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2018 Georgia Code 20-2-990 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 20-2-990 Case Law from Google Scholar Amendments to OCGA 20-2-990

TITLE 20 EDUCATION

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

ARTICLE 18 LIABILITY INSURANCE FOR STATE AND LOCAL SCHOOL OFFICIALS AND EMPLOYEES

20-2-990. Legislative findings.

The General Assembly finds that an urgent crisis confronts public education in Georgia. Evolving constitutional principles established by recent judicial decisions impose increased burdens upon school administrators and boards of education and subject them to personal liability under judicial doctrines so unsettled as to render it difficult to predict the legality of actions in advance. Consequently, responsible and competent persons declined to accept appointment and employment, with resulting detriment to public administration. This crisis has become so grave that immediate relief is essential to quality education, and the purchase of protection through liability insurance and contracts of indemnity, and the defense of civil and criminal actions at public expense, as part of the public compensation paid to such officials and employees, offers the only feasible solution. Therefore, the General Assembly finds that the expenditure of public funds for such purposes in these circumstances is for educational purposes and in furtherance of the support and maintenance of public schools and public education.

(Ga. L. 1973, p. 1267, § 1.)

Law reviews.

- For article, "Personal Liability of State Officials under State and Federal Law," see 9 Ga. L. Rev. 821 (1975).

OPINIONS OF THE ATTORNEY GENERAL

Purchase of liability policy covering action for injuries to students valid.

- Purchase of a liability insurance policy which covers school officials and employees against injuries a student might receive while participating in an extracurricular athletic activity is a valid expenditure of school funds by a school district. 1984 Op. Att'y Gen. No. 84-66.

RESEARCH REFERENCES

Am. Jur. 2d.

- 57 Am. Jur. 2d, Municipal, County, School, and State Tort Liability, §§ 32 et seq., 493 et seq. 63C Am. Jur. 2d, Public Officers and Employees, §§ 322 et seq., 336 et seq., 407.

C.J.S.

- 78 C.J.S., Schools and School Districts, §§ 570, 648 et seq.

ALR.

- Tort liability of public schools and institutions of higher learning for injuries caused by acts of fellow students, 36 A.L.R.3d 330.

Tort liability of public schools and institutions of higher learning for accidents occurring in physical education classes, 36 A.L.R.3d 361.

Tort liability of public schools and institutions of higher learning for injuries resulting from lack or insufficiency of supervision, 38 A.L.R.3d 830.

Personal liability of public school teacher in negligence action for personal injury or death of student, 34 A.L.R.4th 228.

Personal liability of public school executive or administrative officer in negligence action for personal injury or death of student, 35 A.L.R.4th 272.

Personal liability in negligence action of public school employee, other than teacher or executive or administrative officer, for personal injury or death of student, 35 A.L.R.4th 328.

Tort liability of public schools and institutions of higher learning for accidents occurring in physical education classes, 66 A.L.R.5th 1.

Tort liability of schools and institutions of higher learning for personal injury suffered during school field trip, 68 A.L.R.5th 519.

Tort liability of public schools and institutions of higher learning for accidents occurring during school athletic events, 68 A.L.R.5th 663.

Tort liability of public schools and institutions of higher learning for injury to student walking to or from school, 72 A.L.R.5th 469.

Cases Citing O.C.G.A. § 20-2-990

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Nat'l Cas. Co. v. Ga. Sch. Bds. Ass'n-Risk Mgmt. Fund, 818 S.E.2d 250 (Ga. 2018).

Cited 22 times | Published | Supreme Court of Georgia | Aug 14, 2018 | 304 Ga. 224

...More significantly, most of the public policy concerns underlying the doctrine of sovereign immunity are inapposite to the consideration of how a school district may choose to protect itself from liability exposure. That issue implicates other public policy concerns. In enacting OCGA § 20-2-990, et seq., which requires public schools to protect themselves from liability exposure through the purchase of liability insurance and/or *255contracts of indemnity, the General Assembly sought to address what it termed the "urgent crisis"...
...As reflected in its findings, the General Assembly recognized that the expenditure of public funds to protect against education professionals' liability, even as pooled in an **231interlocal risk management fund, is "essential to quality education." OCGA § 20-2-990....
...waiving any immunity or privilege of any state or other public body, board, agency, or political subdivision. Thus, the public policy concerns underlying Googe and Martin were already considered and addressed by the General Assembly in enacting OCGA § 20-2-990, et seq....
...The statute does not negate the legislatively-mandated option of liability coverage via an interlocal risk management agency nor impose any requirement that payment by available commercial insurance must precede payment of any risk pool funds. OCGA § 20-2-990 contains express legislative findings in this regard: The General Assembly finds that an urgent crisis confronts public education in Georgia....
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Nat'l Cas. Co. v. Georgia Sch. Boards Ass'n-Risk Mgmt. Fund, 304 Ga. 224 (Ga. 2018).

Cited 1 times | Published | Supreme Court of Georgia | Aug 14, 2018

...of liability coverage via an interlocal risk management agency nor impose any requirement that payment by available commercial insurance must precede payment of any risk pool funds. 11 concerns. In enacting OCGA § 20-2-990 et seq., which requires public schools to protect themselves from liability exposure through the purchase of liability insurance and/or contracts of indemnity, the General Assembly sought to address what it termed the “urgent crisis...
...insurance. OCGA § 20-2-2002. As reflected in its findings, the General Assembly recognized that the expenditure of public funds to protect against education professionals’ liability, even as pooled in an interlocal risk 6 OCGA § 20-2-990 contains express legislative findings in this regard: The General Assembly finds that an urgent crisis confronts public education in Georgia....
...es is for educational purposes and in furtherance of the support and maintenance of public schools and public education. 12 management fund, is “essential to quality education.” OCGA § 20-2-990....
...public body, board, agency, or political subdivision. Thus, the public policy concerns underlying Googe and Martin were already considered and addressed by the General Assembly in enacting OCGA § 13 20-2-990 et seq....