§ 22-12-104 — Liability

Colorado § 22-12-104

• Jurisdiction: Colorado
• Title 22: Education
• Art.: Teacher and School Administrator

Text

(1) An educational entity and its employees are immune
from suit for taking an action regarding the supervision, grading, suspension,
expulsion, or discipline of a student while the student is on the property of the
educational entity or under the supervision of the educational entity or its
employees; except that immunity shall not apply if the action is committed willfully
and wantonly and violates a statute, rule, or regulation or a clearly articulated
policy of the educational entity. The burden of proving the violation shall rest with
the plaintiff and must be established by clear and convincing evidence to the court
as part of a summary proceeding. If at the summary proceeding the court finds a
violation exists, the educational entity and its employee may raise immunity at trial
under the provisions of this article and the Colorado Governmental Immunity Act,
article 10 of title 24, C.R.S.

(2) An educational entity and its employees are immune from suit for making
a report consistent with federal law to the appropriate law enforcement authorities
or officials of an educational entity if the individual making the report has
reasonable grounds to suspect that a student is:

(a) Under the influence of alcoholic beverages or of a controlled substance
not lawfully prescribed to the student;

(b) In possession of a firearm or alcoholic beverages or of a controlled
substance not lawfully prescribed to the student;

(c) Involved in the illegal solicitation, sale, or distribution of firearms or
alcoholic beverages or of a controlled substance.

(3) A person claiming to have suffered an injury by an educational entity or
an employee, whether or not by a violation of a statute, rule, or regulation or a
clearly articulated policy of the educational entity, shall file a written notice as
provided in section 24-10-109, C.R.S., within one hundred eighty days after the date
of discovery of the injury, regardless of whether the person then knew all of the
elements of a claim or of a cause of action for the injury. Compliance with the
provisions of this subsection (3) shall be a jurisdictional prerequisite to any action
brought under the provisions of this article, and failure of compliance shall forever
bar any such action.

Legislative History

Source: L. 2003: Entire article added, p. 1217, � 1, effective August 6.