From the PAGE Legal Team: Great Information to Know

Legal Rights & Responsibilities of Georgia Educators

It is essential to be aware of your legal rights and responsibilities as a Georgia educator. PAGE Legal shares this great information to know…

Strategic Waiver District and Charter Districts

Each school district in Georgia is classified as either a Strategic Waiver District or a Charter District (with the exception of one district which is a No Waiver District). The classification of your district impacts specific rights related to contracts, tenured and non-tenured employees, and termination and suspension. The Georgia Legislature gives school districts the ability to opt out of the laws that impact each of these categories. The information below should be considered a general guide. For specific information related to your district, please contact the PAGE legal department.

Contracts

Educators must have a signed contract of employment to teach in a Georgia school system. Contracts are binding agreements between an educator and the state or local employer. A contract can be terminated by:

• Mutual agreement, which means by resignation of the employee and acceptance of the resignation by the employer; or

• Dismissal from employment.

  
  

Resigning without the employer’s consent may constitute breach of contract and abandonment of position. In such cases, the Georgia Professional Standards Commission (GaPSC) may sanction one’s teaching certificate, and the school system may pursue legal action for breach of contract or seek liquidated damages — if permitted by the contract.

Tenured and Non-Tenured Employees

Contracts have a one-year term; there is no guarantee that you will be offered a new contract. That situation changes if the educator has tenure. Tenure means that an educator has the right to expect a contract for the following year or due process in accordance with Georgia’s Fair Dismissal Act if the district wishes to non-renew the educator. To achieve tenure, the educator must sign four consecutive, full-year, full-time teaching contracts in the same school system, and be in a district that has not waived tenure per its charter or strategic waiver.

If a tenured employee transfers to a different school system, the time needed to become tenured in the new system is shortened to one year plus the acceptance of a second-consecutive contract; or if the employer failed to notify the employee of nonrenewal of contract for the second-consecutive year by May 15.

A school system can choose to non-renew the contract of a non-tenured teacher by sending written notification of non-renewal by May 15. Upon the request of a non-renewed employee, state law requires local systems give a written explanation for the reasons of non-renewal.

Charter and Strategic Waiver systems/ schools can be exempt from the state law that affords an educator tenure. If an educator teaches in one of these districts, he or she should consult their board policies to see if the district still retains the right to tenure.

Termination and Suspension

An educator may have his or her contract terminated or suspended for the following reasons: incompetency; insubordination; 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 of education; reducing 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. A suspension without pay must be preceded by formal charges and a hearing. A temporary relief from duties is always given with pay and occurs when the educator’s alleged conduct is of such a nature that his or her continued presence in the classroom or administrative office is indefensible. In the case of temporary relief from duties, a hearing to adjudicate the charges must be made available to the educator within 10 working days after he or she has been relieved from duty.

Insubordination is the willful nonadherence to a reasonable direct order issued by a proper authority. More often than not, insubordination and willful neglect of duty go hand in hand.

Suspensions are also governed by Georgia law, so an educator should familiarize himself with his district’s waiver or charter to determine what rights his district has retained regarding suspension.

School Board Records

Pursuant to the Georgia Open Records Law, all state, county, and municipal records (except exempted records) are open for inspection by any Georgia citizen. The person in charge of the records has up to three business days to determine whether a requested record is accessible under the law. The Georgia Open Records Act is not affected by a system’s charter or strategic waiver status; the Act applies to all districts.

Records not subject to public disclosure include the following:

• Records that reveal a public school employee’s home address, home phone number, Social Security number, insurance, or medical information.

• Performance evaluation records. (Performance evaluations shall not be transferred to another employer or potential employer unless authorized in writing by the person who was evaluated.); and

• Confidential evaluations/references submitted in connection with the hiring of an employee. The right of privacy extends only to freedom from unnecessary public scrutiny. It does not protect a legitimate inquiry into the operation of a government and those employed by it.

