Teacher discipline in education law follows the general regime of school discipline: Article 19 of the Law on General Education regulates disciplinary prosecution in respect of both the pupil and the teacher. To this are added Article 12 — the right of appeal — and Article 21 — the teacher's obligations, which create the normative basis of disciplinary liability. Disciplinary liability under labour legislation is a separate layer applied as an additional regime; this page is carried by the law on general education.
The general standard of disciplinary prosecution — Article 19
Under paragraph 2 of Article 19, the requirements established by the school's internal rules, the disciplinary prosecution and the sanction must be reasonable, justified and proportionate. Prosecution is possible only in the cases provided for by the internal rules and in the prescribed manner, through a proper and fair procedure. During the prosecution the school is obliged to explain to the teacher the essence of the offence committed — a vague accusation invalidates the process.
Two fundamental limits protect the teacher as well: it is impermissible for a school to prosecute a teacher for an act committed during time free from school or outside the school's territory; and during disciplinary prosecution the teacher has the right of silence — though silence does not release from liability. A cruel sanction or one violating dignity is likewise impermissible.
The teacher's obligations — the normative basis of discipline
Article 21 establishes the teacher's obligations: providing quality education; taking into account the educational needs of a pupil with special educational needs; the pupil's personal development; the teacher's own professional development and participation in the professional development and career advancement scheme; observance of the teacher's code of professional ethics; fulfilment of obligations imposed by legislation and the employment contract; and provision of information on the state of health. A breach of precisely these obligations becomes the subject of a disciplinary accusation. Among the teacher's rights, the qualification provision stands out: once in 6 years the teacher may request unpaid leave of up to 1 year with the workplace preserved.
The law is categorical about the person of the teacher: a teacher cannot be a person convicted of an intentional crime whose conviction has not been lifted. The code of ethics and the internal rules define which conduct counts as a breach — the law requires that this definition be detailed.
Appeal — Article 12
Under Article 12 the teacher has the right, for the protection of their rights and freedoms, to appeal the unlawful and other illegitimate acts of the teacher, the school and the mandatur of the educational institution, and to receive full compensation for the damage incurred. The school is obliged to create an effective means of independent and impartial review of complaints; the same requirement binds the mandatur service of the educational institution as a public-law legal entity.
Sanctions and the school environment
Paragraph 3 of Article 19 lists the sanctions that may be provided by internal rules — warning, strict warning, expulsion from a lesson, temporary dismissal from school, assignment of school-beneficial activity and others. The hierarchy of decisions is likewise set by law: the decision to expel from a lesson is taken by the teacher, suspension from school for up to 5 days by the school director, and suspension for 5 to 10 days or expulsion from school by the disciplinary committee by secret ballot. The expulsion of a pupil at the primary or basic level is impermissible. Useful activity is imposed with the parent's consent and with a capped duration — no more than 1 hour per day at the primary level, 2 hours at the basic level and 3 hours at the secondary level, within the school's territory and under supervision. This list concerns primarily pupils' sanctions, but the general framework of school discipline shapes the environment in which an accusation against a teacher is also assessed: discipline always rests on respect — for the freedom and dignity of both the pupil and the teacher.
The rules of contact with a pupil during school time or on school territory are also settled by law: a police officer or other public servant must notify the school of the purpose of contact and the circumstances, and the school must explain the pupil's rights. This norm serves the protection of the learning environment and also orders the teacher's professional environment.
Frequently Asked Questions
Below we answer the questions most frequently asked about the legal status of teachers.
May a teacher be prosecuted for an act committed outside school?
No. It is impermissible to conduct disciplinary prosecution of a teacher for an act committed during time free from school or outside the school's territory.
Does the teacher have the right of silence?
Yes — during disciplinary prosecution the teacher has the right of silence; it does not release from disciplinary liability but preserves the procedural guarantee.
Where does an accusation take its basis?
From the obligations of Article 21, the code of professional ethics and the internal rules. Prosecution is possible only in the cases provided for by the internal rules, through a proper and fair procedure.
Where is a disciplinary decision challenged?
In the school's independent and impartial complaint mechanism, in the mandatur service and in court; the right to demand full compensation of damage is likewise protected by law.
How We Help on Legal.ge
The Legal.ge team will determine whether the normative basis of the accusation against the teacher is lawful, establish any breach of the territorial and temporal limits, and draft a written complaint for the school, the mandatur service or the court. Contact us — a disciplinary dispute is best resolved by a defence started in time.