Bill Text: GA HB706 | 2011-2012 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Elementary and secondary education; delete and clarify provisions
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2012-07-01 - Effective Date [HB706 Detail]
Download: Georgia-2011-HB706-Comm_Sub.html
Bill Title: Elementary and secondary education; delete and clarify provisions
Spectrum: Moderate Partisan Bill (Republican 6-1)
Status: (Passed) 2012-07-01 - Effective Date [HB706 Detail]
Download: Georgia-2011-HB706-Comm_Sub.html
12 LC
33 4474S
The
House Committee on Education offers the following substitute to HB
706:
A
BILL TO BE ENTITLED
AN ACT
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 delete obsolete, unused, and
unnecessary provisions; to clarify a provision relating to eligibility for
enrollment; to eliminate a deadline for annual performance evaluations; to
clarify the legal status of regional educational service agencies; to provide
that declarations of intent and attendance records for home study programs are
submitted to the Department of Education rather than local school systems; to
revise provisions for purposes of conformity; to provide for related matters; 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 revising Code Section 20-2-5, relating to
oaths of members of the State Board of Education, board meetings, and the
chairperson, as follows:
"20-2-5.
The
members of the State Board of Education shall take an oath of office for the
faithful performance of their duties and the oath of allegiance to the federal
and state Constitutions.
They shall
meet at the state capital in the Department of Education or at such place in the
capital as may be designated by the Governor for that
purpose. The state board shall meet
quarterly in regular session at such time as it may by regulation provide and
may hold additional meetings at the call of the chairperson, provided that upon
the written request of a majority of the members of the state board, the State
School Superintendent shall call a meeting at any time."
SECTION
2.
Said
chapter is further amended by revising Code Section 20-2-5.2, relating to
elections of chairperson and other officers of the State Board of Education, and
the term, duties, and authority of the chairperson, as follows:
"20-2-5.2.
The
State Board of Education shall elect a chairperson and such other officers it
may deem appropriate. The term of the chairperson shall be fixed by the state
board. The chairperson shall preside at meetings of the state board, set the
agenda for the state board, and perform such other duties as required by the
state board.
The
chairperson is authorized, after a reasonable attempt at consultation with the
State School Superintendent, to require any employee of the Department of
Education to furnish information or perform functions for the state
board."
SECTION
3.
Said
chapter is further amended by revising Code Section 20-2-7, relating to where
committee meetings of the State Board of Education may be held, as
follows:
"20-2-7.
The
members of the State Board of Education as a committee or any committee of the
state board
when
authorized by board action taken at a meeting held at the state capital in the
Department of Education may hold committee
meetings anywhere within or outside this state when necessary to obtain
information for future guidance of the state board; provided, however,
that
no action of the state board shall be of force and effect unless such action is
taken at a regular or called meeting of the state board
held at the
state capital in the Department of Education as provided by Code Section
20-2-5."
SECTION
4.
Said
chapter is further amended by repealing and reserving Code Section 20-2-12,
relating to educational television programs.
SECTION
5.
Said
chapter is further amended by repealing and reserving Code Section 20-2-100,
relating to substituting county school superintendent for county school
commissioner.
SECTION
6.
Said
chapter is further amended by revising Code Section 20-2-103, relating to the
oath of the county school superintendent, as follows:
"20-2-103.
Before
entering upon the discharge of his
or
her official
duties,
the
county
local
school superintendent shall take and subscribe to the
same
following
oath of
office
required of
the other officers of this
state.:
STATE
OF GEORGIA
COUNTY
OF __________
I,
_______________________, do solemnly swear or affirm that I will truly perform
the duties of local school superintendent of the _______________________ School
System to the best of my ability.
I
do further swear or affirm:
(1)
That I am not the holder of any unaccounted for public money due this state or
any political subdivision or authority thereof;
(2)
That I am not the holder of any office of trust under the government of the
United States, any other state, or any foreign state which I am by the laws of
the State of Georgia prohibited from holding;
(3)
That I am otherwise qualified to hold said office according to the Constitution
and the laws of Georgia; and
(4)
That I will support the Constitution of the United States and of this
state.
_____________________
Signature of local school superintendent
Signature of local school superintendent
_____________________
Typed name of member of
____________________ local school superintendent
Sworn and subscribed
before me this ______ day
of ______________, ____.
Typed name of member of
____________________ local school superintendent
Sworn and subscribed
before me this ______ day
of ______________, ____.
(SEAL)."
SECTION
7.
