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2018 Georgia Code 20-2-983 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 20-2-983 Case Law from Google Scholar Amendments to OCGA 20-2-983

TITLE 20 EDUCATION

Section 2. Elementary and Secondary Education, 20-2-1 through 20-2-2180.

ARTICLE 17 TEACHERS AND OTHER SCHOOL PERSONNEL

20-2-983. Professional Standards Commission - Creation; composition; terms, qualifications, appointment, and removal of members; filling of vacancies.

  1. The Professional Standards Commission existing June 30, 1991, is abolished and the term of office of the members of such abolished commission shall expire July 1, 1991. A new Professional Standards Commission is created and attached to the Office of Planning and Budget for administrative purposes only. The commission shall consist of 18 members to be appointed by the Governor, subject to the provisions of subsections (b) and (c) of this Code section. The term of office of members of the commission shall be three years; except the initial appointments shall begin July 1, 1991, and shall be: six for one year, six for two years, and six for three years. Members of the commission may serve until their successors are appointed and qualified. A member may be reappointed to the commission only one time. Vacancies shall be filled for unexpired terms in the same manner as the original appointments. If a member for any reason discontinues employment or service in the category from which he or she was appointed, that person may not be eligible for reappointment to the commission as a representative of that category. If a member elects to take employment outside the State of Georgia, that person is no longer eligible to serve on the commission. The Governor may remove any member from the commission for misconduct or malfeasance in office, incapacity, or neglect of duty. All members of the commission are to be confirmed by the Senate. Any appointment made by the Governor when the Senate is not in session shall be effective until the appointment is acted upon by the Senate.
  2. The membership of the commission shall consist of:
    1. Nine teachers, not more than one of whom shall be from a state or regionally accredited private school, holding a valid professional certificate; including at least two classroom teachers assigned within the grades kindergarten through five, two classroom teachers assigned within the grades six through eight, and two classroom teachers assigned within grades nine through 12;
    2. Two administrators actively engaged in administration and holding a valid professional certificate;
    3. Two faculty members from state or regionally approved teacher education institutions;
    4. Two members of local boards of education; and
    5. Three representatives of business or other private sector groups with an interest in improving Georgia public schools.
  3. Appointments shall be made by the Governor with consideration given to nominees submitted by professional educator organizations and other education organizations.
  4. All members of the commission, except representatives of teacher education institutions, members of local boards of education, and the representatives of business or other private sector groups, shall hold valid professional Georgia teaching certificates and shall have been actively engaged in teaching or providing related educational, administrative, or supervisory services in an approved school or approved institution of higher education with state or regionally approved teacher education programs for at least three years immediately preceding appointment.All members of the commission shall be residents of the State of Georgia.
  5. The commission may remove any commissioner from office for neglect of duty, incompetency, or revocation or suspension of his or her certificate issued by the Professional Standards Commission or when such commissioner ceases to be employed full time as an educator in the capacity and position from which he or she was appointed. After such removal, or in the event of a vacancy due to death, resignation, or for any other reason, the Governor shall appoint a successor as provided in this Code section to serve the unexpired term.

(Ga. L. 1976, p. 966, §§ 3, 4; Ga. L. 1979, p. 1065, §§ 1, 2; Code 1981, §20-2-983, enacted by Ga. L. 1982, p. 836, § 2; Ga. L. 1984, p. 22, § 20; Ga. L. 1986, p. 10, § 20; Ga. L. 1991, p. 1546, § 1; Ga. L. 1992, p. 2365, § 4; Ga. L. 1998, p. 750, § 5; Ga. L. 2002, p. 397, § 3.)

JUDICIAL DECISIONS

Revocation of teacher's certificate.

- Superior court exceeded the court's authority in overturning the Professional Standards Commission's (PSC) decision to revoke a teacher's teaching certificate because the PSC's decision had a rational basis since the record contained evidence of an adverse consequence to a female student as well as evidence about the teacher's lack of leadership and unprofessional behavior; the PSC, as the state agency charged with authority to revoke, suspend, or deny a teaching certificate, O.C.G.A. §§ 20-2-983 and20-2-984(f), is responsible for determining the appropriate sanction for an ethics violation, and the available sanctions include revocation of the educator's teaching certificate, and the superior court is bound to uphold the PSC's judgment if there is any evidence to support the judgment. Prof'l Stds. Comm'n v. Adams, 306 Ga. App. 343, 702 S.E.2d 675 (2010).

OPINIONS OF THE ATTORNEY GENERAL

Holding over of members.

- Members of the Professional Standards Commission may not continue to serve past the members' appointed three-year terms and until the members' successors are appointed and qualified; members are public officers subject to O.C.G.A. § 45-2-4, in the absence of express language to the contrary. 1998 Op. Att'y Gen. No. 98-3.

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