered this point and ruled in accordance with the prevailing law. In Sewell v. London, (Tex.Civ.App.—Texarkana 1963, no writ), the court was concerned with a student in a vocational training program who was injured while operating a power saw. The student alleged that the power saw was defective, that he was given improper supervision in its use, and that the teacher did not take the power saw out of operation until the alleged defects were corrected. The teacher was sued in his individual capacity and no claim was asserted against the school district. The trial court granted the teacher's motion for summary judgment, but the court of civil appeals reversed and remanded on the basis that fact issues were raised by the evidence concerning the alleged negligence of the teacher. Consistent with the majority of states, the court of civil appeals' decision indicated that professional school employees could be held personally liable for their negligent acts which resulted in bodily injury to students.

The individual defendants did not establish as a matter of law that they were immune from liability under the doctrine of governmental immunity. The judgment of the court of civil appeals should therefore be affirmed.

POPE, J., joins in this dissent.

NOTES

[1] Tex.Rev.Civ.Stat.Ann. art. 6252-19, § 3 (Supp.1976-1977) in pertinent part states:

"Each unit of government in the state shall be liable for money damages for property damage or personal injuries or death when proximately caused by the negligence or wrongful act or omission of any officer or employee acting within the scope of his employment or office arising from the operation or use of a motor-driven vehicle and motor-driven equipment, other than motor-driven equipment used in connection with the operation of floodgates or water release equipment by river authorities created under the laws of this state, under circumstances where such officer or employee would be personally liable to the claimant in accordance with the law of this state, or death or personal injuries so caused from some condition or some use of tangible property, real or personal, under circumstances where such unit of government, if a private person, would be liable to the claimant in accordance with the law of this state...."

[2] This approach seems especially appropriate with regard to section 19A since it was a significant concession by the proponents of the Tort Claims Act in return for the support of the Act by school authorities. See Greenhill & Murto, Governmental Immunity, , 468 (1971). Further, the abolition of section 19A was considered by the 63rd Legislature in 1973 and rejected when it failed to enact House Bill No. 441, section 9 of which called for the repeal of Section 19A of the Tort Claims Act.

[3] The School District was authorized to purchase liability insurance under the provisions of the Tort Claims Act. Tex.Rev.Civ.Stat.Ann. art. 6252-19, § 9 (1970) provides in pertinent part:

"[A]ll units of government are hereby expressly authorized to purchase policies of insurance providing protection for such units of government, their officers, agents and employees against claims brought under the provisions of this Act ...."

[4] In 1973, the 63rd Legislature also considered this question in House Bill No. 441. Section 3 of that unsuccessful bill sought to amend Section 9 of the Tort Claims Act by expressly waiving governmental immunity to the extent of the risk covered by the liability insurance purchased and to the extent of the limits of the policy's coverage. Apparently, one of the only examples where the Legislature has expressly waived governmental immunity because of the purchase of liability insurance is found in the Texas Education Code where it states that state institutions of higher education that operate nuclear reactors may purchase liability insurance up to the amount of $250,000 and the insurer may not invoke the defense of governmental immunity. Tex.Educ.Code Ann. § 51.901 (1972).

[5] The language used in section 21.912(c) is similar to that used in the Texas Tort Claims Act. Section 19A of that Act renders school districts liable for the negligence of their employees in the operation of motor vehicles. Likewise, an employee could be personally liable for his negligence arising from the same circumstances.

# data[].attributes.attachment_link.title
Barr v. Bernhard, 562 S.W.2d 844 - CourtListener.com

# data[].attributes.attachment_link.description
845 Groce, Locke & Hebdon, Edward P. Fahey and J. Michael Myers; Clark, Thornton & Summers, Robert Summers, San Antonio, for petitioners. Bob Gibbins, Bill Zook, Austin, for respondents. McGEE, Justice.

# data[].attributes.body
Administrative
Citation: Tex. Ed. Agency.  §241. (g)

Implements policies that encourage staff to comply with Educators Code of Ethics.

Models exemplar behavior in many capacities for students and staff alike.

Ensures reports of educator misconduct are handled appropriately so investigations can be conducted.

# data[].attributes.body
This is the local policy for immunity from San Angelo ISD. Their policy incorporates federal and state law with court decisions. This policy clearly states that negligent behavior is not immune from legal liability.
Citation: Employee Rights and Privileges. San Angelo ISD (2016).
Link:

# data[].attributes.body
The Texas Educator Code of Ethics lies within the Texas Administrative Code. Within the code of ethics is clearly stated that educators must not neglect their duties.
Citation: TAC §247.2 (3)(e)3.5
Link:

