Georgia Code
Part 7 - Termination, Suspension, Nonrenewal, Demotion, or Reprimand
§ 20-2-942. Procedure for Nonrenewal; Professional Certificated Personnel; Rights of School Administrators; Tenure

(1.1) “School administrator” means any professional school employee certificated by the Professional Standards Commission who is required to hold a leadership certificate and is assigned to a leadership position pursuant to rules of the State Board of Education, Department of Education, Professional Standards Commission, or requirements of local policy or job description.
You have the right to certain procedural safeguards before you can be demoted or dismissed. These safeguards include the right to notice of the reasons for the action against you and the right to a hearing. If you desire these rights you must send to the school superintendent by certified mail or statutory overnight delivery a statement that you wish to have a hearing; and such statement must be mailed to the school superintendent within 20 days after this notice was mailed to you. Your rights are governed by subsection (b) of Code Section 20-2-211, Code Section 20-2-940, and Code Sections 20-2-942 through 20-2-947, and a copy of this law is enclosed.
A copy of subsection (b) of Code Section 20-2-211, Code Section 20-2-940, this Code section, and Code Sections 20-2-943 through 20-2-947 shall be enclosed with the notice. A teacher who is so notified that he or she is to be demoted or that his or her contract will not be renewed has the right to the procedures set forth in subsections (b) through (f) of Code Section 20-2-940 before the intended action is taken. A teacher who has the right to these procedures must serve written notice on the superintendent of the local board employing the teacher within 20 days of the day the notice of the intended action is served that he or she requests a hearing. In order to be effective, such written notice that the teacher requests implementation of such procedures must be served by certified mail or statutory overnight delivery as provided in subsection (c) of Code Section 20-2-940. Within 14 days of service of the request to implement the procedures, the local board must furnish the teacher a notice that complies with the requirements of subsection (b) of Code Section 20-2-940.
and only in such positions shall such administrator be deemed to be a teacher for the purpose of retaining those rights to continued employment in such administrative positions.
(2.1) A local board of education may enter into an employment contract with a school administrator for a term not to exceed three years. During the term of any such contract, that school administrator may not be demoted except as provided in the other subsections of this Code section and may not be terminated or suspended except as provided in Code Section 20-2-940, but the school administrator shall have no right to renewal of such contract. The rights provided under such contracts by this paragraph shall be in addition to any rights which a school administrator may otherwise have under the other provisions of this subsection.
(A) In that administrative position which such administrator held immediately prior to such date; and
(B) In any other administrative position to which such administrator has been involuntarily transferred or assigned,
History. Ga. L. 1975, p. 360, § 3; Ga. L. 1982, p. 2188, §§ 1, 2; Ga. L. 1983, p. 3, §§ 16, 53; Ga. L. 1986, p. 300, § 2; Ga. L. 1987, p. 3, § 20; Ga. L. 1987, p. 1018, § 1; Ga. L. 1991, p. 1546, § 10; Ga. L. 1995, p. 304, §§ 1-3; Ga. L. 2000, p. 618, § 72; Ga. L. 2000, p. 1589, § 3; Ga. L. 2003, p. 896, § 2; Ga. L. 2009, p. 638, § 5/HB 193; Ga. L. 2015, p. 1376, § 38/HB 502.
The 2015 amendment, effective July 1, 2015, in subsection (b), substituted “May 15” for “April 15” in paragraphs (b)(3) and (b)(5), substituted “June 1” for “May 1” in paragraphs (b)(3) and (b)(5), and substituted “Such professional” for “Said professional” at the beginning of the second sentence in subparagraph (b)(7)(A).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 1986, a comma was inserted following “effective” in the next-to-last sentence of paragraph (b)(2).
Pursuant to Code Section 28-9-5, in 1995, in subsection (c), “April 7, 1995,” was substituted for “the date this subsection first becomes effective” twice in paragraph (c)(1) and in paragraphs (c)(2) and (c)(3).
Pursuant to Code Section 28-9-5, in 2003, “and Code Section 20-2-941” was deleted following “this Code section” near the end of the first sentence in subsection (d).
Editor’s notes.
Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”
Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provided that the Act is applicable with respect to notices delivered on or after July 1, 2000.
Ga. L. 2003, p. 896, § 2, which amended this Code section, purported to amend Code Section 20-2-940 but actually amended Code Section 20-2-942.
Law reviews.
For survey article on education law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 237 (2003).
For survey article on local government law, see 60 Mercer L. Rev. 263 (2008).