This dissertation examines the impact of the 1992 Georgia Tort Claims Act on educators in court decisions involving liability cases against Georgia school districts and/ or their respective employees. By examining pertinent court cases in which Georgia educators were, for the first time, subjected to potential litigation, the researcher outlines circumstances in which educators can and should be held liable for their actions. Additionally, the researcher analyzes the Tort Claims Acts of Texas, Oklahoma, and Mississippi as well. This analysis allows the researcher to contrast the types of litigious actions that educators in each of these states are held liable. Findings include the types of actions in which educators in each of the respective states are subject to liability. Case study analysis of randomly selected court cases involving tort liability, provides the infrastructure for in-depth research allowing the following questions to be addressed: (1) How have Georgia courts interpreted the Georgia Tort Claims Act in litigation against school personnel and school districts? (2) How do tort liability rulings, involving school personnel or districts, in other states within the United States compare with similar cases filed in Georgia since 1992? The Georgia Tort Claim Act of 1992 propelled an array of circumstances in which educational entities would be held liable for their actions. This research clearly explains the types of actions in which educators in the state of Georgia are subject to suit and to what degree they are subsequently held liable. Case study research also uncovered specific areas in which Georgia educators can be held liable. Specific research involving actions deemed either ministerial or discretionary are detailed specifically through case analysis. Additionally, the degree to which liability insurance provides protection for educational entities or their respective employees is also addressed in this research in order that state-by-state comparisons can be understood.
| Identifer | oai:union.ndltd.org:unt.edu/info:ark/67531/metadc700100 |
| Date | 12 1900 |
| Creators | McDaniel, Rick R. |
| Contributors | Camp, Bill, Otto, Doug, Brooks, John, Williams, Rickey |
| Publisher | University of North Texas |
| Source Sets | University of North Texas |
| Language | English |
| Detected Language | English |
| Type | Thesis or Dissertation |
| Format | v, 101 pages, Text |
| Coverage | United States, United States - Georgia |
| Rights | Public, McDaniel, Rick R., Copyright, Copyright is held by the author, unless otherwise noted. All rights reserved. |
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