What reciprocity of 'tenure' is there in GA?
Full Question:
If a teacher taught for 5 years in Texas and moved to GA, would the teacher have 'tenure' in GA after being offered 2 contracts? An additional question: What reciprocity of 'tenure' is there in GA (which states, what requirements, etc.)?
02/25/2009 |
Category: Education |
State: Georgia |
#15360
Answer:
Teachers in Georgia don't have tenure, but rather, certain due process protection against dismissal. Under the Fair Dismissal Act, O.C.G.A. § 20-2-940 et seq., teachers who have worked for more than the required years have a right to a hearing to determine if their contract was not renewed , or they have been dismissed, because of a statutorily authorized reason . A reduction in force is one of the authorized reasons. O. C. G.A. §20-2-940(a)(6). The time periods required for a teacher to gain protection under the Fair Dismissal Act need to generally be with the same local school board. "Local board of education" or "local board" is defined as "a county or independent board of education, a board of education of an area school system, or any agent with the authority to act on behalf of any such board." A teacher is defined as "any professional school employee certificated by the Professional Standards Commission", which is a state of Georgia entity that may license an out-of-state educator.
I suggest contacting the local school board, as policies may vary by local board. See also:
http://www.doe.k12.ga.us/askdoe.aspxThe following are GA statutes:
20-2-942. (a) As used in this Code section, the term:
(a) As used in this Code section, the term:
(1) "Local board of education" or "local board" means a county or
independent board of education, a board of education of an area school
system, or any agent with the authority to act on behalf of any such
board.
(1.1) "School administrator" means any professional school employee
certificated by the Professional Standards Commission who is required
to hold a leadership certificate and is assigned to a leadership
position pursuant to rules of the State Board of Education, Department
of Education, Professional Standards Commission, or requirements of
local policy or job description.
(2) "School year" means a period of at least 180 school days beginning
in or about September and ending in or about June.
(3) "School year contract" means a contract of full-time employment
between a teacher and a local board of education covering a full
school year. A contract of employment for a portion of a school year
shall not be counted as a school year contract, nor shall contracts of
employment for portions of a school year be cumulated and treated as a
school year contract. A contract of employment for any time outside a
school year shall not be counted as a school year contract, nor shall
contracts of employment for time outside a school year be cumulated
and treated as a school year contract. A school year contract is
deemed included within a contract of full-time employment between a
teacher and a local board of education covering a full calendar or
fiscal year.
(4) "Teacher" means any professional school employee certificated by
the Professional Standards Commission, but not including school
administrators.
(b)(1) A teacher who accepts a school year contract for the fourth
consecutive school year from the same local board of education may be
demoted or the teacher's contract may not be renewed only for those
reasons set forth in subsection (a) of Code Section 20-2-940.
(2) In order to demote or fail to renew the contract of a teacher who
accepts a school year contract for the fourth or subsequent consecutive
school year from the same local board of education, the teacher must be
given written notice of the intention to demote or not renew the contract
of the teacher. Such notice shall be given by certified mail or statutory
overnight delivery as provided in subsection (c) of Code Section 20-2-940.
Such notice shall contain a conspicuous statement in substantially the
following form:
You have the right to certain procedural safeguards before you can be
demoted or dismissed. These safeguards include the right to notice of the
reasons for the action against you and the right to a hearing. If you
desire these rights you must send to the school superintendent by
certified mail or statutory overnight delivery a statement that you wish
to have a hearing; and such statement must be mailed to the school
superintendent within 20 days after this notice was mailed to you. Your
rights are governed by subsection (b) of Code Section 20-2-211, Code
Section 20-2-940, and Code Sections 20-2-942 through 20-2-947, and a copy
of this law is enclosed.
A copy of subsection (b) of Code Section 20-2-211, Code Section 20-2-940,
this Code section, and Code Sections 20-2-943 through 20-2-947 shall be
enclosed with the notice. A teacher who is so notified that he or she is
to be demoted or that his or her contract will not be renewed has the
right to the procedures set forth in subsections (b) through (f) of Code
Section 20-2-940 before the intended action is taken. A teacher who has
the right to these procedures must serve written notice on the
superintendent of the local board employing the teacher within 20 days of
the day the notice of the intended action is served that he or she
requests a hearing. In order to be effective, such written notice that
the teacher requests implementation of such procedures must be served by
certified mail or statutory overnight delivery as provided in subsection
(c) of Code Section 20-2-940. Within 14 days of service of the request to
implement the procedures, the local board must furnish the teacher a
notice that complies with the requirements of subsection (b) of Code
Section 20-2-940.
