Chapter 506-3 PROCEDURES
| (1) |
General. As a part of its
duty to adopt a code of ethics for teachers which represents the standards of
conduct generally accepted by teachers in this State, the Commission issues
opinions on the application of the code to specific situations. Any citizen of
this State may request such an opinion. Requests by teachers (including
administrators at all levels) and members of the General Assembly will be
responded to with official opinions of the Commission. These official opinions
will be researched and drafted by the staff of the Commission and will have the
approval of the Commission. The Commission views official opinions to be
binding on it. Requests by all others will be responded to with unofficial
opinions of the Commission. The unofficial opinions will be researched and
drafted by the staff of the Commission and will have the approval of the
Executive Director. The Commission does not view unofficial opinions as binding
on it. Both the Commission and the Executive Director may issue official or
unofficial opinions on their own without request. |
| (2) |
Content of the Request. A
person seeking an opinion shall send a letter or other written communication
clearly entitled "Request for Opinion" to the Executive Director of the
Commission, Building 20, Suite 2010, Executive Park West, N.E., Atlanta,
Georgia 30329, providing the following: the name, address, and capacity
(teacher, member of the General Assembly, or citizen) of the person requesting
the opinion; a concise statement of the facts giving rise to the requests; a
statement of the names, addresses, and phone numbers of the persons who may
provide additional information; a statement of whether the facts giving rise to
the request are the subject of any disciplinary action, complaint, lawsuit,
administrative case, or other contested action in any tribunal and a
description of such action; and the signature of the person requesting the
opinion. |
| (3) |
Requests for
Opinions Not Treated as Complaints. This opinion procedure is not in any
way to be constructed as a complaint process. It is anticipated that opinions
will be requested before the questioned action is taken so that the Commission
may provide guidance. |
| (4) |
Publication. All opinions will be published. |
| (1) |
Procedures for Suspension or Revocation
of Certificates.
| (a) |
Investigation.
| 1. |
General. Upon receipt of
information from the State Board, the Professional Standards Commission, the
State Superintendent, the State Department, or Local Board, a local
superintendent, any certified educator, or any individual resident of this
State, who has cause to believe that a holder of a Georgia Educator Certificate
has committed any offense for which the penalty is suspension or revocation of
a certificate as provided in paragraph (3) below, the Commission shall conduct
an investigation into the matter for the purpose of determining whether
probable cause exists to believe that the educator has committed an act which
warrants suspension or revocation proceedings to be instituted. |
| 2. |
Report. Such investigation
ordered by the Executive Director shall yield a written report to be submitted
to the Executive Committee for probable cause determination. |
| 3. |
Probable Cause. If no
probable cause is found, the Executive Director shall advise the person
requesting the investigation or providing information of such findings. No
further proceedings shall be had in the matter and the case shall be closed. If
the Executive Committee finds probable cause, the Executive Director shall
direct the filing of a Petition for Revocation or Suspension of Educator
Certificate. |
|
| (b) |
Petition.
| 1. |
Contents. Upon the
finding of probable cause, the Executive Director shall file a formal Petition
for a suspension or revocation of the certificate with the Commission. The
Chairperson of the Commission shall be named Petitioner, and the certificate
holder shall be named Respondent throughout the proceedings. The Petition for
suspension or revocation of the certificate shall set forth the name and last
known address of the educator charged, certificate number held by such
educator, the particular act or acts of conduct or performance for which the
certificate is sought to be suspended or revoked, and the Petition shall
further contain a prayer specifying relief sought by the Petitioner. |
| 2. |
Service of the Petition and Other
Papers. The Petition may be served on the Respondent personally by a
process server appointed by the Commission or by Certified Mail, return receipt
requested with delivery limited to the addressee only. Service is deemed
perfected upon the date of personal service, proof of which shall be filed by
the process server with the Commission, or upon the date of personal service,
proof of which shall be the receipt returned to the Commission. Service of all
other papers after service of the Petition may be made by first class mail
addressed to the last known address of the Respondent or to his/her attorney
with sufficient postage affixed thereto. Service of all other papers is deemed
perfected on the date of mailing. |
| 3. |
Transmittal Letter. The
Petition shall be accompanied by a letter of transmittal to include
notification that: the Respondent may answer the Petition, which Answer may
include all defenses and pleadings by the Respondent and must include a request
for hearing, if so desired. In the alternative, the Respondent may request that
he/she be permitted to surrender his/her certificate by filing a Declaration of
Request to Surrender. The request shall be presented to the Professional
Standards Commission with the recommendation of the Commission. The Answer or
Declaration of Request to Surrender must be filed with the Commission on or
before 20 days following the date of service of the Petition on the Respondent.
