§ 20-2-989.7. Matters Not Subject to Complaint; Appeal Process for Certain Educators

1. 1. Except as otherwise provided in paragraph (2) of this subsection, the performance ratings contained in personnel evaluations conducted pursuant to Code Section 20-2-210, professional development plans, and job performance shall not be subject to complaint under the provisions of this part; provided, however, that this shall not apply to procedural deficiencies on the part of the local school system or charter school in conducting an evaluation pursuant to Code Section 20-2-210.
   2. For teachers who have accepted a school year contract for the fourth or subsequent consecutive school year, summative performance ratings of “Unsatisfactory” or “Ineffective” contained in personnel evaluations conducted pursuant to Code Section 20-2-210, procedural deficiencies on the part of the local school system or charter school in conducting an evaluation pursuant to Code Section 20-2-210, and job performance shall be subject to appeal pursuant to this paragraph. Local units of administration shall establish an appeals policy that shall allow a teacher to appeal a summative performance rating of “Unsatisfactory” or “Ineffective.” Such appeals policy shall include a method and reasonable timelines for filing an appeal that minimize the burden on both parties, a statement that a teacher shall not be the subject of any reprisal as a result of filing an appeal pursuant to this paragraph, a provision that an appeal hearing may be conducted by an independent third party or by an administrator in the system office on behalf of the school official or local unit of administration, and a method to receive the decision of the independent third party or system administrator. Should any reprisal occur, the teacher may refer the matter to the Professional Standards Commission. Each local unit of administration shall submit a copy of its appeals policy established pursuant to this paragraph to the Department of Education no later than July 1, 2021, and any time thereafter if material changes are made to such policy.
   3. The termination, nonrenewal, demotion, suspension, or reprimand of any employee, as set forth in Code Section 20-2-940, and the revocation, suspension, or denial of certificates of any employee, as set forth in Code Section 20-2-984.5, shall not be subject to complaint under the provisions of this part.
2. A certified employee who chooses to appeal under Code Section 20-2-1160 shall be barred from pursuing the same complaint under this part.

History. Code 1981, § 20-2-989.7 , enacted by Ga. L. 1992, p. 3303, § 1; Ga. L. 1999, p. 81, § 20; Ga. L. 2013, p. 1091, § 5/HB 244; Ga. L. 2016, p. 620, § 3/SB 364; Ga. L. 2020, p. 62, § 3-1/SB 68; Ga. L. 2020, p. 569, § 1/HB 86.

The 2016 amendment, effective July 1, 2016, added the proviso at the end of the first sentence in subsection (a).

The 2020 amendments. —

The first 2020 amendment, effective July 1, 2021, designated the first sentence in subsection (a) as paragraph (a)(1); substituted “Except as otherwise provided in paragraph (2) of this subsection, the” for “The” in paragraph (a)(1) and inserted “that” near the middle; added paragraph (a)(2); and redesignated the former second sentence of subsection (a) as paragraph (a)(3). The second 2020 amendment, effective July 1, 2021, in subsection (a), designated the existing provisions as paragraphs (a)(1) and (a)(3), in paragraph (a)(1), substituted “Except as otherwise provided in paragraph (2) of this subsection, the” for “The” at the beginning and inserted “that” near the middle, and added paragraph (a)(2). See the Code Commission note regarding the effect of these amendments.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2020, the amendment of paragraph (a)(2) of this Code section by Ga. L. 2020, p. 62, § 3-1/SB 68, was treated as impliedly repealed and superseded by Ga. L. 2020, p. 569, § 1/HB 86, due to irreconcilable conflict.

Editor’s notes.

Ga. L. 2013, p. 1091, § 6/HB 244, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2014, and shall be applicable beginning in school year 2014-2015.”