22.1-266 - Law-enforcement officers and truant children. - Virginia Statutes

§ 22.1-266. Law-enforcement officers and truant children.

A. Notwithstanding the provisions of § 16.1-246, any law-enforcement officeras defined in § 9.1-101 or any attendance officer may pick up any child who(i) is reported to be truant from a public school by a school principal ordivision superintendent or (ii) the law-enforcement officer or attendanceofficer reasonably determines to be a public school student and by reason ofthe child's age and circumstances is either truant from public school or hasbeen expelled from school and has been required to attend an alternativeeducation program pursuant to § 22.1-254 or § 22.1-277.2:1, and may deliversuch child to the appropriate public school, alternative education program,or truancy center and personnel thereof without charging the parent orguardian of such child with a violation of any provision of law.

B. Any such law-enforcement officer or attendance officer shall not be liablefor any civil damages for any acts or omissions resulting from picking up ordelivering a public school child as provided in subsection A when such actsor omissions are within the scope of the employment of such law-enforcementofficer or attendance officer and are taken in good faith, unless such actsor omissions were the result of gross negligence or willful misconduct. Thissubsection shall not be construed to limit, withdraw or overturn any defenseor immunity already existing in statutory or common law or to affect anyclaim occurring prior to the effective date of this law.

C. For the purposes of this section, "truancy center" means a facility orsite operated by a school division, sometimes jointly with the locallaw-enforcement agency, and designated for receiving children who have beenretrieved by a law-enforcement officer or attendance officer for truancy fromschool.

(Code 1950, § 22-275.11:1; 1976, c. 692; 1978, c. 215; 1980, c. 559; 1999,cc. 395, 1023; 2001, cc. 688, 820.)