Georgia Injury Lawyer Blog

Good Georgia Education Lawyer sued Superintendent Cheryl Atkinson and DeKalb County School District on behalf of our client for violations of the Open Records Act in relation to a fair dismissal hearing where a graduation coach was non-renewed due to a reduction in force.

The complaint alleged that Defendant Superintendent Cheryl Atkinson thwarted the Georgia Open Records Act by withholding the production of public documents: text messages contained within her DeKalb County School District issued cellular phone. The complaint also alleged that the Superintendent made representations that she would be willing to offer Plaintiff a job and 11 (eleven) other of Plaintiff counsel's clients who had been "RIF'd" (laid off due to a reduction in force) in exchange for Plaintiff being willing to withdraw her Georgia Open Records Act demand for the Superintendent's text messages.

As a "tenured" Georgia educator, the complaint alleged that the Plaintiff is subject to rights under the Fair Dismissal Act O.C.G.A. § 20-2-940 which provide her with the opportunity to be heard and to present evidence in a non-renewal hearing in front of a tribunal. Her due process rights are alleged to have been violated by a failure to disclose evidence and information concerning these factual allegations that are being withheld deliberately and without substantial justification by DeKalb County School District and the Superintendent.

The Plaintiff further contended that the school district unlawfully engaged in a pattern and practice of systematically and pervasively violating Georgia law O.C.G.A. § 20-2-948, through an arbitrary and capricious implementation of the Reduction in Force in violation of DeKalb County School District employees' rights.

Good Georgia Lawyer was pleased to save the job of a Clayton County Public School teacher who had his contract non-renewed. Fortunately, we were able to aggressively intervene and the school system rescinded the non-renewal of the teacher, placing him back into the school system and awarding him all his retroactive back pay.

Said this teacher:

"My family appreciates your hard work and dedication to the case. You have brought so much joy and dignity back to our household and professional life. You worked hard and gave it your all to bring justice to our case. As a result, many will gain because you made it okay to fight for what is right!

When we went into education, we never thought we would have a battle as this one. Yet, we grew professionally and learned quite a bit. We will always hold your name, Julie, up in our prayers and meditations because without your efforts we would be lost.

Thank You! Thank You! Thank You!"

Good Georgia Lawyer is proud to represent Georgia educators throughout our state. We are not afraid of suing school districts and fight hard to protect the rights of teachers, administrators, parents, and students who go up against these mammoth governmental entities who pay their law firms millions of dollars to fight disputes. Williams Oinonen LLC is proud to say that we do not represent school districts---only educators and the families they teach. We are also proud to be a Georgia Association of Educators referral firm.

If you are a teacher with a problem during the school year do not wait till you get a non-renewal letter down the road. If you receive a PDP or letter of directive, the time to act is NOW rather than later to save your job and protect your interests. If you are looking for aggressive fighter on your side, contact us to insure your legal rights are protected.

In a recent Fair Dismissal Hearing, the Tribunal published its "Findings of Fact and Recommendations to the DeKalb County Board of Education" stating that it "rejects the recommendation to terminate the contract" of a media specialist educator based upon the Reduction in Force plan.

Ms. Oinonen successfully argued that Dekalb County School District's (DCSD's) implementation of the Reduction in Force (RIF) plan is illegal and a violation of the new law, OCGA 20-2-948. This legislation, recently enacted in May 2012 holds it illegal to consider length of service as the primary factor in a RIF. Rather school districts must consider "performance of the educator" as the primary factor in implementing a reduction in force.

Ms. Oinonen argued that this is exactly what DCSD is violating although they denied it--- using a seniority "first in last out system" by claiming that everyone is equal because everyone supposedly has an "overall" satisfactory performance evaluation.

However, under cross examination, the Chief Human Resources officer admitted that DCSD retained people who currently have "Needs Improvements" on their evaluations and who had been on Professional Development Plans ("PDPs") compared to our client with a perfect record.

The Tribunal agreed with Ms. Oinonen's argument and stated in their findings that they "believed that job performance was not fully and properly investigated to differentiate between employees." Additionally, the Tribunal stated the following:

"[T]he Superintendent failed to properly evaluate the final 13 Media Specialists concerning performance, but instead found these 13 to be `equal on performance based solely on an annual evaluation of "satisfactory" without any further review and investigation of these employees. The Tribunal believes it is crucial to further evaluate these employees to weigh and quantify them on performance standards. Failure to do so disregards the intent of OC.G.A. § 20-2-948 which requires the Board to consider performance as the primary factor in implementing a RIF action. Accepting only the annual evaluation of "satisfactory " fails to even minimally comply with this requirement and limits the ability of the District to maintain quality personnel."

