Georgia House of Representatives - 1995/1996 Sessions

HB 134 - Educators; discipline of students; liability

Page Numbers - 1/ 2/ 3

Code Sections - 20-2-1000

1. Walker  141st          2. McKinney  51st          3. Smith  175th
4. Godbee  145th          5. Royal  164th            6. Stephenson  25th


House Comm: Ed         /                Senate Comm: Ed         /               
House Vote: Yeas 170   Nays 1           Senate Vote: Yeas 44  Nays 3            
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              1/11/95  Read 1st Time         2/20/95                            
              1/12/95  Read 2nd Time         3/13/95                            
              2/15/95  Favorably Reported    3/13/95                            
              Sub      Committee Amend/Sub                                      
              2/17/95  Read 3rd Time         3/14/95                            
              1/17/95  Passed/Adopted        3/14/95                            
              CS       Comm/Floor Amend/Sub  FA                                 
              3/15/95  Amend/Sub Agreed To                                      
              3/29/95  Sent to Governor                                         
              4/18/95  Signed by Governor                                       
              372      Act/Veto Number                                          
              4/18/95  Effective Date                                           
              ----------------------------------------                          
                                                                                
Code Sections amended: 20-2-1000                                                


HB 134                                             HB 134/AP

      H. B. No. 134 (AS PASSED HOUSE AND SENATE)
      By:  Representatives Walker of the 141st, McKinney of the
      51st, Smith of the 175th, Godbee of the 145th, Royal of the
      164th and others

                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 2 of Title 20 of the Official Code of
  1- 2  Georgia Annotated, relating to elementary, secondary, and
  1- 3  adult education, so as to provide that certain educators
  1- 4  shall not be liable for any civil damages for, or arising
  1- 5  out of, any act or omission concerning, relating to, or
  1- 6  resulting from the discipline of any student, except for
  1- 7  acts or omissions of willful or wanton misconduct; to
  1- 8  provide for a definition; to provide for the imposition,
  1- 9  collection, and payment of court costs, attorneys' fees, and
  1-10  other expenses in certain circumstances; to provide for
  1-11  actions and counterclaims; to provide for duties of county
  1-12  and local boards of education concerning the provision of
  1-13  counsel to educators and practices, procedures, hearings,
  1-14  testimony, and other matters related thereto; to provide for
  1-15  the payment of the costs thereof; to provide for other
  1-16  matters relating to the rights of educators; to provide an
  1-17  effective date; to repeal conflicting laws; and for other
  1-18  purposes.

  1-19       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-20  Chapter 2 of Title 20 of the Official Code of Georgia
  1-21  Annotated, relating to elementary, secondary, and adult
  1-22  education, is amended by adding, following Article 18 of
  1-23  said chapter, a new Article 18A to read as follows:

                        "ARTICLE 18A

  1-24    20-2-1000. (Index)

  1-25    (a) As used in this Code section, the term 'educator'
  1-26    means any principal, school administrator, teacher,
  1-27    guidance counselor, paraprofessional, school bus driver,
  1-28    volunteer assisting teachers in the classroom, tribunal
  1-29    members, or certificated professional personnel.

  1-30    (b) No educator shall be liable for any civil damages for,
  1-31    or arising out of, any act or omission concerning,


                             H. B. No. 134
                                 -1- (Index)

                                                   HB 134/AP

  2- 1    relating to, or resulting from the discipline of any
  2- 2    student, except for acts or omissions of willful or wanton
  2- 3    misconduct.

  2- 4    (c) If a judgment or finding is rendered in favor of a
  2- 5    defendant educator in any action, complaint, disciplinary
  2- 6    proceeding, or other administrative proceeding brought by
  2- 7    a student, a parent or guardian of a student, or any other
  2- 8    person on behalf of a student and arising out of or
  2- 9    resulting from the discipline of such student or if the
  2-10    complaint is found to be nonmeritorious, frivolous, or
  2-11    without just cause, all reasonable court costs, reasonable
  2-12    attorneys' fees, and reasonable expenses incurred by the
  2-13    defendant educator in defending such action or complaint
  2-14    shall be assessed by the court, agency, or other tribunal
  2-15    against the plaintiff and shall be paid by the plaintiff.
  2-16    Any educator shall have a right to bring an action or a
  2-17    counterclaim against the plaintiff in any such action or
  2-18    proceeding for any damages suffered by the educator as a
  2-19    result of the actions of the student or the filing of any
  2-20    frivolous or nonmeritorious action, complaint, or report.
  2-21    Nothing in this subsection shall be construed to apply to
  2-22    any educator filing a complaint as required by the rules,
  2-23    regulations, or code of ethics of the Professional
  2-24    Practices Commission; any child abuse reporting statute;
  2-25    any applicable local board of education rule, regulation,
  2-26    or policy; or any State Board of Education rule,
  2-27    regulation, or policy.

  2-28    (d) If any civil action is brought against any educator or
  2-29    any report or complaint is made or filed against any
  2-30    educator with the county or local board of education, the
  2-31    Department of Education, the Professional Practices
  2-32    Commission, or any other regulatory agency or tribunal by
  2-33    a student, a parent or guardian of a student, or any other
  2-34    person on behalf of a student and arising out of or
  2-35    relating to the discipline of such student, it shall be
  2-36    the duty of the county or local board of education
  2-37    employing such educator to provide counsel for the
  2-38    educator, if requested by the educator, unless such board
  2-39    of education determines, after an independent
  2-40    investigation of the report or complaint, that the act or
  2-41    omission of the educator constituted willful or wanton
  2-42    misconduct or constituted gross misconduct in violation of
  2-43    the express written policies of the board of education.
  2-44    Neither testimony given in such independent investigation
  2-45    nor the results of any such independent investigation by

                             H. B. No. 134
                                 -2- (Index)

                                                   HB 134/AP

  3- 1    the board of education shall be admissable in any other
  3- 2    proceeding.  The provision of counsel to such educator
  3- 3    shall be for an educational purpose and any funds
  3- 4    available to the board of education may be expended for
  3- 5    such purpose.  Any attorneys' fees recovered pursuant to
  3- 6    subsection (c) of this Code section attributable to the
  3- 7    services furnished by any counsel provided to an educator
  3- 8    by his or her employer shall be paid to the employer."

                         SECTION 2.

  3- 9  This Act shall become effective upon its approval by the
  3-10  Governor or upon its becoming law without such approval.

                         SECTION 3.

  3-11  All laws and parts of laws in conflict with this Act are
  3-12  repealed.































                             H. B. No. 134
                                 -3- (Index)