GREEN SHEET REDIGEST
HB 16 2020 Second Extraordinary Session Frieman
LIABILITY/PUBLIC: Provides relative to limitations of liability for public and
non-public schools and postsecondary education during public health emergencies
(Items #1, 2, 3, 28, and 42)
DIGEST
Present law provides that all of the following are immune from civil liability for damages
resulting from exposure to COVID-19 or acts undertaken to respond to the COVID-19 public
health emergency.
(1)Public and nonpublic schools, school systems, and school governing authorities.
(2)Public and nonpublic postsecondary education systems, institutions, and management
boards.
(3)The officers, employees, and agents of any of the above.
Proposed law provides that the immunity for acts undertaken applies to acts undertaken to
respond to COVID-19 rather than those undertaken to respond to the COVID-19 public
health emergency. Otherwise retains present law.
Present law provides that present law is limited to claims related to the COVID-19 public
health emergency. Proposed law provides instead that present law and proposed law are
limited to claims related to COVID-19.
Present law provides that the immunity provided by present law does not apply to an action
if the action violated established laws, polices, rules, or regulations and if the action is
determined to be grossly negligent or wanton or reckless misconduct. Prohibits public school
governing authorities from adopting a policy, rule, or regulation that imposes a lesser
standard than a rule or regulation adopted by the State Bd. of Elementary and Secondary
Education.
Proposed law retains present law.
Present law and proposed law are retroactive to March 11, 2020.
Effective upon signature of governor or lapse of time for gubernatorial action.
(Amends R.S. 17:439.1 and 3392)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Education to the
original bill:
1. Reinstate present law prohibition against a public school governing
authority's adoption of a policy, rule, or regulation that imposes a lesser
standard than what is prescribed in a rule or regulation adopted by BESE.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Education to the
engrossed bill
1. Corrects title.
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Prepared by Cheryl Serrett.