9260 – Bylaws – Board Members – Legal Protection

Policy – x
Regulation –
Exhibit –

Adopted – 7/16/1998
Revised – 11/5/2009
Liability Insurance

The Governing Board shall provide insurance necessary to protect Board members and employees while acting within the scope of their office or employment in accordance with Education Code 35208.

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

Legal Reference:
EDUCATION CODE
17029.5 Contract funding; board liability
35208 Liability insurance
35214 Liability insurance
GOVERNMENT CODE
815.3 Intentional torts
820-823 Tort Claims Act
825.6 Indemnification of public entity
1090-1098 Conflicts of interest, prohibitions applicable to specified officers
54950-54963 The Ralph M. Brown Act
87100-89503 Conflicts of interest
UNITED STATES CODE, TITLE 18
16 Crime of violence defined
UNITED STATES CODE, TITLE 20
6731-6738 Teacher Protection Act
COURT DECISIONS
Caldwell v. Montoya (Paramount Unified School District) 10 Cal 4th 972 (1995)

CSBA Date – 10/95

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