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Statutes Text

Article - Courts and Judicial Proceedings




§5–803.

    (a)    (1)    Whether or not an individual receives compensation for the individual’s services, an employee of a county health department or other local department or agency functioning as a school nurse or school health aide or a member of the administrative, educational, or support staff of, or an individual who serves under a contract for services to, any public, private, or parochial school is immune from liability for:

            (i)    Making a report required by law, if the individual acts on reasonable grounds;

            (ii)    Participating in a judicial proceeding that results from the individual’s report; and

            (iii)    Making a report to the appropriate school official or to a parent if the individual has reasonable grounds to suspect that a student is:

                1.    Under the influence of alcoholic beverages or a controlled dangerous substance;

                2.    In possession of alcoholic beverages or a controlled dangerous substance; or

                3.    Involved in the illegal sale or distribution of alcoholic beverages or a controlled dangerous substance.

        (2)    Paragraph (1)(iii) of this subsection is effective only to the extent that its provisions do not conflict with federal or State confidentiality laws and regulations.

    (b)    A county superintendent or any employee of a county school system who presents or enters findings of fact, recommendations, or reports or who participates in an employee dismissal, disciplinary, administrative, or judicial proceeding relating to a school system employee that results from these actions is immune from any civil liability if the action is:

        (1)    In the performance of duties;

        (2)    Within the scope of employment; and

        (3)    Without malice.