Georgia State Continuation Sample Letter by oza12622

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									 GEORGIA SCHOOL
BOARDS ASSOCIATION
     2005 POLICY
      WORKSHOP
       June 23, 2005

 HARBEN & HARTLEY, LLP
        Sam S. Harben
       Phillip L. Hartley
                            1
  THE BOARD GOVERNS
  WHEN MAKING POLICY
       DECISIONS
We Discuss Today These Policy Issues:
    Federal Law and Regulations
       2005 General Assembly
     Issues that Never Go Away
And…How to Build or Remodel Your
       Policy Manual                    2
The 2004 Reauthorized IDEA and
      the Role of the Board

 How the Board is Involved in the
 Implementation of the New IDEA


                                    3
  ―All the school
  news you need‖    The County Times             GSBA Edition
                                                 Savannah: Have a
                                                 wonderful Summer
                                                 Conference!

VOL. XXV…No. 1         THURSDAY, JUNE 23, 2005        ONE DOLLAR



        State DOE: School Did Not Make
            Required Annual Progress
        Superintendent: “If only two additional
 special education students had passed the CRCT,
 the school would have met AYP standard.”



                                                                    4
        IS YOUR BOARD:
INFORMED as to IDEA/NCLB’s
Requirements?

INVOLVED in determining what’s needed
to meet AYP when including special
education students in mandated testing?

INVESTED in implementing solutions?

                                          5
  Hiring Highly Qualified
         Teachers

    2004 IDEA: SPECIAL
EDUCATION TEACHERS MUST
MEET NO CHILD LEFT BEHIND
    HIGHLY QUALIFIED
        STANDARDS

                            6
10) Highly qualified.
          (B) Requirements for special education teachers. When used with respect to any public elementary
school or secondary school special education teacher teaching in a State, such term means that--
       (i) the teacher has obtained full State certification as a special education teacher (including certification
obtained through alternative routes to certification), or passed the State special education teacher licensing
examination, and holds a license to teach in the State as a special education teacher, except that when used
with respect to any teacher teaching in a public charter school, the term means that the teacher meets the
requirements set forth in the State's public charter school law;
       (ii) the teacher has not had special education certification or licensure requirements waived on an
emergency, temporary, or provisional basis; and
       (iii) the teacher holds at least a bachelor's degree.
(C) Special education teachers teaching to alternate achievement standards. When used with respect to a
special education teacher who teaches core academic subjects exclusively to children who are assessed against
alternate achievement standards…., such term means the teacher, whether new or not new to the profession,
may either--
       (i) meet the applicable requirements of section 9101 …for any elementary, middle, or secondary school
teacher who is new or not new to the profession; or
       (ii) meet the requirements of subparagraph (B) or (C) of section 9101(23) of such Act… as applied to an
elementary school teacher, or, in the case of instruction above the elementary level, has subject matter
knowledge appropriate to the level of instruction being provided, as determined by the State, needed to effectively
teach to those standards.
    (D) Special education teachers teaching multiple subjects. When used with respect to a special education
teacher who teaches 2 or more core academic subjects exclusively to children with disabilities, such term means
that the teacher may either--
       (i) meet the applicable requirements of section 9101 of the Elementary and Secondary Education Act of
1965… for any elementary, middle, or secondary school teacher who is new or not new to the profession;
       (ii) in the case of a teacher who is not new to the profession, demonstrate competence in all the core
academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or
secondary school teacher who is not new to the profession under section 9101(23)(C)(ii)… of such Act, which
may include a single, high objective uniform State standard of evaluation covering multiple subjects; or
       (iii) in the case of a new special education teacher who teaches multiple subjects and who is highly
qualified in mathematics, language arts, or science, demonstrate competence in the other core academic
subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary
school teacher under section 9101(23)(C)(ii) of such Act…, which may include a single, high objective uniform
                                                                                                          7
State standard of evaluation covering multiple subjects, not later than 2 years after the date of employment.
10) Highly qualified.
10) Highly qualified.
          (B) Requirements for special education teachers. When used with respect to any public elementary
                  (B) has obtained full State certification as a special education teacher (including certification
       (i) the teacher Requirements for special education teachers.
school or secondary school special education teacher teaching in a State, such term means that--

              used with respect the anypassed the education teacher, except that licensing
                                                                        elementary school or
Whenthrough alternative routes teach in to State as publicState special education teacherwhen used
obtained
examination, and holds a license to
                                       to certification), or
                                                             a special
with respect to anyschool special education teacher the teacher meets a
secondaryforth in the teachingpublicpublic charter school, the term means thatteaching in the
requirements set
                       teacher
                                State's
                                         in a
                                               charter school law;
       (ii) such term means that--
State,the teacher has not had special education certification or licensure requirements waived on an
emergency, temporary, or provisional basis; and
              (i) the teacher has obtained full State certification as a
       (iii) the teacher holds at least a bachelor's degree.
(C) Special education teachers teaching to                                          When used
special educationteaches corealternate achievement standards. children whowith respect toagainst
special education teacher who teacher (including certification are assessed
                                                   academic subjects exclusively to             obtained     a


                                                     to the teacher, whether or not new to the State
through alternative routes meanscertification),new or passedthe profession,
alternate achievement standards…., such term
may either--
                                       teacher                          examination, and school
special iseducation the profession; orlicensing elementary, middle, or secondary holds
       (i) meet the applicable requirements of section 9101 …for any
teacher who        new or not new to
       (ii) meet the requirementsin subparagraph (B) or (C) a section 9101(23) of such Act… as applied to an
                                                 State as of special level, has subject matter
a license to teach inof the of instruction above the elementary education
elementary school teacher, or,       the case
knowledge appropriate to the that when used with respect to any teacher
teacher, except level of instruction being provided, as determined by the State, needed to effectively
teach to those standards.
teaching in a public charter school, the term means a that the
    (D) Special education teachers teaching multiple subjects. When used with respect to special education
teacher who teaches 2 or more core academic subjects exclusively to children with disabilities, such term means
teacher meets the requirements set forth in the State's public
that the teacher may either--
charter school law; or secondary school teacher who is new or notSecondary Education Act of
       (i) meet the applicable requirements of section 9101 of the Elementary and
1965… for any elementary, middle,                                                     new to the profession;
              (ii) the teacher has not had special education
       (ii) in the case of a teacher who is not new to the profession, demonstrate competence in all the core
academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or
secondary school teacher licensure the profession under section 9101(23)(C)(ii)… of
certification or who is not new torequirements waived on an such Act, which
may include a single, high objective uniform State standard of evaluation covering multiple subjects; or
emergency, temporary, or provisional basis; and and who is highly
       (iii) in the case of a new special education teacher who teaches multiple subjects
qualified in mathematics, language arts, or science, demonstrate competence in the other core academic
              which the teacher holds at least a bachelor's degree.
subjects in (iii) the teacher teaches in the same manner as is required for an elementary, middle, or secondary
school teacher under section 9101(23)(C)(ii) of such Act…, which may include a single, high objective uniform
                                                                                                         8
State standard of evaluation covering multiple subjects, not later than 2 years after the date of employment.
         In Other Words…


