Bill Text: GA SB153 | 2011-2012 | Regular Session | Introduced
Bill Title: Education; professional development plans for personnel who have deficiencies; provide certain requirements and rights
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2012-07-01 - Effective Date [SB153 Detail]
Download: Georgia-2011-SB153-Introduced.html
12 SB153/AP
Senate
Bill 153
By:
Senators Rogers of the 21st and Hill of the 32nd
AS
PASSED
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to elementary and secondary education, so as to revise certain provisions
relating to termination or suspension of a contract of employment; to provide
certain requirements for furlough days; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary
and secondary education, 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
administrator,
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
and due to no
fault or performance issue of the teacher, administrator, or other employee. In
the event that a teacher, administrator, or other employee is terminated or
suspended pursuant to this paragraph, the local unit of administration shall
specify in writing to such teacher, administrator, or other employee that the
termination or suspension is due to no fault or performance issues of such
teacher, administrator, or other
employee;
(7)
Failure to secure and maintain necessary educational training; or
(8)
Any other good and sufficient cause.
A
teacher,
principal
administrator,
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
administrator,
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.
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
administrator,
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 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
chairperson,
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
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,
that
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
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 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
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 unless he
or
she is reinstated by the local board, in
which case he
or
she shall receive all compensation to
which he or
she is otherwise
entitled."
SECTION
1A.
Said
chapter is further amended by adding a new Code section to Subpart 2 of Part 6
of Article 6, relating to conditions of employment, to read as
follows:
"20-2-221.
In
the event that a local school system furloughs teachers and other school
personnel during any school year, such furlough day shall be on a Monday or
Friday or in conjunction with a holiday, unless the local board of education
provides otherwise."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.