Legal Disputes Regarding Teacher Certification
The teacher certification process often goes beyond simply passing exams and escalates into a legal dispute against the state. This service focuses on cases where the National Center for Teacher Professional Development (TPDC) or the National Assessment and Examinations Center (NAEC) makes a decision that harms an educator's career advancement. Examples include: incorrect administration of exam results, unjustified refusal to grant status, non-recognition of credits, or removal from the scheme. Such administrative acts can be appealed in court. Disputes may also relate to the reimbursement of status supplements that the teacher was entitled to but did not receive due to bureaucratic errors.
Legal.ge offers experienced lawyers specializing in administrative law and specifically in education system regulations. We will help you protect your right to professional development and fair remuneration.
What Does the Certification Disputes Service Cover?
The service includes a full package of legal protection:
- Administrative Complaint: Preparing a complaint to the superior administrative body (Ministry of Education) against decisions by TPDC or NAEC.
- Court Lawsuit: Requesting the annulment of an individual administrative-legal act that denied the teacher status or credits.
- Damages Compensation: Claiming reimbursement for lost income (status supplement) for the period when the teacher's status was illegally suspended.
- Identifying Procedural Violations: Detecting procedural flaws committed during the exam or portfolio evaluation process and using them in court.
- Reinstatement in the Scheme: Restoring the rights of a teacher who was illegally expelled from the professional development scheme.
Common Real-World Scenarios and Needs
In practice, the following legal cases are common:
- Appeal Rejection: A teacher appealed an exam result at NAEC, but the commission did not change the score despite the answer being correct. A court dispute is needed.
- Disappearing Credits: Due to a technical glitch in the electronic system (eschool), a teacher's accumulated credits vanished, preventing them from obtaining status.
- Retroactive Payment: A teacher received status late due to administrative fault and demands reimbursement of the supplement for the missed months.
- Extension of Induction Period: A teacher could not complete certification within the deadline due to an objective reason (illness) and requested an extension, which was refused.
Georgian Legal Framework
Dispute resolution is based on the General Administrative Code of Georgia (administrative complaint) and the Administrative Procedure Code of Georgia (court dispute). In terms of substantive law, the Government Decree "On the Teacher Professional Development and Career Advancement Scheme" is crucial, as it defines the state's obligations to the teacher.
Service Process
The process includes:
- Evidence Collection: Requesting official written responses from agencies.
- Legal Assessment: Checking deadlines and grounds for appeal.
- Lawsuit Preparation: Filing a reasoned lawsuit in court.
- Enforcement: Monitoring the execution of the court decision (granting status or transferring funds).
Why Choose a Specialist on Legal.ge?
Disputing with state agencies is a complex process requiring deep knowledge of administrative law. Lawyers on Legal.ge will help you protect your professional rights and achieve justice in the certification process.
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