§ 17:439.1 — Immunity from claims or causes of action related to the COVID-19 public health

Louisiana § 17:439.1

• Jurisdiction: Louisiana
• Title 17: Credit Union Law

Text

§439.1. Immunity from claims or causes of action related to the COVID-19 public health
emergency
A. Notwithstanding any other provision of law to the contrary, public and nonpublic
schools, public and nonpublic school systems, public and nonpublic school governing
authorities, and charter school governing authorities, and the officers, employees, and agents
thereof shall not be held liable for any civil damages for injury or death resulting from or
related to actual or alleged exposure to COVID-19 or acts undertaken in the effort to respond
or adapt to the COVID-19 public health emergency.
B. There shall be no cause of action related to a person contracting COVID-19 at a
public or nonpublic school, other public or nonpublic school facility, on a public or
nonpublic school bus, or at a public or nonpublic school sponsored event, which is based on
the actions or failure to act by school officers, employees, or agents in response to the
COVID-19 public health emergency.
C. This Section shall not affect the right of any person to receive benefits provided
under the Louisiana Workers' Compensation Law.
D. The provisions of this Section shall be limited to claims related to the COVID-19
public health emergency.
E.(1) Public and nonpublic schools, public and nonpublic school systems, public or
nonpublic school governing authorities, charter school governing authorities, and the
officers, employees, and agents thereof may not avail themselves of the immunity provided
by this Section if the action or failure to act was in violation of a policy, rule, or regulation
adopted by the public or nonpublic school, public or nonpublic school system, public or
nonpublic school governing authority, or charter school governing authority or was in
violation of any procedure mandated by law or by rule or regulation adopted by a federal or
state agency in accordance with the Administrative Procedure Act, and such action or
inaction is determined to be grossly negligent or wanton or reckless misconduct.
(2) A public school governing authority shall not adopt a policy, rule, or regulation
that imposes a lesser standard than what is prescribed in a rule or regulation adopted by the
State Board of Elementary and Secondary Education in accordance with the Administrative
Procedure Act.
NOTE: Acts 2020, 1 st Ex. Sess., No. 9, §4, provides that the Act has retroactive
application to March 11, 2020.

Legislative History

Acts 2020, 1 st Ex. Sess., No. 9, §1.