05 AM 33
0192-EC
NOT
GERMANE
Senator
Shafer of the 48th offered the following amendment:
Amend
the Senate Education and Youth Committee substitute to SB 34 (LC 33 0596-ECS) by
inserting after "repeal;" on line 11 of page 1 the following:
"to
amend Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to teachers and other school personnel, so as to provide for
legislative intent; to provide for a definition; to provide for the purchase of
professional liability insurance for teachers, principals, and other
certificated personnel by the state; to provide that such insurance coverage
will automatically cover certain school personnel and will be at no cost to such
personnel; to provide for the administration of the program; to provide for an
effective date for insurance
coverage;".
By
inserting between lines 9 and 10 of page 4 the following:
"SECTION
3.
Article
17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to teachers and other school personnel, is amended by adding after Part 6 a new
part to read as follows:
'Part
6A
20-2-900.
The
General Assembly finds that a crisis confronts public education in Georgia
relating to the exposure to personal liability of classroom teachers and other
certificated personnel. Consequently, responsible and competent persons may
decline to accept positions in schools, with resulting detriment to the quality
of our public education system. This crisis has reached a point where the
purchase of protection through liability insurance and the defense of civil and
criminal actions at public expense, as part of the public compensation paid to
such teachers and other certificated personnel, offers a feasible solution.
Therefore, the General Assembly finds that the expenditure of public funds for
such purposes in these circumstances is for educational purposes and in
furtherance of the support and maintenance of public schools and public
education. It is therefore the intent of the General Assembly that teachers,
principals, and other certificated personnel in public schools in this state be
protected from liability from monetary damages and the cost of defense of
actions resulting from claims made against them arising out of occurrences in
the course of activities in their professional capacity.
20-2-901.
(a)
For purposes of this Code section, 'certificated personnel' means all teachers,
principals, and other education personnel certificated by the Professional
Standards Commission.
(b)
The Department of Administrative Services shall be authorized to purchase a
policy or policies of professional liability insurance, subject to
appropriations by the General Assembly, insuring certificated personnel who are
employed by a local school system. Such policy or policies shall protect
against damages arising out of the performance of their duties or in any way
connected therewith. The amount of such insurance and the appropriate coverages
shall be in the discretion of the Department of Administrative Services, subject
to specific appropriations by the General Assembly.
(c)
Insurance coverage provided pursuant to this Code section shall automatically
cover all certificated personnel who are employed by a local school system and
shall be at no cost to such certificated personnel.
(d)
The program of insurance under this part shall be administered by the Department
of Administrative Services and such department shall be authorized to promulgate
any necessary rules and regulations to implement such program.
(e)
The program of insurance shall be effective for insurance coverage of
certificated personnel no later than July 1,
2005.'"
By
redesignating Sections 3 and 4 as Sections 4 and 5, respectively.