FAQ's

The performance and conduct, as well as the rights and responsibilities, of all professional educators employed in Georgia public school systems are governed by constitutional provisions, state statutes and case law. State and local board policies, as well as policies, rules and regulations of the Georgia Professional Standards Commission, provide additional enforceable guidelines. Contracts of employment constitute binding bilateral agreements between a professional educator and a state or local employer.
The body of laws, policies, rules and regulations governing the teaching profession is too substantial to be discussed in detail here. Some general questions, with appropriate answers, which may be of particular concern to educators are listed below:

Link Down To Questions Concerning:

Contracts

Tenured Employees

Nontenured Employees

Demotion

Grounds For Termination Or Suspension

Employee Suspension

Insubordination

CONTRACTS

What is a contract of employment?
In order to begin employment in a local school system, the professional educator must have a valid Georgia Teaching Certificate and must have signed a contract of employment. It must be understood that in Georgia contracts for teachers can be issued for only one year at a time.
How can a contract of employment be terminated?
By mutual agreement—that means by resignation of the employee and the acceptance of such resignation by the employer.
By dismissal from employment for cause after a hearing is held.
What are the consequences if a professional employee resigns from his/her position without the consent of the employer?
Such act constitutes breach of contract and abandonment of position. It may subject the educator to action taken by the PSC to suspend or revoke the employee’s teaching certificate.Back to the Top
TENURED EMPLOYEES

What does "tenure" actually mean?
Every annual contract begins and expires of its own terms. For that reason, there can be no expectancy on the part of the employee to be offered a new contract at the end of the contract year, nor does an expectancy exist on the part of the employer that this year’s employee will accept a new contract offer for the ensuing year. That situation changes if and when the educator has signed four consecutive full-year contracts in the same school system, or if the employer has failed to notify the employee of nonrenewal of contract by April 15. Once the employee has signed a fourth contract by the same employer, he or she enjoys a standing commonly known as "tenure."
Acquiring "tenure" rights simply means that you enjoy a right to continued employment in that school system. In other words, the school system must renew your contract year after year unless good cause to nonrenew can be shown.
Can an employer ever forfeit his right to nonrenewal of a contract of a professional employee?
Yes. If he/she fails to notify such employee of the nonrenewal on or before April 15 of any year in which a contractual relationship exists.
Is there "tenure" in position?
No. There is no tenure in position; for instance, a principal is not tenured as a principal but as a professional employee of the school system in which he occupies the position of principal. Tenure will only protect an employee at a certain pay level, not in a particular position.
Do administrators have tenure?
No, except for those administrators who had acquired tenure prior to April 7, 1995. Beginning on April 7, 1995, administrative tenure was eliminated.
Does a "tenured" employee remain "tenured" if he transfers to a different school system?
No. However, the time which is needed to become tenured in the new school system is shortened from four consecutive contracts to two.
Can six or more half-year or half-time employments in the same system be considered as three or more full-year or full-time employments and thus count toward obtaining "tenure" status?
No. Part-time employees cannot acquire tenure status.
If, for instance, an educator becomes employed only a few days after school begins and if he/she remains employed throughout the contract year, does that not count toward tenure?
No. He/she must be a full-time employee for a full contract year.
Does school-board-granted extended leave of absence interrupt or end the educator’s tenure or tenured status?
No.
What changes did HB1187 make to the existing Tenure Law?
The only significant change was the added language: "A person who first becomes a teacher on or after July 1, 2000 shall not acquire any rights under OCGA—20-2-942 to continued employment as a teacher." A teacher who had acquired any rights to continued employment under Code Section 20-2-942 prior to July 1, 2000 shall retain such rights.
However, although HB1187 eliminated tenure for beginning teachers after July 1, 2000, SB193 reinstated tenure for all teachers beginning July 1, 2004

Back to the Top
NONTENURED EMPLOYEES

Can a "nontenured" teacher’s contract be nonrenewed?
Yes. For example—A system can simply state that the teacher’s services are no longer needed. The system must do this by April 15th.
Must reasons for nonrenewal of contract of a "nontenured" teacher be given?
Upon request, a written explanation for failure to renew a contract shall be made available to any certified personnel by the superintendent.
Can a nonrenewal of contract of a "nontenured" teacher ever be challenged successfully?
Yes. If such nonrenewal is based on constitutionally impermissible grounds, such as age or race discrimination.Back to the Top
DEMOTION

What constitutes demotion?
The reassignment of an educator from one position to another having less responsibility, prestige and salary.Back to the Top
GROUNDS FOR TERMINATION OR SUSPENSION

For what reasons may the contract of employment of a teacher, principal or other employee having a contract for a definite term be terminated or suspended?
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;
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.Back to the Top
EMPLOYEE SUSPENSION

What is the difference between an employee’s suspension and a temporary relief of duties?
A suspension is a punitive action imposed on the employee which 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 which warrants such action is of such a nature that his continued presence in the classroom or in the administrative office is indefensible. In the case of temporary relief from duties, a hearing for the purpose of adjudicating the charges against the educator must be made available to the educator within ten working days after he has been relieved from duty.Back to the Top
INSUBORDINATION

What is insubordination?
The willful nonadherence to a direct order, verbally or in writing, which is reasonable in nature and which is given with or by the proper authority.
Can insubordination and willful neglect of duty be found in one and the same conduct?
Yes. More often than not they go hand in hand.
Can an educator’s constitutional right to free speech ever be limited within the school setting?
Yes. Under limited circumstances.

Back to the Top