Relating to civil actions associated with permissible physical contact between certain specified school employees or volunteers and students, including civil and criminal immunity, monetary damages, and attorney fees

This bill relates to civil actions associated with permissible physical contact between certain specified school employees or volunteers and students, including civil and criminal immunity, monetary damages, and attorney fees. Current law governing corporal punishment in schools prohibits an employee of a public school district, accredited nonpublic school, or area education agency from inflicting corporal punishment upon a student. “Corporal punishment” is defined as the intentional physical punishment of a student. Current law specifies circumstances in which an employee’s physical contact with the body of a student shall not be considered corporal punishment. Current law also provides that a school employee who, in the reasonable course of the employee’s employment responsibilities, comes into physical contact with a student shall be granted immunity from any civil or criminal liability which might otherwise be incurred or imposed as a result of such physical contact, if the physical contact is reasonable under the circumstances and involves various specified acts. This bill applies the same prohibitions, responsibilities, and immunity to a school volunteer and to a charter school employee. The bill provides that if a school employee or school volunteer is granted immunity from any civil or criminal liability in this way, the school district, board of directors of the school district, accredited nonpublic school, authorities in charge of the accredited nonpublic school, charter school, governing board in charge of the charter school, area education agency, or board of directors of an area education agency shall also be granted immunity from any civil or criminal liability to the same extent as the school employee or school volunteer. Current law provides that any school employee determined in a civil action to have been wrongfully accused of violating state law on corporal punishment in schools shall be awarded reasonable monetary damages, in light of the circumstances involved, against the party bringing the action. The bill applies this provision to a school volunteer, the school district, board of directors of the school district, accredited nonpublic school, authorities in charge of the accredited nonpublic school, charter school, governing board in charge of the charter school, area education agency, or board of directors of an area education agency as well. The bill provides that reasonable monetary damages include attorney fees.