The following are two brief excerpts of the cross examination of Dr. Ward Smith, Chief Human Resources Officer during the tribunal hearing and Ms. Oinonen's closing argument:

Excerpt of the Cross Examination of Dr. Ward Smith:

Q. Okay. Now, reminding you that you're under oath, Dr. Ward-Smith, I'd like to ask you would you admit to me that there are some media specialists currently still employed with DeKalb County that have actually been on a PDP at one point in their career?

A. Yes, one point in their career. That is the key phrase.

Q. And would you agree with me that there are some media specialists currently employed with DeKalb County School District that have been on a PDP while as employees of the School District, DeKalb County?

A. I just answered it. Yes.

Q. Well, let me clarify just for the point of the record. I earlier asked would you agree with me that there are currently some media specialists that are still employed with your School District who have been over the course of their entire career in the United States of America have been on a PDP. And I believe you answered yes, correct?

A. Yes. Uh-huh (affirmative).

Q. And now, my second question, just to clarify: Would you also agree with me that there are still media specialists that are going to go back to work this fall who have also been on a PDP while under the auspices of employment within the DeKalb County School District?

A. Yes.

Q. Would you agree with me that Mr. Lynch has never been on a PDP at DeKalb County School District?

A. I cannot confirm, but I would say I don't have information in front of me.

Q. Okay. You don't have the information -- you're saying today under oath that you have no idea whether Mr. Lynch has ever been on a PDP?

A. I'm saying I did not have a PDP for Mr. Lynch.

Q. Okay. And you are also saying, and, again, I'm not trying to be difficult, I just want to understand for the purpose of advocating for my client that you are stating under oath today that you have no knowledge whether he's ever been on a PDP before in his life?

A. I am saying I did not have a PDP for Mr. Lynch.

Q. You don't have one today or you don't --

A. I do not have one --

Q. -- have knowledge?

A. I don't have knowledge of a PDP for Mr. Lynch.

Q. Okay. Thank you. Would you admit, Dr. Ward-Smith, that there are some media specialists that are currently still employed with your School District who have received an NI, needs improvement, on their annual performance evaluations at one point during their career over the past year at DeKalb County School District?

A. Yes, ma'am.

Q. Okay. So there are actually media specialists going back to work this fall who have an NI on their annual performance evaluations?

A. I would say yes, there are.

Q. Okay. And you know that Mr. Lynch has never gotten an NI at DeKalb County School District?

A. Over the last three years, the annual evaluation overall ratings that we reviewed -- and like I say, I can't answer that. But at that particular point, I have no knowledge of Mr. Lynch having an NI.

Q. Okay.

A. Over the last three years.

Q. Do you have any knowledge of Mr. Lynch's annual performance evaluation, period?

A. Yes, ma'am. I have knowledge that it was overall satisfactory.

Q. Okay. Now, let's go back to this RIF evaluation that's now required by Georgia law since May of 2012, regarding considering the primary factor the performance of the educator. So I'd like to talk about this. Now, I think you've already admitted that media specialists -- there's media specialists that are still employed at DeKalb who don't have dual certifications like Mr. Lynch and who have been on Needs Improvement, unlike Mr. Lynch, and who have been on PDPs, unlike Mr. Lynch. So I want to ask you how many media specialists, to your know- -- media specialists, it's like a librarian, right?

A. Library media specialist. Yes, ma'am.

Q. Okay. Okay. So how many library media specialists, to your knowledge, have a 4.0 masters degree in Library Information Sciences?

A. I'm not aware.

Q. Okay. Would you agree that certainly there's probably just a small percentage of them out of the whole 130 folks that you evaluated?

A. I'm not aware of an exact number.

Q. So you don't have that data today that you can show us whether --

A. I do not.

Short Excerpt of Ms. Oinonen's Closing Argument:

"We're 85 million dollars in deficit. But at least, let's do it right. We have enough problems in DeKalb County than screwing up this whole thing and not even complying with Georgia law, and for goodness sake, our own policy, our own policy that our Superintendent and our School Board approved, which states: "The criteria and the evaluation is to be based on professional expertise and certification and performance based upon annual evaluation and seniority only after the aforementioned factors have been considered and found to be equal." That's in addition to the requirement of the law.

