School Law

It’s that time of year again, when sadly, many good teachers start to worry whether their principal or school administrator will issue them a non-renewal letter regarding their teaching contract. This can often happen if the teacher has been previously placed on a Professional Development Plan, or “PDP.”

One of the biggest way principals or school districts lay the groundwork in order to try and fire a tenured teacher is by putting them on a PDP early on in the school year. Laying the “paper trail” even when the accusations against the teachers are not legitimate, is the most effective legal strategy that school districts use to try and ensure that future adverse employment action against the teacher is deemed legal and fair.

One administrator estimates that 50% of the teachers placed on a Professional Development Plan (“PDP”) are successful in completing it. School administrators know this ‘game’ when they place the teacher on a PDP. Oftentimes the end purpose is not to improve the teacher’s performance, but rather simply to have legal justification for firing the tenured teacher down the road. To do this successfully, some teachers end up being set up for failure by being placed in a no-win situation.

If you are a tenured teacher who has been placed on a PDP, it is vital that you immediately seek competent, legal counsel in order to begin to fight the one-sided paper trail that will be used to justify non-renewal of your teaching contract from day one.

It is also important to educate yourself on your legal rights as a Georgia teacher. For example, if a school board terminates, suspends, or demotes a teacher in the middle of a contract year, the teacher has a right to be represented by counsel during a hearing – even if the teacher is not tenured (O.C.G.A. 20-2-940). If a school board attempts to non-renew a tenured teacher’s contract, the teacher again has a right to a non-renewal hearing. (O.C.G.A. 20-2-942).

Good Georgia Lawyer has written about the rights of teachers relating to employment termination and contract non renewal which we recommend you read here and here.

The important thing is to act sooner rather than later if you are a teacher facing a potential adverse employment action. All too often, human beings procrastinate rather than dealing with the scary things in life that we don’t want to have to face such as the loss of a job in this difficult economy. As a result, clients are oftentimes calling us after the fact rather then early on when it is much easier to help them.

Don’t end up in a case of too little, too late. The sooner an attorney is on your side, the better the chance your employment as a teacher in a challenging work environment will have a successful outcome.
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Federal law under The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) gives parents the rights to their children’s educational records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. This applies to most schools.

What Are A Parent’s Rights Under FERPA?

FERPA gives parents certain rights with respect to their children’s education records:

• Parents have the right to review and inspect their child’s educational records maintained by the school. Schools may charge for copies.

• Parents have the right to request that a school correct a record that they believe to be inaccurate. If the school decides not to amend the educational record, the parent has a right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent has a right to place a statement with the record reflecting their viewpoint about the information that is contested.

• Generally, schools must have in writing permission from a parent to release information about a student’s educational record. The law allows schools to disclose those records to the following parties under the following conditions:

 School officials who have a legitimate educational interest in reviewing the record;
 Another school where the student transfers to;
 Appropriate officials for evaluation or auditing purposes;
 Appropriate individuals in connection to the student’s financial aid;
 Organizations providing certain studies on behalf of the school;
 Accreditation institutions;
 To comply with a court order or subpoena;
 Appropriate officials in safety and health emergencies; and  Juvenile justice system authorities, pursuant to specific State law.

Schools are allowed to disclose, without consent, “directory” information including name, phone number, and other such basic information as long as they tell parents about such information and allow a reasonable time frame to opt out.

These rights under FERPA will transfer to the student when they reach the age of majority (age 18) or attend college or an educational institution beyond high school.
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Articles Posted in School Law

Good Georgia Education & Employment Lawyer Needed During Non-Renewal of Teacher Contracts, PDP’s, and Terminations:

Parents Rights Under the Federal Educational Rights and Privacy Act