AN ANALYSIS OF PUBLIC SCHOOL RELATED TORT LIABILITY IN GEORGIA (LAW, SOVEREIGN IMMUNITY, LEGAL, GOVERNMENTAL).

摘要

This study attempted to provide a comprehensive examination of the present and historical status of tort law applicable to public school educators and boards of education in Georgia. Concepts of tort law related to educators from a national perspective were presented. These concepts were then applied in an analysis of constitutional, statutory, and case law affecting Georgia public school educators. Additionally, the potential liability of educators under Section 1983 of the United States code, Title 42, was described.;In examining the liability of Georgia educators under federal law, it was determined that potential Section 1983 liability exists for violation of federally-guaranteed constitutional and statutory rights. Invasion of such rights has been questioned by school employees and by public school students. Protections have been provided, however, for school officials who demonstrate that their conduct has not violated the clearly established statutory or constitutional rights of which a reasonable person would have been aware at the time. In contrast, public school districts are not protected from tort liability for rights violations resulting from any district policy or practice that infringes constitutional rights.;In summary, public school educators in Georgia are governed by state constitutional, statutory, and case law affecting their potential tort liability. They are also directed by federal constitutional, statutory, and case law provisions that address tort liability for violations of civil rights. This research considers the implications of both in determining areas of potential liability for public school educators and boards of education in Georgia.;Findings of the study revealed that, under state constitutional law, Georgia public school administrators, teachers, and employees are protected by sovereign immunity from tort liability. These protections are available only when it is shown that educators have acted within the limits of their official duties and that they have not demonstrated willful or malicious motives. Additionally, a waiver of sovereign immunity is provided up to the limits of liability insurance protection when such insurance has been obtained.