If no Answer or Declaration of Surrender of Educator Certificate is filed with
the Commission within the specified time, the Respondent shall be deemed to
have admitted the allegations of the Petition. In such event, the Petition will
be placed on the Professional Standards Commission agenda for final
action. |
|
| (c) |
Hearing.
| 1. |
General. If a timely request
for a hearing is received, the Executive Director or the Commission shall set
the time and place for the hearing and shall notify the parties by formal
Notice of Hearing accordingly. Notice of Hearing shall be served 20 days prior
to the time set forth for the hearing. A Petition or Answer may be amended up
to 14 days prior to the hearing. After such time any amendment may be made only
with permission from the hearing officer when justice requires. The Petitioner
shall prosecute the matter before a hearing tribunal constituted by three
members of the Commission, none of whom has participated in nor was an informed
party in any preliminary investigation or proceeding in the matter. The
Petitioner shall retain an attorney from the staff of the Attorney General's
office to represent him/her before the tribunal. The Commission shall appoint a
disinterested member of the State Bar of Georgia to serve as hearing officer
for the tribunal. The hearing will be conducted in all respects consistent with
the requirements of the Georgia Administrative Procedure Act. |
| 2. |
Notice of Hearing. The Notice
of Hearing shall contain:
| (i) |
Time and
Location. Time, place, and nature of the proceeding; |
| (ii) |
Jurisdiction. The legal
authorization and jurisdiction under which the hearing is to be held; |
| (iii) |
Legal Citations. A
reference to the particular section of the statutes and policies, rules, or
regulations involved; |
| (iv) |
Statement of the Case. A short and plain statement of the matters
asserted; |
| (v) |
Subpoenas. A statement as to the right of any party to subpoena
witnesses and documentary evidence through the Commission. |
|
| 3. |
Venue. The hearing shall be
held in the school district in which the Respondent was employed at the time
the alleged offense(s) occurred, or, in the alternative, in Atlanta, Georgia,
as the official headquarters of the Commission. Change of venue may be
requested for cause and will be so ordered if both parties concur or if deemed
necessary by the hearing tribunal upon advice of the hearing officer. |
| 4. |
Nature and Style of Hearing.
| (i) |
Contested Case. The hearing
for suspension or revocation of certificate shall be adversary in character and
shall constitute a contested case. |
| (ii) |
Discovery. Discovery shall
not be available to the parties. |
| (iii) |
Evidence. Evidence shall
be submitted and ruled upon according to the provisions set forth in the
Georgia Administrative Procedure Act. |
| (iv) |
Record. All proceedings
shall be recorded by stenographic or electronic device and made part of the
record. |
|
| 5. |
Conduct of
Hearing.
| (i) |
Presiding Officer.
