2021 Georgia Code
Title 20 - Education
Chapter 2 - Elementary and Secondary Education
Article 18 - Liability Insurance for State and Local School Officials and Employees
§ 20-2-992. Immunity Not Waived
Nothing in this article shall be construed as waiving any immunity or privilege now or hereafter enjoyed by the State Board of Education, by the board of control of any cooperative educational service agency, by any local board of education, by any member of any such board, or by any employee of the state board, school superintendent, principal, teacher, administrator, or other employee or as waiving any immunity or privilege of any state or other public body, board, agency, or political subdivision.
(Ga. L. 1973, p. 1267, § 3; Ga. L. 1975, p. 1181, § 1.)
Law reviews.- For note discussing sovereign immunity in light of Hennessy v. Webb, 245 Ga. 329, 264 S.E.2d 878 (1980), see 32 Mercer L. Rev. 433 (1980).
JUDICIAL DECISIONS
Applicability of constitutional immunity.
- Immunity in Ga. Const. 1983, Art. I, Sec. II, Para. IX for the state and any of the state's departments and agencies to the extent of any liability insurance provided applies to county boards of education. Thigpen v. McDuffie County Bd. of Educ., 255 Ga. 59, 335 S.E.2d 112 (1985).
Immunity extends to school districts.
- Sovereign immunity extends to school districts under the 1991 amendment of Ga. Const. 1983, Art. I, Sec. II, Para. IX, and the legislature has not provided for a waiver of such immunity. Bitterman v. Atkins, 217 Ga. App. 652, 458 S.E.2d 688 (1995).
Immunity not waived by § 20-2-993. - 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).
Willful and wanton conduct.
- County boards of education and county school districts are entitled to the defense of sovereign immunity in a wrongful death action even when plaintiffs allege willful and wanton negligence. Truelove v. Wilson, 159 Ga. App. 906, 285 S.E.2d 556 (1981).
There is an element of intent, actual or imputed, in "willful and wanton conduct" which removes such conduct from the range of conduct which may be termed negligent. Proof of willful or wanton conduct will remove the shield of sovereign immunity from individual officers; proof of negligence will not. Truelove v. Wilson, 159 Ga. App. 906, 285 S.E.2d 556 (1981).
School authorities immune from negligence tort liability.
- School boards, and other agencies or authorities in charge of public schools, enjoy immunity from tort liability for personal injuries or death sustained by pupils or other persons in connection therewith, in the absence of a legislative enactment to the contrary, at least when only negligence was involved. Hennessy v. Webb, 245 Ga. 329, 264 S.E.2d 878 (1980).
School principal's responsibility for ordering new lockers was within the principal's discretionary duties, and as such, the doctrine of sovereign immunity shielded the principal in the absence of evidence of wilful, malicious, or corrupt acts. Bitterman v. Atkins, 217 Ga. App. 652, 458 S.E.2d 688 (1995).
RESEARCH REFERENCES
Am. Jur. 2d.
- 57 Am. Jur. 2d, Municipal, County, School, and State Tort Liability, § 13 et seq.
C.J.S.- 78 C.J.S., Schools and School Districts, §§ 138, 139, 455.
ALR.- Tort liability of public schools and institutions of higher learning, 86 A.L.R.2d 489.
Modern status of doctrine of sovereign immunity as applied to public schools and institutions of higher learning, 33 A.L.R.3d 703.
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 injuries resulting from lack or insufficiency of supervision, 38 A.L.R.3d 830.
Validity and construction of statute authorizing or requiring governmental unit to procure liability insurance covering public officers or employees for liability arising out of performance of public duties, 71 A.L.R.3d 6.
Tort liability of public school or government agency for misclassification or wrongful placement of student in special education program, 33 A.L.R.4th 1166.
Validity, construction, and effect of provisions releasing school from liability for injuries to students caused by interscholastic and other extracurricular activities, 85 A.L.R.4th 344.
Admissibility, in homicide prosecution, of evidence as to tests made to ascertain distance from gun to victim when gun was fired, 11 A.L.R.5th 497.
Tort liability of public schools and institutions of higher learning for accidents associated with the transportation of students, 23 A.L.R.5th 1.
Appealability, under collateral order doctrine, of order denying qualified immunity in 42 USCS § 1983 or Bivens action for damages where claim for equitable relief is also pending - post-Harlow cases, 105 A.L.R. Fed. 851.
