§ 22-12-101. Short Title

This article shall be known and may be cited as the “Teacher and School Administrator Protection Act”. Source: L. 2003: Entire article added, p. 1216, § 1, effective August 6.

§ 22-12-102. Legislative Declaration

The general assembly hereby finds that: Promoting the quality of primary and secondary public education is a compelling state interest; Maintaining a safe environment is an important component of learning. At times, educators may feel they lack the authority to maintain safety and discipline in the public school classroom or they may hesitate to exercise […]

§ 22-12-103. Definitions

As used in this article, unless the context otherwise requires: “Educational entity” means the state board of education, a school district board of education, and a governing body of a charter school. “Employee” means an individual elected or appointed to an educational entity and an individual who is an employee of an educational entity or […]

§ 22-12-104. Liability

An educational entity and its employees are immune from suit for taking an action regarding the supervision, grading, suspension, expulsion, or discipline of a student while the student is on the property of the educational entity or under the supervision of the educational entity or its employees; except that immunity shall not apply if the […]

§ 22-12-105. False Reports – Misdemeanor

Except as otherwise provided in this section, a person eighteen years of age or older who intentionally makes a false accusation of criminal activity against an employee of an educational entity to law enforcement authorities, school district officials or personnel, or both commits a misdemeanor and, upon conviction, shall be fined up to two thousand […]

§ 22-12-106. Frivolous Actions – Attorney Fees – Costs

In a civil action or proceeding against an educational entity or its employee in which the court finds the educational entity or its employee is immune from suit or from liability pursuant to the provisions of section 22-12-104, the court shall award costs and reasonable attorney fees to the defendant or defendants. The court in […]

§ 22-12-107. Insurance

Unless otherwise provided by statute, the existence of a policy of insurance indemnifying an educational entity against liability for damages is not a waiver of a defense otherwise available to the educational entity or its employees in the defense of a claim. Source: L. 2003: Entire article added, p. 1219, § 1, effective August 6.

§ 22-12-108. Applicability

This article shall be supplemental to the “Colorado Governmental Immunity Act”, article 10 of title 24, C.R.S. An action that is barred under the provisions of the “Colorado Governmental Immunity Act”, including but not limited to section 24-10-109, C.R.S., shall be barred under the provisions of this article. Source: L. 2003: Entire article added, p. […]

§ 22-12-109. Special Rule

This article shall not infringe on any right provided under the federal “Individuals with Disabilities Education Act”, 20 U.S.C. sec. 1400 et seq. Source: L. 2003: Entire article added, p. 1219, § 1, effective August 6.