The hearing shall be conducted by the chairperson of the hearing tribunal. The
chairperson shall have authority to administer oaths and affirmations, to
regulate the course of the hearing, to set the time and place for continued
hearings, to fix the time for filing briefs and memoranda, and to reprimand or
exclude from the hearing any person for any improper conduct committed in the
presence of the hearing tribunal. |
| (ii) |
Hearing Officer. The
hearing officer shall have the authority to administer oaths and affirmations
if so directed by the presiding officer and to rule on all matters of law,
including but not limited to disposition of motions, objections, and other
matters concerning the conduct of the proceedings. |
| (iii) |
Testimony. All testimony
given at the hearing shall be under oath. |
| (iv) |
Order of Presentation. The
Petitioner shall present its evidence or testimony first, after which the
Respondent shall be entitled to present his/her evidence or testimony. The
opposing party shall be entitled to cross-examine any witness. Either party
shall be entitled to present rebuttal testimony or evidence. |
| (v) |
Burden of Persuasion and the Burden
of Producing Evidence. The burden of persuasion shall be that of the
Petitioner by a preponderance of the credible evidence. The burden of producing
evidence initially shall be that of the Petitioner to establish the ground(s)
for revocation or suspension. Thereafter the burden shall shift to the
Respondent to show why the certificate should not be provoked or suspended,
even if the purported ground(s) is (are) establish. |
| (vi) |
Oral Presentations. Either
party may be allowed to make opening statements and closing
arguments. |
|
|
| (d) |
Decision.
| 1. |
Report of the Tribunal. After
conclusion of the hearing, the hearing tribunal shall make a report to the
Professional Standards Commission for action through the Executive Director.
Said report shall be part of the record and shall be served on all parties in
the matter. The report shall include findings of fact as to each charge
enumerated in the Petition, conclusions of law, and recommendations as to
whether the Respondent's certificate should be suspended or revoked, and as to
the period of time to be applied. |
| 2. |
Exceptions. Within 30 days
after service of the report, the party may file with the Commission exceptions
to said report which will become part of the record and will be submitted to
the Professional Standards Commission for consideration and final action. Such
proceedings before the Professional Standards Commission shall be conducted
pursuant to Professional Standards Commission rules. |
|
|
| (2) |
Procedures for Denial of
Certificates.
| (a) |
Investigation.
| 1. |
General. Upon receipt of
information from the Professional Standards Commission, the State Board, the
State Superintendent, the State Department, a Local Board, a local
superintendent, any certified educator, or any individual resident of this
State, who has cause to believe that an applicant for a Georgia Educator
Certificate has committed any offense for which the penalty is denial of a
certificate as provided in subparagraph (3), below, the Commission shall
conduct an investigation into the matter for the purpose of determining whether
the application for teaching certificate should be denied. |
| 2. |
Report. Such investigation
shall yield a recommendation that the application be denied or that a
certificate be issued. In that event the recommendation is that the application
be denied, the following procedures shall be applied: |
|
| (b) |
Notification. The Executive
Director shall serve notice on the applicant in the manner of service of a
Petition of the decision to recommend denial; of the reason(s) on which the
decision is based; of the applicant's right to contest the decision by
requesting a hearing, which request must be in writing and must be filed within
10 days following service of the notice of proposed denial; that failure to
contest denial within the prescribed time will result in the forwarding of the
recommendation to the Professional Standards Commission for final
action. |
| (c) |
Hearing.
If a timely request for a hearing is received, the Executive Director shall set
the time and place of the hearing and shall notify the parties by Notice of
Hearing accordingly. Notice of Hearing shall be served 20 days prior to the
time set forth for the Hearing. A Petition or Answer may be amended up to 14
days prior to the hearing. After such time any amendment may be made only with
permission from the hearing officer when justice requires. The hearing shall be
conducted in accordance with the procedures governing hearings for suspension
and revocation of certificates with the exception of venue and burden of
producing evidence. As to venue, the hearing shall be held in Atlanta, Georgia,
as the official headquarters of the Commission, or, in the alternative, any
site that is mutually agreed upon by the parties. As to burden of producing
evidence, the burden of producing evidence establishing the ground(s) for
denial shall be the Petitioners'. Thereafter, the burden shall shift to the
Respondent to show why the certificate should be granted, even if the purported
ground(s) is (are) established. |
| (d) |
Decision.
| 1. |
Report of the
Tribunal. After the conclusion of the hearing, the hearing tribunal
shall make a report through the Executive Director to the Professional
Standards Commission for action. Said report shall be a part of the record and
shall be served on all parties in the matter. The report shall include findings
of fact as to each reason for proposed denial, conclusions of law, and
recommendations as to whether the Respondent's certificate should be
denied. |
| 2. |
Exceptions.
