Bill Text: GA HB859 | 2011-2012 | Regular Session | Introduced
Bill Title: State Board of Education; Governor's authority upon a recommendation; revise provisions
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2012-02-02 - House Second Readers [HB859 Detail]
Download: Georgia-2011-HB859-Introduced.html
12 LC 33
4315
House
Bill 859
By:
Representative Sims of the
169th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 20-2-73 of the Official Code of Georgia Annotated, relating
to suspension and removal of local school board members under certain
circumstances, so as to revise provisions relating to the Governor's authority
upon a recommendation by the State Board of Education; to provide that hearings
conducted by the State Board of Education be open for public comment; to
authorize the Governor to impose additional requirements on local school systems
or schools which do not have full accreditation; to provide for submission of
this Act for preclearance under the federal Voting Rights Act of 1965, as
amended; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 20-2-73 of the Official Code of Georgia Annotated, relating to
suspension and removal of local school board members under certain
circumstances, is amended by revising subsection (a) as follows:
"(a)(1)
Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the
contrary, if a local school system or school is placed on the level of
accreditation immediately preceding loss of accreditation for school board
governance related reasons by one or more accrediting agencies included in
subparagraph (A) of paragraph (6) of Code Section 20-3-519, the State Board of
Education shall conduct a hearing in not less than ten days nor more than 30
days and
recommend
make a
recommendation to the Governor
whether
to suspend or
not to suspend all eligible members of the
local board of education with pay. If the State Board of Education makes
such
a
recommendation
to suspend or
not to suspend, the Governor may, in his
or her discretion, suspend all eligible members of the local board of education
with pay and, in consultation with the State Board of Education, appoint
temporary replacement members who shall be otherwise qualified to serve as
members of such
board;
reprimand all eligible members of the local board; or take no
action.
(2)
Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the
contrary, if a local school system or school has been placed on, as of April 20,
2011, the level of accreditation immediately preceding loss of accreditation for
school board governance related reasons by one or more accrediting agencies
included in subparagraph (A) of paragraph (6) of Code Section 20-3-519 and does
not reattain full accreditation status by July 1, 2011, the State Board of
Education shall conduct a hearing in not less than ten days nor more than 30
days and recommend to the Governor whether to suspend all members of the local
board of education with pay. If the State Board of Education makes such
recommendation, the Governor may, in his or her discretion, suspend all members
of the local board of education with pay and, in consultation with the State
Board of Education, appoint temporary replacement members who shall be otherwise
qualified to serve as members of such board.
(3)
For any local school system or school subject to paragraph (1) or (2) of this
subsection, the Governor, at his or her discretion, may:
(A)
Require the local school system or school to submit monthly progress reports to
the State Board of Education regarding its accreditation progress and
status;
(B)
Require the State Board of Education to conduct a subsequent hearing concurrent
with a renewal evaluation by an accrediting agency; or
(C)
Require both subparagraphs (A) and (B) of this paragraph.
(4)
Any hearing conducted by the State Board of Education pursuant to this
subsection shall be open for public comment; provided, however, that the state
board may impose reasonable time restraints on individual
comments."
SECTION
2.
The
Attorney General shall cause this Act to be submitted for preclearance under the
federal Voting Rights Act of 1965, as amended, and such submission shall be made
to the United States Department of Justice or filed with the appropriate court
no later than 45 days after the date on which this Act is approved by the
Governor or becomes law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.
