Bill to Provide School Districts with COVID-19 Lawsuit Protection

The Chair of the Assembly Education Committee, Patrick O’Donnell, has introduced a bill (AB 1384) which is intended to provide school districts with liability protection against COVID-19 related lawsuits.

Under AB 1384:

• Governing boards would be required to establish policies for operating schools during the COVID-19 pandemic using guidelines issued by government and public health agencies.

• Districts would not face any monetary liability for injuries related to COVID-19 infection, or any acts or omissions by the district in response to the COVID-19 pandemic, such as a claim for injury, death, emotional distress, economic loss, or a violation of civil liberties.

• Protections apply to acts alleged to have occurred during the COVID-19 pandemic and up to 12 months following the end of the COVID-19 state of emergency.

• Protections would not apply to claims involving gross negligence or misconduct.

• According to Assembly member O’Donnell’s press release, “(T)he bill does not modify or affect workers’ compensation claims by employees.”

We’ll keep you updated as the bill progresses.

Stay safe and until next time,

Mike Brown Risk Management Program Manager