Said
chapter is further amended by revising subsection (b) of Code Section 20-2-150,
relating to eligibility for enrollment, as follows:
"(b)
A child who was a legal resident of one or more other states
or
countries for a period of two years
immediately prior to moving to this state and who was legally enrolled in a
public kindergarten or first grade, or a kindergarten or first grade accredited
by a state or regional association
or the
equivalent thereof, shall be eligible for
enrollment in the appropriate general or special education programs authorized
in this part if such child will attain the age of five for kindergarten or six
for first grade by December 31 and is otherwise qualified."
SECTION
8.
Said
chapter is further amended in Code Section 20-2-168, relating to distribution of
federal funds, combined purchase of supplies and equipment, minimum school year,
summer school programs, and year-round operation, by repealing subsection (f),
relating to the "Summer Opportunity Program."
SECTION
9.
Said
chapter is further amended by revising subsection (d) of Code Section 20-2-210,
relating to annual performance evaluations for school personnel, as
follows:
"(d)
The superintendent of each local school system shall identify an appropriately
trained evaluator for each person employed by the local unit of administration
for the purposes of completing an annual evaluation as required in subsections
(a) and (b) of this Code
section.
The evaluator shall be required to complete such annual evaluation for each
certificated person prior to April 1 of each
year. The superintendent of each local
school system shall be responsible for ensuring compliance with this Code
section."
SECTION
10.
Said
chapter is further amended by repealing and reserving Code Section 20-2-212.3,
relating to increasing teachers' salaries in areas of shortage.
SECTION
11.
Said
chapter is further amended by repealing and reserving Code Section 20-2-212.4,
relating to an additional five percent increase in teacher salary based on
student performance.
SECTION
12.
Said
chapter is further amended by repealing and reserving Code Section 20-2-213,
relating to career ladder programs.
SECTION
13.
Said
chapter is further amended by repealing Code Section 20-2-231, relating to the
Georgia Education Leadership Academy.
SECTION
14.
Said
chapter is further amended by repealing Code Section 20-2-232, relating to staff
development plans by local school systems.
SECTION
15.
Said
chapter is further amended by revising Code Section 20-2-240, relating to the
powers and duties of the State Board of Education, as follows:
"20-2-240.
(a)
The State Board of Education shall adopt and prescribe all rules, regulations,
and policies required by this article and such other rules, regulations, and
policies as may be reasonably necessary or advisable for proper implementation,
enforcement, and carrying out of this article and other public school laws and
for assuring a more economical and efficient operation of the public schools of
this state or any phase of public elementary and secondary education in this
state. The state board shall establish and enforce standards for operation of
all public elementary and secondary schools and local units of administration in
this state so as to assure, to the greatest extent possible, equal and quality
educational programs, curricula, offerings, opportunities, and facilities for
all of Georgia's children and youth and for economy and efficiency in
administration and operation of public schools and local school systems
throughout the state. The state board shall have the power to perform all duties
and to exercise all responsibilities vested in it by provisions of law for the
improvement of public elementary and secondary education in this state,
including actions designed to improve teacher and school effectiveness through
research and demonstration projects. The state board shall have the power to
take such actions as it deems necessary to ensure that the citizens have full
awareness and knowledge relative to the costs, quality, and performance of the
public elementary and secondary schools of this state. All rules, regulations,
policies, and standards adopted or prescribed by the state board in carrying out
this article and other school laws shall, if not in conflict therewith, have the
full force and effect of law.
(b)
The State Board of Education is authorized, after a reasonable attempt at
consultation with the State School Superintendent, to organize and reorganize
the Department of Education and the various offices, divisions, sections, and
units thereof and to prescribe the duties, functions, and operations of each at
such times and in such manner as the state board may deem necessary or desirable
for the more economical or effective organization, administration, or
functioning of the
department."
SECTION
16.
Said
chapter is further amended by repealing and reserving Code Section 20-2-251,
relating to demonstration programs.
SECTION
17.
Said
chapter is further amended by repealing and reserving Code Section 20-2-252,
relating to electronic technology.
SECTION
18.
Said
chapter is further amended by repealing and reserving Code Section 20-2-253,
relating to achievement grants.
SECTION
19.
Said
chapter is further amended by repealing and reserving Code Section 20-2-254,
relating to educational research.
SECTION
20.
Said
chapter is further amended by adding a new subsection to Code Section 20-2-270,
relating to the establishment of a state-wide network of regional educational
service agencies, to read as follows:
"(f)
Regional educational service agencies are not state agencies but shall be
considered local units of administration for purposes of this
chapter."
SECTION
21.
Said
chapter is further amended by revising subsection (b) of Code Section 20-2-281,
relating to assessment of effectiveness of educational programs, as
follows:
"(b)
The nationally normed assessments provided for in subsection (a) of this Code
section shall provide students and their parents with grade equivalencies and
percentile ranks which result from the administration of such tests.