And that's why you must reverse this RIF, because they're violating Georgia law. They are not following RIF statute, they are not following their own RIF policy.
But, again, they have the burden of proof to prove that they are. And what did they prove? Did they show us this magical database that I was stammering over when I was trying to think of Dr. Fletcher's excellent question about the rubric? Did they even bring one personnel file to show about these 13 people that were RIF'd? Not once did they present any kind of statistical analysis, did they show us the percentages or any type of formula based on number of satisfactory evaluations to unsatisfactory? No, they didn't do any of that.

But I tell you what they did do. They showed you that something really screwed up is going on. And I say this respectfully, because I think these are all nice people. But why? I can't testify, but I represent educators. And I know what goes on. Why are they keeping people that are on PDP? We all know what that means. Why are keeping people that have a bunch of NI's? You heard her testifying under oath that the people that they kept that didn't RIF, the media specialists, the 130 people that they all said were equal or, you know, were all satisfactory, why were they keeping people that are on current Professional Development Plans or receiving NI rankings and RIFing the people that have absolutely satisfactory evaluations?

This stinks to high Heaven. Something is going on. And it's up to you all to address this issue and to let them know that we understand we're in deficit. We understand we have to RIF people, and it's difficult and it's hard decisions. But when we're going to make these hard decisions, my God, at least let's make them right so they don't end up getting reversed and we end up being in a deeper hole. Let's at least follow our own policy, and let's do it as educators.

We're educators. My God. We've trained on how to do these things. I mean, isn't that what we taught constantly as educators, about learning assessments and evaluations, and we can't even evaluate our own properly? There's something that's going on here. And I'm asking you today to address it and nip this in the bud, because if they're doing this to media specialists, then what are they going to do with the teachers?

Think about that when that comes down the pipe, when 250 teachers get passed, and the Board recommends that they're laid off. Is this how they're going to evaluate? If you don't say something now, they're going to do it to all the teachers in the DeKalb County School District. They're going to RIF the people with satisfactory evaluations, and they're going to keep the people on PDP and with NI's in their record. And what outcome for results is that going to be to the children of DeKalb County? Think about that.

The School District failed to meet their burden of proof. I did not see one chart. I did not see one graph. I did not see one personnel file, which by the way, is subject to the Opens Records Act, and if they were concerned about confidentiality, they could have redacted some names. I didn't see any of that. I didn't see anything, anything, not one single document that really analyzed the criteria according to who should be RIF'd and who shouldn't.

All I heard was Dr. Ward-Smith say a quote that I wrote down to be sure I quoted. She used four words, all things are equal. No, they're not. They're not. They're not following. They're not doing what they're supposed to do. They're not complying with RIF policy, and they're not complying with Georgia law.

I'm not asking you to please play favorites on Mr. Lynch. I'm asking you to do the right thing. I'm asking you to do the right thing that he is afforded as a Georgia educator under O.C.G.A. 20-2-940, and I'm asking you to do the right thing regarding Georgia law concerning the reduction in force and concerning our own School District policy.
You've seen his résumé. And you all know whether this is average or not, a 4.0 Master's degree, Honor's Dean List from UGA, Community Service, Obama Organizing Fellow, English Honor's Society Member, Delta Epsilon Iota Honor's Society Member, UGA Honor's Program Member.

The only reason I -- the only thing that I didn't do that I probably should, I mean, I should have asked Mr. Lynch how much he loves teaching. But I didn't talk about -- I didn't ask him about how much he loved the students. So I can't really go into that, because I didn't present it as evidence, and I wish I had.

But I'm asking you to reverse his RIF. I know it's a big thing, but it's the right thing to do. And if it doesn't get done, and if we just rubber stamp this decision, mark my word, they're not going to just do it to Mr. Lynch, they're going to do it to every teacher. Mark my words, you're going to send a message today. And I just ask you to send the right one. And I ask you sincerely to think carefully what I said and to review all the evidence, and to reverse Mr. Lynch's reduction in force and termination."

It is that time of year again: a time that can be very difficult for teachers in Georgia who have recently received a letter notifying them that their contract has been non-renewed. As many teachers already know, the law in Georgia protects teachers who are in their fourth year within the same local school district. The law states that once a teacher accepts a school year contract for the fourth consecutive school year from the same local school district, that teacher may not be demoted or non-renewed unless for a set of specific reasons. And if demotion or non-renewal occurs, those teachers are entitled to procedural due process which includes a non-renewal hearing. Good Georgia Lawyer has written extensively about teacher rights so to learn more about your rights to a non-renewal hearing, we recommend you read our article here. Also you can read here. And here as well.

