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Call Now: 904-383-7448An area, county, or independent board of education may, upon the adoption of written policies, authorize any principal or teacher employed by the board to administer, in the exercise of his sound discretion, corporal punishment on any pupil or pupils placed under his supervision in order to maintain proper control and discipline. Any such authorization shall be subject to the following requirements:
(Ga. L. 1964, p. 673, § 2; Ga. L. 1977, p. 1290, § 1.)
- Trial court erred in finding that a guardian proved by a preponderance of the evidence, as required under O.C.G.A. § 19-13-3(a), that a mother committed an act of family violence pursuant to O.C.G.A. § 19-13-1 as there was insufficient evidence that the mother committed an act of violence, specifically simple battery in violation of O.C.G.A. § 16-5-23, as opposed to administering reasonable discipline in the form of corporal punishment as O.C.G.A. § 16-5-23 specifically exempted corporal punishment from the definition of battery, and the appellate court determined after considering O.C.G.A. §§ 16-3-20 and20-2-731 that the alleged action of the mother in slapping the child did not rise to the level of unreasonable discipline. Buchheit v. Stinson, 260 Ga. App. 450, 579 S.E.2d 853 (2003).
- It is to be anticipated that corporal punishment will produce pain and the potential for bruising, but as long as the student experiences no more than the short-term discomfort to be expected from the administration of corporal punishment, the evidence demands the conclusion as a matter of law that the punishment administered was neither excessive nor unduly severe. Maddox v. Boutwell, 176 Ga. App. 492, 336 S.E.2d 599 (1985).
- Teacher's grasping student's face to get the student's attention did not amount to corporal punishment. Daniels v. Gordon, 232 Ga. App. 811, 503 S.E.2d 72 (1998).
- Summary judgment for principal was reversed in action brought by parent for injuries to child whose arm was broken while the child was being administered corporal punishment since there were materially varying versions as to what occurred. Crews v. McQueen, 192 Ga. App. 560, 385 S.E.2d 712 (1989).
- 68 Am. Jur. 2d, Schools, § 314 et seq., 321.
Public School Liability: Constitutional Tort Claims for Excessive Punishment and Failure to Supervise Students, 48 Am. Jur. Trials 587.
- 78A C.J.S., Schools and School Districts, §§ 1089, 1090.
- Personal liability of school authorities for dismissal or suspension of pupil, 42 A.L.R. 763.
Teacher's civil liability for administering corporal punishment to pupil, 43 A.L.R.2d 469.
Criminal liability for excessive or improper punishment inflicted on child by parent, teacher, or one in loco parentis, 89 A.L.R.2d 396.
Total Results: 2
Court: Supreme Court of Georgia | Date Filed: 1992-11-16
Citation: 422 S.E.2d 539, 262 Ga. 516, 20 Media L. Rep. (BNA) 2095, 1992 Ga. LEXIS 941
Snippet: act to the school system superintendent. OCGA §§ 20-2-731 (3); 20-2-960 (a); 20-2-1180 (a); 20-2-1184 (a)
Court: Supreme Court of Georgia | Date Filed: 1990-04-20
Citation: 392 S.E.2d 235, 260 Ga. 206
Snippet: of ... sound discretion” as required by OCGA § 20-2-731. In other words, an act could be within the scope