Legislation Clerk's Office Members Committees Meetings Home Senate
HB 1187 - A Plus Education Reform Act of 2000; enact
Smith, Jr., Charlie (175th) Dukes, Winfred (161st) Murphy, Thomas B (18th)
Jamieson, Mary Jeanette (22nd) Porter, DuBose (143rd) Taylor, Maretta M (134th)
Status Summary HC: Ed SC: Ed FR: 01/14/00 LA: 04/25/00 Signed by Governor

First Reader Summary

A BILL to enact the "A Plus Education Reform Act of 2000"; to provide for comprehensive reform of the delivery of education services in this state at the pre-kindergarten, elementary and secondary, and postsecondary level; to provide for a short title; to amend Code Section 15-11-15 of the Official Code of Georgia Annotated, relating to the jurisdiction of the juvenile court, so as to provide for the court's jurisdiction over certain proceedings initiated by local boards of education; and for other purposes.

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Code Sections - 20-2-5/ 20-2-5.2/ 20-2-20/ 20-2-58.1/ 20-2-67/ 20-2-67/ 20-2-68/ 20-2-80/ 20-2-81/ 20-2-85/ 20-2-86/ 20-2-131/ 20-2-132/ 20-2-153/ 20-2-154/ 20-2-154.1/ 20-2-155/ 20-2-156/ 20-2-162/ 20-2-165/ 20-2-181/ 20-2-182/ 20-2-185/ 20-2-186/ 20-2-210/ 20-2-212.3/ 20-2-214/ 20-2-214/ 20-2-258/ 20-2-259/ 20-2-270/ 20-2-270.1/ 20-2-271/ 20-2-271/ 20-2-272/ 20-2-280/ 20-2-281/ 20-2-282/ 20-2-283/ 20-2-284/ 20-2-290/ 20-2-294/ 20-2-305/ 20-2-320/ 20-2-320/ 20-2-350/ 20-2-351/ 20-2-352/ 20-2-353/ 20-2-354/ 20-2-355/ 20-2-356/ 20-2-360/ 20-2-361/ 20-2-362/ 20-2-765/ 20-2-766/ 20-2-766.1/ 20-2-769/ 20-2-771.1/ 20-2-771.2/ 20-2-1183/ 20-3-39/ 20-3-519.10/ 20-3-519.12/ 20-4-14.1/ 20-5-1/ 20-5-2/ 20-5-3/ 20-5-4/ 20-5-45/ 20-5-48/ 20-5-60/ 20-5-64/ 20-5-65/ 20-14-1/ 20-14-2/ 20-14-3/ 20-14-4/ 20-14-5/ 20-14-6/ 20-14-7/ 20-14-8/ 20-14-9/ 20-14-10/ 20-14-11/ 20-14-20/ 20-14-25/ 20-14-26/ 20-14-27/ 20-14-30/ 20-14-31/ 20-14-32/ 20-14-33/ 20-14-34/ 20-14-35/ 20-14-36/ 20-14-37/ 20-14-38/ 20-14-39/ 20-14-39

House Action Senate
1/14/00 Read 1st Time 2/14/00
1/24/00 Read 2nd Time 2/23/00
2/8/00 Favorably Reported 2/22/00
Sub Committee Amend/Sub Sub
2/10/00 Read 3rd Time 2/24/00
2/10/00 Passed/Adopted 2/24/00
CS Comm/Floor Amend/Sub CS
2/28/00 Amend/Sub Disagreed To
2/28/00 Insists 2/28/00
2/28/00 Conf Comm Appointed 2/29/00
3/16/00 Conf Comm Rep Adopted 3/16/00
3/24/00 Sent to Governor
4/25/00 Signed by Governor
685 Act/Veto Number
4/25/00 Effective Date
Version by LC Number
HB 1187/AP S - Conf Comm Rep Adopted (CS ) (CS )
LC 27 1066-EC As Introduced
LC 27 1120-ECS H - Favorably Reported (Sub)
LC 27 1143-ECS S - Favorably Reported (CS ) (Sub )

HB 1187                                            HB 1187/AP 
 
      H. B. No. 1187 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Smith of the 175th, Dukes of the 161st, 
      Murphy of the 18th, Jamieson of the 22nd, Porter of the 
      143rd and others 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To enact the "A Plus Education Reform Act of 2000"; to 
  1- 2  provide for comprehensive reform of the delivery of 
  1- 3  education services in this state at the pre-kindergarten, 
  1- 4  elementary and secondary, and postsecondary levels; to 
  1- 5  provide for a short title; to amend Code Section 15-11-28 of 
  1- 6  the Official Code of Georgia Annotated, relating to the 
  1- 7  jurisdiction of the juvenile court, so as to provide for the 
  1- 8  court's jurisdiction over certain proceedings initiated by 
  1- 9  local boards of education; to amend Chapter 2 of Title 20 of 
  1-10  the Official Code of Georgia Annotated, relating to 
  1-11  elementary and secondary education, so as to provide for the 
  1-12  selection of officers of the State Board of Education and 
  1-13  for the duties and powers of the chairperson of said board; 
  1-14  to provide for regional offices of the Department of 
  1-15  Education; to establish procedural requirements for local 
  1-16  boards of education regarding the employment or promotion of 
  1-17  certain relatives of a member of a local board; to provide 
  1-18  for certain reports and actions to be taken in response to a 
  1-19  finding of accounting irregularities or budget deficits of a 
  1-20  local school system or school; to provide for the collection 
  1-21  of certain data from local school systems by the Office of 
  1-22  Planning and Budget; to repeal Article 4 of said chapter, 
  1-23  relating to local school trustees; to provide for the 
  1-24  establishment of school councils and for their composition 
  1-25  and duties; to make certain findings with respect to the 
  1-26  Quality Basic Education Program; to provide for goals for 
  1-27  the "Quality Basic Education Act"; to change provisions 
  1-28  regarding the course of study in health and physical 
  1-29  education prescribed by the State Board of Education; to 
  1-30  change provisions relating to high school programs 
  1-31  authorized for funding under the "Quality Basic Education 
  1-32  Act"; to provide for an early intervention program for 
  1-33  students in grades kindergarten through three who are 
  1-34  performing below grade level; to change provisions relating 
  1-35  to the remedial education program; to provide for 
  1-36  alternative education programs; to change provisions 
  1-37  regarding the school climate management program administered 
 
 
 
                                 -1- 
 
 
 
  2- 1  by the State Board of Education; to repeal provisions 
  2- 2  regarding the in-school suspension program administered by 
  2- 3  the State Board of Education; to change provisions relating 
  2- 4  to the funding of the program for limited-English-proficient 
  2- 5  students; to change provisions relating to the allotment of 
  2- 6  state funds to local school systems based on full-time 
  2- 7  equivalent student program counts; to change the program 
  2- 8  weights for the instructional programs funded under the 
  2- 9  "Quality Basic Education Act," provide for additional 
  2-10  instructional programs, and provide for teacher-student 
  2-11  ratios for each such program; to change provisions relating 
  2-12  to state funds provided to pay the salaries of certificated 
  2-13  professional personnel of local school systems; to require 
  2-14  the Governor to appoint a task force to review the program 
  2-15  weights used in the Quality Basic Education Formula; to 
  2-16  change provisions relating to the midterm adjustment of the 
  2-17  amount of state funds provided under the Quality Basic 
  2-18  Education Formula; to change provisions relating to local 
  2-19  fair share funds; to change provisions relating to 
  2-20  equalization grants provided under the "Quality Basic 
  2-21  Education Act"; to change provisions relating to state 
  2-22  funding for direct instructional, media center, and staff 
  2-23  development costs; to provide for the collection of 
  2-24  information by the State Board of Education for the 
  2-25  computerized uniform budget and accounting system; to change 
  2-26  provisions relating to the base school size used to 
  2-27  calculate program weights in the Quality Basic Education 
  2-28  Formula; to change provisions relating to the calculation of 
  2-29  program weights based on payment of salaries and benefits 
  2-30  and funds for staff and professional development; to change 
  2-31  provisions relating to the maximum class size for 
  2-32  instructional programs; to change provisions relating to 
  2-33  state funds provided to pay the salaries of local school 
  2-34  superintendents, assistant superintendents, secretaries, 
  2-35  accountants, and principals; to provide for state funding 
  2-36  for nursing services; to change provisions relating to the 
  2-37  base size of a local school system used to calculate program 
  2-38  weights in the Quality Basic Education Formula; to provide 
  2-39  that a local school system shall not qualify for certain 
  2-40  funds under the Quality Basic Education Formula if it fails 
  2-41  to implement certain interventions prescribed by the State 
  2-42  Board of Education; to change provisions relating to the 
  2-43  granting of certificates by the Professional Standards 
  2-44  Commission; to require students in postsecondary teacher 
  2-45  preparation programs to be proficient in computer and other 
  2-46  instructional technology applications and skills; to provide 
 
 
                                 -2- 
 
 
 
  3- 1  that in-service programs conducted by local units of 
  3- 2  administration shall address skills of certificated 
  3- 3  personnel that directly relate to improving student 
  3- 4  achievement; to change provisions relating to annual 
  3- 5  performance evaluations of certificated professional 
  3- 6  personnel; to change provisions relating to annual contracts 
  3- 7  for certificated professional personnel; to provide for 
  3- 8  fingerprinting and criminal record investigations of all 
  3- 9  personnel employed by a local unit of administration; to 
  3-10  change provisions relating to the payment of personnel 
  3-11  holding certificates from the Professional Standards 
  3-12  Commission according to a state-wide minimum salary 
  3-13  schedule; to change provisions relating to the salary 
  3-14  increase granted to certain persons holding a certificate 
  3-15  from the National Board for Professional Teaching Standards; 
  3-16  to provide for state funding of salary increases based upon 
  3-17  a determination of an insufficient supply of qualified 
  3-18  teachers in mathematics, science, special education, or 
  3-19  foreign language and provide for certain annual reports 
  3-20  relating thereto; to repeal provisions relating to salary 
  3-21  supplements for administrators and other education 
  3-22  personnel; to provide for salary supplements to be paid to 
  3-23  principals and direct the State Board of Education to 
  3-24  establish a salary schedule for principals; to change 
  3-25  provisions relating to the duty-free lunch period for 
  3-26  certain teachers employed in grades kindergarten through 
  3-27  five; to repeal a reporting requirement relating to the 
  3-28  Georgia Education Leadership Academy; to provide for grants 
  3-29  to schools and school systems which develop and implement 
  3-30  certain compacts among teachers, students, and parents; to 
  3-31  provide for an extended day program for students in grades 
  3-32  nine through 12; to change the provisions relating to 
  3-33  capital outlay funding under the "Quality Basic Education 
  3-34  Act"; to comprehensively revise provisions relating to 
  3-35  regional educational service agencies; to require all local 
  3-36  school systems, Department of Technical and Adult Education 
  3-37  facilities and institutions, and University System of 
  3-38  Georgia facilities and institutions to be a member of a 
  3-39  regional educational service agency; to provide for the 
  3-40  status of such regional agencies and their employees with 
  3-41  respect to taxation; to provide for the immunity from 
  3-42  liability of the employees and volunteers of such regional 
  3-43  agencies; to provide for additional duties of such regional 
  3-44  agencies, including the preparation of regional plans, the 
  3-45  provision of core services to its member schools and local 
  3-46  school systems, the provision of services relating to 
 
 
                                 -3- 
 
 
 
  4- 1  instructional care teams, and the development of programs 
  4- 2  for nontraditional alternative routes to teacher 
  4- 3  certification; to change provisions relating to the 
  4- 4  composition of the boards of control of such regional 
  4- 5  agencies; to authorize such regional agencies to acquire, 
  4- 6  hold, and dispose of property and incur certain debt; to 
  4- 7  provide for audits of such regional agencies by the Office 
  4- 8  of Education Accountability; to change provisions relating 
  4- 9  to grants of state funds to such regional agencies; to 
  4-10  repeal provisions relating to the preparation of long-term 
  4-11  strategic plans by the State Board of Education and local 
  4-12  boards of education; to change provisions relating to the 
  4-13  testing of elementary and secondary students; to provide for 
  4-14  end-of-course testing of students in grades nine through 12; 
  4-15  to provide for the development of study guides by the 
  4-16  Department of Education; to provide for staff development 
  4-17  programs for teachers in grades one through 12 on the use of 
  4-18  tests; to repeal provisions relating to comprehensive 
  4-19  evaluations of public schools, local school systems, and 
  4-20  regional educational service agencies; to repeal provisions 
  4-21  relating to corrective action plans for nonstandard local 
  4-22  units of administration and schools; to repeal provisions 
  4-23  relating to the Council for School Performance; to provide 
  4-24  for a middle school program; to authorize students to attend 
  4-25  a school outside of the attendance zone or school district 
  4-26  in which they reside under certain circumstances and provide 
  4-27  for state funding thereof; to provide for certain duties 
  4-28  with respect to county and regional libraries to be 
  4-29  performed by the Board of Regents of the University System 
  4-30  of Georgia instead of the Department of Technical and Adult 
  4-31  Education; to change provisions relating to development of a 
  4-32  state-wide comprehensive educational information network; to 
  4-33  repeal Part 2 of Article 7 of said chapter, relating to 
  4-34  additional state aid to school districts where parents live 
  4-35  or work on state property; to repeal Part 3 of Article 7 of 
  4-36  said chapter, relating to additional state aid to local 
  4-37  school systems to compensate for loss of revenue from 
  4-38  financial institutions; to change the age at which children 
  4-39  are required to attend school; to change provisions relating 
  4-40  to the placement of a student following his or her removal 
  4-41  from the classroom by a teacher; to change provisions 
  4-42  relating to notification of parents and conferences 
  4-43  regarding chronic disciplinary problem students; to change 
  4-44  provisions regarding parent conferences upon a student's 
  4-45  return from expulsion or suspension; to authorize the 
  4-46  juvenile court, upon the petition of a local board of 
 
 
                                 -4- 
 
 
 
  5- 1  education, to order parents or guardians to attend certain 
  5- 2  school conferences; to repeal provisions relating to 
  5- 3  alternative education grants; to require local boards of 
  5- 4  education to establish procedures for the voluntary 
  5- 5  preenrollment of children at two years of age in order to 
  5- 6  ensure compliance with age specific immunizations; to 
  5- 7  require local boards of education to establish policies and 
  5- 8  procedures regarding a school health nurse program; to 
  5- 9  provide that a person who first becomes a teacher on or 
  5-10  after July 1, 2000, shall not acquire certain rights with 
  5-11  respect to continued employment; to authorize the State 
  5-12  Board of Education to grant state charters for special 
  5-13  schools to certain charter school petitioners; to provide 
  5-14  that the State Board of Education may require a local 
  5-15  referendum regarding the use of local bonded indebtedness 
  5-16  and school tax levies to support state charter schools; to 
  5-17  provide for the application of the accountability assessment 
  5-18  program for students in grades kindergarten through 12 to 
  5-19  charter schools; to amend Chapter 3 of Title 20 of the 
  5-20  Official Code of Georgia Annotated, relating to 
  5-21  postsecondary education, so as to provide for the transfer 
  5-22  of functions and personnel relating to public libraries from 
  5-23  the Department of Technical and Adult Education to the Board 
  5-24  of Regents of the University System of Georgia; to change 
  5-25  provisions relating to the eligibility requirements for a 
  5-26  HOPE scholarship at a public postsecondary institution, a 
  5-27  HOPE grant at a branch of the Department of Technical and 
  5-28  Adult Education, and a PROMISE teacher's scholarship; to 
  5-29  remove a certain limitation on the costs to which a HOPE 
  5-30  scholarship or HOPE grant may be applied; to provide for a 
  5-31  PROMISE II teacher's scholarship for certain persons 
  5-32  employed as paraprofessionals or instructional aides who are 
  5-33  seeking a bachelor's degree in teacher education; to amend 
  5-34  Chapter 4 of Title 20 of the Official Code of Georgia 
  5-35  Annotated, relating to vocational, technical, and adult 
  5-36  education, so as to change the composition of the State 
  5-37  Board of Technical and Adult Education; to authorize such 
  5-38  board to approve requests by certain postsecondary technical 
  5-39  schools, programs, or institutions to be named technical 
  5-40  colleges and to submit certain requests for funding; to 
  5-41  repeal provisions relating to the transfer of public library 
  5-42  functions and powers from the State Board of Education and 
  5-43  the Department of Education to the Department of Technical 
  5-44  and Adult Education; to amend Chapter 5 of Title 20 of the 
  5-45  Official Code of Georgia Annotated, relating to libraries, 
  5-46  so as to provide that the powers and duties of the 
 
 
                                 -5- 
 
 
 
  6- 1  Department of Technical and Adult Education under said 
  6- 2  chapter shall become the powers and duties of the Board of 
  6- 3  Regents of the University System of Georgia; to amend Title 
  6- 4  20 of the Official Code of Georgia Annotated, relating to 
  6- 5  education, so as to provide for the creation and duties of 
  6- 6  an Education Coordinating Council and an Office of Education 
  6- 7  Accountability; to make certain findings with respect to the 
  6- 8  Education Coordinating Council; to provide for the 
  6- 9  composition, meetings, staff, powers, and duties of the 
  6-10  Education Coordinating Council; to provide for commissions 
  6-11  to study education issues and make recommendations to the 
  6-12  Education Coordinating Council; to create the Office of 
  6-13  Education Accountability and provide for its powers and 
  6-14  duties; to provide for the appointment and duties of the 
  6-15  director of the Office of Education Accountability; to 
  6-16  provide for reports to be made by the Office of Education 
  6-17  Accountability to the Education Coordinating Council; to 
  6-18  direct the Office of Education Accountability to create and 
  6-19  implement an accountability assessment program for students 
  6-20  in grades kindergarten through 12, subject to the approval 
  6-21  of the Education Coordinating Council; to provide for 
  6-22  indicators of student achievement and school improvement; to 
  6-23  provide for the establishment of individual school ratings 
  6-24  and the preparation of school report cards by the Office of 
  6-25  Education Accountability; to provide for audits of schools 
  6-26  by said office; to provide for financial and other awards to 
  6-27  recognize certain schools and local school systems; to 
  6-28  provide for the funding and payment of financial bonuses to 
  6-29  certain school personnel; to provide for the recommendation, 
  6-30  by said office, and the prescription, by the State Board of 
  6-31  Education, of actions to be taken with respect to schools 
  6-32  with low student performance; to provide for the duties of 
  6-33  the Office of Education Accountability, the Education 
  6-34  Coordinating Council, the Board of Regents of the University 
  6-35  System of Georgia, and the State Board of Technical and 
  6-36  Adult Education with respect to a postsecondary 
  6-37  accountability assessment program; to provide for the duties 
  6-38  of the Office of Education Accountability, the Education 
  6-39  Coordinating Council, and the Office of School Readiness 
  6-40  with respect to a pre-kindergarten accountability assessment 
  6-41  program; to provide for the duties of the Office of 
  6-42  Education Accountability, the Education Coordinating 
  6-43  Council, and the Professional Standards Commission with 
  6-44  respect to an education work force accountability assessment 
  6-45  program; to amend Code Section 43-24-2 of the Official Code 
  6-46  of Georgia Annotated, relating to the membership of the 
 
 
                                 -6- 
 
 
 
  7- 1  State Board for the Certification of Librarians, so as to 
  7- 2  provide for the membership of the director of public library 
  7- 3  services of the Board of Regents of the University System of 
  7- 4  Georgia; to amend the Official Code of Georgia Annotated to 
  7- 5  correct certain references and provide editorial revisions; 
  7- 6  to provide for related matters; to provide for effective 
  7- 7  dates; to repeal conflicting laws; and for other purposes. 
 
  7- 8       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  7- 9                           SECTION 1. 
 
  7-10  This Act shall be known and may be cited as the "A Plus 
  7-11  Education Reform Act of 2000." 
 
  7-12                           SECTION 2. 
 
  7-13  Code Section 15-11-28 of the Official Code of Georgia 
  7-14  Annotated, relating to the jurisdiction of the juvenile 
  7-15  court, is amended by striking in its entirety subsection (a) 
  7-16  and inserting in lieu thereof a new subsection (a) to read 
  7-17  as follows: 
 
  7-18    "(a) Exclusive original jurisdiction. Except as provided 
  7-19    in subsection (b) of this Code section, the court shall 
  7-20    have exclusive original jurisdiction over juvenile matters 
  7-21    and shall be the sole court for initiating action: 
 
  7-22      (1) Concerning any child: 
 
  7-23        (A) Who is alleged to be delinquent; 
 
  7-24        (B) Who is alleged to be unruly; 
 
  7-25        (C) Who is alleged to be deprived; 
 
  7-26        (D) Who is alleged to be in need of treatment or 
  7-27        commitment as a mentally ill or mentally retarded 
  7-28        child; 
 
  7-29        (E) Who is alleged to have committed a juvenile 
  7-30        traffic offense as defined in Code Section 15-11-73; 
  7-31        or 
 
  7-32        (F) Who has been placed under the supervision of the 
  7-33        court or on probation to the court; provided, however, 
  7-34        that such jurisdiction shall be for the sole purpose 
  7-35        of completing, effectuating, and enforcing such 
  7-36        supervision or a probation begun prior to the child's 
  7-37        seventeenth birthday; or 
 
  7-38      (2) Involving any proceedings: 
 
 
 
                                 -7- 
 
 
 
  8- 1        (A) For obtaining judicial consent to the marriage, 
  8- 2        employment, or enlistment in the armed services of any 
  8- 3        child if such consent is required by law; 
 
  8- 4        (B) Under the Interstate Compact on Juveniles, or any 
  8- 5        comparable law, if enacted or adopted in this state; 
 
  8- 6        (C) For the termination of the legal parent-child 
  8- 7        relationship and the rights of the biological father 
  8- 8        who is not the legal father of the child, other than 
  8- 9        that in connection with adoption proceedings under 
  8-10        Chapter 8 of Title 19, in which the superior courts 
  8-11        shall have concurrent jurisdiction to terminate the 
  8-12        legal parent-child relationship and the rights of the 
  8-13        biological father who is not the legal father of the 
  8-14        child; or 
 
  8-15        (D) Under Article 3 of this chapter, relating to prior 
  8-16        notice to a parent or guardian relative to an 
  8-17        unemancipated minor's decision to seek an abortion.; 
  8-18        or 
 
  8-19        (E) Brought by a local board of education pursuant to 
  8-20        Code Section 20-2-766.1." 
 
  8-21                           SECTION 3. 
 
  8-22  Chapter 2 of Title 20 of the Official Code of Georgia 
  8-23  Annotated, relating to elementary and secondary education, 
  8-24  is amended in Article 1, relating to the State Board of 
  8-25  Education, by striking in its entirety Code Section 20-2-5, 
  8-26  relating to oaths of members, and inserting in lieu thereof 
  8-27  a new Code Section 20-2-5 to read as follows: 
 
  8-28    "20-2-5. 
 
  8-29    The members of the State Board of Education shall take an 
  8-30    oath of office for the faithful performance of their 
  8-31    duties and the oath of allegiance to the federal and state 
  8-32    Constitutions.  They shall meet at the state capital in 
  8-33    the Department of Education or at such place in the 
  8-34    capital as may be designated by the Governor for that 
  8-35    purpose.  They shall elect one of their members as 
  8-36    chairman and shall fix the term of office of the chairman. 
  8-37    The state board shall meet quarterly in regular session at 
  8-38    such time as it may by regulation provide and may hold 
  8-39    additional meetings at the call of the chairman 
  8-40    chairperson, provided that upon the written request of a 
  8-41    majority of the members of the state board, the State 
  8-42    School Superintendent shall call a meeting at any time." 
 
 
                                 -8- 
 
 
 
  9- 1                           SECTION 4. 
 
  9- 2  Said chapter is further amended in Article 1, relating to 
  9- 3  the State Board of Education, by adding a new Code Section 
  9- 4  20-2-5.2 to read as follows: 
 
  9- 5    "20-2-5.2. 
 
  9- 6    The State Board of Education shall elect a chairperson and 
  9- 7    such other officers it may deem appropriate.  The term of 
  9- 8    the chairperson shall be fixed by the state board.  The 
  9- 9    chairperson shall preside at meetings of the state board, 
  9-10    set the agenda for the state board, and perform such other 
  9-11    duties as required by the state board.  The chairperson is 
  9-12    authorized, after a reasonable attempt at consultation 
  9-13    with the State School Superintendent, to require any 
  9-14    employee of the Department of Education to furnish 
  9-15    information or perform functions for the state board." 
 
  9-16                           SECTION 5. 
 
  9-17  Said chapter is further amended in Article 1, relating to 
  9-18  the State Board of Education, by adding at the end thereof a 
  9-19  new Code Section 20-2-20 to read as follows: 
 
  9-20    "20-2-20. 
 
  9-21    The State Board of Education is authorized to establish 
  9-22    regional offices of the Department of Education, subject 
  9-23    to appropriation by the General Assembly.  Should the 
  9-24    state board establish such regional offices of the 
  9-25    Department of Education, their service areas shall be 
  9-26    congruous with the service areas of regional educational 
  9-27    service agencies as provided for in Code Section 20-2-270 
  9-28    and may include more than one regional educational service 
  9-29    agency.  All employees of such regional offices shall be 
  9-30    employees of the Department of Education." 
 
  9-31                           SECTION 6. 
 
  9-32  Said chapter is further amended in Article 3, relating to 
  9-33  local boards of education, by adding a new Code Section 
  9-34  20-2-58.1 to read as follows: 
 
  9-35    "20-2-58.1. 
 
  9-36    (a) As used in this Code section, the term 'immediate 
  9-37    family' means a spouse, child, sibling, or parent or the 
  9-38    spouse of a child, sibling, or parent. 
 
  9-39    (b) No local board of education shall employ or promote 
  9-40    any person who is a member of the immediate family of any 
 
 
                                 -9- 
 
 
 
 10- 1    board member unless a public, recorded vote is taken on 
 10- 2    such employment or promotion as a separate matter from any 
 10- 3    other personnel matter.  Any board member whose immediate 
 10- 4    family member is being considered for employment shall not 
 10- 5    vote on such employment.  Nothing in this Code section 
 10- 6    shall affect the employment of any person who is employed 
 10- 7    by a local school system on July 1, 2000, or who is 
 10- 8    employed by a local school system when an immediate family 
 10- 9    member becomes a member of the local board of education 
 10-10    for that school system." 
 
 10-11                           SECTION 7. 
 
 10-12  Said chapter is further amended by striking in its entirety 
 10-13  Code Section 20-2-67, relating to monthly reports by a local 
 10-14  board of education that is subject to a corrective action 
 10-15  plan for a budget deficit, which reads as follows: 
 
 10-16    "20-2-67. 
 
 10-17    (a) The local system superintendent employed by any local 
 10-18    school system which is required to submit to the 
 10-19    Department of Education a corrective action plan as 
 10-20    provided in Code Section 20-2-283 designed to correct a 
 10-21    budget deficit for such local system shall, from the time 
 10-22    such deficit is discovered until the time it is 
 10-23    eliminated, present to each member of the local board of 
 10-24    education for his or her review and written acknowledgment 
 10-25    a monthly report containing all anticipated expenditures 
 10-26    by budget function for such system during the current 
 10-27    month.  The report shall be presented to board members on 
 10-28    or before the tenth business day of each month.  Each 
 10-29    monthly report shall be signed by each member of that 
 10-30    local board and recorded and retained in the minutes of 
 10-31    the meetings of the board of education. 
 
 10-32    (b) Not later than September 30 of each year, each local 
 10-33    board of education shall cause to be published in the 
 10-34    official county organ wherein the local school system is 
 10-35    located once a week for two weeks a statement of actual 
 10-36    financial operations for such local school system for the 
 10-37    preceding fiscal year.  Such statement of actual financial 
 10-38    operations shall be in a form to be specified and 
 10-39    prescribed by the state auditor for the purpose of 
 10-40    indicating the current financial status of the school 
 10-41    system.  Prior to publication, such form shall be executed 
 10-42    by the local board of education and signed by each member 
 10-43    of said board and the local school superintendent. 
 
 
 
                                 -10- 
 
 
 
 11- 1    (c) A copy of the actual financial operations form 
 11- 2    required to be published by subsection (a) of this Code 
 11- 3    section shall be mailed by each local board of education 
 11- 4    to the Department of Education and the local county board 
 11- 5    of commissioners or local city governmental 
 11- 6    administration.  A current copy of said form shall be 
 11- 7    maintained on file in the central administrative office 
 11- 8    for public inspection by each local board of education for 
 11- 9    a period of at least two years from the date of its 
 11-10    publication.  Copies of the statement shall be made 
 11-11    available on request.", 
 
 11-12  and inserting in lieu thereof a new Code Section 20-2-67 to 
 11-13  read as follows: 
 
 11-14    "20-2-67. 
 
 11-15    (a) When an audit by the Department of Audits and Accounts 
 11-16    finds and reports irregularities or budget deficits in the 
 11-17    fund accounting information regarding a local school 
 11-18    system or a school within the local school system, the 
 11-19    Department of Audits and Accounts shall report the 
 11-20    findings of irregularities or budget deficits to the State 
 11-21    Board of Education and the local board of education. 
 
 11-22    (b) The State Board of Education shall inform the 
 11-23    superintendent of the local school system of the 
 11-24    irregularities or budget deficits regarding a local school 
 11-25    system's or a school's fund accounting information.  The 
 11-26    superintendent shall submit to the Department of Education 
 11-27    a response to the findings and a corrective action plan as 
 11-28    defined by rules and regulations adopted by the State 
 11-29    Board of Education designed to correct the financial 
 11-30    irregularities or budget deficits for the school or school 
 11-31    system.  From the time such irregularity or budget deficit 
 11-32    is discovered until the time it is eliminated, the local 
 11-33    school superintendent shall present to each member of the 
 11-34    local board of education for his or her review and written 
 11-35    acknowledgment a monthly report containing all anticipated 
 11-36    expenditures by budget function for such school or school 
 11-37    system during the current month.  The report shall be 
 11-38    presented to local board members on or before the tenth 
 11-39    business day of each month.  Each monthly report shall be 
 11-40    signed by each member of that local board and recorded and 
 11-41    retained in the minutes of the meeting of the local board 
 11-42    of education. 
 
 
 
 
                                 -11- 
 
 
 
 12- 1    (c) Not later than September 30 of the year, each local 
 12- 2    board of education shall cause to be published in the 
 12- 3    official county organ wherein the local school system is 
 12- 4    located once a week for two weeks a statement of actual 
 12- 5    financial operations for such schools or school system 
 12- 6    identified by the Department of Audits and Accounts as 
 12- 7    having financial irregularities.  Such statement of actual 
 12- 8    financial operations shall be in a form to be specified 
 12- 9    and prescribed by the state auditor for the purpose of 
 12-10    indicating the current financial status of the schools or 
 12-11    school system.  Prior to publication, such form shall be 
 12-12    executed by the local board of education and signed by 
 12-13    each member of said board and the local school 
 12-14    superintendent. 
 
 12-15    (d) A copy of the actual financial operations form 
 12-16    required to be published by subsection (c) of this Code 
 12-17    section shall be mailed by each local board of education 
 12-18    to the Department of Education and the local county board 
 12-19    of commissioners or local municipal governing authority. 
 12-20    A current copy of said form shall be maintained on file in 
 12-21    the central administrative office of the local school 
 12-22    system for public inspection for a period of at least two 
 12-23    years from the date of its publication.  Copies of the 
 12-24    statement shall be made available on request." 
 
 12-25                           SECTION 8. 
 
 12-26  Said chapter is further amended in Article 3, relating to 
 12-27  local boards of education, by adding at the end thereof a 
 12-28  new Code Section 20-2-68 to read as follows: 
 
 12-29    "20-2-68. 
 
 12-30    The Office of Planning and Budget shall collect from local 
 12-31    school systems and local school systems shall supply 
 12-32    information sufficient for the Office of Planning and 
 12-33    Budget to verify the proper expenditure of funds and 
 12-34    employment of positions funded in the Quality Basic 
 12-35    Education formula and categorical grants." 
 
 12-36                           SECTION 9. 
 
 12-37  Said chapter is further amended by striking and reserving in 
 12-38  its entirety Article 4, relating to local school trustees, 
 12-39  which reads as follows: 
 
 
 
 
 
 
                                 -12- 
 
 
 
 
 
 13- 1    20-2-80. 
 
 13- 2    The county board of education of each county may within 30 
 13- 3    days from February 1, 1946, appoint not less than three 
 13- 4    nor more than five local school trustees for each school 
 13- 5    in the county; provided, however, the trustees of each 
 13- 6    school district as constituted prior to August 7, 1945, 
 13- 7    shall be the trustees of each school in the district until 
 13- 8    their respective terms expire. Each person so appointed 
 13- 9    shall be manifestly interested in education, and a 
 13-10    resident of the county where he is appointed. Each person 
 13-11    so appointed shall have a term of four years; and should 
 13-12    any vacancy occur due to death, resignation, change of 
 13-13    residence from the county where appointed, or otherwise, 
 13-14    the county board shall, at its next regular meeting after 
 13-15    such vacancy occurs, appoint a successor to fill the 
 13-16    vacancy. The trustees so elected or appointed shall elect 
 13-17    one of their members as chairman and another as secretary. 
 13-18    All trustees shall serve without compensation. 
 
 13-19    20-2-81. 
 
 13-20    The duties of the school trustees appointed or elected by 
 13-21    the county board of education as provided in Code Section 
 13-22    20-2-80 shall be advisory in nature. They shall make 
 13-23    recommendations to the county board as to budgets, 
 13-24    employment of teachers and other authorized employees, and 
 13-25    other matters relating to the school of which they are 
 13-26    trustees. Such recommendations shall be merely advisory, 
 13-27    and the county board is not bound to observe or follow 
 13-28    them." 
 
 13-29                          SECTION 10. 
 
 13-30  Said chapter is further amended by inserting a new article, 
 13-31  to be designated as Article 4A, to read as follows: 
 
 
 
 13-32    20-2-85. 
 
 13-33    (a) The General Assembly recognizes the need to improve 
 13-34    communication and participation of parents and the 
 13-35    community in the management and operation of local 
 13-36    schools.  The General Assembly believes that parent and 
 13-37    community support is critical to the success of students 
 13-38    and schools. The intent of this article is to bring 
 13-39    communities and schools closer together in a spirit of 
 
 
 
                                 -13- 
 
 
 
 14- 1    cooperation to solve difficult education problems, improve 
 14- 2    academic achievement, provide support for teachers and 
 14- 3    administrators, and bring parents into the school-based 
 14- 4    decision-making process.  The establishment of school 
 14- 5    councils is intended to help local boards of education 
 14- 6    develop and nurture participation, bring parents and the 
 14- 7    community together with teachers and school administrators 
 14- 8    to create a better understanding of and mutual respect for 
 14- 9    each other's concerns, and share ideas for school 
 14-10    improvement. School councils shall be reflective of the 
 14-11    school community. 
 
 14-12    (b) The management and control of public schools shall be 
 14-13    the responsibility of local boards of education, and the 
 14-14    school leader shall be the principal.  School councils 
 14-15    shall provide advice,  recommendations, and assistance and 
 14-16    represent the community of parents and businesses.  Each 
 14-17    member of the council, as a community representative, 
 14-18    shall be accorded the respect and attention deserving of 
 14-19    such election. 
 
 14-20    20-2-86. 
 
 14-21    (a) By October 1, 2001, each local board of education that 
 14-22    elects to participate in the Quality Basic Education 
 14-23    Program provided for in Article 6 of this chapter shall 
 14-24    have a school council operational at a minimum of one high 
 14-25    school, one middle school, and one elementary school, 
 14-26    except that if a school system does not have its schools 
 14-27    organized in this manner the system shall designate 
 14-28    schools for a school council as closely to the intent of 
 14-29    this Code section as possible.  By October 1, 2002, each 
 14-30    local board of education shall have a school council 
 14-31    operational in a minimum of 50 percent of the schools 
 14-32    under its jurisdiction. Such school council shall operate 
 14-33    pursuant to this Code section, and the local board of 
 14-34    education shall assist all councils in their creation and 
 14-35    operation. After two years of successful operation, and 
 14-36    upon receiving a high performance designation by the 
 14-37    Office of Education Accountability,  the local board of 
 14-38    education shall devolve to the school council such 
 14-39    additional authority in matters of school operation as the 
 14-40    local board deems appropriate. By October 1, 2003, each 
 14-41    local board of education shall have a school council 
 14-42    operational in each of the schools under its jurisdiction. 
 
 14-43    (b) The local board of education shall provide a training 
 14-44    program to assist schools in forming a school council and 
 
 
                                 -14- 
 
 
 
 15- 1    to assist school councilmembers in the performance of 
 15- 2    their duties.  Such program shall address the organization 
 15- 3    of councils, their purpose and responsibilities, 
 15- 4    applicable laws, rules, regulations and meeting 
 15- 5    procedures, and important state and local school system 
 15- 6    program requirements and shall provide a model school 
 15- 7    council organization plan.  The training program shall be 
 15- 8    offered to school councilmembers at least twice per school 
 15- 9    year, except that this program shall be offered during the 
 15-10    month of July should there be members of the school 
 15-11    council with a term commencing on July 1 who have not 
 15-12    previously received this training.  The State Board of 
 15-13    Education shall develop and make available a model school 
 15-14    council training program. 
 
 15-15    (c) Membership on the council shall be open to teachers, 
 15-16    parents, and business representatives selected from all 
 15-17    businesses that are designated school business partners. 
 15-18    Any member may withdraw from the council by delivering to 
 15-19    the council a written resignation and submitting a copy to 
 15-20    the secretary of the council or school principal.  Should 
 15-21    school councilmembers determine that a member of the 
 15-22    council is no longer active in the council as defined by 
 15-23    the bylaws of the council, the council may, by a vote of 
 15-24    five members of the council, withdraw such person's 
 15-25    membership status, effective as of a date determined by 
 15-26    the council. 
 
 15-27    (d) The property and business of the council shall be 
 15-28    managed by seven school councilmembers of whom a majority 
 15-29    shall constitute a quorum. School councilmembers must be 
 15-30    individuals who are 18 years of age or older.  Members of 
 15-31    the school council shall include: 
 
 15-32      (1) Two parents or guardians of students enrolled in the 
 15-33      school, excluding employees who are parents or guardians 
 15-34      of such students; 
 
 15-35      (2) Two businesspersons, one of whom shall be selected 
 15-36      by the local board of education and one of whom shall be 
 15-37      selected by the other five nonbusiness members of the 
 15-38      school council from the business partners of the school 
 15-39      or, if there are no business partners, from the local 
 15-40      business community; 
 
 15-41      (3) Two certificated teachers, excluding any personnel 
 15-42      employed in administrative positions, who are employed 
 
 
 
 
                                 -15- 
 
 
 
 16- 1      at least four of the six school segments at the school; 
 16- 2      and 
 
 16- 3      (4) The school principal. 
 
 16- 4    An employee of the local school system may serve as a 
 16- 5    parent representative on the council of a school in which 
 16- 6    his or her child is enrolled if such employee works at a 
 16- 7    different school.  With the exception of the principal and 
 16- 8    the business representatives, members shall be elected by, 
 16- 9    and from among, the group they represent. The chairperson 
 16-10    of the council shall be the school principal. 
 
 16-11    (e) Members of the council shall serve for a term of two 
 16-12    years. The office of school councilmember shall be 
 16-13    automatically vacated: 
 
 16-14      (1) If a member shall resign; 
 
 16-15      (2) If the person holding the office is removed as a 
 16-16      member by an action of the council pursuant to this Code 
 16-17      section; or 
 
 16-18      (3) If a member no longer meets the qualifications 
 16-19      specified in this Code section. 
 
 16-20    An election within the electing body for a replacement to 
 16-21    fill the remainder of an unexpired term shall be held 
 16-22    within 30 days, unless there are 90 days or less remaining 
 16-23    in the term in which case the vacancy shall remain 
 16-24    unfilled. 
 
 16-25    (f) All meetings of the council shall be held at the 
 16-26    school site.  The council shall meet once a month, at the 
 16-27    call of the chairperson, or at the request of a majority 
 16-28    of the members of the council. Notice by mail shall be 
 16-29    sent to school councilmembers at least seven days prior to 
 16-30    a meeting of the council. School councils shall be subject 
 16-31    to Chapter 14 of Title 50, relating to open and public 
 16-32    meetings, in the same manner as local boards of education. 
 16-33    Each member is authorized to exercise one vote. A quorum 
 16-34    must be present in order to conduct official council 
 16-35    business. Members of the council shall not receive 
 16-36    remuneration to serve on the council or its committees. 
 
 16-37    (g) After providing public notice at least two weeks 
 16-38    before the meeting of each electing body, the principal of 
 16-39    each school shall call a meeting of electing bodies during 
 16-40    the month of May each year for the purpose of selecting 
 16-41    members of the school council as required by this Code 
 
 
 
                                 -16- 
 
 
 
 17- 1    section.  The electing body for the parent members shall 
 17- 2    consist of all parents and guardians eligible to serve as 
 17- 3    a parent member of the school council, and the electing 
 17- 4    body for the teacher members shall consist of all 
 17- 5    certificated personnel eligible to serve as a teacher 
 17- 6    member of the school council. 
 
 17- 7    (h) The school council shall adopt such bylaws as it deems 
 17- 8    appropriate to conduct the business of the council.  The 
 17- 9    adoption of bylaws or changes thereto requires five 
 17-10    affirmative votes.  The State Board of Education shall 
 17-11    develop and make available model school council bylaws. 
 
 17-12    (i) The school council shall have the same immunity as the 
 17-13    local board of education in all matters directly related 
 17-14    to the functions of the council. 
 
 17-15      (j)(1) The officers of the council shall be a 
 17-16      chairperson, vice chairperson, and secretary.  Officers 
 17-17      of the council, other than the chairperson, shall be 
 17-18      appointed by resolution of the council at the first 
 17-19      meeting of the council following the election of school 
 17-20      councilmembers.  The officers of the council shall hold 
 17-21      office concurrently with the term of members of the 
 17-22      council. 
 
 17-23      (2) The vice chairperson shall, in the absence or 
 17-24      disability of the chairperson, perform the duties and 
 17-25      exercise the powers of the chairperson and shall perform 
 17-26      such other duties as shall from time to time be imposed 
 17-27      upon him or her by the council. 
 
 17-28      (3) The secretary shall attend all meetings, act as 
 17-29      clerk of the council, and be responsible for recording 
 17-30      all votes and minutes of all proceedings in the books to 
 17-31      be kept for that purpose. The secretary shall give or 
 17-32      cause to be given notice of all meetings of the council 
 17-33      and shall perform such other duties as may be prescribed 
 17-34      by the council or the chairperson, under whose 
 17-35      supervision the secretary shall be. 
 
 17-36    (k) The members of the council are accountable to the 
 17-37    constituents they serve and shall: 
 
 17-38      (1) Maintain a school-wide perspective on issues; 
 
 17-39      (2) Regularly participate in council meetings; 
 
 17-40      (3) Participate in information and training programs; 
 
 
 
 
                                 -17- 
 
 
 
 18- 1      (4) Act as a link between the school council and the 
 18- 2      community; 
 
 18- 3      (5) Encourage the participation of parents and others 
 18- 4      within the school community; and 
 
 18- 5      (6) Work to improve student achievement and performance. 
 
 18- 6    (l) The minutes of the council shall be made available to 
 18- 7    the public, for inspection at the school office, and shall 
 18- 8    be provided to the councilmembers, each of whom shall 
 18- 9    receive a copy of such minutes within 20 days following 
 18-10    each council meeting. All school councils shall be subject 
 18-11    to Article 4 of Chapter 18 of Title 50, relating to the 
 18-12    inspection of public records, in the same manner as local 
 18-13    boards of education. 
 
 18-14    (m) At all meetings of the council every question shall be 
 18-15    determined by a majority vote of members present, 
 18-16    representing a quorum. 
 
 18-17    (n) The term of office of all councilmembers shall begin 
 18-18    on July 1 and end on June 30. 
 
 18-19    (o) The council may appoint committees, study groups, or 
 18-20    task forces for such purposes as it deems helpful and may 
 18-21    utilize existing or new school advisory groups. 
 
 18-22    (p) The local board of education shall provide all 
 18-23    information not specifically made confidential by law, 
 18-24    including budget information, to the council as requested. 
 18-25    The local board shall also designate an employee of the 
 18-26    school system to attend council meetings as requested by a 
 18-27    school council for the purpose of responding to questions 
 18-28    the council may have concerning information provided to it 
 18-29    by the local board or actions taken by the local board. 
 
 18-30    (q) The local board of education shall receive all 
 18-31    recommendations of the school council, including the 
 18-32    annual report, and shall have the authority to overturn 
 18-33    any decision of the school council as follows: 
 
 18-34      (1) Public notice shall be given to the community of the 
 18-35      local board's intent to consider school council reports, 
 18-36      recommendations, appointments, or any other decision of 
 18-37      a school council; 
 
 18-38      (2) Written notice shall be given to the members of the 
 18-39      school council at least seven days prior to such local 
 18-40      board meeting, along with a notice of intent to consider 
 
 
 
                                 -18- 
 
 
 
 19- 1      a council report, recommendation, appointment, or any 
 19- 2      other decision of the council; 
 
 19- 3      (3) The members of the school council shall be afforded 
 19- 4      an opportunity to present information in support of the 
 19- 5      school council's action; and 
 
 19- 6      (4) A majority of the board members present, 
 19- 7      representing a quorum, vote to overturn the council 
 19- 8      decision. 
 
 19- 9    The local board of education shall respond to each 
 19-10    recommendation of the school council within 60 days after 
 19-11    being notified in writing of the recommendation. 
 
 19-12    (r) The school principal shall have the following duties 
 19-13    pertaining to school council activities: 
 
 19-14      (1) Cause to be created a school council pursuant to 
 19-15      this Code section by convening the appropriate bodies to 
 19-16      select school councilmembers; setting the initial 
 19-17      agenda, meeting time, and location; and notifying all 
 19-18      school councilmembers of the same; 
 
 19-19      (2) Serve as chairperson of the school council and 
 19-20      perform all of the duties required by law and the bylaws 
 19-21      of the council; 
 
 19-22      (3) Speak for and represent the council in all school 
 19-23      council matters before the local board of education; 
 
 19-24      (4) Communicate all council requests for information and 
 19-25      assistance to the local school superintendent and inform 
 19-26      the council of responses or actions of the local school 
 19-27      superintendent; 
 
 19-28      (5) Develop the school improvement plan and school 
 19-29      operation plan and submit the plans to the school 
 19-30      council for its review, comments, recommendations, and 
 19-31      approval; 
 
 19-32      (6) Develop the agenda for each meeting of the council 
 19-33      after taking into consideration suggestions of 
 19-34      councilmembers and the urgency of school matters. An 
 19-35      item may be added to the agenda at the request of three 
 19-36      or more councilmembers; and 
 
 19-37      (7) Provide to the council the initial and midterm 
 19-38      allotment sheets for the school that are provided by the 
 19-39      Department of Education pursuant to Article 6 of this 
 19-40      chapter. 
 
 
 
                                 -19- 
 
 
 
 20- 1    (s) School councils are advisory bodies.  The councils 
 20- 2    shall provide advice and recommendations to the school 
 20- 3    principal and, where appropriate, the local board of 
 20- 4    education on any matter, including but not limited to, the 
 20- 5    following: 
 
 20- 6      (1) School calendar; 
 
 20- 7      (2) School codes for conduct and dress; 
 
 20- 8      (3) Curriculum, program goals, and priorities; 
 
 20- 9      (4) The responses of the school to audits of the school 
 20-10      as conducted by the Office of Education Accountability; 
 
 20-11      (5) Preparation and distribution to the community of a 
 20-12      school profile which shall contain data as identified by 
 20-13      the council to describe the academic performance, 
 20-14      academic progress, services, awards, interventions, 
 20-15      environment, and other such data as the council deems 
 20-16      appropriate; 
 
 20-17      (6) In the case of a vacancy in the position of school 
 20-18      principal, the recommendation of a school principal from 
 20-19      a list of qualified applicants submitted by the local 
 20-20      board of education and local school superintendent to 
 20-21      the council; 
 
 20-22      (7) School budget priorities, including school capital 
 20-23      improvement plans; 
 
 20-24      (8) School-community communication strategies; 
 
 20-25      (9) Methods of reporting to parents and communities 
 20-26      other than through the school profile; 
 
 20-27      (10) Extracurricular activities in the school; 
 
 20-28      (11) School-based and community services; 
 
 20-29      (12) Community use of school facilities; 
 
 20-30      (13) Recommendations concerning school board policies; 
 
 20-31      (14) Receiving and reviewing reports from the school 
 20-32      principal regarding progress toward the school's student 
 20-33      achievement goals, including progress within specific 
 20-34      grade levels and subject areas and by school personnel; 
 20-35      and 
 
 20-36      (15) The method and specifications for the delivery of 
 20-37      early intervention services." 
 
 
 
 
                                 -20- 
 
 
 
 21- 1                          SECTION 11. 
 
 21- 2  Said chapter is further amended by striking in its entirety 
 21- 3  Code Section 20-2-131, relating to the objectives and 
 21- 4  purposes of the Quality Basic Education Program, and 
 21- 5  inserting in lieu thereof a new Code Section 20-2-131 to 
 21- 6  read as follows: 
 
 21- 7    "20-2-131. 
 
