Signed by Governor Kate Brown

Vote Smart's Synopsis:

Vote to pass a bill that establishes liability immunity from COVID-19 related lawsuits for schools.

Highlights:

• Defines “COVID-19 emergency rule” as an executive order, order of the superintendent of public instruction, declaration, directive or other state or federal authorization, policy, statement, guidance, rule, or regulation that creates a standard or waives, suspends, or modifies state or federal law, regulations, or standards regarding the rendering of education services (Sec. 1).

• Defines “education program” as programs or activities operated on school property and any school program or activity operated off school property, and “school” as the following (Sec. 1):

• A common school district, union high school district, education service district;

• A public charter school or public school providing instruction to any grade K-12; or

• A community college district

• Prohibits an individual from bringing a claim for damages related to COVID-19 infection suffered as a result of acts or omissions performed by a school in the course of operating as an education program when they comply with COVID-19 emergency rules at the time of the omission (Sec. 2).

• Specifies that an individual engaged in activities on school property that are not operated by the school may not bring a claim of damages related to COVID-19 against a school (Sec. 2).

• Establishes that the aforementioned immunity shall not apply to reckless, wanton, or intentional misconduct (Sec. 2).

Full Bill Text