Chapter 506-2 ORGANIZATION, METHOD OF OPERATION, AND PUBLIC INFORMATION
|(1)|| The Commission.
|(2)|| The Executive Director and Staff of the
|(3)||Relationship of the Commission to the State Board. The Commission, although appointed by the State Board on the recommendation of the State Superintendent, s an entirely separate and distinct governmental body designed to establish and uphold ethical and professional standards within the teaching profession. The Commission is assigned to the Georgia Department of Education for administrative purposes only. As such, the Commission is authorized to exercise its quasi-judicial, rule-making, or policy-making functions independently of the State Department without approval or control of the State Department; to prepare its budget and submit its budgetary request through the State Department; and to employ its own personnel. The State Department shall provide record-keeping, reporting, and related administrative and clerical functions for the Commission; and include in the departmental budget the Commission's budgetary requests as a separate part of the budget and exactly as prepared and submitted to the State Department by the Commission. The assignment of the Commission to the State Department for administrative purposes means only that the State Department shall be that department through which the Commission deals with the State. The Commission retains its separate identity as an instrumentality of the State. The State Department is authorized, only with the approval of the Commission, to perform for the Commission such functions as it requests.|
|(4)||Funding and Receipt of Gifts and Grants. The funds necessary to carry out the duties and responsibilities of the Commission shall come from funds appropriated to the Commission by the General Assembly of Georgia or otherwise made available to the Commission. The Commission may accept gifts or grants of funds or property or services from other source.|
|(5)||Rules and Regulations. The Commission is authorized to adopt such rules and regulations as it deems necessary. Its rules and regulations shall be adopted pursuant to and in conformity with the applicable provisions of the Georgia Administrative Procedure Act. The Commission shall, by regulation, adopt standards of performance and a code of ethics for educators.|
|(1)||Adoption and Maintenance of Standards of Performance and a Code of Ethics. It shall be the duty of the Commission to adopt and maintain standards of performance and code of ethics for educators. The standards of performance and code of ethics shall represent standards of performance and conduct which are generally accepted by educators of this State. In adopting the standards of performance and code of ethics, the Commission shall seek the advice of educators of this State. The standards of performance and code of ethics adopted by the Commission shall be limited to professional performance and professional ethics. Upon the adoption by the Commission of the standards of performance and the code of ethics, educators of this State shall be obliged to meet and comply with such standards of performance and to abide by such code of ethics.|
|(2)|| Investigations and
Recommendations in Disciplinary Actions.
|(3)||Hearings on Behalf of Local Boards. In any case in which a Local Board seeks to terminate or suspend the contract of employment of a teacher, principal, or other employee having a contract for a definite term, the Local Board may request that the Commission serve as a tribunal to hear the case. In such an instance, the Commission shall appoint a tribunal which shall hear the matter and shall file its findings, conclusions, and recommendations with the Local Board within five days of the conclusion of the hearing, unless waived by the consent of both parties, and the Local Board shall render its decision thereon.|
|(4)||Consultative Services. In addition to making recommendations to Local Boards, the State Board, or to the Professional Standards Commission, the Commission may provide consultative services pertaining to the teaching profession to anyone who has a vested interest in education and may make recommendations to the Local Boards, or to the State Board, or the Professional Standards Commission, which will promote an improvement in the teaching profession. The Commission shall be authorized to hold meetings for the purposes of determining recommendations pursuant to this subsection; and at such meetings, the Commission may receive testimony from educators or other persons interested in the improvement of the teaching profession; but the powers of the Commission to conduct probable cause and plenary hearings, to administer oaths and affirmations, and to issue subpoenas shall not be exercised pursuant to the authority of this subparagraph.|
Information from the Commission.
|(2)||Making Submissions to the Commission. Information concerning investigations may be submitted to the Commission either orally or in writing. If the submission is made orally, it should be made to the investigator assigned to the matter and made in writing to the Executive Director.|
|(3)||Making Requests of the Commission. Anyone requesting the Commission to make an investigation, serve as tribunal, provide consultative services, or render opinions concerning the standards or code of ethics, shall do so in writing to the Executive Director. In exigent circumstances, the request may be made orally or telephonically and followed by a written request. In no instance will the Commission take action without a written request.|