 21- 8    The General Assembly of Georgia, recognizing the need for: 
 
 21- 9      (1) Implementing a quality basic education curriculum in 
 21-10      public schools state wide which ensures that each 
 21-11      student is provided ample opportunity to develop 
 21-12      competencies necessary for lifelong learning as well as 
 21-13      the competencies needed to maintain good physical and 
 21-14      mental health, to participate actively in the governing 
 21-15      process and community activities, to protect the 
 21-16      environment and conserve public and private resources, 
 21-17      and to be an effective worker and responsible citizen of 
 21-18      high character; 
 
 21-19      (2) Providing all children and youth in Georgia with 
 21-20      access to a quality program which supports their 
 21-21      development of essential competencies in order that they 
 21-22      may realize their potential; 
 
 21-23      (3) Providing an equitable public education finance 
 21-24      structure which ensures that every student has an 
 21-25      opportunity for a quality basic education, regardless of 
 21-26      where the student lives, and ensures that all Georgians 
 21-27      pay their fair share of this finance structure; 
 
 21-28      (4) Establishing and maintaining state-wide standards 
 21-29      which ensure that each student has access to a quality 
 21-30      program; 
 
 21-31      (5) Making teaching an attractive and rewarding 
 21-32      profession in order to attract, retain, and fully 
 21-33      utilize highly competent personnel in all public schools 
 21-34      of the state; 
 
 21-35      (6) Providing effective staff development and attractive 
 21-36      incentive programs which will motivate public school 
 21-37      personnel to enhance their competencies and perform to 
 21-38      their potential throughout their career; 
 
 21-39      (7) Providing local school systems with the incentives, 
 21-40      resources, and technical assistance they need to plan 
 
 
 
                                 -21- 
 
 
 
 22- 1      and implement improvements in their programs on a 
 22- 2      continuing basis; 
 
 22- 3      (8) Providing parents and the general public with 
 22- 4      information on the quality of schools and the 
 22- 5      achievement of the public school students in Georgia; 
 
 22- 6      (9) Providing appropriate school facilities in which 
 22- 7      quality educational programs can be offered, 
 22- 8      particularly in the small and sparsely populated school 
 22- 9      systems; and 
 
 22-10      (10) Providing an accountability system to ensure that 
 22-11      all students are receiving a quality instructional 
 22-12      program so that all students can achieve at their 
 22-13      highest level; 
 
 22-14      (11) Providing a seamless education system to allow for 
 22-15      the delivery of educational programs at all levels and 
 22-16      the movement of students between programs and education 
 22-17      agencies as efficiently and effectively as possible and 
 22-18      to provide for coordination on a continuing basis 
 22-19      between agencies responsible for education services; 
 
 22-20      (12) Providing a safe school environment so that 
 22-21      students can learn and mature without fear of violence 
 22-22      or intimidation; 
 
 22-23      (13) Providing access to nursing services so that 
 22-24      teachers can deliver instructional services without the 
 22-25      added responsibility of addressing students' nursing 
 22-26      needs and so that students can receive nursing services 
 22-27      while at school; 
 
 22-28      (14) Providing academic intervention programs designed 
 22-29      to assist students who are performing below grade level 
 22-30      in order to increase their mastery of critical academic 
 22-31      knowledge and skills; 
 
 22-32      (15) Providing an alternative educational environment 
 22-33      for those students who need a different educational 
 22-34      structure in order to properly master critical academic 
 22-35      knowledge and skills and to provide an environment where 
 22-36      they can stay in school and acquire the knowledge and 
 22-37      skills necessary for a productive life; 
 
 22-38      (16) Providing students with advice and assistance in 
 22-39      planning their academic and work careers and achieving 
 22-40      those goals; 
 
 
 
 
                                 -22- 
 
 
 
 23- 1      (17) Providing an evaluation process for all school 
 23- 2      system personnel to assure the public that personnel are 
 23- 3      performing at acceptable levels and providing quality 
 23- 4      educational services to all students; 
 
 23- 5      (18) Providing an environment where parents and the 
 23- 6      community can participate in school activities and 
 23- 7      support school personnel as they work with students and 
 23- 8      address their academic needs; 
 
 23- 9      (19) Providing for parent and community participation in 
 23-10      the establishment of school programs, policies, and 
 23-11      management so that the school and community are 
 23-12      connected in meaningful and productive ways and 
 23-13      providing support for teachers and school leaders in 
 23-14      addressing the school's needs; and 
 
 23-15      (10)(20) Providing a means whereby the foregoing might 
 23-16      be met in order to provide an opportunity for a quality 
 23-17      basic education to the citizens of the state and to 
 23-18      discharge the responsibilities and obligations of the 
 23-19      state to ensure a literate and informed society 
 
 23-20    does establish the Quality Basic Education Program.  It is 
 23-21    declared to be the policy of this state to assure that 
 23-22    each Georgian has access to quality instruction, as 
 23-23    defined in this article, designed to improve upon a 
 23-24    student's learning capacity.  It is further declared that 
 23-25    no student shall be refused admission into or be excluded 
 23-26    from any public school in the state on account of race, 
 23-27    creed, color, or national origin." 
 
 23-28                          SECTION 12. 
 
 23-29  Said chapter is further amended by striking in its entirety 
 23-30  Code Section 20-2-132, relating to the primary goals of the 
 23-31  "Quality Basic Education Act," and inserting in lieu thereof 
 23-32  a new Code Section 20-2-132 to read as follows: 
 
 23-33    "20-2-132. 
 
 23-34    It is the intent of the General Assembly that the primary 
 23-35    goals of this article shall be as follows: 
 
 23-36      (1) A substantial reduction in the number of teachers 
 23-37      who leave the teaching profession for reasons of job 
 23-38      dissatisfaction; 
 
 23-39      (2) A decrease in the percentage and number of students 
 23-40      who enter school but drop out prior to graduation; 
 
 
 
                                 -23- 
 
 
 
 24- 1      (3) The elimination of emergency teaching certificates 
 24- 2      and waivers for teaching outside of specialty; 
 
 24- 3      (4) A decrease in the percentage of students who fail 
 24- 4      the State Basic Skills Test in the tenth grade Georgia 
 24- 5      High School Graduation Test; 
 
 24- 6      (5) A significant increase in the test scores of Georgia 
 24- 7      students who take the Scholastic Aptitude Assessment 
 24- 8      Test (SAT) or the ACT Assessment (ACT); and 
 
 24- 9      (6) An increase in the number of students mastering each 
 24-10      skill in reading, mathematics, and other subject areas.; 
 
 24-11      (7) An accountability system for education programs that 
 24-12      measures efficiency and effectiveness and ensures that 
 24-13      programs produce improvement in student achievement 
 24-14      scores for all students; 
 
 24-15      (8) A comprehensive program and financial information 
 24-16      system that provides data that allow for the accurate 
 24-17      evaluation of program effectiveness; 
 
 24-18      (9) A seamless education system that allows students to 
 24-19      be served in the most effective and efficient way 
 24-20      possible; 
 
 24-21      (10) The elimination of school violence; 
 
 24-22      (11) A decrease in the percentage of students who 
 24-23      perform below grade level; 
 
 24-24      (12) An increase in parental and community involvement 
 24-25      in schools; 
 
 24-26      (13) Better coordination between education agencies and 
 24-27      other organizations providing instructional and related 
 24-28      services to students; 
 
 24-29      (14) A more competent school work force through the 
 24-30      effective use of evaluation tools, training, and school 
 24-31      improvement teams that promote best practices; and 
 
 24-32      (15) More flexibility for high-performing schools so 
 24-33      that services can be better adapted to student needs." 
 
 24-34                          SECTION 13. 
 
 24-35  Said chapter is further amended in Code Section 20-2-142, 
 24-36  relating to prescribed courses and the development and 
 24-37  dissemination of instructional materials on the effect of 
 24-38  alcohol under the "Quality Basic Education Act," by striking 
 
 
 
                                 -24- 
 
 
 
 25- 1  in its entirety subsection (c) and inserting in lieu thereof 
 25- 2  a new subsection (c) to read as follows: 
 
 25- 3    "(c) The State Board of Education shall prescribe a course 
 25- 4    of study in health and physical education for all grades 
 25- 5    and grade levels in the public schools and shall establish 
 25- 6    minimum time requirements and standards for its 
 25- 7    administration.  The course shall include instruction 
 25- 8    concerning the impact of alcohol, tobacco, and drug use 
 25- 9    upon health and may occupy periods totaling not less than 
 25-10    30 minutes per day in kindergarten through grade eight or 
 25-11    equivalent grade levels.  A manual setting out the details 
 25-12    of such courses of study shall be prepared or approved by 
 25-13    the State School Superintendent in cooperation with the 
 25-14    Department of Human Resources, the state board, and such 
 25-15    expert advisers as they may choose.  The Department of 
 25-16    Education is directed to assemble or develop instructional 
 25-17    resources and materials concerning alcohol and drug abuse, 
 25-18    taking into consideration technological enhancements 
 25-19    available for utilization of such instructional 
 25-20    resources." 
 
 25-21                          SECTION 14. 
 
 25-22  Said chapter is further amended by striking paragraph (4) of 
 25-23  subsection (b) of Code Section 20-2-151, relating to general 
 25-24  and career education programs under the "Quality Basic 
 25-25  Education Act," and inserting in lieu thereof a new 
 25-26  paragraph (4) to read as follows: 
 
 25-27        "(4)(A) It is the policy of this state that the 
 25-28        primary purposes of the high school programs shall be 
 25-29        to prepare students for the continuation of their 
 25-30        education beyond high school and for entry into their 
 25-31        chosen career fields as well as to prepare them to 
 25-32        take their places in society as young adults.  The 
 25-33        following high school programs for grades nine, ten, 
 25-34        11, and 12 are authorized for purposes of funding 
 25-35        under this article: 
 
 25-36          (i) The high school education program which includes 
 25-37          general, vocational, and college preparatory 
 25-38          classes; and  
 
 25-39          (ii) The nonvocational high school laboratory 
 25-40          program; and 
 
 25-41          (iii)(ii) The vocational laboratory program. 
 
 
 
 
                                 -25- 
 
 
 
 26- 1        (B) As a reflection of the reduced teacher-student 
 26- 2        ratios and more extensive material and equipment 
 26- 3        needed for effective laboratory courses compared to 
 26- 4        courses with no or only limited laboratory 
 26- 5        experiences, the nonvocational high school laboratory 
 26- 6        and vocational laboratory programs program shall be 
 26- 7        funded at a higher levels level than the high school 
 26- 8        general education program.  The state board shall 
 26- 9        adopt criteria which courses must meet in order to 
 26-10        qualify for either the nonvocational high school 
 26-11        laboratory or the vocational laboratory program." 
 
 26-12                          SECTION 15. 
 
 26-13  Said chapter is further amended by striking in its entirety 
 26-14  Code Section 20-2-153, relating to the special instructional 
 26-15  assistance program for students with developmental 
 26-16  disabilities under the "Quality Basic Education Act," and 
 26-17  inserting in lieu thereof a new Code Section 20-2-153 to 
 26-18  read as follows: 
 
 26-19    "20-2-153. 
 
 26-20    The State Board of Education shall create a special 
 26-21    instructional assistance program create an early 
 26-22    intervention program to assist students with identified 
 26-23    developmental deficiencies which are likely to result in 
 26-24    problems in maintaining a level of performance consistent 
 26-25    with expectations for their respective ages. The 
 26-26    kindergarten early intervention program shall serve 
 26-27    students enrolled in grade kindergarten.  The primary 
 26-28    grades early intervention program shall serve students 
 26-29    enrolled in grades one through three. Only students 
 26-30    enrolled in grades kindergarten through five with 
 26-31    documented developmental levels below expectations for 
 26-32    their respective ages that are not attributable to an 
 26-33    identified disabling condition and who are not enrolled in 
 26-34    either the remedial education program or any of the 
 26-35    special education programs shall be eligible for the early 
 26-36    intervention program special instructional assistance 
 26-37    program; provided, however, that students with physical 
 26-38    disabilities whose special education services consist 
 26-39    solely of therapy related to the physical disability shall 
 26-40    be eligible for the special instructional assistance 
 26-41    program if they meet all other criteria of this Code 
 26-42    section. The purpose of the early intervention program 
 26-43    shall be to provide additional instructional resources to 
 26-44    help students who are performing below grade level obtain 
 
 
                                 -26- 
 
 
 
 27- 1    the necessary academic skills to reach grade level 
 27- 2    performance in the shortest possible time. The definition 
 27- 3    of below grade level shall be that as defined by the 
 27- 4    Office of Education Accountability and adopted by the 
 27- 5    Education Coordinating Council and State Board of 
 27- 6    Education.  In developing accountability standards for 
 27- 7    schools, the Office of Education Accountability shall 
 27- 8    consider the length of time that students spend in the 
 27- 9    early intervention program as one of the determinants of 
 27-10    performing and nonperforming schools.  Students should be 
 27-11    moved into this program, provided assistance, and moved 
 27-12    out of this program upon reaching grade level performance. 
 27-13    It is not the intent of the General Assembly that students 
 27-14    be assigned to this program on a continuing or permanent 
 27-15    basis.  The school shall provide timely notice and an 
 27-16    opportunity for a conference with the student and his or 
 27-17    her parents or guardians to discuss the student's 
 27-18    developmental deficiencies and options for addressing 
 27-19    those deficiencies. The specifications for delivery of 
 27-20    early intervention services shall be the responsibility of 
 27-21    local boards of education except that the program rules 
 27-22    and regulations adopted by the State Board of Education 
 27-23    shall be followed in designing the program delivery 
 27-24    models.  Delivery models may include, but are not limited 
 27-25    to, class augmentation, pull-out or self-contained 
 27-26    classes, and the Reading Recovery Program delivered by 
 27-27    certificated personnel.  Funding for the early 
 27-28    intervention program shall have a full-time equivalent 
 27-29    teacher-student ratio of one teacher to 11 students. The 
 27-30    state board shall specify the instruments and process used 
 27-31    to determine student eligibility for this program, 
 27-32    including specification of the student eligibility 
 27-33    criteria to be applied, the allowable educational services 
 27-34    to be provided under this Code section, and the funding 
 27-35    guidelines to be used in distributing state funds to 
 27-36    participating local school systems. Such policies and 
 27-37    guidelines shall be submitted to the General Assembly for 
 27-38    review and comment prior to the request for funding by the 
 27-39    state board.  Each local school system shall annually 
 27-40    report by grade level the number of eligible students, the 
 27-41    number of students served, the types of services provided, 
 27-42    and the average achievement of students served.  For the 
 27-43    first year of implementation of this program state wide, 
 27-44    the state board shall request an amount for grants to 
 27-45    local school systems based upon documentation of the 
 27-46    number of eligible students estimated to be served; 
 
 
                                 -27- 
 
 
 
 28- 1    provided, however, that funds appropriated for this 
 28- 2    program in the initial year of operation shall be 
 28- 3    allocated only on the basis of the documented actual 
 28- 4    number of students being served during the initial year. 
 28- 5    For the second year of operation and thereafter, the 
 28- 6    amount of funds appropriated and allocated for this 
 28- 7    program shall be based on the actual count of students 
 28- 8    served during the preceding year. In the event that 
 28- 9    insufficient funds are appropriated by the General 
 28-10    Assembly to serve all eligible students in this program, 
 28-11    any funds which are appropriated shall be directed toward 
 28-12    addressing the needs of the youngest eligible students in 
 28-13    each local school system the number of students served in 
 28-14    the early intervention programs as part of the full-time 
 28-15    equivalent program count conducted pursuant to Code 
 28-16    Section 20-2-160." 
 
 28-17                          SECTION 16. 
 
 28-18  Said chapter is further amended by striking in its entirety 
 28-19  Code Section 20-2-154, relating to the remedial education 
 28-20  program under the "Quality Basic Education Act," and 
 28-21  inserting in lieu thereof a new Code Section 20-2-154 to 
 28-22  read as follows: 
 
 28-23    "20-2-154. 
 
 28-24    (a) All children and youth who are eligible for a general 
 28-25    and career education program under Code Section 20-2-151 
 28-26    and who are also eligible under the criteria specified in 
 28-27    this Code section shall be provided, in accordance with 
 28-28    policies adopted by the State Board of Education, the 
 28-29    remedial education program services needed to address 
 28-30    their respective reading, mathematics, or writing 
 28-31    deficiencies beginning fiscal year 1992.  The following 
 28-32    students shall be eligible for remedial education 
 28-33    services, except as provided in subsection (b) of this 
 28-34    Code section: 
 
 28-35      (1) Students in grades two through four and five and 
 28-36      grades nine through 12 may be eligible for services if 
 28-37      they meet two or more of the following criteria: 
 
 28-38        (A) The student has been through the formal student 
 28-39        support team process and has documented evidence to 
 28-40        support the placement in remedial education; 
 
 28-41        (B) The student has been retained in the grade; 
 
 
 
 
                                 -28- 
 
 
 
 29- 1        (C) The student is receiving services under Part A of 
 29- 2        Chapter 1 of Title 1 of the Elementary and Secondary 
 29- 3        Education Act of 1965, as amended by the Augustus F. 
 29- 4        Hawkins-Robert T. Stafford Elementary and Secondary 
 29- 5        School Improvement Amendments of 1988 (Public Law 
 29- 6        100-297) Improving America's Schools Act of 1994 
 29- 7        (Public Law 103-382); 
 
 29- 8        (D) The student has been recommended by the teacher 
 29- 9        who has documented any of the following student 
 29-10        information: 
 
 29-11          (i) Low performance in the reading series system; 
 
 29-12          (ii) Low performance in the math mathematics series; 
 29-13          or 
 
 29-14          (iii) The student is unable to verbally express 
 29-15          ideas and cannot write or dictate a meaningful 
 29-16          sentence; or 
 
 29-17        (E) Current test information in the student file 
 29-18        indicates the student has a score at or below the 25 
 29-19        twenty-fifth percentile; and 
 
 29-20      (2) Students in grades two through four and five and 
 29-21      grades nine through 12 who are receiving services under 
 29-22      the special education program as authorized by Code 
 29-23      Section 20-2-152 and whose Individualized Education 
 29-24      Programs (IEP's) specify that they meet the eligibility 
 29-25      requirements specified in paragraph (1) of this 
 29-26      subsection and that their special education program is 
 29-27      not designed to address their respective reading, 
 29-28      mathematics, or writing deficiencies. 
 
 29-29    No more than 25 percent of the school full-time equivalent 
 29-30    population in eligible grades as specified in paragraphs 
 29-31    (1) and (2) of this subsection shall be eligible for the 
 29-32    remedial program; provided, however, that the State Board 
 29-33    of Education may develop regulations whereby a higher 
 29-34    percentage may be eligible if the percentage of students 
 29-35    receiving free and reduced price lunches exceeds 50 
 29-36    percent.  
 
 29-37    (b) The following students shall not be eligible for the 
 29-38    remedial education program:  
 
 29-39      (1) Students who are receiving services under the 
 29-40      special instructional assistance program as authorized 
 29-41      by Code Section 20-2-153; or  
 
 
 
                                 -29- 
 
 
 
 30- 1      (2) Students who are receiving instruction under the 
 30- 2      special education program that is designed to address 
 30- 3      their respective reading, mathematics, or writing 
 30- 4      deficiencies. 
 
 30- 5    (c)(b) Students in grades two through four and five shall 
 30- 6    only receive instruction at any given time at their 
 30- 7    current performance level or slightly above such level in 
 30- 8    the subject matter areas for which they are eligible under 
 30- 9    the provisions of this Code section; provided, however, 
 30-10    that the program of instruction is designed to move the 
 30-11    student to grade level or higher in the shortest possible 
 30-12    time while ensuring mastery as the student progresses. 
 30-13    Each local unit of administration shall submit to the 
 30-14    State Board of Education by July 1 of each year the 
 30-15    average achievement scores by subject area and grade level 
 30-16    of all students who were receiving instructional services 
 30-17    under the provisions of this Code section, except those 
 30-18    students whose Individualized Education Programs under the 
 30-19    special education program state they shall not be 
 30-20    administered such achievement tests.  If appropriate 
 30-21    evaluation data are not received from a local school 
 30-22    system by the state board by July 1 of each year, after a 
 30-23    hearing has been held for the system, the subsequent 
 30-24    allocation of funds under this Code section for the next 
 30-25    fiscal year shall be withheld in accordance with the 
 30-26    procedure specified in Code Section 20-2-243.  The state 
 30-27    board shall monitor each local school system's remedial 
 30-28    education program at least once each year. The state board 
 30-29    shall annually request sufficient state funds to pay a pro 
 30-30    rata share of the costs associated with the staff of the 
 30-31    federal compensatory education program for disadvantaged 
 30-32    children when such staff is used to evaluate the remedial 
 30-33    education program under this Code section in conjunction 
 30-34    with the evaluation of the federal compensatory education 
 30-35    program for disadvantaged children in the same local 
 30-36    school system." 
 
 30-37                          SECTION 17. 
 
 30-38  Said chapter is further amended in Part 3 of Article 6, 
 30-39  relating to educational programs under the "Quality Basic 
 30-40  Education Act," by adding a new code Section 20-2-154.1 to 
 30-41  read as follows: 
 
 
 
 
 
 
                                 -30- 
 
 
 
 31- 1    "20-2-154.1. 
 
 31- 2    (a) It is the policy of this state that the alternative 
 31- 3    education program shall provide a learning environment 
 31- 4    that includes the objectives of the quality core 
 31- 5    curriculum and that the instruction in an alternative 
 31- 6    education program shall enable students to return to a 
 31- 7    general or career education program as quickly as 
 31- 8    possible.  Course credit shall be earned in an alternative 
 31- 9    education program in the same manner as in other education 
 31-10    programs.  It is the policy of this state that it is 
 31-11    preferable to reassign disruptive students to an 
 31-12    alternative education program rather than suspending or 
 31-13    expelling such students from school. 
 
 31-14    (b) Alternative education programs are intended to meet 
 31-15    the education needs of a student who is suspended from his 
 31-16    or her regular classroom and also of a student who is 
 31-17    eligible to remain in his or her regular classroom but is 
 31-18    more likely to succeed in a nontraditional setting such as 
 31-19    that provided in an alternative education program. 
 
 31-20    (c) As part of the process of assigning a student to an 
 31-21    alternative education program for academic or 
 31-22    nondisciplinary reasons, the school shall assess, through 
 31-23    policies and procedures promulgated by the local board of 
 31-24    education, the needs of the student and consider options 
 31-25    for addressing those needs. 
 
 31-26    (d) Each local school system shall provide an alternative 
 31-27    education program that: 
 
 31-28      (1) Is provided in a setting other than a student's 
 31-29      regular classroom; 
 
 31-30      (2) Is located on or off of a regular school campus and 
 31-31      may include in-school suspension that provides continued 
 31-32      progress on regular classroom assignments; 
 
 31-33      (3) Provides for disruptive students who are assigned to 
 31-34      the alternative education program to be separated from 
 31-35      nondisruptive students who are assigned to the program; 
 
 31-36      (4) Focuses on English language arts, mathematics, 
 31-37      science, social studies, and self-discipline; 
 
 31-38      (5) Provides for students' educational and behavioral 
 31-39      needs;  and 
 
 31-40      (6) Provides supervision and counseling. 
 
 
 
                                 -31- 
 
 
 
 32- 1    (e) An alternative education program may provide for a 
 32- 2    student's transfer to a different campus, a 
 32- 3    school-community guidance center, or a community-based 
 32- 4    alternative school. 
 
 32- 5    (f) A local school system may provide an alternative 
 32- 6    education program jointly with one or more other systems. 
 
 32- 7    (g) Each local school system shall cooperate with 
 32- 8    government agencies and community organizations that 
 32- 9    provide services in the school district to students placed 
 32-10    in an alternative education program. 
 
 32-11    (h) For the 2000-2001 school year, state funding of 
 32-12    alternative education programs shall be based upon a 
 32-13    full-time equivalent program count that equals 2.5 percent 
 32-14    of the full-time equivalent program count for grades six 
 32-15    through 12.  For the 2001-2002 school year and thereafter, 
 32-16    the amount of state funds appropriated and allocated for 
 32-17    the alternative education program provided for in this 
 32-18    Code section shall be based on the actual count of 
 32-19    students served during the preceding year, except that the 
 32-20    count of students served shall not exceed 2.5 percent of 
 32-21    the full-time equivalent program count for grades six 
 32-22    through 12. 
 
 32-23    (i) A local school system shall allocate to an alternative 
 32-24    education program the same expenditure for each student 
 32-25    attending the alternative education program, including 
 32-26    federal, state, and local funds, that would be allocated 
 32-27    to the student's school if the student were attending the 
 32-28    student's regularly assigned education program, including 
 32-29    a special education program, except as otherwise provided 
 32-30    in this Code section. 
 
 32-31    (j) Upon the request of a local school system, a regional 
 32-32    educational service agency may provide to the system 
 32-33    information on developing an alternative education program 
 32-34    that takes into consideration the system's size, wealth, 
 32-35    and existing facilities in determining the program best 
 32-36    suited to the system. 
 
 32-37    (k) If a student placed in an alternative education 
 32-38    program enrolls in another local school system before the 
 32-39    expiration of the period of placement, the local board of 
 32-40    education requiring the placement shall provide to the 
 32-41    local school system in which the student enrolls, at the 
 32-42    same time other records of the student are provided, a 
 32-43    copy of the placement order.  The local school system in 
 
 
                                 -32- 
 
 
 
 33- 1    which the student enrolls may continue the alternative 
 33- 2    education program placement under the terms of the order 
 33- 3    or may allow the student to attend regular classes without 
 33- 4    completing the period of placement. 
 
 33- 5    (l) The State Board of Education shall adopt rules 
 33- 6    necessary to administer the provisions of this Code 
 33- 7    section.  Academically, the mission of alternative 
 33- 8    education programs shall be to enable students to perform 
 33- 9    at grade level.  Annually, the Office of Education 
 33-10    Accountability shall define for alternative education 
 33-11    programs acceptable performance and performance indicating 
 33-12    a need for peer review, based principally on standards 
 33-13    defined by the Office of Education Accountability that 
 33-14    measure the academic progress of students toward 
 33-15    performing at grade level while attending an alternative 
 33-16    education program." 
 
 33-17                          SECTION 18. 
 
 33-18  Said chapter is further amended by striking in its entirety 
 33-19  Code Section 20-2-155, relating to the school climate 
 33-20  management program, model codes of behavior and discipline, 
 33-21  and the in-school suspension program under the "Quality 
 33-22  Basic Education Act," and inserting in lieu thereof a new 
 33-23  Code Section 20-2-155 to read as follows: 
 
 33-24    "20-2-155. 
 
 33-25    (a) The State Board of Education shall establish a 
 33-26    state-wide school climate management program to help local 
 33-27    schools and systems requesting assistance in developing 
 33-28    school climate improvement and management processes.  Such 
 33-29    projects will be designed to optimize local resources 
 33-30    through voluntary community, student, teacher, 
 33-31    administrator, and other school personnel participation. 
 33-32    These processes will be designed for, but will not be 
 33-33    limited to, promoting positive gains in student 
 33-34    achievement scores, student and teacher morale, community 
 33-35    support, and student and teacher attendance, while 
 33-36    decreasing student suspensions, expulsions, dropouts, and 
 33-37    other negative aspects of the total school environment. 
 33-38    The state board upon request of a local school system is 
 33-39    authorized to provide the necessary on-site technical 
 33-40    assistance to local schools and systems and to offer other 
 33-41    assistance through regional and state-wide conferences and 
 33-42    workshops, printed material, and such other assistance as 
 33-43    may be deemed appropriate under this subsection Code 
 
 
 
                                 -33- 
 
 
 
 34- 1    section.  The state board shall, upon request of a local 
 34- 2    school system, produce model codes of behavior and 
 34- 3    discipline and shall produce guidelines for application 
 34- 4    and administration of such codes. The results of this 
 34- 5    program shall be annually presented to the General 
 34- 6    Assembly for review in determining future appropriations 
 34- 7    for state-level technical assistance necessary to perform 
 34- 8    the duties assigned to the state board under this Code 
 34- 9    section.  
 
 34-10    (b) The State Board of Education is authorized to create 
 34-11    an in-school suspension program.  As the vast majority of 
 34-12    the students who disrupt public school classrooms are also 
 34-13    experiencing problems in mastering classroom assignments 
 34-14    and are below expectation in their academic achievement, 
 34-15    it is the policy of this state that it is preferable to 
 34-16    reassign disruptive students to isolated, individually 
 34-17    oriented in-school suspension programs rather than to 
 34-18    suspend or expel such students from school.  Therefore, 
 34-19    the primary purposes of the in-school suspension program 
 34-20    are to isolate the offending students from the regularly 
 34-21    assigned classrooms and activities of the school, to 
 34-22    continue progress relative to classroom assignments, and 
 34-23    to provide individually oriented instruction in essential 
 34-24    skills and knowledge areas for which low achievement 
 34-25    levels are contributing to the students' adjustment 
 34-26    problems.  The in-school suspension programs may be housed 
 34-27    in the regularly assigned schools, special schools 
 34-28    specifically organized for such programs, or alternative 
 34-29    schools, provided the suspended students are isolated from 
 34-30    typical school activities until they demonstrate 
 34-31    sufficient adjustment to warrant their returning to their 
 34-32    previously assigned classes. The state board shall adopt 
 34-33    regulations, standards, and eligibility criteria necessary 
 34-34    to guide the effective operation of state supported 
 34-35    in-school suspension programs.  For the first year of 
 34-36    implementation of this program state wide, the state board 
 34-37    shall request an amount for grants to local school systems 
 34-38    based upon documentation of the number of eligible 
 34-39    students estimated to be served; provided, however, that 
 34-40    funds appropriated for this program in the initial year of 
 34-41    operation shall be allocated only on the basis of the 
 34-42    documented actual number of students being served during 
 34-43    the initial year.  For the second year of operation and 
 34-44    thereafter, the amount of funds appropriated and allocated 
 
 
 
 
                                 -34- 
 
 
 
 35- 1    for this program shall be based on the actual count of 
 35- 2    students served during the preceding year." 
 
 35- 3                          SECTION 19. 
 
 35- 4  Said chapter is further amended by striking in its entirety 
 35- 5  Code Section 20-2-156, relating to the program for 
 35- 6  limited-English-proficient students under the "Quality Basic 
 35- 7  Education Act," and inserting in lieu thereof a new Code 
 35- 8  Section 20-2-156 to read as follows: 
 
 35- 9    "20-2-156. 
 
 35-10    The State Board of Education shall create a program for 
 35-11    limited-English-proficient students whose native language 
 35-12    is not English, subject to appropriation by the General 
 35-13    Assembly.  The purpose of this program is to assist such 
 35-14    students to develop proficiency in the English language, 
 35-15    including listening, speaking, reading, and writing, 
 35-16    sufficient to perform effectively at the currently 
 35-17    assigned grade level. For the first year of implementation 
 35-18    of this program state wide, the state board shall request 
 35-19    an amount for grants to local school systems based upon 
 35-20    documentation of the number of eligible students estimated 
 35-21    to be served; provided, however, that funds appropriated 
 35-22    for this program in the initial year of operation shall be 
 35-23    allocated only on the basis of the documented actual 
 35-24    number of students being served during the initial year. 
 35-25    For the second year of operation and thereafter, the 
 35-26    amount of funds appropriated and allocated for this 
 35-27    program shall be based on the actual count of students 
 35-28    served during the preceding year.  The state board shall 
 35-29    prescribe such rules and regulations regarding eligibility 
 35-30    criteria and standards as may be needed to carry out the 
 35-31    provisions of this Code section. This program may also be 
 35-32    referred to as the English for speakers of other languages 
 35-33    (ESOL) program." 
 
 35-34                          SECTION 20. 
 
 35-35  Said chapter is further amended by striking in their 
 35-36  entirety subsections (e) and (f) of Code Section 20-2-160, 
 35-37  relating to the determination of enrollment by institutional 
 35-38  program and the determination of funds to be appropriated 
 35-39  under the "Quality Basic Education Act," and inserting in 
 35-40  lieu thereof new subsections (e) and (f) to read as follows: 
 
 35-41    "(e) After such time as the student information portion of 
 35-42    the state-wide comprehensive educational information 
 
 
 
                                 -35- 
 
 
 
 36- 1    network has been implemented pursuant to Code Section 
 36- 2    20-2-320, and after such time as the second full-time 
 36- 3    equivalent count for the current fiscal year can be 
 36- 4    completed prior to April 1 of the current year, the 
 36- 5    average, as calculated pursuant to subsection (d) of this 
 36- 6    Code section, of the local school system's two full-time 
 36- 7    equivalent program counts for the current fiscal year 
 36- 8    shall serve as the full-time equivalent count used to 
 36- 9    allot the funds needed to finance each respective program 
 36-10    for the ensuing fiscal year.  In the event that funds 
 36-11    needed for this purpose exceed the amount appropriated for 
 36-12    this purpose, the additional needed funds shall be drawn 
 36-13    from an amount to be appropriated annually by the General 
 36-14    Assembly for this purpose.  Prior to the completion of the 
 36-15    student information component of said information network, 
 36-16    and prior to such time as the second full-time equivalent 
 36-17    count for the current fiscal year can be completed prior 
 36-18    to April 1 of the current year, allotment of funds needed 
 36-19    to finance each respective program for the ensuing fiscal 
 36-20    year shall be based on the average, as calculated pursuant 
 36-21    to subsection (d) of this Code section, of the local 
 36-22    system's first full-time equivalent program count and the 
 36-23    projected second full-time equivalent program count for 
 36-24    the current fiscal year. For purposes of calculating 
 36-25    allotments for the instructional programs identified in 
 36-26    paragraphs (2), (4), (7), and (18) of subsection (b) of 
 36-27    Code Section 20-2-161, for which the full-time equivalent 
 36-28    program counts provided for in subsections (a) through (d) 
 36-29    of this Code section do not exist, the most recent 
 36-30    full-time equivalent program count shall be used until 
 36-31    such time as the full-time equivalent program counts 
 36-32    provided for in subsections (a) through (d) of this Code 
 36-33    section do exist. 
 
 36-34    (f) For any fiscal year beginning July 1, 1996, the 
 36-35    maximum number of full-time equivalent students eligible 
 36-36    for funding in any school system for the high school 
 36-37    nonvocational laboratory program shall be equal to no more 
 36-38    than 30 percent of the sum of those students counted in 
 36-39    the programs specified in paragraphs (5), (6), and (7) of 
 36-40    subsection (b) of Code Section 20-2-161. Full-time 
 36-41    equivalent students in excess of this 30 percent number 
 36-42    shall be counted in the high school general education 
 36-43    program. The allotments for the alternative education 
 36-44    program shall be calculated as provided in subsection (h) 
 36-45    of Code Section 20-2-154.1." 
 
 
 
                                 -36- 
 
 
 
 37- 1                          SECTION 21. 
 
 37- 2  Said chapter is further amended by striking subsections (b), 
 37- 3  (e), and (f) of Code Section 20-2-161, relating to the 
 37- 4  Quality Basic Education Formula, and inserting in lieu 
 37- 5  thereof new subsections (b), (e), and (f) to read as 
 37- 6  follows: 
 
 37- 7    "(b) As the cost of instructional programs varies 
 37- 8    depending upon the teacher-student ratios and specific 
 37- 9    services typically required to address the special needs 
 37-10    of students enrolled, state authorized instructional 
 37-11    programs shall have the following program weights and 
 37-12    teacher-student ratios: 
 
 37-13      (1) Kindergarten program.................. 1.3210 1.3405 
 
 
 
 
 37-14      (2) Kindergarten early intervention 
 37-15      program.......................................... 1.7082 
 
 
 
 
 37-16      (2)(3) Primary grades program     (1-3)... 1.2424 1.2689 
 
 
 
 
 37-17      (4) Primary grades early intervention 
 37-18      program (1-3).................................... 1.7556 
 
 
 
 
 37-19      (3)(5) Upper elementary grades program 
 37-20      (4-5)..................................... 1.0067 1.0289 
 
 
 
 
 37-21      (4)(6) Middle grades program     (6-8).... 1.0122 1.0218 
 
 
 
 
 37-22      (7) Middle school program (6-8) as defined in 
 37-23      Code Section 20-2-290 ........................... 1.1196 
 
 
 
                                 -37- 
 
 
 
 
 
 
 
 38- 1      (5)(8) High school general education 
 38- 2      program (9-12)................................... 1.0000 
 
 
 
 
 38- 3      (6) High school nonvocational laboratory 
 38- 4      program (9-12)................................... 1.1604 
 
 38- 5      (7)(9) Vocational laboratory program 
 38- 6      (9-12).................................... 1.2719 1.2052 
 
 
 
 
 38- 7      (8)(10) Program for persons with disabilities: 
 38- 8      Category I................................ 2.3561 2.3272 
 
 
 
 
 38- 9      (9)(11) Program for persons with disabilities: 
 38-10      Category II............................... 2.7406 2.7111 
 
 
 
 
 38-11      (10)(12) Program for persons with disabilities: 
 38-12      Category III.............................. 3.4857 3.4485 
 
 
 
 
 38-13      (11)(13) Program for persons with disabilities: 
 38-14      Category IV............................... 5.6338 5.5742 
 
 
 
 
 38-15      (12)(14) Program for persons with disabilities: 
 38-16      Category V................................ 2.4473 2.4136 
 
 
 
 
 
 
 
                                 -38- 
 
 
 
 39- 1      (13)(15) Program for intellectually     gifted 
 39- 2      students: Category VI..................... 1.6453 1.6255 
 
 
 
 
 39- 3      (14)(16) Remedial education     program... 1.2918 1.2864 
 
 
 
 
 39- 4      (17) Alternative education program............... 1.5613 
 
 
 
 
 39- 5      (18) English for speakers of other languages 
 39- 6      (ESOL) program................................... 2.4317 
 
 
 
 
 39- 7    "(e) The State Board of Education shall annually calculate 
 39- 8    for each instructional program provided for in subsection 
 39- 9    (b) of this Code section for each local school system the 
 39-10    amount of additional funds needed beyond the amounts 
 39-11    reflected in the base amount and the program weights, in 
 39-12    order to pay the state minimum salaries pursuant to Code 
 39-13    Section 20-2-212.  The calculation of such additional 
 39-14    amount shall be based on all certificated professional 
 39-15    personnel who were employed by the local school system as 
 39-16    of the month of June October for the most recent year that 
 39-17    these data are available; provided, however, that the 
 39-18    amount needed for training and experience for personnel 
 39-19    funded through categorical grants shall only be included 
 39-20    in the appropriate categorical grant. The amount shall be 
 39-21    reported for each program identified in subsection (b) of 
 39-22    this Code section for each full-time equivalent program 
 39-23    count date and by segment of the school day and for each 
 39-24    categorical program. Such additional amount shall be known 
 39-25    as 'program adjustment amount for training and experience' 
 39-26    and this amount shall be noted in total in the language 
 39-27    section of the General Appropriations Act each year. 
 
 39-28    (f) As the relative costs of the various program 
 39-29    components will change over time and as some components 
 39-30    will need to be added or removed, the Governor is 
 39-31    authorized to shall appoint a task force every three years 
 
 
 
                                 -39- 
 
 
 
 40- 1    for the purposes of reviewing the effectiveness of 
 40- 2    existing program weights and recommending to the General 
 40- 3    Assembly any changes needed.  This task force shall be 
 40- 4    comprised of members or staff of the General Assembly, the 
 40- 5    State Board of Education, the Governor's office, and 
 40- 6    representatives of local school systems." 
 
 40- 7                          SECTION 22. 
 
 40- 8  Said chapter is further amended by striking in its entirety 
 40- 9  Code Section 20-2-162, relating to the annual recalculation 
 40-10  of the amount of funding and the midterm adjustment under 
 40-11  the "Quality Basic Education Act," and inserting in lieu 
 40-12  thereof a new Code Section 20-2-162 to read as follows: 
 
 40-13    "20-2-162. 
 
 40-14    (a) The State Board of Education shall annually 
 40-15    recalculate the total amount needed under the Quality 
 40-16    Basic Education Formula for the midterm adjustment for the 
 40-17    current fiscal year using the average of the first and the 
 40-18    projected second full-time equivalent counts for the 
 40-19    current fiscal year, with the first full-time equivalent 
 40-20    count weighted two parts and the projected second 
 40-21    full-time equivalent count weighted one part; provided, 
 40-22    however, that after such time as the student information 
 40-23    portion of the state-wide comprehensive educational 
 40-24    information network has been implemented pursuant to Code 
 40-25    Section 20-2-320, and after such time as the second 
 40-26    full-time equivalent count for the current fiscal year can 
 40-27    be completed prior to April 1 of the current year, then if 
 40-28    the second full-time equivalent count for the current 
 40-29    fiscal year is lower than the projected second count, the 
 40-30    midterm adjustment shall be calculated using the average 
 40-31    of the two actual full-time equivalent counts for the 
 40-32    current fiscal year, with the first full-time equivalent 
 40-33    count weighted two parts and the second full-time 
 40-34    equivalent count weighted one part.  If the total amount 
 40-35    needed by each local school system when recalculated is 
 40-36    greater than the initial amount calculated, then the state 
 40-37    board shall increase the total allotment for said system 
 40-38    by the difference between the recalculation and the 
 40-39    initial calculation.  All funds allocated as the result of 
 40-40    this recalculation to a local school system for direct 
 40-41    instructional costs as defined in paragraph (1) of 
 40-42    subsection (a) of Code Section 20-2-167 shall be applied 
 40-43    to the direct instructional costs of any or all of the 
 40-44    instructional programs specified in Code Section 20-2-161 
 
 
                                 -40- 
 
 
 
 41- 1    which had full-time equivalent counts pursuant to this 
 41- 2    Code section that are higher than the full-time equivalent 
 41- 3    counts upon which the initial allocations were based. The 
 41- 4    balance of the funds allocated to a local school system as 
 41- 5    the result of this recalculation must be applied to items 
 41- 6    specified in Code Sections 20-2-182 through 20-2-186 for 
 41- 7    instructional programs specified in subsection (b) of Code 
 41- 8    Section 20-2-161 and shall not be expended for any program 
 41- 9    or service explicitly excluded from the full-time 
 41-10    equivalent count in Code Section 20-2-160.  The total 
 41-11    amount of increased funding required by the midterm 
 41-12    adjustment shall be requested by the state board and shall 
 41-13    demonstrate for each receiving local school system the 
 41-14    average full-time equivalent count used in the initial 
 41-15    calculation compared to the midterm average count for each 
 41-16    program category system wide.  If the recalculation for a 
 41-17    local school system is less than the initial calculation, 
 41-18    the amount of funds initially allotted to the system shall 
 41-19    not be reduced for the current fiscal year.  Local school 
 41-20    systems which fail to provide the state board with 
 41-21    complete full-time equivalent student counts by 
 41-22    instructional program in the manner and by dates 
 41-23    prescribed by the state board shall not be eligible for 
 41-24    recalculation of their current year allotment. 
 
 41-25    (b) A midterm adjustment in a local school system's local 
 41-26    fair five mill share shall be made if: 
 
 41-27      (1) The most recent actual property tax digest for 
 41-28      educational maintenance and operation of a local school 
 41-29      system, as approved by the Department of Revenue, is 
 41-30      less than the actual property tax digest for educational 
 41-31      maintenance and operation approved by the Department of 
 41-32      Revenue for the year used initially to calculate the 
 41-33      system's local fair five mill share pursuant to Code 
 41-34      Section 20-2-164, and such reduction is due to more 
 41-35      accurate assessments or actual loss in tangible property 
 41-36      or a combination of these factors as determined by the 
 41-37      Department of Revenue; and 
 
 41-38      (2) The most recent equalized adjusted school property 
 41-39      tax digest for the local school system is less than the 
 41-40      equalized adjusted school property tax digest for the 
 41-41      year used initially to calculate the system's local fair 
 41-42      five mill share. 
 
 41-43    Such a midterm adjustment shall be made by reducing the 
 41-44    initial local fair five mill share by the percentage 
 
 
                                 -41- 
 
 
 
 42- 1    decrease over the most recent two years in the actual 
 42- 2    property tax digest for educational maintenance and 
 42- 3    operation.  The gross value of property prior to deduction 
 42- 4    of any exemptions shall be used throughout the 
 42- 5    calculations under this subsection.  The provisions of 
 42- 6    this subsection shall apply only to the midterm adjustment 
 42- 7    of local fair five mill share as provided in this Code 
 42- 8    section.  
 
 42- 9    (c) A midterm adjustment shall be made for any local 
 42-10    school system which qualifies for the middle school grant 
 42-11    and is in the first year of operation of a middle school 
 42-12    program which satisfies all criteria set forth in Code 
 42-13    Section 20-2-290 as well as any additional criteria 
 42-14    established through policy of the State Board of 
 42-15    Education.  The amount of such midterm adjustment shall be 
 42-16    calculated in the same manner as is specified in Code 
 42-17    Section 20-2-290 for school systems which have qualified 
 42-18    for the middle school grant by operating middle school 
 42-19    programs for one or more prior years.  To be eligible to 
 42-20    receive this midterm adjustment, a local school system 
 42-21    must also meet the following requirements:  
 
 42-22      (1) The local school system must submit an application 
 42-23      to the State Board of Education during the fiscal year 
 42-24      prior to the year of implementation of the qualifying 
 42-25      program, adhering to application procedures and 
 42-26      deadlines established by the state board; and  
 
 42-27      (2) The Department of Education must verify that the 
 42-28      middle school program meets all established criteria 
 42-29      through site visits to each school for which application 
 42-30      has been made to be conducted no later than December 1 
 42-31      of the school year in which the middle school program is 
 42-32      implemented." 
 
 42-33                          SECTION 23. 
 
 42-34  Said chapter is further amended by striking subsections (a), 
 42-35  (b), and (h) of Code Section 20-2-164, relating to local 
 42-36  fair share funds under the "Quality Basic Education Act," 
 42-37  and inserting in lieu thereof new subsections (a), (b), and 
 42-38  (h) to read as follows: 
 
 42-39    "(a) The State Board of Education shall calculate the 
 42-40    amount of local fair five mill share funds that each local 
 42-41    school system shall be required to spend each fiscal year 
 42-42    to support participate in the Quality Basic Education 
 42-43    Program as follows: 
 
 
                                 -42- 
 
 
 
 43- 1      (1) Unless the combined fair local five mill share total 
 43- 2      for all local school systems in the state, when 
 43- 3      calculated pursuant to this paragraph, exceeds 20 
 43- 4      percent of the sum of the Quality Basic Education 
 43- 5      Formula amounts, as calculated pursuant to subsection 
 43- 6      (d) of Code Section 20-2-161, the amount of each local 
 43- 7      school system's local fair five mill share shall be 
 43- 8      calculated as follows: 
 
 43- 9        (A) Determine the most recent equalized adjusted 
 43-10        school property tax digest for the local school system 
 43-11        less the amount attributable to timber calculated 
 43-12        pursuant to paragraph (1.1) of subsection (a) of Code 
 43-13        Section 48-5-274, multiply the difference by .4, and 
 43-14        add to that product the amount attributable to timber 
 43-15        calculated pursuant to paragraph (1.1) of subsection 
 43-16        (a) of Code Section 48-5-274; 
 
 43-17        (B) From the amount calculated in subparagraph (A) of 
 43-18        this paragraph deduct the total amount calculated 
 43-19        pursuant to subsection (g) of this Code section; and 
 
 43-20        (C) Multiply the remainder calculated in subparagraph 
 43-21        (B) of this paragraph by .005; or 
 
 43-22      (2) If the combined fair local five mill share total for 
 43-23      all local school systems in this state, when calculated 
 43-24      pursuant to paragraph (1) of this subsection, exceeds 20 
 43-25      percent of the sum of the Quality Basic Education 
 43-26      Formula amounts, as calculated pursuant to subsection 
 43-27      (d) of Code Section 20-2-161, then the amount of each 
 43-28      local system's fair share shall be calculated as 
 43-29      follows: 
 
 43-30        (A) Multiply the total amount of Quality Basic 
 43-31        Education Formula amounts to be expended for all local 
 43-32        school systems combined, as calculated for each local 
 43-33        school system pursuant to Code Section 20-2-161, by 
 43-34        .2; 
 
 43-35        (B) Divide the product calculated in subparagraph (A) 
 43-36        of this paragraph by the sum of the local fair five 
 43-37        mill share amounts for all local school systems in 
 43-38        this state as calculated for each local school system 
 43-39        pursuant to subparagraph (C) of paragraph (1) of this 
 43-40        subsection; 
 
 43-41        (C) Multiply the amount calculated in subparagraph (B) 
 43-42        of this paragraph by .005; and 
 
 
 
                                 -43- 
 
 
 
 44- 1        (D) Multiply the product calculated in subparagraph 
 44- 2        (C) of this paragraph by the remainder calculated in 
 44- 3        subparagraph (B) of paragraph (1) of this subsection. 
 
 44- 4      (b)(1) Each local school system shall apply the total 
 44- 5      amount of its local fair five mill share funds to any 
 44- 6      combination of programs funded under this article and in 
 44- 7      the manner so earned as indicated on the allotment 
 44- 8      sheets as provided by the State Board of Education; 
 44- 9      provided, however, that no portion of the local fair 
 44-10      five mill share funds is applied to the financing of 
 44-11      educational programs and services operated at the option 
 44-12      of the local school system or for any grant program 
 44-13      which explicitly excludes the application of local funds 
 44-14      or which explicitly requires an application of local 
 44-15      funds other than from the local fair five mill share. 
 
 44-16      (2) The local school system may apply revenues toward 
 44-17      the local fair five mill share from any source except: 
 44-18      funds derived from the federal government which were not 
 44-19      designed to replace local tax revenues; state funds; 
 44-20      student tuition and fees; funds transferred from another 
 44-21      local unit of administration; and other sources 
 44-22      specifically prohibited by provisions of this article; 
 44-23      provided, however, that an independent school system may 
 44-24      apply appropriations from the taxing authority of its 
 44-25      municipal government." 
 