The grounds for suspension or termination are listed in O.C.G.A. § 20-2-940 and include such reasons as: incompetency, insubordination, immorality, willful neglect of duties, inciting students to violate laws, failure to maintain educational training, reduction of staff due to loss of students or cancellation of programs, or any other good and sufficient cause.

Regarding the "reduction of staff" grounds for non-renewal, one small improvement to the law happened during this year's legislative session 2012. As a result of so many teachers facing layoffs due to our difficult economy, legislators added language which states that if non-renewal occurs due to reduction in staff (often known as "Reduction In Force" (RIF) ) due to no fault or performance issue, the local administration must specify in writing "that the termination or suspension is due to no fault or performance issues" of the employee. See: 2012 Georgia Laws Act 707 (S.B. 153).

Regardless of the reason, receiving a non-renewal letter can be a very painful and stressful experience. The important issue is deciding whether or not to choose to exercise your rights to a non-renewal hearing or not. If you are a certified teacher who is in their fourth consecutive year at a local school district, one of your decisions is whether to elect your right to the non-renewal hearing. Before you make your decision as to whether you wish to exercise your rights to such a process, it is important to seek counsel to be certain you are aware of all potential legal options.

Oftentimes, we have clients who have come to us with a certain set of facts and may not be aware that they may have various legal claims in addition to their right to a non-renewal hearing. Before you make such an important decision regarding your professional future, give us a call to obtain the legal advice you deserve.

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.

Continue reading "Good Georgia Education & Employment Lawyer Needed During Non-Renewal of Teacher Contracts, PDP's, and Terminations:" »

A family in Gwinnett County are very upset when their 13-year-old child was suspended after voluntarily turning in a pocket knife he had found in his school bag. After complaining, school officials agreed to decrease the number of days he was suspended and rethink the suspension policy.

The young child found the pen knife in the backyard that his aunt had bought second hand at a yard sale and given him as a Christmas gift. As soon as he found the knife, he immediately turned it into his teacher.

Even though it was obviously not the young man's fault, common sense did not follow and the school foolishly gave the boy a four day in school suspension for violating the school policy on weapons.

Since then, though, school officials have now reduced the boy's suspension to two days and claim they will "rethink" the policy. Says the boy's father: "He is a very good child. We've never had a discipline problem with him; he is in Boy Scouts, he is very good natured." Additionally, he told his son, "Jack, you did the right thing. What else could you have done?"

Severe and automatic punishments evolved from the 'zero-tolerance' movement which started in the eighties in keeping with the federal anti-weapons and drug policies. But as the AJC reports: over the years, Georgia students have been suspended under zero tolerance "for kissing a girl on the forehead, wearing a studded belt, bringing a French teacher a gift-wrapped bottle of wine and carrying a Tweety Bird wallet with a chain on it."

In 2009, a similar incident happened when a middle school student accidentally brought a fishing knife to school and ended up being expelled, arrested, convicted of a felony and sent to an alternative program even though he voluntarily gave up the knife to the principal.

This is an example of the type of absurd, common-sense lacking decisions that sometimes occur among school districts as experienced by some of Good Georgia Lawyer's clients. Fortunately, in response to the 2009 incident, state Senator Emanuel Jones, a Democrat from Decatur, sponsored legislation that required a hearing before taking a student into custody and prohibits charging a student as a designated felon unless the weapon is used in an assault or it is a gun. This bill was signed into law in spring of 2010 by the Governor.

If your son or daughter becomes a victim of this type of common senseless injustice, it can be very helpful to contact an attorney right away to protect your child's legal rights. Georgia law provides that if there is the potential of a suspension longer than ten days, then O.C.G.A. § 20-2-753 requires a disciplinary hearing where the requirements of O.C.G.A. §20-2-754 are met including providing written notice, entitling the student to be represented by legal counsel and to present evidence.

In this instance, if the period of discipline is shorter than ten days, an attorney is still helpful to protect your child's rights in these types of extreme instances. If other issues are involved--such as violations of Georgia bullying law or federal disability laws--there can be even greater need to obtain legal counsel.

Continue reading "Good Georgia Education Lawyer Discusses Georgia School District's Unfair Discipline Of A Student " »

Williams Oinonen LLC is happy to report recent success in representing a Georgia educator with decades of experience who had her contract non-renewed with the Fulton County School District. To add insult to injury, the school district denied her employment benefits putting this divorced mother at risk of losing her home and not being able to provide for her young children right before the Christmas holiday.

Williams Oinonen LLC generally bills clients in all employment matters but in this case, we accepted this matter on a pro bono basis as this successful educator had been a loyal client of ours in the past and was in an emergency situation in need of urgent help. It was the least we could do to help a dedicated and committed educator who had served the Georgia public schools for so many years.

