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H0618..........................................................by EDUCATION
SCHOOL DISTRICT - PRELITIGATION HEARINGS - Adds to existing law to provide
for prelitigation hearings in cases involving claims for damages or other
relief against a school district board of trustees or any employee of the
board acting in their official capacity with the school district; to
provide that the Idaho State Board of Education is directed to cooperate in
providing a hearing panel in the nature of a special civil grand jury; and
to provide a procedure for prelitigation consideration of claims for
damages or other relief, which proceedings shall be informal and
nonbinding, but nonetheless compulsory as a condition precedent to
litigation.
02/11 House intro - 1st rdg - to printing
02/12 Rpt prt - to Educ
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 618
BY EDUCATION COMMITTEE
1 AN ACT
2 RELATING TO THE STATE BOARD OF EDUCATION AND PRELITIGATION HEARING PANELS;
3 AMENDING CHAPTER 1, TITLE 33, IDAHO CODE, BY THE ADDITION OF NEW SECTIONS
4 33-132, 33-133, 33-134, 33-135, 33-136, 33-137, 33-138, 33-139, 33-140,
5 33-141, 33-142, 33-143, 33-144 AND 33-145, IDAHO CODE, TO PROVIDE FOR
6 HEARING PANELS BY THE STATE BOARD OF EDUCATION FOR PRELITIGATION CONSIDER-
7 ATION OF CLAIMS FOR DAMAGES OR OTHER RELIEF AGAINST A SCHOOL DISTRICT
8 BOARD OF TRUSTEES, TO PROVIDE FOR APPOINTMENT AND COMPOSITION OF HEARING
9 PANELS, TO PROVIDE THAT THE PROCEEDINGS SHALL BE INFORMAL, TO PROVIDE THAT
10 THE DECISIONS OF A HEARING PANEL ARE ADVISORY IN NATURE, TO PROVIDE FOR
11 TOLLING OF LIMITATION PERIODS DURING PENDENCY OF PROCEEDINGS, TO PROVIDE
12 FOR STAY OF OTHER COURT PROCEEDINGS IN THE INTEREST OF A HEARING BEFORE A
13 PANEL, TO PROVIDE FOR SERVICE OF CLAIM ON A SCHOOL DISTRICT BOARD OF
14 TRUSTEES, TO PROVIDE FOR CONFIDENTIALITY OF PROCEEDINGS, TO PROVIDE FOR
15 REPRESENTATION OF PARTIES BY COUNSEL, TO PROVIDE FOR FEES AND EXPENSES OF
16 PANEL MEMBERS, TO PLACE A LIMIT ON THE DURATION OF PROCEEDINGS, TO PROVIDE
17 FOR EFFECT OF DECISIONS OF A HEARING PANEL, TO PROVIDE JOINT AND SEVERAL
18 LIABILITY, AND TO PROVIDE RULEMAKING AUTHORITY FOR THE STATE BOARD OF EDU-
19 CATION.
20 Be It Enacted by the Legislature of the State of Idaho:
21 SECTION 1. That Chapter 1, Title 33, Idaho Code, be, and the same is
22 hereby amended by the addition thereto of NEW SECTIONS, to be known and desig-
23 nated as Sections 33-132, 33-133, 33-134, 33-135, 33-136, 33-137, 33-138,
24 33-139, 33-140, 33-141, 33-142, 33-143, 33-144 and 33-145, Idaho Code, and to
25 read as follows:
26 33-132. HEARING PANEL FOR PRELITIGATION CONSIDERATION OF CLAIMS FOR DAM-
27 AGES OR OTHER RELIEF -- PROCEDURE. The Idaho state board of education, in
28 cases involving claims for damages or other relief against a school district
29 board of trustees or any employee of such board, acting in their official
30 capacity with the school district, is directed to cooperate in providing a
31 hearing panel in the nature of a special civil grand jury and procedure for
32 prelitigation consideration of claims for damages or other relief, which pro-
33 ceedings shall be informal and nonbinding, but nonetheless compulsory as a
34 condition precedent to litigation. Proceedings conducted or maintained under
35 the authority of this act shall at all times be subject to disclosure accord-
36 ing to chapter 3, title 9, Idaho Code. Formal rules of evidence shall not
37 apply and all such proceedings shall be expeditious and informal.
