ILNews

Governor gives teachers more legal protection

Back to TopCommentsE-mailPrintBookmark and Share

Hoping to curb frivolous lawsuits against teachers and schools, Gov. Mitch Daniels signed into law today legislation that he describes as being the strongest in the nation on protecting teachers from student discipline litigation.

With Indiana Attorney General Greg Zoeller and Superintendent of Public Instruction Tony Bennett nearby, Daniels held a ceremonial signing of House Enrolled Act 1462 this morning that put the new student discipline law into place starting July 1. It grants educators a qualified immunity status for a disciplinary action taken in "good faith," creates a process to ensure teachers are afforded state legal defense when sued, expands the authority of teachers to remove disruptive students from their classrooms, and establishes a national criminal background check for potential educators.

Teachers don't feel comfortable disciplining students because of possible lawsuits, Daniels and Zoeller said. Teachers would essentially be given the same qualified immunity status as state police or government officials, they said.

"Quality education cannot start until order prevails, and as of today Indiana has the strongest law protecting teachers against unruly students, unreasonable parents, and lawyers of all kinds," Daniels said. "This essentially eliminates the ability to sue a teacher or school acting in good faith, and ends the threat of legal harassment, except in the most extreme of circumstances."

Daniels described "good faith" as anything that doesn't involve a personal vendetta against a child. With this statute, the Attorney General's Office will also offer a hotline for teachers to use for assistance on legal issues. They will be referred to a deputy attorney general in the litigation division who will evaluate their case.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

ADVERTISEMENT