Atlanta Public Schools might have to offer new employment contracts in May to 90 educators implicated in the cheating scandal because of job protection rights built into state law.
About 120 APS educators named in the cheating investigation are on paid leave while the district collects evidence to determine whether they should be fired. But much of that evidence is in the possession of Fulton County District Attorney Paul Howard, who has told school officials he will make evidence available as he completes his criminal investigation.
School officials say the since 90 educators have what is commonly termed tenure, the district must offer them another yearlong contract or be prepared to show why they are letting the educators go. That complicates the process, said APS spokesman Keith Bromery.
"You normally want to move [on termination proceedings] in the school year when allegations surface," he said.
The district is spending about $600,000 per month to pay the salaries for the 120 educators named in the report who did not resign or retire. Since state investigators released the 400-plus page report in July, about a dozen educators have faced sanctions from the school district or the Professional Standards Commission, which issues certificates to Georgia educators.
Firing a teacher with tenure, which is granted after three or more years of employment, is expensive and complicated. A school system must send a "charge letter" that details one or more of eight allowable reasons why the teacher is being fired. The teacher can request a tribunal hearing to decide whether the charges are warranted. The elected school board then votes to uphold or reject a teacher firing.
A teacher can appeal a local school board's decision to fire to the state school board, then to Superior Court, the Court of Appeals and finally, the state Supreme Court.
Supporters of tenure laws say teachers need a shield against unwarranted accusations from angry parents, or from the political maneuvering of meddling school board members. In the Atlanta case, many teachers have maintained their innocence and said they will fight to keep their jobs.
“[Howard] is certainly aware of our needs to get all of this done before we enter in period where we have to issue new contracts,” APS Superintendent Erroll Davis said
Borquaye A. Thomas, an attorney who is representing several of the accused teachers, said he anticipates the district will choose not to renew the contracts of these teachers. That means the district would not have to pay them while they are awaiting hearings and appeals, he said. The teachers would be eligible for back pay if they win their case.
"Most of my clients are concerned with their reputation and that is the most damaging aspect," he said. "Most are accused of something which at this point has not been proven and that stigma alone can be very damaging."
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