(a) 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. (b) 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. (c) 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. (d) 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. |