Chapter 505-6 PROFESSIONAL PRACTICES
|(1)||Introduction. The Code of Ethics for Educators defines the professional behavior of educators in Georgia and serves as a guide to ethical conduct. The Georgia Professional Standards Commission has adopted standards that represent the conduct generally accepted by the education profession. The code defines unethical conduct justifying disciplinary sanction and provides guidance for protecting the health, safety and general welfare of students and educators, and assuring the citizens of Georgia a degree of accountability within the education profession.|
following the denial of a certificate.
|(2)|| Reinstatement of a suspended certificate.
|(3)|| Revocation of a certificate is permanent
subject to the following provisions:
|(1)||Upon the educator's receipt of written notification that an educator is the subject of an investigation, it shall be the duty of the educator to notify the Commission in writing of any change in the educator's home or employment address until the Commission issues a final decision in the matter.|
|(2)||During this period, the mailing by certified mail of any notice, correspondence, or order regarding an investigation or disciplinary action to the last address specified by the educator after receiving written notice of the investigation, or if the commission has not received a change of address from the educator, the address at which the educator received written notification of an investigation shall constitute proper service upon the educator. If the commission has been notified in writing that the educator is represented by legal counsel, the commission shall also send a copy of any notice to the educator's legal counsel. Notice by certified mail pursuant to O.C.G.A. § 20-984.4(d.1) shall be complete upon mailing.|
|(1)||Request for Hearing - To
contest the Commission's proposed disciplinary sanction, an educator must
request a hearing within thirty (30) calendar days after service of notice of
the Commission's probable cause finding and proposed sanction.
|(2)||Extended Time for
Request - The Commission may, in the exercise of its discretion for good
cause shown, allow a request for hearing to be made beyond the thirty (30)
calendar day period.
|(3)||Denial or Dismissal of Hearing Requests - A request for hearing
may be denied or dismissed for the following reasons:
|(4)||Filing of Answer - Within
thirty (30) calendar days after service of the Notice of Hearing issued by the
Administrative Law Judge of the Office of State Administrative Hearings, the
educator must, under oath, answer and respond by filing an Answer with the
Office of State Administrative Hearings either admitting, claiming insufficient
knowledge to admit or deny, or denying each and every allegation contained in
the Statement of Matters Asserted attached to the Notice of Hearing. If
represented by counsel, the answer may be filed by the educator's counsel and
need not be verified under oath by the educator.
|(1)||Purpose. The purpose of this rule is to specify the procedure of review of the initial decision of a hearing officer pursuant to a request from the respondent educator or the Georgia Professional Standards Commission.|
|(2)||The initial decision in all cases before the Office of State Administrative Hearings shall become the Final Decision of the Georgia Professional Standards Commission without further agency action and without expiration of the thirty (30) day review period otherwise provided for in O.C.G.A. 50-13-41.d.5. The effective date of such Final Decision shall be the date of filing of the Final Decision with the Georgia Professional Standards Commission.|
|(1)|| A request to the Commission to stay the
enforcement of a final decision pending superior court review must be made in
writing and must contain a statement clearly outlining why a stay should be
|(1)||Monitoring is the Commission's quarterly appraisal of an educator's conduct while employed in a Georgia public or private school for a period of time specified by the Commission. Monitoring may be the only disciplinary action or may be used in conjunction with a suspension, reprimand or warning.|
|(2)||When the Commission approves a final decision that includes monitoring, the period of monitoring begins on the first day after the effective date of the decision or following reinstatement of certification from a suspension.|
|(3)||Educators who have received the monitoring sanction must advise the Commission of any change in their residence and/or employment status. Failure to so inform the Commission or failure to respond to requests regarding residence or employment status shall be deemed a violation of the monitoring sanction.|
|(4)||During the period of monitoring, the educator's place of employment will be contacted quarterly to determine the educator's conduct. Monitoring may include a review of the educator's conduct, personnel records, and any records of appropriate law enforcement agencies. As a condition of monitoring, an educator may be required to submit a criminal background check (GCIC).|
|(5)||Should the Commission receive information that the educator has failed to comply with the monitoring conditions or with the law and rules regulating his/her practice as an educator during the period of monitoring, it shall be considered grounds for additional disciplinary action against the educator's certificate.|
|(6)||If the monitoring period has ended and the educator has not been employed as an educator in a Georgia school during the monitoring period, the case will be closed. Should the educator ever become employed in a Georgia school or submit a new application for new or renewed certification, a new case number will be assigned and an investigation will be conducted to determine if there has been any recurrence of the behavior that initiated the monitoring sanction. The investigative summary will be submitted to the Commission for review to determine if further action is required and could be considered grounds for additional disciplinary action. Educators that are employed will continue to be monitored for the specified length of time.|
|(1)||Upon receipt of a written request from the Georgia Higher Education Assistance Corporation that an educator's certificate be suspended or the application for certification be denied pursuant to O.C.G.A. § 20-3-295, the Professional Standards Commission shall automatically suspend an educator's certificate.|
|(2)||The educator's certificate shall be automatically reinstated or, if the application for certification was denied, shall be granted, provided current certification requirements are met, upon receipt of a written notice of release from the Georgia Higher Education Assistance Corporation notifying the Professional Standards Commission that the educator is in satisfactory repayment status pursuant to O.C.G.A. § 20-3-295, provided the certificate has not expired during the period of suspension. If the certificate has expired, current applicable certification requirements must be met prior to reinstatement.|
|(1)||When an educator admits on a Professional Standards Commission application to having resigned or being discharged for committing a felony or misdemeanor involving moral turpitude or being under investigation by law enforcement authorities for such conduct or for committing a breach of the code of ethics or for a violation of state education laws or having a criminal history or having had a surrender, denial, revocation or suspension of a certificate or being the subject of an investigation or adverse action regarding a certificate, an investigation will automatically open without notification to the commission and with written notification to the educator pursuant to O.C.G.A. § 20-984.3(5)(c).|