Schools and related governing bodies are generally immune from civil damages and related COVID-19 claims, with specific exceptions and a preserved workers’ compensation right.
§439.1. Immunity from claims or causes of action related to the COVID-19 public health emergency A. Notwithstanding any other provision of law to the contrary, public and nonpublic schools, public and nonpublic school systems, public and nonpublic school governing authorities, and charter school governing authorities, and the officers, employees, and agents thereof shall not be held liable for any civil damages for injury or death resulting from or related to actual or alleged exposure to COVID-19 or acts undertaken in the effort to respond or adapt to the COVID-19 public health emergency. B. There shall be no cause of action related to a person contracting COVID-19 at a public or nonpublic school, other public or nonpublic school facility, on a public or nonpublic school bus, or at a public or nonpublic school sponsored event, which is based on the actions or failure to act by school officers, employees, or agents in response to the COVID-19 public health emergency. C. This Section shall not affect the right of any person to receive benefits provided under the Louisiana Workers' Compensation Law. D. The provisions of this Section shall be limited to claims related to the COVID-19 public health emergency. E.(1) Public and nonpublic schools, public and nonpublic school systems, public or nonpublic school governing authorities, charter school governing authorities, and the officers, employees, and agents thereof may not avail themselves of the immunity provided by this Section if the action or failure to act was in violation of a policy, rule, or regulation adopted by the public or nonpublic school, public or nonpublic school system, public or nonpublic school governing authority, or charter school governing authority or was in violation of any procedure mandated by law or by rule or regulation adopted by a federal or state agency in accordance with the Administrative Procedure Act, and such action or inaction is determined to be grossly negligent or wanton or reckless misconduct. (2) A public school governing authority shall not adopt a policy, rule, or regulation that imposes a lesser standard than what is prescribed in a rule or regulation adopted by the State Board of Elementary and Secondary Education in accordance with the Administrative Procedure Act. Acts 2020, 1st Ex. Sess., No. 9, §1. NOTE: Acts 2020, 1st Ex. Sess., No. 9, §4, provides that the Act has retroactive application to March 11, 2020.