We are happy to say that we were able to win our client's appeal and she was awarded back pay and her unemployment benefits just in time for Christmas. We were humbled to receive from her the following email which she gave permission to share:

"Williams Oinonen LLC is a law firm whose attorneys command that justice be served. My case involved complex tactics on the defendant's part to undermine my professional integrity and years of service as an educator, including denying my rights to unemployment benefits in a tough job market.

Thank you again, Ms. Oinonen. You are a life saver! Everyone (my loved ones) is ecstatic with your work!"

Williams Oinonen LLC is committed to helping teachers, educators, parents, and students insure that their rights are protected under the law. If you are a Georgia teacher, Georgia parent, or Georgia student that is in need of legal assistance, don't wait till the situation gets worse.

Often times, we are able to do things before the injustice occurs to mitigate damages or prevent the worst from happening. If you suspect that your rights are being slowly violated, don't wait till negative action is taken such as through a non-renewal letter. Contact our office first to schedule an appointment in order to set in place the necessary protections to protect your legal interests.

Here is one letter that Williams Oinonen LLC recently received from a satisfied client who walked out of our office with a very fat check after hiring us to handle her case. This client was a school teacher who lost everything and was severely injured due to someone's negligence. While we can't tell you the Defendant's name or the amount of money they had to pay her to compensate her for these injuries due to a confidentiality agreement, we can share with you what she states in her own words about us:

"Hi, my name is Nicole and I retained services from Williams Oinonen LLC. This was my first time hiring a lawyer so naturally I was very skeptical. But, my experience with Williams Oinonen LLC has been a fantastic experience. When I first sought out a lawyer, I emailed countless of law firms and most law firms didn't even respond to my email. One law firm responded and told me I didn't have a strong case. Williams Oinonen LLC is the ONLY law firm that even considered taking my unique case.

Thank you for EVERYTHING !!! My family and I can now move on with our lives!"

Williams Oinonen LLC partner Julie Oinonen was recently appointed as a Fellow at the Emory University School of Law Center for Advocacy and Dispute Resolution.

Previously, Ms. Oinonen has been a Dean's Teaching Fellow and Post Doctoral Fellow for Emory University School of Law. She is also admitted into the prestigious Order of Emory Advocates, in addition to being awarded the Kathleen Kessler-Eidson Trial Advocacy Award and International Academy of Trial Lawyers Award by Emory University School of Law. Ms. Oinonen has a Masters of Education and Masters of Business Administration graduating Magna Cum Laude. She completed her undergraduate education at Covenant College, a Christian college located on Lookout Mountain, Georgia.

Ms. Oinonen now joins her partner, Mr. Mario Bernard Williams, who is also a Fellow at the Center. Prior to Mr. William's career as an attorney at Williams Oinonen LLC, he worked in the field of International Human Rights throughout South America. Mr. Williams graduated with honors from Morehouse with a degree in Political Science and has extensive experience with opponent research, policy analysis and political consulting. Additionally, Mr. Williams and Ms. Oinonen have had much success working on opponent research campaigns for elected officials throughout Georgia.

Ms. Oinonen's recent appointment as Fellow at the Center for Advocacy and Dispute Resolution makes Williams Oinonen LLC the only law firm in the United States to have both Partners named as Fellows of Emory University Law School.

Currently, Williams Oinonen LLC is accepting new clients. We welcome you to contact us to schedule an appointment today.

Today a Barrow County judge ruled against a former teacher who alleged that she lost her job due to a posting on Facebook.

Ashley Payne resigned from her job as a teacher at Apalachee High School in the Fall of 2009 after an individual who stated they were a parent sent a complaint about postings Ms. Payne had made on Facebook showing her drinking alcohol and stating that she was headed to a game of "Crazy Bitch Bingo" at an Atlanta restaurant. Ms. Payne claims she was under pressure to resign however the school district disputes this claiming she volunteered.

Ms. Payne is now graduate student at UGA and filed suit asking the court for a determination stating she was entitled to a due process hearing. It is unfortunate that Ms. Payne did not ask for a due process hearing, speak to her union advisor, or consult an attorney prior to resigning.

Under Georgia law, it would be very difficult to show that a voluntary resignation is truly one made under duress and a violation of one's due process rights. Thus, it is very important for a teacher to seek legal advice prior to making such an important decision concerning their employment.

Here at Good Georgia Lawyer, we have represented many teachers dealing with employment issues and we have written about the rights of school teachers in Georgia previously.

