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Abstract
This study identified and analyzed Georgia State Board of Education dismissal appeal decisions of tenured teachers from the years 1991 to 2001. Relevant legislation and judicial decisions related to teacher dismissal were also reviewed. The dismissal cases were categorized based on the State Board of Educations decision to sustain, dismiss, or reverse the local board of educations decision, and arranged into one or more of the grounds of dismissal under the Georgia Fair Dismissal Law. The data for the study included a detailed analysis of relevant historical documents, constitutional provisions, statutes, regulations, and case law. Findings of the study include the following: 1) There are eight grounds under the Georgia Fair Dismissal Act for termination or suspension of a teacher, principal, or other employee having a contract for a definite period of time. Sanctioned grounds for such actions include: 1) incompetency; 2) insubordination; 3) willful neglect of duties; 4) immorality; 5) inciting, encouraging, or counseling students to violate any valid state law, municipal ordinance, or policy or rule of the local school board of education; 6) to reduce staff due to loss of students or cancellations of programs; 7) failure to secure and maintain necessary educational training; and 8) any other good and sufficient cause. 2) The Georgia State Board of Education grants substantial deference to local board decisions. The legal standard of review is that if there is any evidence to support the decision of the local board of education, then the decision will stand, unless there has been abuse of discretion or the decision is so arbitrary or capricious as to be illegal. 3) In the years from 1991 to 2001, there were 72 dismissal appeal decision cases to the Georgia Board of Education. Of these 72 cases, 56 were sustained, four were reversed, and 12 were dismissed. 4) Cases were based on incompetence; cases were based on insubordination; cases were based on willful neglect of duties; cases were based on immorality; cases were based on inciting, encouraging, or counseling students to violate any valid state law, municipal ordinance, or policy or rule of the local school board of education; cases were based on reduction in staff due to loss of students or cancellations of programs; cases were based on failure to maintain necessary educational training; and cases were based on any other good and sufficient cause.