MARVIN MANDEL, Governor                              3381

SECTION 2. AND BE IT FURTHER ENACTED, That new
Section [[56B(e)]] 56C be and it is hereby added to
Article 77 - Public Education, of the Annotated Code of
Maryland (1969 Replacement Volume and 1974 Supplement) to
read as follows:

Article 77 — Public Education

[[56B.

(E) IN ANY SUIT OR CLAIM BROUGHT AGAINST ANY
PRINCIPAL, TEACHER, SCHOOL SECURITY GUARD, OR ANY OTHER
AGENT OR EMPLOYEE OF THE BOARD BY THE PARENT OR ANY OTHER
CLAIMANT, THE COUNTY BOARD OF EDUCATION OR BALTIMORE CITY
BOARD OF SCHOOL COMMISSIONERS, AS THE CASE MAY BE, SHALL
PROVIDE LEGAL COUNSEL FOR, OR IN THE ALTERNATIVE, MAY
PROVIDE REIMBURSEMENT FOR THE REASONABLE EXPENSE OF LEGAL
DEFENSE THEREOF FOR ANY PRINCIPAL, TEACHER, SCHOOL
SECURITY GUARD, OR ANY OTHER AGENT OR EMPLOYEE OF THE
BOARD.]]

56C

(A)    THE COUNTY BOARDS OF EDUCATION AND THE BOARD
OF SCHOOL COMMISSIONERS OF BALTIMORE CITY MAY PROVIDE FOR
LEGAL REPRESENTATION AS SET FORTH IN THIS SECTION.

(B)    IN ANY SUIT OR CLAIM BROUGHT AGAINST ANY
PRINCIPAL, TEACHER, SCHOOL SECURITY GUARD, OR ANY OTHER
AGENT OR EMPLOYEE OF ANY SUCH BOARD BY THE PARENT OR ANY
OTHER CLAIMANT WITH RESPECT TO ANY ACTION TAKEN BY THE
EMPLOYEE IN THE PERFORMANCE OF THE EMPLOYEE'S DUTIES
WITHIN THE SCOPE OF EMPLOYMENT AND WITHOUT MALICE, THE
BOARD SHALL PROVIDE LEGAL COUNSEL, WHICH MAY BE PROVIDED
THROUGH THE OFFICE OF THE COUNTY ATTORNEY OR CITY
SOLICITOR, FOR THE EMPLOYEE OF THE BOARD IF THE BOARD
DETERMINES THAT THE PERSON BEING SUED OR CLAIMED AGAINST
WAS ACTING WITHIN HIS AUTHORISED OFFICIAL CAPACITY IN THE
INCIDENT INVOLVED.

THIS SUBSECTION DOES NOT REQUIRE THE PROVISION OF OR
REIMBURSEMENT FOR LEGAL COUNSEL TO ANY PLAINTIFF OR

CLAIMANT IN A__SUIT OR CLAIM AGAINST BOARDS, THEIR

MEMBERS, AGENTS, OR EMPLOYEES.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1975.

Approved May 15, 1975.