Published by MOASBO, July 2010
Sixteen newly enacted statutory sections relating to elementary and secondary education will be effective August 28, 2010. These sections are the product of a recent house bill that revised fourteen current statutory sections and created two new ones. The changes to the current law will touch on various issues from school uniforms to finance. Of particular importance to individual school district employees, the Legislature has expanded school district employees’ protection from civil liability in two respects, following board of education policy and administering health-related services to students.
In the new Section 160.261 R.S.Mo., the Legislature has provided that teachers and district personnel responsible for the care, supervision, and discipline of students shall not be civilly liable when acting in conformity with established board policies. Previously, this Section only provided immunity for employees acting upon and following discipline policies. The removal of the references to discipline gives teachers and administrators protection potentially from a far greater number of claims as long as their actions were in accordance with board policy. Obviously, this increase of immunity makes it more important than ever for school districts to review district policies and revise and expand them where appropriate to provide greater protection for employees.
The second recent expansion of immunity relates to the administration of health services to students. With the newly enacted sections, the Legislature has clarified school personnel’s immunity in providing first aid to students and has created immunity for those administering medications or medical services. Specifically, Section 167.621 R.S.Mo. provides immunity to any school district employee who provides routine first aid to a student following proper procedure adopted by the Board of Education. Likewise, the Section provides immunity from civil liability for the administration of medication or medical services in good faith and according to standard medical practices to any employee who is qualified to administer medication or medical services.
In the new Section 167.624 R.S.Mo., the Legislature also specifically addressed the administration of lifesaving efforts. Employees who have received training on the administration of cardiopulmonary resuscitation and other lifesaving methods will now be immune from liability if they administer such lifesaving methods on a student in good faith and according to standard medical practices. In addition, Section 167.630 R.S.Mo. expressly provides immunity for school nurses and other trained employees in the administration of a prefilled epinephrine auto syringe to a student.
While these new and expanded immunities from liability should provide some peace of mind to school district employees, they are not without limitations. First, it should be noted that while there is increased protection for individual employees, the Legislature did not create any new immunities or bars to liability for suits against school district entities. Second, it appears that to fall within the protection of any of these new or expanded immunities some training and/or adherence with established Board of Education’s policies or practices is required. Thus, school districts and employees will need to take some steps to ensure that employees are within the protections of the statutes. School district should review the newly enacted Missouri Revised Statutes §§ 160.261, 167.621, 167.624 and 167.630 to determine if additional Board of Education policies and practices or employee training should be put in place.
© 2010 Mickes Goldman O’Toole, LLC
