Reps. ERICKSON, DAVIS, and POPE propose the following amendment (LC-4757.AHB0004H):

Amend the bill, as and if amended, SECTION 2, by striking Section 59-28-350(E)(5) and (6) and inserting:

  (5) An LEA employee is not liable under this section if he demonstrates substantial good-faith compliance with all applicable procedures, guidance, or directives related to the subject matter of the claim, unless the claimant proves by clear and convincing evidence that the LEA employee knowingly violated this section. An employee of a local education agency including a teacher, administrator, or other school staff member, acting within the scope of his official duties, shall not be personally liable in a civil action for conduct undertaken in good faith compliance with this article. Any claim arising out of an employee described in item (5) when acting within the scope of official duties, shall be governed exclusively by the provisions of the South Carolina Tort Claims Act pursuant to Chapter 78, Title 15, and the State or political subdivision shall be substituted as the proper party defendant as provided by law.
  (6) An LEA is not liable for the actions of a staff member who violates this article if the staff member acted:
   (a) outside the scope of employment;
   (b) in contravention of written district policy; or
   (c) without the knowledge of the staff member's supervisors. Any claim arising from an act or omission of an employee described in item (5) when acting within the scope of official duties, shall be governed exclusively by the provisions of the South Carolina Tort Claims Act pursuant to Chapter 78, Title 15, and the State or political subdivision shall be substituted as the proper party defendant as provided by law.
  (7) If an employee is found by either the local board or State Board, by clear and convincing evidence, to have violated the rights of a parent as provided for in Section 59-28-320, the LEA shall initiate dismissal of the employee consistent with the procedures in Section 59-25-460 and, for certified employees, take the steps necessary for suspension or revocation of a certificate under Section 59-25-160.
  (8) Nothing in this section shall be construed to provide immunity for conduct that constitutes actual malice, intent to harm, fraud, or a crime involving moral turpitude.

Renumber sections to conform.

Amend title to conform.