08 LC 29
3169ER
House
Bill 1174
By:
Representatives Willard of the
49th,
Coleman of the
97th,
Jones of the
46th,
Casas of the
103rd,
Porter of the
143rd,
and others
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 termination, suspension, nonrenewal, demotion, or
reprimand of teachers or other school personnel, so as to change provisions
relating to the hearing in the procedure for terminating or suspending a
contract of employment; to provide for the recovery of attorney´s fees and
expenses of litigation; 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 termination, suspension, nonrenewal, demotion, or
reprimand of teachers or 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.
Before the discharge or suspension 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 discharge, suspension, or demotion in sufficient
detail to enable him 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. 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.
All notices required by this part relating to demotion, termination, nonrenewal
of contract, or reprimand shall be served by certified mail or statutory
overnight delivery. 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 or vice-chairman 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
chosen from a
school district other than the district of the local board district and who
possess academic expertise to conduct the
hearing and submit its 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, 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 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 days thereafter. Where the hearing is
before a tribunal, the tribunal shall file its findings and recommendations with
the local board within five days of 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 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 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 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, 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 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 unless he is reinstated by the local board, in
which case he shall receive all compensation to which he is otherwise
entitled.
(h)
Attorney´s
fees. If the
teacher, principal, or other employee prevails in the decision at the hearing
and at the subsequent appeal, then such person shall be entitled to recover
reasonable attorney´s fees and expenses of
litigation."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.