§ 20-2-984.3 - Professional Standards Commission -- Preliminary investigations of violations; requirement for automatic investigation; investigation of sexual offenses
               	 		
O.C.G.A.    20-2-984.3   (2010)
    20-2-984.3.    Professional Standards Commission -- Preliminary  investigations of violations; requirement for automatic investigation;  investigation of sexual offenses 
      (a)  Upon  receipt of a written request from a local board, the state board, or  one or more individual residents of this state, the commission shall be  authorized to investigate:
      (1)  Alleged violations by an educator of any law of this state pertaining to educators or the profession of education;
      (2)  Alleged violations by an educator of the code of ethics of the commission;
      (3)  Alleged violations by an educator of rules, regulations, or policies of the state board or the commission;
      (4)  Complaints  alleging a failure by an educator to meet or comply with standards of  performance of the commission or the state board; or
      (5)  Complaints  alleging that an educator has been convicted of any felony, of any  crime involving moral turpitude, of any other criminal offense involving  the manufacture, distribution, trafficking, sale, or possession of a  controlled substance or marijuana as provided for in Chapter 13 of Title  16, or of any other sexual offense as provided for in Code Sections  16-6-1 through 16-6-17 or Code Section 16-6-20, 16-6-22.2, or 16-12-100  in the courts of this state or any other state, territory, or country or  in the courts of the United States. As used in this paragraph, the term  "convicted" shall include a finding or verdict of guilty or a plea of  nolo contendere, regardless of whether an appeal of the conviction has  been sought; a situation where first offender treatment without  adjudication of guilt pursuant to the charge was granted; and a  situation where an adjudication of guilt or sentence was otherwise  withheld or not entered on the charge or the charge was otherwise  disposed of in a similar manner in any jurisdiction.
(b)  The  commission shall decide whether to conduct a preliminary investigation  pursuant to this Code section within 30 days of the request unless an  extension is granted pursuant to the procedure outlined in subsection  (b) of Code Section 20-2-984.5. The commission may appoint a committee  of its membership with the power to transact and carry out the business  and duties of the commission when deciding whether to conduct a  preliminary investigation.
(c)  When an  educator admits on a Professional Standards Commission application to  having resigned or being discharged for committing a felony or  misdemeanor involving moral turpitude or being under investigation by  law enforcement authorities for such conduct or for committing a breach  of the code of ethics or for a violation of state education laws or  having a criminal history or having had a surrender, denial, revocation,  or suspension of a certificate or being the subject of an investigation  or adverse action regarding a certificate, an investigation will  automatically open without notification to the commission and with  written notification to the educator.
(d)  Notwithstanding  the requirements of this Code section, the staff of the commission  shall be authorized, without notification to the commission, to  immediately open an investigation submitted to the commission by a local  school superintendent, with approval of the local board of education,  of a complaint by a student against an educator alleging a sexual  offense, as provided for in Code Sections 16-6-1 through 16-6-17 or Code  Section 16-6-20, 16-6-22.2, or 16-12-100.