Tips for Heading Off Legal Problems

As each new school or calendar year begins, there is always a combination of excitement and apprehension. What if you get a student who occasionally exhibits violent behavior? What if a parent is overly protective of his or her child and would not hesitate to file a lawsuit against you for the slightest slip up on your part? Or, what if you have a new principal who scrutinizes and second-guesses everything you do? Below, PAGE Legal, shares great information to know…

To help you avoid legal problems, follow this advice:

• Report suspected child abuse in writing within 24 hours of the time you first have reason to believe that a student in your care has been abused. Keep a copy of that report for your records. In most Georgia school districts, you are to report the suspected abuse to a designated authority in your school. (However, some districts have you report directly to DFCS.) Check your school’s written policy. “Child abuse” means physical injury or death inflicted upon a child by a parent or caretaker by other than accidental means; neglect or exploitation of a child by a parent or caretaker; emotional or sexual abuse of a child; or sexual exploitation of a child.

• Report all incidents of bullying in writing as soon as possible: physical, mental, or cyber. Keep a copy of that report for your records.

  
  

• Do not permit a student to be alone with you in a closed area. Furthermore, do not drive a student home from an after-school event unless absolutely necessary, and even then, always have another person in the car with you. If at all possible, secure written permission from an administrator.

• Force against a student may not be used unless it is absolutely necessary to defend yourself or protect someone else from injury.

• Do not leave your class unattended, especially if a fight has started between students. In case of such emergencies, have a designated student in your class go to the front office for assistance. Teachers have a duty to exercise proper supervision over students in their classes and reasonable care to prevent injury to them.

• Corporal punishment may only be administered by the principal or the principal’s designee and authorized by written policy adopted by the school board. Even if you are authorized to administer corporal punishment, strict guidelines must be followed.

• Do not search a student’s body (i.e., “strip search”) even if you believe you have probable cause that warrants a search. In almost every case, strip searches of students are found to be a violation of students’ Fourth Amendment rights.

• Do not change a young child’s underwear or diapers unless another adult is present.

• Follow the chain of command if you have a complaint. First, go to your immediate supervisor, and then move up the chain of command.

• Do not tutor one of your students for compensation or solicit parents or students to purchase goods or services from you.

• Keep accurate records and receipts in the collection and disbursement of school monies (for example, school clubs or athletic events).

• Always maintain a professional relationship with students, even if they may be close to your age. Do not have a relationship with a student outside of school or school activities. This includes contacting students over social media.

  
  

• Do not establish electronic relationships with students through email, text, or social media that do not relate directly to school. Any use of electronic communication with students should first be approved by your administrator.

  
  

Handle IEP Documents and Child Abuse Reporting with Extreme Care

One of the most important areas of school law in Georgia is the Professional Standard Commission’s implementation and interpretation of the Code of Ethics for Educators. The Code of Ethics defines the required professional behavior of educators. All educators in Georgia, from paraprofessionals to superintendents, hold a license issued to them by the PSC. Failure to follow the Code of Ethics can result in the PSC issuing sanctions against an educator’s certificate. The following guidance from PAGE Legal is great information to know…

The Code of Ethics consists of 10 standards of conduct. It is imperative for educators to maintain familiarity with all 10 standards. While some unethical conduct is very clear (i.e., don’t become romantically involved with a student), there are seemingly murkier areas where educators often have the right intentions, but those intentions lead to the wrong results. Two areas that pose potential minefields for educators are handling Individualized Education Program documents and mandated reporting of child abuse.

Individualized Education Program Documents

An IEP document is a federally mandated document for children with special needs and/or learning disabilities. Generally, an IEP document identifies the student and his/her disability, and it includes accommodations that the school must implement in order for the child to be successful. IEPs are governed by the federal Individuals with Disabilities Education Act (IDEA).

