SB 296 - Teacher - false certificate, license cause for termination

Georgia Senate - 1995/1996 Sessions

SB 296 - Teacher - false certificate, license cause for termination

Page Numbers - 1/ 2/ 3
Code Sections - 20-2-810/ 20-2-811
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1. Ragan  11th

Senate Comm: Ed / House Comm: Ed / Senate Vote: Yeas 48 Nays 0 --------------------------------------------- Senate Action House --------------------------------------------- 2/6/95 Read 1st time 3/7/95 3/1/95 Favorably Reported 2/6/96* 3/6/95 Read 2nd Time 3/8/95 Committed 3/17/95 3/7/95 Read 3rd Time 3/7/95 Passed/Adopted FA Comm/Floor Amend/Sub --------------------------------------------- Code Sections amended: 20-2-796, 20-2-797, 20-2-810, 20-2-811, 20-2-988
SB 29695 LC 25 0045 SENATE BILL 296 By: Senator Ragan of the 11th A BILL TO BE ENTITLED AN ACT 1- 1 To amend Article 17 of Chapter 2 of Title 20 of the Official 1- 2 Code of Georgia Annotated, relating to teachers and other 1- 3 school personnel, so as to provide for definitions of 1- 4 certain terms; to prohibit the creation, use, or procurement 1- 5 of a false and fraudulent certificate, license, permit, 1- 6 credential, or other document with intent to deceive; to 1- 7 provide that the same is good and sufficient cause for 1- 8 termination, suspension, or nonrenewal of a contract of 1- 9 employment; to provide that the creation, use, or 1-10 procurement, with intent to deceive, of a false and 1-11 fraudulent certificate, license, permit, credential, or 1-12 other document shall be a felony; to provide for criminal 1-13 penalties; to provide that the Professional Practices 1-14 Commission shall have authority to investigate allegations 1-15 concerning false and fraudulent certificates, licenses, 1-16 permits, credentials, or other documents; to provide for 1-17 relaying investigative reports to law enforcement agencies 1-18 and district attorneys; to provide that the Professional 1-19 Standards Commission shall maintain records of, and report 1-20 to appropriate authorities, those persons who have created, 1-21 used, or procured false and fraudulent certificates, 1-22 licenses, permits, credentials, or other documents with 1-23 intent to deceive; to repeal conflicting laws; and for other 1-24 purposes. 1-25 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-26 Article 17 of Chapter 2 of Title 20 of the Official Code of 1-27 Georgia Annotated, relating to teachers and other school 1-28 personnel, is amended by striking "or" at the end of 1-29 paragraph (3), by substituting "; or" for the period at the 1-30 end of paragraph (4), and by adding after paragraph (4) of 1-31 subsection (a) of Code Section 20-2-796, relating to 1-32 investigations by the Professional Practices Commission, a 1-33 new paragraph (5) to read as follows: S. B. 296 -1- (Index) LC 25 0045 2- 1 "(5) Alleged violations by any person of Code Section 2- 2 20-2-811." SECTION 2. 2- 3 Said article is further amended by adding after subsection 2- 4 (b) of Code Section 20-2-797, relating to recommendations of 2- 5 the Professional Practices Commission, a new subsection (c) 2- 6 to read as follows: 2- 7 "(c) Upon completion of a commission investigation of an 2- 8 alleged violation by any person of Code Section 20-2-811, 2- 9 the executive director may submit the investigative report 2-10 to an appropriate law enforcement agency or district 2-11 attorney for purposes of an independent investigation or 2-12 decision whether to prosecute." SECTION 3. 2-13 Said article is further amended by striking in its entirety 2-14 Part 2 and inserting in its place a new Part 2 to read as 2-15 follows: "Part 2 2-16 "20-2-810. (Index) 2-17 As used in this part, the terms 'commission,' 'local 2-18 board,' 'local school system,' and 'local superintendent' 2-19 shall have the same meanings as provided by Code Section 2-20 20-2-792 Reserved. 2-21 20-2-811. (Index) 2-22 Whoever, with intent to defraud the state or any local 2-23 school system, local board, local superintendent, county, 2-24 town, or city or any person, shall falsely and 2-25 fraudulently make, forge, alter, or counterfeit or cause 2-26 or procure to be falsely and fraudulently made, forged, 2-27 altered, or counterfeited or shall willingly aid or assist 2-28 in falsely and fraudulently making, forging, altering, or 2-29 counterfeiting any certificate, or license, permit, 2-30 credential, or other document issued or purportedly issued 2-31 by any county school superintendent or the executive 2-32 officer of any local school board to a teacher or other 2-33 professional educator by the Professional Standards 2-34 Commission or by any other state's certificating or 2-35 licensing authority shall be guilty of a violation of this 2-36 part, and such violation shall constitute good and 2-37 sufficient cause for termination or suspension of an 2-38 employment contract pursuant to Code Section 20-2-940 or S. B. 296 -2- (Index) LC 25 0045 3- 1 nonrenewal of an employment contract pursuant to Code 3- 2 Section 20-2-942. Such violation shall be also a felony 3- 3 and, upon conviction, shall be punished as prescribed by 3- 4 Code Sections 16-9-1 and 16-9-2." SECTION 4. 3- 5 Said article is further amended by adding after subsection 3- 6 (d) of Code Section 20-2-988, relating to the Professional 3- 7 Standards Commission, a new subsection (e) to read as 3- 8 follows: 3- 9 "(e)(1) The commission shall maintain records of those 3-10 persons who have been determined, pursuant to findings 3-11 and conclusions issued in accordance with Code Section 3-12 20-2-797 or upon criminal conviction, to have violated 3-13 Code Section 20-2-811. 3-14 (2) In any case provided for by paragraph (1) of this 3-15 subsection, where the conclusion or conviction is based 3-16 upon a fraudulent certificate, license, permit, 3-17 credential, or other document issued or purportedly 3-18 issued by another state's certificating or licensing 3-19 authority, the commission shall have authority to notify 3-20 that other state's certificating or licensing authority 3-21 of the conclusion or conviction. 3-22 (3) The commission shall request the Professional 3-23 Practices Commission to investigate and make 3-24 recommendations regarding any application made to the 3-25 commission for a valid professional certificate by any 3-26 person regarding whom a record has been maintained by 3-27 the commission pursuant to paragraph (1) of this 3-28 subsection." SECTION 5. 3-29 All laws and parts of laws in conflict with this Act are 3-30 repealed. S. B. 296 -3- (Index)

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Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97