DGC(LEGAL) - EMPLOYEE RIGHTS AND PRIVILEGES: IMMUNITY

Immunity from Individual Liability

Professional Employees

Motor Vehicle Exception

Education Code 22.0511(a)–(b), .051; Hopkins v. Spring Indep. Sch. Dist., 736 S.W.2d 617 (Tex. 1987); Barr v. Bernhard, 562 S.W.2d 844 (Tex. 1978)

Individuals

No Waiver

Require an employee to waive the employee's immunity from liability under Education Code 22.0511; or

Require an employee who acts in good faith to pay for or replace property belonging to a student or other person that the employee possessed because of an act incident to or within the scope of employment. [See DG(LEGAL) at INSTRUCTIONAL MATERIALS AND TECHNOLOGICAL EQUIPMENT]

Education Code 22.0511(d)

Teachers (Coverdell Act)

The teacher was acting within the scope of the teacher's employment or responsibilities to a school or governmental entity;

The actions of the teacher were carried out in conformity with federal, state, and local laws (including rules and regulations) in furtherance of efforts to control, discipline, expel, or suspend a student or maintain order or control in the classroom or school;

If appropriate or required, the teacher was properly licensed, certified, or authorized by the appropriate authorities for the activities or practice involved in the state in which the harm occurred, where the activities were or practice was undertaken within the scope of the teacher's responsibilities;

The harm was not caused by willful or criminal misconduct, gross negligence, reckless misconduct, or a conscious, flagrant indifference to the rights or safety of the individual harmed by the teacher; and

The harm was not caused by the teacher's operating a motor vehicle, vessel, aircraft, or other vehicle for which the state requires the operator or the owner of the vehicle, craft, or vessel to:

Possess an operator's license; or

Maintain insurance.

A teacher, instructor, principal, or administrator;

Another educational professional who works in a school;

An individual member of a school board (as distinct from the board); or

A professional or nonprofessional employee who works in a school, and:

In the employee's job, maintains discipline or ensures safety; or

In an emergency, is called on to maintain discipline or ensure safety.

20 U.S.C. Sections 7943, 7946(a)

Report of Drug Offenses

Marijuana or a controlled substance, as defined by the Texas Controlled Substances Act.

A dangerous drug, as defined by the Texas Dangerous Drug Act.

An abusable glue or aerosol paint, as defined by Health and Safety Code Chapter 485, or a volatile chemical, if the substance is used or sold for the purpose of inhaling its fumes or vapors.

An alcoholic beverage, as defined by Section 1.04, Alcoholic Beverage Code.

Education Code 37.016

Report to Local Law Enforcement

Child Abuse and Maltreatment

Attendance Committee Membership

Administration of Medication

Immunity for Mental Health First Aid

Immunity for Shelter Workers

Tom Bean ISD

DGC(LEGAL)-P

UPDATE 105

DATE ISSUED: 7/4/2016