Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 20-2-731 | Car Wreck Lawyer

TITLE 20 EDUCATION

Section 2. Elementary and Secondary Education, 20-2-1 through 20-2-2180.

ARTICLE 16 STUDENTS

20-2-731. When and how corporal punishment may be administered.

An 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:

  1. The corporal punishment shall not be excessive or unduly severe;
  2. Corporal punishment shall never be used as a first line of punishment for misbehavior unless the pupil was informed beforehand that specific misbehavior could occasion its use; provided, however, that corporal punishment may be employed as a first line of punishment for those acts of misconduct which are so antisocial or disruptive in nature as to shock the conscience;
  3. Corporal punishment must be administered in the presence of a principal or assistant principal, or the designee of the principal or assistant principal, employed by the board of education authorizing such punishment, and the other principal or assistant principal, or the designee of the principal or assistant principal, must be informed beforehand and in the presence of the pupil of the reason for the punishment;
  4. The principal or teacher who administered corporal punishment must provide the child's parent, upon request, a written explanation of the reasons for the punishment and the name of the principal or assistant principal, or designee of the principal or assistant principal, who was present; provided, however, that such an explanation shall not be used as evidence in any subsequent civil action brought as a result of the corporal punishment; and
  5. Corporal punishment shall not be administered to a child whose parents or legal guardian has upon the day of enrollment of the pupil filed with the principal of the school a statement from a medical doctor licensed in Georgia stating that it is detrimental to the child's mental or emotional stability.

(Ga. L. 1964, p. 673, § 2; Ga. L. 1977, p. 1290, § 1.)

JUDICIAL DECISIONS

Consideration with Family Violence Act.

- 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).

Punishment not excessive as matter of law.

- 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).

Contact not amounting to corporal punishment.

- 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 reversed when materially varying versions of what occurred.

- 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).

RESEARCH REFERENCES

Am. Jur. 2d.

- 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.

C.J.S.

- 78A C.J.S., Schools and School Districts, §§ 1089, 1090.

ALR.

- 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.

Cases Citing Georgia Code 20-2-731 From Courtlistener.com

Total Results: 2

Ellerbee v. Mills

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)

Logue v. Wright

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