Within 30 days after service of the report, the party may file with the
Commission exceptions to said report, which will become part of the record and
will be submitted to the Professional Standards Commission for consideration
and final action. Such proceedings conducted by the Professional Standards
Commission shall be conducted pursuant to the Professional Standards Commission
rules. |
| 3. |
Grounds for
Revocation, Suspension and Denial. The following constitute grounds for
revocation, suspension, or denial of a certificate.
| (a) |
Fraud. Obtaining or
attempting to obtain a teacher certificate by fraudulent means or through
misrepresentation of material facts. |
| (b) |
Incapacity. Physical, mental
or emotional incapacity or unfitness. |
| (c) |
Moral Turpitude. Commission
of an act constituting moral turpitude. |
| (d) |
Felony or Misdemeanor.
Conviction, plea of guilty, or a plea of nolo contendere for violation of a law
punishable as a felony or misdemeanor, other than a minor traffic
violation. |
| (e) |
Incompetency. Incompetency to discharge assigned duties in the
area or areas for which the educator is certified. |
| (f) |
Violation of Ethics. Violation of Code of
Professional Ethics for Educators. |
| (g) |
Revocation in Another State.
Revocation of a teaching certificate in another state on grounds consistent
with those specified in this subparagraph. |
| (h) |
Personal Misconduct.
Personal conduct which seriously reduces the certificate holder's effectiveness
in his/her employment position or which is detrimental to the health, welfare,
discipline, or morals of pupils. |
| (i) |
Breach of Contract. Breach
of contract of employment by abandonment of the work assignment without first
being released from the contract of employment by a Local Board; however, the
suspension for such abandonment shall not exceed one year for the first offense
commencing on the day the order of the Professional Standards Commission is
entered into record. |
| (j) |
Other Good Cause. Any other good and sufficient cause. |
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| (4) |
Reapplication After Initial Certificate Denial. In the event an
application for a certificate has been denial on grounds which a certificate
may be revoked or suspended, any subsequent application for a certificate shall
not be filed earlier than two years from the date of the initial denial. On
appeal, the Commission may exercise discretion on a case-by-case basis in
considering the time to reapply after the initial denial. |
| (5) |
Reinstatement After
Suspension. Any person whose certificate has been suspended may petition
for early reinstatement of a suspended certificate or for early renewal of an
expired certificate by submitting competent evidence to the Commission that the
reason or reasons for the suspension have ceased to be a factor in the
performance or conduct of the educator seeking reinstatement. The Commission
shall make a recommendation regarding reinstatement to the Professional
Standards Commission. |
| (6) |
Reapplication After Revocation. Any person whose certificate has
been revoked may petition for the right to apply for a new certificate by
submitting competent evidence to the Commission that the reason or reasons for
the revocation have ceased to be a factor in the performance or conduct of the
educator seeking a new certificate. The Commission shall make a recommendation
regarding such application to the Professional Standards Commission. A period
of three years shall have elapsed from the date of the certificate revocation
before a petition to apply for a new certificate shall be considered by the
Commission. If such initial petition to apply for a new certificate is denied,
any subsequent petition to apply for a new certificate shall not be filed
earlier than two years from the date of the previous denial order. The
Commission reserves the discretion to consider the time to apply after the
initial three-year waiting period on a case-by-case basis. |
| (1) |
General. When serving as a tribunal on behalf of a Local Board
hearing a matter involving the termination or nonrenewal of a contract of
employment or demotion of a teacher, principal, or other employee having a
contract for a definite term, the Commission will follow the rules and
procedures utilized by such Local Board for such hearings. The Georgia
Administrative Procedure Act shall not apply. |
| (2) |
Grounds for Termination or
Suspension. The contract of employment of a teacher, principal or other
employee having a contract for a definite term may be nonrenewed, terminated or
