Compilation of Rules and Regulations of the State of Georgia
Department 506 - PROFESSIONAL PRACTICES COMMISSION
Chapter 506-3 - PROCEDURES
Rule 506-3-.03 - Hearings on Behalf of Local Boards
Current through Rules and Regulations filed through March 20, 2024
(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:
(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.
(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.
O.C.G.A. Secs. 20-2-790, et seq.; 20-2-940, et seq.