WILLIAM DONALD SCHAEFER, Governor Ch. 556

parochial school is immune from civil liability for] WHETHER OR
NOT AN INDIVIDUAL RECEIVES COMPENSATION FOR THE INDIVIDUAL'S
SERVICES, AN EMPLOYEE OF A COUNTY HEALTH DEPARTMENT 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 [he] THE
INDIVIDUAL acts on reasonable grounds;

(2)  Participating in a judicial proceeding that
results from [his] THE INDIVIDUAL'S report; and

(3)  (i) Making a report to the appropriate school
official or to a parent if [he] THE INDIVIDUAL has reasonable
grounds to suspect that a student is [under]:

1.  UNDER the influence of alcoholic
beverages or a controlled dangerous substance [or that a student
is in];

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 his action is:

(1)  In the performance of his duties;

(2)  In the scope of his employment; and

(3)  Without malice.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1988.

Approved May 27, 1988.

- 3709 -