2020 Georgia Code
Title 20 - Education
Chapter 2 - Elementary and Secondary Education
Article 16 - Students
Part 2 - Discipline
Subpart 1 - Corporal Punishment
§ 20-2-732. When Principal or Teacher Not Liable for Administering Corporal Punishment

No principal or teacher who shall administer corporal punishment to a pupil or pupils under his care and supervision in conformity with the policies and regulations of the area, county, or independent board of education employing him and in accordance also with this subpart shall be held accountable or liable in any criminal or civil action based upon the administering of corporal punishment where the corporal punishment is administered in good faith and is not excessive or unduly severe.

(Ga. L. 1964, p. 673, § 3.)

- Purchase of liability insurance for school officials and employees, § 20-2-990 et seq.

JUDICIAL DECISIONS

Immunity applied

- When the student, the plaintiff mother's son, repeatedly disobeyed the defendant teacher's command to be seated, and the student first touched the teacher by forcing the teacher's hand from a doorframe, if the teacher's actions constituted corporal punishment rather than self defense, some corporal punishment was justified, and the fact that the teacher previously made derogatory comments to the student or otherwise harbored ill will toward the student was not enough to evidence either actual malice or an intent to injure; thus, immunity under O.C.G.A. § 20-2-732 applied to the state law claims against the teacher. Peterson v. Baker, 504 F.3d 1331 (11th Cir. 2007).

Cited in Maddox v. Boutwell, 176 Ga. App. 492, 336 S.E.2d 599 (1985).

RESEARCH REFERENCES

Am. Jur. 2d.

- 6 Am. Jur. 2d, Assault and Battery, §§ 31, 97.

Public School Liability: Constitutional Tort Claims for Excessive Punishment and Failure to Supervise Students, 48 Am. Jur. Trials 587.

- 7 C.J.S., Assault and Battery, § 29.

- Right to discipline pupil for conduct away from school grounds, 41 A.L.R. 1312.

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.

Subpart 1A Improved Student Learning Environment and Discipline

Editor's notes.

- Ga. L. 1999, p. 438, § 1, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Improved Student Learning Environment and Discipline Act of 1999.'"