Professional Standards Commission - Reports of Criminal Offenses to Local Boards of Education; Requests by Local Boards for Investigation; Immunity

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  7. Professional Standards Commission - Reports of Criminal Offenses to Local Boards of Education; Requests by Local Boards for Investigation; Immunity

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  1. Superintendents, associate or assistant superintendents, or directors of personnel shall make an immediate written report to the local board of education upon receiving a written report from any identified school system personnel or parent or custodian of a child enrolled in the school system that any school system educator employed by the local unit of administration has committed any of the following specifically identified crimes:
    1. Murder, voluntary manslaughter, aggravated assault, aggravated battery, or kidnapping, as defined in Chapter 5 of Title 16;
    2. Any sexual offense, as provided for in Code Sections 16-6-1 through 16-6-17 or Code Sections 16-6-20 through 16-6-22.2;
    3. Any sexual exploitation of a minor as provided for in Code Section 16-12-100;
    4. Any offense involving marijuana or a controlled substance, as provided for in Chapter 13 of Title 16;
    5. Any offense involving theft, as provided for in Articles 1 and 2 of Chapter 8 of Title 16; or
    6. Unlawfully operating a motor vehicle after being declared a habitual violator for violating Code Section 40-5-54, 40-6-391, 40-6-392, or 40-6-394 or any combination of such Code sections.
  2. If the local board of education determines that the matters reported under subsection (a) of this Code section warrant investigation, then the local board of education shall, within a reasonable period of time but not later than 30 days from receipt of the report, transmit such report to the commission with a request for investigation. The reporting administrator and the local board of education shall have a good faith, reasonable basis to believe that the incident occurred or evidence exists and shall, in the written report, set forth such basis and detail the nature of the incident, evidence, and names of any and all known witnesses; and in so reporting the administrator and the local board shall be immune from any civil or criminal liability that might otherwise be incurred or imposed.
  3. The willful failure of any such local school system administrator to comply with subsection (a) of this Code section shall be grounds for the commission's recommending to the local board of education or the State Board of Education, or both, imposition on the administrator of any of the disciplinary actions set forth in Code Section 20-2-984.5.
  4. The reporting requirements set forth in this Code section are in addition to and not a substitute for any and all other reporting requirements related to child abuse which exist under Georgia law.

(Code 1981, §20-2-984.2, enacted by Ga. L. 1998, p. 750, § 7.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1998, "of this Code section" was substituted for "of this Code Section" in the first sentence of subsection (b).


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