2006 Louisiana Laws - RS 17:1958 — Limitation on liability for providers of special education or school health services for individuals with disabilities

§1958.  Limitation on liability for providers of special education or school health services for individuals with disabilities

A.  No person, who is an employee of a public school system, or his employer, who in good faith renders school health services and medical services which special services are required by state or federal law, rule, or regulation to be rendered to children with disabilities participating in a special education program for individuals with disabilities shall be liable for any civil damages as a result of any act or omission in rendering the care or services required.

B.  No individual appointed according to state or federal law to serve as a surrogate parent who in good faith performs the functions of such appointment which functions are required by state or federal law, rule, or regulation on behalf of children with disabilities participating in a special education program for individuals with disabilities shall be liable for any civil damages as a result of any act or omission in rendering services in accordance with the functions of said appointment.

C.  This Section shall not exempt from liability those individuals who intentionally or by grossly negligent acts or omissions cause damages to a child with a disability or other individual participating in a special education program for individuals with disabilities.

Added by Acts 1979, No. 597, §1; Acts 1992, No. 458, §1, eff. June 20, 1992; Acts 1998, 1st Ex. Sess., No. 109, §1, eff. May 5, 1998.