GA Code § 20-2-212.2 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 2 - Elementary and Secondary Education|Article 6 - Quality Basic Education|Part 6 - Employment|Subpart 2 - Conditions of Employment|§ 20-2-212.2. Salary Increase for Persons Receiving Certification From National Board for Professional Teaching Standards; State Payment of Program Participation Fee; Repayment; Reimbursement

  As used in this Code section, the term:   "High-needs school" means a Georgia public school that has received an unacceptable rating for a period of two or more consecutive years; and   "National certification" means certification obtained from the National Board for Professional Teaching Standards.     For initial national certification prior to July 1, 2006, and subsequent renewals anytime thereafter,   Any person who:   Is currently teaching full time in a Georgia public school and holds a valid Georgia teaching certificate; and   Has successfully completed the prerequisite portfolio of student work and examination and has received national certification  shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded beginning on the date such certification is received. The 10 percent increase shall be computed based on the state salary for such individual when national certification is received and recomputed each subsequent year based on the individual's state salary for that school year. In the case of a person who has received such national certification prior to July 1, 2000, and is receiving or is eligible to receive a 5 percent rate increase, the 5 percent rate increase shall be changed to a 10 percent rate increase effective with the commencement of the 2000-2001 school year. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible. An individual receiving a salary increase pursuant to this subsection shall cease to receive such increase if he or she leaves a teaching position after March 1, 2009. This subsection shall be subject to appropriations by the General Assembly.      A teacher for whom the State of Georgia pays a portion of the national certification participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the state's portion of the participation fee to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher, and repayment is not required if the teacher fails to receive national certification.   The portion of the national certification program participation fee paid by the participant shall be reimbursed by the state upon certification for any teacher who is eligible for an increase pursuant to paragraph (1) of this subsection. This paragraph shall be subject to appropriations by the General Assembly.   A teacher for whom the State of Georgia reimburses the cost of the participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the reimbursement payment to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher.     Except as provided for in subsections (b.1) and (c.1) of this Code section, for initial national certification between July 1, 2006, and March 1, 2009, and subsequent renewals anytime thereafter,   Any person who:   Is currently teaching full time in a high-needs school and holds a valid Georgia teaching certificate as defined by the Professional Standards Commission; and   Has successfully completed the prerequisite portfolio of student work and examination and has received national certification  shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded beginning on the date such certification is received. The 10 percent increase shall be computed based on the state salary for such individual when national certification is received. A teacher who transfers to a high-needs school after such individual receives national certification shall receive such increase beginning on the effective date of transfer if the teacher meets the requirements of this subsection, and such increase shall be computed based on the state salary for such individual on the effective date of the transfer. Provided such individual remains employed in a high-needs school or in a school that was designated as a high-needs school at the time the individual received national certification or transferred to such school and otherwise continues to meet the requirements of this subsection, the 10 percent increase shall be recomputed each subsequent year based on such individual's state salary for that school year. An individual receiving a salary increase pursuant to this subsection shall cease to receive such increase if he or she leaves a teaching position after March 1, 2009. This subsection shall be subject to appropriations by the General Assembly.      The Professional Standards Commission shall provide annually to the Department of Education a roster of teachers who have retained national certification and are eligible for the annual increase.     Except as provided in subsection (c.1) of this Code section, on and after July 1, 2009, only teachers receiving a salary increase pursuant to this Code section as of March 1, 2009, shall be eligible to continue receiving such salary increases, subject to appropriations by the General Assembly, but only if such teachers otherwise meet all applicable requirements.    (b.1)Any person who has enrolled in the process, as determined by the Professional Standards Commission, of attaining national certification on or before March 1, 2005, and who obtains initial certification and subsequent renewals after July 1, 2006, shall be eligible for salary increases, subject to appropriations by the General Assembly, pursuant to subsection (b) of this Code section if such person otherwise meets the requirements of subsection (b) of this Code section.   (c.1)Any person who has enrolled in the process, as determined by the Professional Standards Commission, of attaining national certification on or before March 1, 2009, shall be eligible for salary increases, subject to appropriations by the General Assembly, pursuant to subsection (c) of this Code section if such person otherwise meets the requirements of subsection (c) of this Code section.    (Code 1981, §20-2-212.2, enacted by Ga. L. 1996, p. 494, § 3; Ga. L. 1998, p. 1582, § 2; Ga. L. 2000, p. 618, § 36; Ga. L. 2001, p. 148, § 11; Ga. L. 2002, p. 397, § 2; Ga. L. 2005, p. 717, § 1A/SB 34; Ga. L. 2006, p. 72, § 20/SB 465; Ga. L. 2009, p. 101, § 1/HB 243.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2005, "of this Code section" was inserted at the end of subsection (b.1).   Editor's notes.   - Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'A Plus Education Reform Act of 2000.'"   Law reviews.   - For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 83 (2005).   JUDICIAL DECISIONS   Teachers' salary increase claims had to be brought against local school boards.    - Trial court did not err in granting the state's motion to dismiss teachers' action seeking a declaratory judgment that an amendment to O.C.G.A. § 20-2-212.2 was unconstitutional in that the amendment impairs a vested right in a ten percent salary increase because any claim the teachers could have of entitlement to a salary increase had to be brought under the teachers' contracts with the teachers' employers, the local school boards; the teachers' claims were against the local school boards because the contracts were between the teachers and the local boards. Stalling v. State, 312 Ga. App. 154, 717 S.E.2d 733 (2011).