On the recordMay 23, 2001
One of the chronic complaints we hear about public education is a lack of discipline. In fact, I hear more about that than any other single issue from our public schools today, and the concerns expressed by teachers that they might be sued if they attempt to discipline students. In fact, their concerns are not unfounded. Thirty-one percent of all high schools have faced lawsuits or out-of-court settlements in the past 2 years. Teachers are not only wary of intervening physically in student confrontations, but there are times when teachers have to make judgment calls about disciplining a child whose behavior is distracting rather than dangerous. Some teachers err, frankly, on the side of leniency. The result has been a steady erosion of the teachers' ability to maintain order in the classroom. This addresses this problem by freeing teachers, principals, and school board members from meritless Federal lawsuits when they enforce reasonable rules. The amendment language is very modest and narrowly tailored. The amendment only deals with Federal causes of action that might be brought against teachers or principals who act in a reasonable way to maintain order and discipline in the classroom. There is absolutely no protection for reckless or criminal misconduct. Also, the amendment does not protect teachers when they violate State or local law.
Source
govinfo.gov




