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§ 5-518. County education boards

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2023

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 5. Limitations, Prohibited Actions, and Immunities (Refs & Annos)
Subtitle 5. Immunities and Prohibited Actions--Governmental (Refs & Annos)
Effective: October 1, 2023
MD Code, Courts and Judicial Proceedings, § 5-518
§ 5-518. County education boards
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Compensation” 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” means:
(i) Any employee whose compensation is paid in whole or in part by a county board of education; or
(ii) A student teacher.
(4) “County board member” means a duly elected or appointed member of a county board of education.
(5) “Volunteer” 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.
Claims subject to defense of sovereign immunity
(b) A county board of education, described under Title 4, Subtitle 1 of the Education Article, may raise the defense of sovereign immunity to:
(1) Any amount claimed above the limit of its insurance policy; or
(2) If self-insured or a member of a pool described under § 4-105(c)(1)(ii) of the Education Article:
(i) Except as provided in item (ii) of this item, any amount above $400,000; or
(ii) If the liability of the county board of education arises from a claim of sexual abuse, as defined in § 5-117 of this title, any amount above $890,000 to a single claimant for claims arising from an incident or occurrence.
Sovereign immunity; cap on liability
(c)(1) Except as provided in paragraph (2) of this subsection, a county board of education may not raise the defense of sovereign immunity to any claim of $400,000 or less.
(2) If liability of a county board of education arises under a claim of sexual abuse, as defined in § 5-117 of this title, the liability may not exceed $890,000 to a single claimant for injuries arising from an incident or occurrence.
County board joined as party to actions against employees
(d)(1) The county board shall be joined as a party to an action against a county board employee, county board member, or volunteer that alleges damages resulting from a tortious act or omission committed by the employee in the scope of employment, by the county board member within the scope of the member's authority, 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 county board member acted within the scope of the member's authority may be litigated separately.
(4) The issue of whether the volunteer acted within the scope of the volunteer's services or duties may be litigated separately.
County board employees
(e) A county board employee acting within the scope of employment, without malice and gross negligence, is not 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.
County board members
(f)(1) A county board member, acting within the scope of the member's authority, without malice and gross negligence, is not 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.
(2) In addition to the immunity provided under paragraph (1) of this subsection, a county board member is immune as an individual from civil liability for any act or omission if the member is acting:
(i) Within the scope of the member's authority;
(ii) Without malice; and
(iii) In a discretionary capacity.
Volunteers
(g)(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 personally liable for damages resulting from a tortious act or omission beyond the limits of any personal insurance the volunteer may have unless:
(i) The damages were the result of the volunteer's negligent operation of a motor vehicle; or
(ii) The damages were the result of the volunteer's willful, wanton, malicious, reckless, or grossly negligent act or omission.
(3) The limitations on liability contained in this subsection may not be construed or applied to affect any immunities from civil liability or defenses established by any other provision of the Code or available at common law to which the volunteer may be entitled.
Judgments levied against county board
(h) Except as provided in subsection (e), (f), or (g) of this section, a judgment in tort for damages against a county board employee acting within the scope of employment, a county board member acting within the scope of the member's authority, or a volunteer acting within the scope of the volunteer's services or duties shall be levied against the county board only and may not be executed against the county board employee, the county board member, or the volunteer personally.

Credits

Added as Courts and Judicial Proceedings § 5-353 by Acts 1990, c. 546, § 3. Amended by Acts 1994, c. 576, § 1, eff. Oct. 1, 1994; Acts 1995, c. 370, § 1, eff. Oct. 1, 1995. Renumbered as Courts and Judicial Proceedings § 5-518 by Acts 1997, c. 14, § 9, eff. April 8, 1997. Amended by Acts 2016, c. 680, § 1, eff. Oct. 1, 2016; Acts 2023, c. 5, § 1, eff. Oct. 1, 2023; Acts 2023, c. 6, § 1, eff. Oct. 1, 2023.
MD Code, Courts and Judicial Proceedings, § 5-518, MD CTS & JUD PRO § 5-518
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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