PRINTER'S NO. 754
No. 672 Session of 1983
INTRODUCED BY RHOADES, O'PAKE, BELL, PECORA, HESS, LINCOLN, HELFRICK, FISHER, O'CONNELL, CORMAN, STAUFFER, JUBELIRER, HAGER, SHUMAKER AND WENGER, APRIL 21, 1983
REFERRED TO JUDICIARY, APRIL 21, 1983
AN ACT 1 Amending Title 42 (Judiciary and Judicial Procedure) of the 2 Pennsylvania Consolidated Statutes, providing for civil 3 immunity of school officers or employees. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Title 42 of the Pennsylvania Consolidated 7 Statutes is amended by adding a section to read: 8 § 8337. Civil immunity of school officers or employees. 9 (a) General rule.--Any officer or employee of a school who 10 reports drug or alcohol abuse involving a student to an other 11 officer or employee of the school, to a parent or legal guardian 12 of the student or to law enforcement officers or who refers a 13 student for treatment or counseling relating to drug or alcohol 14 abuse shall not be liable to the student or the parents or 15 guardian of the student for civil damages as a result of any 16 statements, acts or omissions undertaken with a good faith 17 effort and intention. This section does not apply to any 18 statement, acts or omissions which are intentionally designed to
1 harm or which are grossly negligent and result in harm to the 2 student. 3 (b) Definitions.--As used in this section the following 4 words and phrases shall have the meanings given to them in this 5 subsection: 6 "Drug and alcohol abuse." The unauthorized use, possession 7 or distribution of: 8 (1) Alcohol, as defined in the act of April 12, 1951 9 (P.L.90, No.21), known as the Liquor Code. 10 (2) Any controlled substance, drug, drug paraphernalia 11 or counterfeit drug as defined in the act of April 14, 1972 12 (P.L.233, No.64), known as The Controlled Substance, Drug, 13 Device and Cosmetic Act. 14 The term includes any act prohibited under section 13(a)(15) or 15 (16) of The Controlled Substance, Drug, Device and Cosmetic Act. 16 "Officer or employee of a school." A school board member, 17 principal, superintendent, teacher, guidance counselor or other 18 educational or medical employee employed in a day or residential 19 school which provides preschool, kindergarten, elementary or 20 secondary education in this Commonwealth, at either a public or 21 nonpublic school. 22 Section 2. This act shall take effect in 30 days. D11L42JS/19830S0672B0754 - 2 -