Teacher Tenure
The Columbia County Board of Education honors continued employment rights as outlined by Georgia Law, the Fair Dismissal Act. Provisions of the Fair Dismissal Act are as follows (O.C.G.A. §§ 20-2-940, 20-2-941, 20-2-94):
I. “School year” means a period of at least 180 school days beginning in or about September and ending in or about June.
II. “School year contract” means a contract of full-time employment between a teacher and a local board of education covering a full school year. A contract of employment for a portion of a school year shall not be counted as a school year contract, nor shall contracts of employment for portions of a school year be cumulated and treated as a school year contract. A contract of employment for any time outside a school year shall not be counted as school year contract, nor shall contracts of employment for time outside a school year be cumulated and treated as a school year contract. A school year contract is deemed included within a contract of full-time employment between a teacher and a local board of education covering a full calendar or fiscal year.
III. “Teacher” means any professional school employee certified by the Professional Standards Commission.
IV. A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education may be demoted or the teacher’s contract may not be renewed only for the following reasons: (1) incompetence; (2) insubordination; (3) willful neglect of duties; (4) immorality; (5) inciting, encouraging, or counseling students to violate any valid state law, municipal ordinance, or policy or rule of the local board of education; (6) to reduce staff due to loss of students or cancellation of programs; (7) failure to secure and maintain necessary educational training; or (8) any other good and sufficient cause.
V. A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education and who is notified that he or she is to be demoted or that his or her contract will not be renewed has the right to the specified procedures set forth by law before the intended action is taken. A teacher who has the right to these procedures must notify the superintendent of the local board employing the teacher within 14 days of the day the notice of the intended action is served that he or she requests that the procedures be implemented. Within 14 days of service of the request to implement the procedures, the local board must furnish the teacher notice that complies with the requirements of (1) written notice of charges which outlines the causes for the action, (2) notification of the names of witnesses to be used, (3) a summary of the evidence, (4) the time and location of the hearing, and (5) the availability of compulsory process or subpoena requiring the attendance of witnesses and production of documents, upon request of the charged employee.
VI. A teacher is deemed to have accepted a fourth consecutive school year contract if, while the teacher is serving under the third consecutive school year contract, the local board does not service notice on the teacher by April 15 that it intends not to renew the teacher’s contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by May 1 of the third consecutive school year that he or she does not accept the fourth consecutive school year contract.
VII. A teacher who has satisfied the conditions set forth in Section IV of this subsection who is subsequently employed by another local board of education and who accepts a second consecutive school year contract from the local board at which the teacher is subsequently employed may be demoted or the teacher’s contract may not be renewed only for those reasons set forth by law. The provision set forth in paragraph V of this subsection shall likewise apply to such a teacher.
VIII. A teacher is deemed to have accepted a second consecutive school year contract if, while the teacher is serving under the first school year contract, the local board does not serve notice on the teacher by April 15 that it intends not to renew the teacher’s contract for the ensuing school year, and the teacher does not serve notice in writing to the local board of education by May 1 of the first school year that he or she does not accept the second consecutive school year contract.
IX. Provision of the Fair Dismissal Law are not applicable to coaching duties or responsibilities.
The provisions of tenure were changed by the A Plus Education Reform Act of 2000 to eliminate tenure for teachers with the exception of those teachers already tenured or those in the track to become tenured.