GA Code § 20-2-200 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 2 - Elementary and Secondary Education|Article 6 - Quality Basic Education|Part 6 - Employment|Subpart 1 - Certificated Professional Personnel|§ 20-2-200. Regulation of Certificated Professional Personnel by Professional Standards Commission; Rules and Regulations; Fees

  The Professional Standards Commission shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state, including personnel who provide virtual instruction to public schools of this state, whether such personnel are located within or outside of this state or whether such personnel are employed by a local unit of administration. No such personnel shall be employed in the public schools of this state unless they hold certificates issued by the commission certifying their qualifications and classification in accordance with such regulations. The commission shall establish such number of classifications of other certificated professional personnel as it may find reasonably necessary or desirable for the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training, experience, and competency of such personnel. The commission is authorized to provide for denying a certificate to an applicant, suspending or revoking a certificate, or otherwise disciplining the holder of a certificate for good cause after an investigation is held and notice and an opportunity for a hearing are provided the certificate holder or applicant in accordance with subsection (d) of Code Section 20-2-984.5. The commission shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section or under Code Section 20-2-206. Without limiting the generality of the foregoing, the term "certificated professional personnel" means all professional personnel certificated by the commission and county or regional librarians.     The Professional Standards Commission shall establish rules and regulations for appropriate requirements and procedures to ensure high-quality certification standards for all Georgia educators while facilitating the interstate mobility of out-of-state certified educators.   Requirements established for initial certification applicants new to the profession, to include out-of-state program completers with or without certificates and with no teaching experience, may include, but are not limited to, demonstrated satisfactory proficiency in the following: a test of broad general knowledge; a test of specific subject matter content or other professional knowledge appropriate to the applicant's field of certification; computer skill competency; standards of ethical conduct; and coursework in the identification and education of children who have special educational needs; provided, however, that this paragraph shall not be construed to apply to alternative certification requirements as provided in Code Section 20-2-206.   Requirements established for holders of valid, professional out-of-state certificates applying for their first Georgia certificate may include, but are not limited to the following: computer skill competency; coursework in the identification and education of children who have special educational needs; recency of study; and standards of ethical conduct. These requirements may be completed during the validity period of the first Georgia certificate. At the time of application for the first Georgia certificate, satisfactory proficiency in subject matter content appropriate to the applicant's field of certification may be determined based on Professional Standards Commission approved tests or combinations of successful teaching experience and academic, technical, and professional preparation as outlined in rules of the Professional Standards Commission.   Requirements for certification renewal shall be established to foster ongoing professional learning, enhance student achievement, and verify standards of ethical conduct; provided, however, that from July 1, 2010, through June 30, 2017, no professional learning requirements shall be required for certificate renewal for clear renewable certificates for certificated personnel or for certificate renewal for paraprofessionals. Such requirements may include, but are not limited to, professional learning related to school improvement plans or the applicant's field of certification and background checks. Such requirements may also include participating in or presenting at in-service training programs on sexual abuse and assault awareness and prevention. Should the Professional Standards Commission include a requirement to demonstrate computer skill competency, the rules and regulations shall provide that a certificated educator may elect to meet the requirement by receiving satisfactory results on a test in basic computer skill competency. If a certificated educator elects to take such test pursuant to this paragraph, the local school system by which such educator is employed shall make available the opportunity to take the test on site at the school in which the educator is assigned. Each principal shall identify an administrator on site at each school to serve as a proctor for individuals taking the test pursuant to this paragraph. Individuals holding a valid Georgia life certificate or a valid National Board for Professional Teaching Standards certificate shall be deemed to have met state renewal requirements except those related to background checks.  (4.1) Prior to July 1, 2017, the Professional Standards Commission shall revise its certification renewal rules established pursuant to paragraph (4) of this subsection, to require demonstration of the impact of professional learning on educator performance and student learning for purposes of certification renewal. Such revised rules shall be effective beginning July 1, 2017. As part of the revision process, the Professional Standards Commission shall establish a task force to determine the level of evidence necessary for educators to demonstrate the impact of professional learning and how such evidence will be collected and submitted for purposes of certificate renewal.    Requirements designating approved in-field assignment standards appropriate to the applicant's field of certification shall be established to ensure that educators are assigned to those areas for which they are properly prepared. These standards may be determined based on reviews of state approved curriculum courses, state approved preparation programs, and designated certificate fields.   No later than July 1, 2019, the Professional Standards Commission shall extend in-field certification for agricultural education to include kindergarten through grade five.     An individual who has received any combination of two unsatisfactory, ineffective, or needs development annual summative performance evaluations in the previous five-year period pursuant to Code Section 20-2-210 shall not be entitled to a renewable certificate prior to demonstrating that such performance deficiency has been satisfactorily addressed, but such individual may apply to the commission for a nonrenewable certificate, as defined by the commission. Each local school system and charter school shall report all unsatisfactory, ineffective, and needs development ratings of all performance evaluations as provided in Code Section 20-2-210 for certificated personnel in their employ in a manner, format, and frequency determined by the commission. The commission is authorized to release such data provided it cannot be personally identifiable to any currently or formerly certificated person.   No applicant who is under review by the commission shall be allowed to withdraw his or her application for a certificate, permit, or other certification document without the written consent of the commission. The commission shall retain its authority over those applicants to proceed with the denial of the certificate, permit, or other certification document upon any ground provided by law, or to enter an order denying the certificate, permit, or other certification document upon any ground provided by law. The suspension or expiration of any certificate, permit, or certification document, or its surrender without the written consent of the commission, shall not deprive the commission of its authority to do any of the following:   Institute or continue a disciplinary proceeding against the holder of a certificate, permit, or other certification document upon any ground provided by law;   Enter an order suspending or revoking the certificate, permit, or other certification document; or   Issue an admonition to the holder of a certificate, permit, or other certification document.       The Professional Standards Commission shall charge the following fees to persons who file applications with the commission under its regulations adopted pursuant to the authority of this Code section:   For an applicant for initial certification who is not currently employed in Georgia public or private schools............ $ 20.00   For an applicant for initial certification who is not a graduate of an accredited education program from a Georgia college or university............ 20.00   For an applicant for a higher certificate when the applicant then holds a Georgia certificate but who is not currently employed in Georgia public or private schools............ 20.00   For an applicant for a certificate which adds a field or which endorses a certificate but who is not currently employed in Georgia public or private schools............ 20.00   For an applicant for a conditional certificate............ 20.00   For an applicant for the renewal of any certificate if the applicant is not currently employed by a public or private school in Georgia............ 20.00   For evaluating transcripts where certificates are not issued and for issuing duplicate copies of certificates............ 20.00   For an applicant for a clearance certificate pursuant to Code Section 20-2-211.1 who is not currently employed in Georgia public or private schools or who is not a graduate of an accredited education program from a Georgia college or university............ 20.00     The fees provided for in paragraph (1) of this subsection shall be paid by an applicant by cashier's check, money order, credit card, debit card, or other method as approved by the Professional Standards Commission as a condition for filing the application.   The fees provided for in this subsection shall be paid by the commission into the general funds of the state. The commission shall adopt regulations to carry out the provisions of this subsection.     