§ 143-300.1. Claims against county and city boards of education for accidents involving school buses or school transportation service vehicles. - North Carolina Statutes

§ 143‑300.1.  Claims against county and cityboards of education for accidents involving school buses or schooltransportation service vehicles.

(a)        The North Carolina Industrial Commission shall havejurisdiction to hear and determine tort claims against any county board ofeducation or any city board of education, which claims arise as a result of anyalleged mechanical defects or other defects which may affect the safe operationof a public school bus or school transportation service vehicle resulting froman alleged negligent act of maintenance personnel or as a result of any allegednegligent act or omission of the driver, transportation safety assistant, ormonitor of a public school bus or school transportation service vehicle when:

(1)        The driver is an employee of the county or cityadministrative unit of which that board is the governing body, and the driveris paid or authorized to be paid by that administrative unit,

(1a)      The monitor was appointed and acting in accordance with G.S.115C‑245(d),

(1b)      The transportation safety assistant was employed and actingin accordance with G.S. 115C‑245(e), or

(2)        The driver is an unpaid school bus driver trainee under thesupervision of an authorized employee of the Department of Transportation,Division of Motor Vehicles, or an authorized employee of that board or a countyor city administrative unit thereof,

and which driver was at the time of the allegednegligent act or omission operating a public school bus or schooltransportation service vehicle in accordance with G.S. 115C‑242 in thecourse of his employment by or training for that administrative unit or board,which monitor was at the time of the alleged negligent act or omission actingas such in the course of serving under G.S. 115C‑245(d), or which transportationsafety assistant was at the time of the alleged negligent act or omissionacting as such in the course of serving under G.S. 115C‑245(e). Theliability of such county or city board of education, the defenses which may beasserted against such claim by such board, the amount of damages which may beawarded to the claimant, and the procedure for filing, hearing and determiningsuch claim, the right of appeal from such determination, the effect of suchappeal, and the procedure for taking, hearing and determining such appeal shallbe the same in all respects as is provided in this Article with respect to tortclaims against the State Board of Education except as hereinafter provided. Anyclaim filed against any county or city board of education pursuant to thissection shall state the name and address of such board, the name of theemployee upon whose alleged negligent act or omission the claim is based, andall other information required by G.S. 143‑297 in the case of a claimagainst the State Board of Education. Immediately upon the docketing of aclaim, the Industrial Commission shall forward one copy of the plaintiff'saffidavit to the superintendent of the schools of the county or cityadministrative unit against the governing board of which such claim is made,one copy of the plaintiff's affidavit to the State Board of Education and onecopy of the plaintiff's affidavit to the office of the Attorney General ofNorth Carolina. All notices with respect to tort claims against any such countyor city board of education shall be given to the superintendent of schools ofthe county or city administrative unit of which such board is a governingboard, to the State Board of Education and also to the office of the AttorneyGeneral of North Carolina.

(b)        The Attorney General shall be charged with the duty ofrepresenting the city or county board of education in connection with claimsasserted against them pursuant to this section where the amount of the claim,in the opinion of the Attorney General, is of sufficient import to require andjustify such appearance.

(c)        In the event that the Industrial Commission awards damagesagainst any county or city board of education under this section, the AttorneyGeneral shall draw a voucher for the amount required to pay the award. Thefunds necessary to cover the first one hundred fifty thousand dollars($150,000) of liability per claim for claims against county and city boards ofeducation for accidents involving school buses and school transportationservice vehicles shall be made available from funds appropriated to the StateBoard of Education. The balance of any liability owed shall be paid inaccordance with G.S. 143‑299.4. Neither the county or city boards ofeducation, or the county or city administrative unit shall be liable for thepayment of any award made pursuant to the provisions of this section in excessof the amount paid upon a voucher by the Attorney General. Settlement andpayment may be made by the Attorney General as provided in G.S. 143‑295.

(d)        Except as otherwise provided in this subsection, theAttorney General may, upon the request of an employee or former employee,defend any civil action brought against the driver, transportation safetyassistant, or monitor of a public school bus or school transportation servicevehicle or school bus maintenance mechanic when the driver or mechanic isemployed and paid by the local school administrative unit, when the monitor isacting in accordance with G.S. 115C‑245(d), when the transportationsafety assistant is acting in accordance with G.S. 115C‑245(e), or whenthe driver is an unpaid school bus driver trainee under the supervision of anauthorized employee of the Department of Transportation, Division of MotorVehicles, or an authorized employee of a county or city board of education oradministrative unit. The Attorney General may afford this defense through theuse of a member of his staff or, in his discretion, employ private counsel. TheAttorney General is authorized to pay any judgment rendered in the civil actionnot to exceed the limit provided under the Tort Claims Act. The funds necessaryto cover the first one hundred fifty thousand dollars ($150,000) of liabilityper claim shall be made available from funds appropriated to the State Board ofEducation. The balance of any liability owed shall be paid in accordance withG.S. 143‑299.4. The Attorney General may compromise and settle any claimcovered by this section to the extent that he finds the same to be valid, up tothe limit provided in the Tort Claims Act, provided that the authority grantedin this subsection shall be limited to only those claims that would be withinthe jurisdiction of the Industrial Commission under the Tort Claims Act.

The Attorney General shall refuse to provide for the defense of a civilaction or proceeding brought against an employee or former employee if theAttorney General determines that:

(1)        The act or omission was not within the scope and course ofhis employment as a State employee; or

(2)        The employee or former employee acted or failed to actbecause of actual fraud, corruption, or actual malice on his part; or

(3)        Defense of the action or proceeding by the State wouldcreate a conflict of interest between the State and the employee or formeremployee; or

(4)        Defense of the action or proceeding would not be in the bestinterests of the State. (1955, c. 1283; 1961, c.1102, ss. 1‑3; 1967, c. 1032, s. 1; 1975, c. 589, s. 1; c. 916, ss. 1, 2;1977, c. 935, s. 1; 1979, 2nd Sess., c. 1332, ss. 1, 2; 1983 (Reg. Sess., 1984),c. 1034, s. 30; 1998‑212, s. 9.17(b); 2000‑67, ss. 7A(f), 7A(g);2001‑424, s. 6.18.)