suspended for the following reasons: Incompetency; Willful neglect of duties;
Immorality; Inciting, Encouraging or counseling students to violate any valid
state law, municipal ordinance, or policy or rule of the Local Board: To reduce
staff due to loss of students or cancellation of programs; Failure to secure
and maintain necessary educational training; or Any other good and sufficient
cause. |
| (3) |
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 served at least 10 days before the date set for hearing and
shall state:
| (a) |
Cause. The cause
or causes for his/her discharge, suspension, or demotion in sufficient detail
to enable him/her fairly to show any error that may exist therein. |
| (b) |
Witnesses and Evidence. The
names of the known witnesses and a concise summary of the evidence. The names
of new witnesses shall be given as soon as practicable. |
| (c) |
Time and Place. The time and
place where the hearing thereon will be held. |
| (d) |
Subpoenas. That the charged
teacher or other person, upon request, shall be furnished with compulsory
process or subpoenas legally requiring the attendance of witnesses and the
production of documents and other papers as provide by law. |
|
| (4) |
Service. All
notices required relating to suspension from duty shall be served either
personally or by certified mail. All notices required relating to demotion,
termination, non-renewal of contract, or reprimand shall be served by certified
mail. 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. |
| (5) |
Counsel and Subpoenas. Any
teacher, principal, or other person against whom charges 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 Chairperson or Vice-Chairperson of the Local Board. In all
other respects, such subpoenas and other compulsory process shall be subject to
the requirements of law. |
| (6) |
Hearing.
| (a) |
Request. In the
event that the Local Board seeks to have the Commission served as a tribunal
for hearing the matter, the Local Board must so request in writing. The
Executive Director shall designate a tribunal of Commission members to consists
of not less than three nor more than five impartial persons possessed of
academic expertise to conduct a hearing and to submit its findings and
recommendations to the Local Board for its decision. |
| (b) |
Report. The hearing shall be
reported at the Local Board's expense. An original and two copies shall be
filed in the Office of the Local Superintendent. In the event of an appeal to
the State Board, the original shall be transmitted to the State Board as
required by its rules. |
| (c) |
Oath. Oath or affirmation shall be administered to all witnesses
by the Chairperson of the tribunal or his designee, or by the Hearing Officer
if so requested by the Chairperson. 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. |
| (d) |
Evidence. All questions
relating to admissibility of evidence or other legal matters shall be decided
by the Chairperson or presiding officer, subject to the right of either party
to appeal to the full hearing tribunal; provided, however, the parties by
agreement may stipulate that some disinterested members of the State Bar of
Georgia shall decide all questions of evidence and other legal issues arising
before the 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 herein, the same rules governing non-jury trials in the
Superior Courts shall prevail. |
|
| (7) |
Decisions and Appeals. The
tribunal shall file its findings and recommendations with the Local Board
within five days of the conclusion of the hearing unless otherwise stipulated
by the parties, and the Local Board shall render its decision thereon within
ten days after receipt of the transcript. Appeals may be taken to the State
Board in accordance with O.C.G.A. Section
20-2-1160, as now or hereafter
amended and the rules and regulations of the State Board governing
appeals. |
| (1) |
General. As part of its duty to maintain high standards for the
teaching profession in Georgia, the Commission provides consultative services
and technical assistance. Any citizen of this State may request such services
and assistance, though the Commission will determine, based upon the nature of
the request, the response that it shall provide. The consultative services and
technical assistance will be performed by the Executive Director and the staff
of the Commission under the direction of the Executive Director. The Commission
does not view opinions expressed by the Executive Director and its staff as
binding on it. |
| (2) |
Content of
Requests. A person seeking consultative services or technical assistance
shall send a letter or other written communication clearly entitled "Request
