07 LC 38
0347
Senate
Bill 297
By:
Senator Ramsey, Sr. of the 43rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 7 of Article 17 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to the termination, suspension, demotion, and
reprimand of teachers and other school personnel, so as to provide that local
units of administration adopt disciplinary procedures; to revise certain
definitions; to revise certain provisions relating to establishment and contents
of disciplinary policies; to revise certain provisions relating to supplemental
rules and policies authorized; to revise certain provisions relating to appeals
to the State Board of Education; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
7 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to the termination, suspension, demotion, and reprimand of
teachers and other school personnel, is amended by revising Code Section
20-2-940, relating to grounds and procedure for terminating or suspending
contract of employment, as follows:
"20-2-940.
(a)
Grounds for
termination or suspension. Except as
otherwise provided in this subsection, the contract of employment of a teacher,
principal, or other employee having a contract for a definite term may be
terminated or suspended for the following reasons:
(1)
Incompetency;
(2)
Insubordination;
(3)
Willful neglect of duties;
(4)
Immorality;
(5)
Inciting, encouraging, or counseling students to violate any valid state law,
municipal ordinance, or policy or rule of the local board of
education;
(6)
To reduce staff due to loss of students or cancellation of
programs;
(7)
Failure to secure and maintain necessary educational training; or
(8)
Any other good and sufficient cause.
A
teacher, principal, or other employee having a contract of employment for a
definite term shall not have such contract terminated or suspended for refusal
to alter a grade or grade report if the request to alter a grade or grade report
was made without good and sufficient cause.
(b)
Notice.
After an
investigatory period provided pursuant to subsection (g) of this Code section,
but before
Before
the discharge or
suspension,
without pay, of a teacher, principal, or
other employee having a contract of employment for a definite term, written
notice of the charges shall be given at least ten days before the date set for
hearing and shall state:
(1)
The cause or causes for his
or
her discharge, suspension, or demotion in
sufficient detail to enable him
or
her fairly to show any error that may
exist therein;
(2)
The names of the known witnesses and a concise summary of the evidence to be
used against him
or
her. The names of new witnesses shall be
given as soon as practicable;
(3)
The time and place where the hearing thereon will be held; and
(4)
That the charged teacher or other person, upon request, shall be furnished with
compulsory process or subpoena legally requiring the attendance of witnesses and
the production of documents and other papers as provided by law.
(c)
Service.
All notices required by this part relating to suspension from duty shall be
served either personally or by certified mail or statutory overnight
delivery,
return receipt requested. All notices
required by this part relating to demotion, termination,
or
nonrenewal of
contract,
or reprimand shall be served by certified
mail or statutory overnight
delivery,
return receipt requested. Service shall
be deemed to be perfected when the notice is deposited in the United States mail
addressed to the last known address of the addressee with sufficient postage
affixed to the envelope.
(d)
Counsel;
testimony. Any teacher, principal, or
other person against whom such charges listed in subsection (a) of this Code
section have been brought shall be entitled to be represented by counsel and,
upon request, shall be entitled to have subpoenas or other compulsory process
issued for attendance of witnesses and the production of documents and other
evidence. Such subpoenas and compulsory process shall be issued in the name of
the local board and shall be signed by the
chairman
chairperson
or
vice-chairman
vice-chairperson
of the local board. In all other respects, such subpoenas and other compulsory
process shall be subject to Part 1 of Article 2 of Chapter 10 of Title 24, as
now or hereafter amended.
(e)
Hearing.
(1)
The hearing shall be conducted before the local board, or the local board may
designate a tribunal
to consist
of not less than three nor more than five impartial persons possessing academic
expertise
of the board
to authorize an arbitrator possessing expertise in school employment
matters to conduct the hearing and submit
its
such
arbitrator´s findings and
recommendations to the local board for its decision thereon.
(2)
The hearing shall be reported at the local board´s expense. If the matter
is heard by a tribunal, the transcript shall be prepared at the expense of the
local board and an original and two copies shall be filed in the office of the
superintendent.
If the
hearing is before the local board, the transcript need not be typed unless an
appeal is taken to the State Board of Education, in which event typing of the
transcript shall be paid for by the
appellant. In the event of an appeal to
the state board, the original shall be transmitted to the state board as
required by its rules.
(3)
Oath or affirmation shall be administered to all witnesses by the
chairman
chairperson,
arbitrator,
any member of the local board, or by the
local board attorney. Such oath shall be as follows:
'You
do solemnly swear (or affirm) that the evidence shall be the truth, the whole
truth, and nothing but the truth. So help you God.'
(4)
All questions relating to admissibility of evidence or other legal matters shall
be decided by the
chairman
arbitrator or
chairperson
or
presiding officer, subject to the right of either party to appeal to the full
local board or hearing tribunal, as the case may be; provided, however, the
parties by agreement may stipulate that some disinterested member of the State
Bar of Georgia shall decide all questions of evidence and other legal issues
arising before the local board or
tribunal. In all hearings, the burden of
proof shall be on the school system, and it shall have the right to open and to
conclude. Except as otherwise provided in this subsection, the same rules
governing nonjury trials in the superior court shall prevail.
(f)
Decision;
appeals. The local board shall render its
decision at the hearing or within
five
ten
business days thereafter.
Where the
hearing is before a tribunal, the tribunal
Where the
finding is determined by a tribunal conducted by an arbitrator, the
arbitrator
shall file
its
findings and recommendations with the local board within five days of
the
publication of the findings and
recommendations
the
conclusion of the hearing, and the local
board shall render its decision thereon within ten days after the receipt of the
transcript. Appeals may be taken to the state board in accordance with Code
Section 20-2-1160, as now or hereafter amended, and the rules and regulations of
the state board governing appeals.
(g)
Superintendent´s
power to relieve from duty temporarily.
The superintendent of a local school system may
place on
administrative leave, for investigative purposes,
and temporarily relieve from duty any
teacher, principal, or other employee having a contract for a definite term for
any reason specified in subsection (a) of this Code section, pending hearing by
the local board in those cases where the charges are of such seriousness or
other circumstances exist which indicate that such teacher or employee could not
be permitted to continue to perform his
or
her duties pending hearing without danger
of disruption or other serious harm to the school, its mission, pupils, or
personnel. In any such case, the superintendent shall
have five
business days to notify the teacher or
employee in writing of such action, which notice shall state the grounds thereof
and shall otherwise comply with the requirements of the notice set forth in
subsection (b) of this Code section. Such action by the superintendent shall not
extend for a period in excess of ten working days,
at which
time
and during
such period it shall be the duty of the
local board to conduct a hearing on the charges in the same manner provided for
in subsections (e) and (f) of this Code section, except that notice of the time
and place of hearing shall be given at least three days prior to the hearing.
During the period that the teacher or other employee is relieved from duty prior
to the decision of the local board, the teacher or employee shall be paid all
sums to which he
or
she is otherwise entitled. If the hearing
is delayed after the ten-day period as set out in this subsection at the request
of the teacher or employee, then the teacher or employee shall not be paid
beyond the ten-day
period. If
the teacher
unless
he is reinstated by the local board,
in which
case he
or
she shall receive all compensation to
which he or
she is otherwise entitled.
Nothing in
this Code section shall prohibit all parties from mutually agreeing to extend
the time period for the hearing or arbitration.
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.