Bill Text: GA HB192 | 2011-2012 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State Education Finance Study Commission; evaluate Formula and funding; establish

Spectrum: Bipartisan Bill

Status: (Passed) 2011-05-13 - Effective Date [HB192 Detail]

Download: Georgia-2011-HB192-Introduced.html

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11 HB192/AP

House Bill 192 (AS PASSED HOUSE AND SENATE)

By: Representatives Coleman of the 97th, England of the 108th, Carter of the 175th, Abrams of the 84th, Kaiser of the 59th, and others

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to implement various measures to address current funding needs and to examine current funding mechanisms; to establish the State Education Finance Study Commission to evaluate the Quality Basic Education Formula and education funding for public schools; to provide for legislative findings; to provide for composition, compensation, duties and powers, and support staff of the commission; to provide for a timeline; to provide for automatic repeal; to extend the date by which school systems must notify the department of their intention to request flexibility or remain status quo; to temporarily extend certain expenditure control waivers; to provide for automatic repeal; to temporarily extend flexibility in maximum class size requirements in kindergarten through grade eight; to temporarily extend certain deadlines relating to annual teacher contracts; to revise certain provisions relating to organization of schools, middle school programs, and scheduling; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by adding a new part to Article 6, relating to the "Quality Basic Education Act," to read as follows:

"Part 17

20-2-330.

The General Assembly passed the Quality Basic Education Act (QBE) in 1985 by unanimous vote. The legislation was the culmination of two years of work by the Education Review Commission, a body made up of business leaders, parents, teachers, education experts, and other community leaders, which was charged with developing a comprehensive educational reform package for Georgia. The QBE Formula, along with several other formula related components, has served as the method of calculating the funding needs of Georgia school systems for the past 25 years. The General Assembly has now determined that it is in the best interests of the state and its citizenry to undertake a comprehensive study of the method of funding schools in Georgia.

20-2-331.

(a) The State Education Finance Study Commission is hereby created to evaluate the Quality Basic Education Formula and any other program or matter relative to education funding in Georgia as provided in this part. Members of the commission should have good working knowledge of education and education finance. Members must be willing to commit time to actively participate in full committee meetings and subcommittee meetings and must agree to balance the educational needs of children and the resources provided by the citizens of Georgia. The commission shall be composed of 20 members as follows:

(1) The following members, appointed by the Governor:

(A) A local school superintendent;

(B) A principal or other administrator;

(C) A teacher;

(D) A member of a local board of education;

(E) A member of the State Board of Education;

(F) A representative from the System Office of the University System of Georgia;

(G) A representative from the Technical College System of Georgia;

(H) A representative from the Professional Standards Commission;

(I) A school finance officer; and

(J) One representative from the business community;

(2) The State School Superintendent;

(3) The chief financial officer of the Department of Education;

(4) Four members of the House of Representatives, appointed by the Speaker of the House of Representatives, including the chairperson of the House Committee on Education; and

(5) Four members of the Senate, appointed by the Lieutenant Governor, including the chairperson of the Senate Education and Youth Committee.

(b) The chairpersons of the House Committee on Education and the Senate Education and Youth Committee shall serve as cochairpersons of the commission. The commission may elect other officers as deemed necessary. The cochairpersons may designate and appoint subcommittees from among the membership of the commission as well as appoint other persons to perform such functions as they may determine to be necessary as relevant to and consistent with this part. The cochairpersons shall only vote to break a tie.

(c) The commission may engage additional ad hoc nonvoting members as needed to address certain issues in subcommittee. This may include, but not be limited to, input from various personnel experienced in the Quality Basic Education Formula, such as counselors, pre-K personnel, special education teachers, social workers, psychologists, art teachers, music teachers, physical education teachers, foreign language teachers, agriculture and career-technical education teachers, media specialists, school nutrition managers, and transportation managers.

(d) The cochairpersons shall be authorized to appoint a steering committee composed of members of the commission to monitor the progress of the commission, to ensure timelines are being met, and to mediate differences that might arise in the course of the study.

20-2-332.

(a) The commission shall hold meetings at the call of the cochairpersons. The commission shall meet at least quarterly and subcommittees shall meet as often as needed to complete tasks.

(b) A quorum for transacting business shall be a majority of the members of the commission.

(c) Any legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8. Citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 as well as the mileage or transportation allowance authorized for state employees. Any members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this part shall come from funds appropriated to the House of Representatives and the Senate.

20-2-333.

