§ 1756. Protection of teachers, employees, and board members in damage suits
(a) A town, city, incorporated, or union school district and a supervisory union shall
indemnify and save harmless to the extent of the policy limits provided in subsection
(b) of this section any person employed by the school district or supervisory union
and any member of its executive, supervisory, or administrative staff, including members
of the school board, from financial loss and expense, including reasonable legal fees
and costs, if any, arising out of any claim, demand, suit, or judgment by reason of
alleged negligence or other act resulting in accidental injury to a person or accidental
damage to or destruction of property, within or outside the school building, provided
that the indemnified person at the time of the accident resulting in such injury,
damage, or destruction was acting in the discharge of his or her duties within the
scope of his or her employment or under the direction of the board of the school district
or of the supervisory union.
(b) Each board of a school district or a supervisory union shall insure against the liability
imposed upon it by this section in any insurance company organized in this State or
in any insurance company of another state authorized by law to write insurance in
this State, or through participation in an intermunicipal insurance agreement established
under 24 V.S.A. chapter 121, subchapter 6, with minimum coverage in the form of a
comprehensive general liability policy including liability for the operation of owned
and nonowned motor vehicles and including the employees as additional insureds and
with minimum limits of not less than $500,000.00 per person and $2 million per occurrence
for bodily injury and for property damage.
(c) Each board of a school district or a supervisory union required to insure against
the liability imposed upon it by this section shall furnish proof of insurance with
the minimum limits prescribed by this section to the Secretary of Education, which
shall be evidence of the insuring against the liability and property damage required
by this section. In the event of cancellation, the board shall provide at least 30
days’ prior notice of cancellation to the Secretary. (Added 1969, No. 123; amended 1975, No. 48, § 13, eff. April 15, 1975; 1975, No. 100, § 1; 2003, No. 36, § 12; 2003, No. 107 (Adj. Sess.), § 10, eff. Jan. 1, 2005; 2005, No. 182 (Adj. Sess.), § 5; 2013, No. 92 (Adj. Sess.), § 171, eff. Feb. 14, 2014.)