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Maryland Code, Courts and Judicial Proceedings § 5-803

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

(c) A member of the administrative, educational, or support staff of any public, private, or parochial school acting in an official capacity is immune from civil liability for any personal injury or property damage resulting from an intervention in an altercation between students or other student disturbance if:

(1) The member intervened in a reasonably prudent manner; and

(2) The actions taken by the member in intervening do not constitute grossly negligent, willful, wanton, or intentionally tortious conduct.

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Cite this article: FindLaw.com - Maryland Code, Courts and Judicial Proceedings § 5-803 - last updated January 01, 2025 | https://codes.findlaw.com/md/courts-and-judicial-proceedings/md-code-cts-and-jud-pro-sect-5-803/

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