In a nutshell, O.C.G.A. §§ 20-2-940, et seq., regulates the hiring and firing of teachers in Georgia. Firing or suspension can only be had based on eight grounds as listed and the district is required to hold a hearing before this happens.

Notice is required to be given to the teacher notifying them of the hearing and charges placed against them at least ten days prior. To learn more information, please read our article here which explains the process in more detail.

To understand your legal rights, we recommend you read our article here.

To schedule an appointment to meet with an attorney to discuss your personal employment situation, contact Williams Oinonen LLC at 404-654-0288.

Dear Dr. John Barge:

Our law firm urges you to submit a DOE proposed rule pursuant to O.C.G.A. §50-13-4(b) that protects our young Georgia student athletes from further injury and death due to heat related illnesses as a result of sports practice in high temperatures during the most dangerous months of the summer. As you know, just last week, two Georgia high school students have died from heat exposure during football practice - two deaths that should have been completely treatable and avoidable. These deaths are two too many.

Consequently, we ask that you take action by issuing State DOE recommendations to local county school districts, in addition to submitting a proposed rule concerning school sports safety before another student's life is put at risk.

Georgia high schools were allowed to begin "mandatory" outdoor football practice on Monday, August 1, during the midst of an oppressive heat wave. As a result, on Tuesday, two Georgia teenagers died after practicing in that heat. On Tuesday morning, Fitzgerald High School defensive lineman DJ Searcy, 16, died after practice with his team's football camp in Lake City, Florida. Later in the evening, Locust Grove High School offensive lineman Forest Jones, 16, died after passing out and spending a week in a coma after a voluntary workout with his team.

The problem, as Dr. Ralph Swearngin, Executive Director of the Georgia High School Association (GHSA) has publically admitted, is that the decisions regarding these issues are left solely to the judgment of coaches and respective school administrators. Unfortunately however, a significant lack of judgment has been displayed. It is also clear that GHSA as a voluntary association is not the suitable authority to hold schools accountable as they have limited enforcement mechanisms. Thus we urge you to step in to address this issue as you possess the leadership to demand accountability.

I am enclosing in the body of my letter a portion of a very, good article which offers concrete recommendations for resolving this problem written by Buddy Morrison, an attorney at Butler, Wooten & Fryhofer. Mr. Morrison writes:

"These two deaths come on the heels of a report by the CDC that nearly one-fourth of all emergency room visits for heat illness are attributable to football, and that August is the most common month for heat illness to occur. Over the past fifty years, hundreds of football players have died from heat-related illnesses - with most of those deaths coming in the first couple of days of practice.

Unfortunately, Georgia schools are not doing nearly enough to protect students. The Georgia High School Association (GHSA) and its member schools have failed to properly regulate practice in the heat in order to prevent the onset of heat-related illness. Even after these two recent deaths, Georgia high school coaches are still subjecting children to overexertion in dangerous heat conditions. Even worse, schools are not taking adequate steps to diagnose heat illness. Finally, even when heat illness is diagnosed, schools are not taking simple steps that would make death from heat illness entirely preventable. In sum, August football practices at Georgia high schools are unreasonably dangerous.

In response to Tuesday's deaths, the GHSA shifted responsibility by noting that it requires individual schools to submit their own written policies for practicing football in the heat. The GHSA has also been conducting a study with Michael Ferrara, Ph.D. at the University of Georgia, to study the relationship between heat levels and heat illness, but that study has not yet been completed. The GHSA stated that it may implement a uniform heat policy in the future.

The GHSA began requiring heat policies from its member schools five years ago, when a Rockdale County football player suffered a heat-related death. The policies must specify the time of day practices may be held and the amount of time allotted to rest at various heat/humidity levels, as well as set a maximum heat/humidity level where outdoor practices must be terminated. Essentially, the school must implement a sliding scale related to the heat index - when the heat index is X, practice must start before Y. When the heat index reaches Z, practice must be canceled altogether or moved indoors.
The "sliding scales" drawn up by the individual schools vary widely from district to district. Dr. Frerrara noted that "we have seen some policies that have been conservative while others have allowed practice to continue in extreme conditions." More importantly, the policies do not apply to "voluntary workouts" during the summer - only to "mandatory" workouts. So long as the players are not required to be at the workout, the coach can hold the workout in any manner he chooses regardless of the heat index. According to the GHSA, both of the players who died this week were participating in "voluntary workouts" not subject to the GHSA or school regulations.

