Limitation on Civil Damages for Disciplining Student; Frivolous or Nonmeritorious Actions; Legal Counsel for the Educator

  1. Law
  2. Georgia Code
  3. Education
  4. Elementary and Secondary Education
  5. Liability of Educators for Disciplining Students
  6. Limitation on Civil Damages for Disciplining Student; Frivolous or Nonmeritorious Actions; Legal Counsel for the Educator

Checkout our iOS App for a better way to browser and research.

  1. As used in this Code section, the term "educator" means any principal, school administrator, teacher, school counselor, paraprofessional, school bus driver, volunteer assisting teachers in the classroom, tribunal members, or certificated professional personnel.
  2. No educator shall be liable for any civil damages for, or arising out of, any act or omission concerning, relating to, or resulting from the discipline of any student or the reporting of any student for misconduct, except for acts or omissions of willful or wanton misconduct.
  3. If a judgment or finding is rendered in favor of a defendant educator in any action, complaint, disciplinary proceeding, or other administrative proceeding brought by a student, a parent or guardian of a student, or any other person on behalf of a student and arising out of or resulting from the discipline of such student or if the complaint is found to be nonmeritorious, frivolous, or without just cause, all reasonable court costs, reasonable attorneys' fees, and reasonable expenses incurred by the defendant educator in defending such action or complaint shall be assessed by the court, agency, or other tribunal against the plaintiff and shall be paid by the plaintiff. Any educator shall have a right to bring an action or a counterclaim against the plaintiff in any such action or proceeding for any damages suffered by the educator as a result of the actions of the student or the filing of any frivolous or nonmeritorious action, complaint, or report. Nothing in this subsection shall be construed to apply to any educator filing a complaint as required by the rules, regulations, or code of ethics of the Professional Standards Commission; any child abuse reporting statute; any applicable local board of education rule, regulation, or policy; or any State Board of Education rule, regulation, or policy.
  4. If any civil action is brought against any educator or any report or complaint is made or filed against any educator with the county or local board of education, the Department of Education, the Professional Standards Commission, or any other regulatory agency or tribunal by a student, a parent or guardian of a student, or any other person on behalf of a student and arising out of or relating to the discipline of such student, it shall be the duty of the county or local board of education employing such educator to provide counsel for the educator, if requested by the educator, unless such board of education determines, after an independent investigation of the report or complaint, that the act or omission of the educator constituted willful or wanton misconduct or constituted gross misconduct in violation of the express written policies of the board of education. Neither testimony given in such independent investigation nor the results of any such independent investigation by the board of education shall be admissible in any other proceeding. The provision of counsel to such educator shall be for an educational purpose and any funds available to the board of education may be expended for such purpose. Any attorneys' fees recovered pursuant to subsection (c) of this Code section attributable to the services furnished by any counsel provided to an educator by his or her employer shall be paid to the employer.

(Code 1981, §20-2-1000, enacted by Ga. L. 1995, p. 772, § 1; Ga. L. 1997, p. 1436, § 10; Ga. L. 1998, p. 750, § 9; Ga. L. 1999, p. 81, § 20; Ga. L. 2013, p. 1061, § 33/HB 283.)

Editor's notes.

- Ga. L. 1997, p. 1436, § 1, not codified by the General Assembly, provides that the Act shall be known and may be cited as the "School Safety Act."

Ga. L. 1998, p. 750, § 11, not codified by the General Assembly, provides that all cases pending before the Professional Practices Commission on June 30, 1998, shall be transferred to the Professional Standards Commission.

RESEARCH REFERENCES

Liability of School Bus Driver or School for Injury to Child Going to or from School Bus, 13 POF3d 475.


Download our app to see the most-to-date content.