Georgia House of Representatives - 1995/1996 Sessions

HB 503 - Teachers and school personnel; contracts; criminal record checks

Page Numbers - 1/ 2/ 3/ 4

Code Sections - 20-2-211

1. Childers  13th         2. Hugley  133rd           3. White  161st
4. Cummings  27th         5. Taylor  134th           6. Chambless  163rd


House Comm: Ed         /                Senate Comm:            /                                   
House Vote: Yeas       Nays             Senate Vote: Yeas     Nays                                  
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               House          Action         Senate                                                 
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              1/31/95  Read 1st Time                                                                
              2/1/95   Read 2nd Time                                                                
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Code Sections amended:                                                                              


HB 503                                            LC 11 8522






                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 20-2-211 of the Official Code of
  1- 2  Georgia Annotated, relating to contracts of teachers and
  1- 3  other school personnel, so as to change which personnel are
  1- 4  eligible for such contracts and provide for criminal record
  1- 5  checks for those personnel; to provide an effective date; to
  1- 6  repeal conflicting laws; and for other purposes.

  1- 7       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1- 8  Code Section 20-2-211 of the Official Code of Georgia
  1- 9  Annotated, relating to contracts of teachers and other
  1-10  school personnel, is amended by striking that Code section
  1-11  and inserting in its place a new Code section to read as
  1-12  follows:

  1-13    "20-2-211. (Index)

  1-14    (a) All teachers, principals, other certificated
  1-15    professional personnel, and other personnel of a local
  1-16    unit of administration shall be employed and assigned by
  1-17    its governing board on the recommendation of its executive
  1-18    officer.  Minimum qualifications for employment of all
  1-19    personnel may be prescribed by the State Board of
  1-20    Education unless otherwise provided by law. Employment
  1-21    contracts of teachers, principals, and other certificated
  1-22    professional personnel shall be in writing and shall be
  1-23    signed in duplicate by such personnel on their own behalf
  1-24    and by the executive officer of the local unit of
  1-25    administration on behalf of its governing board.

  1-26    (b) Any other provisions of this article or any other laws
  1-27    to the contrary notwithstanding, each local governing
  1-28    board shall, by not later than April 15 of the current
  1-29    school year, tender a new contract for the ensuing school
  1-30    year to each teacher and other professional employee
  1-31    certificated by the Professional Standards Commission on
  1-32    the payroll of the local unit of administration at the



                                 -1- (Index)

                                                  LC 11 8522

  2- 1    beginning of the current school year, except those who
  2- 2    have resigned or who have been terminated, or shall notify
  2- 3    in writing each such teacher or other certificated
  2- 4    professional employee of the intention of not renewing his
  2- 5    or her contract for the ensuing school year.  When such
  2- 6    notice of intended termination has not been given by April
  2- 7    15, the employment of such teacher or other certificated
  2- 8    professional employee shall be continued for the ensuing
  2- 9    school year unless such employee has been removed in the
  2-10    manner as provided in Code Section 20-2-940 or unless the
  2-11    teacher or certificated professional employee elects not
  2-12    to accept such employment by notifying the local governing
  2-13    board or executive officer in writing not later than May
  2-14    1.

  2-15    (c) Any other provisions of this article or any other laws
  2-16    to the contrary notwithstanding, no local governing board
  2-17    shall employ any person as a teacher who has been
  2-18    discharged from the armed forces of the United States with
  2-19    a dishonorable discharge as a result of desertion or any
  2-20    person who has fled or removed himself or herself from the
  2-21    United States for the purpose of avoiding or evading
  2-22    military service in the armed forces of the United States,
  2-23    excluding those who have been fully pardoned.

  2-24    (d) Each local school system shall have a job description
  2-25    for each certificated professional personnel
  2-26    classification, shall have policies and procedures
  2-27    relative to the recruitment and selection of such
  2-28    personnel, and shall adhere to such recruitment and
  2-29    selection policies and procedures. Such policies and
  2-30    procedures shall assure nondiscrimination on the basis of
  2-31    sex, race, religion, or national origin.  Such policies
  2-32    and procedures shall also include the announcement in
  2-33    writing of the availability of all certificated positions
  2-34    to the appropriate colleges and universities in the state
  2-35    and to the Department of Education.  A local board of
  2-36    education may also announce such positions in the legal
  2-37    organ of the county in which the school system is located
  2-38    and to colleges and universities in other states.

  2-39      (e)(1) Each person to be issued a contract of employment
  2-40      for the first time by a local unit of administration
  2-41      after July 1, 1994, as a teacher, principal, or other
  2-42      certificated professional personnel shall be
  2-43      fingerprinted and have a criminal record check made as
  2-44      required by this subsection prior to the issuing of a



                                 -2- (Index)

                                                  LC 11 8522

  3- 1      contract.  The local unit of administration shall have
  3- 2      the authority to employ a person or persons under a
  3- 3      provisional or temporary contract for a maximum of 120
  3- 4      days to allow for the receipt of the results of the
  3- 5      criminal record check.

  3- 6      (2) Fingerprints shall be in such form and of such
  3- 7      quality as shall be acceptable for submission to the
  3- 8      National Crime Information Center under standards
  3- 9      adopted by the Federal Bureau of Investigation or the
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  3-11      duty of each law enforcement agency in this state to
  3-12      fingerprint those persons required to be fingerprinted
  3-13      by this subsection.

  3-14      (3) At the discretion of local units of administration,
  3-15      fees required for a criminal record check by the Georgia
  3-16      Crime Information Center, the National Crime Information
  3-17      Center, the Federal Bureau of Investigation, or the
  3-18      United States Department of Justice prior to the
  3-19      issuance of any contract of first employment of such
  3-20      person shall be paid by the local unit of administration
  3-21      or the individual seeking employment.

  3-22      (4) It shall be the duty of the State Board of Education
  3-23      to submit this subsection to the Georgia Bureau of
  3-24      Investigation for submission to the Federal Bureau of
  3-25      Investigation and the United States Department of
  3-26      Justice for their consent to conduct criminal record
  3-27      checks through the National Crime Information Center as
  3-28      required by federal law, rules, or regulations.  No
  3-29      criminal record checks through the National Crime
  3-30      Information Center shall be required by this subsection
  3-31      unless and until such consent is given.

  3-32      (5) Information provided by the Georgia Crime
  3-33      Information Center or the National Crime Information
  3-34      Center shall be used only for the purposes allowed by
  3-35      Code Section 35-3-35 or by applicable federal laws,
  3-36      rules, or regulations.

  3-37      (6) The State Board of Education is authorized to adopt
  3-38      rules and regulations necessary to carry out the
  3-39      provisions of this subsection."

                         SECTION 2.

  3-40  This Act shall become effective on July 1, 1995.




                                 -3- (Index)

                                                  LC 11 8522

                         SECTION 3.

  4- 1  All laws and parts of laws in conflict with this Act are
  4- 2  repealed.













































                                 -4- (Index)