38 33-133. APPOINTMENT AND COMPOSITION OF HEARING PANEL. The state board of
39 education shall provide for and appoint an appropriate panel or panels to
40 accept and hear complaints of such claims for damages or other relief, made by
41 or on behalf of any person who is claiming damages or advancing a claim for
42 other relief. Said panels shall include one (1) person who is a member of a
2
1 school district board of trustees in a district other than the district
2 against which the claim is pending; one (1) member shall be a then serving
3 superintendent of an Idaho public school district whose district is not
4 involved in the claim pending; and one (1) member of each such panel shall be
5 appointed by the commissioners of the Idaho state bar, which person shall be a
6 resident lawyer licensed to practice law in the state of Idaho, and who shall
7 serve as chairman of the panel. The panelists so appointed shall select by
8 unanimous decision a layman panelist who shall not be a lawyer or school dis-
9 trict officer or employee but who shall be a responsible adult citizen of
10 Idaho. All panelists shall serve under oath that they are without bias or con-
11 flict of interest as respects any matter under consideration.
12 33-134. INFORMAL PROCEEDINGS. There shall be no record of such proceed-
13 ings and all evidence, documents and exhibits shall, at the close thereof, be
14 returned to the parties or witnesses from whom the same were secured. The
15 hearing panel shall have the authority to issue subpoenas and to administer
16 oaths; provided, the parties requesting the presentation of such proof shall
17 provide the funds required to tender witness fees and mileage as provided in
18 proceedings in district courts. Except upon special order of the panel, and
19 for good cause shown demonstrating extraordinary circumstances, there shall be
20 no discovery or perpetuation of testimony in said proceedings.
21 33-135. ADVISORY DECISIONS OF PANEL. At the close of proceedings the
22 panel, by majority and minority reports or by unanimous report, as the case
23 may be, shall provide the parties its comments and observations with respect
24 to the dispute, indicating whether the matter appears to be frivolous, merito-
25 rious or of any other particular description. If the panel is unanimous with
26 respect to an amount of money in damages or other resolution that in its opin-
27 ion should fairly be offered or accepted in settlement, it may so advise the
28 parties and affected insurers or third-party payors having subrogation, indem-
29 nity or other interest in the matter.
30 33-136. TOLLING OF LIMITATION PERIODS DURING PENDENCY OF PROCEEDINGS.
31 There shall be no judicial or other review or appeal of such matters. No party
32 shall be obliged to comply with or otherwise be affected or prejudiced by the
33 proposals, conclusions or suggestions of the panel or any member or segment
34 thereof; however, in the interest of due consideration being given to such
35 proceedings and in the interest of encouraging consideration of claims infor-
36 mally and without the necessity of litigation, the applicable statute of limi-
37 tations shall be tolled and not be deemed to run during the time that such a
38 claim is pending before such a panel and for thirty (30) days thereafter.
39 33-137. STAY OF OTHER COURT PROCEEDINGS IN INTEREST OF HEARING BEFORE
40 PANEL. During said thirty (30) day period neither party shall commence or
41 prosecute litigation involving the issues submitted to the panel and the dis-
42 trict or other courts having jurisdiction of any such pending claims shall
43 stay proceedings in the interest of the conduct of such proceedings before the
44 panel.
45 33-138. SERVICE OF CLAIM ON SCHOOL DISTRICT BOARD OF TRUSTEES. At the
46 commencement of such proceedings and reasonably in advance of any hearing or
47 testimony, the accused school district board of trustees in all cases shall be
48 served a true copy of the claim to be processed which claim shall set forth in
49 writing and in general terms, when, where and under what circumstances the
50 actions of the school district board of trustees or employee of the board in
3
1 question allegedly gave rise to the claim.
2 33-139. CONFIDENTIALITY OF PROCEEDINGS. Neither party shall be entitled,
3 except upon special order of the panel, to attend and participate in the pro-
4 ceedings which shall be subject to disclosure according to chapter 3, title 9,
5 Idaho Code, and closed to public observation at all times, except during the
6 giving of his or her own testimony or presentation of argument of his or her
7 position, whether by counsel or personally; nor shall there be cross-examina-
8 tion, rebuttal or other customary formalities of civil trials and court pro-
9 ceedings. The panel itself may, however, initiate requests for special or sup-
10 plemental participation, in particular respects and of some or all parties;
11 and communications between the panel and the parties, excepting only the par-
12 ties' own testimony on the merits of the dispute, shall be fully disclosed to
13 all other parties.
14 33-140. REPRESENTATION OF PARTIES BY COUNSEL. Parties may be represented
15 by counsel in proceedings before such panels, though it shall not be required.
