{ "_metadata": { "source": "https://simbli.eboardsolutions.com/Policy/ViewPolicy.aspx?S=36030397&revid=tsfHZjslshzU58slshDT7soqJrng==", "scrapedAt": "2026-05-24T20:11:49.868Z", "method": "Playwright + Simbli ViewPolicy API scraper" }, "code": "9260", "title": "Legal Protection", "type": "AR", "section": "9000", "lastRevised": "01/28/2009", "lastReviewed": "01/28/2009", "hasAttachment": false, "revid": "tsfHZjslshzU58slshDT7soqJrng==", "contentHtml": "\n\n\t\n\t\n\t\n\t\n\t\n\n\n\n

Liability Insurance

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The Board of Education 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.

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Protection Against Liability

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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)

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The protection against liability shall not apply when: (20 USC 6736)

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  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.
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  2. The Board member caused harm by operating a motor vehicle.
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    3. \n\t
  3. The Board member was not properly licensed, if required, by the State for such activities.
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    4. \n\t
  4. The Board member was found by a court to have violated a federal or state civil rights law.
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    5. \n\t
  5. The Board member was under the influence of alcohol or any drug at the time of the misconduct.
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    6. \n\t
  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.
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    7. \n\t
  7. The misconduct involved a sexual offense for which the Board member has been convicted in a court.
    8. \n
\n\n\n", "contentText": "Liability Insurance\n\nThe Board of Education 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.\n\nProtection Against Liability\n\nNo 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)\n\nThe protection against liability shall not apply when: (20 USC 6736)\n\n- 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.\n\n- The Board member caused harm by operating a motor vehicle.\n\n- The Board member was not properly licensed, if required, by the State for such activities.\n\n- The Board member was found by a court to have violated a federal or state civil rights law.\n\n- The Board member was under the influence of alcohol or any drug at the time of the misconduct.\n\n- 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.\n\n- The misconduct involved a sexual offense for which the Board member has been convicted in a court.", "footnotes": [ { "type": "State", "references": [ { "code": "Ed. Code 17029.5", "description": "Contract funding; board liability", "url": "http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=17029.5.&lawCode=EDC" }, { "code": "Ed. Code 35208", "description": "Liability insurance", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=35208." }, { "code": "Ed. Code 35214", "description": "Liability insurance (self-insurance or a combination of self-insurance and insurance through an insurance company)", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EDC§ionNum=35214." }, { "code": "Gov. Code 1090-1098", "description": "Prohibitions applicable to specified officers", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=4.&title=1.&part=&chapter=1.&article=4." }, { "code": "Gov. Code 54950-54963", "description": "The Ralph M. Brown Act", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=2.&title=5.&part=1.&chapter=9.&article=" }, { "code": "Gov. Code 815.3", "description": "Intentional torts", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=815.3." }, { "code": "Gov. Code 820-823", "description": "Tort claims act", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=3.6.&title=1.&part=2.&chapter=1.&article=3." }, { "code": "Gov. Code 825-825.6", "description": "Indemnification of elected officials", "url": "" }, { "code": "Gov. Code 87100-89503", "description": "Conflicts of interest", "url": "https://leginfo.legislature.ca.gov/faces/codes_displayexpandedbranch.xhtml?tocCode=GOV&division=&title=9.&part=&chapter=7.&article=" } ] }, { "type": "Federal", "references": [ { "code": "18 USC 16", "description": "Crime of violence; definition", "url": "https://uscode.house.gov/view.xhtml?req=(title:18%20section:16%20edition:prelim)%20OR%20(granuleid:USC-prelim-title18-section16)&f=treesort&edition=prelim&num=0&jumpTo=true" }, { "code": "20 USC 7941-7948", "description": "Teacher liability protection", "url": "" } ] }, { "type": "Management Resources", "references": [ { "code": "Court Decision", "description": "Caldwell v. Montoya (Paramount Unified School District) 10 Cal 4th 972 (1995)", "url": "https://www.lexisnexis.com/clients/CACourts/" }, { "code": "Website", "description": "CSBA District and County Office of Education Legal Services", "url": "https://legalservices.csba.org/" } ] } ], "crossRefs": [ { "code": "1330.1", "title": "Joint Use Agreements", "type": "AR" }, { "code": "3530", "title": "Risk Management/Insurance", "type": "AR" }, { "code": "3530", "title": "Risk Management/Insurance", "type": "AR" }, { "code": "4119.1", "title": "Civil And Legal Rights", "type": "AR" }, { "code": "4219.1", "title": "Civil And Legal Rights", "type": "AR" }, { "code": "4319.1", "title": "Civil And Legal Rights", "type": "AR" }, { "code": "9000", "title": "Role Of The Board", "type": "AR" }, { "code": "9124", "title": "Attorney", "type": "AR" }, { "code": "9323.2", "title": "Actions By The Board", "type": "AR" } ], "attachments": [] }