 44-26    "(h) In the event a local school system fails to provide 
 44-27    for or to use the amount of local funds required to be 
 44-28    raised and applied by the local school system toward the 
 44-29    support of in order to participate in the Quality Basic 
 44-30    Education Program as defined by this article during any 
 44-31    fiscal year, the State Board of Education shall calculate 
 44-32    the total amount of such funds and add that amount to the 
 44-33    local fair five mill share being required of the local 
 44-34    school system for an ensuing fiscal year. Further, should 
 44-35    the state auditor cite an audit exception which requires 
 44-36    that a local school system return an amount of funds to 
 44-37    the state general fund, the state board shall add said 
 44-38    amount to the local fair five mill share of the local 
 44-39    school system for an ensuing fiscal year if the state 
 44-40    board has not been provided documentation that the amount 
 44-41    has already been paid to the state general fund. Such 
 44-42    additions will thereby reduce the amount of state funds 
 44-43    which shall be allotted to such local school systems.  If 
 44-44    a local school system does not fulfill its obligation 
 
 
 
                                 -44- 
 
 
 
 45- 1    relative to its assessed local fair share to provide a 
 45- 2    local five mill share or to comply with any other 
 45- 3    provisions of this article for any fiscal year, the state 
 45- 4    board may withhold any portion or all of the state funds 
 45- 5    to be allotted during the current or an ensuing fiscal 
 45- 6    year." 
 
 45- 7                          SECTION 24. 
 
 45- 8  Said chapter is further amended by striking in its entirety 
 45- 9  Code Section 20-2-165, relating to calculation and 
 45-10  allocation of equalization grants under the "Quality Basic 
 45-11  Education Act," and inserting in lieu thereof a new Code 
 45-12  Section 20-2-165 to read as follows: 
 
 45-13    "20-2-165. 
 
 45-14    (a) As used in this Code section, the term: 
 
 45-15      (1) 'Assessed valuation' is defined as 40 percent of the 
 45-16      equalized adjusted school property tax digest reduced by 
 45-17      the amount calculated pursuant to subsection (g) of Code 
 45-18      Section 20-2-164. 
 
 45-19      (2) 'Assessed valuation per weighted full-time 
 45-20      equivalent' is defined as the assessed valuation for the 
 45-21      most recent year available divided by the weighted 
 45-22      full-time equivalent for the year of the digest. 
 
 45-23      (3) 'Average weighted full-time equivalent count' is 
 45-24      defined as the first count of a fiscal year weighted two 
 45-25      parts and the second count weighted one part. 
 
 45-26      (4) 'Effective millage rate' is defined as local tax 
 45-27      revenues divided by the assessed valuation and 
 45-28      multiplied by 1,000. 
 
 45-29      (5) 'Eligible full-time equivalent program count' is 
 45-30      defined as the sum of the full-time equivalent resident 
 45-31      student count and full-time equivalent nonresident 
 45-32      student count pursuant to subsection (b) of Code Section 
 45-33      20-2-160 for each program specified pursuant to 
 45-34      subsection (b) of Code Section 20-2-161; provided, 
 45-35      however, that each local school system's total full-time 
 45-36      equivalent nonresident student count for all programs 
 45-37      except handicapped programs shall not exceed the lesser 
 45-38      of the count for fiscal year 1986 2000 or the count for 
 45-39      any ensuing fiscal year, unless the local school system 
 45-40      serves under contract all of the students in one or more 
 45-41      grade levels from an adjoining system or unless the 
 
 
 
                                 -45- 
 
 
 
 46- 1      system serves students from an adjoining system under 
 46- 2      court order. 
 
 46- 3      (6) 'Equalized adjusted school property tax digest' is 
 46- 4      defined as the most recent equalized adjusted school 
 46- 5      property tax digest furnished to the State Board of 
 46- 6      Education pursuant to paragraph (1) of subsection (c) of 
 46- 7      Code Section 20-2-164. 
 
 46- 8      (7) 'Guaranteed valuation school system' is defined as 
 46- 9      the local school system ranking at the ninetieth 
 46-10      seventy-fifth percentile in dollars of assessed 
 46-11      valuation per weighted full-time equivalent, where the 
 46-12      ranking of school systems is such that the one-hundredth 
 46-13      percentile school system is that with the highest amount 
 46-14      in dollars of assessed valuation per weighted full-time 
 46-15      equivalent.  For the purpose of determining the assessed 
 46-16      valuation per weighted full-time equivalent of the 
 46-17      guaranteed valuation school system only, a reduction of 
 46-18      the assessed valuation for exemptions authorized by Code 
 46-19      Sections 48-5-44 and 48-5-48 shall be calculated whether 
 46-20      such exemptions are granted or not granted by the 
 46-21      guaranteed valuation school system. 
 
 46-22      (8) 'Local tax revenues' is defined as the sum of tax 
 46-23      revenues for a local school system as furnished to the 
 46-24      state board by the Department of Revenue pursuant to 
 46-25      subsection (e) of Code Section 20-2-164, reduced by the 
 46-26      total amount of general funds expended for capital 
 46-27      outlay or transferred into an escrow account for capital 
 46-28      outlay purposes for the most recent fiscal year such 
 46-29      data are available and increased by any federal funds 
 46-30      designed to replace local tax revenues provided to the 
 46-31      said system; provided, however, that the local school 
 46-32      system has furnished the state board with acceptable 
 46-33      documentation which clearly identifies the source or 
 46-34      sources of such federal funds. 
 
 46-35      (9) 'Most recent average weighted full-time equivalent 
 46-36      count' is defined as the average of the two most recent 
 46-37      weighted full-time equivalent counts. 
 
 46-38      (10) 'Qualified local school system' is defined as any 
 46-39      local school system having an assessed valuation per 
 46-40      weighted full-time equivalent count for the year of the 
 46-41      digest ranking below the guaranteed valuation school 
 46-42      system and having an effective millage rate greater than 
 46-43      the millage rate applied to calculate the local fair 
 
 
 
                                 -46- 
 
 
 
 47- 1      five mill share pursuant to subsection (a) of Code 
 47- 2      Section 20-2-164. 
 
 47- 3      (11) 'Weighted full-time equivalent count' is defined as 
 47- 4      the sum of all eligible full-time equivalent program 
 47- 5      counts multiplied by their respective program weights in 
 47- 6      effect during the fiscal year that the full-time 
 47- 7      equivalent counts were obtained pursuant to Code Section 
 47- 8      20-2-161. 
 
 47- 9      (12) 'Weighted full-time equivalent for the year of the 
 47-10      digest' is defined as the average of the two weighted 
 47-11      full-time equivalent counts taken during that fiscal 
 47-12      year beginning during the year of the digest. 
 
 47-13    (b) The State Board of Education shall annually calculate 
 47-14    the equalization grant for each qualified local school 
 47-15    system in the following manner: 
 
 47-16      (1) Subtract the assessed valuation per weighted 
 47-17      full-time equivalent for the local school system from 
 47-18      the assessed valuation per weighted full-time equivalent 
 47-19      for the guaranteed valuation school system; 
 
 47-20      (2) Divide the difference resulting from paragraph (1) 
 47-21      of this subsection by 1,000; 
 
 47-22      (3) Subtract five from the effective millage rate for 
 47-23      the local school system and use the resulting number of 
 47-24      effective mills or 3.25 15 effective mills, whichever is 
 47-25      less, as the number of effective mills to be equalized; 
 
 47-26      (4) Multiply the quotient resulting from paragraph (2) 
 47-27      of this subsection by the number of effective mills to 
 47-28      be equalized pursuant to paragraph (3) of this 
 47-29      subsection; 
 
 47-30      (5) Multiply the product resulting from paragraph (4) of 
 47-31      this subsection by the most recent average weighted 
 47-32      full-time equivalent count for the local school system; 
 47-33      and 
 
 47-34      (6) The resulting amount, calculation amount A, shall be 
 47-35      the equalization grant for the ensuing fiscal year; 
 47-36      provided, however, that for fiscal year 2001 the amount 
 47-37      shall be adjusted by calculating a second amount, 
 47-38      calculation amount B, under subsection (b) of this Code 
 47-39      section by replacing the seventy-fifth percentile school 
 47-40      system with the ninetieth percentile school system for 
 47-41      the guaranteed valuation school system and subtracting 
 
 
 
                                 -47- 
 
 
 
 48- 1      five from the effective mills and using the resulting 
 48- 2      number of effective mills or 3.25 effective mills, 
 48- 3      whichever is less, as the number of effective mills to 
 48- 4      be equalized, and subtracting the resulting amount from 
 48- 5      calculation amount A and multiplying the resulting 
 48- 6      amount by .25 and adding that amount to calculation 
 48- 7      amount B; provided, further, that for each local school 
 48- 8      system which serves under contract all of the students 
 48- 9      in one or more grade levels from an adjoining system and 
 48-10      for each local school system which sends under contract 
 48-11      all of the students in one or more grade levels to an 
 48-12      adjoining system, the equalization grant shall be 
 48-13      recalculated to represent the amount that would be 
 48-14      earned if the students transferred under said contract 
 48-15      were included in the full-time equivalent counts of the 
 48-16      local school system in which they reside; provided, 
 48-17      further, that any recalculated equalization grant to be 
 48-18      earned by a local school system sending students to 
 48-19      another system under the provisions of such a contract 
 48-20      shall be reduced by an amount which represents the 
 48-21      equalization funds earned per weighted full-time 
 48-22      equivalent student multiplied by the total weighted 
 48-23      full-time equivalent count for students transferred, and 
 48-24      any recalculated equalization grant to be earned by the 
 48-25      local school system receiving students under said 
 48-26      contract shall be increased by the same amount. The 
 48-27      amounts so recalculated shall be the equalization grants 
 48-28      for such local school systems.  The recalculations shall 
 48-29      occur after the assessed valuation per weighted 
 48-30      full-time equivalent of the guaranteed valuation school 
 48-31      system has been calculated and shall not affect the 
 48-32      calculation of the assessed valuation per weighted 
 48-33      full-time equivalent of the guaranteed valuation school 
 48-34      system. 
 
 48-35    (c) The State Board of Education shall allocate 
 48-36    respectively the amount calculated under subsection (b) of 
 48-37    this Code section to each qualified local school system. 
 48-38    For the first effective year of the merger of any two or 
 48-39    more local school systems, the equalization grant shall be 
 48-40    the addition of amounts which would have been separately 
 48-41    earned by the systems participating in the merger or the 
 48-42    amount which would have been earned if the systems had 
 48-43    already been merged during the year of the applicable 
 48-44    digest, whichever is greater.  No portion of local fair 
 48-45    five mill share shall be applied to such equalization 
 
 
 
                                 -48- 
 
 
 
 49- 1    grants.  In the event sufficient funds are not 
 49- 2    appropriated in a fiscal year to the state board to allot 
 49- 3    the full amount of equalization grants calculated to be 
 49- 4    payable to qualified local school systems as provided in 
 49- 5    this Code section, the state board shall proportionately 
 49- 6    reduce the amount of funds to be allocated to qualified 
 49- 7    local school systems. 
 
 49- 8    (d) The amount of funds appropriated each year under this 
 49- 9    Code section, for a period not to exceed five years 
 49-10    beginning with fiscal year 2002, may be adjusted to allow 
 49-11    local school systems that are losing funds due to a change 
 49-12    from the ninetieth percentile guaranteed valuation school 
 49-13    system to the seventy-fifth percentile guaranteed 
 49-14    valuation school system sufficient time to adjust their 
 49-15    local programs. 
 
 49-16      (e)(1) Beginning with Fiscal Year 2002, a midterm 
 49-17      adjustment in a local school system's equalization grant 
 49-18      shall be made if: 
 
 49-19        (A) The school system ranks at or below the 
 49-20        seventy-fifth percentile in dollars of assessed 
 49-21        valuation per weighted full-time equivalent student, 
 49-22        where the ranking of school systems is such that the 
 49-23        one-hundredth percentile school system is that with 
 49-24        the highest amount in dollars of assessed valuation 
 49-25        per weighted full-time equivalent student; and 
 
 49-26        (B) The school system increases the actual millage 
 49-27        levied against its digest. 
 
 49-28      (2) If made, the midterm adjustment to the equalization 
 49-29      grant shall be calculated as follows: 
 
 49-30        (A) Calculate the percentage change in the actual 
 49-31        millage rate for a school system by subtracting the 
 49-32        actual millage rate for the prior year from the actual 
 49-33        millage rate for the current year and dividing by the 
 49-34        actual millage rate for the prior year; 
 
 49-35        (B) If the result from subparagraph (A) of this 
 49-36        paragraph is a positive number, multiply the number of 
 49-37        effective mills calculated as part of the original 
 49-38        equalization grant calculation for a given year by the 
 49-39        percentage increase calculated in subparagraph (A) of 
 49-40        this paragraph.  Add the product of this calculation 
 49-41        to the effective number of mills from the original 
 
 
 
 
                                 -49- 
 
 
 
 50- 1        equalization grant calculation as described in 
 50- 2        subsections (a) through (d) of this Code section; 
 
 50- 3        (C) Recalculate the equalization grant substituting 
 50- 4        the revised number of effective mills calculated in 
 50- 5        subparagraph (B) of this paragraph; and 
 
 50- 6        (D) Subtract the initial equalization grant amount 
 50- 7        from the amount calculated in subparagraph (C) of this 
 50- 8        paragraph. 
 
 50- 9      The resulting amount shall be the midterm adjustment to 
 50-10      the equalization grant." 
 
 50-11                          SECTION 25. 
 
 50-12  Said chapter is further amended by striking subsections (a) 
 50-13  and (b) of Code Section 20-2-167, relating to funding for 
 50-14  direct instructional, media center, and staff development 
 50-15  costs and the establishment of a computerized uniform budget 
 50-16  and accounting system under the "Quality Basic Education 
 50-17  Act," and inserting in lieu thereof new subsections (a) and 
 50-18  (b) to read as follows: 
 
 50-19      "(a)(1) The State Board of Education shall annually 
 50-20      compute, based upon the initial allotment of funds to 
 50-21      each local school system, the total funds needed for 
 50-22      direct instructional costs for each program identified 
 50-23      in Code Section 20-2-161, specifying the number of 
 50-24      positions earned and salaries and operational costs 
 50-25      portions. 'Direct instructional costs' is defined as 
 50-26      those components of the program weights which are 
 50-27      specified in subsections (a) through (h) (g) of Code 
 50-28      Section 20-2-182. In computing the total funds needed 
 50-29      for direct instructional costs for each program, the 
 50-30      state board shall apply the percentage that these costs 
 50-31      represent of the total costs used in developing the 
 50-32      program weights.  The direct instructional costs for the 
 50-33      four five instructional programs for disabled students 
 50-34      shall be summed into one amount for special education. 
 50-35      For each program, each local school system shall spend a 
 50-36      minimum of 90 percent of the funds designated for direct 
 50-37      instructional costs on the direct instructional costs of 
 50-38      such program, except as modified in this paragraph. 
 50-39      Each local school system shall spend the sum of all 
 50-40      funds designated for operational costs for such 
 50-41      operational costs, summed across all programs.  For each 
 50-42      local school system which is granted an additional 
 50-43      allotment for the midterm adjustment pursuant to Code 
 
 
                                 -50- 
 
 
 
 51- 1      Section 20-2-162, the 90 percent amounts and the sum of 
 51- 2      funds designated for operational costs shall be 
 51- 3      increased by the portion of the midterm adjustment 
 51- 4      allotment which is applied to the direct instructional 
 51- 5      costs of an instructional program.  In the event a local 
 51- 6      school system does not actually enroll the full-time 
 51- 7      equivalent count that was anticipated by its initial 
 51- 8      allocation for one or more programs authorized pursuant 
 51- 9      to Code Section 20-2-161 but does enroll a greater 
 51-10      full-time equivalent count than was anticipated by its 
 51-11      initial allocation for one or more programs authorized 
 51-12      pursuant to Code Section 20-2-161 as reflected in the 
 51-13      midterm calculations, the local school system shall be 
 51-14      authorized to increase the 90 percent amount for the 
 51-15      appropriate portions of the direct instructional costs 
 51-16      of any or all of the instructional programs which 
 51-17      experienced the greater than anticipated full-time 
 51-18      equivalent counts and reduce the 90 percent amount for 
 51-19      the appropriate portions of the direct instructional 
 51-20      costs of the instructional programs which experienced 
 51-21      the lower than anticipated full-time equivalent counts; 
 51-22      provided, however, that the combined amount of such 
 51-23      reductions shall be equal to the combined amount of 
 51-24      increases in the 90 percent amounts for programs with 
 51-25      greater than anticipated full-time equivalent program 
 51-26      counts; provided, further, that the 90 percent amounts 
 51-27      for direct instructional costs for any instructional 
 51-28      program which experienced a lower than anticipated 
 51-29      full-time equivalent count shall not be reduced below 
 51-30      the 90 percent amount reflected in the midterm 
 51-31      calculations.  In the event a local school system does 
 51-32      not actually enroll the full-time equivalent count that 
 51-33      was anticipated by its initial allocation for a program 
 51-34      authorized pursuant to Code Section 20-2-161 and it 
 51-35      elects to return a portion of that allocation for direct 
 51-36      instructional costs to the state, the 90 percent amount 
 51-37      for the appropriate portions of the direct instructional 
 51-38      costs of that program shall be reduced by that returned 
 51-39      amount. Following the midterm adjustment, the state 
 51-40      board shall issue allotment sheets for each local school 
 51-41      system and each school reflecting the total amount of 
 51-42      earnings, initial earnings, and midterm adjustment, if 
 51-43      any, for each program authorized by Code Section 
 51-44      20-2-161.  For each such program, each local school 
 51-45      system shall spend a minimum of 90 percent of funds 
 51-46      designated for direct instructional costs on the direct 
 
 
                                 -51- 
 
 
 
 52- 1      instructional costs of such program at the school site 
 52- 2      in which the funds were earned, except that funds earned 
 52- 3      for special education programs shall be summed for the 
 52- 4      purposes of this expenditure control.  Only the state 
 52- 5      salary amounts resulting from the amount earned on the 
 52- 6      state-wide salary schedule as approved by the State 
 52- 7      Board of Education pursuant to Code Section 20-2-212 
 52- 8      plus associated benefits funded by the state and the 
 52- 9      salaries and any state-earned benefits or comparable 
 52-10      state-earned benefits of technology specialists and 
 52-11      classroom aides may be applied to the salary cost 
 52-12      components for the purpose of meeting this expenditure 
 52-13      control. Except as otherwise provided by law or rule and 
 52-14      regulation of the state board, local school systems may 
 52-15      decide whether direct instructional funds shall be used 
 52-16      for teacher salaries, aide salaries, instructional 
 52-17      material or equipment, or any other appropriate direct 
 52-18      instructional expense; provided, however, that 100 
 52-19      percent of funds earned for direct instructional 
 52-20      salaries shall be expended for salaries of direct 
 52-21      instructional personnel and classroom aides.  The total 
 52-22      number of positions earned for direct instruction as 
 52-23      specified in Code Section 20-2-182, adjusted for maximum 
 52-24      class size, shall be employed for the delivery of 
 52-25      services for which the funds were earned.  This position 
 52-26      control shall be for the kindergarten program, the 
 52-27      kindergarten early intervention program, the primary 
 52-28      grades program, and the primary grades early 
 52-29      intervention program combined and the combined total for 
 52-30      all other programs; provided, however, that positions 
 52-31      earned for art, music, and physical education, 
 52-32      technology specialists, and counselors shall be totaled 
 52-33      for all programs.  Fractional amounts may be combined 
 52-34      and used for any direct instructional position.  Funds 
 52-35      earned for any fractional amounts may be used for any 
 52-36      direct instructional expense.  Quality Basic Education 
 52-37      Formula funds in excess of the amount required by this 
 52-38      paragraph to be expended by a local school system for 
 52-39      the direct instructional costs of an instructional 
 52-40      program specified by Code Section 20-2-161 which are not 
 52-41      expended for the direct instructional costs of that 
 52-42      program may be expended only for the direct 
 52-43      instructional costs of one or more of the other programs 
 52-44      specified by that Code section must be returned to the 
 52-45      state treasury. 
 
 
 
                                 -52- 
 
 
 
 53- 1      (2) The state board shall annually compute, based upon 
 53- 2      the initial allotment of funds to each local school 
 53- 3      system, the total funds needed system wide for media 
 53- 4      center costs, specifying the salaries and materials cost 
 53- 5      portions.  In computing the total funds needed for media 
 53- 6      center costs, the state board shall apply the percentage 
 53- 7      that these costs represent of the total costs used in 
 53- 8      developing program weights.  Each local school system 
 53- 9      shall spend a minimum of 90 percent of the funds 
 53-10      designated for media center salary costs for such 
 53-11      salaries and 90 percent of the funds designated for 
 53-12      media center materials costs for such materials.  For 
 53-13      each local school system which is granted an additional 
 53-14      allotment for the midterm adjustment pursuant to Code 
 53-15      Section 20-2-162, the 90 and 100 percent amounts shall 
 53-16      be increased by the portion of the midterm adjustment 
 53-17      allotment which is applied to the respective portions of 
 53-18      the media center costs.  In the event a local school 
 53-19      system does not actually enroll the full-time equivalent 
 53-20      count that was anticipated by its initial allocation and 
 53-21      it elects to return a portion of its allocation for 
 53-22      media center costs to the state, the 90 or 100 percent 
 53-23      amount for the appropriate portions of the media center 
 53-24      costs shall be reduced by that returned amount.  Quality 
 53-25      Basic Education Formula funds in excess of the 90 
 53-26      percent amount required by this paragraph to be expended 
 53-27      by a local school system for media center salary costs 
 53-28      which are not expended for this purpose may be expended 
 53-29      only for the costs of one or more of the programs 
 53-30      specified by Code Section 20-2-161. Following the 
 53-31      midterm adjustment, the state board shall issue 
 53-32      allotment sheets for each local school system and each 
 53-33      school reflecting the total amount of earnings, initial 
 53-34      earnings, and midterm adjustment, if any, for each 
 53-35      program authorized by Code Section 20-2-161.  Each local 
 53-36      school system shall spend 100 percent of the funds 
 53-37      designated for media center costs for such costs, and a 
 53-38      minimum of 90 percent of such funds shall be spent at 
 53-39      the school site in which such funds were earned. 
 
 53-40      (3) The state board shall annually compute, based upon 
 53-41      the initial allotment of funds to each local school 
 53-42      system, the total funds needed system wide for staff 
 53-43      development costs.  In computing the total funds needed 
 53-44      for these categories, the state board shall apply the 
 53-45      percentage that these costs represent of the total costs 
 
 
 
                                 -53- 
 
 
 
 54- 1      used in developing the program weights.  Each local 
 54- 2      school system shall spend a minimum of 100 percent of 
 54- 3      the total funds designated for staff development and 
 54- 4      professional development programs for certificated and 
 54- 5      classified personnel and local school board members and 
 54- 6      for meeting the certification requirements needed by 
 54- 7      personnel to continue in currently assigned positions. 
 54- 8      Following the midterm adjustment, the state board shall 
 54- 9      issue allotment sheets for each local school system and 
 54-10      each school reflecting the total amount, initial 
 54-11      earnings, and midterm adjustment, if any, of earnings 
 54-12      for each program specified in subsection (b) of Code 
 54-13      Section 20-2-161.  Each local school system shall spend 
 54-14      100 percent of the funds designated for staff and 
 54-15      professional development costs, as allowed by State 
 54-16      Board of Education policy, for such costs. For each 
 54-17      local school system which is granted an additional 
 54-18      allotment for the midterm adjustment pursuant to Code 
 54-19      Section 20-2-162, these amounts shall be increased by 
 54-20      the portion of the midterm adjustment allotment which is 
 54-21      applied to staff development.  In the event a local 
 54-22      school system does not actually enroll the full-time 
 54-23      equivalent count that was anticipated by its initial 
 54-24      allocation and it elects to return a portion of its 
 54-25      allocation for staff development and professional 
 54-26      development costs to the state, the 100 percent amount 
 54-27      for staff development shall be reduced by that returned 
 54-28      amount.  Quality Basic Education Formula funds in excess 
 54-29      of the amount required by this paragraph to be expended 
 54-30      by a local school system for staff development and 
 54-31      professional development of certificated and 
 54-32      instructional personnel which are not expended for this 
 54-33      purpose may be expended only for staff development of 
 54-34      noncertificated personnel employed by the local school 
 54-35      system and the members of the local school board, for 
 54-36      meeting certification requirements of personnel, and for 
 54-37      administration and operation of the staff development 
 54-38      and professional development programs authorized 
 54-39      pursuant to subsection (h) of Code Section 20-2-182. 
 
 54-40      (4) In the event any local school system should fail to 
 54-41      encumber at least 90 percent of the funds specified in 
 54-42      paragraph (1) of this subsection, 90 percent of the 
 54-43      funds specified in paragraph (2) of this subsection for 
 54-44      media center salary costs, 100 percent of the funds 
 54-45      specified in paragraph (2) of this subsection for media 
 
 
 
                                 -54- 
 
 
 
 55- 1      center materials costs, or the funds designated for 
 55- 2      operational costs in paragraph (1) of this subsection, 
 55- 3      the state board shall increase the local fair share for 
 55- 4      an ensuing year by the difference between the actual 
 55- 5      amounts encumbered and the 90 or 100 percent amounts or 
 55- 6      the funds designated for operational costs calculated 
 55- 7      pursuant to this subsection.  All funds earned pursuant 
 55- 8      to this article may be expended only for the operation 
 55- 9      of educational programs and services explicitly 
 55-10      authorized under this article. 
 
 55-11      (5) The budget of each local school system shall reflect 
 55-12      all anticipated revenues from each source.  The budget 
 55-13      of each local school system shall designate all of such 
 55-14      anticipated revenues among the several funds or accounts 
 55-15      of the system and shall not leave any anticipated 
 55-16      revenues undesignated. Except as otherwise provided in 
 55-17      this paragraph, all amounts allocated to each fund or 
 55-18      account and any existing balance in each fund or account 
 55-19      shall be intended for expenditure within the budget year 
 55-20      for the purposes of that fund or account.  There shall 
 55-21      be no fund or account in the nature of a 'surplus' or 
 55-22      'unobligated surplus' fund or account.  Each local 
 55-23      school system may, however, establish a single reserve 
 55-24      fund or reserve account intended to cover unanticipated 
 55-25      deficiencies in revenue or unanticipated expenditures, 
 55-26      provided that the budget for any year shall not allocate 
 55-27      to such reserve fund or reserve account any amounts 
 55-28      which, when combined with the existing balance in such 
 55-29      fund or account, exceed 15 percent of that year's total 
 55-30      budget.  A local school system may also establish one or 
 55-31      more capital accumulation funds or accounts, and amounts 
 55-32      may be allocated to such capital accumulation funds or 
 55-33      accounts for expenditure in future budget years only if 
 55-34      the purpose for which such amounts will be expended and 
 55-35      the anticipated date of expenditure of such amounts are 
 55-36      clearly and specifically identified.  The purpose of 
 55-37      this paragraph is to prohibit local school systems from 
 55-38      accumulating surplus funds through taxation without 
 55-39      accounting to the taxpayers for how such funds will be 
 55-40      expended, and this paragraph shall be liberally 
 55-41      construed to accomplish this purpose. 
 
 55-42      (b)(1) The State Board of Education shall establish a 
 55-43      computerized uniform budget and accounting system as a 
 55-44      component of the state-wide comprehensive educational 
 55-45      information network system established pursuant to Code 
 
 
                                 -55- 
 
 
 
 56- 1      Section 20-2-320 and shall establish uniform regulations 
 56- 2      to be implemented by local units of administration.  The 
 56- 3      computerized uniform budget and accounting system shall 
 56- 4      conform to generally accepted governmental accounting 
 56- 5      principles which shall include, but not be limited to, 
 56- 6      the following costing information: 
 
 56- 7        (A) Instructional program involved; 
 
 56- 8        (B) Whether basic education or enrichment in purpose; 
 
 56- 9        (C) Fund source or sources; and 
 
 56-10        (D) Major program components such as instructional 
 56-11        personnel, instructional operations, facility 
 56-12        maintenance and operation, media center operation, 
 56-13        school administration, system administration, staff 
 56-14        development, or professional development. 
 
 56-15      (2) The state board is authorized to shall prescribe 
 56-16      information that must be submitted to the state board 
 56-17      and the time it must be submitted.  In determining the 
 56-18      information needed and the time for submission, the 
 56-19      state board shall take into consideration the 
 56-20      information and times identified by the Office of 
 56-21      Education Accountability as necessary to the 
 56-22      implementation of the accountability program provided 
 56-23      for in Part 3 of Article 2 of Chapter 14 of this title. 
 56-24      The state board is authorized to establish a financial 
 56-25      review section for the limited purpose of reviewing 
 56-26      financial records and accounting of local governing 
 56-27      boards and assisting local units of administration in 
 56-28      training personnel in financial and budgetary 
 56-29      accounting." 
 
 56-30                          SECTION 26. 
 
 56-31  Said chapter is further amended by striking in its entirety 
 56-32  Code Section 20-2-181, relating to the calculation of 
 56-33  program weights based on base school size under the "Quality 
 56-34  Basic Education Act," and inserting in lieu thereof a new 
 56-35  Code Section 20-2-181 to read as follows: 
 
 56-36    "20-2-181. 
 
 56-37    The calculation of all program weights shall reflect a 
 56-38    base size local school system of 3,300 full-time 
 56-39    equivalent students.  The calculation of program weights 
 56-40    for the kindergarten program, the kindergarten early 
 56-41    intervention program, the primary grades (1-3) 
 
 
 
                                 -56- 
 
 
 
 57- 1    intervention program, the primary grades (1-3) program, 
 57- 2    and the upper elementary grades (4-5) program shall 
 57- 3    reflect a base school size of 450 full-time equivalent 
 57- 4    students.  The calculation of program weights for the 
 57- 5    middle grades (6-8) program, the middle school (6-8) 
 57- 6    program, the special education programs, and the remedial 
 57- 7    education program, and the English for speakers of other 
 57- 8    languages program shall reflect a base school size of 624 
 57- 9    full-time equivalent students.  The calculation of the 
 57-10    program weights for the high school general education 
 57-11    program and the high school nonvocational and vocational 
 57-12    laboratory programs program shall reflect a base school 
 57-13    size of 970 full-time equivalent students.  The 
 57-14    calculation of program weights for the alternative 
 57-15    education program shall reflect a base school size of 100 
 57-16    full-time equivalent students, except that the 
 57-17    calculations for secretaries and media personnel shall 
 57-18    reflect a base school size of 624 full-time equivalent 
 57-19    students." 
 
 57-20                          SECTION 27. 
 
 57-21  Said chapter is further amended by striking in its entirety 
 57-22  Code Section 20-2-182, relating to the calculation of 
 57-23  program weights based on payment of salaries and benefits 
 57-24  under the "Quality Basic Education Act," and inserting in 
 57-25  lieu thereof a new Code Section 20-2-182 to  read as 
 57-26  follows: 
 
 57-27    "20-2-182. 
 
 57-28    (a) The program weights, when multiplied by the base 
 57-29    amount, shall reflect sufficient funds to pay at least the 
 57-30    beginning salaries of all teachers needed to provide 
 57-31    essential classroom instruction in order to ensure a 
 57-32    Quality Basic Education Program for all enrolled students, 
 57-33    subject to appropriation by the General Assembly.  
 
 57-34    (b) The program weights for the kindergarten program, the 
 57-35    primary grades program, and the remedial education 
 57-36    program, when multiplied by the base amount, shall reflect 
 57-37    sufficient funds to provide instructional aides to assist 
 57-38    teachers; provided, however, that pursuant to subsection 
 57-39    (a) of Code Section 20-2-167 funds earned by a local 
 57-40    school system for direct instructional costs of any 
 57-41    program specified in Code Section 20-2-161 may be used to 
 57-42    employ instructional aides.  Further, the program weights 
 57-43    for the upper elementary grades (4-5) program and the 
 
 
 
                                 -57- 
 
 
 
 58- 1    middle grades (6-8) program, when multiplied by the base 
 58- 2    amount, shall reflect the cost of providing teachers with 
 58- 3    clerical assistance for a limited portion of each school 
 58- 4    day, subject to appropriation by the General Assembly. 
 
 58- 5    (c)(b) The program weights for the primary, primary early 
 58- 6    intervention, upper elementary, and middle grades, and 
 58- 7    middle school programs, when multiplied by the base 
 58- 8    amount, shall reflect sufficient funds to pay at least the 
 58- 9    beginning salaries of specialists qualified to teach art, 
 58-10    music, and physical education, subject to appropriation by 
 58-11    the General Assembly. 
 
 58-12    (d)(c) The program weight weights for the kindergarten, 
 58-13    kindergarten early intervention, primary, primary early 
 58-14    intervention, upper elementary, middle grades, middle 
 58-15    school, and alternative education, programs program and 
 58-16    the program weights for the high school programs 
 58-17    authorized pursuant to paragraph (4) of subsection (b) of 
 58-18    Code Section 20-2-151, when multiplied by the base amount, 
 58-19    shall reflect sufficient funds to pay the beginning 
 58-20    salaries for guidance counselors needed to provide 
 58-21    essential guidance services to students and whose duties 
 58-22    and responsibilities shall be established by the state 
 58-23    board to require a minimum of five of the six full-time 
 58-24    equivalent program count segments of the counselor's time 
 58-25    to be spent counseling or advising students or parents. 
 
 58-26    (d) All program weights, when multiplied by the base 
 58-27    amount, shall reflect sufficient funds to pay the 
 58-28    beginning salaries for technology specialists needed to 
 58-29    provide essential technology services. 
 
 58-30    (e) The program weights for the high school programs 
 58-31    authorized pursuant to paragraph (4) of subsection (b) of 
 58-32    Code Section 20-2-151, when multiplied by the base amount, 
 58-33    shall reflect sufficient funds to provide for the 
 58-34    development and supervision of an extended day program 
 58-35    during the regular school year. Further, said program 
 58-36    weights, when multiplied by the base amount, shall reflect 
 58-37    sufficient funds to provide teachers with a preparation 
 58-38    period free of assigned students. 
 
 58-39    (f) The program weights for the high school nonvocational 
 58-40    laboratory program and the vocational laboratory program, 
 58-41    when multiplied by the base amount, shall reflect 
 58-42    sufficient funds to pay the beginning salaries of 
 58-43    laboratory supervisors in each such program. 
 
 
 
                                 -58- 
 
 
 
 59- 1    (f.1) The program weights for the kindergarten, 
 59- 2    kindergarten early intervention, primary, primary early 
 59- 3    intervention, upper elementary, middle grades, middle 
 59- 4    school, remedial, and alternative education programs and 
 59- 5    the program weights for the high school programs 
 59- 6    authorized pursuant to paragraph (4) of subsection (b) of 
 59- 7    Code Section 20-2-151, when multiplied by the base amount, 
 59- 8    shall reflect sufficient funds to pay the beginning 
 59- 9    salaries for instructors needed to provide 20 additional 
 59-10    days of instruction for 10 percent of the full-time 
 59-11    equivalent count of the respective program.  Such funds 
 59-12    shall be used for addressing the academic needs of 
 59-13    low-performing students with programs such as, but not 
 59-14    limited to, instructional opportunities for students 
 59-15    beyond the regular school day, Saturday classes, 
 59-16    intersession classes, and summer school classes. 
 
 59-17    (g) All program weights, when multiplied by the base 
 59-18    amount, shall reflect sufficient funds to pay the cost of 
 59-19    sick and personal leave for teachers payments to teachers 
 59-20    for unused sick leave, the employer's portion of costs for 
 59-21    membership in the Teachers Retirement System of Georgia 
 59-22    and health insurance programs authorized by law, the cost 
 59-23    of essential instructional materials and equipment needed 
 59-24    to operate effectively such instructional programs, and 
 59-25    the cost of travel required of personnel in order to 
 59-26    deliver educational services to enrolled students, subject 
 59-27    to appropriation by the General Assembly.  The State Board 
 59-28    of Education shall withhold from the allotment for each 
 59-29    local school system which operates an independent 
 59-30    retirement program the amount intended to pay the 
 59-31    employer's portion of costs for membership in the Teachers 
 59-32    Retirement System of Georgia.  The state board shall remit 
 59-33    the amount withheld directly to the Teachers Retirement 
 59-34    System of Georgia. 
 
 59-35    (h) All program weights, when multiplied by the base 
 59-36    amount, shall reflect, whenever they are revised pursuant 
 59-37    to subsection (f) of Code Section 20-2-161, an amount of 
 59-38    funds for the purpose of providing staff and professional 
 59-39    development to certificated and classified personnel and 
 59-40    local school board members which shall be at least 
 59-41    equivalent to one-half of 1 1.5 percent of salaries of all 
 59-42    certificated professional personnel used in the 
 59-43    development of each respective program weight, subject to 
 59-44    appropriation by the General Assembly.  The program 
 59-45    weights, when multiplied by the base amount, shall also 
 
 
                                 -59- 
 
 
 
 60- 1    reflect an amount of funds for the purpose of providing 
 60- 2    professional development stipends which shall be 
 60- 3    sufficient to allow eligible certificated personnel to 
 60- 4    participate in such activities at least once every five 
 60- 5    years, subject to appropriation by the General Assembly. 
 60- 6    Such stipends shall be provided to the individual on a 
 60- 7    reimbursable basis on a state approved schedule which 
 60- 8    shall not exceed $150.00 per credit hour for staff 
 60- 9    development or professional development stipends for 
 60-10    approved program participation; provided, however, that 
 60-11    such limit shall be adjusted annually, consistent with the 
 60-12    percentage increase in the salary base determined pursuant 
 60-13    to Code Section 20-2-212.  No stipends shall be provided 
 60-14    for less than one credit hour participation or for more 
 60-15    than 15 hours within the fiscal year.  Each credit hour 
 60-16    shall require ten contact hours of participation.  Funds 
 60-17    used for professional or staff development purposes may be 
 60-18    used throughout the fiscal year, including days when 
 60-19    students are not present at school, to meet professional 
 60-20    or staff development needs in the order of priority 
 60-21    determined by the local board of education within the 
 60-22    comprehensive professional and staff development program 
 60-23    plan approved by the State Board of Education pursuant to 
 60-24    Code Section 20-2-232. Such professional and staff 
 60-25    development program plan shall address deficiencies of 
 60-26    certificated personnel as identified by evaluations 
 60-27    required under Code Section 20-2-210.  Where possible, 
 60-28    professional and staff development funds shall be used for 
 60-29    activities that enhance the skills of certificated 
 60-30    personnel and directly relate to student achievement. 
 60-31    Subsequent certificated personnel evaluations shall 
 60-32    include an assessment of an employee's professional and 
 60-33    staff development activities and their effect on 
 60-34    identified deficiencies and student achievement. Funds for 
 60-35    professional development stipends purposes may be used for 
 60-36    activities occurring at any time during the fiscal year 
 60-37    outside of an employee's normal contract hours.  If any 
 60-38    portion of professional development funds are not expended 
 60-39    by a local school system for these purposes, that portion 
 60-40    shall be returned to the state.  Such staff and 
 60-41    professional development activities shall be in accordance 
 60-42    with the annual local staff development plan approved by 
 60-43    the State Board of Education pursuant to Code Section 
 60-44    20-2-232. 
 
 
 
 
                                 -60- 
 
 
 
 61- 1    (i) The State Board of Education shall adopt for each 
 61- 2    instructional program authorized pursuant to Part 3 of 
 61- 3    this article and the middle school program provided for in 
 61- 4    Code Section 20-2-290 the maximum number of students which 
 61- 5    may be taught by a teacher in an instructional period. 
 61- 6    Such maximum class sizes shall be equal to or greater than 
 61- 7    the class sizes teacher-student ratios used in the 
 61- 8    calculation of the program weights as set forth in 
 61- 9    subsection (b) of Code Section 20-2-161 but shall not 
 61-10    exceed the funding class size by more than 20 percent, 
 61-11    unless specifically authorized by the State Board of 
 61-12    Education; provided, however, that in no case shall the 20 
 61-13    percent maximum be exceeded for mathematics, science, 
 61-14    social studies, or English classes; provided, further, 
 61-15    that the maximum class size for grades one through three 
 61-16    shall not exceed 20 percent over the funding ratio except 
 61-17    for art, music, or physical education classes; provided, 
 61-18    further, that the maximum class size for special 
 61-19    education, gifted, and English for speakers of other 
 61-20    languages classes shall be set by the State Board of 
 61-21    Education.  For a period not to exceed four years, 
 61-22    beginning with the 2000-2001 school year, local school 
 61-23    systems shall be allowed to exceed the maximum class sizes 
 61-24    set forth in this subsection in a manner consistent with 
 61-25    State Board of Education rules.  The State Board of 
 61-26    Education shall lower the current maximum class sizes set 
 61-27    by state board rules in effect for the 1999-2000 school 
 61-28    year, beginning with the 2000-2001 school year, by a 
 61-29    proportional amount each school year so that, beginning 
 61-30    with the 2003-2004 school year, State Board of Education 
 61-31    rules are in compliance with this subsection.  An aide may 
 61-32    be used to increase the maximum class size in kindergarten 
 61-33    from 18 to 20 and may be used in all other programs to 
 61-34    increase class size as allowed by State Board of Education 
 61-35    rule, except that an aide shall not be used to increase 
 61-36    the maximum class size in grades one through three.  The 
 61-37    maximum class size for the kindergarten and primary grades 
 61-38    programs is defined as the number of students in a 
 61-39    physical classroom.  Maximum class sizes that result in a 
 61-40    fractional full-time equivalent shall be rounded up to the 
 61-41    nearest whole number as needed.  The middle school program 
 61-42    shall use the teacher-student ratio of the middle grades 
 61-43    program for the purpose of this subsection. The number of 
 61-44    students taught by a teacher at any time after the first 
 61-45    15 school days of a school year may not exceed the maximum 
 61-46    such number unless authorization for a specific larger 
 
 
                                 -61- 
 
 
 
 62- 1    number is requested of the state board, along with the 
 62- 2    educational justification for granting the requested 
 62- 3    exemption, and the state board has approved said request. 
 62- 4    The state board shall not reduce class sizes without the 
 62- 5    authorization of the General Assembly, if this reduction 
 62- 6    necessitates added costs for facilities, personnel, and 
 62- 7    other program needs.  Local boards of education may reduce 
 62- 8    class sizes, build additional facilities, and provide 
 62- 9    other resources at local cost if such actions are in the 
 62-10    best interest of the local school systems' programs as 
 62-11    determined by the local boards of education." 
 
 62-12                          SECTION 28. 
 
 62-13  Said chapter is further amended by striking in its entirety 
 62-14  Code Section 20-2-185, relating to the calculation of 
 62-15  program weights based on payment of salaries for principals 
 62-16  and secretaries under the "Quality Basic Education Act," and 
 62-17  inserting in lieu thereof a new Code Section 20-2-185 to 
 62-18  read as follows: 
 
 62-19    "20-2-185. 
 
 62-20    All program weights, when multiplied by the base amount, 
 62-21    shall reflect sufficient funds to pay the beginning 
 62-22    salaries of principals and assistant principals as well as 
 62-23    the salaries of secretaries essential for the efficient 
 62-24    and effective management of the instructional and 
 62-25    supportive educational programs of an appropriate base 
 62-26    size school pursuant to Code Section 20-2-181 and to 
 62-27    provide for the costs of operating an administrative 
 62-28    office in the school, subject to appropriation by the 
 62-29    General Assembly." 
 
 62-30                          SECTION 29. 
 
 62-31  Said chapter is further amended by striking in its entirety 
 62-32  Code Section 20-2-186, relating to the allocation of funds 
 62-33  for local systems to pay beginning salaries of 
 62-34  superintendents, secretaries, and accountants under the 
 62-35  "Quality Basic Education Act," and inserting in lieu thereof 
 62-36  a new Code Section 20-2-186 to read as follows: 
 
 62-37    "20-2-186. 
 
 62-38    (a) Funds provided under this article shall include the 
 62-39    following for local systems to pay, on a 12 month basis, 
 62-40    the beginning salaries of superintendents, assistant 
 62-41    superintendents, and principals and the salaries of 
 
 
 
                                 -62- 
 
 
 
 63- 1    secretaries, and accountants, and nurses, subject to 
 63- 2    appropriation by the General Assembly: 
 
 63- 3      (1) Each local system shall earn, for any number of 
 63- 4      full-time equivalent students equal to or under 1,000 
 63- 5      5,000, funds sufficient to pay the beginning salaries of 
 63- 6      a superintendent, accountant, and two assistant 
 63- 7      superintendents and one-half the salary salaries of a 
 63- 8      secretary and an accountant; and 
 
 63- 9      (2) For numbers of full-time equivalent students over 
 63-10      1,000 5,000 and less than 2,001 10,001, 80 percent of 
 63-11      the amount obtained by multiplying the number of 
 63-12      students over 1,000 by the amount earned in paragraph 
 63-13      (1) of this Code section divided by 1,000 funds 
 63-14      sufficient to pay the beginning salaries of a 
 63-15      superintendent and four assistant superintendents and 
 63-16      the salaries of a  secretary and an accountant; and 
 
 63-17      (3) For numbers of full-time equivalent students over 
 63-18      2,000 10,000, and less than 3,001, 70 percent of the 
 63-19      amount obtained by multiplying the number of students 
 63-20      over 2,000 by the amount earned in paragraph (1) of this 
 63-21      Code section divided by 1,000; and funds sufficient to 
 63-22      pay the beginning salaries of a superintendent and eight 
 63-23      assistant superintendents and the salaries of a 
 63-24      secretary and an accountant; and 
 
 63-25      (4) For numbers of full-time equivalent students over 
 63-26      3,000 and less than 4,001, 60 percent of the amount 
 63-27      obtained by multiplying the number of students over 
 63-28      3,000 by the amount earned in paragraph (1) of this Code 
 63-29      section divided by 1,000 Each local system shall earn 
 63-30      funds for the 2000-2001 school year sufficient to pay 
 63-31      the beginning salary of a principal for each school in 
 63-32      the local school system with a principal of record for 
 63-33      the preceding year.  Thereafter, each local school 
 63-34      system shall earn funds sufficient to pay the beginning 
 63-35      salary of a principal for each school in the local 
 63-36      school system that reported a principal on the October 
 63-37      certified personnel information report; provided, 
 63-38      however, that any school which operates as a combination 
 63-39      school, which is defined as any of the elementary 
 63-40      grades, kindergarten through grade five, contiguous with 
 63-41      one or more of the middle grades, grades six through 
 63-42      eight; or as a combination school of any of the middle 
 63-43      grades, grades six through eight, contiguous with one or 
 63-44      more of the elementary grades or contiguous with one or 
 
 
                                 -63- 
 
 
 
 64- 1      more of the high school grades, grades nine through 12; 
 64- 2      or as a combination school of any of the high school 
 64- 3      grades, contiguous with one or more of the middle 
 64- 4      grades, shall earn funds sufficient to pay the beginning 
 64- 5      salary of a principal for each of the elementary, 
 64- 6      middle, or high school combinations.  Beginning with the 
 64- 7      2001-2002 school year, funds cannot be earned for more 
 64- 8      than one principal's salary for schools on the same 
 64- 9      campus sharing facilities unless the schools operate as 
 64-10      a combination school as defined in this paragraph with 
 64-11      separate facility codes issued by the Department of 
 64-12      Education.  A local school system shall earn funds in 
 64-13      the midterm adjustment sufficient to pay the beginning 
 64-14      salary of a principal for a new school, if not otherwise 
 64-15      earning the funds, when the school has reported 
 64-16      full-time equivalent program counts in the October 
 64-17      count, has an approved new school facility code issued 
 64-18      by the department, and has reported a principal on the 
 64-19      October certified personnel information report under the 
 64-20      new facility code.  It is further provided that funds 
 64-21      for the salary of a principal shall not be earned under 
 64-22      this paragraph for an evening school or alternative 
 64-23      school; and 
 
 64-24      (5) For numbers of full-time equivalent students over 
 64-25      4,000 and less than 10,001, 33 percent of the amount 
 64-26      obtained by multiplying the number of students over 
 64-27      4,000 by the amount earned in paragraph (1) of this Code 
 64-28      section divided by 1,000 Each local system shall earn 
 64-29      funds sufficient to pay for nursing services.; and  
 
 64-30      (6) For numbers of full-time equivalent students over 
 64-31      10,000, an amount equal to 25 percent of the amount 
 64-32      obtained by multiplying the number of students over 
 64-33      10,000 by the amount earned in paragraph (1) of this 
 64-34      Code section divided by 1,000. 
 
 64-35    (b) All program weights, when multiplied by the base 
 64-36    amount, shall reflect sufficient funds to pay the 
 64-37    beginning salaries of a visiting teacher for using a base 
 64-38    size school system pursuant to Code Section 20-2-181 of 
 64-39    2,475 full-time equivalent students and for costs of 
 64-40    operating an administrative office for the local school 
 64-41    system and for workers' compensation and employment 
 64-42    security payments for personnel at the central office, 
 64-43    school, and program levels, subject to appropriation by 
 64-44    the General Assembly.  Further, the program weights for 
 
 
 
                                 -64- 
 
 
 
 65- 1    all special education programs pursuant to Code Section 
 65- 2    20-2-152, when multiplied by the base amount, shall 
 65- 3    reflect sufficient funds to pay the beginning salaries of 
 65- 4    special education leadership personnel essential and 
 65- 5    necessary for the effective operation of such programs in 
 65- 6    a base size local school system.  Further, the program 
 65- 7    weights for all programs, when multiplied by the base 
 65- 8    amount, shall reflect sufficient funds to pay the 
 65- 9    beginning salaries of school psychologists and 
 65-10    psychometrists essential and necessary for the effective 
 65-11    operation of such programs in a base size local school 
 65-12    system using a base size of 2,475 full-time equivalent 
 65-13    students, subject to appropriation by the General 
 65-14    Assembly. 
 
 65-15    (c) Notwithstanding any provision of this Code section to 
 65-16    the contrary, no local system shall earn funds under this 
 65-17    Code section, except for funds for nurses, accountants, 
 65-18    visiting teachers, school psychologists, and secretaries, 
 65-19    if the local board of education has not implemented in a 
 65-20    failing school within the system the interventions, as 
 65-21    defined in Code Section 20-14-41, that are prescribed by 
 65-22    the State Board of Education." 
 
 65-23                          SECTION 30. 
 