Special education teachers must meet
NCLB requirements and be certified in
special education




                                        9
10) Highly qualified.
          (B) Requirements for special education teachers. When used with respect to any public elementary
school or secondary school special education teacher teaching in a State, such term means that--
       (i) the teacher has obtained full State certification as a special education teacher (including certification
obtained through alternative routes to certification), or passed the State special education teacher licensing
examination, and holds a license to teach in the State as a special education teacher, except that when used
with respect to any teacher teaching in a public charter school, the term means that the teacher meets the
requirements set forth in the State's public charter school law;
       (ii) the teacher has not had special education certification or licensure requirements waived on an
emergency, temporary, or provisional basis; and
       (iii) the teacher holds at least a bachelor's degree.
(C) Special education teachers teaching to alternate achievement standards. When used with respect to a
special education teacher who teaches core academic subjects exclusively to children who are assessed against
alternate achievement standards…., such term means the teacher, whether new or not new to the profession,
may either--
       (i) meet the applicable requirements of section 9101 …for any elementary, middle, or secondary school
teacher who is new or not new to the profession; or
       (ii) meet the requirements of subparagraph (B) or (C) of section 9101(23) of such Act… as applied to an
elementary school teacher, or, in the case of instruction above the elementary level, has subject matter
knowledge appropriate to the level of instruction being provided, as determined by the State, needed to effectively
teach to those standards.
    (D) Special education teachers teaching multiple subjects. When used with respect to a special education
teacher who teaches 2 or more core academic subjects exclusively to children with disabilities, such term means
that the teacher may either--
       (i) meet the applicable requirements of section 9101 of the Elementary and Secondary Education Act of
1965… for any elementary, middle, or secondary school teacher who is new or not new to the profession;
       (ii) in the case of a teacher who is not new to the profession, demonstrate competence in all the core
academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or
secondary school teacher who is not new to the profession under section 9101(23)(C)(ii)… of such Act, which
may include a single, high objective uniform State standard of evaluation covering multiple subjects; or
       (iii) in the case of a new special education teacher who teaches multiple subjects and who is highly
qualified in mathematics, language arts, or science, demonstrate competence in the other core academic
subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary
school teacher under section 9101(23)(C)(ii) of such Act…, which may include a single, high objective uniform
                                                                                                         10
State standard of evaluation covering multiple subjects, not later than 2 years after the date of employment.
(C) Special education teachers used with respect to anyalternate
10) Highly qualified.
          (B) Requirements for special education teachers. When
                                                                        teaching to public elementary
school or secondary school special education When used with term means that-- a
achievement standards. teacher teaching in a State, such respect to certification
       (i) the teacher has obtained full State certification as a special education teacher (including
obtained through alternative routes to teacher who teaches core academic
special education certification), oras a specialState special education teacherwhen used
examination, and holds a license to teach in the State
                                                           passed the
                                                                       education teacher, except that
                                                                                                          licensing

with respect to exclusively to children who are that the teacher against
subjectsany teacher teachingpublicpublic charter school, the term meansassessed meets the
requirements set forth in the State's
                                         in a
                                               charter school law;
       (ii) the teacher has not had special standards…., such term waived on an
alternate achievementeducation certification or licensure requirements means the
emergency, temporary, or provisional basis; and
       (iii) the teacher holds at least a bachelor's not
teacher, whether new ordegree. new to theWhen used with respect to a
(C) Special education teachers teaching to alternate achievement standards.
                                                                                      profession, may
either-- teacher who teachesterm academic subjects exclusivelynew or not new to the profession,
special education
alternate achievement standards…., such
                                              core
                                                   means the teacher, whether
                                                                                 to children who are assessed against

may either--   (i) meet the applicable requirements of section
       (i) meet the applicable requirements of section 9101 …for any elementary, middle, or secondary school
teacher …for or not new
                   new any elementary, middle,
9101who is the requirementsto the profession; (B) or (C) of sectionor secondary applied to an
       (ii) meet                    of subparagraph
                                                      or
                                                                           9101(23) of such Act… as
                                                                                                      school
teacher who theor, new or instruction above the elementary level, has subject matter effectively
elementary school teacher,
knowledge appropriate to
                             islevelthe instruction beingnew to determined by the State, neededor
                                  in
                                      of
                                         case of not
                                                          provided, as
                                                                         the profession; to
               (ii) meet the requirements of subparagraph (B) or
teach to those standards.
    (D) Special education teachers teaching multiple subjects. When used with respect to a special education
teacher who teaches 2 or 9101(23) subjects exclusively to children applied to an
(C) of section more core academic of such Act… as with disabilities, such term means
that the teacher may either--
                                                            or, in the or not new to instruction
elementary schoolorteacher, teacher who is newcase of theEducation Act of
       (i) meet the applicable requirements of section 9101 of the Elementary and Secondary
1965… for any elementary, middle,        secondary school                                          profession;
       (ii) in the of a teacher who is not new to thehas subject matter
above the caseelementary level, same mannerdemonstrate competence in all themiddle, or
academic subjects in which the teacher teaches in the
                                                            profession,
                                                                         as is required for an elementary,
                                                                                                             core

                         appropriate the profession under section 9101(23)(C)(ii)… of such Act,
                                         new to to the                         instruction being
knowledge high who is notuniform State standardlevel ofcovering multiple subjects; or which
secondary school teacher
may include a single,       objective                           of evaluation
       (iii) in the case of new special education teacher who teaches multiple subjects to
                                                           the State, needed core academic
provided, as adetermined bydemonstrate competence in the otherand who is highly
qualified in mathematics, language arts, or science,
subjects in which the teacher teaches in the samestandards.
effectively teach to thosesuch Act…,as is required for anaelementary, middle, oruniform
school teacher under section 9101(23)(C)(ii) of
                                                       manner
                                                                which may include single, high objective
                                                                                                             secondary
                                                                                                           11
State standard of evaluation covering multiple subjects, not later than 2 years after the date of employment.
         In Other Words…
There is an exception for teachers who
only teach students on an alternate
assessment.
However, there is no exception for
elementary teachers.


