Signed by Governor John Hickenlooper

Vote Smart's Synopsis:

Vote to pass a bill that limits governmental immunity for public schools involving incidents of school violence, effective July 1, 2017.

Highlights:

• Requires a school district or charter school and their employees to exercise “reasonable care” to protect all students, faculty, and staff from an act committed by another individual when the harm is “reasonably foreseeable” (Sec. 2). 
• Authorizes an individual affected by incidents of school violence to file a lawsuit against a school for failure to exercise “reasonable care” (Sec. 2).
• Specifies that the maximum amount of damages that can be claimed in lawsuits filed against a school for failure to exercise “reasonable care” are the following amounts (Sec. 3):
• Maximum of $350,000 for any injury to one individual; or
• Maximum of $900,000 for any injuries to two or more individuals. 
• Specifies that an employee of a public school, school district, or a charter school is not subject to a lawsuit unless the employee’s actions or omissions are “willful and wanton” (Sec. 2).
• Specifies that a public school, school district, or charter school will not be found negligent solely as a result of not expelling or suspending a student (Sec. 2).
• Prohibits a defendant from offering a settlement prior to the completion of discovery in an effort to promote full disclosure of information about the events leading to an accident (Sec. 2). 

Full Bill Text