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2018 Georgia Code 20-2-930 | Car Wreck Lawyer

TITLE 20 EDUCATION

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

ARTICLE 17 TEACHERS AND OTHER SCHOOL PERSONNEL

20-2-930. Professional liability insurance coverage for teachers and other school personnel.

  1. For purposes of this Code section, the term:
    1. "Certificated personnel" means all teachers, principals, and other education personnel certificated by the Professional Standards Commission.
    2. "Student teacher" means a college or university student in an education degree program in a unit of the University System of Georgia or in a private postsecondary institution who, as part of the degree program, is in a local school system in a classroom setting providing instruction to students and being mentored by a teacher.
  2. The Department of Administrative Services shall be authorized to purchase or provide a policy or policies of professional liability insurance, subject to appropriations by the General Assembly, insuring certificated personnel who are employed by a local school system and student teachers. Such policy or policies shall protect against damages arising out of the performance of their duties or in any way connected therewith. The amount of such insurance and the appropriate coverages shall be in the discretion of the Department of Administrative Services, subject to specific appropriations by the General Assembly.
  3. Insurance coverage provided pursuant to this Code section shall automatically cover all certificated personnel who are employed by a local school system and student teachers and shall be at no cost to such certificated personnel or student teachers.
  4. The program of insurance under this part shall be administered by the Department of Administrative Services and such department shall be authorized to promulgate any necessary rules and regulations to implement such program.
  5. The program of insurance shall be effective for insurance coverage of certificated personnel and student teachers no later than July 1, 2005.

(Code 1981, §20-2-930, enacted by Ga. L. 2005, p. 717, § 3/SB 34.)

Law reviews.

- For article on 2005 enactment of this Code section, see 22 Ga. St. U.L. Rev. 83 (2005).

PART 7 T ERMINATION, SUSPENSION, NONRENEWAL, DEMOTION, OR REPRIMAND

Law reviews.

- For article, "Teachers' Freedom of Expression Within the Classroom: A Search for Standards," see 8 Ga. L. Rev. 837 (1974). For note discussing teachers' freedom of expression outside the classroom, see 8 Ga. L. Rev. 900 (1974).

JUDICIAL DECISIONS

Cited in Palmer v. State Bd. of Educ., 143 Ga. App. 315, 238 S.E.2d 255 (1977); Owen v. Long County Bd. of Educ., 245 Ga. 647, 266 S.E.2d 461 (1980); Rockdale County Sch. Dist. v. Weil, 245 Ga. 730, 266 S.E.2d 919 (1980).

OPINIONS OF THE ATTORNEY GENERAL

Part has no application to the office of county school superintendent because the superintendent is a public officer rather than a school board employee, whether or not the superintendent is appointed and given a contract for a definite term by the county board of education. 1977 Op. Att'y Gen. No. U77-17.

Teacher who ends a third school year of employment under contract, but has not yet been offered a fourth school year contract, is entitled to protections of O.C.G.A. § 20-2-940 et seq. if the local superintendent decides not to renew the contract for the fourth school year. 1981 Op. Att'y Gen. No. 81-94.

Nontenured teacher not entitled to hearing or statement of reasons upon nonrenewal.

- O.C.G.A. § 20-2-940 et seq. does not require a hearing or a statement of reasons be given a nontenured teacher whose contract is simply not renewed. 1982 Op. Att'y Gen. No. U82-2.

No statement of reasons for nonrenewal of a nontenured teacher's contract is required. If a local school board desires to give reasons, the reasons should be given only orally in a private meeting between an appropriate school official and the teacher. 1982 Op. Att'y Gen. No. U82-2.

RESEARCH REFERENCES

Am. Jur. 2d.

- 68 Am. Jur. 2d, Schools, § 219 et seq.

Defense of a Teacher Charged with Unfitness to Teach, 38 POF3d 63.

Proof that a Teacher's License was Improperly Revoked: Teacher's Damages and Emotional Stress Award, 66 POF3d 541.

ALR.

- Teacher as an officer whose right may be tested by quo warranto, 30 A.L.R. 1423.

Teachers' tenure statutes, 113 A.L.R. 1495; 127 A.L.R. 1298.

Elements and measure of damages in action by schoolteacher for wrongful discharge, 22 A.L.R.3d 1047.

Who is "teacher" for purposes of tenure statute, 94 A.L.R.3d 141.

Sufficiency of notice of intention to discharge or not to rehire teacher, under statutes requiring such notice, 52 A.L.R.4th 301.

Validity and construction of statutes, ordinances, or regulations requiring competency tests of schoolteachers, 64 A.L.R.4th 642.

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