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Last updated: May 12, 2009 8:47 a.m.

General Assembly

Teacher immunity law signed

Niki Kelly
The Journal Gazette
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INDIANAPOLIS – Gov. Mitch Daniels signed into law Monday the only piece of his legislative agenda to survive the session – a bill shielding teachers from frivolous lawsuits in school discipline cases.

“Education cannot start until disorder stops,” he said in a news conference about the measure.

House Bill 1462 grants teachers “qualified immunity” from lawsuits related to disciplinary action and notifies teachers that the state attorney general will defend them if they are sued. It is effective July 1.

Supporters hope this will stem a culture of fear that teachers have in keeping order in the classroom.

There is already a state law clearing teachers of liability in reasonable discipline cases, but Attorney General Greg Zoeller said qualified immunity gives him a much stronger position to defend a teacher.

He noted that lawsuits can still be filed, but it is likely a judge will dismiss the case much more quickly.

Zoeller also said he hopes the new law will discourage school districts from settling cases before lawsuits are filed.

This happens because insurance companies choose small settlements over protracted legal battles.

Daniels said he realized after visiting hundreds of classrooms and meeting teachers from all over the state that today’s classroom environment doesn’t resemble the one he grew up in.

He said the level of disobedience was eye-opening and that many teachers told him they didn’t think they could deal with the problems without getting sued.

The bill also requires schools to expand criminal history background checks before hiring any staff member.

This measure “moves Indiana from a chair in the back of the room to the head of the class nationally when it comes to taking significant steps to protect our children,” Superintendent of Public Instruction Tony Bennett said.

nkelly@jg.net