 65-24  Said chapter is further amended by striking in its entirety 
 65-25  subsection (b) of Code Section 20-2-200, relating to the 
 65-26  regulation of certificated professional personnel by the 
 65-27  Professional Standards Commission, and inserting in lieu 
 65-28  thereof new subsections (b) and (b.1) to read as follows: 
 
 65-29      "(b)(1) Before granting a renewable certificate to an 
 65-30      applicant, the Professional Standards Commission shall 
 65-31      require the applicant to demonstrate satisfactory 
 65-32      proficiency on a test of specific subject matter or 
 65-33      other professional knowledge appropriate to the 
 65-34      applicant's field of certification. 
 
 65-35      (2) Before granting a renewable certificate to an 
 65-36      applicant, the commission is authorized to require the 
 65-37      applicant to demonstrate satisfactory proficiency on a 
 65-38      test of oral and written communication skills, a test of 
 65-39      computer skill competency, and an assessment to 
 65-40      demonstrate satisfactory on-the-job performance 
 65-41      appropriate to the applicant's field of certification. 
 65-42      Successful completion of the phase one InTech model 
 65-43      training at a state educational technology training 
 
 
 
                                 -65- 
 
 
 
 66- 1      center or by a State Board of Education approved 
 66- 2      redelivery team shall be acceptable for certificate 
 66- 3      renewal purposes. The on-the-job performance of teachers 
 66- 4      shall be assessed by the instrument developed pursuant 
 66- 5      to Code Section 20-2-210.  When used for initial 
 66- 6      renewable certification, the extended form version of 
 66- 7      such instrument shall be used with the following 
 66- 8      additional requirements:  the applicant shall produce 
 66- 9      for the days to be observed a brief written lesson plan 
 66-10      appropriate and sufficient for the demonstration of 
 66-11      essential skills; the scheduling of observation periods 
 66-12      and intervals between them shall be designed to allow 
 66-13      the teacher an adequate opportunity to demonstrate the 
 66-14      essential skills; at least one evaluator shall be 
 66-15      external to the school system in which the assessment is 
 66-16      taking place and each evaluator is certified by the 
 66-17      commission as qualified to administer the assessment; 
 66-18      on-the-job performance shall be evaluated on criteria 
 66-19      set by the commission which will ensure demonstration of 
 66-20      effective teaching practices. 
 
 66-21      (3) An applicant shall be exempted from the written 
 66-22      planning portion of the on-the-job assessment 
 66-23      requirement pursuant to paragraph (2) of this subsection 
 66-24      if: 
 
 66-25        (A) The applicant has held a professional teaching or 
 66-26        service certificate issued by any state in the United 
 66-27        States at the baccalaureate degree level or higher and 
 66-28        has satisfactorily performed appropriate duties on a 
 66-29        full-time basis for at least five of the past eight 
 66-30        years in regionally accredited private schools of this 
 66-31        state or another state, or an accrediting agency with 
 66-32        criteria and procedures equivalent to or greater than 
 66-33        a regional accrediting association as determined 
 66-34        solely by the Professional Standards Commission, or in 
 66-35        public schools of this state or another state, or a 
 66-36        combination thereof; or 
 
 66-37        (B) The applicant has held a professional leadership 
 66-38        certificate issued by any state in the United States 
 66-39        at a level above the master's degree and has 
 66-40        satisfactorily performed appropriate leadership duties 
 66-41        on a full-time basis for at least five of the past 
 66-42        eight years in regionally accredited private schools 
 66-43        of this state or another state, or an accrediting 
 66-44        agency with criteria and procedures equivalent to or 
 
 
 
                                 -66- 
 
 
 
 67- 1        greater than a regional accrediting association as 
 67- 2        determined solely by the Professional Standards 
 67- 3        Commission, or in public schools of this state or 
 67- 4        another state, or a combination thereof. 
 
 67- 5      (4) Exemptions authorized pursuant to paragraph (3) of 
 67- 6      this subsection shall not apply to those applicants who 
 67- 7      have taken the on-the-job assessment required for 
 67- 8      certification more than five times.  Any person who 
 67- 9      qualifies for the exemption granted under subparagraph 
 67-10      (A) or (B) of paragraph (3) of this subsection shall 
 67-11      receive a nonrenewable certificate valid for a maximum 
 67-12      of three years.  During those three years, said person 
 67-13      shall be eligible for a renewable certificate at such 
 67-14      time said person demonstrates satisfactory performance 
 67-15      on the nonwritten portion of the required certification 
 67-16      assessment. This exemption shall in no way affect other 
 67-17      certification requirements of this article or the annual 
 67-18      performance evaluation required pursuant to Code Section 
 67-19      20-2-210. 
 
 67-20      (5) Before granting an initial renewable certificate to 
 67-21      an applicant, the commission is authorized to require 
 67-22      the applicant to demonstrate satisfactory proficiency on 
 67-23      a test of broad general knowledge. 
 
 67-24      (6) On any test or assessment required as a condition 
 67-25      for receiving any renewable certificate, each applicant 
 67-26      shall have at least three opportunities to demonstrate 
 67-27      the required proficiency.  Each applicant currently 
 67-28      employed by a local unit of administration who initially 
 67-29      does not pass any required tests or assessments may 
 67-30      request and thereby shall be provided staff development 
 67-31      assistance in the areas of identified deficiencies.  An 
 67-32      applicant must achieve the required passing score on any 
 67-33      of the required tests only once for each certification 
 67-34      level and field. 
 
 67-35      (7) An individual holding a valid life certificate is 
 67-36      exempt from the provisions of this subsection for that 
 67-37      certificate field. 
 
 67-38      (8) An individual who has received two unsatisfactory 
 67-39      annual performance evaluations in the previous five-year 
 67-40      period pursuant to Code Section 20-2-210 shall not be 
 67-41      entitled to a renewable certificate prior to 
 67-42      demonstrating that such performance deficiency has been 
 
 
 
 
                                 -67- 
 
 
 
 68- 1      satisfactorily addressed, but such individual may apply 
 68- 2      to the commission for a nonrenewable certificate. 
 
 68- 3      (9) Before granting a renewable certificate required for 
 68- 4      teaching or for administering or supervising a school 
 68- 5      system, school, or school program to an applicant who 
 68- 6      holds a valid renewable certificate at the time of 
 68- 7      application, the commission shall require such applicant 
 68- 8      to demonstrate that he or she has worked as a teacher in 
 68- 9      a classroom for not less than five days during each 
 68-10      school year preceding the expiration of such applicant's 
 68-11      certificate or has completed a teacher training course 
 68-12      approved by the commission. 
 
 68-13    (b.1) Upon certification from the National Board for 
 68-14    Professional Teaching Standards, an applicant shall be 
 68-15    deemed to have met state renewal requirements for the life 
 68-16    of the teacher's national certificate." 
 
 68-17                          SECTION 31. 
 
 68-18  Said chapter is further amended in Code Section 20-2-201, 
 68-19  relating to specific course requirements and in-service or 
 68-20  continuing education for certificated professional personnel 
 68-21  under the "Quality Basic Education Act," by striking in its 
 68-22  entirety subsection (c) and inserting in lieu thereof new 
 68-23  subsections (b.1) and (c) to read as follows: 
 
 68-24    "(b.1) Universities and colleges having teacher 
 68-25    preparation programs for grades pre-kindergarten through 
 68-26    12 shall require students in such programs to be 
 68-27    proficient in computer and other instructional technology 
 68-28    applications and skills including understanding desktop 
 68-29    computers, their applications, integration with teaching 
 68-30    and curriculum, and their utilization for individualized 
 68-31    instruction and classroom management.  There shall be a 
 68-32    test to assess the proficiency of students enrolled in 
 68-33    teacher preparation programs in computer and other 
 68-34    instructional technology applications and skills. 
 
 68-35    (c) Each local unit of administration shall be required to 
 68-36    provide all professional personnel certificated by the 
 68-37    Professional Standards Commission 12 clock hours of 
 68-38    in-service or continuing education in each calendar year, 
 68-39    or meet requirements of the Southern Association of 
 68-40    Colleges and Schools.  Such in-service programs shall be 
 68-41    developed by the local unit of administration in 
 68-42    conjunction with such agencies as regional educational 
 68-43    service agencies, colleges and universities, and other 
 
 
                                 -68- 
 
 
 
 69- 1    appropriate organizations.  These programs shall be 
 69- 2    designed to address identified needs determined by 
 69- 3    appropriate personnel evaluation instruments.  These 
 69- 4    programs shall also focus on improving the skills of 
 69- 5    certificated personnel that directly relate to improving 
 69- 6    student achievement. Records of attendance shall be 
 69- 7    maintained by local units of administration and shall be 
 69- 8    monitored by appropriate Department of Education staff." 
 
 69- 9                          SECTION 32. 
 
 69-10  Said chapter is further amended by striking in its entirety 
 69-11  Code Section 20-2-210, relating to annual performance 
 69-12  evaluations of certificated professional personnel, and 
 69-13  inserting in lieu thereof a new Code Section 20-2-210 to 
 69-14  read as follows: 
 
 69-15    "20-2-210. 
 
 69-16    (a) All personnel employed by local units of 
 69-17    administration, including school superintendents, shall 
 69-18    have their performance evaluated annually by appropriately 
 69-19    trained evaluators.  All such performance evaluation 
 69-20    records shall be part of the personnel evaluation file and 
 69-21    shall be confidential.  In the case of local school 
 69-22    superintendents, such evaluations shall be performed by 
 69-23    the local board of education.  Certificated professional 
 69-24    personnel who have deficiencies and other needs shall have 
 69-25    professional development plans designed to mitigate such 
 69-26    deficiencies and other needs as may have been identified 
 69-27    during the evaluation process.  Progress relative to 
 69-28    completing the annual professional development plan shall 
 69-29    be assessed during the annual evaluation process.  The 
 69-30    state board shall develop a model annual evaluation 
 69-31    instrument for each classification of professional 
 69-32    personnel certificated by the Professional Standards 
 69-33    Commission.  The local units of administration are 
 69-34    authorized to use the models developed by the State Board 
 69-35    of Education. 
 
 69-36    (b) Annual teacher evaluations shall at a minimum take 
 69-37    into consideration the following: 
 
 69-38      (1) The role of the teacher in meeting the school's 
 69-39      student achievement goals, including the academic gains 
 69-40      of students assigned to the teacher; 
 
 
 
 
 
                                 -69- 
 
 
 
 70- 1      (2) Observations of the teacher by the principal and 
 70- 2      assistant principals during the delivery of instruction 
 70- 3      and at other times as appropriate; 
 
 70- 4      (3) Participation in professional development 
 70- 5      opportunities and the application of concepts learned to 
 70- 6      classroom and school activities; 
 
 70- 7      (4) Communication and interpersonal skills as they 
 70- 8      relate to interaction with students, parents, other 
 70- 9      teachers, administrators, and other school personnel; 
 
 70-10      (5) Timeliness and attendance for assigned 
 70-11      responsibilities; 
 
 70-12      (6) Adherence to school and local school system 
 70-13      procedures and rules; and 
 
 70-14      (7) Personal conduct while in performance of school 
 70-15      duties. 
 
 70-16    (c) In making a determination of the academic gains of the 
 70-17    students assigned to a teacher, evaluators should make 
 70-18    every effort to have available and to utilize the results 
 70-19    of a wide range of student achievement assessments, 
 70-20    including those utilized by the teacher, set by the local 
 70-21    board of education, or required under this article.  It is 
 70-22    recognized that in some instances a determination of the 
 70-23    academic gains of the students assigned to a teacher is 
 70-24    dependent upon student assessments which have not yet been 
 70-25    administered at the time of the annual evaluation or, if 
 70-26    they have been administered, the results are not yet 
 70-27    available at the time of the annual evaluation.  In such 
 70-28    instances, the annual teacher evaluation shall be 
 70-29    performed on the basis of information available at the 
 70-30    time and shall be considered as the annual evaluation for 
 70-31    the purposes of this article.  As results of student 
 70-32    assessments subsequently become available, an addendum to 
 70-33    the annual evaluation shall be completed and become part 
 70-34    of the teacher's cumulative evaluative record which may be 
 70-35    used in a teacher's subsequent annual evaluations. 
 
 70-36    (d) The superintendent of each local school system shall 
 70-37    identify an appropriately trained evaluator for each 
 70-38    person employed by the local unit of administration for 
 70-39    the purposes of completing an annual evaluation as 
 70-40    required in subsections (a) and (b) of this Code section. 
 70-41    The evaluator shall be required to complete such annual 
 70-42    evaluation for each certificated person prior to April 1 
 
 
 
                                 -70- 
 
 
 
 71- 1    of each year.  The superintendent of each local school 
 71- 2    system shall be responsible for ensuring compliance with 
 71- 3    this Code section. 
 
 71- 4    (e) In addition to the evaluation by a trained evaluator 
 71- 5    provided for in subsection (a) of this Code section, the 
 71- 6    local school system may require each principal and 
 71- 7    assistant principal of a school to have his or her 
 71- 8    performance evaluated annually by the teachers in the 
 71- 9    school.  Such evaluations by teachers shall be 
 71-10    confidential, solicited and recorded on an anonymous 
 71-11    basis, and made available only to the local school 
 71-12    superintendent and the local board of education.  Such 
 71-13    evaluations shall not be subject to Article 4 of Chapter 
 71-14    18 of Title 50. 
 
 71-15    (b)(f) Any teacher who removes more than two students from 
 71-16    his or her total class enrollment in any school year under 
 71-17    subsection (b) of Code Section 20-2-738 who are 
 71-18    subsequently returned to the class by a placement review 
 71-19    committee because such class is the best available 
 71-20    alternative may be required to complete professional 
 71-21    development to improve classroom management skills, other 
 71-22    skills on the identification and remediation of academic 
 71-23    and behavioral student needs, or other instructional 
 71-24    skills as identified in a plan derived by the principal of 
 71-25    the school in consultation with the teacher." 
 
 71-26                          SECTION 33. 
 
 71-27  Said chapter is further amended in Code Section 20-2-211, 
 71-28  relating to annual contracts for certificated professional 
 71-29  personnel under the "Quality Basic Education Act," by 
 71-30  striking subsections (a) and (b) and inserting in lieu 
 71-31  thereof new subsections (a) and (b) to read as follows: 
 
 71-32    "(a) All teachers, principals, other certificated 
 71-33    professional personnel, and other personnel of a local 
 71-34    unit of administration shall be employed and assigned by 
 71-35    its governing board on the recommendation of its executive 
 71-36    officer. Minimum qualifications for employment of all 
 71-37    personnel may be prescribed by the State Board of 
 71-38    Education unless otherwise provided by law. Employment 
 71-39    contracts of teachers, principals, and other certificated 
 71-40    professional personnel shall be in writing and , and such 
 71-41    contracts shall be signed in duplicate by such personnel 
 71-42    on their own behalf and by the executive officer of the 
 
 
 
 
                                 -71- 
 
 
 
 72- 1    local unit of administration on behalf of its governing 
 72- 2    board. 
 
 72- 3    (b) Any other provisions of this article or any other laws 
 72- 4    to the contrary notwithstanding, each local governing 
 72- 5    board shall, by not later than April 15 of the current 
 72- 6    school year, tender a new contract for the ensuing school 
 72- 7    year to each teacher and other professional employee 
 72- 8    certificated by the Professional Standards Commission on 
 72- 9    the payroll of the local unit of administration at the 
 72-10    beginning of the current school year, except those who 
 72-11    have resigned or who have been terminated, or shall notify 
 72-12    in writing each such teacher or other certificated 
 72-13    professional employee of the intention of not renewing his 
 72-14    or her contract for the ensuing school year. When such 
 72-15    notice of intended termination has not been given by April 
 72-16    15, the employment of such teacher or other certificated 
 72-17    professional employee shall be continued for the ensuing 
 72-18    school year unless such employee has been removed in the 
 72-19    manner as provided in Code Section 20-2-940 or unless the 
 72-20    teacher or certificated professional employee elects not 
 72-21    to accept such employment by notifying the local governing 
 72-22    board or executive officer in writing not later than May 
 72-23    1. Any other provisions of this article or any other laws 
 72-24    to the contrary notwithstanding, each local governing 
 72-25    board shall, by not later than April 15 of the current 
 72-26    school year, tender a new contract for the ensuing school 
 72-27    year to each teacher and other professional employee 
 72-28    certificated by the Professional Standards Commission on 
 72-29    the payroll of the local unit of administration at the 
 72-30    beginning of the current school year, except those who 
 72-31    have resigned or who have been terminated as provided in 
 72-32    Part 7 of Article 17 of this chapter, or shall notify in 
 72-33    writing each such teacher or other certificated 
 72-34    professional employee of the intention of not renewing his 
 72-35    or her contract for the ensuing school year. Upon request, 
 72-36    a written explanation for failure to renew such contract 
 72-37    shall be made available to such certificated personnel by 
 72-38    the executive officer. When such notice of intended 
 72-39    termination has not been given by April 15, the employment 
 72-40    of such teacher or other certificated professional 
 72-41    employee shall be continued for the ensuing school year 
 72-42    unless the teacher or certificated professional employee 
 72-43    elects not to accept such employment by notifying the 
 72-44    local governing board or executive officer in writing not 
 72-45    later than May 1." 
 
 
 
                                 -72- 
 
 
 
 73- 1                          SECTION 34. 
 
 73- 2  Said chapter is further amended in Code Section 20-2-211, 
 73- 3  relating to annual contracts for certificated professional 
 73- 4  personnel under the "Quality Basic Education Act," by 
 73- 5  striking subsection (e) and inserting in lieu thereof a new 
 73- 6  subsection (e) to read as follows: 
 
 73- 7      "(e)(1) Each person to be issued a contract of 
 73- 8      employment for the first time by a local unit of 
 73- 9      administration after July 1, 1994, as a teacher, 
 73-10      principal, or other certificated professional personnel 
 73-11      All personnel employed by a local unit of administration 
 73-12      after July 1, 2000, whether or not such personnel hold 
 73-13      certificates from the Professional Standards Commission, 
 73-14      shall be fingerprinted and have a criminal record check 
 73-15      made as required by this subsection prior to the issuing 
 73-16      of a contract.  The local unit of administration shall 
 73-17      have the authority to employ a person or persons holding 
 73-18      such a certificate under a provisional or temporary 
 73-19      contract for a maximum of 200 days and to employ a 
 73-20      person who does not hold such a certificate for a 
 73-21      maximum of 200 days, in order to allow for the receipt 
 73-22      of the results of the criminal record check. Teachers, 
 73-23      principals, and other certificated personnel whose 
 73-24      employment in a local unit of administration is renewed 
 73-25      pursuant to this subpart after July 1, 2000, shall have 
 73-26      a criminal record check made as required by this 
 73-27      subsection upon any certificate renewal application to 
 73-28      the Professional Standards Commission.  The local unit 
 73-29      of administration shall adopt policies to provide for 
 73-30      the subsequent criminal record checks of noncertificated 
 73-31      personnel continued in employment in the local unit of 
 73-32      administration. 
 
 73-33      (2) Fingerprints shall be in such form and of such 
 73-34      quality as shall be acceptable for submission to the 
 73-35      National Crime Information Center under standards 
 73-36      adopted by the Federal Bureau of Investigation or the 
 73-37      United States Department of Justice.  It shall be the 
 73-38      duty of each law enforcement agency in this state to 
 73-39      fingerprint those persons required to be fingerprinted 
 73-40      by this subsection. 
 
 73-41      (3) At the discretion of local units of administration, 
 73-42      fees required for a criminal record check by the Georgia 
 73-43      Crime Information Center, the National Crime Information 
 73-44      Center, the Federal Bureau of Investigation, or the 
 
 
                                 -73- 
 
 
 
 74- 1      United States Department of Justice prior to the 
 74- 2      issuance of any contract of first employment of such 
 74- 3      person shall be paid by the local unit of administration 
 74- 4      or by the individual seeking employment or making 
 74- 5      application to the Professional Standards Commission. 
 
 74- 6      (4) It shall be the duty of the State Board of Education 
 74- 7      to submit this subsection to the Georgia Bureau of 
 74- 8      Investigation for submission to the Federal Bureau of 
 74- 9      Investigation and the United States Department of 
 74-10      Justice for their consent to conduct criminal record 
 74-11      checks through the National Crime Information Center as 
 74-12      required by federal law, rules, or regulations.  No 
 74-13      criminal record checks through the National Crime 
 74-14      Information Center shall be required by this subsection 
 74-15      unless and until such consent is given. 
 
 74-16      (5) Information provided by the Georgia Crime 
 74-17      Information Center or the National Crime Information 
 74-18      Center shall be used only for the purposes allowed by 
 74-19      Code Section 35-3-35 or by applicable federal laws, 
 74-20      rules, or regulations. 
 
 74-21      (6) The State Board of Education is authorized to adopt 
 74-22      rules and regulations necessary to carry out the 
 74-23      provisions of this subsection." 
 
 74-24                          SECTION 35. 
 
 74-25  Said chapter is further amended by striking subsection (a) 
 74-26  of Code Section 20-2-212, relating to salary schedules for 
 74-27  certificated professional personnel under the "Quality Basic 
 74-28  Education Act," and inserting in lieu thereof a new 
 74-29  subsection (a) to read as follows: 
 
 74-30    "(a) The State Board of Education shall establish a 
 74-31    schedule of minimum salaries for services rendered which 
 74-32    shall be on a ten-month basis and which shall be paid by 
 74-33    local units of administration to the various 
 74-34    classifications of professional personnel required to be 
 74-35    certificated by the Professional Standards Commission. 
 74-36    The minimum salary schedule shall provide a minimum salary 
 74-37    base for each classification of professional personnel 
 74-38    required to be certificated; shall provide for increment 
 74-39    increases above the minimum salary base of each 
 74-40    classification based upon individual experience and length 
 74-41    of satisfactory service; and shall include such other 
 74-42    uniformly applicable factors as the state board may find 
 74-43    relevant to the establishment of such a schedule. The 
 
 
                                 -74- 
 
 
 
 75- 1    minimum salary base for certificated professional 
 75- 2    personnel with bachelor's degrees and no experience, when 
 75- 3    annualized from a ten-month basis to a 12 month basis, 
 75- 4    shall be comparable to the beginning salaries of the 
 75- 5    recent graduates of the University System of Georgia 
 75- 6    holding bachelor's degrees and entering positions, 
 75- 7    excluding professional educator teaching positions, in 
 75- 8    Georgia having educational entry requirements comparable 
 75- 9    to the requirements for entry into Georgia public school 
 75-10    teaching.  The list of Georgia beginning salaries by 
 75-11    degree field used to calculate the minimum salary base 
 75-12    shall be presented annually to each member of the General 
 75-13    Assembly with the Governor's budget recommendations.  The 
 75-14    House of Representatives and Senate Education and 
 75-15    Appropriations Committees shall also be provided upon 
 75-16    request with a report which includes data and calculations 
 75-17    used to determine the minimum base salary. The state 
 75-18    minimum salary schedule shall in all other respects be 
 75-19    uniform, with no differentiation being made on the basis 
 75-20    of subjects or grades taught. The placement of teachers on 
 75-21    the salary schedule shall be based on certificate level 
 75-22    and years of creditable experience, except that a teacher 
 75-23    shall not receive credit for any year of experience in 
 75-24    which the teacher received an unsatisfactory performance 
 75-25    evaluation. The General Assembly shall annually 
 75-26    appropriate funds to implement a salary schedule for 
 75-27    certificated professional personnel.  For each state 
 75-28    fiscal year, the state board shall adopt the salary 
 75-29    schedule for which funding has been appropriated by the 
 75-30    General Assembly.  A local unit of administration shall 
 75-31    not pay to any full-time certificated professional 
 75-32    employee a salary less than that prescribed by the 
 75-33    schedule of minimum salaries, except as required by this 
 75-34    Code section; nor shall a local unit of administration pay 
 75-35    to any part-time certificated professional employee less 
 75-36    than a pro-rata pro rata portion of the respective salary 
 75-37    prescribed by the schedule of minimum salaries, except as 
 75-38    required by this Code section." 
 
 75-39                          SECTION 36. 
 
 75-40  Said chapter is further amended by striking subsection (b) 
 75-41  of Code Section 20-2-212.2, relating to salary increases for 
 75-42  persons receiving certification from the National Board for 
 75-43  Professional Teaching Standards under the "Quality Basic 
 75-44  Education Act," and inserting in lieu thereof a new 
 75-45  subsection (b) to read as follows: 
 
 
                                 -75- 
 
 
 
 76- 1    "(b) Any person who: 
 
 76- 2      (1) Is currently teaching in a Georgia public school and 
 76- 3      holds a valid Georgia teaching certificate; 
 
 76- 4      (2) Has completed three years of teaching in Georgia 
 76- 5      public schools prior to receiving national 
 76- 6      certification; and  
 
 76- 7      (3) Has not previously received state funds for 
 76- 8      participating in any certification area in the national 
 76- 9      certification program; and 
 
 76-10      (4)(3) Has successfully completed the prerequisite 
 76-11      portfolio of student work and examination and has 
 76-12      received national certification 
 
 76-13    shall receive not less than a 5 10 percent rate increase 
 76-14    in state salary.  Such increase shall be awarded on the 
 76-15    commencement of the school year following such national 
 76-16    certification; provided, however, that, in the case of a 
 76-17    person who has received such national certification prior 
 76-18    to July 1, 2000, and is receiving or is eligible to 
 76-19    receive a 5 percent rate increase, the 5 percent rate 
 76-20    increase shall be changed to a 10 percent rate increase 
 76-21    effective with the commencement of the 2000-2001 school 
 76-22    year. The increase in state salary provided by this Code 
 76-23    section shall be in addition to any other increase for 
 76-24    which the person is eligible." 
 
 76-25                          SECTION 37. 
 
 76-26  Said chapter is further amended in Subpart 2 of Part 6 of 
 76-27  Article 6, relating to conditions of employment for 
 76-28  certificated professional personnel under the "Quality Basic 
 76-29  Education Act," by adding a new Code Section 20-2-212.3 to 
 76-30  read as follows: 
 
 76-31    "20-2-212.3. 
 
 76-32    (a) The State Board of Education shall identify schools 
 76-33    and local school systems in the state where an 
 76-34    insufficient supply of qualified teachers is available to 
 76-35    deliver instruction in the fields of mathematics, science, 
 76-36    special education, or foreign language, based on criteria 
 76-37    defined by the State Board of Education, the Professional 
 76-38    Standards Commission, and the Office of Education 
 76-39    Accountability.  Upon determination of shortages each 
 76-40    year, the State Board of Education shall request funds 
 76-41    sufficient to provide for salary increases not to exceed 
 
 
 
                                 -76- 
 
 
 
 77- 1    one additional step on the state salary schedule for which 
 77- 2    the teacher would otherwise have been entitled for 
 77- 3    positions contracted for in those locations and fields 
 77- 4    during the school year.  Funding shall be based on the 
 77- 5    number of eligible positions identified for the previous 
 77- 6    school year, subject to appropriation by the General 
 77- 7    Assembly.  Upon receiving three such salary increases, a 
 77- 8    teacher shall become ineligible for additional salary 
 77- 9    increases under this Code section. 
 
 77-10    (b) The criteria used for assessing whether or not an 
 77-11    insufficient supply of qualified teachers is available and 
 77-12    the data used in making the determination that a shortage 
 77-13    exists shall be submitted by the Office of Education 
 77-14    Accountability to the chairpersons of the Education 
 77-15    Committees of the House of Representatives and the Senate 
 77-16    no later than December 1 of each year." 
 
 77-17                          SECTION 38. 
 
 77-18  Said chapter is further amended by striking in its entirety 
 77-19  Code Section 20-2-214, relating to salary supplements under 
 77-20  the "Quality Basic Education Act," which reads as follows: 
 
 77-21    "20-2-214. 
 
 77-22    The State Board of Education shall establish a schedule of 
 77-23    salary supplements for administrators who have system-wide 
 77-24    or school-wide responsibilities.  Each salary supplement 
 77-25    shall be based on the respective weighted full-time 
 77-26    equivalent count of the school system or school, the 
 77-27    responsibilities associated with the respective positions, 
 77-28    and any other factors as may be specified by the state 
 77-29    board.  The state board shall have the authority to 
 77-30    establish salary supplements for other public education 
 77-31    positions as deemed necessary and appropriate.  The amount 
 77-32    of funds granted annually to a local school system shall 
 77-33    be sufficient to pay such salary supplements, subject to 
 77-34    appropriation by the General Assembly.", 
 
 77-35  and inserting in lieu thereof the following: 
 
 77-36    "20-2-214. 
 
 77-37    The State Board of Education shall establish a salary 
 77-38    schedule for school principals that includes a supplement 
 77-39    amount for each principal.  The amount of the supplement 
 77-40    shall be based on the amount appropriated by the General 
 77-41    Assembly for this purpose each year divided by the total 
 77-42    weighted full-time equivalent count for the state.  The 
 
 
                                 -77- 
 
 
 
 78- 1    amount for each principal shall be determined by 
 78- 2    multiplying the amount per weighted full-time equivalent 
 78- 3    count by the weighted full-time equivalent count for each 
 78- 4    school.  Local school systems shall pay this supplement to 
 78- 5    each local school principal in one separate payment each 
 78- 6    school year." 
 
 78- 7                          SECTION 39. 
 
 78- 8  Said chapter is further amended by striking subsection (a) 
 78- 9  of Code Section 20-2-218, relating to the duty-free lunch 
 78-10  period for teachers employed in grades kindergarten through 
 78-11  five under the "Quality Basic Education Act," and inserting 
 78-12  in lieu thereof a new subsection (a) to read as follows: 
 
 78-13    "(a) Every teacher who is employed in grades K 
 78-14    kindergarten through 5 five for a period of time of more 
 78-15    than one-half of the class periods of the regular school 
 78-16    day shall be provided a daily lunch period of not less 
 78-17    than 30 consecutive minutes, and such employee shall not 
 78-18    be assigned any responsibilities during this lunch period. 
 78-19    Such lunch period shall be included in the number of hours 
 78-20    worked, and no local board of education shall increase the 
 78-21    number of hours to be worked by an employee as a result of 
 78-22    such employee's being granted a lunch period under the 
 78-23    provisions of this Code section.  This duty-free lunch 
 78-24    period shall not be calculated under any circumstances as 
 78-25    a part of any daily planning period or other 
 78-26    noninstructional time.  The implementation of this 
 78-27    duty-free lunch period shall be mandated to the extent 
 78-28    that state financial support is provided to each school 
 78-29    district for such purposes for the fiscal year  1992 
 78-30    only." 
 
 78-31                          SECTION 40. 
 
 78-32  Said chapter is further amended by striking subsection (c) 
 78-33  of Code Section 20-2-231, relating to the Georgia Education 
 78-34  Leadership Academy, and inserting in lieu thereof a new 
 78-35  subsection (c) to read as follows: 
 
 78-36    "(c) The Georgia Education Leadership Academy shall use 
 78-37    such approaches as are necessary to ensure the active 
 78-38    participation of public school leadership personnel and 
 78-39    their mastery and application of essential knowledge and 
 78-40    skills. Such approaches shall include but are not limited 
 78-41    to, conducting seminars and workshops, awarding academic 
 78-42    or staff development credit, and providing on-site 
 78-43    technical assistance.  Local governing boards are 
 
 
                                 -78- 
 
 
 
 79- 1    authorized to reimburse such administrators for actual 
 79- 2    expenses which result directly from participating in this 
 79- 3    program. The State Board of Education shall provide a 
 79- 4    status report as to the effectiveness of this program 
 79- 5    pursuant to subsection (e) of Code Section 20-2-282." 
 
 79- 6                          SECTION 41. 
 
 79- 7  Said chapter is further amended in Part 9 of Article 6, 
 79- 8  relating to grants for educational programs under the 
 79- 9  "Quality Basic Education Act," by adding at the end thereof 
 79-10  a new Code section, to be designated as Code Section 
 79-11  20-2-258, to read as follows: 
 
 79-12    "20-2-258. 
 
 79-13    The State Board of Education shall request funds 
 79-14    sufficient to provide grants to qualified public 
 79-15    elementary and secondary schools and local school systems, 
 79-16    subject to appropriation by the General Assembly.  The 
 79-17    purpose of such grants shall be to encourage grant 
 79-18    recipients to develop and implement written compacts among 
 79-19    teachers, parents, and students.  Such compacts shall be 
 79-20    entered into voluntarily and shall describe the 
 79-21    commitments made by the student, the student's teacher, 
 79-22    and the student's parents to improve and enhance the 
 79-23    student's academic achievement.  Grant recipients shall 
 79-24    ensure that a compact is offered for each class in which a 
 79-25    student is enrolled and that students and parents are 
 79-26    invited to a conference with the teacher, within the first 
 79-27    30 days after enrollment, to discuss the terms of the 
 79-28    compact.  The state board shall prescribe criteria, 
 79-29    policies, and standards deemed necessary for the effective 
 79-30    implementation of this Code section." 
 
 79-31                          SECTION 42. 
 
 79-32  Said chapter is further amended in Part 9 of Article 6, 
 79-33  relating to grants for educational programs under the 
 79-34  "Quality Basic Education Act," by adding at the end thereof 
 79-35  a new Code section, to be designated as Code Section 
 79-36  20-2-259, to read as follows: 
 
 79-37    "20-2-259. 
 
 79-38    The State Board of Education shall establish an extended 
 79-39    day program for students in grades nine through 12. 
 79-40    Subject to appropriation by the General Assembly, funding 
 79-41    for extended day services shall be provided to local 
 79-42    school systems through grants calculated as follows: 
 
 
                                 -79- 
 
 
 
 80- 1      (1) Divide the salary amount for an administrator, as 
 80- 2      calculated on a ten-month basis, by the base size for 
 80- 3      the high school general education program (9-12); and 
 
 80- 4      (2) Multiply the amount calculated in paragraph (1) of 
 80- 5      this Code section by the sum of the full-time equivalent 
 80- 6      program count for the high school general education 
 80- 7      program (9-12) and the vocational laboratory program 
 80- 8      (9-12). 
 
 80- 9    Each year the state board shall request funds sufficient 
 80-10    to provide for the development and supervision of an 
 80-11    extended day program during the regular school year." 
 
 80-12                          SECTION 43. 
 
 80-13  Said chapter is further amended in Code Section 20-2-260, 
 80-14  relating to capital outlay funding under the "Quality Basic 
 80-15  Education Act" by striking paragraph (12) of subsection (b) 
 80-16  and subsections (c), (d), (e), and (n) and inserting in lieu 
 80-17  thereof a new paragraph (12) of subsection (b) and new 
 80-18  subsections (c), (d), (e), and (n) to read as follows: 
 
 80-19      "(12) 'Renovation' or 'modernization' or both refers to 
 80-20      construction projects which consist of the initial 
 80-21      installation or replacement of major building components 
 80-22      such as lighting, heating, air-conditioning, plumbing, 
 80-23      roofing, electrical, electronic, or flooring systems; 
 80-24      millwork; cabinet work and fixed equipment; energy 
 80-25      retrofit packages; or room-size modifications within an 
 80-26      existing facility, but excluding routine maintenance and 
 80-27      repair items or operations." 
 
 80-28    "(c) The State Board of Education shall adopt policies, 
 80-29    guidelines, and standards, pursuant to Chapter 13 of Title 
 80-30    50, the 'Georgia Administrative Procedure Act,' that meet 
 80-31    the requirements specified in this Code section. The state 
 80-32    board's responsibilities shall include the following: 
 
 80-33      (1) To adopt policies, guidelines, and standards for the 
 80-34      annual physical facility and real property inventory 
 80-35      required of each local school system. This inventory 
 80-36      shall include, but not be limited to: parcels of land; 
 80-37      number of educational facilities; year of construction 
 80-38      and design; size, number, and type of construction 
 80-39      space; amount of instructional space in permanent and 
 80-40      temporary buildings; designations for each instructional 
 80-41      space in permanent and temporary buildings occupied by 
 80-42      designated state approved instructional programs, 
 
 
 
                                 -80- 
 
 
 
 81- 1      federal programs, or local programs not required by the 
 81- 2      state; local property assessment for bond purposes; 
 81- 3      outstanding school bonds and annual debt service; and 
 81- 4      buildings and facilities not in use or rented or leased 
 81- 5      to individuals or other agencies of government, or used 
 81- 6      for other than instructional programs required by this 
 81- 7      article, each identified by its current use.  Department 
 81- 8      of Education staff shall annually review, certify the 
 81- 9      accuracy of, and approve each local school system's 
 81-10      inventory; 
 
 81-11      (2) To adopt policies, guidelines, and standards for the 
 81-12      educational facilities survey required of local school 
 81-13      systems.  The educational facilities survey shall be 
 81-14      initiated by written request of a local board of 
 81-15      education. The request may suggest the number of teams 
 81-16      and the individuals constituting such teams to 
 81-17      participate in the survey.  However, it shall be the 
 81-18      responsibility of the Department of Education to 
 81-19      constitute the makeup of the necessary teams.  Said 
 81-20      teams shall exclude local residents; employees of the 
 81-21      local board of education, the servicing regional 
 81-22      educational services agency, and other educational 
 81-23      centers and agencies servicing the local board; and 
 81-24      individuals deemed unacceptable by the local board.  The 
 81-25      state board shall establish and maintain qualification 
 81-26      standards for participants of survey teams.  Each 
 81-27      educational facilities survey shall include, but not be 
 81-28      limited to, an analysis of population growth and 
 81-29      development patterns; assessment of existing 
 81-30      instructional and support space; assessment of existing 
 81-31      educational facilities; extent of obsolescence of 
 81-32      facilities; and recommendations for improvements, 
 81-33      expansion, modernization, safety, and energy 
 81-34      retrofitting of existing educational facilities.  The 
 81-35      Department of Education staff shall review and certify 
 81-36      as to the accuracy of each educational facilities 
 81-37      survey. The state board shall approve or reject the 
 81-38      recommendations of the survey team and shall establish 
 81-39      appeal procedures for rejected surveys; 
 
 81-40      (3) To adopt policies, guidelines, and standards for 
 81-41      educational facilities construction plans.  Local school 
 81-42      system facilities construction plans shall include, but 
 81-43      not be limited to, a list of construction projects 
 81-44      currently eligible for state capital outlay funds, if 
 81-45      any; educational facilities projected for abandonment, 
 
 
                                 -81- 
 
 
 
 82- 1      if any; educational facilities projected as needed five 
 82- 2      years hence; proposed construction projects for 
 82- 3      modernization, renovation, and energy retrofitting; 
 82- 4      proposed construction projects for the purpose of 
 82- 5      consolidating small, inefficient educational facilities 
 82- 6      which are less than the minimum size specified in 
 82- 7      subsection (q) of this Code section; and other 
 82- 8      construction projects needed to house the instructional 
 82- 9      programs authorized by provisions of this article; 
 
 82-10      (4) To adopt uniform rules, regulations, policies, 
 82-11      standards, and criteria respecting all location, 
 82-12      construction, equipping, operating, maintenance, and use 
 82-13      of educational facilities as may be reasonably necessary 
 82-14      to assure effective, efficient, and economical operation 
 82-15      of the schools and all phases of the public education 
 82-16      program provided for under the provisions of this 
 82-17      article.  Such matters shall include, but not be limited 
 82-18      to, the method, manner, type, and minimum specifications 
 82-19      for construction and installation of fixtures and 
 82-20      equipment in educational facilities; space requirements 
 82-21      per student; number and size of classrooms; allowable 
 82-22      construction costs based on current annual construction 
 82-23      cost data maintained by the Department of Education; and 
 82-24      other requirements necessary to ensure adequate, 
 82-25      efficient, and economical educational facilities.  The 
 82-26      state board shall adopt policies or standards which 
 82-27      shall allow renovation costs up to the amount of new 
 82-28      construction of a replacement facility, provided that 
 82-29      the renovated facility provides comparable instructional 
 82-30      and supportive space and has an extended life comparable 
 82-31      to that of a new facility.  Except for satisfying the 
 82-32      most recent life safety codes, facilities which are 
 82-33      undergoing renovation, modernization, or additions shall 
 82-34      otherwise meet requirements applicable to them prior to 
 82-35      renovation, modernization, or additions, provided that 
 82-36      such additions do not increase the student capacity of 
 82-37      the facility substantially above the capacity for which 
 82-38      it was designed; 
 
 82-39      (5) To develop a state-wide needs assessment for 
 82-40      purposes of planning and developing policies, 
 82-41      anticipating state-wide needs for educational 
 82-42      facilities, and providing assistance to local school 
 82-43      systems in developing educational facilities plans.  The 
 82-44      state-wide needs assessment shall be developed from, 
 82-45      among other sources, vital statistics published by the 
 
 
                                 -82- 
 
 
 
 83- 1      Department of Human Resources, census data published by 
 83- 2      the Bureau of the Census, local school system 
 83- 3      educational facilities and real property inventories, 
 83- 4      educational facilities surveys, full-time equivalent 
 83- 5      student projection research, and educational facilities 
 83- 6      construction plans; and shall reflect circumstances 
 83- 7      where rapid population growth is caused by factors not 
 83- 8      reflected in full-time equivalent student projection 
 83- 9      research; and shall give priority to elementary school 
 83-10      construction.  In addition, the state board shall 
 83-11      develop a consistent, systematic research approach to 
 83-12      full-time equivalent student projections which will be 
 83-13      used in the development of needs within each local unit. 
 83-14      Projections shall not be confined to full-time 
 83-15      equivalent resident students but shall be based on 
 83-16      full-time equivalent student counts which include 
 83-17      full-time equivalent nonresident students, whether or 
 83-18      not such full-time equivalent nonresident students 
 83-19      attend school pursuant to a contract between local 
 83-20      school systems.  The full-time equivalent projection 
 83-21      shall be calculated in accordance with subsection (m) of 
 83-22      this Code section. The survey team will use such 
 83-23      projections in determining the improvements needed for 
 83-24      the five-year planning period.  The state board shall 
 83-25      also develop schedules for allowable square footage and 
 83-26      cost per square foot.  The cost estimate for each 
 83-27      recommended improvement included in the plan shall be 
 83-28      based on these schedules. Any increase in cost or square 
 83-29      footage for a project beyond that allowed by state board 
 83-30      schedules for such projects shall be the responsibility 
 83-31      of the local school system and shall not count toward 
 83-32      present or future required local participation.  The 
 83-33      schedules for allowable square footage and cost per 
 83-34      square foot shall be specified in regulations by the 
 83-35      State Board of Education; 
 
 83-36      (6) To adopt policies, standards, and guidelines to 
 83-37      ensure that the provisions of subsections (e), (f), (g), 
 83-38      (h), (i), (j), and (k.1) of this Code section relating 
 83-39      to uses of state capital outlay funds, state and local 
 83-40      share of costs, entitlements, allocation of capital 
 83-41      outlay funds, advance funding for certain construction 
 83-42      projects, exceptional growth construction projects, and 
 83-43      consolidation of schools across system lines are carried 
 83-44      out; 
 
 
 
 
                                 -83- 
 
 
 
 84- 1      (7) To review and approve proposed sites and all 
 84- 2      architectural and engineering drawings and 
 84- 3      specifications on construction projects for educational 
 84- 4      facilities to ensure compliance with state standards and 
 84- 5      requirements, and inspect and approve completed 
 84- 6      construction projects financed in whole or in part with 
 84- 7      state funds, except construction projects under 
 84- 8      supervision of the Georgia State Financing and 
 84- 9      Investment Commission. The state board may designate 
 84-10      selected local units of administration which have staff 
 84-11      qualified for such purposes to act on behalf of the 
 84-12      Department of Education in such inspections, when the 
 84-13      project is not under the direction of the Georgia State 
 84-14      Financing and Investment Commission; 
 
 84-15      (8) To coordinate construction project reviews with the 
 84-16      state fire marshal's office and the Department of Human 
 84-17      Resources; 
 
 84-18      (9) To provide procedures whereby local school systems 
 84-19      may revise their educational facilities plans or the 
 84-20      priority order of construction projects requested to 
 84-21      reflect unforeseen changes in locally identifiable 
 84-22      needs, which revisions shall be approved by the State 
 84-23      Board of Education, providing that such revisions meet 
 84-24      state and local building codes, fire marshal 
 84-25      certification, architectural requirements, and minimum 
 84-26      size requirements under subsection (q) of this Code 
 84-27      section; and 
 
 84-28      (10) To adopt uniform rules, regulations, policies, 
 84-29      standards, and criteria respecting all location, 
 84-30      construction, equipping, operating, maintenance, and use 
 84-31      of education facilities which are used as schools and 
 84-32      that are historic landmarks and which were are 
 84-33      registered as historic landmarks such on or before 
 84-34      December 31, 1994, with the National Register of 
 84-35      Historic Places or the Georgia Register of Historic 
 84-36      Places or are certified by the state historic 
 84-37      preservation officer as eligible for such registration 
 84-38      and the expenditure of capital outlay funds otherwise 
 84-39      available to a school system for such purposes. 
 
 84-40    (d) In order to qualify for and receive state capital 
 84-41    outlay funds in accordance with provisions of subsections 
 84-42    (g) and (h) of this Code section, each local school system 
 84-43    must meet the following conditions and requirements: 
 
 
 
                                 -84- 
 
 
 
 85- 1      (1) Prepare and annually update the real property 
 85- 2      inventory in accordance with provisions of subsection 
 85- 3      (c) of this Code section; 
 
 85- 4      (2) Complete a local educational facilities plan in 
 85- 5      accordance with provisions of subsection (c) of this 
 85- 6      Code section.  Each proposed construction project shall 
 85- 7      be identified according to the purposes for capital 
 85- 8      outlay funds as provided in subsection (e) of this Code 
 85- 9      section. Each local school system shall specify the 
 85-10      order of importance of all proposed construction 
 85-11      projects, giving priority to elementary school 
 85-12      construction projects. When two or more local school 
 85-13      systems agree on the need for a consolidation project 
 85-14      pursuant to subsection (e) of this Code section, the 
 85-15      estimated construction cost shall be prorated to the 
 85-16      participating local school systems and included with 
 85-17      their identification of needs in accordance with the 
 85-18      proportion of the number of students to be served from 
 85-19      each local school system; 
 
 85-20      (3) Prepare and annually update the local educational 
 85-21      facilities needs in accordance with provisions of 
 85-22      subsection (c) of this Code section; 
 
 85-23      (4) Complete a comprehensive educational facilities 
 85-24      survey at least once every five years in accordance with 
 85-25      provisions of subsection (c) of this Code section in 
 85-26      order to formulate plans for educational facilities to 
 85-27      house adequately the instructional program authorized by 
 85-28      this article. Prior to initiating the survey, the local 
 85-29      school system must file a written request with the State 
 85-30      Board of Education that a survey be done in its behalf 
 85-31      and recommending the individuals who will conduct it. 
 85-32      The cost of the survey shall be paid from local funds; 
 
 85-33      (5) Submit requests for capital outlay funds to the 
 85-34      Department of Education; 
 
 85-35      (6) Submit descriptions of proposed educational facility 
 85-36      sites and all architectural and engineering drawings and 
 85-37      specifications for educational facilities to the 
 85-38      Department of Education for review and approval in 
 85-39      accordance with provisions of subsection (c) of this 
 85-40      Code section; 
 
 85-41      (7) Revise the local educational facilities plan and 
 85-42      priority order of requested construction projects in 
 
 
 
                                 -85- 
 
 
 
 86- 1      accordance with provisions of subsection (c) of this 
 86- 2      Code section; 
 
 86- 3      (8) Provide required local participation; and 
 
 86- 4      (9) The Bryan County and Laurens County school systems 
 86- 5      shall be considered sparsity systems under Code Section 
 86- 6      20-2-292 due to barriers which divide each of the 
 86- 7      systems for the purpose of capital outlay funding. The 
 86- 8      State Board of Education shall not apply base size 
 86- 9      criteria or require other criteria under Code Section 
 86-10      20-2-292 to Bryan County and Laurens County when 
 86-11      qualifying requested construction projects under this 
 86-12      Code section. 
 
 86-13    (e) State capital outlay funds for educational facilities 
 86-14    appropriated in accordance with provisions of this Code 
 86-15    section shall be used for the following purposes: 
 
 86-16      (1) To provide construction projects needed because of 
 86-17      increased student enrollment or exceptional growth or to 
 86-18      replace educational facilities which have been abandoned 
 86-19      or destroyed by fire or natural disaster and which shall 
 86-20      consist of new buildings and facilities on new sites or 
 86-21      new additions to existing buildings and facilities, or 
 86-22      relocation of existing educational facilities or 
 86-23      portions thereof to different sites; 
 
 86-24      (2) To provide construction projects to renovate, 
 86-25      modernize, or replace educational facilities in order to 
 86-26      correct deficiencies which produce educationally 
 86-27      obsolete, unsafe, inaccessible, energy inefficient, or 
 86-28      unsanitary physical environments; 
 
 86-29      (3) To provide construction projects for new additions 
 86-30      to existing educational facilities or relocation of 
 86-31      existing educational facilities or portions thereof to 
 86-32      different sites in order to house changes in the 
 86-33      instructional program authorized and funded under 
 86-34      provisions of this article or new educational facilities 
 86-35      on new sites or new additions to existing ones as a 
 86-36      result of internal population shifts or changes in 
 86-37      attendance zones within the local school system; 
 
 86-38      (4) To provide construction projects to consolidate 
 86-39      educational facilities which have fewer pupils than 
 86-40      required for the minimum school population specified in 
 86-41      subsection (q) of this Code section or which are too 
 86-42      expensive to renovate or modernize due to obsolescence 
 
 
 
                                 -86- 
 
 
 
 87- 1      or location and which shall consist of new educational 
 87- 2      facilities on new sites, new additions to existing 
 87- 3      sites, or relocation of existing educational facilities 
 87- 4      or portions thereof to different sites; 
 
 87- 5      (5) To provide construction projects to consolidate the 
 87- 6      total student populations in elementary, middle, or high 
 87- 7      schools across local school system lines.  In such 
 87- 8      projects, there shall be no requirement to include a 
 87- 9      vocational wing as defined within the high school 
 87-10      structure but neither shall such vocational wing be 
 87-11      excluded for funding purposes; 
 
 87-12      (6) To reimburse local school systems for current 
 87-13      principal payments on local indebtedness for state 
 87-14      approved construction projects for educational 
 87-15      facilities.  No local school system may request funds 
 87-16      for the purposes of this paragraph unless and until all 
 87-17      construction projects identified in its construction 
 87-18      plan for the purposes of paragraphs (1) through (5) of 
 87-19      this subsection have been completed; and 
 
 87-20      (7) To provide construction projects to renovate or 
 87-21      modernize facilities which are historic landmarks and 
 87-22      are registered as such historic landmarks with the 
 87-23      National Register of Historic Places or the Georgia 
 87-24      Register of Historic Places or are certified by the 
 87-25      state historic preservation officer as eligible for such 
 87-26      registration in order to correct deficiencies which 
 87-27      produce educationally obsolete, unsafe, inaccessible, 
 87-28      energy inefficient, or unsanitary physical environments; 
 87-29      provided, however, that local school boards shall be 
 87-30      required to use the facility which is or is eligible to 
 87-31      be a historic landmark as a public school; and provided, 
 87-32      further, that facilities which are historic landmarks be 
 87-33      used as public schools and be registered as historic 
 87-34      landmarks on or before December 31, 1994. 
 87-35      Notwithstanding any other provisions of this Code 
 87-36      section and without regard to location or obsolescence, 
 87-37      the state board shall allocate funds to renovate and 
 87-38      modernize historic landmark facilities which meet the 
 87-39      requirements of this paragraph in an amount which is the 
 87-40      lesser of the cost of new construction to replace the 
 87-41      historic landmark or the actual cost of such renovation 
 87-42      and modernization; provided, however, that the renovated 
 87-43      facility has an extended life comparable to that of a 
 87-44      new facility; and provided, further, that the local 
 
 
 
                                 -87- 
 
 
 
 88- 1      school system shall provide the remaining necessary 
 88- 2      capital outlay funds to renovate the facility in 
 88- 3      accordance with all other requirements of this Code 
 88- 4      section.  No lottery proceeds shall be appropriated from 
 88- 5      the Lottery for Education Account to fund any project or 
 88- 6      purpose authorized by this paragraph." 
 
