That means many Georgia teachers have already landed on the child abuse registry since it was launched in July 2016. Created by legislation and signed into law by Gov. Nathan Deal, the registry website describes it as a compilation of “all substantiated cases of abuse and neglect.”
But many teachers, such as the special education teacher with the reluctant student, are placed on this registry without due process.
Charged with breach of contract, the mother of two young children relied on Atlanta Education Attorney, CNO’s Bettina Davies, to guide her through the legal maneuverings required to transition from one job to another — and protect her teaching certification in the process.
Layoffs during the recession. Low-paying positions. Fewer college students entering the profession. Political scrutiny. It’s a perfect storm for many metro Atlanta school districts, one that has created the highest number of teaching vacancies in recent years. That’s good news for some teachers who have left the profession, even those who resigned under pressure.
According to a recent article in the Atlanta Journal Constitution, thousands of metro Atlanta students started the school year without a permanent certified teacher in the classroom. That’s partially due to fewer people entering the profession — about 12,500 people received teaching certificates in Georgia in 2008, and by 2010, that number had dropped to 8,520.
To this reduction in certificates we can add teacher layoffs during the recession, stagnant pay and education budget cuts. It’s a pattern repeated around the country in states like California, Oklahoma and Rhode Island.
In some cases, the shortage brings new opportunity to teachers who resigned under pressure. Even a voluntary resignation may not have been all that “voluntary.” Some teachers may have been in a position where they felt they had no choice but to resign.
In the past, situations like this were automatic black marks on good teachers who left for minor infractions. Breaking a contract or resignation is not the deal-breaker it might have been a few years ago.
For example, the Atlanta Public School District’s cheating scandal prompted a wave of zero-tolerance and occasionally rash decisions about teacher behavior related to test taking. While 11 APS educators were convicted in this scandal, it had a chilling effect on other school districts that affected many more teachers. In some cases, teachers resigned before they were fired because of what in another political climate might have been considered a minor infraction.
A few years ago, a teacher who resigned from one school district wouldn’t even consider applying for a certified position in another. That’s simply not the case anymore. Good teachers who want to get back into the classroom can use this current shortage to their advantage — and they should.
CNO’s Bettina Davies is a network attorney for PAGE, Professional Association of Georgia Educators. Call 770-528-0150 with questions about your rights as a teacher in Georgia.
By Bettina A. Davies
Education is an honored profession in Georgia governed by numerous constitutional provisions, state laws, and local school-district policies, regulations and guidelines. At Cauthorn Nohr & Owen, we help teachers navigate this confusing and complicated terrain when legal issues or questions arise. Here are some tips for Georgia teachers:
Bettina A. Davies
Talk to an attorney BEFORE you quit your teaching job. If a teacher resigns from a position without the consent of the employer, it is considered a breach of contract and abandonment of position. It can affect the status of the teacher’s teaching certificate, and he or she can be sued for breach of contract. A contract can be terminated: • By mutual agreement — The resignation of the employee and the acceptance of such resignation by the employer. • By dismissal from employment for cause after a hearing is held.
Don’t assume you can say whatever you want at school. Under limited circumstances, an educator’s constitutional right to free speech can be limited within the school setting.
You don’t have to be tenured to have contract rights. A non-tenured teacher’s contract can be non-renewed when a school system states in writing that the teacher’s services are no longer needed. The system must send this notice out by May 15. Upon request, a written explanation for failure to renew a contract must be made available to any certified personnel by the superintendent. Non-renewal of contract of a non-tenured teacher can be challenged successfully if the non-renewal is based on constitutionally impermissible grounds, such as age or race discrimination.
Bettina A. Davies is a network attorney for the Professional Association of Georgia Educators and concentrates her practice in the areas of educational and employment-rights law.
