By Jim Siegel
Enquirer Columbus Bureau

COLUMBUS - Teachers and other school employees may get new protections against lawsuits filed by parents upset over school discipline issues.

A bill passed Wednesday by the House significantly restricts when a family could sue over alleged abuse as a result of disciplinary action taken by teachers, bus drivers or other school employees.

Bill sponsor Rep. Keith Faber, R-Celina, said the goal is to close loopholes in state law that allow parents to sue over a variety of disciplinary actions, regardless of whether the school employee was following procedure.

The bill, he argued, allows teachers to take back control of their classrooms.

But children's advocates, anti-violence groups, psychologists and the American Civil Liberties Union of Ohio have spoken out against the bill.

Renee Dillon, executive director of Prevent Child Abuse Ohio, said she's concerned that immunity covers so many school employees, particularly considering the term "discipline" is not well-defined.

Faber has argued that schools have in place procedures to punish personnel whose disciplinary actions cross the line. But Dillon isn't sure that's much comfort for families.

"Boy, if you're a parent and your child is being unduly harmed as a result of physical discipline in school. ... I don't know how you'd feel leaving it in the hands of the school and not having another opportunity for recourse."

Dillon also questions the need for the bill, which passed the House 81-18.

Faber said he introduced the bill after hearing from a teacher who was concerned she would be sued by a student's parents after she kicked him out of class.

A lawsuit was never filed and, Faber said, he believed she was already protected by immunity under current law.

Dillon said: "I could see it if you had a history of lawsuits going on here where teachers really felt infringed upon in their ability to discipline or have any control of the classroom. But that's not there."

Rep. Bill Hartnett, D-Mansfield, a former principal and superintendent, said he voted for the bill because he has seen instances where lawsuits are filed after school staffers follow proper procedures.

"I'm confident that when the rules of due process are followed, there shouldn't be a shot at a lawsuit," he said.

Immunity provisions in the bill will not extend to corporal punishment, which is still practiced by 34 districts in Ohio.

Under the bill, immunity does not apply if the discipline results in child endangerment, defined as:

• The abuse of a child.

• Measures resulting in cruel or prolonged physical restraint.

• Repeated, unwarranted action where there is a substantial risk to impairing the child's mental health or development.