                                         12
10) Highly qualified.
          (B) Requirements for special education teachers. When used with respect to any public elementary
school or secondary school special education teacher teaching in a State, such term means that--
       (i) the teacher has obtained full State certification as a special education teacher (including certification
obtained through alternative routes to certification), or passed the State special education teacher licensing
examination, and holds a license to teach in the State as a special education teacher, except that when used
with respect to any teacher teaching in a public charter school, the term means that the teacher meets the
requirements set forth in the State's public charter school law;
       (ii) the teacher has not had special education certification or licensure requirements waived on an
emergency, temporary, or provisional basis; and
       (iii) the teacher holds at least a bachelor's degree.
(C) Special education teachers teaching to alternate achievement standards. When used with respect to a
special education teacher who teaches core academic subjects exclusively to children who are assessed against
alternate achievement standards…., such term means the teacher, whether new or not new to the profession,
may either--
       (i) meet the applicable requirements of section 9101 …for any elementary, middle, or secondary school
teacher who is new or not new to the profession; or
       (ii) meet the requirements of subparagraph (B) or (C) of section 9101(23) of such Act… as applied to an
elementary school teacher, or, in the case of instruction above the elementary level, has subject matter
knowledge appropriate to the level of instruction being provided, as determined by the State, needed to effectively
teach to those standards.
    (D) Special education teachers teaching multiple subjects. When used with respect to a special education
teacher who teaches 2 or more core academic subjects exclusively to children with disabilities, such term means
that the teacher may either--
       (i) meet the applicable requirements of section 9101 of the Elementary and Secondary Education Act of
1965… for any elementary, middle, or secondary school teacher who is new or not new to the profession;
       (ii) in the case of a teacher who is not new to the profession, demonstrate competence in all the core
academic subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or
secondary school teacher who is not new to the profession under section 9101(23)(C)(ii)… of such Act, which
may include a single, high objective uniform State standard of evaluation covering multiple subjects; or
       (iii) in the case of a new special education teacher who teaches multiple subjects and who is highly
qualified in mathematics, language arts, or science, demonstrate competence in the other core academic
subjects in which the teacher teaches in the same manner as is required for an elementary, middle, or secondary
school teacher under section 9101(23)(C)(ii) of such Act…, which may include a single, high objective uniform
                                                                                                         13
State standard of evaluation covering multiple subjects, not later than 2 years after the date of employment.
       (D) Special education teachers teaching multiple subjects. When
 10) Highly qualified.
          with respect special specialteacher teaching inused withsuch term any public elementary
                                to a education education a State, respect to teaches
used or(B) Requirements for special education teachers. When teacher whomeans that-- 2 or
 school      secondary school
        (i) the teacher has obtained full State exclusively to children teacher (including certification
more core academic subjects certification as a special education with disabilities,
                                                           may either-- teacher, except that licensing
such term means that the teacheras a specialState special education teacherwhen used
 obtained through alternative routes to certification), or passed the
 examination, and holds a license to teach in the State               education
            (i) meet the applicable requirements term means that the teacher meets the
 with respect to any teacher teaching in a public charter school, the of section 9101 of the
 requirements set forth in the State's public charter school law;
        (ii) the teacher has not had special education certification or licensure for any waived on an
Elementary and Secondary Education Act of 1965…requirementselementary,
middle, or secondary school teacher who is new or not new to the
 emergency, temporary, or provisional basis; and
        (iii) the teacher holds at least a bachelor's degree.
profession;
 (C) Special education teachers teaching to alternate achievement standards. When used with respect to a
            (ii) in the case teaches term academic subjects exclusivelynew or not new to the profession,
                                                                               to children profession,
 special education teacher whoof a teacher who is not new to the who are assessed against
                                             core
 alternate achievement standards…., such          means the teacher, whether
demonstrate competence in all the core academic subjects in which the
 may either--
        (i) meet the applicable
                                   the same manner as any elementary, for an elementary,
teacher teaches inrequirements of section 9101 …for is required middle, or secondary school
 teacher who is new or not new to the profession; or
        (ii) meet secondary school teacher who is not new such Act… as applied to an
middle, or the requirements of subparagraph (B) or (C) of section 9101(23) of to the profession
 elementary school teacher, or, in the case of instruction above the elementary level, has subject matter
 knowledge appropriate to the level of instruction of such Act, which by the include a single,
under section 9101(23)(C)(ii)… being provided, as determinedmay State, needed to effectively
 teach objective uniform State standard of evaluation covering multiple
highto those standards.
     (D) Special education teachers teaching multiple subjects. When used with respect to a special education
 teacher who or
subjects;teaches 2 or more core academic subjects exclusively to children with disabilities, such term means
 that the teacher may either--
            (iii) in the case of a new special education teacher who teaches
        (i) meet the applicable requirements of section 9101 of the Elementary and Secondary Education Act of
 1965… for any elementary, middle, or secondary school qualified in mathematics, language
multiple subjects and who is highlyteacher who is new or not new to the profession;
        (ii) in the case of a teacher who is not new to the profession, demonstrate competence in all the core
 academic science, demonstrate competence in the other core academic
arts, orsubjects in which the teacher teaches in the same manner as is required for an elementary, middle, or
 secondary school teacher the not new to the profession in the same manner such Act, which
subjects in which who is teacher teachesunder section 9101(23)(C)(ii)… ofas is required
 may include a single, high objective uniform State standard of evaluation covering multiple subjects; or
        (iii) in the case of a new special education teacher who teaches teacher under is highly
for an elementary, middle, or secondary schoolmultiple subjects and whosection
 qualified in mathematics, language Act…, which may include a single, core academic
9101(23)(C)(ii) of such arts, thescience, demonstrate competence in the other high objective
 subjects in which the teacher teaches in
                                             or
                                                same manner as is required for an elementary, middle, or secondary
 school teacher under section 9101(23)(C)(ii) of such Act…, which may multiple subjects, not later
uniform State standard of evaluation covering include a single, high objective uniform                    14
 State standard of evaluation covering multiple subjects, not later than 2 years after the date of employment.
than 2 years after the date of employment.
         In Other Words…
There may be development of a single
HOUSSE covering multiple subjects for
―not new‖ teachers.
There is a two-year postponement for
new teachers who are highly qualified in
at least one subject.

                                        15
DISCIPLINE OF SPECIAL
EDUCATION STUDENTS

Any Good News from 2004 IDEA?
      (Some—but not a lot)




                                16
  GOOD NEWS FOR BOARDS
  WHEN PARENTS DEMAND
  DUE PROCESS HEARINGS
          Resolution Sessions
  Mediation    Challenging Complaints
      Responding to Complaints
Amending Complaints    Appeals & Fees
      Picky Procedural Mistakes    17
  WHEN STATE RULES
CONFLICT WITH 2004 IDEA
Guidance from the State
Superintendent?
Composition of IEP Teams?
Discipline?
What to do about eligibility for
specific learning disabilities?    18
      Specific Learning Disabilities
20 U.S.C. § 1414(b)(6):
(A) In general. [W]hen determining whether a child has a specific
    learning disability…, a local educational agency shall not be
                                                      shall not be
    required to take into consideration whether a child has a severe
    discrepancy between achievement and intellectual ability in oral
    expression, listening comprehension, written expression, basic
    reading skill, reading comprehension, mathematical calculation, or
    mathematical reasoning.
(B) Additional authority. In determining whether a child has a specific
    learning disability, a local educational agency may use a process
    that determines if the child responds to scientific, research-based
    intervention as a part of the evaluation procedures...             19
 MORE IDEA QUESTIONS
   FOR YOUR BOARD
Private schools and home study
students with disabilities?
Reduce time and paperwork
burden for staff?
Will 2004 IDEA require more
local funds to implement?        20
        WHAT IS REALLY
     HAPPENING WITH NCLB?
  ―All the school
  news you need‖    The County Times             GSBA Edition
                                                 Savannah: Have a
                                                 wonderful Summer
                                                 Conference!

