07 LC 33
1668
House
Bill 250
By:
Representatives Maxwell of the
17th,
Jones of the
46th,
Rogers of the
26th,
Casas of the
103rd,
Dickson of the
6th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to professional standards, so as to revise certain
provisions relating to reports of criminal offenses to local boards of
education; to revise certain provisions relating to preliminary investigations
of violations; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to professional standards, is amended by revising subsection
(a) of Code Section 20-2-984.2, relating to reports of criminal offenses to
local boards of education, as follows:
"(a)
Superintendents, associate or assistant superintendents, or directors of
personnel shall make an immediate written report to the local board of education
upon receiving a written report from any identified school system personnel or
parent or custodian of a child enrolled in the school system that any school
system educator employed by the local unit of administration has
committed
been convicted
of any of the following specifically
identified crimes:
(1)
Murder, voluntary manslaughter, aggravated assault, aggravated battery, or
kidnapping, as defined in Chapter 5 of Title 16;
(2)
Any sexual offense, as provided for in Code Sections 16-6-1 through 16-6-17 or
Code Sections 16-6-20 through 16-6-22.2;
(3)
Any sexual exploitation of a minor as provided for in Code Section
16-12-100;
(4)
Any offense involving marijuana or a controlled substance, as provided for in
Chapter 13 of Title 16;
(5)
Any offense involving theft, as provided for in Articles 1 and 2 of Chapter 8 of
Title 16; or
(6)
Unlawfully operating a motor vehicle after being declared a habitual violator
for violating Code Section 40-5-54, 40-6-391, 40-6-392, or 40-6-394 or any
combination of such Code sections."
SECTION
2.
Said
part is further amended by revising subsection (a) of Code Section 20-2-984.3,
relating to preliminary investigations of violations, and inserting in lieu
thereof the following:
"(a)
Upon receipt of a written request from a local board, the state board, or one or
more individual residents of this state, the commission shall be authorized to
investigate:
(1)
Alleged violations by an educator of any law of this state pertaining to
educators or the profession of education;
(2)
Alleged violations by an educator of the code of ethics of the
commission;
(3)
Alleged violations by an educator of rules, regulations, or policies of the
state board or the commission;
(4)
Complaints alleging a failure by an educator to meet or comply with standards of
performance of the commission or the state board; or
(5)
Complaints alleging that an educator has been convicted of any
felony,
or
of any crime involving moral
turpitude, or
of any criminal offense involving the manufacture, distribution, trafficking,
sale, or possession of a controlled substance or
marijuana in the courts of this state or
any other state, territory, or country or in the courts of the United States.
As used in this paragraph, the term 'convicted' shall include a finding or
verdict of guilty or a plea of nolo contendere, regardless of whether an appeal
of the conviction has been sought; a situation where first offender treatment
without adjudication of guilt pursuant to the charge was granted; and a
situation where an adjudication of guilt or sentence was otherwise withheld or
not entered on the charge or the charge was otherwise disposed of in a similar
manner in any jurisdiction."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.