for Consultative Services" or "Request for Technical Assistance" to the
Executive Director of the Professional Practices Commission, Suite 2010,
building 20, Executive Park West, N.E., Atlanta, Georgia 30329, providing the
following: the name, address, and capacity (teacher, administrator, board
member, or citizen) of the person requesting the services; a concise statement
of the facts giving phone numbers of persons who may provide additional
information; a statement whether the facts giving rise to the request are the
subject of any disciplinary action, complaint, lawsuit, administrative case or
other contested action in any tribunal and the description of such action; and
the signature of the person requesting the services. |
| (3) |
Request for Services Not a
Complaint Procedure. This procedure is not in any way to be construed as
a compliant process. It is anticipated that consultative services and technical
assistance will be requested before any questioned action is taken so that the
Commission may provide guidance. |
| (1) |
General. Request for information concerning the files or documents
of the Commission shall be pursuant to the requirements of the Georgia Open
Records Act. There are no other formal procedures to request public
information. |
| (2) |
Telephone
Inquiries to the Executive Director and Staff. Informal inquiries by
telephone to the Executive Director and staff of the Commission are welcomed.
Inquiries will be responded to by available staff members. However, neither the
Executive Director nor a member of the staff will comment upon pending
investigations or cases. |
| (3) |
Conferences with the Executive Director and Staff. Informal
conferences with the Executive Director and the staff may be arranged as
necessary. Neither the Executive Director nor a member of the staff will
comment upon pending investigations or cases. |
| (4) |
Requests Directly to
Commissioners. The everyday business of the Commission is carried out by
the Executive Director and the staff of the Commission. Commissioners are not
authorized to discuss or otherwise comment on pending investigations and/or
hearings with the public; therefore, direct inquiries to Commissioners are
discouraged and such should be referred to the Executive Director or staff
member. |
| (1) |
General. Any interested person may petition the Commission
requesting the promulgation, amendment, or repeal of a rule. The petition shall
be submitted in writing to the Executive Director at the offices of the
Commission. |
| (2) |
Form of
Petition. The petition need not follow any particular form. The petition
should be clearly designated "Petition for Promulgation, Amendment, or Repeal
of a Rule," shall state the nature of the request, the reasons for the request,
and have the name, address and signature of the person making the
request. |
| (3) |
Consideration
and Disposition. The Executive Director shall review the petition and
develop a proposed response. The petition and proposed response shall be
submitted to the Executive Committee which shall rule on the petition. Within
30 days after submission of a petition, the Executive Committee shall either
deny the petition in writing, stating its reasons for the denial, or shall
initiate rule-making proceedings in accordance with the Georgia Administrative
Procedure Act. |
| (1) |
General. Any interested person may petition the Commission
requesting a declaratory ruling as to the applicability of any statutory
provision or any rule or order of the agency. The petition shall be submitted
in writing to the Executive Director of the Commission. |
| (2) |
Form of Petition. The
petition need not follow any particular form. The petition should be clearly
designated "Petition for Declaratory Ruling," shall state the nature of the
request, the reasons for the request, and have the name, address, and signature
of the person making the request. |
| (3) |
Consideration and
Disposition. The Executive Director shall review the petition and
develop a proposed ruling. The petition and proposed ruling shall be submitted
to the Executive Committee which shall rule on the petition. Within 30 days
after submission of a petition, the Executive Committee, acting on behalf of
the Commission, shall make a ruling of the petition. Rulings disposing of such
petitions have the same status as decisions or orders in contested
cases. |
No specific forms are required for any matters which are filed
with the Commission. Models or guides for pleadings in contested cases and for
other communications to the Commission are available on request for a copying
fee.
