SUMMARY: LC 28 4964

Establishes a "Teacher Bill of Rights."

REQUIREMENTS:

• Each certificated teacher in Georgia public schools shall have the following rights:
  • to exercise independent thought and express constructive criticism
  • remove a disruptive student from the classroom and such student shall not be returned on that particular day
  • to file a grievance about an annual evaluation
  • participate in an annual evaluation of each administrator in the school
  • the teacher of the year at each school shall be nominated and selected solely by the anonymous vote of the teachers
  • to have an individual (not an attorney) of the teacher's choosing present in any disciplinary proceeding or conference
  • to have advance notice of such conference and be allowed to record the conference
  • if disciplinary hearing decisions by boards of education are not rendered within the required time frames, the complaint shall be considered in favor of the teacher

POINTS TO CONSIDER:

• how shall "independent thought and construction criticism" be defined?
• teachers already have the right to remove disruptive students from the classroom (20-2-738).  Students are returned to the class only with the teacher's consent or by decision of a placement review committee 
  • in small schools, there may be no options for alternative placement of the student
• procedures already exist if an employee disagrees with an evaluation in that local boards are a tribunal for hearing and determining any matter of local controversy in reference to the administration of school law (20-2-1160)
• 20-2-210 allows local school systems to require principals and assistant principals to have their performance evaluated annually by the teachers in the school
• manner of selection of the teacher of the year should not be the role of the General Assembly
• to have another person present when a supervisor is discussing issues with an employee and to allow recording of such discussion will create an atmosphere of animosity and legalism that will preclude resolution of the issue.  Representation by a teacher organization is a step toward collective bargaining.  

EFFECTIVE DATE: July 1, 2010