(a) The commission shall study and evaluate the cost and resources needed to educate a child through review of the following core issues relating to education financing;

(1) QBE Formula:

(A) Evaluate the various components of the formula, including teacher salaries, maintenance and operations, and textbooks, and determine whether there needs to be adjustments;

(B) Consider whether new components should be added to the formula, such as technology;

(C) Consider whether other programs that have been proven successful should be added to the formula, such as graduation coaches; and

(D) Review other areas within the QBE Act that relate to or impact school funding, such as maximum class sizes and expenditure controls, and whether local school systems should continue to be given flexibility in these areas;

(2) State and local funding partnership: Examine the requirement that school systems must levy 5 mills in order to draw down state QBE funding and whether the current method should continue or whether school systems should be required to pay a certain percentage of the formula or for certain expenditures;

(3) Equalization: Examine the equalization grant to determine if the purpose of the grant is being met and whether revisions are needed;

(4) Student transportation:

(A) Review the current formula for student transportation; and

(B) Review other safety issues related to student transportation, such as funding bus monitors and seat belts;

(5) State schools funding: Examine funding for the three schools for blind and deaf children operated by the state to identify needed changes in the funding method, whether additional funding for residential, medical, and other costs unique to the schools should be provided, and whether local school systems should be contributing to the cost of educating these children; and

(6) Capital outlay:

(A) Review the capital outlay programs for which school systems may be eligible to ensure that each program is effective and adequately funded; and

(B) Because the program is currently scheduled to sunset on June 30, 2015, recommend whether and how long the program should be extended.

(b) The commission is encouraged, if time permits, to study and evaluate the following issues relating to education financing;

(1) Charter schools:

(A) Review Georgia's charter laws and determine what changes may need to be made to streamline the chartering process and provide fair funding for the various types of charter schools; and

(B) Examine the issue of funding for operations and facilities;

(2) Career, Technical, and Agriculture Education, dual enrollment, virtual schools:

(A) Review the various funding mechanisms for each of these nontraditional programs; and

(B) Consider the costs of administering these types of programs and the appropriate funding mechanism;

(3) Teacher pay:

(A) Review the issue of whether performance pay should be implemented;

(B) Determine how such a program could be sustained long-term; and

(C) Review the requirements of the federal Race to the Top initiative and how the state may be required to implement performance pay;

(4) Non-QBE grants:

(A) Review other grant programs available to school systems, including but not limited to school nutrition, sparsity grants, migrant education, preschool disabled, the severely and emotionally disturbed program, and school nurses; and

(B) Make recommendations on funding updates that are needed; and

(5) Other Title 20 revisions: Review all key statutes and provisions of this title to ensure laws are updated and whether any laws which represent an unfunded mandate should be eliminated.

(c) The commission shall have the following powers:

(1) To request and receive data from and review the records of appropriate agencies and entities to the greatest extent allowed by state and federal law;

(2) To accept public or private grants, devises, and bequests;

(3) To enter into all contracts or agreements necessary or incidental to the performance of its duties; and

(4) To conduct studies, collect data, or take any other action the commission deems necessary to fulfill its responsibilities.

(d) The commission shall be authorized to retain the services of auditors, attorneys, financial consultants, education experts, economists, and other individuals or firms as determined appropriate by the commission.

20-2-333.1.

(a) Staff support for the commission shall be provided by the Department of Education, the Governor's office, the Office of Planning and Budget, the House of Representatives, the Senate, and the Office of Legislative Counsel. The cochairpersons of the commission shall designate an individual to serve as staff director for the commission.

(b) The commission may request assistance and input from agencies and organizations as needed, including the University System of Georgia, the Technical College System of Georgia, the Professional Standards Commission, the Georgia Student Finance Commission, the Department of Early Care and Learning, the Office of Student Achievement, the Georgia Partnership for Excellence in Education, the Georgia School Superintendents Association, the Georgia School Boards Association, the Georgia Association of Educational Leaders, the Georgia Association of Educators, the Professional Association of Georgia Educators, the Southern Regional Education Board, the Georgia Charter Schools Association, private corporations, and other organizations willing to participate.

20-2-333.2.

(a) The commission shall perform its work in accordance with the following:

(1) No later than May 15, 2011: Commission members appointed;

(2) No later than June 30, 2011: First commission meeting conducted;

(3) September 30, 2011: Interim recommendations completed;

(4) December 31, 2011: Proposed legislation for interim recommendations completed;

(5) September 30, 2012: Final recommendations completed; and

(6) December 31, 2012: Proposed legislation for final recommendations completed.