Criterion-referenced tests and the high school graduation test provided for in
subsection (a) of this Code section shall provide for results that reflect
student achievement at the individual student, classroom, school, system, and
state levels. The State Board of Education shall participate in the National
Assessment of Educational Progress (NAEP) and may participate in any other tests
that will allow benchmarking this state's performance against national or
international performance. The results of such testing shall be provided to the
Governor, the General Assembly, and the State Board of Education and shall be
reported to the citizens of Georgia. Further, the state board shall adopt a
school readiness assessment for students entering first grade and shall
administer such assessment pursuant to paragraph (2) of subsection (b) of Code
Section 20-2-151. One of the components in the awarding of salary supplements
as part of a pay for performance or related plan
pursuant to
Code Section 20-2-213 or other Code sections
under this article may be assessments of
student achievement."
SECTION
22.
Said
chapter is further amended by repealing Code Section 20-2-285.1, relating to
provisions applicable to third-grade criterion-referenced reading assessment
students.
SECTION
23.
Said
chapter is further amended by repealing and reserving Code Section 20-2-303,
relating to educational television.
SECTION
24.
Said
chapter is further amended by repealing and reserving Code Section 20-2-312,
relating to a state program for middle school children during nonschool
hours.
SECTION
25.
Said
chapter is further amended by revising Code Section 20-2-500, relating to
promulgation of rules and regulations for contracts or purchases over $100.00,
purchases over $100,000.00, and vendor preferences, as follows:
"20-2-500.
(a)
The State Board of Education is authorized to promulgate rules and regulations
to regulate contracts or purchases which involve the aggregate sum of $100.00 or
more for or on behalf of students of any public elementary or secondary school
supported in whole or in part from public funds.
(b)(1)
Such rules shall provide that such contracts for or purchases of supplies,
materials, equipment, or agricultural products, including but not limited to
school buses but not including instructional materials or beverages for
immediate consumption, for public elementary and secondary schools supported in
whole or in part from public funds shall give preference as far as may be
reasonable and practicable to such supplies, materials, equipment, and
agricultural products as may be manufactured or produced in this state. Such
preference shall not sacrifice quality.
(2)
Such rules shall provide that, in determining whether such a preference is
reasonable in any case where the value of a contract for or purchase of such
supplies, materials, equipment, or agricultural products exceeds $100,000.00,
the local school district shall consider, among other factors, information
submitted by the bidder which may include the bidder's estimate of the
multiplier effect on gross state domestic product and the effect on public
revenues of the state and the effect on public revenues of political
subdivisions resulting from acceptance of a bid or offer to sell Georgia
manufactured or produced goods as opposed to out-of-state manufactured or
produced goods. Any such estimates shall be in writing. No local school
district shall divide a contract or purchase which exceeds $100,000.00 for the
purpose of avoiding the requirements of this paragraph.
(c)(a)
Vendors resident in the State of Georgia are to be granted the same preference
over vendors resident in another state in the same manner, on the same basis,
and to the same extent that preference is granted in awarding bids for the same
goods or services by such other state to vendors resident therein over vendors
resident in the State of Georgia.
(d)(b)
Nothing in this Code section shall negate the requirements of Code Section
50-5-73."
SECTION
26.
Said
chapter is further amended by repealing and reserving Code Section 20-2-501,
relating to the prohibition of contracts or purchases over $100.00 which are not
in compliance with rules and regulations.
SECTION
27.
Said
chapter is further amended by repealing and reserving Code Section 20-2-502,
relating to disciplining measures for violations of Code Section
20-2-501.
SECTION
28.
Said
chapter is further amended by repealing and reserving Code Section 20-2-503,
relating to the authority of local boards of education to purchase educational
information, literature, and services.
SECTION
29.
Said
chapter is further amended by repealing and reserving Article 15, relating to
school census.
SECTION
30.
