§ 17:439 — Limitation of liability; statements or actions; exceptions

§439. Limitation of liability; statements or actions; exceptions
A. Except as otherwise provided in this Section, no person shall have a cause of
action against any school employee based on any statement made or action taken by the
school employee provided that the action or statement was within the course and scope of
the school employee's duties as defined by the school board in which the school employee
is employed and was within the specific guidelines for school employee behavior as
established by that school board.
B. As used in this Section, the terms "school employee" means any school employee
who has direct contact with students in the course and scope of the school employee's duties
as defined by the school board by which the school employee is employed, and includes but
is not limited to school-based administrators, classroom teachers, coaches, librarians,
counselors, teachers' aides, clerical employees, lunchroom workers, custodial workers, school
bus operators, and school bus operators' aides.
C. The immunity from liability established by this Section shall not apply to any
action or statement by a school employee that was maliciously, willfully, and deliberately
intended to cause bodily harm to a student or to harass or intimidate a student.
D. The provisions of this Section shall not apply to the negligence of any school
employee operating a motor vehicle, to the extent that liability for such negligence is covered
by insurance or self-insurance.
E. The provisions of this Section are not intended to supersede or repeal any other
provision of this Part and are intended to supplement the other provisions of this Part.

Legislative History

Acts 1999, No. 689, §1; Acts 2017, No. 335, §1.