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<section article="gcj" article_name="Courts and Judicial Proceedings" number="5-518" title_number="5" title_name="Limitations, Prohibited Actions, and Immunities" subtitle_number="5" subtitle_name="Immunities and Prohibited Actions -- Governmental">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“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.</text>
    </level>
    <level label="3">
      <text>“County board employee” means:</text>
      <level label="i">
        <text>Any employee whose compensation is paid in whole or in part by a county board of education; or</text>
      </level>
      <level label="ii">
        <text>A student teacher.</text>
      </level>
    </level>
    <level label="4">
      <text>“County board member” means a duly elected or appointed member of a county board of education.</text>
    </level>
    <level label="5">
      <text>“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.</text>
    </level>
  </level>
  <level label="b">
    <text>A county board of education, described under Title 4, Subtitle 1 of the Education Article, may raise the defense of sovereign immunity to:</text>
    <level label="1">
      <text>Any amount claimed above the limit of its insurance policy; or</text>
    </level>
    <level label="2">
      <text>If self–insured or a member of a pool described under § 4–105(c)(1)(ii) of the Education Article:</text>
      <level label="i">
        <text>Except as provided in item (ii) of this item, any amount above $400,000; or</text>
      </level>
      <level label="ii">
        <text>If the liability of the county board of education arises from one or more claims of sexual abuse, as defined in § 5–117 of this title, that occurred when the claimant was a minor:</text>
        <level label="1">
          <text>Except as provided in item 2 of this item, any amount above $890,000 to a single claimant for the claim or claims; and</text>
        </level>
        <level label="2">
          <text>For an action filed on or after June 1, 2025, that would have been barred by a time limitation before October 1, 2023, any amount above $400,000 to a single claimant for the claim or claims.</text>
        </level>
      </level>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>If liability of a county board of education arises under one or more claims of sexual abuse, as defined in § 5–117 of this title, that occurred when the claimant was a minor:</text>
      <level label="i">
        <text>Except as provided in item (ii) of this paragraph, the liability may not exceed $890,000 to a single claimant for injuries arising from the claim or claims; and</text>
      </level>
      <level label="ii">
        <text>For an action filed on or after June 1, 2025, that would have been barred by a time limitation before October 1, 2023, the liability may not exceed $400,000 to a single claimant for injuries arising from the claim or claims.</text>
      </level>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>The issue of whether the county board employee acted within the scope of employment may be litigated separately.</text>
    </level>
    <level label="3">
      <text>The issue of whether the county board member acted within the scope of the member’s authority may be litigated separately.</text>
    </level>
    <level label="4">
      <text>The issue of whether the volunteer acted within the scope of the volunteer’s services or duties may be litigated separately.</text>
    </level>
  </level>
  <level label="e">
    <text>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.</text>
  </level>
  <level label="f">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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:</text>
      <level label="i">
        <text>Within the scope of the member’s authority;</text>
      </level>
      <level label="ii">
        <text>Without malice; and</text>
      </level>
      <level label="iii">
        <text>In a discretionary capacity.</text>
      </level>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>The provisions of this subsection apply only to a volunteer.</text>
    </level>
    <level label="2">
      <text>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:</text>
      <level label="i">
        <text>The damages were the result of the volunteer’s negligent operation of a motor vehicle; or</text>
      </level>
      <level label="ii">
        <text>The damages were the result of the volunteer’s willful, wanton, malicious, reckless, or grossly negligent act or omission.</text>
      </level>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
  </level>
  <level label="h">
    <text>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.</text>
  </level>
</section>