 88- 7    "(n) The State Board of Education shall request funds for 
 88- 8    capital outlay purposes as defined in subsections (a) 
 88- 9    through (j) of this Code section for each school system 
 88-10    and project, giving priority to elementary school 
 88-11    construction projects where practicable.  For each 
 88-12    project, the state board shall present to the Education 
 88-13    and Appropriations committees of the House of 
 88-14    Representatives and the Senate of the General Assembly by 
 88-15    object of expenditure all costs contributing to the 
 88-16    construction project.  This itemization shall include, but 
 88-17    not be limited to, architectural fees, new construction, 
 88-18    modification, and renovation costs for the project. 
 88-19    Itemization for additions, modifications, and renovations 
 88-20    shall include type of classrooms by purpose, estimated 
 88-21    square footages, and costs for hallways, restrooms, 
 88-22    administrative offices, lunchrooms, and media centers. 
 88-23    Costs for new facilities shall be budgeted by the current 
 88-24    construction cost times the total square footage 
 88-25    required." 
 
 88-26                          SECTION 44. 
 
 88-27  Said chapter is further amended in Part 11 of Article 6, 
 88-28  relating to regional educational service agencies, by 
 88-29  striking in its entirety Code Section 20-2-270, relating to 
 88-30  the establishment of a state-wide network, and inserting in 
 88-31  lieu thereof a new Code Section 20-2-270 to read as follows: 
 
 88-32    "20-2-270. 
 
 88-33    (a) The State Board of Education shall establish a 
 88-34    state-wide network of regional educational service 
 88-35    agencies for the purposes of: providing shared services 
 88-36    designed to improve the effectiveness of educational 
 88-37    programs and services to local school systems; providing 
 88-38    instructional programs directly to selected public school 
 88-39    students in the state; and providing Georgia Learning 
 88-40    Resources System services.  The regional educational 
 88-41    service agencies established by the state board may 
 88-42    legally be referred to as 'RESA' or 'RESA's.'  The shared 
 
 
 
 
                                 -88- 
 
 
 
 89- 1    services to member local school systems shall include the 
 89- 2    following assistance:  
 
 89- 3      (1) Identifying or conducting research related to 
 89- 4      educational improvements and in planning for the 
 89- 5      implementation of such improvements;  
 
 89- 6      (2) Developing and implementing staff development 
 89- 7      programs;  
 
 89- 8      (3) Developing and implementing curricula and 
 89- 9      instruction of the highest quality possible, including 
 89-10      implementing the uniformly sequenced core curriculum 
 89-11      adopted by the state board;  
 
 89-12      (4) Developing and implementing assessment and 
 89-13      evaluation programs;  
 
 89-14      (5) Identifying and utilizing electronic technology, 
 89-15      including computers, in an effort to improve the quality 
 89-16      of classroom instruction as well as classroom, school, 
 89-17      and school system management; and  
 
 89-18      (6) Developing programs, resource materials, and staff 
 89-19      development services relating to instruction on alcohol 
 89-20      and drug abuse.  
 
 89-21    The shared services may also include assistance designed 
 89-22    to address documented local needs pursuant to subsection 
 89-23    (d) of Code Section 20-2-272. 
 
 89-24    (b) Beginning July 1, 1996, the state board shall make the 
 89-25    service areas for the Georgia Learning Resources System 
 89-26    compatible with the service areas for the RESA's.  The 
 89-27    RESA's are designated as the fiscal agents for the agency 
 89-28    of the Georgia Learning Resources System or a local board 
 89-29    of education as identified by the State Board of Education 
 89-30    through an annual contract to serve as fiscal agent for 
 89-31    the Georgia Learning Resources System.  All member and 
 89-32    nonmember local school systems shall be provided the 
 89-33    services of the Georgia Learning Resources System. The 
 89-34    State Board of Education shall establish the service area 
 89-35    of each regional educational service agency as a 
 89-36    geographically defined area of the state.  All local 
 89-37    school systems, Department of Technical and Adult 
 89-38    Education facilities and institutions, and University 
 89-39    System of Georgia facilities and institutions that are 
 89-40    located in the designated geographical area shall be 
 89-41    members of that regional educational service agency. 
 
 
 
                                 -89- 
 
 
 
 90- 1    (c) The Psychoeducational Network for severely emotionally 
 90- 2    disturbed students shall be continued in effect.  The 
 90- 3    service areas of units of the Psychoeducational Network 
 90- 4    for severely emotionally disturbed students in place on 
 90- 5    January 1, 1995, shall be continued in effect.  The fiscal 
 90- 6    agent for each service area shall be as in effect on 
 90- 7    January 1, 1995, unless changed as provided in this 
 90- 8    subsection.  Upon the request of a majority of the local 
 90- 9    school superintendents of the local school systems within 
 90-10    a service area, representatives of each of the local 
 90-11    school systems in the respective service area shall vote 
 90-12    in the manner and at the time prescribed by the state 
 90-13    board to determine if one of the local school systems or 
 90-14    the regional educational service agency serving the 
 90-15    respective service area shall serve as the fiscal agent 
 90-16    for the respective unit of the Psychoeducational Network 
 90-17    for the ensuing fiscal year.  In the event this vote 
 90-18    results in a change in the fiscal agent for the respective 
 90-19    unit, the new fiscal agent shall continue in this capacity 
 90-20    for a minimum of three fiscal years.  In the event a 
 90-21    regional educational service agency is designated as the 
 90-22    fiscal agent for a service area, all member and nonmember 
 90-23    local school systems shall be provided the services of the 
 90-24    Psychoeducational Network. Every state supported 
 90-25    postsecondary institution shall be an active member of a 
 90-26    regional educational service agency. 
 
 90-27    (d) Each regional educational service agency and its 
 90-28    employees shall be subject to or exempt from taxation in 
 90-29    the same manner as are school systems and school system 
 90-30    employees. 
 
 90-31    (e) All employees and volunteers of a regional educational 
 90-32    service agency shall be immune from liability to the same 
 90-33    extent as are employees and volunteers of a school 
 90-34    system." 
 
 90-35                          SECTION 45. 
 
 90-36  Said chapter is further amended in Part 11 of Article 6, 
 90-37  relating to regional educational service agencies, by adding 
 90-38  a new Code Section 20-2-270.1 to read as follows: 
 
 90-39    "20-2-270.1. 
 
 90-40    (a) Each regional educational service agency shall provide 
 90-41    the following shared services to member local school 
 90-42    systems: 
 
 
 
                                 -90- 
 
 
 
 91- 1      (1) Identifying or conducting research related to 
 91- 2      educational improvements and in planning for the 
 91- 3      implementation of such improvements; 
 
 91- 4      (2) Developing and implementing staff development 
 91- 5      programs with an emphasis on improving student 
 91- 6      achievement and school accountability; 
 
 91- 7      (3) Developing and implementing curricula and 
 91- 8      instruction of the highest quality possible, including 
 91- 9      implementing the uniformly sequenced core curriculum 
 91-10      adopted by the state board; 
 
 91-11      (4) Developing and implementing academic assessment and 
 91-12      evaluation programs; 
 
 91-13      (5) Identifying and utilizing electronic technology, 
 91-14      including computers, in an effort to improve the quality 
 91-15      of classroom instruction as well as classroom, school, 
 91-16      and school system management; 
 
 91-17      (6) Developing programs, resource materials, and staff 
 91-18      development services relating to instruction on alcohol 
 91-19      and drug abuse; and 
 
 91-20      (7) Assistance in the development and implementation of 
 91-21      a state-wide mentoring program. 
 
 91-22    The shared services may also include assistance designed 
 91-23    to address documented local needs pursuant to subsection 
 91-24    (d) of Code Section 20-2-272. 
 
 91-25    (b) The state board shall make the service areas for the 
 91-26    Georgia Learning Resources System congruous with the 
 91-27    service areas for the RESA's. The RESA's are designated as 
 91-28    the fiscal agents for the agency of the Georgia Learning 
 91-29    Resources System or a local board of education as 
 91-30    identified by the State Board of Education through an 
 91-31    annual contract to serve as fiscal agent for the Georgia 
 91-32    Learning Resources System. All member local school systems 
 91-33    shall be provided the services of the Georgia Learning 
 91-34    Resources System. 
 
 91-35    (c) The Psychoeducational Network for severely emotionally 
 91-36    disturbed students shall be continued in effect. The 
 91-37    service areas of units of the Psychoeducational Network 
 91-38    for severely emotionally disturbed students in place on 
 91-39    January 1, 1995, shall be continued in effect. The fiscal 
 91-40    agent for each service area shall be as in effect on 
 91-41    January 1, 1995, unless changed as provided in this 
 
 
 
                                 -91- 
 
 
 
 92- 1    subsection. Upon the request of a majority of the local 
 92- 2    school superintendents of the local school systems within 
 92- 3    a service area, representatives of each of the local 
 92- 4    school systems in the respective service area shall vote 
 92- 5    in the manner and at the time prescribed by the state 
 92- 6    board to determine if one of the local school systems or 
 92- 7    the regional educational service agency serving the 
 92- 8    respective service area shall serve as the fiscal agent 
 92- 9    for the respective unit of the Psychoeducational Network 
 92-10    for the ensuing fiscal year. In the event this vote 
 92-11    results in a change in the fiscal agent for the respective 
 92-12    unit, the new fiscal agent shall continue in this capacity 
 92-13    for a minimum of three fiscal years. In the event a 
 92-14    regional educational service agency is designated as the 
 92-15    fiscal agent for a service area, all member local school 
 92-16    systems shall be provided the services of the 
 92-17    Psychoeducational Network." 
 
 92-18                          SECTION 46. 
 
 92-19  Said chapter is further amended by striking in its entirety 
 92-20  Code Section 20-2-271, relating to the establishment of 
 92-21  service areas for regional educational service agencies, 
 92-22  which reads as follows: 
 
 92-23    "20-2-271. 
 
 92-24    (a) The State Board of Education shall establish the 
 92-25    service area of each regional educational service agency 
 92-26    as a single geographical area that contains the entire 
 92-27    area of several local school systems.  To the extent 
 92-28    feasible and practical, all such service areas shall be 
 92-29    homogeneous in terms of the number of local school 
 92-30    systems, the number of public schools, the number of 
 92-31    students, the number of square miles within the service 
 92-32    area, and any other factors specified by the state board; 
 92-33    provided, however, that the service area for metropolitan 
 92-34    Atlanta may be an exception due to the high density of 
 92-35    students per square mile.  The total number of such 
 92-36    service areas shall be as small as possible to ensure cost 
 92-37    effectiveness of its operation; however, the number shall 
 92-38    be large enough to minimize excessive travel time when 
 92-39    providing shared services within any such service area. 
 92-40    Each local school system in this state shall be assigned 
 92-41    to one of these service areas. 
 
 92-42    (b) Each local board of education of a local school system 
 92-43    which elects not to be a member of the regional 
 
 
 
                                 -92- 
 
 
 
 93- 1    educational service agency in its designated service area 
 93- 2    during the ensuing fiscal year shall approve a resolution 
 93- 3    to that effect and forward a copy of said resolution to 
 93- 4    the State Board of Education and the board of control of 
 93- 5    the regional agency by January 15.  Such action shall be 
 93- 6    required annually." 
 
 93- 7  and inserting in lieu thereof a new Code Section 20-2-271 to 
 93- 8  read as follows: 
 
 93- 9    "20-2-271. 
 
 93-10    (a) Each regional educational service agency shall 
 93-11    annually develop and submit to the Department of Education 
 93-12    for approval, with a copy to the Education Coordinating 
 93-13    Council, a regional plan for improvement of educational 
 93-14    efficiency and cost effectiveness of its member 
 93-15    institutions.  Each plan must include the purposes and 
 93-16    description of the services the regional educational 
 93-17    service agency will provide to schools identified as 
 93-18    low-performing based on the indicators adopted under Code 
 93-19    Section 20-14-33 and to other schools. 
 
 93-20    (b) By July 1, 2002, each regional educational service 
 93-21    agency shall introduce and provide core services for 
 93-22    member local school systems and schools and provide core 
 93-23    services for purchase by local school systems and schools 
 93-24    which are not members of that regional educational service 
 93-25    agency.  These core services shall include the following: 
 
 93-26      (1) Training and assistance in teaching each subject 
 93-27      area assessed under Code Section 20-2-281; 
 
 93-28      (2) Assistance specifically designed for any school that 
 93-29      is rated academically failing under Code Section 
 93-30      20-14-33; 
 
 93-31      (3) Training and assistance to teachers, administrators, 
 93-32      members of local boards of education, and members of 
 93-33      local school councils on school-based decision making 
 93-34      and control; and 
 
 93-35      (4) Assistance in complying with applicable  state laws 
 93-36      and rules of the State Board of Education and the 
 93-37      Educational Coordinating Council. 
 
 93-38    Nothing in this Code section shall be construed to limit 
 93-39    the freedom of a school system or school to purchase or 
 93-40    refuse to purchase any core service from any regional 
 93-41    educational service agency in this state. 
 
 
 
                                 -93- 
 
 
 
 94- 1    (c) As part of the assistance provided by a regional 
 94- 2    educational service agency under this Code section, each 
 94- 3    regional educational service agency shall provide for the 
 94- 4    establishment of instructional care teams.  Upon 
 94- 5    determining that a school under its management and control 
 94- 6    is consistently underperforming or is otherwise 
 94- 7    educationally deficient, a local board of education may 
 94- 8    request through a regional educational service agency the 
 94- 9    appointment of an instructional care team for that school. 
 94-10    The instructional care team shall consist of such number 
 94-11    of persons with such experience as a principal, teacher, 
 94-12    or other education personnel so as to best address the 
 94-13    needs of the school.  Such instructional care team shall 
 94-14    conduct an investigation into such aspects of instruction 
 94-15    at the school as requested by the local board, prepare a 
 94-16    written evaluation of such aspects of the school, and make 
 94-17    nonbinding recommendations to the local board regarding 
 94-18    improvements at the school.  Such investigations, 
 94-19    evaluations, and recommendations shall focus on, but not 
 94-20    be limited to, instruction in mathematics, science, 
 94-21    reading and other English courses, and social studies. 
 94-22    Instructional care teams may also provide long-term and 
 94-23    short-term follow-up assistance, such as but not limited 
 94-24    to instruction, instructional assistance, and professional 
 94-25    and staff development.  Each regional educational service 
 94-26    agency shall develop a registry or listing of potential 
 94-27    instructional care team members, together with their areas 
 94-28    of expertise, who may be available to member or nonmember 
 94-29    local school systems for service on instructional care 
 94-30    teams.  Each regional educational service agency shall 
 94-31    promulgate rules and regulations for the purchase of the 
 94-32    services of an instructional care team, provided that 
 94-33    nothing in this Code section shall prevent regional 
 94-34    educational service agencies from entering into 
 94-35    cooperative arrangements for the mutual exchange of such 
 94-36    services.  Subject to appropriation by the General 
 94-37    Assembly, regional educational service agencies may be 
 94-38    provided grants for the purpose of facilitating the 
 94-39    development and implementation of instructional care 
 94-40    teams. 
 
 94-41    (d) Each regional educational service agency may provide 
 94-42    any additional service and any assistance to its member 
 94-43    systems, as determined by the board of control.  Each 
 94-44    regional educational service agency may offer any service 
 94-45    and form of assistance provided for in this Code section 
 
 
 
                                 -94- 
 
 
 
 95- 1    for purchase by any local school system or school in this 
 95- 2    state. 
 
 95- 3    (e) Pursuant to rules and regulations developed by the 
 95- 4    Professional Standards Commission, each regional 
 95- 5    educational service agency shall develop programs for 
 95- 6    nontraditional alternative routes to state teacher 
 95- 7    certification as an alternative to traditional educator 
 95- 8    preparation, with special consideration provided to 
 95- 9    critical field shortages in its regional teaching work 
 95-10    force. 
 
 95-11    (f) Each regional educational service agency may acquire, 
 95-12    lease, purchase, lease purchase, or dispose of real or 
 95-13    personal property and may incur debts for those purposes, 
 95-14    subject to the approval of such agency's board of control. 
 95-15    Such property shall be held in the name of the regional 
 95-16    educational service agency." 
 
 95-17                          SECTION 47. 
 
 95-18  Said chapter is further amended by striking in its entirety 
 95-19  Code Section 20-2-272, relating to regional educational 
 95-20  service agency boards of control, and inserting in lieu 
 95-21  thereof a new Code Section 20-2-272 to read as follows: 
 
 95-22    "20-2-272. 
 
 95-23    (a) Each regional educational service agency shall be 
 95-24    governed by a board of control.  The number of members and 
 95-25    terms of office shall be prescribed by the State Board of 
 95-26    Education; provided, however, that on On and after July 1, 
 95-27    1996 2000, the school superintendent of each member school 
 95-28    system or his or her designee , the president or highest 
 95-29    administrator of each member postsecondary institution, 
 95-30    and a local public or regional library director appointed 
 95-31    by the director of the Office of Public Library Services 
 95-32    of the Board of Regents of the University System of 
 95-33    Georgia shall serve as a member of the board of control. 
 95-34    At least one-third of the membership of each board of 
 95-35    control shall be individuals who hold no other public 
 95-36    office, who are not employees of any local unit of 
 95-37    administration, and who are not employees of the 
 95-38    Department of Education. The members of the board of 
 95-39    control shall be elected by an annual caucus of an equal 
 95-40    number of members of local boards of education from the 
 95-41    respective member local school systems. The state board 
 95-42    shall also prescribe an equal number of local board 
 
 
 
                                 -95- 
 
 
 
 96- 1    members from each member local school system to 
 96- 2    participate in said caucus. 
 
 96- 3    (b) All laws and the policies and regulations of the State 
 96- 4    Board of Education applicable to local school systems and 
 96- 5    local boards of education shall be applicable, when 
 96- 6    appropriate, to the regional educational service agencies 
 96- 7    and their boards of control unless explicitly stated 
 96- 8    otherwise in this part.  No board of control shall hold 
 96- 9    title to real property or levy or collect any taxes.  No 
 96-10    board of control shall expend or contract to expend any 
 96-11    funds beyond the amount of funds that the board of control 
 96-12    is legally authorized to receive and will, in fact, 
 96-13    receive, except as otherwise provided in this part.  Each 
 96-14    board of control shall submit an annual report and an 
 96-15    annual budget to the state board, in the manner prescribed 
 96-16    by the state board, for review and approval. 
 
 96-17    (c) The State Board of Education shall be responsible for 
 96-18    assuring that the activities of each regional educational 
 96-19    service agency and its board of control established under 
 96-20    this part conform to both the Constitution and laws of 
 96-21    Georgia, as well as the policies and regulations of the 
 96-22    state board.  The State School Superintendent shall report 
 96-23    to the General Assembly, pursuant to subsection (d) of 
 96-24    Code Section 20-2-282, the results of any comprehensive 
 96-25    evaluations of regional educational service agencies, the 
 96-26    status of each such agency, and the progress each 
 96-27    nonstandard agency has made toward addressing identified 
 96-28    deficiencies. 
 
 96-29    (d) Boards of control shall determine the assistance 
 96-30    needed by local school systems in the area served by each 
 96-31    regional educational service agency, establish priorities 
 96-32    from those needs, and allocate resources accordingly. 
 96-33    Boards of control shall annually review the progress and 
 96-34    cost effectiveness and efficiency of such agencies by 
 96-35    relating outputs to dollar inputs.  Boards of control 
 96-36    shall determine the procedures and activities by which 
 96-37    each regional educational service agency achieves locally 
 96-38    established objectives and shall establish job 
 96-39    descriptions, personnel qualifications, and work schedules 
 96-40    consistent with locally established priorities and 
 96-41    objectives. 
 
 96-42    (e) In the event the State Board of Education adopts a 
 96-43    policy to reorganize the service areas of regional 
 96-44    educational service agencies pursuant to subsection (a) of 
 
 
                                 -96- 
 
 
 
 97- 1    Code Section 20-2-271 20-2-270 effective July 1 of a 
 97- 2    fiscal year, members of boards of control during the 
 97- 3    preceding fiscal year shall constitute planning boards for 
 97- 4    the respective service areas to be established the ensuing 
 97- 5    July 1.  Each planning board shall have the authority to 
 97- 6    establish the location or locations of the office or 
 97- 7    offices of its regional educational service agency 
 97- 8    effective the ensuing July 1, to issue contracts with a 
 97- 9    director and other agency staff to be employed effective 
 97-10    the ensuing fiscal year, to assess the needs of all 
 97-11    potential member local school systems, to prepare 
 97-12    operational plans and budgets for the ensuing fiscal year, 
 97-13    to establish the manner by which the local share of the 
 97-14    budget will be assessed to potential member local school 
 97-15    systems, and to make any other such decisions that the 
 97-16    state board deems necessary for an orderly transition of 
 97-17    service areas for regional educational service agencies. 
 97-18    Such decisions shall be adopted by these planning boards 
 97-19    prior to December 15 of the fiscal year preceding the 
 97-20    effective date for reorganization of the service areas, in 
 97-21    order that each local school system will have the 
 97-22    information needed to make an informed decision relative 
 97-23    to membership in its respective regional educational 
 97-24    service area pursuant to subsection (b) of Code Section 
 97-25    20-2-271 on or before January 15 of that fiscal year.  Any 
 97-26    such planning board shall be authorized to amend, prior to 
 97-27    April 15 of that fiscal year, any such decisions which are 
 97-28    necessary as the result of the actions of the General 
 97-29    Assembly during its regular session during that fiscal 
 97-30    year.  In the event a planning board has amended one or 
 97-31    more decisions pursuant to this provision, each local 
 97-32    school system within the service area of such planning 
 97-33    board shall be authorized to reverse its decision relative 
 97-34    to membership for the ensuing fiscal year prior to May 15 
 97-35    of that fiscal year, pursuant to procedures specified in 
 97-36    subsection (b) of Code Section 20-2-271." 
 
 97-37                          SECTION 48. 
 
 97-38  Said chapter is further amended by striking subsection (b) 
 97-39  of Code Section 20-2-273, relating to directors and staff of 
 97-40  regional educational service agencies, and inserting in lieu 
 97-41  thereof a new subsection (b) to read as follows: 
 
 97-42    "(b) The regional educational service agency staff shall 
 97-43    consist of those individuals authorized by the board of 
 
 
 
 
                                 -97- 
 
 
 
 98- 1    control to provide the instructional and support services 
 98- 2    prescribed in Code Section 20-2-270 this part." 
 
 98- 3                          SECTION 49. 
 
 98- 4  Said chapter is further amended in Code Section 20-2-274, 
 98- 5  relating to state-wide and local program grants to regional 
 98- 6  educational service agencies, by striking subsection (a) and 
 98- 7  inserting in lieu thereof a new subsection (a) to read as 
 98- 8  follows: 
 
 98- 9    "(a) The state board shall be authorized to provide each 
 98-10    regional educational service agency with a uniform 
 98-11    state-wide needs program grant and a documented local 
 98-12    needs program grant, subject to appropriation by the 
 98-13    General Assembly. The uniform state-wide needs program 
 98-14    grant shall consist of two components: the same fixed 
 98-15    amount for each regional educational service agency; and 
 98-16    an amount which reflects the number of local school 
 98-17    systems, the number of schools, the number of students, 
 98-18    and the number of square miles contained collectively 
 98-19    within its member local school systems.  Each regional 
 98-20    educational service agency shall be required to match the 
 98-21    uniform state-wide needs program grant with an amount of 
 98-22    funds equal to one-fourth of this grant.  The uniform 
 98-23    state-wide needs grant and its matching local funds shall 
 98-24    be used to finance the basic administrative overhead of 
 98-25    the regional educational service agencies and to provide 
 98-26    the areas of assistance specified in subsection (a) of 
 98-27    Code Section 20-2-270 Code Sections 20-2-270.1 and 
 98-28    20-2-271.  The amount of funds granted to each regional 
 98-29    educational service agency for the documented local needs 
 98-30    program grant shall depend upon the proportion that the 
 98-31    number of local school systems, number of schools, number 
 98-32    of students, and number of square miles contained 
 98-33    collectively within its member local school systems are of 
 98-34    these respective factors state wide, as well as the 
 98-35    adopted operational plan and the budget designed to 
 98-36    address documented needs for assistance to member local 
 98-37    school systems.  Each regional educational service agency 
 98-38    shall be required to match the documented local needs 
 98-39    program grant with an amount of funds equal to two-thirds 
 98-40    of that grant. The state board shall provide grants to 
 98-41    regional educational service agencies for Georgia Learning 
 98-42    Resources Systems or to a local school system contracted 
 98-43    to be a fiscal agent for a Georgia Learning Resources 
 98-44    System.  Each board of control shall be authorized to 
 
 
 
                                 -98- 
 
 
 
 99- 1    adopt the manner by which each member local school system 
 99- 2    shall be assessed its share of the uniform state-wide 
 99- 3    needs program and the documented local needs program; 
 99- 4    provided, however, that member local school systems shall 
 99- 5    not be allowed to use funds received under the provisions 
 99- 6    of this article for this purpose.  The state board shall 
 99- 7    grant the regional educational service agency the funds 
 99- 8    needed to provide services to all local school systems in 
 99- 9    the service area of the Georgia Learning Resources System 
 99-10    designated as the fiscal agent or to any local school 
 99-11    system contracted to serve as the fiscal agent for a 
 99-12    Georgia Learning Resource System as well as the grants 
 99-13    authorized previously by this subsection.  All other 
 99-14    financing will be based on contracts to supply service 
 99-15    programs to member local school systems.  The funds for 
 99-16    these programs, upon a contract approval basis, may be 
 99-17    derived from local, state, federal, or private sources." 
 
 99-18                          SECTION 50. 
 
 99-19  Said chapter is further amended by striking and reserving in 
 99-20  its entirety Code Section 20-2-280, relating to long-term 
 99-21  strategic plans, which reads as follows: 
 
 99-22    "20-2-280. 
 
 99-23    The State Board of Education shall adopt a state-wide 
 99-24    long-term strategic plan which is reflective of the 
 99-25    educational programs and services and other public 
 99-26    educational functions which need improvement state wide or 
 99-27    in selected areas of the state and which contains the 
 99-28    priorities and planned actions designed to address such 
 99-29    needs.  Each local school system shall develop and adopt a 
 99-30    system-wide long-term strategic plan which is reflective 
 99-31    of the priorities contained in the state-wide long-term 
 99-32    strategic plan adopted by the state board and such needs 
 99-33    for improving educational programs and services system 
 99-34    wide or in specific schools as were identified through an 
 99-35    in-depth self-study or an evaluation by the Department of 
 99-36    Education pursuant to Code Section 20-2-282. Each 
 99-37    long-term state and local strategic plan shall contain a 
 99-38    description of assessed needs, a list of planned 
 99-39    improvements of educational programs or services designed 
 99-40    to address the assessed needs, a list of the goals for the 
 99-41    programs or services to be improved, a list of objectives 
 99-42    determined from these goals, a course of action for 
 99-43    achieving the planned improvements including an 
 99-44    implementation timetable, an evaluation system to 
 
 
                                 -99- 
 
 
 
100- 1    determine if the objectives in the plan are being 
100- 2    attained, and such other items as the state board may deem 
100- 3    necessary.  The state board shall prescribe the method by 
100- 4    which such strategic plans shall be submitted and reviewed 
100- 5    for approval. To the extent deemed reasonable and 
100- 6    appropriate by the state board, this Code section shall 
100- 7    apply to regional educational service agencies." 
 
100- 8                          SECTION 51. 
 
100- 9  Said chapter is further amended by striking in its entirety 
100-10  Code Section 20-2-281, relating to the assessment of the 
100-11  effectiveness of educational programs under the "Quality 
100-12  Basic Education Act," and inserting in lieu thereof a new 
100-13  Code Section 20-2-281 to read as follows: 
 
100-14    "20-2-281. 
 
100-15    (a) The State Board of Education shall adopt a student 
100-16    assessment program consisting of instruments, procedures, 
100-17    and policies necessary to implement the program and shall 
100-18    fund all costs of providing and scoring such instruments, 
100-19    subject to appropriation by the General Assembly. 
100-20    Nationally norm-referenced instruments in reading, 
100-21    mathematics, science, and social studies shall be 
100-22    administered to students in grades three, five, and eight. 
100-23    The State Board of Education shall review, revise, and 
100-24    upgrade the quality core curriculum. Following the 
100-25    adoption of this revised curriculum, the State Board of 
100-26    Education shall contract for development of 
100-27    criterion-referenced competency tests to measure the 
100-28    quality core curriculum and such tests shall be 
100-29    administered to students in three grades not lower than 
100-30    grade three. Such tests in English and language arts, 
100-31    mathematics, and reading shall be administered annually to 
100-32    students in grades one through eight, and such tests in 
100-33    science and social studies shall be administered annually 
100-34    to students in grades three through eight. This action 
100-35    shall be completed within two years according to a 
100-36    schedule established by the State Board of Education.  A 
100-37    curriculum-based assessment shall be administered in grade 
100-38    11 for graduation purposes.  Writing assessments shall be 
100-39    administered to students in grades three, five, eight, and 
100-40    11.  The writing assessments shall provide students and 
100-41    their parents with performance outcome measures resulting 
100-42    from the administration of such tests. 
 
 
 
 
                                -100- 
 
 
 
101- 1    (b) The nationally normed assessments provided for in 
101- 2    subsection (a) of this Code section shall provide students 
101- 3    and their parents with grade equivalencies and percentile 
101- 4    ranks which result from the administration of such tests. 
101- 5    Criterion-referenced tests and the high school graduation 
101- 6    test provided for in subsection (a) of this Code section 
101- 7    shall provide for results that reflect student achievement 
101- 8    at the individual student, classroom, school, system, and 
101- 9    state levels.  The State Board of Education shall 
101-10    participate in the National Assessment of Educational 
101-11    Progress (NAEP) and may participate in any other tests 
101-12    that will allow benchmarking this state's performance 
101-13    against national or international performance.  The 
101-14    results of such testing shall be provided to the Governor, 
101-15    the General Assembly, and the State Board of Education and 
101-16    shall be reported to the citizens of Georgia.  Further, 
101-17    the state board shall adopt a school readiness assessment 
101-18    for students entering first grade and shall administer 
101-19    such assessment pursuant to paragraph (2) of subsection 
101-20    (b) of Code Section 20-2-151.  One of the components in 
101-21    both the comprehensive evaluation pursuant to Code Section 
101-22    20-2-282 and the awarding of salary supplements as part of 
101-23    a pay for performance or related plan pursuant to Code 
101-24    Section 20-2-213 or other Code sections under this article 
101-25    may be assessments of student achievement. 
 
101-26    (b.1) The State Board of Education shall notify local 
101-27    school systems and individual schools of the results of 
101-28    the assessment instruments administered under this Code 
101-29    section at the earliest possible date determined by the 
101-30    state board, but not later than the beginning of the 
101-31    subsequent school year. 
 
101-32    (c) The State Board of Education shall have the authority 
101-33    to condition the awarding of a high school diploma to a 
101-34    student upon achievement of satisfactory scores on 
101-35    instruments or tests adopted and administered by the state 
101-36    board pursuant to subsection (a) of this Code section. 
101-37    The state board is authorized and directed to adopt 
101-38    regulations providing that any disabled child, as defined 
101-39    by the provisions of this article, shall be afforded 
101-40    opportunities to take any test adopted by the state board 
101-41    as a condition for the awarding of a high school diploma. 
101-42    Said regulations shall further provide for appropriate 
101-43    accommodations in the administration of such test.  Said 
101-44    regulations shall further provide for the awarding of a 
101-45    special education diploma to any disabled student who is 
 
 
                                -101- 
 
 
 
102- 1    lawfully assigned to a special education program and who 
102- 2    does not achieve a passing score on said test or who has 
102- 3    not completed all of the requirements for a high school 
102- 4    diploma but who has nevertheless completed his or her 
102- 5    Individualized Education Program. 
 
102- 6      (d)(1) The State Board of Education shall develop or 
102- 7      adopt alternate assessments to be administered to each 
102- 8      student receiving special education services pursuant to 
102- 9      Code Section 20-2-152 who does not receive instruction 
102-10      in the essential knowledge and skills identified in the 
102-11      quality core curriculum developed pursuant to Code 
102-12      Section 20-2-140 and for whom the assessment instruments 
102-13      adopted under subsection (a) of this Code section, even 
102-14      with allowable modifications, would not provide an 
102-15      appropriate measure of student achievement, as 
102-16      determined by the student's Individualized Education 
102-17      Program team.  A student's Individualized Education 
102-18      Program may serve as an alternate assessment for that 
102-19      student.  Students with alternate assessments shall not 
102-20      be counted for the state accountability purposes 
102-21      provided for in this article. 
 
102-22      (2) A student's Individualized Education Program team 
102-23      shall determine appropriate participation in assessment 
102-24      and identify necessary accommodations in accordance with 
102-25      the federal Individuals with Disabilities Education Act. 
 
102-26    (e) The State Board of Education shall adopt end-of-course 
102-27    assessments for students in grades nine through 12 for all 
102-28    core subjects to be determined by the state board.  For 
102-29    those students with an Individualized Education Program, 
102-30    the student's Individualized Education Program team shall 
102-31    determine appropriate participation in assessments and 
102-32    identify necessary accommodations in accordance with the 
102-33    federal Individuals with Disabilities Education Act. 
 
102-34    (f) Under rules adopted by the State Board of Education, 
102-35    the Department of Education shall release the questions 
102-36    and answer keys to each criterion-referenced competency 
102-37    test administered under subsection (a) of this Code 
102-38    section and each end-of-course test administered under 
102-39    subsection (e) of this Code section after the last time 
102-40    the instrument is administered for a school year.  To 
102-41    ensure a valid bank of questions for use each year, the 
102-42    department is not required to release a question that is 
102-43    being field tested and was not used to compute the 
102-44    student's score on the instrument. 
 
 
                                -102- 
 
 
 
103- 1    (g) The State Board of Education, through the Department 
103- 2    of Education, shall administer the end-of-course 
103- 3    assessments for core subject areas as defined by state 
103- 4    board policy.  The state board shall promulgate a schedule 
103- 5    for the development and administration of all 
103- 6    end-of-course tests by December 1, 2000. 
 
103- 7    (h) The Department of Education shall develop study guides 
103- 8    for the criterion-referenced tests and end-of-course 
103- 9    assessments administered pursuant to subsections (a) and 
103-10    (e) of this Code section.  Each school system shall 
103-11    distribute the study guides to students who do not perform 
103-12    satisfactorily on one or more parts of an assessment 
103-13    instrument administered under this Code section and to the 
103-14    parents or guardians of such students. 
 
103-15      (i)(1) The high school graduation test provided for in 
103-16      subsection (a) of this Code section shall continue in 
103-17      effect until all high school core subject end-of-course 
103-18      assessments have been developed and implemented, at 
103-19      which time the state board shall discontinue the test 
103-20      according to a schedule to be determined by the state 
103-21      board. 
 
103-22      (2) The State Board of Education shall adopt rules 
103-23      regarding course exit requirements in regard to the 
103-24      implemented core subject end-of-course assessments 
103-25      before discontinuing the high school graduation test. 
 
103-26      (3) Local boards of education shall have the option of 
103-27      allowing scores on end-of-course assessments to be 
103-28      counted as part of a student's grade in the course. 
 
103-29      (j)(1) In addition to the assessment instruments adopted 
103-30      by the State Board of Education and administered by the 
103-31      Department of Education, a local school system may adopt 
103-32      and administer criterion-referenced or norm-referenced 
103-33      assessment instruments, or both, at any grade level. 
103-34      Such locally adopted assessment instruments may not 
103-35      replace the state's adopted assessment instruments for 
103-36      purposes of state accountability programs, except as 
103-37      otherwise provided in paragraph (2) of this subsection. 
103-38      A local school system shall be responsible for all costs 
103-39      and expenses incurred for locally adopted assessment 
103-40      instruments.  Students with Individualized Education 
103-41      Programs must be included in the locally adopted 
103-42      assessments or provided an alternate assessment in 
 
 
 
 
                                -103- 
 
 
 
104- 1      accordance with the federal Individuals with 
104- 2      Disabilities Education Act. 
 
104- 3      (2) The State Board of Education shall have the 
104- 4      authority to grant waivers until Fiscal Year 2003 to 
104- 5      local boards of education exempting said boards from the 
104- 6      administration of the state criterion-referenced 
104- 7      competency tests at any or all of the subject areas and 
104- 8      grade levels for which the local board of education 
104- 9      implements a locally developed criterion-referenced 
104-10      competency test or tests based on the Quality Core 
104-11      Curriculum which increases the expectations for student 
104-12      achievement beyond that of the applicable state 
104-13      criterion-referenced competency test or tests and meets 
104-14      all other requirements of this Code section, including 
104-15      reliability and validity requirements, with the 
104-16      exception of subsection (f) of this Code section.  Local 
104-17      boards of education with such waivers shall submit to 
104-18      the State Board of Education school and local school 
104-19      system score reports of the locally developed 
104-20      criterion-referenced competency tests. 
 
104-21    (k) In adopting academic skills assessment instruments 
104-22    under this Code section, the State Board of Education or 
104-23    local school system shall ensure the security of the 
104-24    instruments in their preparation, administration, and 
104-25    scoring.  Notwithstanding any other provision of law, 
104-26    meetings or portions of meetings held by the state board 
104-27    or a local board of education at which individual 
104-28    assessment instruments or assessment instrument items are 
104-29    discussed or adopted shall not be open to the public, and 
104-30    the assessment instruments or assessment instrument items 
104-31    shall be confidential. 
 
104-32    (l) The results of individual student performance on 
104-33    academic skills assessment instruments administered under 
104-34    this Code section shall be confidential and may be 
104-35    released only in accordance with the federal Family 
104-36    Educational Rights and Privacy Act of 1974, 20 U.S.C. 
104-37    Section 1232g. 
 
104-38    (m) Overall student performance data shall be 
104-39    disaggregated by ethnicity, sex, socioeconomic status, 
104-40    disability, language proficiency, grade level, subject 
104-41    area, school, and system. 
 
104-42    (n) Student performance data shall be made available to 
104-43    the public, with appropriate interpretations, by the State 
 
 
 
                                -104- 
 
 
 
105- 1    Board of Education, the Office of Education 
105- 2    Accountability, and local school system.  The information 
105- 3    made available to the public shall not contain the names 
105- 4    of individual students or teachers. 
 
105- 5    (d) Subject to appropriations by the General Assembly, the 
105- 6    State Board of Education, in addition to the assessment 
105- 7    program provided for in subsection (a) of this Code 
105- 8    section, shall provide each local school system funds to 
105- 9    be used for additional assessment as deemed necessary and 
105-10    appropriate by the local school system.  The additional 
105-11    funds shall be calculated based on the number of FTE 
105-12    student counts reported for the preceding school year. 
 
105-13    (e)(o) Teachers in grades three one through 12 shall be 
105-14    offered the opportunity to participate annually in a staff 
105-15    development program on the use of tests within the 
105-16    instructional program designed to improve students' 
105-17    academic achievement.  This program shall instruct 
105-18    teachers on curriculum alignment related to tests, 
105-19    disaggregated student test data to identify student 
105-20    academic weaknesses by subtests, and other appropriate 
105-21    applications as determined by the State Board of 
105-22    Education." 
 
105-23                          SECTION 52. 
 
105-24  Said chapter is further amended by striking in their 
105-25  entirety Code Section 20-2-282, relating to comprehensive 
105-26  evaluations of public schools, local systems, and regional 
105-27  educational service agencies, and Code Section 20-2-283, 
105-28  relating to corrective plans for nonstandard local units of 
105-29  elementary and secondary educational administration and 
105-30  elementary and secondary schools, which read as follows: 
 
105-31    "20-2-282. 
 
105-32      (a)(1) The State Board of Education shall supervise a 
105-33      comprehensive evaluation of each public school, local 
105-34      school system, and regional educational service agency 
105-35      at least once every five years, except as provided in 
105-36      paragraph (4) of this subsection or subsection (e.1) of 
105-37      this Code section, concerning the following functions to 
105-38      the extent they are deemed by the state board to be 
105-39      appropriate and applicable to such units: 
 
105-40        (A) The extent to which the strategic plan has been 
105-41        effectively implemented; 
 
 
 
 
                                -105- 
 
 
 
106- 1        (B) The extent to which the uniformly sequenced core 
106- 2        curriculum adopted by the state board has been 
106- 3        effectively implemented; 
 
106- 4        (C) The extent of compliance with state laws and state 
106- 5        board prescribed policies, rules, regulations, 
106- 6        standards, and criteria; 
 
106- 7        (D) The effectiveness of educational programs and 
106- 8        services, including comparisons to student bodies 
106- 9        which are comparable in terms of demographic 
106-10        characteristics; 
 
106-11        (E) The effectiveness of annual personnel evaluation 
106-12        procedures and annual professional development plan 
106-13        procedures and the extent to which staff development 
106-14        programs effectively address deficiencies and other 
106-15        needs identified through these processes; 
 
106-16        (F) The accuracy of student count procedures; 
 
106-17        (G) The accuracy of fiscal procedures as they apply to 
106-18        implementing the state board prescribed program 
106-19        accounting systems and ensuring funds are expended for 
106-20        purposes authorized by state laws and state board 
106-21        policy and regulations; 
 
106-22        (H) The extent to which public awareness and 
106-23        information processes comply with state law and state 
106-24        board adopted policies and regulations; and 
 
106-25        (I) Such other functions deemed necessary by the state 
106-26        board for a full and comprehensive evaluation of such 
106-27        units. 
 
106-28      (2) Such comprehensive evaluations shall be conducted by 
106-29      certificated professional employees from other local 
106-30      units of administration, faculty members of colleges and 
106-31      universities, and citizens residing within the 
106-32      respective local units.  The number and role of such 
106-33      individuals shall be prescribed by the state board; 
106-34      provided, however, that such individuals shall be 
106-35      coordinated by professional evaluators.  The state board 
106-36      shall be authorized to require additional evaluations by 
106-37      the Department of Education. 
 
106-38      (3) The state board shall publish in the legal organ of 
106-39      the county where the local school system is located the 
106-40      result of the comprehensive evaluations, including a 
106-41      summary of any deficiencies and recommendations for 
 
 
 
                                -106- 
 
 
 
107- 1      addressing said deficiencies.  The State School 
107- 2      Superintendent shall annually report to the Governor and 
107- 3      the General Assembly concerning the results of all 
107- 4      state-wide assessments of student achievement; the 
107- 5      status of each public school, local school system, and 
107- 6      regional educational service agency; and the progress 
107- 7      each nonstandard unit has made toward addressing 
107- 8      identified deficiencies.  Copies of such reports shall 
107- 9      be made available upon request.  The State School 
107-10      Superintendent shall be authorized to require local 
107-11      school superintendents and directors of regional 
107-12      educational service agencies to provide such reports as 
107-13      deemed necessary for the effective operation of public 
107-14      education in this state. The State School Superintendent 
107-15      shall compile an annual report in which shall be 
107-16      presented a statement of the condition and amount of all 
107-17      funds and property appropriated for the purpose of 
107-18      public education, a statement of the average cost per 
107-19      student of instruction in the state's public schools, 
107-20      and a statement of the number of children of school age 
107-21      in the state, with as much accuracy as possible. Such 
107-22      report shall be kept in the State School 
107-23      Superintendent's office and shall be available for 
107-24      public inspection during regular business hours. Copies 
107-25      of the report or portions of the report shall be made 
107-26      available on request. 
 
107-27      (4) Any school or school system that is accredited by 
107-28      the Southern Association of Colleges and Schools shall 
107-29      be exempt from the comprehensive evaluation required by 
107-30      paragraph (1) of this subsection. All such accreditation 
107-31      reports shall be kept on file with the Department of 
107-32      Education in lieu of the comprehensive evaluation, 
107-33      including any follow-up reports. Any such school or 
107-34      school system that is in a probationary status shall 
107-35      file all corrective plans, designed in conjunction with 
107-36      the accrediting agency, with the Department of 
107-37      Education.  Any school or school system that shall lose 
107-38      accreditation will be subject to the comprehensive 
107-39      evaluation specified in paragraph (1) of this 
107-40      subsection. 
 
107-41    (b) The State Board of Education is authorized to 
107-42    establish regional offices of the Department of Education, 
107-43    subject to appropriation by the General Assembly.  Should 
107-44    the state board establish such regional offices of the 
107-45    Department of Education, their service areas shall be 
 
 
                                -107- 
 
 
 
108- 1    congruous with the service areas of regional educational 
108- 2    service agencies as provided for in subsection (a) of Code 
108- 3    Section 20-2-271 and all employees of such regional 
108- 4    offices shall be employees of the Department of Education. 
 
108- 5    (c) The State Board of Education shall designate public 
108- 6    schools, local school systems, and regional educational 
108- 7    service agencies which receive satisfactory comprehensive 
108- 8    evaluations pursuant to subsection (a) of this Code 
108- 9    section as 'standard.'  The state board shall award 
108-10    certificates of acknowledgment for superior performance to 
108-11    all such units which receive superior comprehensive 
108-12    evaluations relative to units having comparable student 
108-13    bodies, shall provide such units, excluding the regional 
108-14    educational service agencies, with grants appropriated by 
108-15    the General Assembly for this purpose pursuant to the 
108-16    provisions for achievement grants in Code Section 
108-17    20-2-253, and shall designate such units as 'exemplary.' 
108-18    The state board shall designate all such units which 
108-19    receive unsatisfactory comprehensive evaluations relative 
108-20    to comparable units as 'nonstandard.' The state board 
108-21    shall adopt such criteria as necessary to determine the 
108-22    status of each unit under the comprehensive evaluation 
108-23    process. 
 
108-24    (d) Each local school system shall annually inform the 
108-25    citizens residing within its area and the State 
108-26    Superintendent of Schools concerning the collective 
108-27    achievement of enrolled students by school and system, 
108-28    costs of providing educational programs and services by 
108-29    system, and such other items as deemed necessary by the 
108-30    State Board of Education in the manner prescribed by the 
108-31    state board.  The state board shall publish annual 
108-32    profiles of all public schools and local school systems in 
108-33    the state.  A subcommittee of the task force established 
108-34    pursuant to subsection (a) of Code Section 20-2-320 made 
108-35    up of six members, one each representing the Governor's 
108-36    office, the House Research Office, the Senate Research 
108-37    Office, the Office of Planning and Budget, local school 
108-38    systems, and the Department of Education, shall recommend 
108-39    information to be included in the profiles. Such 
108-40    recommendations shall be submitted by the task force to 
108-41    the state board.  Profiles shall include, but shall not be 
108-42    limited to, information on: student achievement, which may 
108-43    include information related to test results, failure 
108-44    rates, and achievement of special honors or awards; 
108-45    student outcomes, which may include dropout rates and 
 
 
                                -108- 
 
 
 
109- 1    numbers, postsecondary enrollment rates, and participation 
109- 2    in developmental studies programs; demographic factors in 
109- 3    the student body, public school, and local school system, 
109- 4    which may include socioeconomic or other appropriate 
109- 5    demographic variables; financial and budget statistics, 
109- 6    which may include costs per student, expenditures by 
109- 7    program, and public school and local school system 
109- 8    percentages of federal, state, and local funding, and 
109- 9    aggregate and average salary information; faculty, 
109-10    administration, and employees, which may include faculty 
109-11    and administrator qualifications, assignments, experience, 
109-12    and certification; and curriculum and program offerings, 
109-13    which may include information on enrollment in grades, 
109-14    grade levels, courses, schools, and programs.  The state 
109-15    board shall publish the profiles in such a manner as to 
109-16    facilitate comparisons between demographically similar 
109-17    public schools and local school systems. The first 
109-18    profiles shall be published no later than December 31, 
109-19    1989, and annually thereafter, subject to appropriation by 
109-20    the General Assembly for this purpose. Data used in the 
109-21    profiles shall be collected through the state-wide 
109-22    comprehensive educational information network established 
109-23    pursuant to Code Section 20-2-320; provided, however, that 
109-24    prior to completion of the network the state board shall 
109-25    have the authority to specify data items which are to be 
109-26    collected by other means. The state board shall ensure 
109-27    that this information is as accurate as possible.  The 
109-28    task force subcommittee shall recommend data which are, at 
109-29    minimum, to be included in the profiles prior to 
109-30    completion of the network. In no event shall the state 
109-31    board require data to be collected for the sole purpose of 
109-32    the profiles created under this Code section prior to the 
109-33    completion of the state-wide comprehensive educational 
109-34    information network. The State School Superintendent shall 
109-35    also produce a state profile which shall be a summary of 
109-36    the local school system profiles and a comparison of 
109-37    demographically similar public schools and local school 
109-38    systems.  All profiles shall be kept at the Department of 
109-39    Education and shall be available for public inspection 
109-40    during regular business hours. Copies of the profiles or 
109-41    portions thereof shall be made available by the Department 
109-42    of Education to the public on request, subject to payment 
109-43    of an appropriate fee to cover the expense of publishing 
109-44    and distributing the profiles.  The state board shall 
109-45    provide free of charge to each local school system and 
109-46    each public school within the system a current copy of the 
 
 
                                -109- 
 
 
 
110- 1    state profile and the system's profile, including all 
110- 2    school profiles within that system. A complete current set 
110- 3    of the state profile and all school and system profiles 
110- 4    shall be provided by the state board free of charge to 
110- 5    each public library in the state, to the office of the 
110- 6    Governor, and to the House and Senate research offices. 
110- 7    Each local school system shall maintain a current copy of 
110- 8    its system profile in the central office and in each 
110- 9    school for public inspection and shall provide a copy of 
110-10    the profile to all news media organizations which publish 
110-11    or broadcast within its area.  Each local school system 
110-12    shall also make copies of its school and system profiles 
110-13    available to the public on request, subject to payment of 
110-14    a fee similar to that charged by the Department of 
110-15    Education.  Each public library shall make available for 
110-16    public inspection current copies of all school and system 
110-17    profiles. 
 
