(1)
Intent of the Chapter. The
standards listed in this chapter are held to be the generally accepted minimal
standards of the education profession in Georgia and are therefore declared to
be the basis for reviewing the performance of professional educators. It is the
intent of the Professional Practices Commission that the standards set forth in
this Chapter shall apply to those who teach in classrooms and those who
supervise and provide administrative services and provide administrative
services to those who teach in classrooms. Professional reviewers appointed by
the Commission shall review professional performance and form opinions of the
quality of professional service rendered. The reviewers shall relate such
opinions by sworn testimony before the Commission in any hearing where
professional competency is an issue provided that reviewers qualify as expert
witnesses before the Commission. Testimony therefrom shall be based on the
standards included in this Chapter. No finding of professional incompetency
shall be made except where a preponderance of evidence exists of such
incompetency. Professional reviewers, upon proper request as authorized by law,
may be appointed by the Executive Director of the Commission to review
professional performance and form opinions of the quality of professional
service rendered and make corrective recommendations. Such professional reviews
shall be conducted for the sole purpose of remediating professional performance
to improve the quality of education.
(2)
Supplementary Definitions.
In an effort to promote understanding and consistency within the provisions of
this Chapter, in addition to the definitions provide in Chapter 1 of these
Rules, the following words and terms, when used in this Chapter, shall have the
following meanings:
(a)
Administrative. Pertaining to the execution, application or
management of persons or things.
(b)
Appeal. A request for a
nonjudicial review of an action related to grievances, complaints, conditions
or situations.
(c)
Available. That which can be used or obtained.
(d)
Certificate, Certified,
Certification. These terms and similar terms are references to the
certificate issued by the Professional Standards Commission to Certified
Personnel as defined below.
(e)
Certified Personnel. These positions required to be certified by
the implementation of the provisions of O.C.G.A. Section
20-2-200.
(f)
Communication Skills. The
capacity, ability or art of giving and receiving, through any of the senses,
information, ideas and attitudes.
(g)
Competent. The ability or
fitness to discharge the required duties as set forth in this
Chapter.
(h)
Complainant. That party by whom, or on whose behalf, a complaint
is filed.
(i)
Complaint. A problem involving professional performance or
relationship where the ultimate solution is normally within the province of the
profession.
(j)
Designated
Task. The duty or assignment for which a person is responsible at any
given time.
(k)
Diagnosis. Identification of needs, strengths and weaknesses
through examination, observation and analysis.
(l)
Educator. Any person engaged
in the instructional program, including those engaged in the instructional
program, including those engaged in teaching, administering and supervising,
who is required to be certified.
(m)
Effective. Producing a
definite or desired result.
(n)
Hearing. Commission proceedings for the formulation of a
recommendation to the Georgia Board of Education, to a Local Board or to the
Professional Standards Commission.
(o) Hearing Committee. The three
Commission members appointed to the Hearing Committee.
(p)
Hearing Officer. Qualified
member of the Georgia Bar competent by reason of training or
experience.
(q)
Management. Controlling, supervising and guiding the efforts of
others.
(r)
Order. The
whole or any part of the final decision of the Professional Standards
Commission.
(s)
Party.
Individuals, partnerships, corporations, associations, departments of education
or public or private organizations of any character, and any agency allowed to
intervene in a Commission proceeding.
(t)
Person. Anyone who is
seeking to establish or maintain certification as defined above.
(u)
Policy. Authorized
expressions of public intent reflecting the general principles guiding the
efforts of the school system or school toward approved goals.
(v)
Preponderance of Evidence. A
superiority of weight.
(w)
Reasonable. Just and proper; ordinary or usual; fit and
appropriate to the end in view.
(x)
Respondent. The party against whom the complaint is
made.
O.C.G.A. Secs. 20-2-790, et seq.; 20-2-795.