(b) Such recommendations and proposed legislation shall be submitted by the commission in accordance with the schedule in subsection (a) of this Code section to the Governor and the General Assembly; provided, however, that the commission may modify these dates if necessary.

(c) The final recommendations shall include a prioritization of all recommendations, including those that do and do not require additional funding. Such final recommendations shall include a proposed timeline for implementation of recommendations, an estimated cost of each recommendation, and the target year for including in the state budget.

20-2-333.3.

The commission shall stand abolished and this part shall be repealed on March 31, 2013."

SECTION 2.

Said chapter is further amended by revising subsection (b) of Code Section 20-2-84.3, relating to flexibility contracts, as follows:

"(b) No later than June 30, 2013 2015, each local school system shall either notify the department of its intention to request increased flexibility pursuant to this article or shall comply with subsection (b) of Code Section 20-2-80."

SECTION 3.

Said chapter is further amended by revising subsection (f) of Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs, as follows:

"(f)(1) For school years 2009-2010, 2010-2011, 2011-2012, and 2012-2013, 2013-2014, and 2014-2015 only, the expenditure controls contained in subsection (a) of this Code section relating to direct instructional costs, media center costs, and staff and professional development costs shall be waived and shall not apply to nor be enforceable against a local school system.

(2) Each local school system shall report to the Department of Education its budgets and expenditures of the funds received pursuant to this Code section as a part of its report in October for the FTE count and on March 15.

(3) No penalty shall be applied to a local school system for failure to comply with expenditure controls set out in subsection (a) of this Code section, notwithstanding any law to the contrary, as so long as such local school system complies with this subsection.

(4) Nothing in this Code section shall be construed to repeal any other provision of this Code section or this chapter.

(5) This subsection shall be automatically repealed on July 1, 2013 2015."

SECTION 4.

Said chapter is further amended by revising paragraph (1) of subsection (i) of Code Section 20-2-182, relating to maximum class size, as follows:

"(i)(1) It is the intent of this paragraph to provide a clear expectation to parents and guardians as to the maximum number of students that may be in their child's classroom in kindergarten through eighth grade. Beginning with the 2006-2007 school year, for the following regular education programs, the maximum individual class size for mathematics, science, social studies, and language arts classes shall be:

(A) Kindergarten program (without full-time aide)	18
(B) Kindergarten program (with full-time aide)	20
(C) Primary grades program (1-3)	21
(D) Upper elementary grades program (4-5)	28
(E) Middle grades program (6-8) and middle school program (6-8) as defined in Code Section 20-2-290	28

For school years 2010-2011, 2011-2012, and 2012-2013, 2013-2014, and 2014-2015 only, the system average maximum class size for each instructional program covered under this paragraph shall be the same as the maximum individual class size for each such program, and local boards of education shall be considered in compliance with this paragraph as so long as the system average maximum class size is not exceeded; provided, however, that if the State Board of Education approves a blanket waiver or variance pursuant to subsection (h) of Code Section 20-2-244, such maximum individual class sizes shall be the system average maximum class sizes for purposes of this paragraph."

SECTION 5.

Said chapter is further amended by revising subsection (b) of Code Section 20-2-184.1, relating to funding for additional days of instruction, as follows:

"(b)(1) For school years 2010-2011, 2011-2012, and 2012-2013, 2013-2014, and 2014-2015 only, the expenditure controls contained in subsection (a) of this Code section relating to additional days of instruction shall be waived and shall not apply to nor be enforceable against a local school system.

(2) Each local school system shall report to the Department of Education its budgets and expenditures of the funds received pursuant to this Code section as a part of its report in October for the FTE count and its report on March 15.

(3) No penalty shall be applied to a local school system for failure to comply with expenditure controls set out in subsection (a) of this Code section, notwithstanding any law to the contrary, as so long as such local school system complies with this subsection.

(4) Nothing in this Code section shall be construed to repeal any other provision of this Code section or this chapter.

(5) This subsection shall be automatically repealed on July 1, 2013 2015."

SECTION 6.