Even for the "mandatory" practices, including the critical first week of practice beginning August 1, GSHA schools are not required to submit written guidelines for the total amount of time spent practicing, the type of equipment worn, or procedures for diagnosing and treating heat illness. Instead, the GHSA practice rules simply provide that "mandatory" practice may begin on August 1, and that in the first five days of practice, at least two days must have "players dressed in shorts, helmets, shoulder pads, mouthpieces and shoes only." For the other three days, players may wear full pads. Further, schools can have "voluntary workouts" at any time, where the players may only wear helmets and mouthpieces.

The GHSA and its member schools need not apply such a haphazard set of rules - uniform, comprehensive guidelines for practicing football in the summer are not hard to find. In 2009, the National Athletic Trainers' Association (NATA) issued comprehensive guidelines for beginning football practice that are stricter than even the GHSA practice-time rules. The NATA recommends that the first two days of practice be helmets-only and that the next three days be limited to helmets and shoulder pads. The NATA further recommends that an athletic trainer be present at every practice, only one practice per day during the first five days of practice, a maximum of three hours of practice during the first five days, and no consecutive "two-a-days" (two practices in one day) during the second week of football practice.

It is clear that, even in the wake of these two deaths, some Georgia coaches are not taking the risk of heat illness and death seriously. This week, Temple High School and West Hall High School kicked off their football camps with three-a-day workouts, and continued doing so even after Tuesday's tragic news. Schools throughout the state are still conducting two practices a day. Although many schools, including Atlanta public schools, have canceled outdoor afternoon practices during the heat wave, other schools around the state have not altered their practice plans in response to the oppressive heat.

Other coaches mistakenly place the responsibility for proper heat acclimatization on the players themselves. The coach of Mt. Zion High School attributed heat issues to players "laying on their couch all summer." The coach of Carrolton High School suggested that players participating in the "voluntary workouts" handled the heat better than other players. (The NATA guidelines call for proper heat acclimatization for all players - even those who do not participate in the "voluntary workouts" throughout the summer.) Marion County High School actually depended on the voluntary workouts to get players acclimated to the heat. Coach Mike Swaney observed: "If you let the kids stay home in the air conditioning and let them play video games and watch TV -- if they don't do anything all summer -- they will be in a situation where they'd be in a state of shock to come out in this kind of heat."

Not only are Georgia high schools failing to take adequate measures to prevent heat illness, they are also failing to adequately diagnose and treat symptoms. Although most coaches now allow players to take a break and rehydrate whenever necessary, "sometimes coaches confuse heat stroke with goofing off, so they push the players harder," said William Roberts, M.D., former president of the American College of Sports Medicine.

The most effective way to determine if a particular athlete is suffering from heat illness is with a rectal thermometer. A body temperature of over 104 degrees Fahrenheit is considered to be heat stroke. High schools are not using the best objective method to diagnose heat stroke. Depending on the athlete to volunteer that he is experiencing symptoms is not enough - first, athletes often fail to report symptoms to exhibit their "toughness," and second, an elevated core temperature decreases the athlete's cognitive ability and judgment.

Even when a player does show symptoms of heat illness, teams often fail to take adequate steps to protect their players from further damage. Water, rest, and shade are not enough. Death from heat stroke is 100% preventable, but it requires immediate and correct medical attention. "You have to diagnose [heat stroke] quickly and treat it quickly or a cascade of bad events starts to happen," Dr. Roberts said. Players who show signs of heat illness should be placed in a tub of ice water, which can reduce body temperature from above 108ºF to below 102ºF in 20 to 40 minutes. Rehydration alone cannot stop heat stroke quickly enough. According to Douglas Casa, Ph.D., director of athletic training education at the University of Connecticut, if teams kept a "kiddie pool" of ice water available at practices, they could prevent heat-related deaths. Even in August's sweltering heat, most football teams fail to take this simple precaution.

While heat illness is more prevalent in high school football than other sports, no student-athlete is immune from its effects. Baseball, soccer, and cheerleading all have their share of heat-related illnesses, as confirmed by the CDC report. Also during this time of year, the marching band practices alongside the football team in the blazing heat. Notably, these sports and activities lack even the superficial safeguards that have been implemented for football.

This week has reminded us that mixing fall football with August heat is a deadly combination. Unfortunately for Georgia's student-athletes, schools are making football unreasonably dangerous by requiring too much practice in the heat and failing to properly care for players who suffer from heat illness brought on by that over-exertion. Two sixteen-year-old boys died on Tuesday from a condition that was both 100% avoidable and 100% treatable."

