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2018 Georgia Code 20-2-993 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 20-2-993 Case Law from Google Scholar Amendments to OCGA 20-2-993

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

20-2-993. Defense of actions against officials and employees.

In lieu of obtaining the insurance or indemnity referred to in Code Section 20-2-991 or in addition thereto, such boards may, as part of the compensation and terms of employment of the members thereof and of the officials and employees thereof, adopt policies whereby the board will undertake to defend all or specified civil, criminal, or quasi-criminal actions brought or maintained against such members or such officials and employees arising out of the performance of their duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common-law, or other statutory rights, whether state or federal. Such board may expend state, county, federal, and local funds, or any combination thereof, for such purposes, including, but not limited to attorney's fees, court costs, deposition costs, witness fees and compensation, and all other like costs, expenses, and fees; provided, however, that any and all legal representation of the State Board of Education, the State School Superintendent, and employees of the state board shall be through the office of the Attorney General.

(Ga. L. 1973, p. 1267, § 4; Ga. L. 1975, p. 1181, § 1.)

JUDICIAL DECISIONS

Section does not waive sovereign immunity.

- O.C.G.A. § 20-2-993 merely allows for government-provided defense, not for payment of any liability damages, and does not, when read together with O.C.G.A. § 20-2-992, waive sovereign immunity. Holloway v. Rogers, 181 Ga. App. 11, 351 S.E.2d 240 (1986).

OPINIONS OF THE ATTORNEY GENERAL

Local board cannot establish program of self-insurance for itself.

- While a local board of education could establish a program of self-insurance to cover the deductible portion of any liability imposed upon the board's officers or employees, the board could not do so for itself and would be limited to the protection expressly authorized by Ga. L. 1973, p. 1267, § 2 or Ga. L. 1973, p. 1267, § 2. 1977 Op. Att'y Gen. No. 77-61.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Funds, §§ 47, 50. 68 Am. Jur. 2d, Schools, § 133.

C.J.S.

- 78 C.J.S., Schools and School Districts, § 9.

ALR.

- Tort liability of public schools and institutions of higher learning for accidents due to condition of buildings or equipment, 34 A.L.R.3d 1166.

Tort liability of public schools and institutions of higher learning for accidents associated with the transportation of students, 23 A.L.R.5th 1.

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