NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

 

 

CHAPTER 753

SENATE BILL 736

 

 

AN ACT TO AMEND G.S. 115-159.1 AS IT RELATES TO THE SALARY OF A TEACHER INJURED DURING AN EPISODE OF VIOLENCE.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 115-159.1(a) is rewritten as follows:

"Any teacher as defined in G.S. 135-1(25) who, while engaged in the course of his employment or in any activities incidental thereto, suffers any injury or disability resulting from or arising out of any episode of violence by one or more persons shall be entitled to receive his full salary during the shortest of these periods: one year, or the continuation of his disability, or the time during which he is unable to engage in his employment because of injury. An episode of violence shall be defined to mean but shall not be limited to any acts of violence directed toward any school building or facility, or to any teacher or any student by any person including but not limited to another student. These benefits shall be in lieu of all other income or disability benefits payable under workmen's compensation to such teacher only during the period prescribed herein. Thereafter, such teacher shall be paid such income or disability payments to which he might be entitled under workmen's compensation. If the employment of a substitute teacher is necessitated by the disability of the injured teacher, the salary of such substitute teacher shall be paid from the same source of funds from which the teacher is paid. This section shall in no way limit the right of the injured teacher to receive the benefits of medical, hospital, drug and related expense payments from any source, including workmen's compensation. Provided further that this section shall not apply to any teacher who is injured while he himself participates in or provokes such episode of violence except as is incident to the maintenance or restoration of order or classroom discipline or to defend himself. Provided further that this section shall be given liberal construction and interpretation as to any and all definitions, conditions, and factual circumstances set forth herein."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 23rd day of May, 1973.