Dr. Barge, we appreciate your public service to the citizens of Georgia. We ask that you address this very pressing issue before any other young person loses their life. These deaths resulted from negligent acts that occurred due to a lack of training, awareness, and judgment. If the Georgia DOE would issue guidance in addition to a proposed rule concerning athletic safety, this could insure that no other Georgia student is put at risk in the future.

Very truly yours,

JULIE J. OINONEN

Cc: Governor Nathan Deal

This is the second part of our article concerning the rights of Georgia public school teachers relating to termination, non-renewal of contracts, demotions, reprimands and the like.

You As A Contracted Public School Employee, Teacher Or Principal Are Entitled To Proper Service:

All notices relating to suspension from duty must be served to the employee either personally, or by statutory overnight delivery, or by certified mail. Service is considered "perfected" when it is deposited in the United States mail, sent with sufficient postage stamps, and delivered to the last known address of the employee.

You Have A Right To An Attorney Present:

Any teacher, principal, or other public school district contract employee against whom such charges are brought shall be entitled to be represented by counsel and, if upon request, can also subpoena witnesses and production of documents.

The Requirements Of The Hearing:

(1) The hearing is conducted in front of the local school board, or they can designate a tribunal made up of between three to five impartial people who have expertise in academics. This tribunal will then submit findings and recommendations to the local school board who will make the final decision.

(2) The hearing will be transcribed and the board is responsible to pay for that expense. The transcript does not need to be typed unless the decision is appealed to the State Board of Education which in that event whomever is making the appeal must pay.

(3) An oath must be taken by all witnesses during the hearing to tell the truth.

(4) All questions relating to legal matters such as admissibility of evidence is decided by the chairperson or presiding officer and can be appealed. In all hearings, the burden of proof shall be on the school system, and it shall have the right to present the opening and closing.

Decision And Appeals:

The local board must make a decision at the hearing or within five days of the hearing. If a tribunal hears the matter they must offer their recommendations within five days and then the school board has ten days to make their final decision. Appeals can be taken to the state board of education.

If you are a teacher or principal who finds yourself in this situation, don't go it alone. Remember, you are entitled to have an attorney represent you at the hearing.

Continue reading "Legal Rights For Georgia Teachers Relating To Demotion, Termination, Non-Renewal of Contract or Reprimand" »

The Official Code of Georgia §§ 20-2-940, et seq., governs the demotion,
dismissal, and suspension of professional, certificated school district employees in Georgia. This law also governs the termination and suspension of school district employees who have a contract for a definite term. The law applies equally to all employees who have contracts with the school district, but does not apply to at-will employees without contracts.

Termination or suspension can only be based only on the eight grounds listed in
O.C.G.A. § 20-2-940(a), and the school district is required to hold a hearing before this happens. (Suspension is without pay and may last up to 60 days under O.C.G.A. § 20-2-943(a)(1)(b), and the suspended employee cannot be working at this time.) These eight specific grounds for suspension or termination are as follows:

(1) Incompetency--for example, deficient record keeping or a high failure rate of students.

(2) Insubordination--for example, failure to obey instructions.

(3) Willful neglect of duties--for example, failure to complete lesson plans and grades.

(4) Immorality--for example, sexual encounters at school.

(5) Inciting, encouraging, or counseling students to violate any valid state law, municipal ordinance, or policy or rule of the local board of education--for example, encouraging students to protest a board of education policy.

(6) To reduce staff due to loss of students or cancellation of programs--for example, due to budgetary considerations.

(7) Failure to secure and maintain necessary educational training--for example, a teacher who does not possess the necessary teacher certifications and failed to obtain it during a provisional probationary period.

(8) Any other good and sufficient cause--for example, making false statements about the school administration or assaulting a student.

Notice must be given to the employee of the hearing and charges at least ten days
prior to the date of hearing on the proposed termination.
At a minimum, the notice must include:

(1) The cause or reasons for suspension, discharge or demotion in detail enough that permits the employee to refute it if it is made in error.

(2) The names of witnesses and a concise summary of evidence that will be utilized to prove the case against the employees. The names of all new witnesses must be given as soon as practical.

(3) The place and time of the hearing.

(4) That the charged employee/teacher shall be given subpoenas (if requested) requiring the production of documents or compulsory attendance of witnesses as provided by law.

The burden of proof is on the school district and the employee has the right to appeal to the State Board of Education and later to the court system if necessary. In our next article, we will discuss service, the hearing itself, and the right to bring counsel.

Most importantly, if you are a teacher or a public school employee facing such a hearing, don't go it alone. Consider contacting our law firm for more information and legal assistance to aid you through the process.