WILLIAM DONALD SCHAEFER, Governor                         Ch. 576

(2)     "Compensation" [has the meaning stated in § 4-105.1 of the Education
Article] DOES NOT INCLUDE ACTUAL AND NECESSARY EXPENSES THAT ARE
INCURRED BY A VOLUNTEER IN CONNECTION WITH THE SERVICES PROVIDED OR
DUTIES PERFORMED BY THE VOLUNTEER FOR A COUNTY BOARD OF EDUCATION,
AND THAT ARE REIMBURSED TO THE VOLUNTEER OR OTHERWISE PAID.

(3)     "County board employee" [has the meaning stated in § 4-105.1 of the
Education Article] MEANS:

(I)      ANY EMPLOYEE WHOSE COMPENSATION IS PAID IN WHOLE OR
IN PART BY A COUNTY BOARD;

(II)     A STUDENT TEACHER; OR

(III)   AN ELECTED OR APPOINTED MEMBER OF THE COUNTY
BOARD.

(4)     "Volunteer" [has the meaning stated in § 4-105.1 of the Education
Article] MEANS AN INDIVIDUAL WHO, AT THE REQUEST OF THE COUNTY BOARD
AND UNDER ITS CONTROL AND DIRECTION, PROVIDES SERVICES OR PERFORMS
DUTIES FOR THE COUNTY BOARD WITHOUT COMPENSATION.

(b)     A county board of education, described under Title 4, Subtitle 1 of the
Education Article, may raise the defense of sovereign immunity to any amount claimed
above the limit of its insurance policy or, if self-insured or a member of a pool described
under § 4-105(c)(1)(ii) of the Education Article, above $100,000.

(c)     A county board of education may not raise the defense of sovereign immunity
to any claim of $100,000 or less.

(d)     (1) The county board shall be joined as a party to an action against a county
board employee or volunteer that alleges damages resulting from a tortious act or
omission committed by the employee in the scope of employment or by the volunteer
within the scope of the volunteer's services or duties.

(2) The issue of whether the county board employee acted within the scope
of employment may be litigated separately.

(3) The issue of whether the volunteer acted within the scope of the
volunteer's services or duties may be litigated separately.

(e)     A county board employee acting within the scope of employment, without
malice and gross negligence, is not [individually] PERSONALLY liable for damages
resulting from a tortious act or omission for which a limitation of liability is provided for
the county board under subsection (b) of this section, including damages that exceed the
limitation on the county board's liability.

(f)      (1) The provisions of this subsection apply only to a volunteer.

(2) A volunteer who acts within the scope of the volunteer's services or
duties is not [individually] PERSONALLY liable for damages resulting from a tortious act
or omission beyond the limits of any personal insurance the volunteer may have unless:

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