Educator’s Liability Insurance
Two Million Dollar Educator’s Liability Insurance available through NASET
Every day special educators are faced with the stresses and potential liability issues involved in dealing with children with special needs. As a result you may be vulnerable to lawsuits, which have been on the rise over the last few years, from parents, or students themselves. With children especially taunting teachers that their parents can sue them whenever the educator does something they do not like, it is imperative that the educators have a way to protect themselves.
A recent judgment in Tennessee for 1.5 million dollars shows that the need to protect the teachers from these kinds of liabilities. NASET members will now have the opportunity for less than $10.00 a month to secure a 2 million dollar liability policy. Liability insurance is needed to protect educators from monetary suits and the cost of defending the actions.
Liability losses occur when someone becomes legally obligated to pay compensation for harm done to someone else. For a liability loss to occur, all of the following conditions must exist:
- There must be some legal principle governing the relationship of the two parties
- Some definite injury has occurred to one
- Some conduct by the other party has led to that injury
- Either an agreement of the parties or a judgment of a court has been made concerning the amount of the liability
[Source: Property and Liability Insurance Principles, Insurance Institute of America, First Edition, 1987, page 64.]
Most special educators have car insurance, home insurance; health insurance etc. but have no insurance to cover their careers in which they spend the majority of their time. Special educators are dedicated to protecting the safety of all children and to the academic and personal growth of all its students. This responsibility however should not include the worry of losing their career because they are trying to do their job. With today’s cost of legal counsel alone, all educators need to make sure that they have liability insurance that is sufficient to cover the rising costs of lawsuits.
In the past decade, the number of suits filed against educators and administrators has risen dramatically, causing the cost of insurance to increase as well.
While some special educators may feel that they do not need this type of coverage and they are protected by their district, they should think twice. They will need to realize that many unfortunate situations may arise including but not limited to:
- Dissatisfaction with grades
- Accusations of discrimination
- Accusations of racism
- Accusations of sexual misconduct.
- Misinterpreted remarks, gestures or comments
- Medical neglect
- Accusations of negligence if fight should occur in the classroom and someone is injured
- Accusations of harassment
- Accusations of academic misdiagnosis to name a few
Even if you are 100% innocent of the charges or accusations, legal costs alone could run into the thousands and sometimes tens of thousands of dollars. In special education today, parents – and students – are more aware of their rights, and the laws that govern special education and hold teachers/educators to high standards.
Don’t try to convince yourself that the expense of your professional and public liability protection is unnecessary or unjustified. Experience shows that the cost of such coverage is by far lower than the risk a teacher takes by not having such protection. Why take a chance for less than $10.00 a month.
Not all policies are alike and the Two Million Dollar Educator Liability Insurance policy has some extra protection that other organizations don't offer. The policy offers $2,000,000 of protection per occurrence, per member. Defense costs are paid in addition to this amount!
Every policy holder is insured individually.
Accessing the legal service benefits is never dependent on the discretion and pre-approval of an NASET executive. Access to your legal protection is not dependent upon whether your case is determined to be in the best interest of NASET, as it is with some other organizations.
YOU are the insured!
On liability insurance-related matters, NASET members are free to use the attorney referral network or they may prefer to seek out legal representation of their own choosing instead of having to accept a predetermined legal advisor as with some other organizations.
Please note…
The policies network of attorneys bill our insurance provider—not you, the individual teacher—for services covered under the plan available through NASET…except in instances when you choose to use your own attorney. In those cases, your attorney will be reimbursed for services rendered up to the limits specified in the policy.
Download Educators Liability Application Form
Frequently Asked Questions about the Two Million Dollar Educator’s Liability Insurance available through NASET
Q. Who's Eligible?
A. Members and non members of NASET are eligible for this coverage if they are a W-2 employee of an educational entity; i.e., public or private school, university, or college. Owners and board members are not eligible for coverage. Here are some commonly asked questions about the Two Million Dollar Educator Liability Insurance Policy available through NASET.
Q. Do members of NASET receive a reduced rate?
A. Yes. The Two Million Dollar Educator’s Liability Insurance Policy is available at a greatly reduced rate to any active member of NASET ($115.00 per year for members versus $175.00 a year for non members.)
Q. What's covered under this policy?
A. You will be protected against a broad range of exposures, including the following allegations (whether those allegations are true or false):
- Injuries to students under your supervision
- Failure to educate
- Violation of students' civil rights
- Hiring unqualified persons
- Failure to promote students or grant credit
- Improper methods of instruction
- Accusations of sexual or physical abuse
Q. Won't my school have liability insurance? Why should I have my own coverage?
A. While most likely your district will have liability insurance, that policy must protect the district, school board members, trustees, administrators, as well as teachers, and must defend everything from their student admission policies to their employment practices. Institutions can end up spending millions of dollars to defend a case against them and the related damages or settlement amounts. If the district's policy is not broad enough you may find yourself personally and financially liable for alleged actions or inactions.
Q. What kinds of things are not covered by this policy?
A. Criminal acts for which you are found guilty. Activities not arising out of your educational activities. Intentionally inflicting bodily injury (except corporal punishment).
Q. Am I covered for lawsuits based on sexual harassment or abuse?
A. Yes. After a $100 deductible, the plan pays 90% of your attorney's fees up to $50,000, provided you are found to be not guilty or the charges are dropped.
Q. Are lawsuits against educators increasing?
A. Yes. As part of a general trend in increased litigation, the number of lawsuits against schools and teachers has been rising over the last decade. According to an American Tort Reform Association survey, almost 1/3 of all high school principals have been involved in a lawsuit in the last two years, compared to only 9% percent ten years ago.
Q. Does this coverage protect me only if I'm found not guilty?
A. You'll be protected against exposures in civil suits such as failure to educate or violation of student civil rights—whether you're at fault or completely innocent. However, in the event of criminal charges—such as sexual abuse or charges arising out of corporal punishment—the policy will only respond if you are found not guilty or the charges are dismissed.
Q. What about legal help if I'm suspended?
A. The plan will pay up to $500 for your initial consultation with an attorney, and it will pay another $750 of the cost of having an attorney represent you at a formal hearing of a school board or other authority if you are threatened with termination, suspension, reassignment, or demotion. In addition, you will receive up to $4000 for legal fees, subject to $100 deductible, if you decide to sue because of termination, reassignment, suspension, or demotion. However, that final judgment must be rendered in your favor. If not, your policy will still pay $750 for reimbursement of legal fees without regard to final judgment. If the above coverage doesn't sound like much, remember that those amounts are guaranteed.
Other organizations' plans may promise you greater coverage amounts in job protection benefits, but they can decide whether you receive coverage. It is well known in the industry that some organizations only choose to represent their members in cases that advance the organization's goals, and only if they think the case can be won. Their insurance and legal protection may look good, but if they don't take your case, it's worthless!
With the policy available through NASET you know that you have up to $5,000 in job protection benefits. And you would be surprised how many job-related conflicts are resolved with just a couple of phone calls from your association or attorney.
Q. When does my coverage apply?
A. Your plan will provide coverage for claims brought at any time, as long as the occurrence that resulted in litigation occurred while your Liability policy was in effect. You'll be covered even if you've dropped the coverage, as long as your coverage was in force when the incident happened.
Q. How do I apply for coverage?
A. Simply download the following electronic form below and mail or fax to NASET.