VOL. XXV…No. 1         THURSDAY, JUNE 23, 2005        ONE DOLLAR




       NEA, School Districts Sue
         Over NCLB Funding
 The National Education Association (NEA), joined
 by local school districts in Michigan, Texas, and
 Vermont, and by ten NEA affiliated state teachers
 associations, has filed a lawsuit against the U.S.
 Department of Education, challenging the
 enforcement of the No Child Left Behind Act’s                      21
 accountability standards….
        WHAT IS REALLY
     HAPPENING WITH NCLB?
  ―All the school
  news you need‖    The County Times             GSBA Edition
                                                 Savannah: Have a
                                                 wonderful Summer
                                                 Conference!

VOL. XXV…No. 1         THURSDAY, JUNE 23, 2005        ONE DOLLAR




    Some Florida Schools Granted
      Reprieve, Avoid 'Failure'

        Florida has cut a unique deal with the
 federal government to prevent nearly two-thirds
 of the state's public schools from being labeled as
 failures…                                                          22
        WHAT IS REALLY
     HAPPENING WITH NCLB?
  ―All the school
  news you need‖    The County Times             GSBA Edition
                                                 Savannah: Have a
                                                 wonderful Summer
                                                 Conference!

VOL. XXV…No. 1         THURSDAY, JUNE 23, 2005        ONE DOLLAR




      Va. Education Chief
     Faults U.S. Response
 Says federal government slow
 to act on state requests for No
 Child Left Behind waivers
                                                                    23
        WHAT IS REALLY
     HAPPENING WITH NCLB?
  ―All the school
  news you need‖    The County Times                GSBA Edition
                                                    Savannah: Have a
                                                    wonderful Summer
                                                    Conference!

VOL. XXV…No. 1         THURSDAY, JUNE 23, 2005           ONE DOLLAR



      Maine Legislature Takes Position
       on NCLB for Funding Failure
 May 25, 2005 -- AUGUSTA—A bill that authorizes
 Maine’s Attorney General to file suit against the Federal
 Government for failing to adequately fund the national
 No Child Left Behind (NCLB) program was enacted by
 the Maine Senate today….
                                                                       24
        WHAT IS REALLY
     HAPPENING WITH NCLB?
  ―All the school
  news you need‖    The County Times                       GSBA Edition
                                                           Savannah: Have a
                                                           wonderful Summer
                                                           Conference!

VOL. XXV…No. 1            THURSDAY, JUNE 23, 2005               ONE DOLLAR



         Legislature would be
       plaintiff in 'No Child' suit
 (Hartford, Conn) The Senate has approved legislation that would
 allow Attorney General Richard Blumenthal to sue the federal
 government over No Child Left Behind.

 The legislation was tacked onto another education bill that passed
 27-to-8. It still needs approval from the House and Governor Rell….
                                                                              25
        WHAT IS REALLY
     HAPPENING WITH NCLB?
  ―All the school
  news you need‖    The County Times                        GSBA Edition
                                                            Savannah: Have a
                                                            wonderful Summer
                                                            Conference!

VOL. XXV…No. 1            THURSDAY, JUNE 23, 2005                ONE DOLLAR




  District Signs on to No Child
      Left Behind Lawsuit
 WATERBURY, Conn. -- Attorney General Richard Blumenthal's
 plan to sue over the federal No Child Left Behind law is getting
 some local support.

 Waterbury's Board of Education voted 8-1 Monday to sanction the
 lawsuit….
                                                                               26
BREAK




        27
28
29
30
31
BREAK




        32
 POLICY ISSUES ARISING
  FROM THE GENERAL
      ASSEMBLY

  How did the 2005 General
Assembly ―help‖ School Boards
         this year???

                            33
 Virtual Schools and Charter
 Schools: New Rules

What is a ―virtual school‖ and why do
local systems need it?

S.B. 33 establishes a Georgia Virtual School;
Students under 21 years old may enroll in up
to 6 courses/per year at no cost to student.
Priority is given to public school students
                                                34
HAVE THEY CHANGED CHARTER
SCHOOL LAW         AGAIN…
S.B. 35: Some significant changes…
Group or cluster charters

Waiver of many laws, rules & policies

Initial term: 5 - 10 years

Funding Charter Schools
                                        35
Mentor Teachers and Redefining
Nationally Certified Teachers

Question…
S.B. 34: Who is a ―Master Teacher‖ and what is
an Academic Coach?




                                            36
Mentor Teachers and Redefining
Nationally Certified Teachers

Question…
Why mess with Nationally Certified Teachers?




                                               37
      State Provided Liability Insurance
O.C.G.A. § 20-2-940
(b) DOAS shall be authorized to purchase or provide a policy
or policies of professional liability insurance, subject to
appropriations, insuring certificated personnel and student
teachers, which shall protect against damages arising out of the
performance of their duties or in any way connected therewith.
The amount of such insurance and the appropriate coverages
shall be in the discretion of DOAS, subject to specific
appropriations by the General Assembly.
(c) Insurance coverage provided pursuant to this code section
shall automatically cover all certificated personnel and student
teachers and shall be at no cost to such certificated personnel or
student teachers.                                               38
What Will It Mean if the State
Provides Liability Insurance?

S.B. 34: State Provided Liability Insurance



  Any deductible?
                   How much coverage?
 What acts covered?
                         What exclusions?
                                              39
Student Clubs and the Equal
        Access Act

  The Legislature, the State Board of
Education, the Media and Everyone Else




                                     40
Equal Access Act         (20 USCS §§
4071-74)
§ 4071(a)(1). ―It shall be unlawful for any
public secondary school which receives
Federal financial assistance and which has a
limited open forum to deny equal access or
a fair opportunity to, or discriminate
against, any students who wish to conduct a
meeting within that limited open forum on
the basis of the religious, political,
philosophical, or other content of the
speech at such meetings.‖                   41
  State Board initiated a rule:
Parents must be notified and
permission obtained for students to
participate in extracurricular activities
State Board received public comments and
6/14/05 voted not to implement rule

Debate now shifts to the Gold Dome in
2006 legislative session
                                            42
Senate Bill 149: (Opt-In Version)
―All clubs, programs, or
extracurricular activities occurring on
school property or sponsored by
schools, school staff, or students shall
require written parental or legal
guardian permission for membership
in each specific club or activity.‖
                                           43
House Bill 661: (Opt-Out Version)
―Each school system . . . shall not
allow a child to join or participate in a
club or organization in contravention of
written notification from the child’s
parent or legal guardian forbidding
such membership or participation.‖

                                            44
  Implementing the Student
  Attendance Protocol
                  How did the process for
                  developing a protocol for
                  your system work?
Will your protocol
substantially improve
student attendance?
                Changes in Driver’s License
                Requirements From SB 35. 45
LUNCH




        46
POLICY ISSUES THAT
NEVER GO AWAY:

When an Employee is Arrested:
How Should the Board Respond?




