1. A school employee is immune from both criminal and civil liability for actions taken in good faith to intervene in physical altercations, fights or other incidents that pose an imminent risk to the safety of pupils, other school employees and persons in proximity to the altercation, fight or incident, provided that: (a) The school employee is acting within the course and scope of his or her employment and within the course and scope of his or her role in maintaining order, discipline or the safety of pupils; (b) The actions of the school employee are consistent with federal, state and local laws and the policies of the school district employing the school employee or the school at which the school employee is employed relating to the maintenance of safety and discipline; and (c) Any harm caused by the intervention was not the result of: (1) Willful or intentional misconduct; (2) Gross negligence; (3) Reckless misconduct; or (4) A conscious, flagrant indifference to the rights or safety of the person harmed. 2. If any school employee intervenes in a fight or altercation involving a pupil, the school employee shall report the incident to school administration as soon as practicable and in accordance with the policies and protocols established by the school employing the school employee. 3. Each school shall maintain a record of reports received pursuant to subsection 2 and use these records only to assess the need for additional training, support or policy adjustments to improve school safety practices. 4. As used in this section: (a) Intervene or intervention means taking any physical or verbal action to prevent, separate or otherwise manage pupils in a manner designed to avoid imminent harm to pupils, school employees or others in proximity to the area where such actions are taken. (b) School employee means a licensed or unlicensed person who is employed by a private school.
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