# data[].attributes.attachment_link.readable_text
Enforceable Standards.
(1) Professional Ethical Conduct, Practices and Performance. (A) Standard 1.1. The educator shall not intentionally, knowingly, or recklessly engage in deceptive practices regarding official policies of the school district, educational institution, educator preparation program, the Texas Education Agency, or the State Board for Educator Certification (SBEC) and its certification process. (B) Standard 1.2. The educator shall not intentionally, knowingly, or recklessly misappropriate, divert, or use monies, personnel, property, or equipment committed to his or her charge for personal gain or advantage. (C) Standard 1.3. The educator shall not submit fraudulent requests for reimbursement, expenses, or pay. (D) Standard 1.4. The educator shall not use institutional or professional privileges for personal or partisan advantage. (E) Standard 1.5. The educator shall neither accept nor offer gratuities, gifts, or favors that impair professional judgment or that are used to obtain special advantage. This standard shall not restrict the acceptance of gifts or tokens offered and accepted openly from students, parents of students, or other persons or organizations in recognition or appreciation of service. (F) Standard 1.6. The educator shall not falsify records, or direct or coerce others to do so. (G) Standard 1.7. The educator shall comply with state regulations, written local school board policies, and other state and federal laws. (H) Standard 1.8. The educator shall apply for, accept, offer, or assign a position or a responsibility on the basis of professional qualifications. (I) Standard 1.9. The educator shall not make threats of violence against school district employees, school board members, students, or parents of students. (J) Standard 1.10. The educator shall be of good moral character and be worthy to instruct or supervise the youth of this state. (K) Standard 1.11. The educator shall not intentionally, knowingly, or recklessly misrepresent his or her employment history, criminal history, and/or disciplinary record when applying for subsequent employment. (L) Standard 1.12. The educator shall refrain from the illegal use, abuse, or distribution of controlled substances, prescription drugs, and toxic inhalants. (M) Standard 1.13. The educator shall not be under the influence of alcohol or consume alcoholic beverages on school property or during school activities when students are present. (2) Ethical Conduct Toward Professional Colleagues. (A) Standard 2.1. The educator shall not reveal confidential health or personnel information concerning colleagues unless disclosure serves lawful professional purposes or is required by law. (B) Standard 2.2. The educator shall not harm others by knowingly making false statements about a colleague or the school system. (C) Standard 2.3. The educator shall adhere to written local school board policies and state and federal laws regarding the hiring, evaluation, and dismissal of personnel. (D) Standard 2.4. The educator shall not interfere with a colleague's exercise of political, professional, or citizenship rights and responsibilities. (E) Standard 2.5. The educator shall not discriminate against or coerce a colleague on the basis of race, color, religion, national origin, age, gender, disability, family status, or sexual orientation. (F) Standard 2.6. The educator shall not use coercive means or promise of special treatment in order to influence professional decisions or colleagues. (G) Standard 2.7. The educator shall not retaliate against any individual who has filed a complaint with the SBEC or who provides information for a disciplinary investigation or proceeding under this chapter. (H) Standard 2.8. The educator shall not intentionally or knowingly subject a colleague to sexual harassment. (3) Ethical Conduct Toward Students. (A) Standard 3.1. The educator shall not reveal confidential information concerning students unless disclosure serves lawful professional purposes or is required by law. (B) Standard 3.2. The educator shall not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. (C) Standard 3.3. The educator shall not intentionally, knowingly, or recklessly misrepresent facts regarding a student. (D) Standard 3.4. The educator shall not exclude a student from participation in a program, deny benefits to a student, or grant an advantage to a student on the basis of race, color, gender, disability, national origin, religion, family status, or sexual orientation. (E) Standard 3.5. The educator shall not intentionally, knowingly, or recklessly engage in physical mistreatment, neglect, or abuse of a student or minor. (F) Standard 3.6. The educator shall not solicit or engage in sexual conduct or a romantic relationship with a student or minor. (G) Standard 3.7. The educator shall not furnish alcohol or illegal/unauthorized drugs to any person under 21 years of age unless the educator is a parent or guardian of that child or knowingly allow any person under 21 years of age unless the educator is a parent or guardian of that child to consume alcohol or illegal/unauthorized drugs in the presence of the educator. (H) Standard 3.8. The educator shall maintain appropriate professional educator-student relationships and boundaries based on a reasonably prudent educator standard. (I) Standard 3.9. The educator shall refrain from inappropriate communication with a student or minor, including, but not limited to, electronic communication such as cell phone, text messaging, email, instant messaging, blogging, or other social network communication. Factors that may be considered in assessing whether the communication is inappropriate include, but are not limited to: (i) the nature, purpose, timing, and amount of the communication; (ii) the subject matter of the communication; (iii) whether the communication was made openly, or the educator attempted to conceal the communication; (iv) whether the communication could be reasonably interpreted as soliciting sexual contact or a romantic relationship; (v) whether the communication was sexually explicit; and (vi) whether the communication involved discussion(s) of the physical or sexual attractiveness or the sexual history, activities, preferences, or fantasies of either the educator or the student.

# data[].attributes.headline
Slide 12 - Personal Connection to Legal & Ethical Standards

# data[].attributes.subject
Slide 12 - Personal Connection to Legal & Ethical Standards

# data[].attributes.body
The code says an educator cannot intentionally or knowingly neglect a student. That part is not something I would worry about myself doing however, the recklessly part seems to open up a teachers judgement to interpretation. For example, if a teacher is circulating a middle school room with their back to students that is not safe but is that reckless? Knowing that teachers have immunity from liability while carrying out their duties helps me feel more at ease. However, teachers can still be held liable if they are found to be negligent and I read cases that were not intentional harm but still negligent. This impacts me greatly as I know I am expected to act professionally and with the greatest care in loco parentis.

# data[].attributes.headline
Slide 13 - Recommendations/Best Practices

# data[].attributes.subject
Slide 13 - Recommendations/Best Practices

# data[].attributes.body
Ensure all required compliance training is completed each year.

Ensure all staff are surveyed on potential gaps in training they may need such as how to appropriately apply student accommodations.

Ensure staff only communicate with students through official district instruments like the Remind app or schoology platform.

Ensure all laws and policies are followed regarding search and seizure when conducting any search for controlled substances.

Ensure staff are trained for duty and are at all duty positions at required times.

Ensure the campus buildings and facilities are well maintained and up to codes.

Ensure staff know how and when to report suspected abuse.