                                47
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    GEORGIA TEACHER ARRESTED
        FOR MOLESTATION




                                                                    48
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          POLICE: ELEMENTARY
        TEACHER OFFERED GRADES
                FOR SEX




                                                                    49
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         ELEMENTARY SCHOOL
       TEACHER’S AIDE CHARGED
      WITH TRAFFICKING COCAINE




                                                                    50
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               TEACHER SUSPECTED OF
               MAKING BOMB THREATS




                                                                    51
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      TEACHER ARRESTED ON SEX-
        EXPLOITATION CHARGE




                                                                    52
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                    TEACHER ACCUSED OF
                      ATTACKING PUPIL




                                                                      53
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 ONE-TO-ONE AIDE ARRESTED IN
        ASSAULT CASE




                                                                    54
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 SCHOOL WORKER ARRESTED IN
  MOLESTING OF 12-YEAR-OLD
           GIRL




                                                                    55
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 SCHOOL JANITOR ARRESTED ON
     SUSPICION OF CHILD
        MOLESTATION




                                                                    56
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       HIGH SCHOOL TEACHER
     ACCUSED OF SELLING DRUGS




                                                                    57
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  TEACHER FACES SEX CHARGES
    INVOLVING FIFTH-GRADE
            GIRLS




                                                                    58
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   LOCAL TEACHER ARRESTED
  AFTER COCAINE FOUND IN CAR




                                                                    59
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              HIGH SCHOOL PRINCIPAL
              ARRESTED AFTER COACH
               BLOWS THE WHISTLE




                                                                    60
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         TEACHER ARRESTED AFTER
         HITTING SPOUSE WITH CAR




                                                                    61
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 VETERAN TEACHER CAUGHT IN
  VIAGRA TRAFFICKING STING




                                                                    62
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       MIDDLE SCHOOL TEACHER
      CHARGED WITH HAVING GUN
        ON SCHOOL PROPERTY




                                                                    63
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                                                 Be Prepared
                                                  For When it
                                                  Happens to
                                                 Your District!



                                                                              64
The Increase in Teacher Termination
 Hearings: The Role of the Board




         ―You’re Fired!‖
                               65
     TERMINATING TEACHERS
         DURING 2004-05

  Immorality         Insubordination
Willful Neglect of Duties      Incompetency

          Other Good and Sufficient Cause

 What role has NCLB had in the dramatic
 increase in termination cases?
                                          66
 CHARGE LETTERS WE HAVE
 WRITTEN THIS PAST YEAR

Failure to supervise: students engaged in
sexual behavior while other students
watching;

Failure to attend to duties: Not attending
meetings, Paperwork not done;

                                             67
 CHARGE LETTERS WE HAVE
 WRITTEN THIS PAST YEAR

Engaging in fund raising activities
without board permission

Missing funds; unable to account for funds

Cheating on tests; Failure to teach assigned
curriculum; Children not learning
                                          68
 The Role of SACS and
Responding to Complaints

(Have you been investigated yet?)


                                69
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        COUNTY SCHOOLS’
    ACCREDITATION IN JEOPARDY




                                                                    70
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       DISTRICT SCHOOLS PUT ON
      PROBATION BY ACCREDITING
               AGENCY




                                                                    71
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                    SACS TO BOARD:
                    WE’LL BE BACK




                                                                    72
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    SCHOOL DISTRICT PROBATION
      EXTENDED SIX MONTHS




                                                                    73
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                    LOCAL SCHOOLS FACE
                     PROBATION; LOSS OF
                       ACCREDITATION




                                                                       74
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      SACS RETURNING TO REVIEW
      SCHOOL DISTRICT PROGRESS




                                                                    75
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    PARENTS CLASH WITH BOARD
         OVER SACS VISIT




                                                                    76
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               HOW TO AVOID
               BEING NEXT!!!


                                                                    77
                                    Accreditation Standards
                                      for Quality Schools
Standard 2                 Governance and Leadership
The school and governing board promote the capacity of stakeholders to improve
student learning by providing appropriate leadership, governance, and
organization.

Governance
In fulfillment of this standard, the school operates under a governing board that:
2.1      Adopts policies and procedures that provide for effective operation of
         the school;
2.2      Recognizes and preserves the executive, administrative, and leadership
         prerogatives of the administrative head of the school; and
2.3      Permits the administrative team of the school to implement policies and
         procedures without interference.                                  78
                                       Accreditation Standards
                                         for Quality Schools
                  2            Governance and Leadership
  Standard Recognizes and preserves the
2.2
  The school and governing board promote the capacity of stakeholders to improve
                  executive, administrative,
  student learning by providing appropriate leadership, governance, and and
  organization.

  Governance      leadership prerogatives of the
                  administrative head of the
  In fulfillment of this standard, the school operates under a governing board that:
  2.1       Adopts policies and procedures that provide for effective operation of
                  school;
            the school;
   2.2      Recognizes and preserves the executive, administrative, and leadership
            prerogatives of the administrative head of the school; and
   2.3      Permits the administrative team of the school to implement policies and
            procedures without interference.                                  79
 School Finance, ―Austerity‖
Adjustments: SPLOST, Bonds,
Budgets and Reduction in Staff




                                 80
Section 3. Form of Ballot. The ballots to be used in such election should have
written or printed thereon substantially the following:

______     Yes        Shall a special one percent sales and use tax be
______     No         continued in Hard Times County for a period of time not to
                      exceed 20 calendar quarters, commencing upon the expiration
of the special one percent sales and use tax currently being levied in Hard Times
County, and for the raising of not more than $15,000,000 for the purposes of
providing funds to pay or to be applied toward the cost of (i) acquiring,
constructing, furnishing and equipping new school buildings and facilities useful
or desirable, including a fine arts building; (ii)acquiring real property; (iii) adding
to, renovating, repairing, improving and equipping existing school buildings and
other buildings and facilities, including classroom and athletic/physical education
facilities; (iv) making certain safety and technology improvements; (v) purchasing
textbooks; (vi) purchasing school buses and band, maintenance and other school
vehicles; (vii) acquiring any property necessary or desirable therefore, both real
and person (the ―Projects‖), the maximum cost of the Projects to be funded from
the proceeds of such tax not to exceed $15,000,000? If the continuation of the tax
is approved by the voters, such vote shall also constitute approval of the issuance
of general obligation debt of Hard Times County School District in the principal
amount of $12,207,397 for the above purposes.
                                                                                     81
Section 3. Form of Ballot. The ballots to be used in such election should have
written or printed thereon substantially the following:

