Bill Text: GA SB491 | 2011-2012 | Regular Session | Introduced

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Bill Title: Education; provide for certain notices for disciplinary or evaluation proceedings or conferences

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-02-29 - Senate Committee Unfavorably Reported [SB491 Detail]

Download: Georgia-2011-SB491-Introduced.html

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12 LC 28 6154ER

Senate Bill 491

By: Senator Hill of the 32nd

A BILL TO BE ENTITLED
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 provide for certain notices for disciplinary or evaluation proceedings or conferences; to provide that the person shall have the right to be accompanied at the proceeding or conference by a nonattorney representative; to provide that the person shall have the right to record the proceeding or conference; to provide a definition; 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 subsection (a) of Code Section 20-2-210, relating to annual performance evaluation, as follows:

"(a) All personnel employed by local units of administration, including school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential. In the case of local school superintendents, such evaluations shall be performed by the local board of education. Certificated professional personnel who have deficiencies and other needs shall have professional development plans designed to mitigate such deficiencies and other needs as may have been identified during the evaluation process. Progress relative to completing the annual professional development plan shall be assessed during the annual evaluation process. Certificated personnel shall be provided at least two business days' notice of any disciplinary proceeding or disciplinary conference except in extraordinary circumstances which make such notice impossible or impractical and which shall be documented in writing, shall be permitted to be accompanied by a nonattorney representative of the person's choosing, and shall be permitted to record the proceeding or conference. As used in this Code section, a 'disciplinary proceeding' or 'disciplinary conference' is a meeting with a supervisor or human resources representative regarding suspension, termination, or placement on a professional development plan or an investigation under the state code of ethics. The state board shall develop a model annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. The local units of administration are authorized to use the models developed by the State Board of Education."

SECTION 2.

Said chapter is further amended by revising subsection (e) of Code Section 20-2-940, relating to grounds and procedure for terminating or suspending contract of employment, by adding a new paragraph to read as follows:

"(5) In addition to or in lieu of counsel as provided in subsection (d) of this Code section, a teacher, principal, or other employee having a contract of employment for a definite term may be accompanied by a nonattorney representative of the person's choosing and shall be permitted to record the hearing."

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.