A community school, community school governing authority, or community school employee is not liable in damages in a civil action for injury, death, or loss to person or property allegedly arising from a school employee’s decision not to provide or procure mental health services for a suspended or expelled student under division (B)(2) of section 3313.668 of the Revised Code, unless the decision is made with malicious purpose, in bad faith, or in a wanton or reckless manner.

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Terms Used In Ohio Code 3314.146

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • Property: means real and personal property. See Ohio Code 1.59
  • state: means the state of Ohio. See Ohio Code 1.59

This section does not eliminate, limit, or reduce any other immunity or defense to which a community school, community school governing authority, or community school employee may be entitled to under Chapter 2744. or any other provision of the Revised Code or under the common law of this state.

Last updated November 7, 2023 at 3:29 PM