110-18    (e) The State Board of Education shall report to the 
110-19    education committees of the House of Representatives and 
110-20    the Senate on a semiannual basis as to the progress made 
110-21    on the implementation of this article.  The reports by the 
110-22    state board shall include any justification for problems 
110-23    with implementation of the Quality Basic Education 
110-24    Program, evaluation results, and any projected needs 
110-25    beyond base allocations which it anticipates will be 
110-26    requested through the appropriations process for local 
110-27    school systems to meet the intent of the General Assembly. 
110-28    The state board shall not include in any plan submitted to 
110-29    a federal agency any provision which commits future state 
110-30    funds beyond that which it normally receives annually 
110-31    through the Appropriations Act unless such plan also 
110-32    contains a provision which states that such initial and 
110-33    continuing commitment is contingent upon such funds being 
110-34    appropriated by the General Assembly. 
 
110-35    (e.1) The state board shall, subject to the requirements 
110-36    of subparagraph (a)(1)(D) of this Code section, establish 
110-37    criteria for determining whether local schools 
110-38    significantly exceed expectations based on performance of 
110-39    students in educational programs.  A school's expectation 
110-40    shall be calculated based on the demographic 
110-41    characteristics of its student body, so as to allow for 
110-42    comparisons between schools to be made on an equitable 
110-43    basis. Local schools which score in the highest 30 percent 
110-44    of a demographic group of comparable schools will be 
110-45    deemed to be significantly exceeding expectations in a 
 
 
                                -110- 
 
 
 
111- 1    given year and designated 'high-achieving exempt schools.' 
111- 2    Schools designated as high-achieving exempt schools will 
111- 3    not be subject to comprehensive evaluations for those 
111- 4    functions described in subparagraph (a)(1)(B), (a)(1)(C), 
111- 5    or (a)(1)(I) of this Code section, as long as the school 
111- 6    maintains the designation 'high-achieving exempt school.' 
111- 7    Schools and school systems which have had a standards 
111- 8    review within the last four years will continue on the 
111- 9    five-year cycle as mandated by law. 
 
111-10    (f) The State Board of Education shall prescribe such 
111-11    policies, procedures, and instruments as are deemed 
111-12    necessary for the effective implementation of this Code 
111-13    section.  Further, the state board shall revise state 
111-14    standards to the extent necessary to be consistent with 
111-15    this article. State standards shall be evaluated in terms 
111-16    of level of compliance or quality. 
 
111-17    20-2-283. 
 
111-18    (a) Each local unit of administration which is designated 
111-19    to be nonstandard or which operates one or more public 
111-20    schools so designated shall be required to submit to the 
111-21    State Board of Education for its approval a corrective 
111-22    plan designed to address all deficiencies identified 
111-23    pursuant to Code Section 20-2-282.  Such a corrective plan 
111-24    shall include a description of the actions to be taken to 
111-25    correct each deficiency, a designation of the resources 
111-26    which will be applied to these actions, the date on which 
111-27    each action shall be initiated and completed, the 
111-28    evaluation procedures to be used to assess progress, the 
111-29    technical assistance needed to execute the corrective plan 
111-30    and anticipated sources of such assistance, and such other 
111-31    items deemed necessary by the state board for an effective 
111-32    corrective plan.  It shall be the duty of regional 
111-33    educational service agencies to supply member local school 
111-34    systems and the Department of Education to supply to all 
111-35    local units of administration such technical assistance 
111-36    that they may need and request concerning the development 
111-37    and implementation of these corrective plans. 
 
111-38    (b) The State Board of Education shall review at least 
111-39    once every six months the progress of each nonstandard 
111-40    local unit of administration in implementing its state 
111-41    board approved corrective plan.  Such a review shall 
111-42    continue until the corrective plan has been fully 
111-43    implemented or the local unit has been redesignated by the 
111-44    state board as a standard or exemplary unit. 
 
 
                                -111- 
 
 
 
112- 1    (c) The State Board of Education shall conduct a 
112- 2    comprehensive evaluation pursuant to Code Section 20-2-282 
112- 3    of each local unit of administration which is designated 
112- 4    by the state board as nonstandard.  This evaluation shall 
112- 5    be conducted within two years after the state board has 
112- 6    approved its corrective plan. 
 
112- 7    (d) In the event the State Board of Education finds that 
112- 8    any local unit of administration is making unsatisfactory 
112- 9    progress relative to development or implementation of a 
112-10    corrective plan pursuant to this Code section, the state 
112-11    board shall be authorized to take one or a combination of 
112-12    the following actions: 
 
112-13      (1) Increase the local fair share of a local school 
112-14      system pursuant to Code Section 20-2-164 or the local 
112-15      share of a regional educational service agency pursuant 
112-16      to Code Section 20-2-274 by an amount deemed necessary 
112-17      by the state board to finance all resources and actions 
112-18      needed to correct identified deficiencies.  Such an 
112-19      amount of increased local funds shall be offset by a 
112-20      decrease in state funds in the same amount; 
 
112-21      (2) Require that a local unit of administration raise 
112-22      from local revenue sources an amount deemed necessary by 
112-23      the state board to finance all resources and actions 
112-24      needed to correct identified deficiencies.  Such an 
112-25      amount of local revenue shall be in excess of any local 
112-26      funds required to be raised by the local unit of 
112-27      administration under other provisions of this article. 
112-28      If such additional local revenue is not raised by the 
112-29      local unit of administration by a state board specified 
112-30      date, the state board shall have the authority to 
112-31      withhold state funds in accordance with Code Section 
112-32      20-2-243; or 
 
112-33      (3) File a civil action in the superior court of the 
112-34      county wherein a local school system or regional 
112-35      educational service agency office is located, requesting 
112-36      a determination of whether any member of the local board 
112-37      of education or the local school superintendent or any 
112-38      member of the regional educational service agency board 
112-39      of control or regional educational service agency 
112-40      director has by action or inaction prevented or delayed 
112-41      implementation of the corrective plan.  If the court 
112-42      finds that any such official has prevented or delayed 
112-43      implementation intentionally, the court may issue an 
112-44      order requiring the official or officials to implement 
 
 
                                -112- 
 
 
 
113- 1      the corrective plan.  The court shall have the power to 
113- 2      appoint a trustee to ensure the order of the court is 
113- 3      carried out.  Any expenses or costs incurred by the 
113- 4      trustee in carrying out duties assigned by the court 
113- 5      shall be paid from funds otherwise used to pay for 
113- 6      expenses incurred by board members.  If the court finds 
113- 7      that any such official is violating the order of the 
113- 8      court, the court may remove the official and appoint a 
113- 9      replacement until the vacancy can be filled as provided 
113-10      by law.  The court shall have such powers as are 
113-11      necessary to carry out the provisions of this 
113-12      subsection." 
 
113-13                          SECTION 53. 
 
113-14  Said chapter is further amended by striking in its entirety 
113-15  Code Section 20-2-284, relating to the Council for School 
113-16  Performance established under the "Quality Basic Education 
113-17  Act," which reads as follows: 
 
113-18    "20-2-284. 
 
113-19    (a) The General Assembly finds that a Council for School 
113-20    Performance would enhance the public's access to 
113-21    information concerning the performance of public schools 
113-22    and public school systems.  Such information shall measure 
113-23    outcomes of the state's investment in each public school 
113-24    and each public school system. Such information shall also 
113-25    specifically describe how each public school and each 
113-26    public school system has utilized moneys derived from the 
113-27    Georgia Lottery for Education. 
 
113-28    (b) As used in this Code section, the term 'council' means 
113-29    the Council for School Performance established in 
113-30    subsection (c) of this Code section. 
 
113-31    (c) There is created and established a Council for School 
113-32    Performance composed of seven members.  Six of the members 
113-33    shall be public members, four of whom shall be appointed 
113-34    by the Governor.  One public member shall be appointed by 
113-35    the Speaker of the House of Representatives and one public 
113-36    member shall be appointed by the President of the Senate, 
113-37    neither of which members shall be a member of the General 
113-38    Assembly.  The public members shall serve at the pleasure 
113-39    of the appointing authority.  The State School 
113-40    Superintendent shall serve as the seventh member and shall 
113-41    have the same vote on the council as any other member. 
 
 
 
 
                                -113- 
 
 
 
114- 1    (d) The Governor shall select a chairperson for the 
114- 2    council from among the six public members.  Four members 
114- 3    shall constitute a quorum for the transaction of business. 
114- 4    Members of the council shall receive no compensation for 
114- 5    their services upon the council but shall be entitled to 
114- 6    receive the travel allowance provided in Code Section 
114- 7    50-19-7 for their travel expenses when necessary in 
114- 8    carrying out the duties of their office. 
 
114- 9    (e) The council shall not be a part of the Department of 
114-10    Education but shall be an independent entity attached to 
114-11    the Office of Planning and Budget for administrative 
114-12    purposes only, as set forth in Code Section 50-4-3.  The 
114-13    council is authorized to enter into contracts to fulfill 
114-14    its duties under this Code section. 
 
114-15    (f) The Department of Education shall cooperate fully with 
114-16    the council. Specifically, the Department of Education is 
114-17    directed to collect and provide to the council information 
114-18    regarding individual public schools and individual public 
114-19    school systems which the council deems necessary to 
114-20    discharge its duties under this Code section. 
 
114-21    (g) The Council for School Performance shall issue an 
114-22    annual report no later than December 1 of each year, 
114-23    commencing December 1, 1994.  The report shall be an 
114-24    impartial evaluation of the progress made by each public 
114-25    school and each public school system in meeting national, 
114-26    state, and local educational goals. The report shall 
114-27    include information concerning outcomes of the state's 
114-28    investment in each public school and each public school 
114-29    system as well as a description of how each public school 
114-30    and each public school system utilized moneys derived from 
114-31    the Georgia Lottery for Education.  The report shall be 
114-32    published in a format that can be easily understood by 
114-33    parents and other members of the community who are not 
114-34    professional educators.  Copies of the report shall be 
114-35    provided to the Governor, Lieutenant Governor, Speaker of 
114-36    the House of Representatives, and to the chairpersons of 
114-37    the Education Committees of the Georgia Senate and House 
114-38    of Representatives." 
 
114-39                          SECTION 54. 
 
114-40  Said chapter is further amended by striking in its entirety 
114-41  Code Section 20-2-290, relating to the organization of 
114-42  schools under the "Quality Basic Education Act," and 
 
 
 
 
                                -114- 
 
 
 
115- 1  inserting in lieu thereof a new Code Section 20-2-290 to 
115- 2  read as follows: 
 
115- 3    "20-2-290. 
 
115- 4    (a) The board of education of any local school system is 
115- 5    authorized to organize or reorganize the schools and fix 
115- 6    the grade levels to be taught at each school in its 
115- 7    jurisdiction.  However, the State Board of Education shall 
115- 8    provide grants to local school systems that operate middle 
115- 9    school programs in middle schools which meet the criteria 
115-10    and standards prescribed by the state board, subject to 
115-11    appropriation by the General Assembly.  The amount of such 
115-12    grants shall be an additional 13 percent of all funds 
115-13    calculated for the Quality Basic Education Formula 
115-14    provided in Code Section 20-2-161 for students in grade 
115-15    levels six, seven, and eight who are counted in the 
115-16    full-time equivalent count for the middle grades program 
115-17    in state board approved middle school programs.  Local 
115-18    school systems which have organized their schools in such 
115-19    a manner that facilities house grades six, seven, and 
115-20    eight or grades seven and eight shall qualify for the 
115-21    middle school grants program for students in grade levels 
115-22    so housed; provided, however, that each qualified middle 
115-23    school must provide each interdisciplinary team of 
115-24    academic teachers with common planning time of at least 85 
115-25    minutes during the student instructional day and provided, 
115-26    further, that they meet all other criteria and standards 
115-27    prescribed by the state board. State board criteria and 
115-28    standards for middle school program eligibility for grants 
115-29    made pursuant to this Code section must provide that local 
115-30    school systems may include instruction in foreign language 
115-31    as an option for students who have scored at or above the 
115-32    sixtieth percentile on a nationally normed test of reading 
115-33    achievement administered within the previous or current 
115-34    school year as one of the language arts which are required 
115-35    to meet the eligibility requirements for such grants.  A 
115-36    school which houses grades other than six, seven, or eight 
115-37    shall only be eligible if it has a full-time principal for 
115-38    grades seven and eight or six, seven, and eight and 
115-39    another full-time principal for grades above or below the 
115-40    middle school grades; provided, however, that such schools 
115-41    also meet all other provisions of this Code section. 
115-42    Schools with students in the sixth grade shall not be 
115-43    eligible for the middle school grants program if the sixth 
115-44    grades are not housed in middle schools which also contain 
115-45    both grades seven and eight.  Further, two or more 
 
 
                                -115- 
 
 
 
116- 1    adjacent local school systems shall qualify for the middle 
116- 2    school grants program if through their contractual 
116- 3    arrangement they jointly meet the requirements of this 
116- 4    Code section and the criteria and standards prescribed by 
116- 5    the state board. 
 
116- 6    (b) Beginning with the 2001-2002 school year, local boards 
116- 7    of education shall schedule each middle school so as to 
116- 8    provide a minimum of five hours of instruction in language 
116- 9    arts, mathematics, science, social studies, and such other 
116-10    academic subjects as the State Board of Education shall 
116-11    prescribe and an interdisciplinary team of academic 
116-12    teachers with common planning time of between 55 minutes 
116-13    and 85 minutes.  Funds earned above the funding class size 
116-14    for the middle school program may be used by the local 
116-15    board of education to fund additional planning time above 
116-16    55 minutes, provided that, for the 2000-2001 school year, 
116-17    such funds earned above the funding class size for the 
116-18    middle school program shall be expended in conjunction 
116-19    with state appropriation for such planning time to provide 
116-20    for not less than 85 minutes of planning time.  Without 
116-21    limiting the choices, the local board shall have the 
116-22    authority to schedule exploratory and physical education 
116-23    classes for the remainder of the school day.  For students 
116-24    not performing on grade level, as defined by the Office of 
116-25    Education Accountability, the additional time shall be 
116-26    designated for academic instruction to bring such students 
116-27    to grade level performance. For students performing at or 
116-28    above grade level, such additional time may be used to 
116-29    further advance the student or to instruct in other 
116-30    academic subjects such as foreign language.  A student who 
116-31    is performing at or above grade level shall be allowed to 
116-32    take additional academic classes instead of exploratory 
116-33    classes if the parent or guardian of such a student 
116-34    requests such assignment, subject to available space. 
116-35    Until implementation of accountability standards by the 
116-36    Office of Education Accountability, for any middle school 
116-37    with a combined total of 65 percent scoring good or very 
116-38    good in the previous school year on the first 
116-39    administration of the state eighth grade writing 
116-40    assessment and at the sixty-fifth percentile or above on 
116-41    the Iowa Test of Basic Skills eighth grade composite 
116-42    score, the local board is authorized to allow for a school 
116-43    day of a minimum of four and one-half hours of academic 
116-44    instruction.  After the implementation of the 
116-45    accountability standards by the Office of Education 
 
 
 
                                -116- 
 
 
 
117- 1    Accountability, for any middle school scoring an A or B on 
117- 2    the absolute student achievement standard, the local board 
117- 3    is authorized to allow for a school day of a minimum of 
117- 4    four and one-half hours of academic instruction.  Local 
117- 5    school systems shall comply with this subsection in order 
117- 6    to qualify for the middle grades program. 
 
117- 7    (c) If a local school system has a combination of 
117- 8    qualified and nonqualified schools, it shall receive 
117- 9    qualify for the middle school grant program only for those 
117-10    students counted in the full-time equivalent count for the 
117-11    middle grades school program in qualified middle schools." 
 
117-12                          SECTION 55. 
 
117-13  Said chapter is further amended in Code Section 20-2-292, 
117-14  relating to sparsity grants and salaries of certain school 
117-15  superintendents under the "Quality Basic Education Act," by 
117-16  striking in its entirety subsection (d), which reads as 
117-17  follows: 
 
117-18    "(d) The beginning salaries of school superintendents in 
117-19    systems less than the base size specified in Code Section 
117-20    20-2-181 shall be paid in the same amount as the amount 
117-21    determined for salaries of school superintendents for base 
117-22    size systems." 
 
117-23                          SECTION 56. 
 
117-24  Said chapter is further amended in Part 13 of Article 6, 
117-25  relating to the organization of schools and systems under 
117-26  the "Quality Basic Education Act," by adding at the end 
117-27  thereof a new Code Section 20-2-294 to read as follows: 
 
117-28    "20-2-294. 
 
117-29    (a) It is the intent of the General Assembly that students 
117-30    receive academic instruction in permanent classrooms where 
117-31    possible and, further, that students be transported to 
117-32    schools that are within a reasonable distance from the 
117-33    student's place of residence.  In order to allow for 
117-34    hardships imposed by inadequate classroom space and 
117-35    excessive distances, this Code section authorizes students 
117-36    to receive education services outside the school district 
117-37    in which they reside, subject to rules promulgated by the 
117-38    State Board of Education. 
 
117-39    (b) The parent or guardian of a student enrolled in a 
117-40    public elementary or secondary school in this state may 
117-41    elect to request reassignment to a public school that is 
 
 
 
                                -117- 
 
 
 
118- 1    located within the school district in which the student 
118- 2    resides other than the one to which the student has been 
118- 3    assigned by the local board of education if the school to 
118- 4    which the student has been assigned does not have 
118- 5    available permanent classroom space in which the student 
118- 6    can attend classes and a school within the district in 
118- 7    which the student resides has permanent classroom space 
118- 8    available.  At any time during the school year in which a 
118- 9    student is assigned to nonpermanent classroom facilities 
118-10    for instruction, the parent or guardian of a student may 
118-11    apply to the local board for reassignment. 
 
118-12    (c) If the student's place of residence is located closer 
118-13    to a school other than the school assigned the student by 
118-14    the local board of education, regardless of the school 
118-15    district in which the closer school is located, and the 
118-16    distance or travel time to the school to which the student 
118-17    has been assigned is, in the determination of the State 
118-18    Board of Education, excessive, and the school which the 
118-19    student is applying to attend is the closest available 
118-20    public school offering a regular program to the student's 
118-21    residence and has available permanent classroom space, the 
118-22    State Board of Education may authorize the student to 
118-23    attend the closer school. State Quality Basic Education 
118-24    Program funds, including the local five mill share, 
118-25    allotted to the sending school system shall be reallotted 
118-26    to the receiving school system in an amount correlated to 
118-27    the number of transferred students. A request for 
118-28    reassignment shall be submitted in writing to the district 
118-29    offices of both the district in which the student resides 
118-30    and the district in which the student is requesting to 
118-31    attend school no later than seven days following the 
118-32    assignment of the student to a school and notification of 
118-33    assignment to the student's parent or guardian.  Upon 
118-34    assignment of nonresident students, the school system that 
118-35    is providing services may elect to make application to the 
118-36    state for funds that represent the difference between the 
118-37    dollar amount per full-time equivalent student represented 
118-38    by the state program funds received and the total dollar 
118-39    amount per full-time equivalent student expended by the 
118-40    system for a similarly enrolled student; provided, 
118-41    however, that local transportation costs shall not be 
118-42    included in the amount requested.  The Department of 
118-43    Education shall request funds in the midterm adjustment 
118-44    amount sufficient to provide for these costs after the 
118-45    amounts submitted have been adjusted to account for 
 
 
 
                                -118- 
 
 
 
119- 1    students moving between the same two school systems so as 
119- 2    to subtract the base cost, represented as the lesser of 
119- 3    the two local school system costs per full-time equivalent 
119- 4    student amounts, from the greater amount. 
 
119- 5    (d) The responsibility for and cost of transporting the 
119- 6    student to a school to which the student has been assigned 
119- 7    under this Code section shall be that of the student. 
119- 8    Nothing in this Code section shall be construed to 
119- 9    interfere with desegregation plans in effect or any 
119-10    subsequent implementation thereof.  Nothing in this Code 
119-11    section shall be construed to alter contractual 
119-12    relationships between two or more school systems." 
 
119-13                          SECTION 57. 
 
119-14  Said chapter is further amended by striking in its entirety 
119-15  Code Section 20-2-305, relating to county and regional 
119-16  libraries, and inserting in lieu thereof a new Code Section 
119-17  20-2-305 to read as follows: 
 
119-18    "20-2-305. 
 
119-19    (a) The Department of Technical and Adult Education board 
119-20    of regents shall annually determine and request of the 
119-21    General Assembly the amount of funds needed for county and 
119-22    regional public libraries.  This request shall include, 
119-23    but not be limited to, funds to provide library books and 
119-24    materials, salaries and travel for professional 
119-25    librarians, capital outlay for public library 
119-26    construction, and maintenance and operation.  The amount 
119-27    for library books and materials shall be not less than 35� 
119-28    per person.  Funds for the purpose of paying the salaries 
119-29    of librarians allotted shall be in accordance with 
119-30    regulations established by the state board and the state 
119-31    minimum salary schedule for certificated professional 
119-32    personnel.  Public library funds shall be apportioned to 
119-33    county and regional public libraries in proportion to the 
119-34    area and population to be served by such libraries in 
119-35    accordance with regulations and minimum public library 
119-36    requirements prescribed by the state board.  All such 
119-37    funds shall be distributed directly to the regional or 
119-38    county library boards. 
 
119-39    (b) The Department of Technical and Adult Education board 
119-40    of regents shall make adequate provisions for staff, 
119-41    supplies, services, and facilities to operate and maintain 
119-42    special media equipment to meet the library needs of the 
119-43    blind and disabled citizens of this state. 
 
 
                                -119- 
 
 
 
120- 1    (c) The Department of Technical and Adult Education board 
120- 2    of regents shall provide the staff, materials, equipment, 
120- 3    and supplies to provide a book-lending and information 
120- 4    service to all county and regional public libraries in the 
120- 5    state and to coordinate interlibrary cooperation and 
120- 6    interchange of materials and information among all types 
120- 7    of libraries. 
 
120- 8    (d) The Department of Technical and Adult Education board 
120- 9    of regents is authorized as the sole agency to receive 
120-10    federal funds allotted to this state for public libraries. 
 
120-11    (e) The State Board of Technical and Adult Education board 
120-12    of regents shall adopt policies and regulations to 
120-13    implement this Code section. 
 
120-14    (f) As used in this Code section, the term 'board of 
120-15    regents' means the Board of Regents of the University 
120-16    System of Georgia." 
 
120-17                          SECTION 58. 
 
120-18  Said chapter is further amended by striking in its entirety 
120-19  Code Section 20-2-320, relating to a Quality Basic Education 
120-20  Program task force and the development of a state-wide 
120-21  comprehensive educational information network, which reads 
120-22  as follows: 
 
120-23    "20-2-320. 
 
120-24    (a) The Governor shall appoint a task force composed of 
120-25    representatives from the Department of Education, the 
120-26    Department of Technical and Adult Education, the office of 
120-27    the Governor, the Office of Planning and Budget, the 
120-28    Department of Audits, the Department of Administrative 
120-29    Services, local school systems, the Professional Standards 
120-30    Commission, the House Research Office, the Senate Research 
120-31    Office, and the Legislative Budget Office to identify the 
120-32    specific data required to implement the Quality Basic 
120-33    Education Program on a fiscally sound basis and the data 
120-34    required to evaluate the effectiveness of the various 
120-35    components of public education in Georgia.  The task force 
120-36    is directed to identify any other data which will be 
120-37    required from local units of administration, public 
120-38    libraries, and area postsecondary vocational-technical 
120-39    schools for the implementation of this article and to 
120-40    design a state-wide comprehensive educational information 
120-41    network which will provide for the accurate and timely 
120-42    flow of information from these agencies to the state.  The 
 
 
 
                                -120- 
 
 
 
121- 1    State Board of Education shall adopt an operational plan 
121- 2    and data specifications for the network.  Data shall 
121- 3    include, at minimum, items specifically identified for 
121- 4    profiles required pursuant to subsection (d) of Code 
121- 5    Section 20-2-282.  The task force shall adopt a statement 
121- 6    recommending data which would, at minimum, be regularly 
121- 7    collected for storage at the state network host facility 
121- 8    and data which would be stored at local units of 
121- 9    administration or at public schools.  Data which are not 
121-10    normally stored by the network host shall be maintained in 
121-11    a manner which can be readily transmitted by electronic 
121-12    medium upon request from authorized educational agencies. 
121-13    The task force shall adopt a statement recommending the 
121-14    frequency by which each data component is transmitted. 
121-15    Such data shall be transmitted by electronic medium no 
121-16    later than the completion date of the network as provided 
121-17    in subsection (f) of this Code section. 
 
121-18    (b) The State Board of Education shall develop and 
121-19    maintain an individual data record for each student 
121-20    enrolled in the public schools of the state.  The State 
121-21    Board of Technical and Adult Education shall develop and 
121-22    maintain an individual data record for each student 
121-23    enrolled in the postsecondary vocational-technical schools 
121-24    of the state.  The task force shall adopt a statement 
121-25    recommending the specific data to be included and 
121-26    recommending those elements of the individual student 
121-27    record which are to be normally stored at the state, local 
121-28    unit of administration, or school level.  Specifications 
121-29    for adequate security of student data shall be recommended 
121-30    by the task force, and the State Board of Education and 
121-31    the State Board of Technical and Adult Education shall 
121-32    adopt and maintain systems of adequate security for 
121-33    individual student information.  No student shall be 
121-34    identifiable by name in that portion of the record stored 
121-35    at the state level, and any identification number shall be 
121-36    encoded to prevent unauthorized use of a student's 
121-37    information; provided, however, that full-time equivalent 
121-38    student data collected pursuant to Code Section 20-2-160 
121-39    shall be identifiable for audit purposes in separate 
121-40    files. 
 
121-41    (c) For the purpose of this article, authorized 
121-42    educational agencies shall be the Department of Education; 
121-43    the Professional Standards Commission; the Board of 
121-44    Regents of the University System of Georgia; the 
121-45    Department of Technical and Adult Education; and the 
 
 
                                -121- 
 
 
 
122- 1    educational policy and research components of the office 
122- 2    of the Governor, the Office of Planning and Budget, the 
122- 3    Legislative Budget Office, the House Research Office, and 
122- 4    the Senate Research Office.  Any information collected 
122- 5    over the state-wide comprehensive educational information 
122- 6    network, including individual student record and 
122- 7    individual personnel record information retrieved by the 
122- 8    Department of Education or Department of Technical and 
122- 9    Adult Education, shall be accessible by authorized 
122-10    educational agencies, provided that any information which 
122-11    is planned for collection over the network but which is 
122-12    temporarily being collected by other means shall also be 
122-13    accessible by authorized educational agencies and 
122-14    provided, further, that adequate security provisions are 
122-15    employed to protect the privacy of individuals.  In no 
122-16    case shall information be released by an authorized 
122-17    educational agency which would violate the privacy rights 
122-18    of any individual student or employee.  The task force 
122-19    shall develop and adopt recommendations for procedures by 
122-20    which live data files resident on the network host shall 
122-21    be copied to other files and regularly updated for use by 
122-22    authorized educational agencies.  The Department of 
122-23    Education and the Department of Technical and Adult 
122-24    Education shall adopt and implement procedures and 
122-25    schedules for updating such user files and shall provide 
122-26    warning labels where necessary to indicate data which are 
122-27    incomplete or unverified for accuracy.  The Department of 
122-28    Education and the Department of Technical and Adult 
122-29    Education shall adopt monitoring, editing, and verifying 
122-30    mechanisms necessary to assure the accuracy and 
122-31    completeness of data.  Any information collected over the 
122-32    state-wide comprehensive educational information network 
122-33    which is not stored in an individual student or personnel 
122-34    record format shall be made available to the Governor and 
122-35    the House and Senate Appropriations and Education 
122-36    committees, except information otherwise prohibited by 
122-37    statute.  Data which are included in an individual student 
122-38    record or individual personnel record format shall be 
122-39    extracted from such records and made available in 
122-40    nonindividual record format for use by the Governor, 
122-41    committees of the General Assembly, and agencies other 
122-42    than authorized educational agencies. 
 
122-43    (d) The task force shall further develop specifications 
122-44    for hardware and software acquisition for administrative 
122-45    uses.  Such specifications shall be followed by the State 
 
 
 
                                -122- 
 
 
 
123- 1    Board of Education, the State Board of Technical and Adult 
123- 2    Education, local units of administration, public 
123- 3    libraries, and area postsecondary vocational-technical 
123- 4    schools.  In local school systems, specific hardware and 
123- 5    software shall be designated for use at the school level 
123- 6    and shall be considered components of the fully completed 
123- 7    network, subject to appropriation by the General Assembly 
123- 8    for this purpose.  It is declared to be the intent of this 
123- 9    Code section that hardware and software used in the 
123-10    state-wide comprehensive educational information network 
123-11    comprise a level of uniformity sufficient to enable 
123-12    unimpeded flow of data.  The state board shall request 
123-13    sufficient funds annually for the development, operation, 
123-14    training of appropriate personnel, and maintenance of the 
123-15    network, including any funding needed for hardware and 
123-16    software for the Department of Education, the Department 
123-17    of Technical and Adult Education, local units of 
123-18    administration, public schools, public libraries, and area 
123-19    postsecondary vocational-technical schools. 
 
123-20    (e) The task force shall develop a timetable for 
123-21    implementation of the state-wide comprehensive educational 
123-22    information network and shall submit a report semiannually 
123-23    to the Governor and to the House and Senate Education and 
123-24    Appropriations committees detailing progress toward 
123-25    completion of the network. The task force shall also 
123-26    submit its timetable and notice of all formal actions and 
123-27    recommendations to the State Board of Education.  The 
123-28    state board shall address all recommendations submitted by 
123-29    the task force.  A separate complete report on progress 
123-30    toward completion of the network shall be submitted 
123-31    semiannually, prior to January 1 and July 1, to the 
123-32    Governor and to the House and Senate Education and 
123-33    Appropriations committees by the Department of Education. 
123-34    This report shall identify any differences between state 
123-35    board actions or policies and corresponding task force 
123-36    recommendations, shall provide an explanation for such 
123-37    differences, and shall explain any decision to take no 
123-38    action on a specific task force recommendation. 
 
123-39    (f) The state-wide comprehensive educational information 
123-40    network shall be fully completed by July 1, 1991, subject 
123-41    to appropriation by the General Assembly for this purpose; 
123-42    provided, however, that the task force shall have the 
123-43    authority to specify components which, in its judgment, 
123-44    cannot be completed until July 1, 1992.  Only during the 
123-45    period prior to final completion of the network, the state 
 
 
                                -123- 
 
 
 
124- 1    board shall be authorized to specify data which may be 
124- 2    transmitted by tape or disk from local school systems 
124- 3    which are capable of providing required data in such 
124- 4    formats.  During the phased implementation of the network, 
124- 5    highest priority shall be given to the electronic 
124- 6    transmission of complete full-time equivalent counts, the 
124- 7    uniform budgeting and accounting system, and complete 
124- 8    salary data for each local school system. 
 
124- 9    (g) Notwithstanding any other provision of law, the 
124-10    Department of Education is authorized to and shall obtain 
124-11    and provide to the Department of Public Safety in a form 
124-12    to be agreed upon between the departments enrollment, 
124-13    attendance, and suspension information regarding minors 15 
124-14    through 17 years of age reported pursuant to Code Sections 
124-15    20-2-690 and 20-2-697, to be used solely for the purposes 
124-16    set forth in subsection (a.1) of Code Section 40-5-22.", 
 
124-17  and inserting in lieu thereof a new Code Section 20-2-320 to 
124-18  read as follows: 
 
124-19    "20-2-320. 
 
124-20    (a) The Governor shall appoint a steering committee, which 
124-21    shall be named the Education Information Steering 
124-22    Committee, composed of representatives from the Department 
124-23    of Education, the Department of Technical and Adult 
124-24    Education, the Board of Regents of the University System 
124-25    of Georgia, the office of the Governor, the Office of 
124-26    Planning and Budget, the Department of Audits and 
124-27    Accounts, the Georgia Technology Authority, the Office of 
124-28    School Readiness, the Professional Standards Commission, 
124-29    the Office of Education Accountability, the State Data and 
124-30    Research Center at the Georgia Institute of Technology, 
124-31    the Georgia Public Telecommunications Commission, the 
124-32    Legislative Budget Office, and local school systems. The 
124-33    steering committee shall identify the data required to 
124-34    implement the Quality Basic Education Program on a 
124-35    fiscally sound basis and the data required to evaluate the 
124-36    effectiveness of the components of public education in 
124-37    Georgia. The steering committee shall identify data that 
124-38    shall be required from local units of administration, 
124-39    public libraries, public colleges and universities through 
124-40    the Board of Regents of the University System of Georgia, 
124-41    pre-kindergarten programs, the Professional Standards 
124-42    Commission, and postsecondary technical colleges and 
124-43    schools for the implementation of this article.  Further, 
124-44    the steering committee shall develop a design for a 
 
 
                                -124- 
 
 
 
125- 1    state-wide comprehensive educational information system 
125- 2    which will provide for the accurate, seamless, and timely 
125- 3    flow of information from local and regional education 
125- 4    agencies, units of the University System of Georgia, and 
125- 5    technical schools and colleges to the state.  The design 
125- 6    shall include hardware, software, data, collection methods 
125- 7    and times, training, maintenance, communications, security 
125- 8    of data, and installation specifications and any other 
125- 9    relevant specifications needed for the successful 
125-10    implementation of this system.  No student shall be 
125-11    identifiable by name in that portion of the 
125-12    pre-kindergarten through grade 12 record stored at the 
125-13    state level, and any identification number shall be 
125-14    encoded to prevent unauthorized use of a student's 
125-15    information; provided, however, that full-time equivalent 
125-16    student data collected pursuant to Code Section 20-2-160 
125-17    shall be identifiable for audit purposes in separate 
125-18    files.  The steering committee shall present such 
125-19    recommendations to the Education Coordinating Council. 
125-20    Upon approval of the boards of the respective education 
125-21    agencies, the steering committee shall issue appropriate 
125-22    requests for proposals to implement a state-wide 
125-23    comprehensive educational information system, subject to 
125-24    appropriation by the General Assembly.  The State Data and 
125-25    Research Center, at the direction of the Education 
125-26    Coordinating Council and working through the steering 
125-27    committee, shall initiate contracts with appropriate 
125-28    vendors and local units of administration for the 
125-29    procurement of services, purchase of hardware and 
125-30    software, and for any other purpose as directed by the 
125-31    Education Coordinating Council, consistent with 
125-32    appropriation by the General Assembly. 
 
125-33    (b) The State Board of Education, the Board of Technical 
125-34    and Adult Education, the Board of Regents of the 
125-35    University System of Georgia, and the Office of School 
125-36    Readiness shall require an individual student record for 
125-37    each student enrolled which at a minimum includes the data 
125-38    specifications recommended by the steering committee and 
125-39    approved by the Education Coordinating Council. The 
125-40    Professional Standards Commission shall maintain an 
125-41    individual data record for each certificated person 
125-42    employed in a public school. 
 
125-43    (c) For the purpose of this article, authorized 
125-44    educational agencies shall be the Department of Education; 
125-45    the Office of School Readiness; the Board of Regents of 
 
 
                                -125- 
 
 
 
126- 1    the University System of Georgia; the Department of 
126- 2    Technical and Adult Education; the Education Coordinating 
126- 3    Council; the Professional Standards Commission; the State 
126- 4    Data and Research Center and units under contract to the 
126- 5    State Data and Research Center; the Office of Education 
126- 6    Accountability; the education policy and research 
126- 7    components of the office of the Governor; the Office of 
126- 8    Planning and Budget; the Legislative Budget Office; the 
126- 9    House Research Office; and the Senate Research Office. Any 
126-10    information collected over the state-wide comprehensive 
126-11    educational information system, including individual 
126-12    student record and individual personnel records shall be 
126-13    accessible by authorized educational agencies, provided 
126-14    that any information which is planned for collection over 
126-15    the system but which is temporarily being collected by 
126-16    other means shall also be accessible by authorized 
126-17    educational agencies and provided, further, that adequate 
126-18    security provisions are employed to protect the privacy of 
126-19    individuals.  All data maintained for this system shall be 
126-20    used for educational purposes only. In no case shall 
126-21    information be released by an authorized education agency 
126-22    which would violate the privacy rights of any individual 
126-23    student or employee.  Any information collected over the 
126-24    state-wide comprehensive educational information system 
126-25    which is not stored in an individual student or personnel 
126-26    record format shall be made available to the Governor and 
126-27    the House and Senate Appropriations, Education, and Higher 
126-28    Education committees, except information otherwise 
126-29    prohibited by statute.  Data which are included in an 
126-30    individual student record or individual personnel record 
126-31    format shall be extracted from such records and made 
126-32    available in nonindividual record format for use by the 
126-33    Governor, committees of the General Assembly, and agencies 
126-34    other than authorized educational agencies. 
 
126-35    (d) The State Data and Research Center through the Board 
126-36    of Regents of the University System of Georgia shall 
126-37    request sufficient funds annually for the development, 
126-38    operation, training of appropriate personnel, and 
126-39    maintenance of the system.  The State Data and Research 
126-40    Center shall submit quarterly reports to the Education 
126-41    Coordinating Council that include budgetary data 
126-42    reflecting expenditures related to the state-wide 
126-43    comprehensive educational information system. 
 
126-44    (e) The state-wide comprehensive educational information 
126-45    system shall be fully completed by July 1, 2003, subject 
 
 
                                -126- 
 
 
 
127- 1    to appropriation by the General Assembly for this purpose; 
127- 2    provided, however, that the steering committee shall have 
127- 3    the authority to specify components which, in its 
127- 4    judgment, cannot be completed until July 1, 2004.  During 
127- 5    the phased implementation of the system, highest priority 
127- 6    shall be given to the electronic transmission of complete 
127- 7    full-time equivalent counts, the uniform budgeting and 
127- 8    accounting system, and complete salary data for each local 
127- 9    school system.  All pre-kindergarten programs, local units 
127-10    of administration for grades kindergarten through 12, 
127-11    technical schools and colleges, public libraries, public 
127-12    colleges and universities, and regional educational 
127-13    service agencies shall provide data to the State Data and 
127-14    Research Center as required by their respective boards and 
127-15    agencies.  Notwithstanding any provision of this Code 
127-16    section to the contrary, no local school system shall earn 
127-17    funds under Code Section 20-2-186 for superintendents, 
127-18    assistant superintendents, or principals if the local unit 
127-19    of administration fails to comply with the provisions of 
127-20    this Code section. 
 
127-21    (f) Notwithstanding any other provision of law, the State 
127-22    Data and Research Center is authorized to and shall obtain 
127-23    and provide to the Department of Public Safety, in a form 
127-24    to be agreed upon between the State Data and Research 
127-25    Center and the Department of Public Safety, enrollment, 
127-26    attendance, and suspension information regarding minors 15 
127-27    through 17 years of age reported pursuant to Code Sections 
127-28    20-2-690 and 20-2-697, to be used solely for the purposes 
127-29    set forth in subsection (a.1) of Code Section 40-5-22." 
 
127-30                          SECTION 59. 
 
127-31  Said chapter is further amended in Article 7, relating to 
127-32  additional state aid, by striking the designation of the 
127-33  reserved Code Sections 20-2-330 through 20-2-333 and Code 
127-34  Section 20-2-334 as Part 1. 
 
127-35                          SECTION 60. 
 
127-36  Said chapter is further amended by repealing in its entirety 
127-37  Part 2 of Article 7, relating to additional state aid to 
127-38  school districts where parents live or work on state 
127-39  property, which reads as follows: 
 
 
 
 
 
 
 
                                -127- 
 
 
 
 
 
128- 1    20-2-350. 
 
128- 2    For any school district wherein 3 percent or more of the 
128- 3    children in average daily attendance have parents or 
128- 4    guardians who live or work full time on state-owned 
128- 5    property, the State Board of Education shall, within the 
128- 6    first 90 days of each fiscal year, make an allotment out 
128- 7    of the funds appropriated for educational purposes in an 
128- 8    amount and under the formula provided for in this article. 
 
128- 9    20-2-351. 
 
128-10    In any such school district, it shall be the duty of the 
128-11    local school superintendent, within 30 days prior to the 
128-12    end of each fiscal year, to submit the following 
128-13    information to the State Board of Education: 
 
128-14      (1) The total number of children attending the public 
128-15      schools, including elementary grades and high school 
128-16      grades, within the school district. Such total number of 
128-17      children shall be based on the average daily attendance 
128-18      of such schools; 
 
128-19      (2) The total number of children attending such public 
128-20      schools whose parent or guardian lives or works full 
128-21      time on property owned by the state. Such total number 
128-22      shall be based on the average daily attendance at such 
128-23      school; and 
 
128-24      (3) The total amount of taxes and appropriations 
128-25      received and to be received by the school district from 
128-26      the county or other local agencies for educational 
128-27      purposes for the current fiscal year. 
 
128-28    20-2-352. 
 
128-29    The State Board of Education shall determine an average 
128-30    per pupil amount by dividing the total as determined by 
128-31    paragraph (3) of Code Section 20-2-351 by the total as 
128-32    determined by paragraph (1) of Code Section 20-2-351. 
 
128-33    20-2-353. 
 
128-34    The State Board of Education shall, after making the 
128-35    determination as required by Code Section 20-2-352, make 
128-36    an allotment to the school district for which such 
128-37    determination was made in an amount equal to 50 percent of 
128-38    the amount determined by multiplying the amount determined 
 
 
 
 
                                -128- 
 
 
 
129- 1    by Code Section 20-2-352 by the amount determined by 
129- 2    paragraph (2) of Code Section 20-2-351. 
 
129- 3    20-2-354. 
 
129- 4    The information required by Code Section 20-2-351 may be 
129- 5    verified by the State Board of Education. In the event the 
129- 6    state board determines that the information is not 
129- 7    accurate, the funds allotted by this article shall be 
129- 8    increased or decreased as found by its determination; and 
129- 9    in the event the funds allotted by this article have been 
129-10    paid to the school district involved, the state board 
129-11    shall, if its determination should show an overpayment, 
129-12    deduct the overpayment from any allotment made to the 
129-13    school district involved from any funds allotted to the 
129-14    school district from state appropriations. 
 
129-15    20-2-355. 
 
129-16    The funds appropriated by virtue of this article shall be 
129-17    in addition to any and all other funds or appropriations 
129-18    allotted to the school districts for educational purposes, 
129-19    and the funds or appropriations allotted by this article 
129-20    shall in no way be construed as to reduce any other funds 
129-21    or appropriations for which the school districts may be 
129-22    entitled by virtue of any existing or future law; 
129-23    provided, however, if the annual income of the state for 
129-24    any fiscal year shall fail to be sufficient to pay fully 
129-25    the entire appropriations made by the appropriations Act, 
129-26    the funds appropriated by this article shall be reduced in 
129-27    a proportionate ratio to all other funds appropriated by 
129-28    the General Assembly. 
 
129-29    20-2-356. 
 
129-30    The State Board of Education shall have the power and 
129-31    authority to make such rules and regulations and to 
129-32    require such additional information as may be necessary 
129-33    for the proper administration of this article." 
 
129-34                          SECTION 61. 
 
129-35  Said chapter is further amended by repealing in its entirety 
129-36  Part 3 of Article 7, relating to additional state aid to 
129-37  local school systems to compensate for loss of revenue from 
129-38  financial institutions, which reads as follows: 
 
 
 
 
 
 
                                -129- 
 
 
 
 
 
130- 1    20-2-360. 
 
130- 2    The General Assembly recognizes that there exist serious 
130- 3    areas of concern with respect to the method of taxation of 
130- 4    financial institutions by the State of Georgia and that 
130- 5    legislation to address these areas of concern may be 
130- 6    enacted at the 1983 session or a future session of the 
130- 7    General Assembly. The General Assembly further recognizes 
130- 8    that if such legislation is enacted it may deprive local 
130- 9    school systems of a revenue source and may provide an 
130-10    additional source of state revenue.  The General Assembly 
130-11    therefore declares that the purpose of this part is to 
130-12    authorize a program of grants of state funds to local 
130-13    school systems, for which program state funds may be 
130-14    appropriated to alleviate financial burdens which may be 
130-15    imposed upon local school systems by any legislation 
130-16    affecting taxation of financial institutions. 
 
130-17    20-2-361. 
 
130-18    (a) There may be allotted annually to each local school 
130-19    system in the state for educational purposes, in addition 
130-20    to funds provided pursuant to other laws, certain grants 
130-21    as provided in this part. 
 
130-22    (b) In any year in which the General Assembly shall 
130-23    appropriate funds for grants to local school systems by 
130-24    line-item appropriation and with reference to this part, 
130-25    such grants shall be allotted to each school system pro 
130-26    rata according to the difference between the amount of 
130-27    revenue which will be derived during that year by the 
130-28    school system from the taxation of financial institutions 
130-29    under the law in effect for that year and the amount of 
130-30    revenue which would have been derived during that year by 
130-31    the school system if the method of taxation of financial 
130-32    institutions in effect on January 1, 1983, were still in 
130-33    effect. 
 
130-34    (c) No funds shall be appropriated for purposes of this 
130-35    part unless legislation is enacted which changes the 
130-36    method of taxation of financial institutions in effect on 
130-37    January 1, 1983. 
 
130-38    20-2-362. 
 
130-39    In any year in which funds are appropriated for purposes 
130-40    of this part, the State Board of Education shall determine 
130-41    what percentage of the total appropriation shall be 
 
 
                                -130- 
 
 
 
131- 1    allotted to each local school system under subsection (b) 
131- 2    of Code Section 20-2-361.  The state revenue commissioner 
131- 3    shall provide to the State Board of Education any 
131- 4    technical assistance necessary for purposes of determining 
131- 5    such allotments." 
 
131- 6                          SECTION 62. 
 
131- 7  Said chapter is further amended by striking subsection (a) 
131- 8  of Code Section 20-2-690.1, relating to mandatory education 
131- 9  for children between ages seven and 16, and inserting in 
131-10  lieu thereof a new subsection (a) to read as follows: 
 
131-11    "(a) Every parent, guardian, or other person residing 
131-12    within this state having control or charge of any child or 
131-13    children between their seventh sixth and sixteenth 
131-14    birthdays shall enroll and send such child or children to 
131-15    a public school, a private school, or a home study program 
131-16    that meets the requirements for a public school, a private 
131-17    school, or a home study program; and such child shall be 
131-18    responsible for enrolling in and attending a public 
131-19    school, a private school, or a home study program that 
131-20    meets the requirements for a public school, a private 
131-21    school, or a home study program under such penalty for 
131-22    noncompliance with this subsection as is provided in 
131-23    Chapter 11 of Title 15, unless the child's failure to 
131-24    enroll and attend is caused by the child's parent, 
131-25    guardian, or other person, in which case the parent, 
131-26    guardian, or other person alone shall be responsible; 
131-27    provided, however, that tests and physical exams for 
131-28    military service and the National Guard and such other 
131-29    approved absences shall be excused absences." 
 
131-30                          SECTION 63. 
 