______     Yes        Shall a special one percent sales and use tax be
______     No         continued in Hard Times County for a period of time not to
                      exceed 20 calendar quarters, commencing upon the expiration
of the special one percent sales and use tax currently being levied in Hard Times
County, and for the raising of not more than $15,000,000 for the purposes of
providing funds to pay or to be applied toward the cost of (i) acquiring,
constructing, furnishing and equipping new school buildings and facilities useful
or desirable, including a fine arts building; (ii)acquiring real property; (iii) adding
to, renovating, repairing, improving and equipping existing school buildings and
other buildings and facilities, including classroom and athletic/physical education
facilities; (iv) making certain safety and technology improvements; (v) purchasing
textbooks; (vi) purchasing school buses and band, maintenance and other school
vehicles; (vii) acquiring any property necessary or desirable therefore, both real
and person (the ―Projects‖), the maximum cost of the Projects to be funded from
the proceeds of such tax not to exceed $15,000,000? If the continuation of the tax
is approved by the voters, such vote shall also constitute approval of the issuance
of general obligation debt of Hard Times County School District in the principal
amount of $12,207,397 for the above purposes.
                                                                                     82
   Section 3. Form of Ballot. The ballots to be used in such election should have
______ Yes Shall a special one
   written or printed thereon substantially the following:

                        No               percent and use tax to
______Yes Shall a special one percent sales sales and use
  ______
  ______        No     continued in Hard Times County for a period of time not to
                       exceed 20 in Hard Times County for
tax be continued calendar quarters, commencing upon the expiration a
  of the special one percent sales and use tax currently being levied in Hard Times
  County, of the raising of not more than $15,000,000 for the purposes of
periodand for time not to exceed 20 calendar
  providing funds to pay or to be applied toward the cost of (i) acquiring,
  constructing, commencing upon the and facilities useful
quarters,furnishing and equipping new school buildings expiration
  or desirable, including a fine arts building; (ii)acquiring real property; (iii) adding
      renovating, repairing, improving and equipping existing and use and
ofto,the special one percent sales school buildingstax
  other buildings and facilities, including classroom and athletic/physical education
  facilities; (iv) being safety and in Hard Times
currentlymaking certainlevied technology improvements; (v) purchasing
  textbooks; (vi) purchasing school buses and band, maintenance and other school
  vehicles; (vii) acquiring any the necessary or of not more than
County, and for propertyraising desirable therefore, both real
  and person (the ―Projects‖), the maximum cost of the Projects to be funded from
$15,000,000tax not to exceed $15,000,000? If the continuation of the tax
  the proceeds of such
   is approved by the voters, such vote shall also constitute approval of the issuance
   of general obligation debt of Hard Times County School District in the principal
   amount of $12,207,397 for the above purposes.
                                                                                         83
Section 3. Form of Ballot. The ballots to be used in such election should have
written or printed thereon substantially the following:

______     Yes        Shall a special one percent sales and use tax be
______     No         continued in Hard Times County for a period of time not to
                      exceed 20 calendar quarters, commencing upon the expiration
of the special one percent sales and use tax currently being levied in Hard Times
County, and for the raising of not more than $15,000,000 for the purposes of
providing funds to pay or to be applied toward the cost of (i) acquiring,
constructing, furnishing and equipping new school buildings and facilities useful
or desirable, including a fine arts building; (ii)acquiring real property; (iii) adding
to, renovating, repairing, improving and equipping existing school buildings and
other buildings and facilities, including classroom and athletic/physical education
facilities; (iv) making certain safety and technology improvements; (v) purchasing
textbooks; (vi) purchasing school buses and band, maintenance and other school
vehicles; (vii) acquiring any property necessary or desirable therefore, both real
and person (the ―Projects‖), the maximum cost of the Projects to be funded from
the proceeds of such tax not to exceed $15,000,000? If the continuation of the tax
is approved by the voters, such vote shall also constitute approval of the issuance
of general obligation debt of Hard Times County School District in the principal
amount of $12,207,397 for the above purposes.
                                                                                     84
Section 3. Form of Ballot. The ballots to be used in such election should have
written or printed thereon substantially the following:

______     Yes        Shall a special one percent sales and use tax be
______     No         continued in Hard Times County for a period of time not to
                      exceed 20 calendar quarters, commencing upon the expiration
of the special one percent sales and use tax currently being levied in Hard Times
County, and for the raising of not more than $15,000,000 for the purposes of
providing funds to pay or to be applied toward the cost of (i) acquiring,
constructing, furnishing and equipping new school buildings and facilities useful
or desirable, including a fine arts building; (ii)acquiring real property; (iii) adding
to, renovating, repairing, improving and equipping existing school buildings and
other buildings and facilities, including classroom and athletic/physical education
facilities; (iv) making certain safety and technology improvements; (v) purchasing
textbooks; (vi) purchasing school buses and band, maintenance and other school
vehicles; (vii) acquiring any property necessary or desirable therefore, both real
and person (the ―Projects‖), the maximum cost of the Projects to be funded from
the proceeds of such tax not to exceed $15,000,000? If the continuation of the tax
is approved by the voters, such vote shall also constitute approval of the issuance
of general obligation debt of Hard Times County School District in the principal
amount of $12,207,397 for the above purposes.
                                                                                     85
     the purposes Ballot. The ballots to be used in such or to be applied
for Section 3. Form ofof providing funds to pay election should have
    written or printed of (i) acquiring, constructing, furnishing
toward the costthereon substantially the following:
      equipping Shall a special buildings and facilities useful or
and______ Yes new schoolone percent salesanduse tax be
    ______        No      continued in Hard Times County for period of time not real
desirable, including a fine arts building; a(ii)acquiring to
                          exceed 20 calendar quarters, commencing upon the expiration
property; (iii) adding to, renovating, repairing,inimproving
    of the special one percent sales and use tax currently being levied Hard Times
                          raising             than $15,000,000        the purposes
andCounty, and for thepay or toof not more toward the cost of for acquiring, of
      equippingtoexisting school buildings and other
    providing funds                be applied                     (i)
buildings and facilities, including classroom and useful
    constructing, furnishing and equipping new school buildings and facilities
    or desirable, including a fine arts building; (ii)acquiring real property;
athletic/physical education and equipping existing making(iii) adding
    to, renovating, repairing, improving
                                                                                certain
                                            facilities; (iv) school buildings and
    other buildings and facilities, improvements; athletic/physical education
safety and technology including classroom and(v) purchasing
    facilities; (iv) making certain safety and technology improvements; (v) purchasing
    textbooks; (vi) purchasing school buses and band,
textbooks; (vi) purchasing school buses and band, maintenance and other school
    vehicles; (vii) and other school vehicles; (vii) acquiring
maintenanceacquiring any property necessary or desirable therefore, both real any
    and person (the ―Projects‖), the maximum cost of the Projects to be funded from
    the proceeds of such tax or desirable therefore, both real the tax
property necessary not to exceed $15,000,000? If the continuation of and
    is approved ―Projects‖), vote shall also constitute
                                 such the maximum cost of of the Projects
person (theby the voters, of Hard Times County School approvalinthe principal
    of general obligation debt                                   District the
                                                                                 issuance

    amount of $12,207,397 the proceeds of
to be funded from for the above purposes. such tax not to exceed
                                                                                          86
$15,000,000?
Section 3. Form of Ballot. The ballots to be used in such election should have
written or printed thereon substantially the following:

______     Yes        Shall a special one percent sales and use tax be
______     No         continued in Hard Times County for a period of time not to
                      exceed 20 calendar quarters, commencing upon the expiration
of the special one percent sales and use tax currently being levied in Hard Times
County, and for the raising of not more than $15,000,000 for the purposes of
providing funds to pay or to be applied toward the cost of (i) acquiring,
constructing, furnishing and equipping new school buildings and facilities useful
or desirable, including a fine arts building; (ii)acquiring real property; (iii) adding
to, renovating, repairing, improving and equipping existing school buildings and
other buildings and facilities, including classroom and athletic/physical education
facilities; (iv) making certain safety and technology improvements; (v) purchasing
textbooks; (vi) purchasing school buses and band, maintenance and other school
vehicles; (vii) acquiring any property necessary or desirable therefore, both real
and person (the ―Projects‖), the maximum cost of the Projects to be funded from
the proceeds of such tax not to exceed $15,000,000? If the continuation of the tax
is approved by the voters, such vote shall also constitute approval of the issuance
of general obligation debt of Hard Times County School District in the principal
amount of $12,207,397 for the above purposes.
                                                                                     87
Section 3. Form of Ballot. The ballots to be used in such election should have
written or printed thereon substantially the following:

______     Yes        Shall a special one percent sales and use tax be
______     No         continued in Hard Times County for a period of time not to
                      exceed 20 calendar quarters, commencing upon the expiration
of the special one percent sales and use tax currently being levied in Hard Times
County, and for the raising of not more than $15,000,000 for the purposes of
providing funds to pay or to be applied toward the cost of (i) acquiring,
constructing, furnishing and equipping new school buildings and facilities useful
or desirable, including a fine arts building; (ii)acquiring real property; (iii) adding
to, renovating, repairing, improving and equipping existing school buildings and
other buildings and facilities, including classroom and athletic/physical education
facilities; (iv) making certain safety and technology improvements; (v) purchasing
textbooks; (vi) purchasing school buses and band, maintenance and other school
vehicles; (vii) acquiring any property necessary or desirable therefore, both real
and person (the ―Projects‖), the maximum cost of the Projects to be funded from
the proceeds of such tax not to exceed $15,000,000? If the continuation of the tax
is approved by the voters, such vote shall also constitute approval of the issuance
of general obligation debt of Hard Times County School District in the principal
amount of $12,207,397 for the above purposes.
                                                                                     88
 Section 3. Form of Ballot. The ballots to be used in such election should have
 written or printed thereon substantially the following:

 ______     Yes        Shall a special one percent sales and use tax be
If the continuation of the tax is
 ______     No         continued in Hard Times County for a period of time not to
                       exceed 20 calendar quarters, commencing upon the expiration
approved by the voters, such vote shall
 of the special one percent sales and use tax currently being levied in Hard Times
 County, and for the raising of not more than $15,000,000 for the purposes of
also constitute approval of the issuance
 providing funds to pay or to be applied toward the cost of (i) acquiring,
 constructing, furnishing and equipping new school buildings and facilities useful
of general obligation debt of Hard
 or desirable, including a fine arts building; (ii)acquiring real property; (iii) adding
 to, renovating, repairing, improving and equipping existing school buildings and
 other buildings and facilities, including classroom and athletic/physical education
Times County School District in the
 facilities; (iv) making certain safety and technology improvements; (v) purchasing
 textbooks; (vi) purchasing school buses and band, maintenance and other school
principal amount of $12,207,397 for
 vehicles; (vii) acquiring any property necessary or desirable therefore, both real
 and person (the ―Projects‖), the maximum cost of the Projects to be funded from
the above purposes.
 the proceeds of such tax not to exceed $15,000,000? If the continuation of the tax
 is approved by the voters, such vote shall also constitute approval of the issuance
 of general obligation debt of Hard Times County School District in the principal
 amount of $12,207,397 for the above purposes.
                                                                                      89
        Millage Rate:

More than just a 4-letter word.




                                  90
91
92
         NOTICE OF PROPERTY TAX INCREASE
The Hard Times County Board of Education has tentatively adopted
a millage rate which will increase property taxes by 42.3 percent.
 All concerned citizens are invited to the three public hearings on this
tax increase to be held at the Hard Times County Board of Education
Offices, 100 Harbin Drive, Smithville, Georgia on June 22, 2005 at
11:00 AM and 6:15 PM



        Remember: Three hearings required!