Said
chapter is further amended by revising subsection (c) of Code Section 20-2-690,
relating to requirements for private schools and home study programs, as
follows:
"(c)
Parents or guardians may teach their children at home in a home study program
which meets the following requirements:
(1)
The parent, parents, or guardian must submit within 30 days after the
establishment of a home study program and by September 1 annually thereafter a
declaration of intent to utilize a home study program to the
Department of
Education, in accordance with department
guidelines
superintendent
of schools of the local school district in which the home study program is
located;
(2)
The declaration shall include a list of the names and ages of the students who
are enrolled in the home study program, the address where the home study program
is located, and a statement of the 12 month period that is to be considered the
school year for that home study program. Enrollment records and reports shall
not be used for any purpose except providing necessary enrollment information,
except with the permission of the parent or guardian of a child, pursuant to the
subpoena of a court of competent jurisdiction, or for verification of attendance
by the Department of Public Safety for the purposes set forth in subsection
(a.1) of Code Section 40-5-22;
(3)
Parents or guardians may teach only their own children in the home study
program, provided the teaching parent or guardian possesses at least a high
school diploma or a general educational development diploma, but the parents or
guardians may employ a tutor who holds a high school diploma or a general
educational development diploma to teach such children;
(4)
The home study program shall provide a basic academic educational program which
includes, but is not limited to, reading, language arts, mathematics, social
studies, and science;
(5)
The home study program must provide instruction each 12 months to home study
students equivalent to 180 school days of education with each school day
consisting of at least four and one-half school hours unless the child is
physically unable to comply with the rule provided for in this
paragraph;
(6)
Attendance records for the home study program shall be kept and shall be
submitted to
the Department of Education, in accordance with department
guidelines
at the end
of each month to the school superintendent of the local school district in which
the home study program is located.
Attendance records and reports shall not be used for any purpose except
providing necessary attendance information, except with the permission of the
parent or guardian of a child, pursuant to the subpoena of a court of competent
jurisdiction, or for verification of attendance by the Department of Public
Safety for the purposes set forth in subsection (a.1) of Code Section
40-5-22;
(7)
Students in home study programs shall be subject to an appropriate nationally
standardized testing program administered in consultation with a person trained
in the administration and interpretation of norm reference tests to evaluate
their educational progress at least every three years beginning at the end of
the third grade and records of such tests and scores shall be retained but shall
not be required to be submitted to public educational authorities;
and
(8)
The home study program instructor shall write an annual progress assessment
report which shall include the instructor's individualized assessment of the
student's academic progress in each of the subject areas specified in paragraph
(4) of this subsection, and such progress reports shall be retained by the
parent, parents, or guardian of children in the home study program for a period
of at least three years."
SECTION
31.
Said
chapter is further amended by revising subsection (d) of Code Section
20-2-690.1, relating to mandatory education for children between ages six and
16, as follows:
"(d)
Local school superintendents in the case of private
schools, the
Department of Education in the case of
or
home study
programs,
and visiting teachers and attendance officers in the case of public schools
shall have authority and it shall be their duty to file proceedings in court to
enforce this subpart."
SECTION
32.
Said
chapter is further amended by revising Code Section 20-2-694, relating to
administration and enforcement of compulsory attendance laws, as
follows:
"20-2-694.
It
shall be the duty of each county and independent school system board of
education,
and
each local school superintendent within
the state, and
the Department of Education to administer
this subpart and to secure its enforcement in cooperation with the other state
and county agencies and in cooperation with the administrators of private
schools and parents or guardians providing a home study
program."
SECTION
33.
Said
chapter is further amended by revising subsection (a) of Code Section 20-2-701,
relating to local school superintendents or visiting teachers and attendance
officers to report truants to juvenile or other courts, as follows:
"(a)
Local school superintendents as applied to private
schools, the
Department of Education as applied to
and
home study
programs,
or visiting teachers and attendance officers as applied to public schools, after
written notice to the parent or guardian of a child, shall report to the
juvenile or other court having jurisdiction under Chapter 11 of Title 15 any
child who is absent from a public or private school or a home study program in
violation of this subpart. If the judge of the court places such child in a
home or in a public or private institution pursuant to Chapter 11 of Title 15,
school shall be provided for such child."
SECTION
34.
Said
chapter is further amended by repealing Code Section 20-2-741, relating to local
boards of education sending copies of student codes of conduct to the Department
of Education.
SECTION
35.
Said
chapter is further amended by repealing and reserving Code Section 20-2-771.1,
relating to voluntary preenrollment of children.
SECTION
36.
Said
chapter is further amended by repealing and reserving Code Section 20-2-960,
relating to requiring bonds of principals.
SECTION
37.
Said
chapter is further amended in Code Section 20-2-984, relating to the authority
of the Professional Standards Commission, by repealing and reserving subsection
(e), relating to demonstration plans under Code Section 20-2-251.
SECTION
38.
Said
chapter is further amended by repealing and reserving Article 20, the "Education
Partnership Act of 1990."
SECTION
39.
Said
chapter is further amended by repealing and reserving Code Section 20-2-1183,
relating to possession of electronic communication devices in
school.
SECTION
40.
All
laws and parts of laws in conflict with this Act are repealed.