As used in this part, unless the context indicates otherwise, the term "commission" means the Professional Standards Commission established under Part 10 of Article 17 of this chapter.     (Code 1981, §20-2-200, enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 1735, § 1; Ga. L. 1989, p. 1806, § 1; Ga. L. 1990, p. 1312, § 1; Ga. L. 1990, p. 1339, § 1; Ga. L. 1990, p. 1487, §§ 1, 2;Ga. L. 1991, p. 94, § 20; Ga. L. 1991, p. 1546, § 4; Ga. L. 1992, p. 2365, § 1; Ga. L. 1994, p. 801, § 1; Ga. L. 2000, p. 521, §§ 1, 2; Ga. L. 2000, p. 618, § 30; Ga. L. 2002, p. 397, § 1; Ga. L. 2003, p. 398, § 1; Ga. L. 2005, p. 60, § 20/HB 95; Ga. L. 2006, p. 534, § 1/HB 972; Ga. L. 2007, p. 259, § 3/SB 72; Ga. L. 2010, p. 237, §§ 1, 1D/HB 1079; Ga. L. 2010, p. 258, § 1/HB 1307; Ga. L. 2011, p. 511, § 1/HB 285; Ga. L. 2013, p. 1091, § 1/HB 244; Ga. L. 2015, p. 5, § 20/HB 90; Ga. L. 2015, p. 843, § 1/HB 164; Ga. L. 2015, p. 1376, § 18/HB 502; Ga. L. 2018, p. 115, § 3/SB 330; Ga. L. 2018, p. 747, § 2B/SB 401; Ga. L. 2019, p. 1056, § 20/SB 52.)    The 2015 amendments.  The first 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, substituted "coursework" for "course work" in paragraphs (b)(2) and (b)(3). The second 2015 amendment, effective July 1, 2015, substituted "June 30, 2017" for "July 1, 2015" in the middle of the first sentence of paragraph (b)(4); and substituted "July 1, 2017" for "July 1, 2015" in the first and second sentences of paragraph (b)(4.1). The third 2015 amendment, effective July 1, 2015, added ", including personnel who provide virtual instruction to public schools of this state, whether such personnel are located within or outside of this state or whether such personnel are employed by a local unit of administration" to the end of the first sentence in subsection (a).    The 2018 amendments.  The first 2018 amendment, effective April 27, 2018, added paragraph (b)(6). The second 2018 amendment, effective July 1, 2018, added the third sentence of paragraph (b)(4).    The 2019 amendment,  effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted "means" for "as defined as" in the last sentence of subsection (a).   Code Commission notes.   - Ga. L. 1991, p. 1546, § 4, added a new subsection (e). Pursuant to Code Section 28-9-5, the new subsection was redesignated as subsection (f).   Pursuant to Code Section 28-9-5, in 2002, a comma was added after "revoking a certificate" in the fourth sentence of subsection (a).   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.'"   Ga. L. 2013, p. 1091, § 6/HB 244, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2014, and shall be applicable beginning in school year 2014-2015."   Ga. L. 2018, p. 115, § 1/SB 330, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Georgia Agricultural Education Act.'"   Law reviews.   - For comment, "Teacher Competency Testing: 'Decertification' and the Federal Constitution and Title VII," see 37 Emory L.J. 1077 (1988).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Ga. L. 1977, p. 991 and former Code Section 20-2-284, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.   Scope of term "professionally certificated personnel".   - Classroom teachers, supervisory or administrative personnel, and regional and county librarians, if employed by the public school systems of this state, were included in the definition of "professionally certificated personnel", while clerical personnel, clerical personnel employed in libraries, teacher aides, paraprofessionals, and private school nurses were not included in the definition. 1977 Op. Att'y Gen. No. 77-76 (decided under Ga. L. 1977, p. 991).    Decision not to "grant" a teaching certificate by officials in the certification division of the Department of Education based upon the failure of an applicant to meet certain required criteria is not a "contested case" within the meaning of O.C.G.A. § 50-13-2(2) of the Georgia Administrative Procedure Act. 1991 Op. Att'y Gen. No. 91-10.   Renewal and recertification.   - Teacher may surrender a renewable certificate prior to the renewal date of that certificate; however, to be recertified such a teacher must comply with the initial certification requirements including, but not limited to, the teacher certification test. Once the Quality Basic Education Act becomes effective July 1, 1986, renewal of teaching certificates must comply with that Act. 1985 Op. Att'y Gen. No. 85-25.   Certification of vocational- technical teachers.   - Teachers in vocational-technical schools are not required to be certified since the legislature no longer views vocational-technical schools to be part of the public school system. 1984 Op. Att'y Gen. No. 84-43, rescinding 1967 Op. Att'y Gen. No. 67-14 and 1983 Op. Att'y Gen. No. 83-54 to the extent that they conflict with this opinion (decided under former Code Section 20-2-284).    Private teacher who furnishes private lessons to students on school property  need not be certificated. 1988 Op. Att'y Gen. No. U88-6.   RESEARCH REFERENCES   Am. Jur. 2d.   - 68 Am. Jur. 2d, Schools, §§ 147 et seq., 163.   C.J.S.   - 79 C.J.S., Schools and School Districts, § 196 et seq.