Section 14.30.143. Concussions in student athletes: school district immunity.

   (a) A school district may not be held liable for an injury to or the death of a person caused by a concussion and resulting from the action or inaction of a person employed by or under contract with a nonprofit youth organization if
        (1) the action or inaction occurred during the delivery of services by the district or organization in compliance with AS 14.30.142;
        (2) the organization is under contract with the district to provide the services; and
        (3) before the provision of services, the organization provided to the district written verification of
             (A) a valid insurance policy covering the injury or death in an amount not less than $50,000 for each person and $100,000 for each incident;
             (B) compliance with the protocol for prevention and reporting of concussions required in AS 14.30.142.
   (b) This section may not be construed to impair or modify the ability of a person to recover damages for harm caused by the negligent or reckless actions of an employee or contractor of a school district or by the existence of a condition, equipment, program, or structure known by the school district or organization to be unsafe.
   (c) In this section, "youth organization" means a public or private entity qualified to do business in the state that provides a program or service to persons under 19 years of age.

Notes

History

(Sec. 2 ch 12 SLA 2011)