§2800.23. Limitation of liability for damages caused by persons with developmental
disabilities
A. Notwithstanding the provisions of Civil Code Articles 225, 2317, or 2318, a
parent, tutor, or curator of a student with developmental disabilities shall not be liable for any
damage, injury, or loss caused by that student when all of the following conditions exist at
the time the injury or loss occurred:
(1) The school developed and implemented a behavioral intervention plan as part of
an Individualized Education Program pursuant to the Individuals with Disabilities Education
Improvement Act of 2004.
(2) The parent, tutor, or curator of the student signed the Individualized Education
Program.
(3) The parent, tutor, or curator relinquished physical care, custody, and control of
the student to the school.
(4) The parent, tutor, or curator was not present or exercising any physical care,
custody, or control over the student at the school or school-sanctioned event.
B. The limitation of liability provided by this Section shall not be applicable if the
damage, injury, or loss was caused by the negligence of the parent, tutor or curator.
C. The provisions of this Section shall apply only to actions for the recovery of
damages, injury, or loss sustained by an employee of the school which developed and
implemented the behavioral intervention plan as provided by Paragraph (A)(1) of this Section
and where the damages, injury, or loss sustained was caused by a violation of the behavioral
intervention plan by an employee of the school.
Acts 2016, No. 226, §1.