Said chapter is further amended by revising subsection (b) of Code Section 20-2-211, relating to annual contracts for teachers, as follows:

"(b) Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than April 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the Professional Standards Commission on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated as provided in Part 7 of Article 17 of this chapter, or shall notify in writing each such teacher or other certificated professional employee of the intention of not renewing his or her contract for the ensuing school year; provided, however, that for school years 2010-2011, 2011-2012, and 2012-2013, 2013-2014, and 2014-2015 only, each local governing board shall have until May 15 of the current school year to tender such new contracts or provide such written notice. Such contracts when tendered to each teacher or other professional employee shall be complete in all terms and conditions of the contract, including the amount of compensation to be paid to such teacher or other professional employee during the ensuing school year, and shall not contain blanks or leave any terms and conditions of the contract open. A letter of intent or similar document shall not constitute a contract and shall not be construed to require or otherwise legally bind the teacher or other professional employee to return to such school system. Upon request, a written explanation for failure to renew such contract shall be made available to such certificated personnel by the executive officer. When such notice of intended termination has not been given by April 15, or by May 15 for school years 2010-2011, 2011-2012, and 2012-2013, 2013-2014, and 2014-2015 only, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than May 1, or by June 1 for school years 2010-2011, 2011-2012, and 2012-2013, 2013-2014, and 2014-2015 only."

SECTION 7.

Said chapter is further amended by revising Code Section 20-2-290, relating to the organization of schools, middle school programs, and scheduling, as follows:

"20-2-290.

(a)(1) The board of education of any local school system is authorized to organize or reorganize the schools and fix the grade levels to be taught at each school in its jurisdiction. Local school systems which have organized their schools in such a manner that facilities Schools which house grades six, seven, and eight or grades seven and or eight, or any combination thereof, shall qualify for the middle school program for students in grade levels so housed. A school which houses grades other than six, seven, or eight shall only be eligible if it has a full-time principal for grades seven and eight or six, seven, and eight and another full-time principal for grades above or below the middle school grades; provided, however, that such schools also meet all other provisions of this Code section and criteria and standards prescribed by the State Board of Education. Schools with students in the sixth grade shall not be eligible for the middle school program if the sixth grades are not housed in middle schools which also contain both grades seven and eight. Further, two or more adjacent local school systems shall qualify for the middle school program if through their contractual arrangement they jointly meet the requirements of this Code section and the criteria and standards prescribed by the state board.

(2) The board of education of any local school system shall be authorized to employ school administrative managers in lieu of or in addition to assistant principals. Such school administrative managers shall not be required to be certificated by the Professional Standards Commission but shall have such qualifications as determined by the local board with a minimum requirement of a bachelor's degree. The duties of school administrative managers shall be to oversee and manage the financial and business affairs of the school. The principal shall retain authority over the curriculum and instructional areas. The school administrative manager shall report directly to the principal. In the event that a local board considers hiring or utilizing school administrative managers pursuant to this subsection, it shall receive and give all due consideration to recommendations by the school council as to whether or not to utilize such position and as to selection of the manager. Existing employees of the local board shall be eligible to serve as school administrative managers if they meet other qualifications and requirements established by the local board for such position. For purposes of earning funds for such positions, school administrative managers shall be treated in all respects the same as assistant principals.

(b) Except as otherwise provided in subsection (c) of this Code section, local Local boards of education shall schedule each middle school so as to provide the following:

(1) A minimum of five hours of instruction in English and language arts, reading, mathematics, science, social studies, and such other academic subjects as the State Board of Education shall prescribe. For students not performing on grade level, as defined by the Office of Student Achievement, the minimum of five hours shall include such remedial academic instruction in English and language arts, reading, mathematics, science, or social studies as required to bring such students to grade level performance with the priority for such remediation being placed on reading and mathematics or as otherwise determined by the student's team of academic teachers; provided that, in making such a determination the team shall consider the student's performance on the criterion-referenced assessments authorized in Code Section 20-2-181;

(2) Beyond the minimum of five hours of academic instruction, the local board shall have the authority to schedule for the remainder of the day such academic or exploratory classes as the State Board of Education shall prescribe; provided, however, that a student shall be allowed to take additional academic classes instead of exploratory classes if the parent or guardian of such a student requests such assignment, subject to availability; and

(3) An interdisciplinary team of academic teachers with common planning time of a minimum of 55 minutes.

(c) Local schools may apply to the state board for an exception to the schedule set out in subsection (b) of this Code section in order to schedule a minimum of 4.5 hours of academic instruction. If the local school has achieved an acceptable rating for the preceding year, the state board shall grant the application for an exception.

(d)(c) Local school systems shall comply with subsection (b) or (c) of this Code section in order to qualify for the middle school program.

(e)(d) If a local school system has a combination of qualified and nonqualified schools, it shall qualify for the middle school program only for those students counted in the full-time equivalent count for the middle school program in qualified middle schools."

SECTION 8.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 9.

All laws and parts of laws in conflict with this Act are repealed.