GA Code § 20-2-991 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 2 - Elementary and Secondary Education|Article 18 - Liability Insurance for State and Local School Officials and Employees|§ 20-2-991. Liability Insurance for Performance of Duties Authorized; Actions Against Insurers

 In addition to other compensation paid to members of the State Board of Education, the State School Superintendent, and employees of the state board, and to members of boards of education, school superintendents, teachers, principals, officers, and employees of boards of control of cooperative educational service agencies, and other administrators and employees of county and other local public school systems, the state board, the boards of control of cooperative educational service agencies, and the several boards of education of counties, cities, and independent school systems, whenever created, are authorized, in their discretion, to purchase policies of liability insurance or contracts of indemnity insuring or indemnifying the members of the state board, State School Superintendent, employees of the state board, officers and employees of boards of control of cooperative educational service agencies, and the members of the boards of education, superintendents, teachers, principals, and other administrators and employees against damages arising out of the performance of their duties or in any way connected therewith, whether based upon negligence, violation of contract rights, or violation of civil, constitutional, common-law, or other statutory rights, whether state, federal, or both. Such boards may expend state, county, federal, and local funds, or any combination thereof, for such purposes. The amount of such insurance or indemnity shall be in the discretion of the respective board. No action shall be maintained against the person or company issuing such insurance or contracting for such indemnity until final judgment has first been entered against the individual covered by such policy or contract.   (Ga. L. 1973, p. 1267, § 2; Ga. L. 1975, p. 1181, § 1; Ga. L. 2011, p. 99, § 37/HB 24.)   Cross references.   - Liability insurance, § 24-4-411.   Editor's notes.   - Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that the 2011 amendment to this Code section shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.   Law reviews.   - For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011).   JUDICIAL DECISIONS   Sovereign immunity not waived by purchase of insurance.    - In an action against a school board and school principal for injuries to a student who tripped and fell through a glass door at the school entrance, official immunity of the principal was not waived by the mere existence of a liability insurance policy. Davis v. Dublin City Bd. of Educ., 219 Ga. App. 121, 464 S.E.2d 251 (1995).   Sovereign immunity waived to extent of insurance coverage.    - In regard to a personal injury action arising from an accident involving a school bus, the school district waived sovereign immunity to the extent the district was covered by liability insurance. Coffee County Sch. Dist. v. King, 229 Ga. App. 143, 493 S.E.2d 563 (1997).   OPINIONS OF THE ATTORNEY GENERAL   Local board cannot establish program of self-insurance for itself.   - While a local board of education could establish a program of self-insurance to cover the deductible portion of any liability imposed upon the board's officers or employees, the board could not do so for itself and would be limited to the protection expressly authorized by Ga. L. 1973, p. 1267, § 2 or Ga. L. 1973, p. 1267, § 4. 1977 Op. Att'y Gen. No. 77-61.   RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, §§ 134, 351 et seq., 480. 68 Am. Jur. 2d, Schools, §§ 134, 135.   C.J.S.   - 78 C.J.S., Schools and School Districts, § 570.   ALR.   - Tort liability of public schools and institutions of higher learning for injuries caused by acts of fellow students, 36 A.L.R.3d 330.   Tort liability of public schools and institutions of higher learning for accidents occurring in physical education classes, 36 A.L.R.3d 361.   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.   Personal liability of public school executive or administrative officer in negligence action for personal injury or death of student, 35 A.L.R.4th 272.   Personal liability in negligence action of public school employee, other than teacher or executive or administrative officer, for personal injury or death of student, 35 A.L.R.4th 328.   Tort liability of public schools and institutions of higher learning for accidents occurring in physical education classes, 66 A.L.R.5th 1.   Tort liability of schools and institutions of higher learning for personal injury suffered during school field trip, 68 A.L.R.5th 519.   Tort liability of public schools and institutions of higher learning for accidents occurring during school athletic events, 68 A.L.R.5th 663.   Tort liability of public schools and institutions of higher learning for injury to student walking to or from school, 72 A.L.R.5th 469.