The various school boards of the counties, cities, and independent school systems employing school buses are authorized and required to cause policies of insurance to be issued insuring the school children riding therein to and from school against bodily injury or death at any time resulting from an accident or collision in which such buses are involved. The amount of such insurance shall be within the discretion of the respective boards.
(Ga. L. 1949, p. 1155, § 1.)
Law reviews.- For survey article on insurance law, see 59 Mercer L. Rev. 195 (2007). For annual survey on local government law, see 71 Mercer L. Rev. 189 (2019).
JUDICIAL DECISIONS
OPINIONS OF THE ATTORNEY GENERAL
Local board cannot pay insurance premiums except under stated statutory conditions.- It is clear that a local board of education cannot expend school money to pay the premiums on liability insurance except under the conditions and circumstances stated in Ga. L. 1949, p. 1155, §§ 1 and 2. 1957 Op. Att'y Gen. p. 116.
Medical payment policy must provide for bodily injury and death coverage.- Ordinary medical payment insurance does not satisfy the requirement of this section unless the policy provides for both bodily injury and death coverage. 1960-61 Op. Att'y Gen. p. 164.
Section's requirements read into policy.- When the provisions of a policy of insurance issued pursuant to this section read contrary to the requirements of this section, the requirements are read into the policy by operation of law. 1960-61 Op. Att'y Gen. p. 164.
District liable for injuries to extent that required insurance procured.- School district is not liable in tort for injuries to students except to the extent that insurance has been procured therefor under Ga. L. 1949, p. 1155, §§ 1-5. 1960-61 Op. Att'y Gen. p. 166.
Local board not required to obtain insurance for students riding local transit authority buses.
- Local board of education is not required by O.C.G.A. § 20-2-1090 to obtain accident and medical insurance to cover school children traveling to and from school on buses operated by a local transit authority on regularly scheduled routes with other fee paying passengers, even if such transportation is pursuant to a contract between the local board of education and the local transit authority. 1989 Op. Att'y Gen. U89-11.
RESEARCH REFERENCES
Am. Jur. 2d.
- 68 Am. Jur. 2d, Schools, § 28.
C.J.S.- 78 C.J.S., Schools and School Districts, § 687 et seq.
78A C.J.S., Schools and School Districts, § 1065.
ALR.
- Risks and causes of loss within liability policy covering transportation of school children, 154 A.L.R. 1102.
Tort liability of public schools and institutions of higher learning for accidents associated with the transportation of students, 23 A.L.R.5th 1.