16 33-141. FEES FOR PANEL MEMBERS. The Idaho state board of education shall
17 provide, by rule of the board, for the payment of fees and expenses of members
18 of panels, such payment to be made from the appropriation made to the state
19 board of education for such purpose. Panel members shall serve upon the sworn
20 commitment that all related matters shall be subject to disclosure according
21 to chapter 3, title 9, Idaho Code, and privileged.
22 33-142. LIMIT ON DURATION OF PROCEEDINGS -- PANEL'S JURISDICTION. There
23 shall be no repeat or reopening of panel proceedings. In no case shall a panel
24 retain jurisdiction of any such claim in excess of ninety (90) days from date
25 of commencement of proceedings. If at the end of such ninety (90) day period
26 the panel is unable to decide the issues before it, it shall summarily con-
27 clude the proceedings and the members may informally, by written communica-
28 tion, express to the parties their joint and several impressions and conclu-
29 sions, if any, albeit the same may be tentative or based upon admittedly
30 incomplete consideration; provided, by written agreement of all parties the
31 jurisdiction of the panel, if it concurs therein, may be extended and the pro-
32 ceeding carried on for additional periods of thirty (30) days.
33 33-143. EFFECT OF DECISION OF HEARING PANEL. (1) If the determination of
34 the hearing panel is not in favor of the claimant, the claimant may file an
35 action in district court. If the claimant does not obtain a judgment in his
36 favor in court, the defending school district board of trustees shall be
37 awarded reasonable costs and attorney's fees incurred after the date of filing
38 the action in court.
39 (2) If the hearing panel is unable, for any reason, to reach a decision,
40 the claimant may file a civil action, or proceed no further with the com-
41 plaint.
42 (3) If the claimant files a civil action in district court, a person may
43 not be named as a party in the action unless the person was named as a party
44 in the complaint which was filed with the state board of education and consid-
45 ered by the hearing panel.
46 33-144. JOINT AND SEVERAL LIABILITY. Any person who knowingly funds,
47 financially supports, indemnifies, subrogates or is otherwise financially
48 engaged in the cost of litigation on behalf of the claimant, or who furnishes
49 legal services without fee on behalf of the claimant, shall be jointly and
4
1 severally liable for any reasonable costs and attorney's fees awarded to the
2 defending school district board of trustees as provided in section 33-143,
3 Idaho Code. The defending school district board of trustees may pursue an
4 action in the district court to collect the award of such costs and fees.
5 33-145. RULEMAKING AUTHORITY. The state board of education is hereby
6 authorized to promulgate rules in accordance with the provisions of chapter
7 52, title 67, Idaho Code, that may be necessary to implement and administer
8 the provisions of sections 33-132 through 33-144, Idaho Code.
STATEMENT OF PURPOSE
RS 11935C1
This legislation authorizes the State Board of Education to
establish prelitigation screening panels involving lawsuits brought
against a local school board of trustees for the purpose of
discouraging frivolous lawsuits and encouraging settlement of legal
disputes.
Under Idaho law, whenever a lawsuit is brought against a
doctor or hospital, the State Board of Medicine coordinates setting
up a medical prelitigation screening panel to hear the case and make
recommendations. These screening panels do not preclude a claimant’s
right to have his or her day in court; they are simply designed to
discourage frivolous lawsuits and facilitate amicable settlement of
disputes prior to costly court battles.
This proposed legislation would grant a similar authority
to the State Board of Education to coordinate setting up
prelitigation screening panels when a local school board of
trustees is being sued. The purpose, design and language of this
proposed legislation follows that of the medical prelitigation
screening statute. In addition, the proposed legislation provides
that if the prelitigation panel finds that a claim brought against
the school board is frivolous, and a court rules in favor of the
school board, then the claimant and anyone who funds or financially
supports the claimant must pay the attorney fees of the school board.
FISCAL IMPACT
After doing a random sampling of urban and rural school
districts around the state, preliminary estimates are that there
are around 50 lawsuits brought against all school districts in the
state in a given year. Based on the cost of the Board of Medicine
panels, which is about $1,000 a hearing, we can estimate an
appropriation of more than $50,000 a year. Some administrative
costs may also accrue. If the legislation is adopted, but not
funded, the enactment would enable the seeking of private and
corporate funding. This legislation could save thousands and
thousands of dollars that could be used towards our children’s
education.
Contact
Name: Representative Todd Hammond
Phone: 208-322-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 618