Maryland Courts and Judicial Proceedings Section 5-803

Article - Courts and Judicial Proceedings

§ 5-803.

      (a)      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:

            (1)      Making a report required by law, if the individual acts on reasonable grounds;

            (2)      Participating in a judicial proceeding that results from the individual's report; and

            (3)      (i)      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.

                  (ii)      This paragraph 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.



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