 |
GEORGIA CODE (Last Updated: August 20, 2013) |
 |
Title 20. EDUCATION |
|
|
Chapter 2. ELEMENTARY AND SECONDARY EDUCATION |
|
|
Article 17. TEACHERS AND OTHER SCHOOL PERSONNEL |
|
|
Part 7. TERMINATION, SUSPENSION, NONRENEWAL, DEMOTION, OR REPRIMAND |
| § 20-2-940. Grounds and procedure for terminating or suspending contract of employment |
| § 20-2-941. Notice of nonrenewal of contract of employment for ensuing year |
| § 20-2-943. Powers of local boards of education under this part |
| § 20-2-944. Letters of reprimand |
| § 20-2-945. Rules and regulations |
| § 20-2-946. Boards of education subject to this part |
| § 20-2-947. Part does not authorize contracts of employment |
| § 20-2-948. Reduction in force policies |
REFS & ANNOS
TITLE 20 Chapter 2 Article 17 Part 7 NOTE
LAW REVIEWS. --For article, "Teachers' Freedom of Expression Within the Classroom: A Search for Standards," see 8 Ga. L. Rev. 837 (1974).
For note discussing teachers' freedom of expression outside the classroom, see 8 Ga. L. Rev. 900 (1974).
JUDICIAL DECISIONS
CITED in Palmer v. State Bd. of Educ., 143 Ga. App. 315, 238 S.E.2d 255 (1977); Owen v. Long County Bd. of Educ., 245 Ga. 647, 266 S.E.2d 461 (1980); Rockdale County Sch. Dist. v. Weil, 245 Ga. 730, 266 S.E.2d 919 (1980).
OPINIONS OF THE ATTORNEY GENERAL
PART HAS NO APPLICATION TO THE OFFICE OF COUNTY SCHOOL SUPERINTENDENT because the superintendent is a public officer rather than a school board employee, whether or not the superintendent is appointed and given a contract for a definite term by the county board of education. 1977 Op. Att'y Gen. No. U77-17.
TEACHER WHO ENDS A THIRD SCHOOL YEAR OF EMPLOYMENT UNDER CONTRACT, but has not yet been offered a fourth school year contract, is entitled to protections of O.C.G.A. § 20-2-940 et seq. if the local superintendent decides not to renew the contract for the fourth school year. 1981 Op. Att'y Gen. No. 81-94.
NONTENURED TEACHER NOT ENTITLED TO HEARING OR STATEMENT OF REASONS UPON NONRENEWAL. --O.C.G.A. § 20-2-940 et seq. does not require a hearing or a statement of reasons be given a nontenured teacher whose contract is simply not renewed. 1982 Op. Att'y Gen. No. U82-2.
No statement of reasons for nonrenewal of a nontenured teacher's contract is required. If a local school board desires to give reasons, the reasons should be given only orally in a private meeting between an appropriate school official and the teacher. 1982 Op. Att'y Gen. No. U82-2.
RESEARCH REFERENCES
AM. JUR. 2D. --68 Am. Jur. 2d, Schools, § 219 et seq.
Am. Jur. Proof of Facts. --Defense of a Teacher Charged with Unfitness to Teach, 38 POF3d 63.
Proof that a Teacher's License was Improperly Revoked: Teacher's Damages and Emotional Stress Award, 66 POF3d 541.
ALR. --Teacher as an officer whose right may be tested by quo warranto, 30 ALR 1423.
Teachers' tenure statutes, 113 ALR 1495; 127 ALR 1298.
Elements and measure of damages in action by schoolteacher for wrongful discharge, 22 ALR3d 1047.
Who is "teacher" for purposes of tenure statute, 94 ALR3d 141.
Sufficiency of notice of intention to discharge or not to rehire teacher, under statutes requiring such notice, 52 ALR4th 301.
Validity and construction of statutes, ordinances, or regulations requiring competency tests of schoolteachers, 64 ALR4th 642.
For note discussing teachers' freedom of expression outside the classroom, see 8 Ga. L. Rev. 900 (1974).
JUDICIAL DECISIONS
CITED in Palmer v. State Bd. of Educ., 143 Ga. App. 315, 238 S.E.2d 255 (1977); Owen v. Long County Bd. of Educ., 245 Ga. 647, 266 S.E.2d 461 (1980); Rockdale County Sch. Dist. v. Weil, 245 Ga. 730, 266 S.E.2d 919 (1980).
OPINIONS OF THE ATTORNEY GENERAL
PART HAS NO APPLICATION TO THE OFFICE OF COUNTY SCHOOL SUPERINTENDENT because the superintendent is a public officer rather than a school board employee, whether or not the superintendent is appointed and given a contract for a definite term by the county board of education. 1977 Op. Att'y Gen. No. U77-17.
TEACHER WHO ENDS A THIRD SCHOOL YEAR OF EMPLOYMENT UNDER CONTRACT, but has not yet been offered a fourth school year contract, is entitled to protections of O.C.G.A. § 20-2-940 et seq. if the local superintendent decides not to renew the contract for the fourth school year. 1981 Op. Att'y Gen. No. 81-94.
NONTENURED TEACHER NOT ENTITLED TO HEARING OR STATEMENT OF REASONS UPON NONRENEWAL. --O.C.G.A. § 20-2-940 et seq. does not require a hearing or a statement of reasons be given a nontenured teacher whose contract is simply not renewed. 1982 Op. Att'y Gen. No. U82-2.
No statement of reasons for nonrenewal of a nontenured teacher's contract is required. If a local school board desires to give reasons, the reasons should be given only orally in a private meeting between an appropriate school official and the teacher. 1982 Op. Att'y Gen. No. U82-2.
RESEARCH REFERENCES
AM. JUR. 2D. --68 Am. Jur. 2d, Schools, § 219 et seq.
Am. Jur. Proof of Facts. --Defense of a Teacher Charged with Unfitness to Teach, 38 POF3d 63.
Proof that a Teacher's License was Improperly Revoked: Teacher's Damages and Emotional Stress Award, 66 POF3d 541.
ALR. --Teacher as an officer whose right may be tested by quo warranto, 30 ALR 1423.
Teachers' tenure statutes, 113 ALR 1495; 127 ALR 1298.
Elements and measure of damages in action by schoolteacher for wrongful discharge, 22 ALR3d 1047.
Who is "teacher" for purposes of tenure statute, 94 ALR3d 141.
Sufficiency of notice of intention to discharge or not to rehire teacher, under statutes requiring such notice, 52 ALR4th 301.
Validity and construction of statutes, ordinances, or regulations requiring competency tests of schoolteachers, 64 ALR4th 642.