School District Liability in Georgia: Injuries at Public Schools

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Whether a Georgia family can sue a school district for a child’s injury turns on immunity. A district is protected unless the General Assembly has waived that protection by a statute that says so and sets how far the waiver goes, and the Georgia Tort Claims Act is not such a statute for school districts. The school bus insurance statutes show how a waiver can work for a district, and a 1984 decision shows where it stops.

Why the Tort Claims Act Does Not Apply

The Tort Claims Act waives immunity for the State, a term that covers state agencies and institutions but leaves out counties, municipalities, school districts, other units of local government, and certain local authorities (OCGA 50-21-22(5)). The separate waiver for local governments’ motor vehicles is also closed to districts: a “local government entity” is a county, municipal corporation, or consolidated government, and the term “shall not include a local school system” (OCGA 36-92-1(3)).

Where a District’s Immunity Comes From

In Gilbert v. Richardson, 264 Ga. 744 (1994), the Supreme Court of Georgia traced sovereign immunity to the common law, “adopted by this state in 1784,” under which it “protected governments at all levels from unconsented-to legal actions.” It held “that sovereign immunity is waived by any legislative act which specifically provides that sovereign immunity is waived and the extent of such waiver,” and it tied that holding to the constitutional provision that “the General Assembly may waive the immunity of counties, municipalities, and school districts by law.” The Court added that “[t]he enactment of a state tort claims act was but one of the ways the legislature could constitutionally waive sovereign immunity.”

That test governs every injury at a public school, whether it happens on a bus, in a classroom, in a gym, or on a field: the claim needs a statute that waives the district’s immunity, and the recovery is limited to the extent of that waiver.

School Buses and Insurance

The Code requires boards that run school buses “to cause policies of insurance to be issued insuring the school children riding therein to and from school and school related activities against bodily injury or death at any time resulting from an accident or collision in which such buses are involved,” in an amount within each board’s discretion (OCGA 20-2-1090). Boards may add coverage for members of the public injured by “the negligent operation of the school buses,” although “[n]othing, however, in this part shall be construed as imposing legal liability upon such boards on account of such accidents” (OCGA 20-2-1092).

The waiver follows the insurance. When a political subdivision buys motor vehicle liability insurance above the amount waived under OCGA 36-92-2, “its governmental immunity shall be waived to the extent of the amount of insurance so purchased,” and liability exists “only while the insurance is in force and only to the extent of the limits or the coverage of the insurance policy” (OCGA 33-24-51(b), (c)). A verdict above the limits is reduced “to a sum equal to the applicable limits stated in the insurance policy but not less than the amount of immunity waived as provided in Code Section 36-92-2” (OCGA 33-24-51(d)).

Coverage is the line. In Hicks v. Walker County School District, 172 Ga. App. 428 (1984), a student riding a school bus was allegedly attacked by two other passengers for the length of a forty-minute ride. The district’s policy covered injury “resulting from the ownership, maintenance or use of a covered auto.” The Court of Appeals saw “no causal connection” between an injury “deliberately inflicted” by other children “and the use of the school bus as contemplated by the parties to the insurance policy,” held that the injury was not covered, and concluded that the district’s immunity had not been waived.

Claims Against School Employees

Hicks also decided the claim against the bus driver, who was sued in an official capacity. The driver was “entitled to governmental immunity unless she has acted wilfully, maliciously, unfaithfully or in bad faith,” and because there was no allegation of willful or malicious behavior and no evidence contradicting the driver’s affidavit, summary judgment for the driver was affirmed. In Gilbert, the Supreme Court held that a deputy sheriff’s official immunity barred the claims against the deputy, but that “her immunity from personal liability does not extend to her employer,” so the sheriff could be sued to the extent the county had waived its immunity.

Frequently Asked Questions

Should the claim name the school board or the school district?
In Hicks, the Court of Appeals upheld dismissal of the county board of education on the ground that “a school board is not such a political subdivision under OCGA § 33-24-51 that it can be sued,” while the claim against the school district went on to the immunity question.

Can an insurer refuse to pay because the board itself is not liable?
No. Where an insurer issues a policy covering the general public under OCGA 20-2-1092, “the company shall be estopped to deny its liability thereunder on account of the nonliability of the school board.”

Does the insurance requirement reach a bus the board does not own?
Yes. The board pays the premium for a bus it owns, and “[w]here the bus is not owned by the board, the premium shall be paid by the owner” (OCGA 20-2-1091).

Can a parent settle a small school-injury claim for a child without going to court?
If the minor has no conservator, a natural guardian may compromise the minor’s claim without court approval and without becoming a conservator when the proposed gross settlement is $25,000 or less; if the minor has a conservator, only the conservator can compromise the claim (OCGA 29-3-3(b)). When the gross settlement is more than $25,000 but the net is $25,000 or less, the settlement is submitted to a court for approval; when the net is also more than $25,000, a conservator is required (OCGA 29-3-3(c)).

  • OCGA 50-21-22(5); OCGA 36-92-1(3)
  • Gilbert v. Richardson, 264 Ga. 744 (1994)
  • OCGA 20-2-1090; OCGA 20-2-1091; OCGA 20-2-1092; OCGA 33-24-51(b), (c), (d); OCGA 36-92-2 (as referred to in OCGA 33-24-51)
  • Hicks v. Walker County School District, 172 Ga. App. 428 (1984)
  • OCGA 29-3-3(b), (c)

Disclaimer

This article provides general information about claims against public school districts under Georgia law. It is not legal advice and does not create an attorney-client relationship. Whether immunity has been waived, and which deadlines apply, depend on the specific facts, the district’s insurance, and current authority. A family dealing with a school injury should consult a licensed Georgia attorney promptly about the particular situation.

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