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§ 20-2-73 - Removal of board members under certain circumstances

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O.C.G.A.20-2-73 (2010) 20-2-73.Removal of board members under certain circumstances (a)NotwithstandingCode Section 20-2-54.1 or any other provisions of law to the contrary,if a local school system or school is placed on the level ofaccreditation immediately preceding loss of accreditation for schoolboard governance related reasons by one or more accrediting agenciesincluded in subparagraph (6.1)(A) of Code Section 20-3-519, the StateBoard of Education shall conduct a hearing in not less than ten days normore than 30 days and recommend to the Governor whether to suspend alleligible members of the local board of education with pay. If the StateBoard of Education makes such recommendation, the Governor may, in hisor her discretion, suspend all eligible members of the local board ofeducation with pay and, in consultation with the State Board ofEducation, appoint temporary replacement members who shall be otherwisequalified to serve as members of such board.(b)Anylocal board of education member suspended under this Code section maypetition the Governor for reinstatement no earlier than 30 daysfollowing suspension and no later than 60 days following suspension. Inthe event that a suspended member does not petition for reinstatementwithin the allotted time period, his or her suspension shall beconverted into permanent removal, and the temporary replacement membershall become a permanent member and serve out the remainder of the termof the removed member.(c)Upon petitionfor reinstatement by a suspended local board of education member, theGovernor or his or her designated agent shall conduct a hearing for thepurpose of receiving evidence relative to whether the local board ofeducation member's continued service on the local board of education ismore likely than not to improve the ability of the local school systemor school to retain its accreditation. The appealing member shall begiven at least 30 days' notice prior to such hearing. Such hearing shallbe held not later than 90 days after the petition is filed and inaccordance with Chapter 13 of Title 50, the "Georgia AdministrativeProcedure Act," except that the individual conducting the hearing shallhave the power to call witnesses and request documents on his or her owninitiative. For purposes of said chapter and any hearing conductedpursuant to this Code section, the Governor shall be considered the"agency" and the Attorney General or his or her designee shall representthe interests of the Governor in the hearing. If it is determined thatit is more likely than not that the local board of education member'scontinued service on the local board of education improves the abilityof the local school system or school to retain its accreditation, themember shall be immediately reinstated; otherwise, the member shall bepermanently removed, and the temporary replacement member shall become apermanent member and serve out the remainder of the term of the removedmember or until the next general election which is at least six monthsafter the member was permanently removed, whichever is sooner. Judicialreview of any such decision shall be in accordance with Chapter 13 ofTitle 50.(d)This Code section shall applyonly to a local school system or school which is placed on the level ofaccreditation immediately preceding loss of accreditation on or afterJuly 1, 2010.(e)This Code section shall apply only to local board of education members elected or appointed on or after July 1, 2010.
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  • O.C.G.A. 20-2-73 (2010)
    20-2-73. Removal of board members under certain circumstances


    (a) Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the contrary, if a local school system or school is placed on the level of accreditation immediately preceding loss of accreditation for school board governance related reasons by one or more accrediting agencies included in subparagraph (6.1)(A) of Code Section 20-3-519, the State Board of Education shall conduct a hearing in not less than ten days nor more than 30 days and recommend to the Governor whether to suspend all eligible members of the local board of education with pay. If the State Board of Education makes such recommendation, the Governor may, in his or her discretion, suspend all eligible members of the local board of education with pay and, in consultation with the State Board of Education, appoint temporary replacement members who shall be otherwise qualified to serve as members of such board.

    (b) Any local board of education member suspended under this Code section may petition the Governor for reinstatement no earlier than 30 days following suspension and no later than 60 days following suspension. In the event that a suspended member does not petition for reinstatement within the allotted time period, his or her suspension shall be converted into permanent removal, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member.

    (c) Upon petition for reinstatement by a suspended local board of education member, the Governor or his or her designated agent shall conduct a hearing for the purpose of receiving evidence relative to whether the local board of education member's continued service on the local board of education is more likely than not to improve the ability of the local school system or school to retain its accreditation. The appealing member shall be given at least 30 days' notice prior to such hearing. Such hearing shall be held not later than 90 days after the petition is filed and in accordance with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," except that the individual conducting the hearing shall have the power to call witnesses and request documents on his or her own initiative. For purposes of said chapter and any hearing conducted pursuant to this Code section, the Governor shall be considered the "agency" and the Attorney General or his or her designee shall represent the interests of the Governor in the hearing. If it is determined that it is more likely than not that the local board of education member's continued service on the local board of education improves the ability of the local school system or school to retain its accreditation, the member shall be immediately reinstated; otherwise, the member shall be permanently removed, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member or until the next general election which is at least six months after the member was permanently removed, whichever is sooner. Judicial review of any such decision shall be in accordance with Chapter 13 of Title 50.

    (d) This Code section shall apply only to a local school system or school which is placed on the level of accreditation immediately preceding loss of accreditation on or after July 1, 2010.

    (e) This Code section shall apply only to local board of education members elected or appointed on or after July 1, 2010.

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