(1) In a civil action or proceeding against an educational entity or its employee in which the court finds the educational entity or its employee is immune from suit or from liability pursuant to the provisions of section 22-12-104, the court shall award costs and reasonable attorney fees to the defendant or defendants. The court in its discretion may determine whether such fees and costs are to be borne by the plaintiff's attorney, the plaintiff, or both.
Expert witness fees may be included as part of the costs awarded under this section.
The provisions of this section shall be deemed to be substantive state law.
Source: L. 2003: Entire article added, p. 1219, § 1, effective August 6.