                                                                   93
                        Reduction In Force Policy
Board Policy Descriptor Code: GBKA - Professional Personnel Lay-Off
Reduction in Force
RESPONSIBILITIES AND PREROGATIVES OF BOARD OF EDUCATION
    The most important functions of the Sample County Board of Education are to employ
    personnel and manage resources within the limitations defined by the funding sources of the
    school system. Consequently, it shall be the prerogative of the Sample County Board of
    Education (hereinafter the “Board”) to abolish job positions, to reduce the length of the work
    year and salary of certificated or non-certificated personnel (hereinafter “to downgrade”)
    and/or to reduce the number of employees when seeking to cope effectively with program
    changes or financial exigency.
REASONS FOR REDUCTION IN FORCE (HEREINAFTER “RIF”)
    The Board shall consider a reduction in the professional work force to include the abolition of
    job positions, the downgrading of an employee’s position, and/or the reduction of the number
    of employees, as a response to the following:
a.  - A decrease in student enrollment in the Sample County School District which would
    necessitate a decrease in personnel or a discontinuation of programs;
b.   - A change in state or local curriculum, personnel, or financial practices which would
    necessitate a change in or elimination of program or services provided by the Sample County
    School District;
c.  - A lack of funding for programs, personnel, or services provided by the Sample County
    School District;
d.  - Any reasonable reorganization plan to achieve a more efficient school district.
APPLICABILITY OF POLICY
    This RIF policy shall apply to all personnel employed by the Sample County Board of
    Education. Nothing in this policy, however, shall be construed to extend to professional
    personnel any expectation of re-employment or due process rights greater than are available
    to the specific employees under the Fair Dismissal Law of Georgia; nor is this policy to be
    construed to mandate the promotion of an employee to a position of higher rank, authority, or
                                                                                            94
    compensation, even though the employee who is to be terminated may be qualified or
    certified for a higher position.
              Reduction In Force Policy – Cont’d
RIF PROCEDURE
     When the Superintendent of the Sample County School System determines that the
     application of this reduction in force policy is necessary, it shall be his or her primary
     responsibility to prepare for presentation to the Board of Education a plan for reduction in
     force (RIF) in the affected program area(s).
     In making recommendations for termination or downgrading of employee positions, the
     Superintendent may consider any position or employee of the Sample County Board of
     Education.
     Factors to be considered by the Superintendent in devising a RIF plan shall include, first and
     foremost, the professional expertise, effectiveness and overall job performance of individual
     employees as reflected in annual evaluations as well as the superintendent’s own
     observations and knowledge. Only where demonstrated competence and expertise are equal
     among employees shall other factors such as tenure status, level of certification, and length
     of continuous service with the Sample County Board of Education be considered in order to
     make recommendations for the termination or downgrading of an employee’s position.
     In order to develop a RIF plan, the Superintendent may consult with any and all school
     district personnel who might have information which would enable the Superintendent to
     rank employees according to overall job performance. Once the Superintendent has
     completed a comparative assessment of employees, he or she shall prepare and present a
     plan for reduction in force for Board approval and action.
    Any certified employee faced with layoff under the guidelines of this policy may request a
    transfer to another position within the system to fill a vacancy if one is available and if the
    staff member is qualified to fill the vacancy.
NOTICE AND HEARING PROCEDURES
    If the Board acts at the recommendation of the Superintendent to terminate an employee
    under contract or to downgrade an employee’s position, the Superintendent shall notify the
    affected employee in a manner consistent with the provisions of Georgia’s Fair Dismissal
    Law and he or she shall have whatever rights the Fair Dismissal Act provides for such  95
    employee
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97
98
99
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        100
BUILDING OR REMODELING
A POLICY MANUAL—WHY?

Old policies almost never are reviewed
for currency with present law or board
action;

Out of date means policies are almost
always wrong
                                         101
      Analyzing Your Policy
             Manual
Policies that are mandatory

Policies that are unnecessary and need to
be abolished

Policies that are discretionary

                                            102
Policies that a Board
 Should Consider
     Abolishing


                        103
 Policies that Restate the Law
Not necessary since law requires it
 anyway
Paraphrasing is often wrong
The law is frequently changing
Policies inconsistent with the law create
 conflicts and legal problems

                                            104
                       Examples
Board Policy     Descriptor Code: AA
School District Legal Status

  “Authority is granted to county and area boards of education to
  establish and maintain public schools within their limits.” (Ga.
  Const.)

  “Each county of this state…shall compose one school system and
  shall be confined to the control and management of a county board
  of education…” (O.C.G.A. §20-2-50)




                                                                     105
                           Fair Dismissal Act
Descriptor Code: GBN Professional Personnel Separation
  Procedure Regarding Teachers Whose Work Is Unsatisfactory
   If a teacher is failing to perform duties in an acceptable manner, the principal shall have a
    conference with the teacher, discuss the problems, and try to provide help for improvement. In
    the event that the teacher fails to respond satisfactorily, the principal shall discuss with the
    Superintendent the problems involved and the action that is being taken to help the teacher
    improve. Curriculum administrators may assist the principal in a program to help a teacher
    overcome any deficiencies. The principal shall maintain a file record of observations,
    conferences, and all other data pertinent to the situation. Prior to March 1, the principal,
    Superintendent, and other appropriate staff shall met, review the records the principal has
    accumulated, and cooperatively decide if the teacher has sufficiently improved to be offered a
    contract for the ensuing year. A copy of the principal’s records shall be filed with the
    Superintendent and another copy placed in the teacher’s folder.
  On or before March 10, the principal and the Superintendent or designee shall have a conference
   with each teacher who has been employed for more than three consecutive years in ______
   County and will not be recommended for re-employment informing the teacher of the decision
   and giving reasons in detail of the action.

  On or before April 15, the Superintendent or designee shall inform in writing each teacher who
   will not receive a contract for the coming year as voted by the Board of Education.


                                                                                            106
     When any teacher who has been employed more than three consecutive years in
     ______ County receives such notification, the teacher has the following rights:
1.   Request and receive a written statement of the reasons a teacher shall not be offered a
     new contract with facts supportive of those reasons.
2.   Request a public hearing before the Board within twenty days after receiving the
     notice.
3.   Receive a fair and impartial hearing before the Board within fourteen days from the
     date of receipt of the notice of request for a hearing.
4.   Be represented by legal counsel at own expense.
     Action of the Board shall be final if the teacher does not request a hearing.
     Upon receipt of a hearing request, the Board shall set the time, place, and date of the
     hearing and inform the teacher by registered mail, return receipt requested.
     The hearing shall be conducted under the rules of the Board and shall ensure due
     process of law and fairness to both parties. The Board shall provide for a complete
     and accurate record of the hearing to be transcribed. A copy of the hearing will be
     available to the teacher upon request and a fee not in excess of the reporter’s fee will
     be charged for the copy. After completion of the hearing, the Board’s decision shall
     be sent to the teacher in writing, by the Board president within seven (7) days.
     Within thirty days of receipt of the decision, the teacher may appeal to the State
     Board of Education.
                                                                                     107
                                  Examples
Board Policy
Descriptor Code: GCN - Classified Personnel Separation

The first ninety (90) days of employment shall be a probationary period. During the
     probationary period it is the responsibility of the supervisor to determine if the
     employee has the knowledge, skill, ability, and personal qualities suitable for permanent
     employment. An employee may be terminated without specific cause at any time
     during the probationary period.
If the employee is absent for more than ten (10) days during the probationary period, the
     probationary period will be extended for the total number of days of absence. If during
     the probationary period the employee is transferred to another position, the employee
     will begin a new ninety (90) day probationary period.
Beyond the probationary period, an employee may be discharged by the Superintendent for
     dereliction of duty, insubordination, immoral conduct, or any other good cause.
Classified employees may be asked to resign immediately if physical, mental, or emotional
     problems interfere with performance of assigned duties as determined by the principal,
     director, supervisor, and/or the Superintendent.
The separation date for all employees shall be the last date of actual work unless the
     employee is on leave of absence, in which event the separation date shall be the last
     date of the leave of absence                                                          108
      Other Policies to Abolish
• Policies that provide no guidance
• Policies that address one situation – usually
  a long time ago
• Policies about matters delegated to the
  administration.



                                              109
Policies Required by Law and
Other Policies to be Considered




                              110
    Policies that a Board
    May Wish to Revisit
   Sick Leave       Sick Leave Banks
 Maternity Leave     Military Leave
   Vacation         Disability Leave
Bereavement Leave     Legal Leave
        Family Medical Leave           111
 QUESTIONS?
(before you leave)




                     112
ADJOURN




          113

								
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