Ga. Comp. R. & Regs. R. 506-3-.03 - Hearings on Behalf of Local Boards

Current through Rules and Regulations filed through April 4, 2022

(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.

Notes

Ga. Comp. R. & Regs. R. 506-3-.03
O.C.G.A. Secs. 20-2-790, et seq.; 20-2-940, et seq.
Original Rule entitled "Hearings on Behalf of Local Boards" was f. May 5, 1989; eff. May 25, 1989. Amended: F. Apr. 7, 1994; eff. Apr. 27, 1994.

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