Escondido Union ESD | BB 9260 Board Bylaws
The Board of Education shall provide liability insurance necessary to protect board members, officers, and employees from any judgment resulting from suits brought against them alleging their liability. The insurance shall cover claims in such matters as civil rights actions, negligence, or other act resulting in accidental injury to any person or property damage in or out of the school buildings while the above-named insured are acting within the scope of their employment and/or under the direction of the board.
Protection Against Liability
No board member shall be liable for harm caused by his/her act or omission when acting within the scope of district responsibilities. The act or omission must be in conformity with federal, state, and local laws and made in furtherance of an effort to control, discipline, expel, or suspend a student, or maintain order or control in the classroom or school (20 USC 6736)
The protection against liability shall not apply when: (20 USC 6736)
1. The board member acted with willful or criminal misconduct, gross negligence, recklessness, or a conscious, flagrant indifference to the harmed person's right to safety.
2. The board member caused harm by operating a motor vehicle.
3. The board member was not properly licensed, if required, by the state for such activities.
4. The board member was found by a court to have violated a federal or state civil rights law.
5. The board member was under the influence of alcohol or any drug at the time of the misconduct.
6. The misconduct constituted a crime of violence pursuant to 18 USC 16 or an act of terrorism for which the board member has been convicted in a court.
7. The misconduct involved a sexual offense for which the board member has been convicted in a court.
17029.5 Contract funding; board liability
35208 Liability insurance
35214 Liability insurance (self-insurance or a combination of self-insurance and insurance through an insurance company)
815.3 Intentional torts
825.6 Indemnification of public entity
UNITED STATES CODE, TITLE 18
16 Crime of violence defined
UNITED STATES CODE, TITLE 20
Caldwell v. Montoya (Paramount Unified School District) 10 Cal 4th 972 (1995)
Bylaw ESCONDIDO UNION SCHOOL DISTRICT
adopted: October 23, 2003 Escondido, California