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Washington, DC --
Yesterday, by a vote of 239-189, the House of Representatives joined the
United States Senate in passing teacher liability protections when it
amended language in the Teacher Liability Protection Act (H.R. 1103) to
H.R.1, the No Child Left Behind Act of 2001.
The legislation,
introduced by Congressman Kevin Brady (R-TX) with bipartisan cosponsorship,
would protect teachers, principals, school boards, and schools from
frivolous lawsuits meant to intimidate and harass teachers, principals,
and school boards. Similar language passed the Senate earlier this month
by a vote of 98-1. H.R. 1 is expected to pass the House soon.
"As classrooms grow
more dangerous, and school violence escalates, teachers and principals
need to know they can enforce school discipline and maintain order in the
classroom without fear of being sued," said ATRA President Sherman
Joyce. "Just as importantly, however, this legislation does not
promote corporal punishment in schools, and it does not protect teachers
and principals from civil lawsuits dealing with physical or sexual abuse,
or civil rights claims."
States disagreeing with
the law's policies could opt out of its provisions.
"Dedicated teachers,
principals and school boards who act responsibly shouldn't be afraid of
being unfairly and recklessly hauled into court," said Congressman
Brady.
In addition to ATRA's
support, Congressman Brady's amendment enjoyed the support of the National
School Board Association (NSBA), the National Association of Elementary
School Principals (NAESP), and the National Association of Secondary
School Principals (NASSP), numerous Citizens Against Lawsuit Abuse
(CALA) groups, Citizens for a Sound Economy (CSE), and the Houston
Chronicle.
The Teacher Protection
Act is a partial solution to problems exposed in a school principal survey
conducted by the NASSP, the NAESP, and ATRA in 1999. That survey showed
that nearly one principal in five spends 5-10 hours a week in meetings or
documenting events to avoid litigation. Sixty-four percent of respondents
expected an increase in litigation as a result of escalating violence in
our nation's schools.
Curiously, House Minority
Leader Richard Gephardt (D-MO) reversed his earlier support of the
language in the Brady amendment at the same time that the National
Education Association (NEA) formally registered its opposition to the
legislation. Gephardt urged his colleagues in Congress to oppose the
legislation.
"In reversing his
earlier position on this important legislation, Congressman Gephardt chose
the interests of wealthy personal injury lawyers and the powerful teachers
union over the interests of individual teachers, principals, and
taxpayers," added Joyce.
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