Dismissal for Poor Performance: Georgia

Analysis of Georgia's policies

In Georgia, tenured teachers who are terminated may appeal multiple times. After receiving written notice of dismissal, the teacher has 20 days to request a hearing before the local school board or a tribunal. The teacher then has 30 days to file an appeal with the State Board of Education. An additional appeal to the superior court of the county within 30 days of the state board's decision is also permitted.

Georgia does not explicitly make teacher ineffectiveness grounds for dismissal, nor does the state distinguish the due process rights of teachers dismissed for ineffective performance from those facing other charges commonly associated with license revocation, such as a felony and/or morality violations. The process is the same regardless of the grounds for dismissal, which include incompetency, insubordination, neglect of duties, immorality, and inciting, encouraging or counseling students to violate any valid state law.

Citation

Georgia Code 20-2-940, -942, -1160 HB 193 enacted in 2009

Recommendations for Georgia

Specify that classroom ineffectiveness is grounds for dismissal.
Euphemistic terms such as "incompetency" are ambiguous at best and may be interpreted as concerning dereliction of duty rather than ineffectiveness. Georgia should explicitly make teacher ineffectiveness grounds for dismissal so that districts do not feel they lack the legal basis for terminating consistently poor performers.

Ensure that teachers terminated for poor performance have the opportunity to appeal within a reasonable time frame.
Nonprobationary teachers who are dismissed for any grounds, including ineffectiveness, are entitled to due process. However, cases that drag on for years drain resources from school districts and create a disincentive for districts to attempt to terminate poor performers. Therefore, the state must ensure that the opportunity to appeal occurs only once and only at the district level. It is in the best interest of both the teacher and the district that a conclusion be reached within a reasonable time frame. 

Distinguish the process and accompanying due process rights between dismissal for classroom ineffectiveness and dismissal for morality violations, felonies or dereliction of duty.
While nonprobationary teachers should have due process for any termination, it is important to differentiate between loss of employment and issues with far-reaching consequences that could permanently impact a teacher's right to practice. Georgia should ensure that appeals related to classroom effectiveness are only decided by those with educational expertise.  

State response to our analysis

Georgia recognized the factual accuracy of this analysis.