131-31  Said chapter is further amended by striking subsection (a) 
131-32  of Code Section 20-2-697, relating to cooperation of 
131-33  principals and teachers in public schools with visiting 
131-34  teachers and attendance officers, reporting, and record 
131-35  keeping, and inserting in lieu thereof a new subsection (a) 
131-36  to read as follows: 
 
131-37    "(a) Visiting teachers and attendance officers shall 
131-38    receive the cooperation and assistance of all teachers and 
131-39    principals of public schools in the local school systems 
131-40    within which they are appointed to serve.  It shall be the 
131-41    duty of the principals or local school site administrators 
131-42    and of the teachers of all public schools to report, in 
131-43    writing, to the visiting teacher or attendance officer of 
 
 
                                -131- 
 
 
 
132- 1    the local school system the names, ages, and residences of 
132- 2    all students in attendance at their schools and classes 
132- 3    within 30 days after the beginning of the school term or 
132- 4    terms and to make such other reports of attendance in 
132- 5    their schools or classes as may be required by rule or 
132- 6    regulation of the State Board of Education.  All public 
132- 7    schools shall keep daily records of attendance, verified 
132- 8    by the teachers certifying such records. Such reports 
132- 9    shall be open to inspection by the visiting teacher, 
132-10    attendance officer, or duly authorized representative at 
132-11    any time during the school day.  Any such attendance 
132-12    records and reports which identify students by name shall 
132-13    be used only for the purpose of providing necessary 
132-14    attendance information required by the state board or by 
132-15    law, except with the permission of the parent or guardian 
132-16    of a child, pursuant to the subpoena of a court of 
132-17    competent jurisdiction, or for verification of attendance 
132-18    by the Department of Public Safety for the purposes set 
132-19    forth in subsection (a.1) of Code Section 40-5-22.  Such 
132-20    attendance records shall also be maintained in a format 
132-21    which does not identify students by name, and in this 
132-22    format shall be a part of the data collected for the 
132-23    student record component of the state-wide comprehensive 
132-24    educational information network system pursuant to 
132-25    subsection (b) of Code Section 20-2-320and for the annual 
132-26    profiles pursuant to subsection (d) of Code Section 
132-27    20-2-282." 
 
132-28                          SECTION 64. 
 
132-29  Said chapter is further amended in Code Section 20-2-735, 
132-30  relating to the adoption of policies to improve the student 
132-31  learning environment by local boards of education, by 
132-32  striking subsection (f) and inserting in lieu thereof a new 
132-33  subsection (f) to read as follows: 
 
132-34    "(f) It is the policy of this state that it is preferable 
132-35    to reassign disruptive students to isolated and individual 
132-36    oriented in-school suspension programs or alternative 
132-37    educational settings rather than to suspend or expel such 
132-38    students from school." 
 
132-39                          SECTION 65. 
 
132-40  Said chapter is further amended in Code Section 20-2-738, 
132-41  relating to the authority of a teacher over the classroom 
132-42  and procedures following the removal of a student from a 
 
 
 
 
                                -132- 
 
 
 
133- 1  classroom, by striking subsection (e) and inserting in lieu 
133- 2  thereof a new subsection (e) to read as follows: 
 
133- 3      "(e)(1) If a placement review committee decides to 
133- 4      return a student to a class from which he or she was 
133- 5      removed, the principal or the principal's designee shall 
133- 6      implement such decision of the placement review 
133- 7      committee.  In addition, the principal or the 
133- 8      principal's designee may, consistent with any applicable 
133- 9      procedural requirements of the Constitutions of the 
133-10      United States and this state and after considering the 
133-11      use of any appropriate student support services, take 
133-12      any of the following actions which are authorized as a 
133-13      response to the alleged violation of the student code of 
133-14      conduct by local board policies adopted pursuant to Code 
133-15      Section 20-2-735: 
 
133-16        (A) Place the student in in-school suspension an 
133-17        alternative education program; 
 
133-18        (B) Impose out-of-school suspension for not more than 
133-19        ten school days, including any time during which the 
133-20        student was subject to out-of-school suspension after 
133-21        his or her removal from class pursuant to subsection 
133-22        (b) of this Code section; or 
 
133-23        (C) Make another disciplinary decision or 
133-24        recommendation consistent with local board policy. 
 
133-25      (2) If a placement review committee decides not to 
133-26      return a student to a class from which he or she was 
133-27      removed, the principal or the principal's designee shall 
133-28      implement such decision of the placement review 
133-29      committee.  In addition, the principal or the 
133-30      principal's designee shall determine an appropriate 
133-31      placement for the student and may take action to 
133-32      discipline the student, in a manner consistent with any 
133-33      applicable procedural requirements of the Constitutions 
133-34      of the United States and this state and after 
133-35      considering the use of any appropriate student support 
133-36      services, as follows, provided that the placement or 
133-37      disciplinary action is authorized as a response to the 
133-38      alleged violation of the student code of conduct by 
133-39      local board policies adopted pursuant to Code Section 
133-40      20-2-735: 
 
133-41        (A) Place the student into another appropriate 
133-42        classroom, in-school suspension, or an alternative 
133-43        education program; 
 
 
                                -133- 
 
 
 
134- 1        (B) Impose out-of-school suspension for not more than 
134- 2        ten school days, including any time during which the 
134- 3        student was subject to out-of-school suspension after 
134- 4        his or her removal from class pursuant to subsection 
134- 5        (b) of this Code section; 
 
134- 6        (C) Make another placement or disciplinary decision or 
134- 7        recommendation consistent with local board policy; or 
 
134- 8        (D) Implement or recommend any appropriate combination 
134- 9        of the above and return the student to the class from 
134-10        which he or she was removed upon the completion of any 
134-11        disciplinary or placement action taken pursuant to 
134-12        this paragraph." 
 
134-13                          SECTION 66. 
 
134-14  Said chapter is further amended in Code Section 20-2-768, 
134-15  relating to the expulsion or suspension of students for 
134-16  felonies, by striking subsection (c) and inserting in lieu 
134-17  thereof a new subsection (c) to read as follows: 
 
134-18    "(c) It is the policy of this state that it is preferable 
134-19    to reassign disruptive students to isolated and 
134-20    individually oriented in-school suspension programs or 
134-21    alternative educational settings rather than to suspend or 
134-22    expel such students from school." 
 
134-23                          SECTION 67. 
 
134-24  Said chapter is further amended in Subpart 3 of Part 2 of 
134-25  Article 16, relating to chronic disciplinary problem 
134-26  students, by striking in their entirety Code Sections 
134-27  20-2-765 and 20-2-766 and inserting in lieu thereof new Code 
134-28  Sections 20-2-765 and 20-2-766 to read as follows: 
 
134-29    "20-2-765. 
 
134-30    Any time a teacher or principal identifies a student as a 
134-31    chronic disciplinary problem student, the principal shall 
134-32    notify by telephone call and by either certified mail with 
134-33    return receipt requested, by or first-class mail, or by 
134-34    telephone call the student's parent or guardian of the 
134-35    disciplinary problem, invite such parent or guardian to 
134-36    observe the student in a classroom situation, and request 
134-37    at least one parent or guardian to attend a conference 
134-38    with the principal or the teacher or both to devise a 
134-39    disciplinary and behavioral correction plan. 
 
 
 
 
 
                                -134- 
 
 
 
135- 1    20-2-766. 
 
135- 2    Before any chronic disciplinary problem student is 
135- 3    permitted to return from an expulsion or suspension, the 
135- 4    school to which the student is to be readmitted shall 
135- 5    request by telephone call and by either certified mail 
135- 6    with return receipt requested, by or first-class mail, or 
135- 7    by telephone call at least one parent or guardian to 
135- 8    schedule and attend a conference with the principal or his 
135- 9    or her designee to devise a disciplinary and behavioral 
135-10    correction plan. Failure of the parent or guardian to 
135-11    attend shall not preclude the student from being 
135-12    readmitted to the school.  At the discretion of the 
135-13    principal, a teacher, counselor, or other person may 
135-14    attend the conference.  The principal shall ensure that a 
135-15    notation of the conference is placed in the student's 
135-16    permanent file." 
 
135-17                          SECTION 68. 
 
135-18  Said chapter is further amended in Subpart 3 of Part 2 of 
135-19  Article 16, relating to chronic disciplinary problem 
135-20  students, by adding a new Code section, to be designated as 
135-21  Code Section 20-2-766.1, to read as follows: 
 
135-22    "20-2-766.1. 
 
135-23    The local board of education may, by petition to the 
135-24    juvenile court, proceed against a parent or guardian as 
135-25    provided in this Code section.  If the court finds that 
135-26    the parent or guardian has willfully and unreasonably 
135-27    failed to attend a conference requested by a principal 
135-28    pursuant to Code Section 20-2-765 or 20-2-766, the court 
135-29    may order the parent or guardian to attend such a 
135-30    conference, order the parent or guardian to participate in 
135-31    such programs or such treatment as the court deems 
135-32    appropriate to improve the student's behavior, or both. 
135-33    After notice and opportunity for hearing, the court may 
135-34    impose a fine, not to exceed $500.00, on a parent or 
135-35    guardian who willfully disobeys an order of the court 
135-36    entered under this Code section.  The court may use its 
135-37    contempt and other powers specified in Code Section 
135-38    15-11-62 to enforce any order entered under this Code 
135-39    section." 
 
135-40                          SECTION 69. 
 
135-41  Said chapter is further amended by striking in its entirety 
135-42  Code Section 20-2-769, relating to alternative education 
 
 
 
                                -135- 
 
 
 
136- 1  programs for elementary and secondary students, which reads 
136- 2  as follows: 
 
136- 3    "20-2-769. 
 
136- 4    (a) The State Board of Education shall provide grants to 
136- 5    local school systems for use in alternative education 
136- 6    programs to serve students in grades 6-12 who violate 
136- 7    student codes of conduct adopted by local boards of 
136- 8    education.  These alternative education programs shall 
136- 9    provide the individualized instruction, intervention 
136-10    strategies, and transition to other education programs 
136-11    these students need to become successful students and good 
136-12    citizens. 
 
136-13    (b) Local boards of education shall establish either 
136-14    individually or in collaboration with another school 
136-15    system or systems an alternative education program for the 
136-16    purpose of providing a separate educational program for 
136-17    students who violate student codes of conduct and shall 
136-18    apply for grants to be distributed pursuant to this Code 
136-19    section. 
 
136-20    (c) The alternative education program shall provide a 
136-21    learning environment that includes the objectives of the 
136-22    quality core curriculum, and the instructional program 
136-23    shall enable students to make the transition back to a 
136-24    regular school program.  Course credit shall be earned in 
136-25    the alternative education program in the same manner as in 
136-26    other education programs. 
 
136-27    (d) The state board shall establish criteria and 
136-28    procedures for alternative education program grants.  The 
136-29    amount of funds granted to any local school system shall 
136-30    be based upon the estimated number of students in grades 
136-31    6-12 who are likely to be enrolled in the alternative 
136-32    education program based on eligibility criteria, 
136-33    consistent with this Code section, to be established by 
136-34    the state board. 
 
136-35    (e) Annual progress reports for each alternative education 
136-36    program must be filed with the State Board of Education. 
136-37    These reports shall include, at a minimum, a statement of: 
 
136-38      (1) The process by which the educational and behavioral 
136-39      program for each student has been determined, including 
136-40      preparation of disciplinary and behavioral correction 
136-41      plans for chronic disciplinary problem students; 
 
 
 
 
                                -136- 
 
 
 
137- 1      (2) The process through which the educational progress 
137- 2      of each student has been evaluated and a summary report 
137- 3      of the results of these evaluations; 
 
137- 4      (3) The process by which students have been returned to 
137- 5      the regular school program and a summary report of the 
137- 6      total number of students served and the enrollment or 
137- 7      program completion status of each student upon 
137- 8      withdrawal from the alternative education program; and 
 
137- 9      (4) The average daily membership and the average daily 
137-10      attendance records for the program. 
 
137-11    (f) In order to be eligible to receive state funding 
137-12    pursuant to Code Sections 20-2-161 and 20-2-260, each 
137-13    local board of education shall comply with the 
137-14    requirements of this Code section.  Nothing in this Code 
137-15    section shall be construed to limit the authority of a 
137-16    local board of education to establish or operate an 
137-17    alternative education program different from or in 
137-18    addition to the program prescribed in this Code section; 
137-19    provided, however, that no state funds distributed 
137-20    pursuant to this Code section shall be expended to operate 
137-21    an alternative education program which does not meet the 
137-22    requirements of this Code section." 
 
137-23                          SECTION 70. 
 
137-24  Said chapter is further amended in Part 3 of Article 16, 
137-25  relating to the health of students, by adding a new Code 
137-26  section 20-2-771.1 to read as follows: 
 
137-27    "20-2-771.1. 
 
137-28    Each local board of education shall establish procedures 
137-29    to provide for the voluntary preenrollment of children at 
137-30    two years of age.  Such procedures shall include a 
137-31    requirement that the parent or guardian of the child 
137-32    submit to the local board or to a school within the local 
137-33    school system a certificate of immunization which 
137-34    indicates compliance with age specific immunizations as 
137-35    provided in Code Section 20-2-771." 
 
137-36                          SECTION 71. 
 
137-37  Said chapter is further amended in Part 3 of Article 16, 
137-38  relating to the health of students, by adding a new Code 
137-39  Section 20-2-771.2 to read as follows: 
 
 
 
 
 
                                -137- 
 
 
 
138- 1    "20-2-771.2. 
 
138- 2    Each local board of education shall establish policies and 
138- 3    procedures regarding a school health nurse program.  Such 
138- 4    school health nurse programs shall be staffed by licensed 
138- 5    health care professionals.  Each local board of education 
138- 6    may contract or consult with health professionals 
138- 7    knowledgeable in children's health issues to establish the 
138- 8    standards, policies, and procedures of a school health 
138- 9    nurse program.  Such standards, policies, and procedures 
138-10    shall be in accordance with the restrictions set forth in 
138-11    Code Section 20-2-773." 
 
138-12                          SECTION 72. 
 
138-13  Said chapter is further amended in Code Section 20-2-942, 
138-14  relating to the procedure for nonrenewal after acceptance by 
138-15  a teacher of a school year contract for a fourth consecutive 
138-16  school year, by adding at the end thereof a new subsection, 
138-17  to be designated as subsection (d), to read as follows: 
 
138-18    "(d) A person who first becomes a teacher on or after July 
138-19    1, 2000, shall not acquire any rights under this Code 
138-20    section to continued employment with respect to any 
138-21    position as a teacher.  A teacher who had acquired any 
138-22    rights to continued employment under this Code section 
138-23    prior to July 1, 2000, shall retain such rights." 
 
138-24                          SECTION 73. 
 
138-25  Said chapter is further amended in Article 27, relating to 
138-26  loitering at or disrupting schools, by striking in its 
138-27  entirety Code Section 20-2-1183, relating to a prohibition 
138-28  against electronic pagers, and inserting in lieu thereof a 
138-29  new Code Section 20-2-1183 to read as follows: 
 
138-30    "20-2-1183. 
 
138-31    (a) No area, county, or independent local board of 
138-32    education shall permit any pupil to carry a pocket pager 
138-33    or electronic communication device in school except for 
138-34    health or other unusual reasons approved by the board of 
138-35    education. 
 
138-36    (b) Any student found in violation of the provisions of 
138-37    this Code section shall be subject to in-school suspension 
138-38    placement in an alternative education program." 
 
 
 
 
 
 
                                -138- 
 
 
 
139- 1                          SECTION 74. 
 
139- 2  Said chapter is further amended in Code Section 20-2-2064, 
139- 3  relating to the approval or denial of a petition to 
139- 4  establish a charter school, by adding at the end thereof a 
139- 5  new subsection (d) to read as follows: 
 
139- 6      "(d)(1) The state board may grant a state charter for a 
139- 7      special school as authorized by Article VIII, Section V, 
139- 8      Paragraph VII of the Constitution. When a petition 
139- 9      submitted by a charter petitioner for a charter school 
139-10      has been denied by a local board of education, the state 
139-11      board may grant such a charter if: 
 
139-12        (A) With respect to a petition submitted by a local 
139-13        school, such petition has been agreed to on a secret 
139-14        ballot by a majority of the faculty and instructional 
139-15        staff of the petitioning local school, at a meeting 
139-16        called with two weeks' advance notice for the purpose 
139-17        of deciding whether to submit the petition to the 
139-18        state board; 
 
139-19        (B) With respect to a petition submitted by a local 
139-20        school, such petition has been agreed to by a majority 
139-21        of the parents or guardians of students enrolled at 
139-22        the petitioning local school present at a public 
139-23        meeting called with two weeks' advance notice for the 
139-24        purpose of deciding whether to submit the petition to 
139-25        the state board; and 
 
139-26        (C) With respect to a petition submitted by any 
139-27        charter petitioner, the state board finds that such 
139-28        petition meets the requirements set forth in Code 
139-29        Section 20-2-2063 and is in the public interest with 
139-30        respect to the applicability to the proposed charter 
139-31        school of the provisions of this title and applicable 
139-32        state rules, regulations, policies, and procedures. 
 
139-33      (2) Notwithstanding the provisions of paragraph (1) of 
139-34      this subsection, the state board shall not grant a 
139-35      charter to a home study program or school, sectarian or 
139-36      religious school, private for profit school, private 
139-37      educational institution not established, operated, or 
139-38      governed by the State of Georgia, or an existing private 
139-39      school. 
 
139-40      (3) The state board may require a local referendum of 
139-41      the qualified voters in all of the systems affected by a 
139-42      charter granted pursuant to this subsection.  Such 
 
 
 
                                -139- 
 
 
 
140- 1      referendum shall be held at the next regularly scheduled 
140- 2      general election or as otherwise authorized by the 
140- 3      county or counties in which the school system is 
140- 4      located.  Such referendum shall be held for the purpose 
140- 5      of deciding whether the local board of education shall 
140- 6      use local bonded indebtedness and school tax levies to 
140- 7      support such charter school and the ballot question 
140- 8      shall be approved by the State Board of Education." 
 
140- 9                          SECTION 75. 
 
140-10  Said chapter is further amended in Code Section 20-2-2065, 
140-11  relating to requirements for operating and control and 
140-12  management of charter schools, by adding a new subsection 
140-13  (a.1) to read as follows: 
 
140-14    "(a.1) A charter school shall be subject to the provisions 
140-15    of Part 3 of Article 2 of Chapter 14 of this title, and 
140-16    such provisions shall apply with respect to charter 
140-17    schools whose charters are granted or renewed on or after 
140-18    July 1, 2000." 
 
140-19                          SECTION 76. 
 
140-20  Chapter 3 of Title 20 of the Official Code of Georgia 
140-21  Annotated, relating to postsecondary education, is amended 
140-22  in Part 1 of Article 2, relating to the board of regents, by 
140-23  adding at the end thereof a new Code Section 20-3-39 to read 
140-24  as follows: 
 
140-25    "20-3-39. 
 
140-26    (a) Effective July 1, 2000, the board of regents shall 
140-27    carry out all the functions and exercise all of the powers 
140-28    formerly held by the Department of Technical and Adult 
140-29    Education for the operation and management of public 
140-30    library services and public libraries. Subject to 
140-31    subsection (b) of this Code section, all persons employed 
140-32    by and positions authorized for the Department of 
140-33    Technical and Adult Education to perform these functions 
140-34    on June 30, 2000, shall, on July 1, 2000, be transferred 
140-35    to the board of regents.  All office equipment, furniture, 
140-36    and other assets in possession of the Department of 
140-37    Technical and Adult Education which are used or held 
140-38    exclusively or principally by personnel transferred under 
140-39    this subsection shall be transferred to the board of 
140-40    regents on July 1, 2000. 
 
140-41    (b) All transfers of employees and assets provided for in 
140-42    subsection (a) of this Code section shall be subject to 
 
 
                                -140- 
 
 
 
141- 1    the approval of the board of regents, and such personnel 
141- 2    or assets shall not be transferred if the board of regents 
141- 3    determines that a specific employee or asset should remain 
141- 4    with the transferring agency. 
 
141- 5    (c) Employees who are transferred to the board of regents 
141- 6    pursuant to this Code section shall be subject to the 
141- 7    employment practices and policies of the board on and 
141- 8    after July 1, 2000, but the compensation and benefits of 
141- 9    such transferred employees shall not be reduced as a 
141-10    result of such transfer.  Employees who are subject to the 
141-11    rules of the State Personnel Board and thereby under the 
141-12    State Merit System of Personnel Administration and who are 
141-13    transferred to the board of regents shall retain all 
141-14    existing rights under the State Merit System of Personnel 
141-15    Administration.  Retirement rights of such transferred 
141-16    employees existing under the Employees' Retirement System 
141-17    of Georgia or other public retirement systems on June 30, 
141-18    2000, shall not be impaired or interrupted by the transfer 
141-19    of such employees and membership in any such retirement 
141-20    system shall continue in the same status possessed by the 
141-21    transferred employees on June 30, 2000.  Accrued annual 
141-22    and sick leave possessed by said employees on June 30, 
141-23    2000, shall be retained by said employees as employees of 
141-24    the board. 
 
141-25    (d) Funding for functions and positions transferred to the 
141-26    board of regents under this Code section shall be 
141-27    transferred as provided in Code Section 45-12-90. 
 
141-28    (e) The board of regents shall succeed to all rules, 
141-29    regulations, policies, procedures, and administrative 
141-30    orders of the Department of Technical and Adult Education, 
141-31    where applicable, which are in effect on June 30, 2000, 
141-32    and which relate to the functions transferred to the 
141-33    board.  Such rules, regulations, policies, and procedures 
141-34    shall remain in effect until amended, repealed, 
141-35    superseded, or nullified by the board of regents." 
 
141-36                          SECTION 77. 
 
141-37  Said chapter is further amended in Code Section 20-3-519.2, 
141-38  relating to eligibility requirements for a HOPE scholarship 
141-39  at a public postsecondary institution, by striking 
141-40  subsections (d) and (e) and inserting in lieu thereof new 
141-41  subsections (d) and (e) to read as follows: 
 
 
 
 
 
                                -141- 
 
 
 
142- 1    "(d) To be eligible for a HOPE scholarship, a senior 
142- 2    student seeking a baccalaureate degree at a public 
142- 3    postsecondary institution shall: 
 
142- 4      (1) Meet residency requirements by meeting the 
142- 5      requirements to be classified as a legal resident of 
142- 6      Georgia as established by the program regulations 
142- 7      promulgated by the Georgia Student Finance Commission 
142- 8      which shall be based upon the in-state tuition policy of 
142- 9      the board of regents and the in-state tuition guidelines 
142-10      set by the Department of Technical and Adult Education; 
 
142-11      (2) Meet achievement standards by meeting the following 
142-12      criteria: 
 
142-13        (A) Meeting all achievement standards for HOPE 
142-14        eligibility in his or her junior year;  
 
142-15        (B) Earning a cumulative grade point average of at 
142-16        least 3.0 at a postsecondary institution at the end of 
142-17        the quarter or semester in which the student has 
142-18        attempted 135 quarter hours or 90 semester hours; and 
 
142-19        (C)(B) Maintaining satisfactory academic progress in a 
142-20        course of study in accordance with the standards and 
142-21        practices used for federal Title IV programs by the 
142-22        postsecondary institution in which the student is 
142-23        enrolled; and 
 
142-24      (3) Meet enrollment standards by being admitted, 
142-25      enrolled, and classified as an undergraduate student in 
142-26      a matriculated status or, in the case of an otherwise 
142-27      eligible student who is classified as a professional 
142-28      level student rather than an undergraduate student, 
142-29      being accepted into the professional level program of 
142-30      study prior to receiving a baccalaureate degree. 
 
142-31    (e) A student who fails to maintain a cumulative grade 
142-32    point average of at least 3.0 at the end of the quarter or 
142-33    semester in which the student has attempted 45 quarter 
142-34    hours or 30 semester hours may attend the next 45 quarter 
142-35    or 30 semester hours without a HOPE scholarship.  An 
142-36    otherwise eligible student who regains a cumulative grade 
142-37    point average of at least 3.0 at the end of the a quarter 
142-38    or semester in which the student has attempted 90 quarter 
142-39    hours or 135 quarter hours or 60 semester hours or 90 
142-40    semester hours may requalify for a HOPE scholarship." 
 
 
 
 
 
                                -142- 
 
 
 
143- 1                          SECTION 78. 
 
143- 2  Said chapter is further amended in Code Section 20-3-519.5, 
143- 3  relating to eligibility requirements for a HOPE grant at a 
143- 4  branch of the Georgia Department of Technical and Adult 
143- 5  Education, by striking subsection (c) and inserting in lieu 
143- 6  thereof a new subsection (c) to read as follows: 
 
143- 7    "(c) An eligible student may receive HOPE grants for all 
143- 8    course work required by the institution for two programs 
143- 9    of study leading to a certificate or diploma, including 
143-10    remedial or developmental studies. Such a student may 
143-11    change his or her program of study twice." 
 
143-12                          SECTION 79. 
 
143-13  Said chapter is further amended in Code Section 20-3-519.7, 
143-14  relating to eligibility for a PROMISE teacher's scholarship, 
143-15  by striking subsection (a) and inserting in lieu thereof a 
143-16  new subsection (a) to read as follows: 
 
143-17    "(a) To be eligible for a PROMISE teacher's scholarship, a 
143-18    student seeking a bachelor's degree in teacher education 
143-19    shall: 
 
143-20      (1) Be admitted, enrolled, and classified as an a 
143-21      full-time or part-time undergraduate student in a 
143-22      matriculated status at an eligible postsecondary 
143-23      institution maintaining satisfactory academic progress 
143-24      in accordance with the standards and practices used for 
143-25      federal Title IV programs by the institution at which 
143-26      the student is enrolled; 
 
143-27      (2) For a student in the junior year, have earned a 
143-28      minimum overall cumulative 3.6 3.2 grade average in a 
143-29      postsecondary institution at the beginning of the first 
143-30      term for which scholarship aid is requested and be 
143-31      maintaining satisfactory academic progress in his or her 
143-32      course of study in accordance with the standards and 
143-33      practices used for federal Title IV programs by the 
143-34      postsecondary institution in which the student is 
143-35      enrolled; 
 
143-36      (3) For a student in the senior year, have received the 
143-37      PROMISE teacher's scholarship in his or her junior year, 
143-38      and be maintaining satisfactory academic progress in his 
143-39      or her course of study in accordance with the standards 
143-40      and practices used for federal Title IV programs by the 
143-41      postsecondary institution in which the student is 
143-42      enrolled; 
 
 
                                -143- 
 
 
 
144- 1      (4) Be accepted for enrollment into an approved teacher 
144- 2      education program in Georgia leading to initial 
144- 3      certification; and  
 
144- 4      (5) Not yet have obtained a baccalaureate degree; and 
 
144- 5      (6) (5) Agree to teach in a public school in Georgia at 
144- 6      the preschool, elementary, middle, or secondary level 
144- 7      for one academic year for each $1,500.00 in PROMISE 
144- 8      teacher scholarship funds awarded and sign a promissory 
144- 9      note that stipulates the cash repayment obligation 
144-10      incurred if the teaching service is not fulfilled." 
 
144-11                          SECTION 80. 
 
144-12  Said chapter is further amended in Part 7 of Article 7, 
144-13  relating to HOPE Scholarships and Grants, by striking in its 
144-14  entirety Code Section 20-3-519.10, relating to the 
144-15  application of HOPE scholarships and HOPE grants, and 
144-16  inserting in lieu thereof a new Code Section 20-3-519.10 to 
144-17  read as follows: 
 
144-18    "20-3-519.10. 
 
144-19    A HOPE scholarship and a HOPE grant may be applied only to 
144-20    tuition, and mandatory fees, not covered by any Pell grant 
144-21    or other federal grant and book costs." 
 
144-22                          SECTION 81. 
 
144-23  Said chapter is further amended in Part 7 of Article 7, 
144-24  relating to HOPE scholarships and grants, by adding at the 
144-25  end thereof a new Code Section 20-3-519.12 to read as 
144-26  follows: 
 
144-27    "20-3-519.12. 
 
144-28    (a) As used in this Code section, the terms 
144-29    'paraprofessional' and 'instructional aide' shall have the 
144-30    same meaning as provided in Code Section 20-2-204. 
 
144-31    (b) To be eligible for a PROMISE II teacher's scholarship, 
144-32    a student seeking a bachelor's degree in teacher education 
144-33    shall: 
 
144-34      (1) Meet residency requirements by: 
 
144-35        (A) In the case of a student attending a unit of the 
144-36        University System of Georgia, meeting the requirements 
144-37        to be eligible for in-state tuition under the policy 
144-38        set by the board of regents; or 
 
 
 
 
                                -144- 
 
 
 
145- 1        (B) In the case of a student attending an eligible 
145- 2        private postsecondary institution, being classified as 
145- 3        a legal resident of Georgia for the purposes of a 
145- 4        tuition equalization grant; 
 
145- 5      (2) Be employed in a public school in Georgia as a 
145- 6      paraprofessional or instructional aide and have been 
145- 7      employed in a public school in Georgia as a 
145- 8      paraprofessional or instructional aide throughout the 
145- 9      1999-2000 school year; 
 
145-10      (3) Be accepted for enrollment into an approved teacher 
145-11      education program in Georgia leading to initial 
145-12      certification; 
 
145-13      (4) Not yet have obtained a baccalaureate degree; and 
 
145-14      (5) Agree to teach in a public school in Georgia at the 
145-15      preschool, elementary, middle, or secondary level for 
145-16      one academic year for each 30 semester or 45 quarter 
145-17      hours completed using PROMISE II scholarship funds and 
145-18      sign a promissory note that stipulates the cash 
145-19      repayment obligation incurred if the teaching service is 
145-20      not fulfilled. 
 
145-21    (c) Subject to the amounts appropriated by the General 
145-22    Assembly and provisions relating to the scholarship 
145-23    shortfall reserve subaccount in Code Section 50-27-13, a 
145-24    PROMISE II teacher's scholarship shall not exceed the cost 
145-25    of tuition, approved mandatory fees, and a book allowance 
145-26    not to exceed $100.00 per quarter or $150.00 per semester 
145-27    for a student enrolled in a unit of the University System 
145-28    of Georgia and shall not exceed $3,000.00 for a student 
145-29    attending an eligible private postsecondary institution. 
 
145-30    (d) A PROMISE II teacher's scholarship may be applied 
145-31    toward no more than 30 semester or 45 quarter hours of 
145-32    study. 
 
145-33    (e) For students eligible for a PROMISE II teacher's 
145-34    scholarship under this Code section, no minimum number of 
145-35    hours of enrollment is required." 
 
145-36                          SECTION 82. 
 
145-37  Chapter 4 of Title 20 of the Official Code of Georgia 
145-38  Annotated, relating to vocational, technical, and adult 
145-39  education, is amended in Code Section 20-4-10, relating to 
145-40  the membership and officers of the State Board of Technical 
145-41  and Adult Education, by striking in its entirety subsection 
 
 
 
                                -145- 
 
 
 
146- 1  (a) and inserting in lieu thereof a new subsection (a) to 
146- 2  read as follows: 
 
146- 3    "(a) There is established a State Board of Technical and 
146- 4    Adult Education consisting of not fewer than one member 
146- 5    from each congressional district and five nine at-large 
146- 6    members who shall be appointed by the Governor and 
146- 7    confirmed by the Senate for five-year terms.  Board 
146- 8    members in office on June 30, 1989 2000, shall serve out 
146- 9    the remainder of their respective terms. Upon expiration 
146-10    of those terms, the Governor shall appoint five seven 
146-11    successors to two-year terms, five six successors to 
146-12    three-year terms, and five six successors to five-year 
146-13    terms.  All subsequent appointments shall be for regular 
146-14    five-year terms.  Members shall represent business, 
146-15    industry, or economic development.  The board shall elect 
146-16    from its members a chairperson, vice chairperson, and such 
146-17    other officers as are considered necessary, each to serve 
146-18    for two-year terms.  Officers may be elected to succeed 
146-19    themselves. Members shall serve until their successors are 
146-20    appointed; however, in the event of a vacancy on the board 
146-21    because of death, resignation, or removal for any reason 
146-22    other than expiration of a member's term, the Governor 
146-23    shall fill such vacancy in the same manner as the original 
146-24    appointment and the person so appointed shall serve for 
146-25    the unexpired term of office." 
 
146-26                          SECTION 83. 
 
146-27  Said chapter is further amended in Code Section 20-4-11, 
146-28  relating to the powers of the State Board of Technical and 
146-29  Adult Education, by striking paragraphs (8) and (9) and 
146-30  inserting in lieu thereof new paragraphs (8) through (11) to 
146-31  read as follows: 
 
146-32      "(8) Establish a plan whereby employees of the 
146-33      Department of Technical and Adult Education may, through 
146-34      payroll deductions, make voluntary contributions to the 
146-35      Georgia Fund for Technical and Adult Education, Inc., 
146-36      provided that such plan shall: 
 
146-37        (A) Be consistent with the requirements of subsection 
146-38        (b) of Code Section 45-20-53, Code Section 45-20-54, 
146-39        Code Section 45-20-55, and Code Section 45-20-56; and 
 
146-40        (B) Not interfere with the right of employees of the 
146-41        Department of Technical and Adult Education to make 
146-42        voluntary contributions to other charitable 
 
 
 
                                -146- 
 
 
 
147- 1        organizations pursuant to the provisions of Article 3 
147- 2        of Chapter 20 of Title 45; and 
 
147- 3      (9) Prescribe criteria, policies, and standards deemed 
147- 4      necessary for the effective implementation of a program 
147- 5      financed wholly or partially from appropriations from 
147- 6      the Lottery for Education Account and established for 
147- 7      the purpose of providing teachers the necessary training 
147- 8      in the use and application of computers and advanced 
147- 9      electronic instructional technology to implement 
147-10      interactive learning environments in the classroom and 
147-11      to access the state-wide distance learning network. 
147-12      Such program shall include the expenditure of funds 
147-13      appropriated for such purpose to defray the costs 
147-14      associated with repairing and maintaining advanced 
147-15      electronic instructional technology. ; 
 
147-16      (10) Approve a request by a postsecondary technical 
147-17      school or institution governed under this chapter to be 
147-18      named a technical college upon the approval and granting 
147-19      of occupational degree-granting status by the State 
147-20      Board of Technical and Adult Education and upon 
147-21      receiving accreditation by the Commission on Colleges of 
147-22      the Southern Association of Schools, the Council on 
147-23      Occupational Education, or any other appropriate 
147-24      accrediting agency approved by the United States 
147-25      Secretary of Education.  The use of the name technical 
147-26      college shall not alter the governance of the technical 
147-27      school or institution as established under this chapter 
147-28      nor shall it abridge the authority of the Board of 
147-29      Regents of the University System of Georgia under the 
147-30      Constitution of this state; and 
 
147-31      (11) Submit an annual request for funding to the Office 
147-32      of Planning and Budget as prescribed in Code Sections 
147-33      45-12-78 and 45-12-79.  Such submission shall reflect a 
147-34      request for funds pursuant to an enrollment driven 
147-35      formula that reflects funds for direct instructional 
147-36      costs to include salaries and instructional supplies and 
147-37      equipment, funds for indirect support, maintenance and 
147-38      operation, staff and professional development, and media 
147-39      services.  Such funding shall be subject to 
147-40      appropriation by the General Assembly." 
 
147-41                          SECTION 84. 
 
147-42  Said chapter is further amended by repealing in its entirety 
147-43  Code Section 20-4-14.1, relating to the transfer of public 
 
 
 
                                -147- 
 
 
 
148- 1  library functions and powers from the State Board of 
148- 2  Education and the Department of Education to the Department 
148- 3  of Technical and Adult Education, which reads as follows: 
 
148- 4    "20-4-14.1. 
 
148- 5    (a) Effective July 1, 1996, the Department of Technical 
148- 6    and Adult Education shall carry out all the functions and 
148- 7    exercise all of the powers formerly held by the State 
148- 8    Board of Education and the Department of Education for the 
148- 9    operation and management of public library services and 
148-10    public libraries. Subject to subsection (c) of this Code 
148-11    section, all persons employed by and positions authorized 
148-12    for the Department of Education to perform these functions 
148-13    on June 30, 1996, shall, on July 1, 1996, be transferred 
148-14    to the Department of Technical and Adult Education.  All 
148-15    office equipment, furniture, and other assets in 
148-16    possession of the Department of Education which are used 
148-17    or held exclusively or principally by personnel 
148-18    transferred under this subsection shall be transferred to 
148-19    the Department of Technical and Adult Education on July 1, 
148-20    1996. 
 
148-21    (b) All transfers of employees and assets provided for in 
148-22    subsection (a) of this Code section shall be subject to 
148-23    the approval of the commissioner of technical and adult 
148-24    education, and such personnel or assets shall not be 
148-25    transferred if the commissioner determines that a specific 
148-26    employee or asset should remain with the transferring 
148-27    agency. 
 
148-28    (c) Persons who have transferred to the Department of 
148-29    Technical and Adult Education pursuant to subsection (a) 
148-30    of this Code section who are in the classified service of 
148-31    the state merit system at the time of the transfer may 
148-32    elect to remain in such classified service and be governed 
148-33    by the provisions thereof; provided, however, that if any 
148-34    such person accepts a promotion or transfers to another 
148-35    position, that person shall become an employee in the 
148-36    unclassified service. 
 
148-37    (d) Persons who are transferred to the Department of 
148-38    Technical and Adult Education pursuant to subsection (a) 
148-39    of this Code section who are members of the Employees' 
148-40    Retirement System of Georgia created in Chapter 2 of Title 
148-41    47 or the Teachers Retirement System of Georgia created in 
148-42    Chapter 3 of Title 47 can elect to continue membership in 
148-43    the same retirement system in which such person already is 
 
 
 
                                -148- 
 
 
 
149- 1    a member in accordance with applicable laws, rules, and 
149- 2    regulations. All rights, credits, and funds in any such 
149- 3    retirement system which are possessed by state personnel 
149- 4    transferred by provisions of this chapter to the 
149- 5    Department of Technical and Adult Education, or otherwise 
149- 6    held by persons at the time of employment with the 
149- 7    Department of Technical and Adult Education, are continued 
149- 8    and preserved, it being the intention of the General 
149- 9    Assembly that such persons shall not lose any rights, 
149-10    credits, or funds to which they may be entitled prior to 
149-11    becoming employees of the Department of Technical and 
149-12    Adult Education, unless such persons fail to elect to 
149-13    continue membership in the same retirement system in which 
149-14    such persons already are members.  Once such election is 
149-15    made by such personnel, the election is irrevocable during 
149-16    the tenure of employment with the Department of Technical 
149-17    and Adult Education. Except as provided in this 
149-18    subsection, no employment benefit of any employee 
149-19    transferring to the Department of Technical and Adult 
149-20    Education shall be impaired. 
 
149-21    (e) Newly hired employees of the Department of Technical 
149-22    and Adult Education who perform duties previously 
149-23    performed by the Department of Education in accordance 
149-24    with this Code section shall become members in a 
149-25    retirement system as provided in Code Section 20-4-25 or 
149-26    20-4-26. 
 
149-27    (f) Funding for functions and positions transferred to the 
149-28    Department of Technical and Adult Education under this 
149-29    Code section shall be transferred as provided in Code 
149-30    Section 45-12-90. 
 
149-31    (g) The Department of Technical and Adult Education shall 
149-32    succeed to all rules, regulations, policies, procedures, 
149-33    and administrative orders of the Department of Education, 
149-34    where applicable, which are in effect on June 30, 1996, 
149-35    and which relate to the functions transferred to the 
149-36    department.  Such rules, regulations, policies, and 
149-37    procedures shall remain in effect until amended, repealed, 
149-38    superseded, or nullified by the State Board or Department 
149-39    of Technical and Adult Education." 
 
149-40                          SECTION 85. 
 
149-41  Chapter 5 of Title 20 of the Official Code of Georgia 
149-42  Annotated, relating to libraries, is amended by striking in 
149-43  its entirety Article 1, relating to state public library 
 
 
 
                                -149- 
 
 
 
150- 1  activities, and inserting in lieu thereof a new Article 1 to 
150- 2  read as follows: 
 
 
 
150- 3    20-5-1. 
 
150- 4    It is declared to be the policy of the state, as a part of 
150- 5    the provisions for public education, to promote the 
150- 6    establishment of public library service throughout the 
150- 7    state. 
 
150- 8    20-5-1.1. 
 
150- 9    As used in this article, the term 'board of regents' means 
150-10    the Board of Regents of the University System of Georgia. 
 
150-11    20-5-2. 
 
150-12    (a) The Department of Technical and Adult Education board 
150-13    of regents shall give aid, advice, and counsel to all 
150-14    libraries and to communities which may propose to 
150-15    establish libraries as to the best means of establishing 
150-16    and administering them, the selection of books, 
150-17    cataloging, and other details of library management and 
150-18    shall exercise supervision over all public libraries and 
150-19    endeavor to improve libraries already established.  The 
150-20    Department of Technical and Adult Education board of 
150-21    regents may also conduct a book-lending and information 
150-22    service for the benefit of the citizens of the state, free 
150-23    of cost except postage. The Department of Technical and 
150-24    Adult Education board of regents is also authorized to 
150-25    purchase books, periodicals, and other instructional 
150-26    materials for such purposes.  The Department of Technical 
150-27    and Adult Education board of regents may also employ 
150-28    necessary professional and clerical staff to carry on the 
150-29    work as stated in this Code section and may pay their 
150-30    necessary traveling expenses while engaged in such work. 
 
150-31    (b) The Department of Technical and Adult Education board 
150-32    of regents shall have authority to accept gifts of books, 
150-33    money, or other property from any public or private 
150-34    source, including the federal government and shall have 
150-35    authority to perform any and all functions necessary to 
150-36    carry out the intention and purposes of this article. 
 
150-37    (c) The State Library Commission is abolished, and the 
150-38    functions and services exercised and performed by it shall 
150-39    be exercised and performed by the Department of Technical 
150-40    and Adult Education board of regents. 
 
 
 
                                -150- 
 
 
 
151- 1    (d) The collection of books, periodicals, documents, and 
151- 2    other library materials held by the Department of 
151- 3    Technical and Adult Education board of regents is 
151- 4    designated as the State Library. 
 
151- 5    (e) Each department and institution within the executive 
151- 6    branch of state government shall make a report to the 
151- 7    director of the University of Georgia Libraries on or 
151- 8    before December 1 of each year containing a list by title 
151- 9    of all public documents published or issued by such 
151-10    department or institution during the preceding state 
151-11    fiscal year.  The report shall also contain a statement 
151-12    noting the frequency of publication of each such public 
151-13    document. The director of the University of Georgia 
151-14    Libraries may disseminate copies of the lists, or such 
151-15    parts thereof, in such form as the director of University 
151-16    of Georgia Libraries, in his or her discretion, deems 
151-17    shall best serve the public interest.  For purposes of 
151-18    this article, 'public documents' shall mean the books, 
151-19    magazines, journals, pamphlets, reports, bulletins, and 
151-20    other publications of any agency, department, board, 
151-21    bureau, commission, or other institution of the executive 
151-22    branch of state government but specifically shall not 
151-23    include the reports of the Supreme Court and the Court of 
151-24    Appeals, the journals of the House and the Senate, or the 
151-25    session laws enacted by the General Assembly and shall not 
151-26    include forms published by any agency, department, board, 
151-27    bureau, commission, or other institution of the executive 
151-28    branch of state government. 
 
151-29    (f) Each department and institution within the executive 
151-30    branch of state government shall submit to the director of 
151-31    the University of Georgia Libraries at least five copies 
151-32    of each of the public documents which such departments and 
151-33    institutions publish, within one month of its date of 
151-34    publication, unless the director of the University of 
151-35    Georgia Libraries requests additional copies of any such 
151-36    public documents, up to a maximum of 60 copies, in which 
151-37    case the number of copies requested shall be submitted. 
 
151-38    (g) The Governor and all of the officers who are or may be 
151-39    required to make reports to the General Assembly shall 
151-40    furnish the director of the University of Georgia 
151-41    Libraries with at least five copies of each of such 
151-42    reports and additional copies upon request of the director 
151-43    of the University of Georgia Libraries. 
 
 
 
 
                                -151- 
 
 
 
152- 1    (h) The Department of Administrative Services, the Georgia 
152- 2    Correctional Industries Administration, the Board of 
152- 3    Regents of the University System of Georgia, and any other 
152- 4    agency of state government which prints public documents 
152- 5    shall furnish to the director of the University of Georgia 
152- 6    Libraries on a monthly basis a record of all public 
152- 7    documents which have been printed or scheduled for 
152- 8    printing by that agency during the preceding month. 
 
152- 9    (i) The director of the University of Georgia Libraries 
152-10    shall have the authority to supply copies of public 
152-11    documents to any state institution, public library, or 
152-12    public school in this state or to any other institution of 
152-13    learning which maintains a library, if such copies are 
152-14    available.  Such copies may be furnished for a reasonable 
152-15    cost or free of charge or for the cost of postage or 
152-16    shipping, as the director of the University of Georgia 
152-17    Libraries deems appropriate. 
 
152-18    (j) The director of the University of Georgia Libraries 
152-19    shall have the authority to act as the exchange agent of 
152-20    this state for the purpose of a regular exchange between 
152-21    this state and other states of public documents.  The 
152-22    several state departments and institutions are required to 
152-23    deposit with the director of the University of Georgia 
152-24    Libraries for that purpose up to 50 copies of each of 
152-25    their public documents, as may be specified by the 
152-26    director of the University of Georgia Libraries. 
 
152-27    (k) The director of the University of Georgia Libraries 
152-28    may transfer books and other library holdings to the 
152-29    Department of Archives and History, the Board of Regents 
152-30    of the University System of Georgia, the State Law 
152-31    Library, or other public libraries.  Books and other 
152-32    library holdings which are obsolete, defective, worn out, 
152-33    or surplus, or otherwise in the discretion of the director 
152-34    of the University of Georgia Libraries are not required, 
152-35    may be sold, destroyed, or otherwise disposed of by the 
152-36    director of the University of Georgia Libraries, without 
152-37    the need to comply with the provisions of Article 5 of 
152-38    Chapter 13 of Title 45 relating to the disposition of 
152-39    surplus state books. 
 
152-40    (l) The director of the University of Georgia Libraries 
152-41    shall have the authority to employ the necessary 
152-42    personnel, including documents librarians and other 
152-43    professional personnel, to carry out the powers and duties 
152-44    set forth in this Code section. 
 
 
                                -152- 
 
 
 
153- 1    20-5-3. 
 
153- 2    In order to effectuate the purposes of this article there 
153- 3    shall be made available to the Department of Technical and 
153- 4    Adult Education board of regents whatever funds may be 
153- 5    duly allocated to it by the proper authority, either by 
153- 6    specific appropriation or otherwise as now provided by 
153- 7    law, and the Department of Technical and Adult Education 
153- 8    board of regents shall be authorized to disburse such 
153- 9    funds to public libraries serving persons of all ages 
153-10    through legally constituted municipal library boards or to 
153-11    the other legally constituted local library boards as may 
153-12    now or hereafter be established by law.  The Department of 
153-13    Technical and Adult Education board of regents shall use 
153-14    such funds for the purpose of aiding and supplementing the 
153-15    establishment and development of public library services. 
 
153-16    20-5-4. 
 
153-17    All public libraries in the state shall submit reports 
153-18    annually to the Department of Technical and Adult 
153-19    Education board of regents." 
 
153-20                          SECTION 86. 
 
153-21  Said chapter is further amended by striking in its entirety 
153-22  Code Section 20-5-45, relating to directors of county and 
153-23  regional public library systems and their duties and 
153-24  responsibilities, and inserting in lieu thereof a new Code 
153-25  Section 20-5-45 to read as follows: 
 
153-26    "20-5-45. 
 
153-27    Every public library system shall have a director.  Any 
153-28    person appointed as director of a public library system 
153-29    must hold at least a Grade 5(b) Librarian's Professional 
153-30    Graduate Certificate, as defined by the State Board for 
153-31    the Certification of Librarians; provided, however, that 
153-32    any person who was serving as acting director of a public 
153-33    library system as of July 1, 1984, shall be authorized to 
153-34    continue to serve as director.  The director shall be 
153-35    appointed by the board of trustees and shall be the 
153-36    administrative head of the library system under the 
153-37    direction and review of the board.  The director of a 
153-38    library system shall have duties and responsibilities 
153-39    which include but are not limited to the following: 
 
153-40      (1) To recommend for employment or termination other 
153-41      staff members, as necessary, in compliance with 
153-42      applicable laws and the availability of funds and to 
 
 
                                -153- 
 
 
 
154- 1      employ or terminate other staff members if so authorized 
154- 2      by the library board; 
 
154- 3      (2) To attend all meetings called by the Office of 
154- 4      Public Library Services of the Department of Technical 
154- 5      and Adult Education Board of Regents of the University 
154- 6      System of Georgia or send a substitute authorized by the 
154- 7      division director; 
 
154- 8      (3) To prepare any local, state, or federal annual 
154- 9      budgets; 
 
154-10      (4) To notify the board of trustees and the Office of 
154-11      Public Library Services of the Department of Technical 
154-12      and Adult Education Board of Regents of the University 
154-13      System of Georgia of any failure to comply with: 
 
154-14        (A) Policies of the board; 
 
154-15        (B) Criteria for state aid; 
 
154-16        (C) State and federal rules and regulations; and 
 
154-17        (D) All applicable local, state, or federal laws; 
 
154-18      (5) To administer the total library program, including 
154-19      all affiliated libraries, in accordance with policies 
154-20      adopted by the system board of trustees; and 
 
154-21      (6) To attend all meetings of the system board of 
154-22      trustees and affiliated boards of trustees or to 
154-23      designate a person to attend in his or her place." 
 
154-24                          SECTION 87. 
 
154-25  Said chapter is further amended in Code Section 20-5-47, 
154-26  relating to written constitutions of county and regional 
154-27  public libraries, by striking in its entirety subsection (c) 
154-28  and inserting in lieu thereof a new subsection (c) to read 
154-29  as follows: 
 
154-30    "(c) All current constitutions and bylaws must be on file 
154-31    in the Office of Public Library Services of the Department 
154-32    of Technical and Adult Education Board of Regents of the 
154-33    University System of Georgia, and all amendments must be 
154-34    filed with the division immediately upon adoption." 
 
154-35                          SECTION 88. 
 
154-36  Said chapter is further amended by striking in its entirety 
154-37  Code Section 20-5-48, relating to the ownership of county 
154-38  and regional public library property, and inserting in lieu 
154-39  thereof a new Code Section 20-5-48 to read as follows: 
 
 
                                -154- 
 
 
 
155- 1    "20-5-48. 
 
