Keep the State Out of Your Liability Coverage
- by: Professional Educators Of Tennessee
- recipient: Tennessee General Assembly House Education Administration & Panning Committee
US House Speaker Nancy Pelosi was mocked for saying, “But we have to pass the bill so that you can find out what is in it, away from the fog of controversy” in describing the Affordable Care Act. Now our legislators are being asked to pass a bill without knowing exactly what it entails. This legislation (SB604 / HB645, the so-called “Educator Protection Act of 2015”) asks legislators to grant the board of claims authority to provide specific insurance to teachers.
We ask that you call or write in opposition of this harmful piece of legislation to your representatives and all legislators on Education Committees by Monday, March 17, when it will be heard in the House Education Administration & Planning Committee meeting at 10:30am. This may serve the state by silencing voices of teacher organizations, but ultimately will not serve the interests of classroom teachers when they experience conflict with the state. When a conflict of interest occurs, and they will occur, the interest of the state will prevail. This means settlements will be reached even when teachers may be innocent. The state, in order to save money or diminish the negative publicity, will place its interests above those of the classroom teacher. That is why liability policies already provided by organizations such as ours offer classroom teachers true assistance. It is why we exist - to protect those who nurture Tennessee’s children.
Liability Insurance is Not Enough to Protect Teachers in the Classroom
This legislation is being created where a need does not exist. Liability insurance only goes so far. Joining a professional organization already provides teachers with liability insurance, along with other important benefits such as employee rights protection and other coverages that are not included in the bare-bones liability insurance proposed by this legislation. We are concerned that some educators, not understanding the difference between simple liability insurance and the comprehensive coverage included in membership with a professional association, may be left without vital representation when they encounter some of the most common problems educators face in the course of their careers.
A liability policy provided by the state or even a local school board would likely provide no coverage if that same board brings charges against teachers, paraprofessionals or administrators. Professional Educators of Tennessee protects its members with both superior liability and employment defense. We provide experienced attorneys and membership representatives who are knowledgeable in school law. This is something that free statewide liability insurance simply will not cover. Please read more about the additional protections provided in addition to liability insurance on our website at http://www.proedtn.org/?LegalProtection or call our Dir. Of Membership Samantha Bates at 615-778-0803 x104 with any questions.
Increasing State Costs & Expanding Government’s Role in Education
However well-intentioned this bill may be, it also appears it is designed to add recurring expense to Tennessee taxpayers and also to break the back of the teachers union. While we disagree with the union on several issues, we agree that this approach is in the best interest of Tennessee teachers. Not only do we think it is a bad idea, it embraces a big government agenda. We are reminded of the principals espoused by Ronald Reagan: that government should do no job if there is a business in the Yellow Pages that can do that job better and at a lower cost. We are in fact doing that at Professional Educators of Tennessee.
Not only can Professional Educators of Tennessee, but also our competitors, do a better job providing educator liability insurance than government. Our insurance is among the most comprehensive available. Certainly the state does not propose to duplicate our policy or service statewide, as the cost would be prohibitive. Nothing in life is free - professional liability insurance for Tennessee teachers will certainly not be free under this proposal.
Dear Representative,
Legislators are being asked to pass a bill without knowing exactly what it entails. This legislation (SB604 / HB645, the so-called “Educator Protection Act of 2015”), asks legislators to grant the board of claims authority to provide specific insurance to teachers. Under this law, the board of claims will be authorized to: (1) Establish the type or types of insurance and the insurance limits as excess insurance coverage necessary to carry out the purposes of this part; (2) Purchase or procure the insurance policy or policies with the fund as the insured; (3) Establish the effective date for which insurance coverage will be provided; (4) Enter into contracts with financial consultants, actuaries, auditors, investment managers, individual attorneys, law firms, and other consultants and professionals as necessary to effectuate the purposes of this part; (5) Establish the process for the administration of claims filed pursuant to this part; (6) Recommend annually to the commissioner of finance and administration the total occurrence basis funding required to satisfy the liabilities arising under this part; and (7) Promulgate rules that are necessary to carry out the purpose and intent of this part.
I feel that this piece of legislation is unnecessary and potentially even harmful to teachers. I am concerned that when a conflict of interest inevitably occurs the interest of the state will prevail and settlements may be reached even when the teacher is innocent. The state, in order to save money or diminish the negative publicity, will place its interests above those of the classroom teacher. A liability policy provided by the state or even a local school board would likely provide no coverage if that same board brings charges against teachers, paraprofessionals or administrators.
The legislation is simply not needed. As a member of Professional Educators of Tennessee I already have substantial liability protection, along with other important benefits such as employee rights protection and other coverages that are not included in this bill. My association protects its members with both superior liability and employment defense, providing experienced attorneys and membership representatives who are knowledgeable in education law. Some educators, not understanding the difference between simple liability insurance and the comprehensive coverage included in membership with a professional association, may be left without vital representation when they encounter some of the most common problems educators face in the course of their careers.
I respectfully request that you reconsider this legislation and do not pass SB604/HB645.
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