GA Code § 20-2-940 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 2 - Elementary and Secondary Education|Article 17 - Teachers and Other School Personnel|Part 7 - Termination, Suspension, Nonrenewal, Demotion, or Reprimand|§ 20-2-940. Grounds and Procedure for Terminating or Suspending Contract of Employment

  Grounds for termination or suspension. Except as otherwise provided in this subsection, the contract of employment of a teacher, administrator, or other employee having a contract for a definite term may be terminated or suspended for the following reasons:   Incompetency;   Insubordination;   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 of education;   To reduce staff due to loss of students or cancellation of programs and due to no fault or performance issue of the teacher, administrator, or other employee. In the event that a teacher, administrator, or other employee is terminated or suspended pursuant to this paragraph, the local unit of administration shall specify in writing to such teacher, administrator, or other employee that the termination or suspension is due to no fault or performance issues of such teacher, administrator, or other employee;   Failure to secure and maintain necessary educational training; or   Any other good and sufficient cause.  A teacher, administrator, 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.      Notice. Before the discharge or suspension of a teacher, administrator, 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:   The cause or causes for his or her discharge, suspension, or demotion in sufficient detail to enable him or her fairly to show any error that may exist therein;   The names of the known witnesses and a concise summary of the evidence to be used against him or her. The names of new witnesses shall be given as soon as practicable;   The time and place where the hearing thereon will be held; and   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.     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.   Counsel; testimony. Any teacher, administrator, 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 chairperson or vice chairperson of the local board. In all other respects, such subpoenas and other compulsory process shall be subject to Article 2 of Chapter 13 of Title 24.   Hearing.   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.   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.   Oath or affirmation shall be administered to all witnesses by the chairperson, 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."    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 local board or hearing tribunal, as the case may be; provided, however, that 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.     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.   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 or her 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 or she 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 or she is reinstated by the local board, in which case he or she shall receive all compensation to which he or she is otherwise entitled.    (Ga. L. 1975, p. 360, § 1; Ga. L. 1986, p. 300, § 1; Ga. L. 1987, p. 3, § 20; Ga. L. 1994, p. 527, § 1; Ga. L. 1996, p. 6, § 20; Ga. L. 1998, p. 750, § 2; Ga. L. 2000, p. 1589, § 3; Ga. L. 2011, p. 99, § 36/HB 24; Ga. L. 2012, p. 890, § 1/SB 153.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2011, "subject to Article 2" was substituted for "subject Article 2" in the last sentence of subsection (d).    Ga. L. 2012, p. 890, § 1/SB 253, amended subsection (d) of this Code section and in so doing omitted without expressing an intent to repeal or modify the amendment made to that subsection made by Ga. L. 2011, p. 99, § 36/HB 24. The two amendments were not irreconcilably conflicting, and the amendment to subsection (d) of this Code section made by Ga. L. 2011, p. 99, § 36/HB 24, was treated as not having been repealed by Ga. L. 2012, p. 890, § 1/SB 253. See Reeves v. Gay, 92 Ga. 309 (1893).   Editor's notes.   - Ga. L. 1998, p. 750, § 11, not codified by the General Assembly, provides that all cases pending before the Professional Practices Commission on June 30, 1998, shall be transferred to the Professional Standards Commission, Part 10, Ch. 2, T. 10.   Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, makes subsection (c) of this Code section applicable with respect to notices delivered on or after July 1, 2000.   Ga. L. 2011, p. 99, § 101/HB 24, not codified by the General Assembly, provides that the 2011 amendment to this Code section shall apply to any motion made or hearing or trial commenced on or after January 1, 2013.   Law reviews.   - For survey of 1985 Eleventh Circuit cases on civil constitutional law, see 37 Mercer L. Rev. 1253 (1986). For annual survey of administrative law, see 38 Mercer L. Rev. 17 (1986). For survey of 1987 Eleventh Circuit cases on administrative law, see 39 Mercer L. Rev. 1057 (1988). For survey article on education law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 237 (2003). For annual survey of law on labor and employment law, see 62 Mercer L. Rev. 181 (2010). For article, "Evidence," see 27 Ga. St. U.L. Rev. 1 (2011). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 1 (2011). For comment, "Testing Our Teachers," 61 Emory L.J. 1493 (2012).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Constitutionality   Grounds for Termination or Suspension    RESEARCH REFERENCES   Am. Jur. 2d.   - 63C Am. Jur. 2d, Public Officers and Employees, § 223 et seq. 68 Am. Jur. 2d, Schools, §§ 147 et seq., 219 et seq.   C.J.S.   - 78 C.J.S., Schools and School Districts, §§ 294, 374, 378, 390 et seq.   ALR.    - Temporary inability of teacher without fault of school authorities to perform duty as justifying termination of contract or removal, 72 A.L.R. 283.    Marriage of teacher as ground of removal or discharge, 118 A.L.R. 1092.    Candidacy for or incumbency of public office or other political activity by teacher or other school employee as ground for dismissal or compulsory leave of absence, 136 A.L.R. 1154.   Assertion of immunity as ground for removing or discharging public officer or employee, 44 A.L.R.2d 789.   Sufficiency of teacher's request for hearing, under statute requiring hearing on request before discharge, 89 A.L.R.2d 1018.   Test of moral character or fitness as requisite to issuance of teacher's license or certificate, 96 A.L.R.2d 536.   Revocation of teacher's certificate for moral unfitness, 97 A.L.R.2d 827.   Right to dismiss public school teacher on ground that services are no longer needed, 100 A.L.R.2d 1141.   What constitutes "incompetency" or "inefficiency" as a ground for dismissal or demotion of public school teacher, 4 A.L.R.3d 1090.   Use of illegal drugs as ground for dismissal of teacher, or denial or cancellation of teacher's certificate, 47 A.L.R.3d 754.   Dismissal of, or disciplinary action against, public school teacher for violation of regulation as to dress or personal appearance of teachers, 58 A.L.R.3d 1227.   Sexual conduct as ground for dismissal of teacher or denial or revocation of teaching certificate, 78 A.L.R.3d 19.   What constitutes "insubordination" as ground for dismissal of public school teachers, 78 A.L.R.3d 83.   Dismissal of public school teacher because of unauthorized absence or tardiness, 78 A.L.R.3d 117.   Termination of teacher's tenure status by resignation, 9 A.L.R.4th 729.   Public school teacher's self-defense, or defense of another, as justification, in dismissal proceedings, for use or threat of use of force against student, 37 A.L.R.4th 842.   Sufficiency of notice of intention to discharge or not to rehire teacher, under statutes requiring such notice, 52 A.L.R.4th 301.