155- 2    (a) A clear title in fee simple to an approved site on 
155- 3    which a library facility is to be located shall be held by 
155- 4    either the library board of trustees or the county or 
155- 5    municipality.  Title to property used for library purposes 
155- 6    shall be vested in the library board of trustees or in 
155- 7    that local agency which makes the major financial 
155- 8    contribution toward construction costs. Notwithstanding 
155- 9    any provision in this part to the contrary, any facility, 
155-10    the title to which currently is held by a nonprofit 
155-11    organization and which is now being operated by a public 
155-12    library board of trustees, may continue to be operated by 
155-13    that library board of trustees if the operation of that 
155-14    facility by the board of trustees meets the standards of 
155-15    the Office of Public Library Services of the Department of 
155-16    Technical and Adult Education Board of Regents of the 
155-17    University System of Georgia; and the title to that 
155-18    facility may remain in the hands of that nonprofit 
155-19    organization.  When the composition of a library system is 
155-20    changed or when the library system is dissolved and the 
155-21    title is vested in the library board of trustees, the 
155-22    Office of Public Library Services of the Department of 
155-23    Technical and Adult Education Board of Regents of the 
155-24    University System of Georgia shall serve as mediator in 
155-25    determining ownership of property. 
 
155-26    (b) Other property including, but not limited to, 
155-27    equipment and materials that were purchased with state, 
155-28    federal, or contract funds coming through the system 
155-29    budget shall be owned by the system board of trustees and 
155-30    shall be placed or transferred where it is most useful. 
155-31    Upon dissolution or significant structural change within 
155-32    the system, such property shall be divided on a pro rata 
155-33    basis according to the proportion of financial costs of 
155-34    property borne by the involved parties.  The library 
155-35    system board of trustees shall furnish the financial and 
155-36    statistical information considered by the parties 
155-37    attempting to reach agreement.  If the parties are unable 
155-38    to reach a mutually agreeable solution, the final decision 
155-39    of property ownership shall be made by the Office of 
155-40    Public Library Services of the Department of Technical and 
155-41    Adult Education Board of Regents of the University System 
155-42    of Georgia or its designee." 
 
 
 
 
 
                                -155- 
 
 
 
156- 1                          SECTION 89. 
 
156- 2  Said chapter is further amended in Code Section 20-5-51, 
156- 3  relating to the dissolution of or withdrawal from a county 
156- 4  or regional library system, by striking in its entirety 
156- 5  subsection (e) and inserting in lieu thereof a new 
156- 6  subsection (e) to read as follows: 
 
156- 7    "(e) If the system's constitution and bylaws or 
156- 8    participating agreement fails to describe a notice period 
156- 9    for expulsion, the proper notice shall be sent not less 
156-10    than six months prior to the end of the state fiscal year. 
156-11    This notice must be sent to the chairperson of the county 
156-12    board of trustees, all funding agencies party to the 
156-13    participating agreement, the system library director, and 
156-14    the Office of Public Library Services of the Department of 
156-15    Technical and Adult Education Board of Regents of the 
156-16    University System of Georgia." 
 
156-17                          SECTION 90. 
 
156-18  Said chapter is further amended in Article 3, relating to an 
156-19  interstate library compact, by striking in its entirety Code 
156-20  Section 20-5-60, relating to the definition of "state 
156-21  library agency," and inserting in lieu thereof a new Code 
156-22  Section 20-5-60 to read as follows: 
 
156-23    "20-5-60. 
 
156-24    As used in the Interstate Library Compact, 'state library 
156-25    agency,' with reference to this state, means the Public 
156-26    Library Service Office of the Department of Technical and 
156-27    Adult Education of Georgia Office of Public Library 
156-28    Services of the Board of Regents of the University System 
156-29    of Georgia." 
 
156-30                          SECTION 91. 
 
156-31  Said chapter is further amended in Article 3, relating to an 
156-32  interstate library compact, by striking in its entirety Code 
156-33  Section 20-5-64, relating to the appointment a compact 
156-34  administrator and deputy administrators, and inserting in 
156-35  lieu thereof a new Code Section 20-5-64 to read as follows: 
 
156-36    "20-5-64. 
 
156-37    The State School Superintendent board of regents shall 
156-38    appoint an officer of this state to be the compact 
156-39    administrator pursuant to Article X of the compact. The 
156-40    State School Superintendent board of regents shall also 
 
 
 
                                -156- 
 
 
 
157- 1    appoint one or more deputy compact administrators pursuant 
157- 2    to such article." 
 
157- 3                          SECTION 92. 
 
157- 4  Said chapter is further amended in Article 3, relating to an 
157- 5  interstate library compact, by striking in its entirety Code 
157- 6  Section 20-5-65, relating to notices of withdrawal from the 
157- 7  compact, and inserting in lieu thereof a new Code Section 
157- 8  20-5-65 to read as follows: 
 
157- 9    "20-5-65. 
 
157-10    In the event of withdrawal from the compact, the State 
157-11    School Superintendent board of regents shall send and 
157-12    receive any notices required by Article XI(b) of the 
157-13    compact." 
 
157-14                          SECTION 93. 
 
157-15  Title 20 of the Official Code of Georgia Annotated, relating 
157-16  to education, is amended by adding at the end thereof a new 
157-17  chapter, to be designated as Chapter 14, to read as follows: 
 
 
 
 
157-18    20-14-1. 
 
157-19    The General Assembly finds in regard to the creation of an 
157-20    Education Coordinating Council that said council should: 
 
157-21      (1) Provide a forum for interagency communication 
157-22      regarding educational policy and programs; 
 
157-23      (2) Provide for the effective and efficient coordination 
157-24      and seamlessness of public education programs and 
157-25      components within the education system of Georgia; 
 
157-26      (3) Prevent unnecessary duplication of services within 
157-27      the education system of Georgia; and 
 
157-28      (4) Oversee and review all education accountability 
157-29      programs from pre-kindergarten through postsecondary 
157-30      education in Georgia. 
 
157-31    20-14-2. 
 
157-32    There is created an education council to be known as the 
157-33    'Education Coordinating Council' or 'council' and as used 
157-34    in this chapter, the term 'council' shall mean the 
157-35    Education Coordinating Council. 
 
 
 
 
                                -157- 
 
 
 
158- 1    20-14-3. 
 
158- 2    (a) The council shall consist of the Governor, the State 
158- 3    School Superintendent, the chairperson of the State Board 
158- 4    of Education, the chancellor of the University System of 
158- 5    Georgia, the chairperson of the Board of Regents of the 
158- 6    University System of Georgia, the commissioner of the 
158- 7    Department of Technical and Adult Education, the 
158- 8    chairperson of the State Board of Technical and Adult 
158- 9    Education, the executive secretary of the Professional 
158-10    Standards Commission, the chairperson of the Professional 
158-11    Standards Commission, and the director of the Office of 
158-12    School Readiness. 
 
158-13    (b) The Governor shall be the chairperson of the council. 
158-14    A vice chairperson and a secretary shall be selected by 
158-15    the members of the council as prescribed in the council's 
158-16    bylaws. 
 
158-17    (c) Meetings of the council shall be held quarterly, or 
158-18    more frequently, on the call of the chairperson.  Meetings 
158-19    of the council shall be held with no less than five days 
158-20    public notice for regular meetings and with such notice as 
158-21    the bylaws may prescribe for special meetings.  Each 
158-22    member shall be given written notice of all meetings.  All 
158-23    meetings of the council shall be subject to the provisions 
158-24    of Chapter 14 of Title 50.   Minutes or transcripts shall 
158-25    be kept of all meetings of the council and  shall include 
158-26    a record of the votes of each  member, specifying the yea 
158-27    or nay vote or absence of each member, on all questions 
158-28    and matters coming before the council.  No member may 
158-29    abstain from a vote other than for reasons constituting 
158-30    disqualification to the satisfaction of a majority of a 
158-31    quorum of the council on a recorded vote.  No member of 
158-32    the council shall be represented by a delegate or agent. 
 
158-33    20-14-4. 
 
158-34    (a) Except as otherwise provided in this part, a majority 
158-35    of the members of the council then in office shall 
158-36    constitute a quorum for the transaction of business.  No 
158-37    vacancy on the council shall impair the right of the 
158-38    quorum to exercise the powers and perform the duties of 
158-39    the council.  The vote of a majority of the members of the 
158-40    council present at the time of the vote, if a quorum is 
158-41    present at such time, shall be the act of the council 
158-42    unless the vote of a greater number is required by law or 
158-43    by the bylaws of the council. 
 
 
 
                                -158- 
 
 
 
159- 1    (b) The chairperson may designate from among the  members 
159- 2    of the council one or more committees, each consisting of 
159- 3    two or more members of the council, which shall have and 
159- 4    exercise such authority as the council may delegate to it 
159- 5    under such procedures as the council may provide by 
159- 6    resolution establishing such committee or committees. 
 
159- 7    20-14-5. 
 
159- 8    The council shall  issue an annual report.   Copies shall 
159- 9    be  distributed to each member of the General Assembly not 
159-10    later than the  first Monday in December of every year, 
159-11    commencing December 2001.  The report shall include: 
 
159-12      (1) A summary of the council's activities, findings, 
159-13      recommendations, and decisions over the past year; and 
 
159-14      (2) Such other matters as the council shall determine to 
159-15      include. 
 
159-16    20-14-6. 
 
159-17    All departments, boards, and offices represented on the 
159-18    council, the Office of Planning and Budget, and the Office 
159-19    of Education Accountability shall select and appoint such 
159-20    personnel as each such department, board, or office shall 
159-21    determine to be necessary to support the council in the 
159-22    performance of its duties, with the approval of the 
159-23    council.  Such personnel shall serve at the direction of 
159-24    the council. Payment for all costs and salaries of such 
159-25    personnel  shall come from funds appropriated to the 
159-26    respective departments, boards, and offices. 
 
159-27    20-14-7. 
 
159-28    The council shall have the following powers: 
 
159-29      (1) To have a seal and alter the same at its pleasure; 
 
159-30      (2) To adopt bylaws for its internal government and 
159-31      procedures; 
 
159-32      (3) To make and execute contracts, lease agreements, and 
159-33      all other instruments necessary or convenient to 
159-34      exercise the powers of the council or to further the 
159-35      public purpose for which the council is created; 
 
159-36      (4) To apply for and to accept any gifts or grants or 
159-37      loan guarantees or loans of funds or property or 
159-38      financial or other aid in any form from the federal 
159-39      government or any agency or instrumentality thereof or 
159-40      from the state or any agency or instrumentality thereof 
 
 
                                -159- 
 
 
 
160- 1      or from any other source for any or all of the purposes 
160- 2      specified in this article and to comply, subject to the 
160- 3      provisions of this article, with the terms and 
160- 4      conditions thereof; 
 
160- 5      (5) To fix and collect fees and charges for data, 
160- 6      information, and incidental services furnished by it to 
160- 7      any private individual or entity; 
 
160- 8      (6) To deposit or invest funds held by it in any state 
160- 9      depository or in any investment which is authorized for 
160-10      the investment of proceeds of state general obligation 
160-11      bonds; and to use for its corporate purposes or 
160-12      redeposit or reinvest interest earned on such funds; and 
 
160-13      (7) To promulgate rules and regulations for the purposes 
160-14      and pursuant to the powers enumerated in this article. 
 
160-15    20-14-8. 
 
160-16    The council shall have the following general powers and 
160-17    duties, in addition to any and all other powers enumerated 
160-18    in this article, any or all of which may be exercised by 
160-19    the council directly or by the Office of Education 
160-20    Accountability under the direction and supervision of the 
160-21    council: 
 
160-22      (1) To foster coordination and cooperation among the 
160-23      chief officers of the departments, boards, and offices 
160-24      represented on the council; 
 
160-25      (2) To develop a seamless and integrated public 
160-26      education system; 
 
160-27      (3) To require the shared and efficient expenditures for 
160-28      and utilization of facilities, personnel, and other 
160-29      resources; 
 
160-30      (4) To require the seamless coordination of curriculum 
160-31      among the departments, boards, and offices represented 
160-32      on the council; 
 
160-33      (5) To require reasonable ease of transition for 
160-34      students among the educational institutions represented 
160-35      on the council; 
 
160-36      (6) To establish and require high and necessary levels 
160-37      of student achievement at all levels of education; 
 
160-38      (7) To exercise oversight of accountability systems that 
160-39      are within or among the departments, boards, and offices 
160-40      represented on the council and develop overlay 
 
 
                                -160- 
 
 
 
161- 1      accountability systems through the Office of Education 
161- 2      Accountability; 
 
161- 3      (8) To exercise supervision and oversight over the 
161- 4      Office of Education Accountability created in Part 2 of 
161- 5      Article 2 of this chapter; 
 
161- 6      (9) To coordinate the activities of state, regional, and 
161- 7      local cooperative public education agencies, offices, or 
161- 8      councils, including, but not limited to, the state's 
161- 9      regional educational service agencies or other such 
161-10      groups that may be created in addition or in their 
161-11      place; 
 
161-12      (10) To ensure the availability and quality of the 
161-13      education work force through preparation, professional 
161-14      development, and nontraditional routes to employment; 
 
161-15      (11) To oversee the development and implementation of a 
161-16      comprehensive system-wide education student information 
161-17      system that will support the implementation of an 
161-18      education accountability system and improve the seamless 
161-19      operation of public education; 
 
161-20      (12) To simplify rules and regulations by all 
161-21      departments, boards, and offices represented on the 
161-22      council; 
 
161-23      (13) To develop a state-wide mentoring program that 
161-24      enhances student achievement at all levels of public 
161-25      education; 
 
161-26      (14) To establish and coordinate a school safety 
161-27      collaborative with representation from agencies and 
161-28      organizations designated by the council to improve the 
161-29      school climate and enhance school safety; and 
 
161-30      (15) To mediate disputes among the Department of 
161-31      Education, the University System of Georgia, the 
161-32      Department of Technical and Adult Education, the 
161-33      Professional Standards Commission, the Office of School 
161-34      Readiness, and the Office of Education Accountability in 
161-35      matters regarding accountability or education system 
161-36      seamlessness. 
 
161-37    20-14-9. 
 
161-38    All state departments, agencies, boards, bureaus, 
161-39    commissions, and authorities are authorized and required 
161-40    to make available to the council access to records or data 
161-41    which are available in electronic format or, if electronic 
 
 
                                -161- 
 
 
 
162- 1    format is unavailable, in whatever format is available. 
162- 2    The judicial and legislative branches are authorized to 
162- 3    likewise provide such access to the council. 
 
162- 4    20-14-10. 
 
162- 5    Any decision or action by the council directing action by 
162- 6    any department, board, or office represented on the 
162- 7    council shall be placed on the agenda of the next 
162- 8    regularly scheduled meeting of the governing body of the 
162- 9    affected department, board, or office for immediate 
162-10    action.  The action taken by the affected department, 
162-11    board, or office shall be reported to the council at the 
162-12    next regularly scheduled meeting of the council. 
 
162-13    20-14-11. 
 
162-14    (a) The Governor, as chairperson of the council, may 
162-15    appoint such study commissions as he or she shall deem 
162-16    appropriate to the purposes of this chapter to study 
162-17    education questions, issue findings, and make 
162-18    recommendations to the council.  Such study commissions 
162-19    shall be composed of such number of residents of Georgia, 
162-20    with recognized interest or expertise in the field of 
162-21    education, as the Governor deems advisable and shall 
162-22    include the appointment of members of the House of 
162-23    Representatives, in consultation with the Speaker of the 
162-24    House, and members of the Senate, in consultation with the 
162-25    President of the Senate.  The findings and recommendations 
162-26    of such commissions shall also be reported to the 
162-27    Governor, all members of the General Assembly, and the 
162-28    public. 
 
162-29    (b) Staff to such commissions shall be provided in the 
162-30    same manner as staff to the council is provided under this 
162-31    article.  Expenses related to such personnel shall be 
162-32    attributed to their respective office or agency, and 
162-33    expenses for other commission members shall be paid 
162-34    through funds appropriated to the office of the Governor 
162-35    or in the case of members of the General Assembly through 
162-36    funds appropriated to the House of Representatives and the 
162-37    Senate. 
 
 
 
 
162-38    20-14-20. 
 
162-39    As used in this article, the term: 
 
 
 
                                -162- 
 
 
 
163- 1      (1) 'Board of regents' means the Board of Regents of the 
163- 2      University System of Georgia. 
 
163- 3      (2) 'Council' means the Education Coordinating Council 
163- 4      created in Article 1 of this chapter. 
 
163- 5      (3) 'Director' means the director of the Office of 
163- 6      Education Accountability. 
 
163- 7      (4) 'Early intervention program' means the program 
163- 8      established under Code Section 20-2-153. 
 
163- 9      (5) 'Office' means the Office of Education 
163-10      Accountability. 
 
 
 
163-11    20-14-25. 
 
163-12    (a) There is created the Office of Education 
163-13    Accountability. 
 
163-14    (b) The chief administrative and executive officer of the 
163-15    office shall be the director, who shall be appointed by 
163-16    the Governor with the advice and consent of the Senate. 
163-17    Subject to the general policy established by the Education 
163-18    Coordinating Council, the director shall be responsible 
163-19    for the performance and exercise of the duties, 
163-20    responsibilities, functions, powers, and authority imposed 
163-21    upon the director and the office as provided by law.  The 
163-22    director shall receive a salary to be determined by the 
163-23    Governor. 
 
163-24    (c) The director shall have the authority to employ all 
163-25    personnel of the office, subject to the provisions of this 
163-26    part and all applicable provisions of other laws governing 
163-27    public employment. 
 
163-28    (d) The office  may adopt a seal for its use and shall be 
163-29    authorized to enter into contracts to fulfill its duties 
163-30    under this article. 
 
163-31    (e) The office shall be assigned for administrative 
163-32    purposes only, as that term is defined in Code Section 
163-33    50-4-3, to the Office of Planning and Budget. 
 
163-34    20-14-26. 
 
163-35    (a) The office shall have the following powers and duties: 
 
163-36      (1) To develop accountability systems with components 
163-37      that include but are not limited to expectations of 
163-38      student achievement, measurement of student achievement, 
 
 
                                -163- 
 
 
 
164- 1      data bases of such measurements, analysis of such data 
164- 2      for trends in achievement, interventions, awards, the 
164- 3      intended and efficient expenditure of allotted education 
164- 4      funds, and public awareness of all such components; 
 
164- 5      (2) To create, develop, and recommend to the 
164- 6      departments, boards, and offices represented on the 
164- 7      council such additions, deletions, changes, or other 
164- 8      modifications that will improve accountability systems 
164- 9      that exist or may be created within or among the 
164-10      departments, boards, and offices represented on the 
164-11      council; 
 
164-12      (3) To audit and inspect or cause to be audited or 
164-13      inspected for the purpose of verification, research, 
164-14      analysis, reporting, or for other purposes related to 
164-15      the performance of its powers and duties as provided in 
164-16      this article and for the purposes of auditing 
164-17      pre-kindergarten, elementary, middle grades, and 
164-18      secondary education, postsecondary education, and 
164-19      education work force programs and schools, local school 
164-20      systems, institutes, colleges, universities, regional 
164-21      educational service agencies, and other public education 
164-22      programs and entities as defined by the council; 
 
164-23      (4) To assist the council in the development of a 
164-24      state-wide education student information system; 
 
164-25      (5) To serve as staff to the council; and 
 
164-26      (6) To exercise the powers and discharge duties of the 
164-27      council, as set forth in Code Section 20-14-8, under the 
164-28      supervision and oversight of the council. 
 
164-29    (b) The member agencies of the council and other 
164-30    departments, boards, and offices of this state shall 
164-31    cooperate fully with the office and shall provide the 
164-32    office with all information that the council deems 
164-33    necessary for the office to discharge its accountability 
164-34    duties under this article regarding the education programs 
164-35    and units governed by such member agencies or other 
164-36    departments, boards, or offices. 
 
164-37    20-14-27. 
 
164-38    (a) The office shall submit the following reports to the 
164-39    council: 
 
164-40      (1) An annual report regarding pre-kindergarten 
164-41      education shall be submitted no later than December 1 of 
 
 
 
                                -164- 
 
 
 
165- 1      each year, commencing December 1, 2002. The 
165- 2      pre-kindergarten report shall be an evaluation of the 
165- 3      progress made on performance indicators identified and 
165- 4      defined by the office and approved by the council for 
165- 5      all pre-kindergarten and child care programs under the 
165- 6      administrative control of the Office of School 
165- 7      Readiness.  The pre-kindergarten report shall include 
165- 8      information concerning results of the state's investment 
165- 9      in each pre-kindergarten program; 
 
165-10      (2) An annual report regarding elementary and secondary 
165-11      education shall be submitted no later than December 1 of 
165-12      each year, commencing December 1, 2001.  The elementary 
165-13      and secondary education report shall be an evaluation of 
165-14      the progress made on performance indicators identified 
165-15      and defined by the office and approved by the council 
165-16      for all elementary and secondary education programs 
165-17      administered by the Department of Education. The 
165-18      elementary and secondary education report shall include 
165-19      information concerning results of the state's investment 
165-20      in each public school and each public school system; 
 
165-21      (3) An annual report regarding postsecondary education 
165-22      shall be submitted no later than December 1 of each 
165-23      year, commencing December 1, 2002.  The postsecondary 
165-24      education report shall be an evaluation of the progress 
165-25      made on performance indicators identified and defined by 
165-26      the office and approved by the council for all 
165-27      universities, colleges, institutes, and schools in the 
165-28      University System of Georgia and under the governance of 
165-29      the Department of Technical and Adult Education.  The 
165-30      postsecondary education report shall include information 
165-31      concerning results of the state's investment in each 
165-32      university, college, institute, and school; and 
 
165-33      (4) An annual report regarding the Georgia education 
165-34      work force shall be submitted no later than December 1 
165-35      of each year, commencing  December 1, 2002. The Georgia 
165-36      education work force report shall be an evaluation of 
165-37      the progress made on performance indicators identified 
165-38      and defined by the office and approved by the council 
165-39      for the education work force status under the 
165-40      administrative control of the Professional Standards 
165-41      Commission.  The Georgia education work force report 
165-42      shall contain information on the results of the state's 
165-43      investments in teacher preparation, educators' 
165-44      professional development, education leadership 
 
 
 
                                -165- 
 
 
 
166- 1      development, in-field teaching, geographic teacher 
166- 2      shortages, alternative routes to teacher certification, 
166- 3      and other general information and indicators on the 
166- 4      quality of the education work force. 
 
166- 5    (b) Each report provided for in this Code section shall be 
166- 6    published in a format that can be easily understood by 
166- 7    parents and other members of the community who are not 
166- 8    professional educators.  Such reports shall be distributed 
166- 9    to the Governor, Lieutenant Governor, the Speaker of the 
166-10    House of Representatives, the chairpersons of the 
166-11    Education and Higher Education committees of the Senate 
166-12    and House of Representatives, members of the General 
166-13    Assembly, members of the state education governing boards 
166-14    or commissions, and members of the council.  In addition, 
166-15    such reports shall be posted on the website of the office. 
 
 
 
166-16    20-14-30. 
 
166-17    The office shall create and implement, with the approval 
166-18    of the council, a state-wide grades kindergarten through 
166-19    12 accountability assessment program that is performance 
166-20    based to ensure school accountability for the goals of 
166-21    improved student achievement and improved school 
166-22    completion. 
 
166-23    20-14-31. 
 
166-24    Except as otherwise provided in this article, the office 
166-25    shall establish the level of performance considered to be 
166-26    satisfactory on each assessment instrument administered 
166-27    under Code Section 20-2-281 by establishing the standard 
166-28    that should be achieved by students in each subject area 
166-29    at each grade level. Data and information regarding the 
166-30    establishment of the standard shall be included in the 
166-31    annual report provided for in paragraph (2) of subsection 
166-32    (a) of Code Section 20-14-27. 
 
166-33    20-14-32. 
 
166-34    The office's state education accountability analysis and 
166-35    reporting program shall obtain nationally comparative 
166-36    results and benchmarks for the subject areas and grade 
166-37    levels for which criterion-referenced and nationally 
166-38    normed reference assessment instruments are adopted, 
166-39    compare Georgia results to such results, and include the 
166-40    findings in the reports required of the office. 
 
 
 
                                -166- 
 
 
 
167- 1    20-14-33. 
 
167- 2    (a) The office shall adopt and biennially review and 
167- 3    revise as necessary, indicators of the quality of learning 
167- 4    by students in an individual school. 
 
167- 5    (b) The performance indicators of student achievement and 
167- 6    school performance must be based on information that is 
167- 7    disaggregated with respect to ethnicity, sex, disability, 
167- 8    language proficiency, and socioeconomic status and must 
167- 9    include: 
 
167-10      (1) The results of assessment instruments required under 
167-11      Code Section 20-2-281, aggregated by grade level and 
167-12      subject area; 
 
167-13      (2) Dropout rates for each school; 
 
167-14      (3) Student attendance rates for each school; 
 
167-15      (4) School completion rates for each school; 
 
167-16      (5) The percentage of graduating students who attain 
167-17      scores on the Georgia high school graduation test 
167-18      required under Code Section 20-2-281 that are equivalent 
167-19      to a passing score on the test instrument until such 
167-20      time as the Georgia high school graduation test is 
167-21      discontinued as provided in Code Section 20-2-281; 
 
167-22      (6) The percentage of graduating students who meet the 
167-23      course requirements established for the recommended high 
167-24      school program by State Board of Education rule; 
 
167-25      (7) The percentage of students taking end-of-course 
167-26      assessment instruments under Code Section 20-2-281; 
 
167-27      (8) The percentage of high school students who pass the 
167-28      end-of-course assessment instrument in core subjects; 
 
167-29      (9) The results of the Scholastic Assessment Test or the 
167-30      ACT Assessment; 
 
167-31      (10) The percentage of students taking alternate 
167-32      assessments under subsection (d) of Code Section 
167-33      20-2-281; 
 
167-34      (11) The average time that a student placed in an early 
167-35      intervention program remains before attaining grade 
167-36      level status and returning to regular status; and 
 
167-37      (12) Any other indicator the office recommends, the 
167-38      council approves, and the State Board of Education 
167-39      adopts. 
 
 
                                -167- 
 
 
 
168- 1    (c) Performance on the indicator shall be compared to 
168- 2    state standards, progress on improved student achievement, 
168- 3    and comparable performance.  The state standard shall be 
168- 4    established by the office as provided in Code Section 
168- 5    20-14-31.  Required improvement is defined as the progress 
168- 6    necessary for the school or local school system to meet 
168- 7    state standards and for its students to meet exit 
168- 8    requirements as defined by the office pursuant to Code 
168- 9    Section 20-14-31.  Comparable improvement is derived by 
168-10    measuring schools and local school systems against a 
168-11    profile developed from a total state student performance 
168-12    data base which exhibits substantial equivalence to the 
168-13    characteristics of students served by the school or 
168-14    system, including past academic performance, socioeconomic 
168-15    status, ethnicity, sex, disability, mobility, and language 
168-16    proficiency. Data and information regarding the standard 
168-17    shall be included in the annual report provided for in 
168-18    paragraph (2) of subsection (a) of Code Section 20-14-27. 
 
168-19    (d) The office shall establish individual school ratings 
168-20    for each school in this state for annual academic 
168-21    performance on the assessment instruments required under 
168-22    Code Section 20-2-281, with: 
 
168-23      (1) A school grade of A, B, C, D, or F on the 
168-24      established absolute student achievement standard; 
 
168-25      (2) A school grade of A, B, C, D, or F for the school on 
168-26      the progress on improved student achievement; and 
 
168-27      (3) A school performance status on other school 
168-28      performance indicators as defined in subsection (b) of 
168-29      this Code section. 
 
168-30    (e) Annually, the office shall define exemplary, 
168-31    acceptable, and unacceptable performance for each academic 
168-32    excellence indicator included under paragraphs (2) through 
168-33    (12) of subsection (b) of this Code section and shall 
168-34    project the standards for each of those levels of 
168-35    performance for succeeding years. Data and information 
168-36    regarding the establishment of the standard shall be 
168-37    included in the annual report provided for in paragraph 
168-38    (2) of subsection (a) of Code Section 20-14-27. 
 
168-39    (f) Each school system shall provide all student 
168-40    performance data and all other student school completion 
168-41    and attendance data to the Department of Education's 
168-42    educational information system in accordance with rules 
168-43    and timelines established by the office. 
 
 
                                -168- 
 
 
 
169- 1    (g) The office shall develop, the council shall approve, 
169- 2    and the State Board of Education shall adopt a uniform 
169- 3    definition of 'dropout.'  All schools and school systems 
169- 4    shall report student dropout information to the Department 
169- 5    of Education's educational information system in 
169- 6    accordance with rules and timelines established by the 
169- 7    state board as provided in subsection (b) of Code Section 
169- 8    20-2-167.  Each school system shall cooperate with the 
169- 9    office in determining whether a student is a dropout under 
169-10    this subsection and shall adopt the uniform definition of 
169-11    'dropout.' Data and information regarding the 
169-12    establishment of the definition and the tracking of 
169-13    dropout and school completion data shall be included in 
169-14    the annual report provided for in paragraph (2) of 
169-15    subsection (a) of Code Section 20-14-27. 
 
169-16    (h) The office shall develop, the council shall approve, 
169-17    and the State Board of Education shall adopt a uniform 
169-18    definition of a 'below grade level' student for purposes 
169-19    of placing students in the early intervention program 
169-20    under Code Section 20-2-153 and for purposes of tracking 
169-21    these students for accountability purposes. Data and 
169-22    information regarding the establishment of the definition 
169-23    shall be included in the annual report provided for in 
169-24    paragraph (2) of subsection (a) of Code Section 20-14-27. 
 
169-25    (i) The office shall annually review the performance of 
169-26    each school on the indicators identified in subsection (b) 
169-27    of this Code section and determine whether a change in the 
169-28    school rating status of the school is warranted. 
 
169-29    20-14-34. 
 
169-30    (a) Each school year, the office shall prepare and 
169-31    distribute to each school system a report card for each 
169-32    school in the State of Georgia.  The school report cards 
169-33    must be based on the most current data available 
169-34    disaggregated by student groups. School performance must 
169-35    be compared to: 
 
169-36      (1) Previous school and local school system performance; 
 
169-37      (2) Current school and local school system performance 
169-38      in relation to the absolute student achievement 
169-39      standards and progress on improved student achievement; 
169-40      and 
 
169-41      (3) Comparable school group performance. 
 
 
 
 
                                -169- 
 
 
 
170- 1    This report card on schools shall be the official state 
170- 2    education performance report and supersedes all other 
170- 3    reports that may be issued by departments of the state 
170- 4    government for matters of funding, awards, and 
170- 5    interventions. 
 
170- 6    (b) The report card shall include the following 
170- 7    information, where applicable: 
 
170- 8      (1) The individual school grades as defined in 
170- 9      subsection (d) of Code Section 20-14-33; 
 
170-10      (2) The academic excellence indicators identified in 
170-11      paragraphs (2) through (12) of subsection (b) of Code 
170-12      Section 20-14-33; 
 
170-13      (3) Teacher-student ratios; and 
 
170-14      (4) Administrative and instructional costs per student 
170-15      and other financial accounting information as may be 
170-16      required. 
 
170-17    (c) Each school year, the office shall prepare and 
170-18    distribute a state-wide report card, aggregated by school 
170-19    systems and disaggregated by student groups, reporting on 
170-20    the student performance and school completion results of 
170-21    each school in the state and a rating for each school 
170-22    based on the definitions as provided in subsection (d) of 
170-23    Code Section 20-14-33. 
 
170-24    (d) The State Board of Education shall adopt rules 
170-25    requiring dissemination of appropriate student performance 
170-26    and school completion performance portions of school 
170-27    report cards annually to the parent, guardian, 
170-28    conservator, or other person having lawful control of each 
170-29    student at the school. On written request, the local 
170-30    school system shall provide a copy of a school report card 
170-31    to any other party. These reports shall be posted on a 
170-32    website at both the state and local school system level. 
 
170-33    20-14-35. 
 
170-34    (a) The office may: 
 
170-35      (1) Conduct on-site audits of any school at any time, 
170-36      subject to the approval of the director; 
 
170-37      (2) Raise or lower any performance rating as a result of 
170-38      the audit; and 
 
 
 
 
 
                                -170- 
 
 
 
171- 1      (3) Review school fund accounting information and 
171- 2      records to determine effective and efficient expenditure 
171- 3      of state funds as allocated. 
 
171- 4    (b) The director shall determine the frequency of on-site 
171- 5    audits by the office according to annual comprehensive 
171- 6    analyses of student performance and equity in relation to 
171- 7    the academic excellence indicators and fund accounting 
171- 8    assessments as adopted under subsection (b) of Code 
171- 9    Section 20-14-34. 
 
171-10    (c) In making an on-site school performance audit, the 
171-11    auditor shall obtain information from administrators, 
171-12    teachers, and parents of students enrolled in the local 
171-13    school system. The audit may not be closed until 
171-14    information is obtained from each of those sources.  The 
171-15    office shall adopt rules regarding obtaining information 
171-16    from parents and using that information in the auditor's 
171-17    report and obtaining information from teachers in a manner 
171-18    that prevents a school or school system from screening the 
171-19    information. 
 
171-20    (d) The auditors shall report to the local board of 
171-21    education, the local school council, and appropriate 
171-22    school administrators and shall report findings and 
171-23    recommendations concerning any necessary improvements or 
171-24    intervention strategies. School audit reports shall be 
171-25    provided to the council and the State Board of Education. 
 
171-26    (e) The director may authorize other school audits to be 
171-27    conducted under the following circumstances: 
 
171-28      (1) When excessive numbers of absences of students 
171-29      eligible to be tested on state assessment instruments 
171-30      are determined; or 
 
171-31      (2) When a school or school system has not provided 
171-32      student performance information to the Department of 
171-33      Education's educational information system as required 
171-34      under subsection (b) of Code Section 20-2-167. 
 
171-35    20-14-36. 
 
171-36    The office shall recommend, and the council shall adopt, 
171-37    written procedures for conducting on-site audits under 
171-38    this part.  The office shall make the procedures available 
171-39    to the schools, school councils, local boards of 
171-40    education, and the public. Office staff shall be trained 
171-41    in audit procedures and shall follow such procedures in 
171-42    conducting the audit. 
 
 
                                -171- 
 
 
 
172- 1    20-14-37. 
 
172- 2    The Georgia schools awards system is created to recognize 
172- 3    those schools and school systems that demonstrate progress 
172- 4    or success in achieving the education goals of the state 
172- 5    and achieving excellence on the office school rating 
172- 6    system as defined in Code Section 20-14-33. 
 
172- 7    20-14-38. 
 
172- 8    (a) Financial awards will be provided to the schools that 
172- 9    the office determines have demonstrated the greatest 
172-10    improvement in achieving the education goals of improved 
172-11    student achievement and improved school completion, 
172-12    subject to appropriation by the General Assembly and any 
172-13    limitation set by the director on the total amount that 
172-14    may be awarded to a school or local school system. 
 
172-15    (b) Financial awards will be provided to each school that 
172-16    achieves a grade of A or B as defined in Code Section 
172-17    20-14-33 for performance on either or both the absolute 
172-18    student achievement standard and progress on student 
172-19    achievement. The certificated personnel in a school that 
172-20    achieves the grade of A or B in either or both categories 
172-21    will be provided a bonus for the year the school achieved 
172-22    those grades of $1,000.00 for each grade of A and $500.00 
172-23    for each grade of B. The maximum individual annual bonus 
172-24    for certificated personnel shall not exceed $2,000.00 and 
172-25    shall be provided subject to appropriation by the General 
172-26    Assembly or as otherwise may be provided.  An additional 
172-27    financial award will be provided to each school for 
172-28    noncertificated personnel in the amount of $10,000.00 for 
172-29    each A grade for the school and $5,000.00 for each B grade 
172-30    for the school, provided that the total lump sum 
172-31    noncertificated personnel award for an individual school 
172-32    shall not exceed $20,000.00; provided, further, that funds 
172-33    for this purpose are appropriated by the General Assembly 
172-34    or as otherwise may be provided.  The local school council 
172-35    of the school receiving this noncertificated personnel 
172-36    award shall determine the distribution of the award among 
172-37    such personnel of its school. 
 
172-38    (c) The Governor may present proclamations or certificates 
172-39    to schools and school systems determined to have met or 
172-40    exceeded the state's education goals under Code Section 
172-41    20-14-30. 
 
 
 
 
 
                                -172- 
 
 
 
173- 1    20-14-39. 
 
173- 2    The award system may be funded by donations, grants, or 
173- 3    appropriation by the General Assembly or as otherwise 
173- 4    provided.  The State Board of Education may solicit and 
173- 5    receive grants and donations for the purpose of making 
173- 6    awards under this part.  Award funds may be used by the 
173- 7    State Board of Education to pay for the costs associated 
173- 8    with sponsoring a ceremony to recognize or present awards 
173- 9    to schools or school systems under this part.  The 
173-10    donations, grants, or appropriations by the General 
173-11    Assembly shall be accounted for and distributed by the 
173-12    State Board of Education. The awards are subject to audit 
173-13    requirements established by the office. 
 
173-14    20-14-40. 
 
173-15    All identifiable individual student performance data and 
173-16    information and reports received by the office, the 
173-17    Department of Education, and the State Board of Education 
173-18    under this part from schools or school systems shall be 
173-19    deemed confidential and may not be disclosed. 
 
173-20    20-14-41. 
 
173-21    (a) If a school has a grade of D or F on student 
173-22    performance for the absolute student achievement standard 
173-23    or on progress on improved student achievement as 
173-24    determined by the office, the office, in the audit report 
173-25    on an individual school, shall report findings and 
173-26    recommend appropriate levels of interventions for that 
173-27    school, based on a scale of increasingly severe 
173-28    interventions, to the State Board of Education.  The State 
173-29    Board of Education shall prescribe the appropriate level 
173-30    of intervention and may include one or more of the 
173-31    following increasingly severe interventions: 
 
173-32      (1) Issuing public notice of the deficiency to the local 
173-33      board of education; 
 
173-34      (2) Ordering a hearing to be conducted at the school by 
173-35      the local board of education with the participation of 
173-36      the school council for the purpose of notifying the 
173-37      public of the unacceptable performance, the improvements 
173-38      in performance expected by the office, and the 
173-39      interventions that may be imposed under this Code 
173-40      section if the performance does not improve within a 
173-41      designated period of time and of soliciting public 
 
 
 
 
                                -173- 
 
 
 
174- 1      comment on the initial steps being taken to improve 
174- 2      performance; 
 
174- 3      (3) Ordering the preparation of an intensive student 
174- 4      achievement improvement plan that addresses each 
174- 5      academic excellence indicator for which the school's 
174- 6      performance is unacceptable, the submission of the plan 
174- 7      to the director for approval, and implementation of the 
174- 8      plan; 
 
174- 9      (4) Appointing a Department of Education school 
174-10      improvement team to: 
 
174-11        (A) Conduct a comprehensive on-site evaluation of each 
174-12        low-performing school to determine the cause for the 
174-13        school's low performance and lack of progress that 
174-14        includes presentations by the chairperson of the local 
174-15        board of education, the school principal, a parent 
174-16        member of the local school council, and other school 
174-17        personnel; 
 
174-18        (B) Recommend actions, including reallocation of 
174-19        resources and technical assistance, changes in school 
174-20        procedures or operations, staff development focused on 
174-21        student achievement for instructional and 
174-22        administrative staff, intervention for individual 
174-23        administrators or teachers, waivers from state 
174-24        statutes or rules, extended instruction time for 
174-25        low-performing students, smaller class size for 
174-26        low-performing students, or other actions the team 
174-27        considers appropriate; 
 
174-28        (C) Assist in the development of an intensive school 
174-29        improvement plan focused on student achievement 
174-30        required by paragraph (3) of this subsection; and 
 
174-31        (D) Assist the director in monitoring the progress of 
174-32        the school in implementing the intensive school 
174-33        improvement plan focused on student achievement; 
 
174-34      (5) If a school has received a grade of D or F for a 
174-35      period of two consecutive years or more, appointing a 
174-36      school master or management team to oversee and direct 
174-37      the duties of the principal of the school in relation to 
174-38      the school until school performance improves and the 
174-39      school is released from intervention by the director, 
174-40      with the cost of the master or management team to be 
174-41      paid by the state; or 
 
 
 
 
                                -174- 
 
 
 
175- 1      (6) If a school has received a grade of D or F for a 
175- 2      period of three consecutive years or more, the State 
175- 3      Board of Education shall implement one or more of the 
175- 4      following interventions or sanctions, in order of 
175- 5      severity: 
 
175- 6        (A) Removal of school personnel on recommendation of 
175- 7        the master or the school improvement team, including 
175- 8        the principal and personnel whose performance has 
175- 9        continued not to produce student achievement gains 
175-10        over a three-year period as a condition for continued 
175-11        receipt of state funds for administration; 
 
175-12        (B) Allow for the implementation of a state charter 
175-13        school through the designation by the State Board of 
175-14        Education; 
 
175-15        (C) Mandate the complete reconstitution of the school, 
175-16        removing all personnel, appointing a new principal, 
175-17        and hiring all new staff.  Existing staff may reapply 
175-18        for employment at the newly reconstituted school but 
175-19        shall not be rehired if their performance regarding 
175-20        student achievement has been negative for the past 
175-21        three years; 
 
175-22        (D) Mandate that the parents have the option to 
175-23        relocate the student to other public schools in the 
175-24        local school system to be chosen by the parents of the 
175-25        student with transportation costs borne by the system; 
175-26        or 
 
175-27        (E) Mandate a monitor, master, or management team in 
175-28        the school that shall be paid by the district. 
 
175-29    (b) The State Board of Education shall clearly define the 
175-30    powers and duties of a master or management team appointed 
175-31    to oversee the operations of a school. 
 
175-32    (c) A school improvement team appointed under this Code 
175-33    section may consist of currently employed or retired 
175-34    teachers, principals, other educational professionals, 
175-35    Department of Education school improvement employees, or 
175-36    local school superintendents recognized for excellence in 
175-37    their roles and appointed by the State Board of Education 
175-38    to serve as members of a team. 
 
175-39    (d) The State Board of Education shall annually report by 
175-40    June 30 of each year the status of the interventions 
175-41    imposed on low-performing schools to the office with 
175-42    recommendations regarding ending, extending, or upgrading 
 
 
                                -175- 
 
 
 
176- 1    the interventions on those schools. The director shall 
176- 2    review and respond to the report. 
 
 
 
176- 3    20-14-50. 
 
176- 4    (a) The office shall create and the council shall adopt 
176- 5    the rules and policies that support a postsecondary 
176- 6    accountability assessment program that is primarily 
176- 7    performance based. 
 
176- 8    (b) The office shall develop and the council shall adopt 
176- 9    performance measures and indicators that provide the basis 
176-10    for an accountability report card annually on the 
176-11    University System of Georgia and the Department of 
176-12    Technical and Adult Education. 
 
176-13    (c) The office and the board of regents shall identify, 
176-14    define, and develop such performance indicators and 
176-15    measures by December 1, 2001.  The first report card on 
176-16    universities and colleges shall be implemented and 
176-17    produced by the office by December 1, 2002. 
 
176-18    (d) The office and the State Board of Technical and Adult 
176-19    Education shall identify, define, and develop such 
176-20    performance indicators and measures by December 1, 2001. 
176-21    The office shall implement and produce the first report 
176-22    card on the department, institutes, and schools by 
176-23    December 1, 2002. 
 
176-24    (e) After December 1, 2002, the office shall audit those 
176-25    postsecondary institutions, schools, colleges, or programs 
176-26    as necessary in implementing the education accountability 
176-27    system described in this part. 
 
 
 
176-28    20-14-60. 
 
176-29    (a) The office, with the approval of the council, shall 
176-30    create and the Office of School Readiness shall adopt the 
176-31    rules and policies that support a pre-kindergarten 
176-32    accountability assessment program that is primarily 
176-33    performance based. 
 
176-34    (b) The office shall develop and the Office of School 
176-35    Readiness shall adopt performance measures and indicators 
176-36    that provide the basis for an accountability report card 
176-37    annually on the Office of School Readiness. 
 
 
 
 
                                -176- 
 
 
 
177- 1    (c) The office and the Office of School Readiness shall 
177- 2    identify, define, and develop such performance indicators 
177- 3    and measures by December 1, 2001.  The office shall 
177- 4    implement and produce the first report card on the Office 
177- 5    of School Readiness and pre-kindergarten programs by 
177- 6    December 1, 2002. 
 
177- 7    (d) After December 1, 2002, the office shall audit those 
177- 8    pre-kindergarten programs as necessary in implementing the 
177- 9    education accountability system described in this part. 
 
 
 
177-10    20-14-70. 
 
177-11    (a) The office, with the approval of the council, shall 
177-12    create and the Professional Standards Commission shall 
177-13    adopt the rules and policies that support an education 
177-14    work force accountability assessment program that is 
177-15    primarily performance based. 
 
177-16    (b) The office shall develop and recommend and the 
177-17    Professional Standards Commission shall adopt performance 
177-18    measures and indicators that provide the basis for an 
177-19    accountability report card annually on the Professional 
177-20    Standards Commission and the Georgia education work force. 
 
177-21    (c) The office and the Professional Standards Commission 
177-22    shall identify, define, and develop such performance 
177-23    indicators and measures by December 1, 2001.  The office 
177-24    shall implement and produce the first report card on the 
177-25    Professional Standards Commission and the Georgia 
177-26    education work force by December 1, 2002. 
 
177-27    (d) After December 1, 2002, the office shall audit the 
177-28    education work force practicing in this state and all 
177-29    teacher preparation and professional development programs 
177-30    as necessary in implementing the education accountability 
177-31    system described in this part. 
 
 
 
177-32    20-14-80. 
 
177-33    (a) There shall be an Education Information Steering 
177-34    Committee as provided in Code Section 20-2-320. 
 
177-35    (b) The office shall provide a member to the Education 
177-36    Information Steering Committee to assure that all 
177-37    necessary data, information, and specifications are 
177-38    included in the development of and changes to the 
 
 
 
                                -177- 
 
 
 
178- 1    state-wide comprehensive educational information system 
178- 2    for purposes of education accountability." 
 
178- 3                          SECTION 94. 
 
178- 4  Said chapter is further amended by striking in its entirety 
178- 5  the term "comprehensive educational information network" and 
178- 6  inserting in lieu thereof the term "comprehensive 
178- 7  educational information system" wherever it appears in: 
 
178- 8      (1) Subsection (m) of Code Section 20-2-260, relating to 
178- 9      capital outlay funds under the "Quality Basic Education 
178-10      Act"; and 
 
178-11      (2) Subsection (a) of Code Section 20-2-697, relating to 
178-12      student attendance reports and records kept by public 
178-13      elementary and secondary schools. 
 
178-14                          SECTION 95. 
 
178-15  Code Section 43-24-2 of the Official Code of Georgia 
178-16  Annotated, relating to the membership of the State Board for 
178-17  the Certification of Librarians, is amended by striking in 
178-18  their entirety subsections (a) and (c) and inserting in lieu 
178-19  thereof new subsections (a) and (c) to read, respectively, 
178-20  as follows: 
 
178-21    "(a) The State Board for the Certification of Librarians 
178-22    is created, to consist of six persons as follows: 
 
178-23      (1) Three librarians certified under this chapter, 
178-24      including one public librarian, one special librarian, 
178-25      and one other currently practicing librarian, and one 
178-26      person who shall be a trustee of a public library; 
 
178-27      (2) A member to be appointed from the public at large 
178-28      who shall have no connection whatsoever with the library 
178-29      profession; and 
 
178-30      (3) The director of public library services of the 
178-31      Department of Technical and Adult Education Board of 
178-32      Regents of the University System of Georgia." 
 
178-33    "(c) The terms of the five members appointed pursuant to 
178-34    paragraphs (1) and (2) of subsection (a) of this Code 
178-35    section shall be five years. The term of the director of 
178-36    public library services of the Department of Technical and 
178-37    Adult Education Board of Regents of the University System 
178-38    of Georgia shall be coextensive with the term of office of 
178-39    this position." 
 
 
 
 
                                -178- 
 
 
 
179- 1                          SECTION 96. 
 
179- 2  The Official Code of Georgia Annotated is amended by 
179- 3  striking in its entirety the term "local fair share" and 
179- 4  inserting in lieu thereof the term "local five mill share" 
179- 5  wherever it appears in: 
 
179- 6      (1) Subsection (a) of Code Section 20-2-133, relating to 
179- 7      free public instruction of elementary and secondary 
179- 8      students; 
 
179- 9      (2) Paragraph (2) of subsection (a) of Code Section 
179-10      20-2-166, relating to the calculation and allotment of 
179-11      state funds to local school systems under the "Quality 
179-12      Basic Education Act"; 
 
179-13      (3) Paragraph (2) of subsection (a) of Code Section 
179-14      20-2-187, relating to the state-wide school lunch 
179-15      program for elementary and secondary students; 
 
179-16      (4) Subsections (a) and (c) of Code Section 20-2-250, 
179-17      relating to projects to improve effectiveness under the 
179-18      "Quality Basic Education Act"; 
 
179-19      (5) Subsection (b) of Code Section 20-2-252, relating to 
179-20      electronic technology plans and grants under the 
179-21      "Quality Basic Education Act"; 
 
179-22      (6) Subsection (d) of Code Section 20-2-283, relating to 
179-23      corrective plans for nonstandard local units of 
179-24      elementary and secondary school administration and 
179-25      elementary and secondary schools; and 
 
179-26      (7) Subsection (m) of Code Section 48-5-7.5, relating to 
179-27      the assessment of standing timber for ad valorem 
179-28      taxation." 
 
179-29                          SECTION 97. 
 
179-30  (a) Except as otherwise provided in subsection (b) of this 
179-31  section, this Act shall become effective on July 1, 2000. 
 
179-32  (b) This section, Sections 8 and 58 of this Act, and Code 
179-33  Section 20-14-11, as enacted by Section 93 of this Act, 
179-34  shall become effective upon this Act's approval by the 
179-35  Governor or upon its becoming law without such approval. 
 
179-36                          SECTION 98. 
 
179-37  All laws and parts of laws in conflict with this Act are 
179-38  repealed. 
 
 
 
 
                                -179- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/27/00