Frequently Asked Questions

Q. Who is eligible?

A. Any professional member of the Association of American Educators who is a W-2 employee of an educational entity (i.e., public or private school, university, or college) is eligible for $2,000,000 professional liability insurance coverage.

Owners and board members are not eligible for coverage.

Student members of AAE are eligible for special student-teaching liability insurance at a discounted rate.

Professional members can add part-time insurance for their tutoring or consulting responsibilities, learn more here.

For independent contractors who need private practice insurance, read more here.

Q. What's covered under this policy?

A. You will be protected against a broad range of exposures, including the following allegations (whether those allegations are true or false):

• Injuries to students under your supervision

• Failure to educate

• Violation of students' civil rights

• Hiring unqualified persons

• Failure to promote students or grant credit

• Improper methods of instruction

Q. Won't my school have liability insurance? Why should I have my own coverage?

A. Your school district liability insurance policy is written in the name of the school district, which means it covers the district, not you. In certain situations your district plan will not cover you, your attorney’s fees, or the act that triggers a lawsuit. The district’s policy must protect the district first and foremost. It is very prudent to have your own insurance policy naming you as the insured party.

Q. Why is professional liability coverage so important to me as an educator?

A. You insure your car, your health, your house and other personal assets acquired through years of investments and hard work. A professional insurance policy acts as a safeguard to protect your assets if you are sued as a result of an event arising out of your educational duties. The AAE policy can even provide a measure of protection for your career through its unique employment right coverage.

AAE’s Professional Liability Insurance Program has protected many of our members in liability suits and/or job actions over the years. In each of these instances, the member needed to access the AAE policy protections because the school district policy did not cover them.

Other professionals, such as medical doctors, would not dream of practicing without liability (or malpractice) insurance. In today’s litigious society, a teacher should not step into a classroom without a liability policy covering them, personally.

Q. What are some examples of recent claims or judgments holding the teacher liable?

A. Here are a few examples:

• A child was injured during gym class resulting in a $30,000 judgment against the teacher.

• A teacher is accused of sexual molestation and acquitted on all charges. However, attorney’s fees are $13,000.

• A student is injured on a field trip and the teacher is found liable resulting in a $42,000 judgment.

All of these judgments and attorney fees are covered under the AAE’s Professional Liability Insurance Policy.

Q. What kinds of things are not covered by this policy?

A. Criminal acts for which you are found guilty. Activities not arising out of your educational activities. Intentionally inflicting bodily injury (except corporal punishment).

Q. Am I covered for lawsuits based on sexual harassment or abuse?

A. Yes. After a $100 deductible, the plan pays 90% of your attorney's fees up to $50,000, provided you are found to be not guilty or the charges are dropped.

Q. Are lawsuits against educators increasing?

A. Yes. As part of a general trend in increased litigation, the number of lawsuits against schools and teachers has been rising over the last decade. According to an American Tort Reform Association survey, almost 1/3 of all high school principals have been involved in a lawsuit in the last two years, compared to only 9 percent ten years ago.

Q. Does this coverage protect me only if I'm found not guilty?

A. You'll be protected against exposures in civil suits such as failure to educate or violation of student civil rights—whether you're at fault or completely innocent. However, in the event of criminal charges—such as sexual abuse or charges arising out of corporal punishment—the policy will only respond if you are found not guilty or the charges are dismissed.

Q. What about legal help if I'm suspended?

A. AAE has recently upgraded coverage to protect you against job actions. For members the plan will pay up to $1,500 for your initial consultation with an attorney, and it will pay another $2,500 of the cost of having an attorney represent you at a formal hearing of a school board or other authority if you are threatened with termination, suspension, reassignment, or demotion. In addition, you will receive up to $8,000 for legal fees, subject to $100 deductible, if you decide to sue because of termination, reassignment, suspension, or demotion. However, that final judgment must be rendered in your favor. If not, your policy will still pay $750 for reimbursement of legal fees without regard to final judgment. If the above coverage doesn't sound like much, remember that those amounts are guaranteed.

Other organizations' plans may promise you greater coverage amounts in employment rights coverage, but they can decide whether you receive coverage. It is well known in the industry that some organizations only choose to represent their members in cases that advance the organization's goals, and only if they think the case can be won. Their insurance and legal protection may look good, but if they don't take your case, it's worthless.

With the AAE plan you know that you have up to $11,900 in employment rights coverage. And you would be surprised how many job-related conflicts are resolved with just a couple of phone calls from your association or attorney.

Q. When does my coverage apply?

A. Your plan will provide coverage for claims brought at any time, as long as the occurrence that resulted in litigation occurred while your Educators’ Professional Liability policy was in effect. You'll be covered even if you've dropped the coverage, as long as your coverage was in force when the incident happened.

Q. Since AAE is relatively new, will I be as protected under your plan?

A. Absolutely! AAE's $2,000,000 liability insurance policy is as solid as any being offered. It is not relevant how old or how big the AAE is, but how established our insurance provider is. Forrest T. Jones & Company, Inc. has over thirty years experience in handling association insurance needs and are the administrators of the Trust for Insuring Educators (TIE). TIE was established in June 1973 specifically for educator groups leaving the umbrella of the unions. Those groups found it was difficult to secure insurance plans for their members that were equal in benefit and cost to those of the unions because they lacked large numbers of members and consequently the buying power that the unions had in setting up its programs. TIE made it possible for member organizations to pool their memberships to create a large enough base to secure competitive insurance plans and rates.