Ga. Comp. R. & Regs. 506-2-.02

Current through Rules and Regulations filed through October 29, 2024

Rule 506-2-.02 - Method of Operation

(1)Adoption and Maintenance of Standards of Performance and a Code of Ethics. It shall be the duty of the Commission to adopt and maintain standards of performance and code of ethics for educators. The standards of performance and code of ethics shall represent standards of performance and conduct which are generally accepted by educators of this State. In adopting the standards of performance and code of ethics, the Commission shall seek the advice of educators of this State. The standards of performance and code of ethics adopted by the Commission shall be limited to professional performance and professional ethics. Upon the adoption by the Commission of the standards of performance and the code of ethics, educators of this State shall be obliged to meet and comply with such standards of performance and to abide by such code of ethics.

(2) Investigations and Recommendations in Disciplinary Actions.

(a)Jurisdiction. Upon request as provided in subparagraph (b) below, the Commission shall be authorized to investigate:

1.Violations of the Law. Alleged violations by an educator of any law of this State pertaining to educators or the profession of education;

2.Violations of Ethics. Alleged violations by an educator of the code of ethics of the Commission;

3.Violations of Rules. Alleged violations by an educator of rules, regulations or policies of the State Board, the Professional Standards Commission, the Commission, or of a Local Board; or

4.Failure to Meet Standards. Alleged failures by an educator to meet or comply with standards of performance or code of ethics of the Commission, the State Board, The Professional Standards Commission, or a Local Board.

(b)Requests. The Commission shall not be authorized on its own motion to make an investigation pursuant to subparagraph (a) above, but may make such an investigation:

1.Local Board. Upon the request of a Local Board;

2.State Board. On the request of the State Board;

3.Professional Standards Commission. On the request of the Professional Standards Commission.

4.Residents. Upon the request of one or more individual residents of this State.

(c)Notification. If the Commission agrees to make an investigation pursuant to an request made pursuant to subparagraphs 2., 3., or 4. of subparagraph (b) above, and if the proposed investigation involves one or more educators employed by a Local Board, the Commission shall, prior to beginning such investigation, notify, in writing, the Local Board employing the educator(s) of the following:

1.Complainants. The names and addresses of the parties making the complaint that gave rise to the proposed investigation;

2.Employees. The names of the educators employed by the Local Board who are proposed to be investigated; and 3. Explanation. An explanation of the complaint made against the educators employed by the Local Board.

(d)Conduct of the Investigations. In making an investigation as authorized by these regulations, the Commission shall:

1.Hearings. Be authorized to conduct probable cause and plenary hearings;

2.Oaths. Have the power to administer oaths and affirmations; and

3.Subpoenas. Have the power to issue subpoenas in the name of the Commission to compel the attendance of witnesses and the production of documents and other things to be used as evidence. Such subpoenas shall be served in any manner now or hereafter provided for service of subpoenas issued by the Superior Courts. In the event any person fails or refuses to obey a subpoena issued under this subparagraph, such failure or refusal shall constitute contempt of the Commission. Upon application by the Commission to the Superior Court of the Country wherein such person resides or is found, the Superior Court shall have power, after notice and hearing, to adjudge such person in contempt and to punish such person by a fine not exceeding three hundred dollars or by imprisonment not exceeding twenty days or by both such fine and imprisonment and to enter such other orders and make such other action as may be necessary to enforce compliance with obedience to the subpoena. At any such hearing, the person subpoenaed shall be entitled to make any defense and to show any valid reason why he failed or refused to comply with the subpoena.

(e)Recommendations. Upon its completion of any investigation authorized by these rules, the Commission may furnish to the Local Board, the State Board, the Professional Standards commission, or any combination of these, findings of fact, conclusions of law, and recommendations. Based on its findings of fact and conclusions of law, the Commission may recommend that no action be taken against the educators involved if the Commission, in its investigation, found that the complaints against the educators were not justified. If the Commission, in its investigation, found justification for the complaints against the educators involved, it may recommend any combination of the following actions:

1.Warning and Reprimand. That the educators be warned or reprimanded;

2.Termination, Suspension or Non-Renewal of Contracts. That the contracts of the educators be terminated, suspended, or not renewed; or

3.Suspension, Revocation or Denial of Certificate. That the certificate of the educator be suspended, revoked or the application for a certificate be denied.

(3)Hearings on Behalf of Local Boards. In any case in which a Local Board seeks to terminate or suspend the contract of employment of a teacher, principal, or other employee having a contract for a definite term, the Local Board may request that the Commission serve as a tribunal to hear the case. In such an instance, the Commission shall appoint a tribunal which shall hear the matter and shall file its findings, conclusions, and recommendations with the Local Board within five days of the conclusion of the hearing, unless waived by the consent of both parties, and the Local Board shall render its decision thereon.

(4)Consultative Services. In addition to making recommendations to Local Boards, the State Board, or to the Professional Standards Commission, the Commission may provide consultative services pertaining to the teaching profession to anyone who has a vested interest in education and may make recommendations to the Local Boards, or to the State Board, or the Professional Standards Commission, which will promote an improvement in the teaching profession. The Commission shall be authorized to hold meetings for the purposes of determining recommendations pursuant to this subsection; and at such meetings, the Commission may receive testimony from educators or other persons interested in the improvement of the teaching profession; but the powers of the Commission to conduct probable cause and plenary hearings, to administer oaths and affirmations, and to issue subpoenas shall not be exercised pursuant to the authority of this subparagraph.

Ga. Comp. R. & Regs. R. 506-2-.02

O.C.G.A Secs. 20-2-790, et seq.; 20-2-940(e)(1).

Original Rule entitled "Method of Operation" was f. May 5, 1989; eff. May 25, 1989.

Amended: F. Apr. 7 1994; eff. Apr. 27, 1994.