(3) A teacher is deemed to have accepted a fourth consecutive school
year contract if, while the teacher is serving under the third
consecutive school year contract, the local board does not serve notice
on the teacher by April 15 that it intends not to renew the teacher's
contract for the ensuing school year, and the teacher does not serve
notice in writing on the local board of education by May 1 of the third
consecutive school year that he or she does not accept the fourth
consecutive school year contract.
(4) A teacher who has satisfied the conditions set forth in paragraph
(1) of this subsection who is subsequently employed by another local
board of education and who accepts a second consecutive school year
contract from the local board at which the teacher is subsequently
employed may be demoted or the teacher's contract may not be renewed only
for those reasons set forth in subsection (a) of Code Section 20-2-940.
The provisions set forth in paragraph (2) of this subsection shall
likewise apply to such a teacher.
(5) A teacher is deemed to have accepted a second consecutive school
year contract if, while the teacher is serving under the first school
year contract, the local board does not serve notice on the teacher by
April 15 that it intends not to renew the teacher's contract for the
ensuing school year, and the teacher does not serve notice in writing on
the local board of education by May 1 of the first school year that he or
she does not accept the second consecutive school year contract.
(6) Local boards shall make contract offers available to teachers for
a minimum ten-day review period. A teacher accepts the contract by
signing and returning it any time during the ten-day period.
(7)(A) Professional certificated personnel employed by a county or
independent local school system that becomes consolidated with or merged
into another county or independent local school system as provided in
Article 8 of this chapter or otherwise shall retain their employment,
except as provided in subparagraph (B) of this paragraph, in the newly
created, or surviving, school system. Said professional certificated
personnel shall retain and carry over all the rights already accrued and
earned in the professional certificated personnel's prior school system
and as set forth in this paragraph.
(B) Any reductions in staff due to loss of students or cancellation of
programs in the newly created, or surviving, school system necessitated by
the consolidation or merger shall be made first in preference of
retaining professional certificated personnel on the basis of uniformly
applied criteria set forth in local school board policies of the newly
created, or surviving, school system.
(c)(1) A person who first becomes a school administrator on or after
April 7, 1995, shall not acquire any rights under this Code section to
continued employment with respect to any position of school
administrator. A school administrator who had acquired any rights to
continued employment under this Code section prior to April 7, 1995,
shall retain such rights:
(A) In that administrative position which such administrator held
immediately prior to such date; and
(B) In any other administrative position to which such administrator
has been involuntarily transferred or assigned, and only in such
positions shall such administrator be deemed to be a teacher for the
purpose of retaining those rights to continued employment in such
administrative positions.
(2) A teacher who had acquired any rights to continued employment
under this Code section prior to April 7, 1995, and who is or becomes
a school administrator without any break in employment with the local
board for which the person had been a teacher shall retain those
rights under this Code section to continued employment in the position
as teacher with such local board.
(2.1) A local board of education may enter into an employment contract
with a school administrator for a term not to exceed three years.
During the term of any such contract, that school administrator may
not be demoted except as provided in the other subsections of this
Code section and may not be terminated or suspended except as provided
in Code Section 20-2-940, but the school administrator shall have no
right to renewal of such contract. The rights provided under such
contracts by this paragraph shall be in addition to any rights which a
school administrator may otherwise have under the other provisions of
this subsection.
(3) Nothing in this subsection shall affect positions which, prior to
April 7, 1995, had no rights to continued employment under this Code
section, including coach, athletic director, finance officer,
comptroller, business manager, nurse, department head or chairperson, and
similar positions. Nothing in this subsection shall impair the rights of
teachers or school administrators with respect to their employment under
annual contracts, including but not limited to those rights under Code
Section 20-2-940.
(4) Notwithstanding the other provisions of this subsection, a local
board of education may, as part of its personnel policies, adopt or
modify a tenure policy which may include the same policies and procedures
for the nonrenewal of contracts for any class or category of school
administrators that exist for the nonrenewal of contracts for teachers as
set forth in this Code section. Before any adoption or modification of a
tenure policy, the local board shall hold a public hearing after at least
30 days' notice published in the local legal organ.
(d) A person who first became a teacher on or after July 1, 2000,
shall acquire rights under this Code section to continued employment
as a teacher. A teacher who had acquired any rights to continued
employment under this Code section prior to July 1, 2000, shall retain
such rights.
20-2-940. (a) Grounds for termination or suspension. Except as otherwise
provided....
(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 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.