There are several mistakes in the IEP process that may result in a sanction from the PSC. First, drafting, revising, updating, or amending an IEP requires an IEP meeting. This meeting involves the parent(s), student, special education teacher, regular education teacher, and administrator. At the end of the meeting, each person involved signs off on the IEP. Do not sign an IEP document without having an IEP meeting with everyone in the room at the same time. Sporadic contact, such as phone calls to parents regarding the IEP, emails among faculty members about the IEP, or discussing the case outside of the IEP meeting, does not constitute the actual IEP meeting. No educator should sign her/his name unless she/he was actually in the meeting with all of the others present. Such action, in the eyes of the PSC, constitutes dishonest conduct under Standard 4. Moreover — and this should come as no surprise — there is no reason to sign someone else’s name to an IEP. This also is considered unethical conduct under Standard 4.

Failure to implement the IEP does not always constitute unethical conduct; however, it could result in the parent filing a complaint with the U.S. Department of Education. For example, if the IEP mandates that a student must have all assessments read aloud to him/her, then this must happen, even if the student indicates that he/she wishes to waive the right. While this may not be considered unethical conduct, it could result in adverse employment action, such as a reprimand, termination, or non-renewal.

Required Reporting of Child Abuse

Georgia law mandates that all school employees are required reporters of child abuse. Ethically, this is codified as Standard 8. If you suspect that a child has been abused, you must report your suspicions in writing within 24 hours. Most school systems in Georgia require that an educator submit this report to someone at the school, such as a school counselor or administrator. Some school systems require educators to report directly to the Department of Family and Children Services. Regardless, it is important for all educators to familiarize themselves with the reporting procedures of their respective district at the beginning of the school year.

Failure to report child abuse often results in the PSC issuing severe sanctions, particularly when a child has been harmed after the educator became aware of the abuse. Because of the criminal component of the reporting statute, several Georgia educators have been arrested for failure to report. Educators who file mandated reports should also keep thorough documentation regarding the report.

All PAGE members confronted with questions about ethics should contact the PAGE Legal Department for guidance.

A Dozen Documents to Keep

Your career as an educator will likely span many years and several locations. Insight into documentation that’s important to keep is great information to know…

1. College transcripts from every college you attended: K-12 systems often require that universities send an official transcript directly to them, but a student copy can assist you in completing applications and employment-related papers.

2. GACE, Praxis or Graduate Record Examination (GRE) scores: Obtaining copies of test scores later can be time consuming and expensive.

3. Letters of recommendation: Letters of recommendation document your on-the-job performance and are important in determining future career opportunities.

4. Teaching contracts: A copy of each signed contract is important because it verifies your employment with a school system and your length of service.

5. Payroll records: Pay stubs and tax documents issued by your school system record your salary, as well as your tax deductions, retirement plan, Social Security contributions and insurance costs.

6. Sick leave: These records show how much remaining sick leave you have available before deductions are taken from your salary. In Georgia schools, two years of sick leave may be accumulated and used toward retirement upon completion of 28 years of service.

7. Evaluations and professional development plans: Retain all documents pertaining to your performance evaluations, responsibilities, and employment status, including commendations or recommendations. If you have formally disagreed with any part of an evaluation or professional development plan, attach a copy of your written response to the file.

8. Major correspondence from district administrators: Letters of appointments to committees and positions of leadership or recognition help keep your résumé strong and current.

9. Copies (or at least computer screen shots) of conference or workshop programs listing you as a presenter/contributor: This résumé-boosting documentation will improve your accuracy and confidence in citing your participation.

10. Activities, accomplishments, and awards: Keep a running list of in-service training, subject specialization, classes/subjects taught, extracurricular responsibilities, special skills and honors/awards. It will make updating your résumé a breeze.

11. Records of severe student matters and suspected child abuse: These records concern any major student problem that involves hearings and/or court proceedings. Report suspected child abuse in writing within 24 hours of the time you first have reason to believe that a student in your care has been abused.

12. PAGE membership: A current PAGE membership provides you with liability coverage and immediate access to legal advice.