Liability Insurance

IMPORTANT NOTE:

These answers are offered as a guide to the coverage of the PSEA-NEA Educators Employment Liability Policy. They are not a substitute to the formal policy. Please refer to the Educators Employment Liability Policy for complete information on your coverage. Also, please discuss any questions with your PSEA-NEA UniServ representative.

Who is covered by the PSEA-NEA EEL Policy?

EEL Policy is available to PSEA-NEA members, including teachers and other professionals, educational support personnel, student teachers, retired members and substitute teachers.

Is the EEL Policy available to agency feepayers?

No. You must be a member of PSEA-NEA.

What types of cases are covered by the EEL Policy?

Claims filed as against you in your role as an education employee, including charges filed against you as a result of corporal punishment. Examples of the civil matters that education employees face may include sexual harassment lawsuits and lawsuits resulting from injuries to students. These injuries are often sustained on the playground or in shop or Vo-Tech classes. School employees often find themselves involved in civil rights suits when a student or parent claims that the student's civil rights have been violated - many times not by the school employee himself but rather by other students. The lawsuit then claims that the school employee was negligent in letting this harassment occur or continue to occur. Violations of students' I.E.P.s, the ADA and/or IDEA, and accusations of breach of student confidentiality are also examples of civil rights lawsuits that teachers often face.

Are school administrators covered by the EEL Policy?

Yes, if they are PSEA-NEA members.

I teach at a private school. Does the EEL Policy cover me?

Yes, if you are a PSEA-NEA member.

I work at a charter school. Does the EEL Policy cover me?

Yes, if you are a PSEA-NEA member.

I’m a driver ed instructor? Does the EEL Policy cover me?

A driver training instructor is covered while riding as a passenger in the course of educational employment activities.

I’m a School Nurse. Does the EEL Policy cover me?

Yes. The policy also covers members who are Dental Hygientists, Physical Therapists, Occupational Therapists, Nursing Educators and Athletic Trainers.

If I am charged with violating the civil rights of a student, does the EEL Policy cover me?

The EEL Policy covers claims against members alleging a violation of any person’s civil rights, including alleged violations of the Americans With Disabilities Act and similar state and federal laws. The EEL policy provides coverage up to $300,000 in civil rights cases.

Am I covered if criminal charges are brought as a result of my employment activities?

The EEL policy provides for reimbursement up to $35,000 for legal fees involved in defending a member against criminal proceedings arising from your educational employment, as long as the member is found not guilty. That not-guilty provision does not apply to proceedings resulting from corporal punishment. Note that PSEA’s Legal Services Policy provides $2,500 in up-front money for members charged with covered criminal proceedings. These PSEA funds need not be reimbursed if the member is found guilty.

Am I covered if I am assaulted while doing my job?

The EEL Policy will pay a member up to $500 for damage to the member’s personal property (vehicles excluded) that is damaged as a result of an assault on the member while performing his or her work related duties