Immunity From Civil Liability for Acts or Reports Relating to Students

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  1. An employee is not civilly liable for taking any action related to the control, grading, suspension, expulsion, or discipline of a student that occurs while the student is on the property of the educational entity or under the supervision of the educational entity or the employee unless that action violates a law, rule, or clearly articulated state or school policy. The plaintiff bears the burden of proving by a preponderance of the evidence that the action of the employee violated a law, rule, or clearly articulated state or school policy.
  2. An employee is not liable for making a report consistent with federal or state law to the appropriate law enforcement authorities, or to an official of an educational entity, if the individual making the report has reasonable grounds to suspect that a student is:
    1. Under the influence of alcohol or a controlled substance that is not lawfully prescribed to the student;
    2. Involved in the illegal solicitation, sale, or distribution of alcohol or a controlled substance; or
    3. Involved in any other illegal activity.


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