Current through Rules and Regulations filed through March 20, 2024
(1)
Purpose. Georgia Code
20-2-210 requires that all personnel employed by local units of administration
(LUAs) shall have their performance reviewed annually. The purpose of this rule
is to define the process for reporting "Unsatisfactory," "Ineffective" and
"Needs Development" annual performance evaluations for certificated personnel;
the process for reporting successful completion of remediation plans; and the
effect of two (2) or more unremediated "Unsatisfactory," "Ineffective" or
"Needs Development" annual performance evaluations in a five (5)-year period on
certification eligibility, issuance and renewal.
(2)
Definitions.
(a) Certificated personnel include all
individuals holding any Renewable or Non-Renewable license or certificate
issued by the Georgia Professional Standards Commission (GaPSC), including the
Clearance certificate.
(b)
Unsatisfactory performance ratings include any annual summative performance
rating of "Unsatisfactory," "Ineffective," "Needs Development," or the
equivalent.
(c) Satisfactory
performance ratings include any annual summative performance rating of
"Satisfactory," "Proficient," "Exemplary," or the equivalent.
(3)
Requirements.
(a) Each LUA shall report all unsatisfactory
ratings of all annual performance evaluations.
1. An educator who receives an unsatisfactory
performance evaluation must be reported to the GaPSC by the employing LUA using
the procedures established by the GaPSC and no later than June 30 of the
academic year in which the annual performance evaluation was
conducted.
2. The employing LUA is
responsible for establishing a remediation plan for an educator who receives an
unsatisfactory annual performance evaluation. An evaluation component shall be
part of the remediation plan and shall be used to assess performance during the
time period since the evaluation. The remediation plan must also include a
professional learning component.
(i) An LUA
that employs an educator who has received an unremediated unsatisfactory annual
performance rating during the current validity period of his or her certificate
is responsible for supervising the completion of that educator's remediation
plan, even if the unsatisfactory rating was issued by a different employing LUA
[see section (6) below]. If the educator successfully completes the remediation
plan, as determined by the educator's supervisor, the performance evaluation is
considered remediated. Remediation based on successful completion of a plan
shall be reported to the GaPSC by the employing LUA using the established
procedures and no later than June 30 of the academic year in which the
remediation took place.
(ii) It is
the responsibility of the educator to complete the remediation plan to the
satisfaction of his or her supervisor.
(iii) An educator may also remediate an
unsatisfactory annual performance rating without completing a remediation plan
by receiving a satisfactory evaluation on a subsequent annual performance
evaluation, subject to the following conditions:
(I) The satisfactory performance rating must
be earned while employed in a similar field to the one in which the
unsatisfactory performance rating was earned. If the unsatisfactory rating was
earned while working in a teaching field, a satisfactory rating earned while
working in any teaching field within the same grade range (P-5, 4-8, or 6-12)
is acceptable. If the unsatisfactory rating was earned while working in a
leadership or service field, only a satisfactory rating earned while working in
the same field is acceptable for remediation of the unsatisfactory
rating;
(II) A single annual
satisfactory performance rating may be used to remediate only one (1)
unsatisfactory annual performance rating; and
(III) A remediation based on a subsequent
satisfactory evaluation must be reported to the GaPSC by the employing LUA
using the established procedures and no later than June 30 of the academic year
in which the remediation took place.
(4)
Renewable Certificate
Holders. An educator holding a Renewable license or certificate who has
received two (2) or more unremediated unsatisfactory performance evaluations in
the preceding five (5)-year certificate validity period will not be eligible
for renewal.
(a) At the request of an
employing LUA, a Waiver license or certificate may be issued to an educator
with two (2) unremediated unsatisfactory ratings in the preceding five (5)-year
certificate validity period to allow for remediation of the performance
deficiency. Upon successful remediation, the educator may apply for the
Renewable license or certificate provided all other certification requirements
are met. Upon issuance of the Renewable license or certificate, the validity
period will be decreased by the length of time for which the Waiver license or
certificate was held. An educator who has received three (3) or more
unremediated unsatisfactory ratings in the preceding five (5)-year certificate
validity period may not be issued any type of certificate, including a
Waiver.
(b) A Renewable license or
certificate holder with one (1) unremediated unsatisfactory evaluation shall
not be eligible for renewal until the performance evaluation has been
remediated; or a "Satisfactory," "Proficient" or "Exemplary" evaluation has
been earned on the current year's annual performance evaluation; or the
employer attests that a second unsatisfactory performance evaluation was not
earned in the renewal year; or the performance evaluation period has ended for
the renewal year, and the LUA has attested that all unsatisfactory performance
evaluations have been reported to the GaPSC for the renewal year.
(5)
Non-Renewable
Certificate Holders. An educator holding a Non-Renewable license or
certificate who has received two (2) or more unremediated unsatisfactory
performance evaluations during the validity period of the certificate shall not
be entitled to a Non-Renewable or Renewable license or certificate, with the
following exception:
(a) At the request of an
employing LUA, a Waiver license or certificate may be issued to an educator
with two (2) or more unremediated unsatisfactory ratings during the validity
period of the Non-Renewable license or certificate to allow for remediation of
the performance deficiency. Upon successful remediation and provided all other
certification requirements are met, the educator may apply for Renewable
certification. Upon issuance of the Renewable license or certificate, the
validity period will be decreased by the length of time for which the Waiver
license or certificate was held.
(6)
Remediation by a New Employing
LUA. If an educator who has received one (1) or more unremediated
unsatisfactory annual performance evaluations during the current validity
period of his or her certificate is no longer employed by the reporting LUA, he
or she may gain employment in another LUA willing to assist with the
remediation process.
(a) An educator may
authorize the release of his or her individual performance data for remediation
purposes.
(b) At the request of an
employing LUA, a Waiver license or certificate may be requested to allow for
remediation of the performance deficiency.
(c) The educator is responsible for
disclosing their remediation plan to the new employer in order to pursue
remediation of the unsatisfactory rating. The new employer may choose to revise
the remediation plan.
(7)
Privacy. All local school
systems and charter schools are required to report all unsatisfactory ratings
of all annual performance evaluations to the Professional Standards Commission.
The Commission is authorized to release such data provided it cannot be
personally identified to any currently or formerly certificated
individual.
(8)
Information
Clearinghouse. The GaPSC shall maintain a central clearinghouse of
information on Georgia educators receiving annual "Unsatisfactory,"
"Ineffective" or "Needs Development" performance evaluations and/or annual
performance remediation. Each LUA is required to report this information to the
GaPSC on or before June 30 of the academic year in which the evaluation or
remediation occurred. The LUA superintendent or authorized official is
responsible for ensuring that this information is provided in an accurate and
timely manner, and shall attest to the completeness of reporting on or before
June 30 of each academic year. If the information is not provided in an
accurate and timely manner as established in this rule, the GaPSC reserves the
right to report the superintendent or designee responsible for reporting
performance to the Ethics Division.
(9)
Correction of Reporting
Errors. Erroneously reported unsatisfactory annual performance
evaluations and/or remediation will be removed upon request from the reporting
LUA using the procedures established by the GaPSC.
O.C.G.A. §
20-2-200.
