The Kings of Georgia
Who Pays When Students Get Hurt?
School Law Again Comes Under Fire
Who are the Kings of Georgia? Not the Governor, not the State Legislature, not even Ted Turner or the folks at Coca-Cola. The true Kings of Georgia are the school systems. Georgia’s Constitution gives them “sovereign immunity”, an archaic system that sets them above the law of the land, just like the tyrants of ages past.
At the age of 15, David Dollar has a new perspective on life after losing sight in his right eye.
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He was injured during science class at South Forsyth Middle School in May when his teacher took his class outside to launch bottle rockets.
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The metal clip struck him in his right eye, and although surgeons were able to save his eye during emergency surgery, they could not restore his sight.
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School officials referred the matter to their insurance company — Utica National– which responded with a letter that stated, “While we regret the injury to your son, we are unable to provide payment of any medical expenses. Medical payments coverage is not available to students who are injured on school premises.”
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“State law is very clear that you can’t use funds that are to go for school purposes to pay somebody’s medical bills in a case like this,� said Phil Hartley, an attorney who represents the Forsyth County School System.While he won’t talk about specifics in the dollar case, he says immunity also protects school employees, even if they’re negligent.
Sovereign immunity means schools and their employees can be the indirect cause of death, damage and disfigurement with absolutely no financial or criminal liability.
Eight-year-old Trent Schick has an unusual collection of casts. He had to wear them for two months following surgery on his left toe in September.
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He broke his toe at Daves Creek Elementary School in Forsyth County as he walked out of a boy’s bathroom stall. “And then the door just fell off and slammed onto my toe,� Schick recalled.
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After surgery, Trent’s parents asked the school system to help pay his medical bills, but the school’s insurance company, Utica National, refused.In a letter sent last month, Utica National wrote that the school system is protected by the doctrine of sovereign immunity.
“When you have sovereign immunity, there’s no consequences, there’s no accountability for not maintaining your premises safely,� Nancy Schick said.
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Plaintiff’s attorney and child advocate Don Keenan believes sovereign immunity goes too far.“We’re supposed to be a democracy, there aren’t supposed to be any kings but yet the school systems are kings,� Keenan said.
“If you’re a school and you’ve been reckless and you’ve harmed a kid, then you should be responsible enough to take care of those injuries like all citizens are if they’re negligent,� he added.
Sovereign immunity has been challenged in court but has been consistently upheld.
“The tax resources, the people’s resources that are dedicated to in this case education should not be diverted to pay for injuries that may arise to people on school property or for some other reason,� said attorney Phil Hartley, who represents Forsyth County and dozens of other school systems.
(Tip credit to Lovely Wife)
I hope this story is widely publicized in Georgia. Maybe the law can be changed or perhaps people will decide that since the public schools bear no responsibility for what happens to their students, it’s really not wise for parents to send them there.
I doubt any of these cases has made it to a federal court. I am no lawyer ( Idont even know If I spelled it right), But it seems to me that there are federal laws that go against this state Joke I mean law. If not there should be. This also seems like a case where a rope might be usefull.
Travis:
If there are any federal laws that contridict this state law, that federal law is unconstitutional. Yes, the state law is completely absurd, HOWEVER, the federal government has no right to simply override state law in areas which the federal government has ZERO jurisdiction. This needs to be solved at the state level. Keep the feds out of this, would you?
This begs the question: If the school system has sovereign immunuty, then what is the purpose of the insurance carrier? Collect premiums with no obligation to ever pay any benefits? Ahhhh, the smell of gorgonzola is in the air.
I completely agree with Jack Mitcham on this one.
And it is a very good point Bas Alferow, why have insurance if no one can sue you (and win)?
Perhaps since the ”Sovereign immunity” was granted by Georgia, the student needs to sue the state itself for negligence and the recovery of medical expenses.
Im sorry I guess I wasn�t very clear or I may be missing the pint entirely. I figured that there is some federal law that requires damages be paid to injured parties by the responsible party. Again I could be very wrong as my law expertise comes from such accredited sources as NYPD Blue and LAW and ORDER. Even still I would have to question the validity of a law that allows a teacher to harm a student and not be held Liable. I would also question sanity of a parent who would let their child attend a school with that history. Now if it is the whole state and all its schools well then I could finally let a friend know that their state is not perfect
No, there is no such law. Remember that (generally speaking) the US Constitution restricts laws and laws themselves restrict rights. In any case a federal law wouldn’t trump a state constitution though the US constitution would.
Now the question is…is there a section of the US Constitution that guarantees a citizen the right to redress for grievances? Why, yes there sure is:
AMENDMENT I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
That seems pretty cut and dried to me so maybe I’m just missing something basic as well. Sovereign immunity says that a citizen may not petition the government (the courts) for redress (remuneration) against a particular government institution (the school system). How does sovereign immunity stand up against the first amendment?
Jim,
Your interpretation of the constituion is somewhat lacking. Amendment 1 says that congress shall make no law restricting the right of the people to petition the Goverment for a redress of grievances.
That means that any federal law restricting the right to sue the government is unconstitutional. It does not mean that a state law restricting the rights of the individual to sue the state government is unconstitutional. The states have the right to establish their own constitution and laws and the federal government has no jurisdiction to interfere.
Remember, the federal government was created for the purpose of protecting the citizens of the United States from external threats, and to regulate interstate commerce.
I’ll agree that sovereign immunity is not the greatest of ideas out there, but it’s a problem that should be dealt with at the state level. The federal constitution doesn’t override the state constitution. It’s the other way around. Of course, in today’s globalized society, most people have forgotten this and have come to believe that all problems should be solved at the highest levels of government. Next we’ll be asking the United Nations to determine what the speed limit should be for residential streets in Clarke County, GA. Sorry folks.. It just doesn’t work that way.
If we as Georgians want to overturn the idea of sovereign immunity, then we as Georgians must look to our Georgia state senators and state congressmen, and ask them to ammend the Georgia state constitution. They’re the only ones who can do it.
I’m going to refer my school dean to this site, and lat him see all the stupidity that is the school systems higher-ups.