06 LC 33
1238
House
Bill 1491
By:
Representatives Martin of the
47th
and Casas of the
103rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to elementary and secondary education, so as to provide for a full-day
kindergarten program for a minimum of 170 days per school year; to provide a
short title; to change the minimum number of required days in a school year for
public elementary and secondary schools to 170 days; to change certain
provisions relating to the base pay of school food and nutrition personnel for
purposes of conformity; to change certain provisions relating to a residential
high school program for gifted youth for purposes of conformity; to change the
definition of "school year" relating to teacher contracts for purposes of
conformity; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Flexibility for Excellence in
Education Act."
SECTION
2.
Chapter
2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary
and secondary education, is amended in Code Section 20-2-151, relating to
general and career education programs, by striking subparagraph (b)(1)(A) and
inserting in lieu thereof the following:
"(1)(A)
All local school systems shall offer a full-day kindergarten program. For
purposes of this subsection, the term 'full-day basis' means a student is
provided classroom instruction for a minimum of four and one-half hours daily
for a 180 day school year
or for the
equivalent number of hours for a school year of 170 or more
days."
SECTION
3.
Said
chapter is further amended in Code Section 20-2-168, relating to distribution of
federal funds, combined purchase of supplies and equipment, minimum school year,
summer school programs, and year-round operation, by striking subsection (c) and
inserting in lieu thereof the following:
"(c)(1)
Except as otherwise provided in this Code section, public elementary and
secondary schools of this state receiving state aid under this article shall
provide each eligible student with access to no less than
170
180
school days of education each fiscal year.
The State
Board of Education
Each local
board of education shall define a school
year, which shall be no less than
170
180
days of instruction in accordance with the provisions of this
subsection,.
The State
Board of Education shall define
the daily
average of instructional time required in a school
year.
the length
of the school day, and shall provide that
all
All
public elementary and secondary schools may be closed for instruction on
November 11 of each year as determined by each local board of education to
enable students, teachers, and administrators to participate in Veterans Day
programs to honor veterans of the armed forces.
(2)
Any provision of this subsection or this article to the contrary
notwithstanding, when the President of the United States proclaims a national
emergency or when the Governor proclaims a state of emergency or when, because
of emergency, disaster, act of God, civil disturbance, or a shortage of vital
and critical material, supplies, or fuel, the continued operation of the public
schools according to the definitions of school year, school month, or school day
is impractical or impossible, then the state board shall have the power to
authorize local boards of education to depart from a strict interpretation of
these definitions, and such departure need not be uniform throughout the
state.
(3)
In the event that at the end of the last complete week of the school year four
or fewer days remain for completion of the regular
180
day school year, a local board of
education may, without the necessity of authorization from the state board,
elect not to continue school into the following week if the additional days
otherwise needed are the result of days when school was closed due to emergency,
disaster, act of God, civil disturbance, or shortage of vital or critical
material, supplies, or fuel. In any such case, the school year applicable to
that local board of education may terminate, in the discretion of the local
board, at the end of the last school day of the last complete week of the school
year otherwise provided for in this Code section. The provisions of this
paragraph shall not limit the authority of the state board under paragraph (2)
of this subsection.
(4)
Each fiscal year shall begin on July 1 and end on June 30 of the following
year."
SECTION
4.
Said
chapter is further amended in Code Section 20-2-187, relating to state-wide
school lunch program, instruction in nutrition, hygiene, etiquette, and social
graces, and school food and nutrition, by striking paragraph (2) of subsection
(c) and inserting in lieu thereof the following:
"(2)
The base payment shall be calculated on the basis of an annual number of hours
(190 days multiplied by eight hours
based on a 180
day school year, or an equivalent thereof)
for a full-time equivalent school lunch position, multiplied by an amount not
less than $161.00 per month for 12 months. Future annual increases in the base
payment shall reflect the same percentage increase provided by the state for
other state funded positions. The state board shall annually establish a state
performance standard and shall determine the number of full-time equivalent
school lunch positions needed to plan, prepare, and serve meals based on the
state performance standard and the average daily number of student lunches
served during the preceding school
year."
SECTION
5.
Said
chapter is further amended in Code Section 20-2-306, relating to honors program
and residential high school program, by striking subsection (b) and inserting in
lieu thereof the following:
"(b)
The State Board of Education is authorized to inaugurate and operate a
residential high school program for highly gifted and talented youth of this
state. This residential high school program shall consist only of students in
the eleventh and twelfth grades. Enrollment shall be by student application and
on a voluntary basis; provided, however, that the parent or legal guardian of
each student must have signed an agreement authorizing enrollment in this
program. This program shall be operated during the normal school year for a
minimum of
170
180
days, in cooperation with one or more of the state universities or colleges from
funds provided by the General Assembly. The state board is authorized to enter
into cooperative agreements with the Board of Regents of the University System
of Georgia concerning the operation and sharing of costs of this program. The
state board shall prescribe policy, regulations, standards, and criteria as
needed for the effective operation of this
program."
SECTION
6.
Said
chapter is further amended in Code Section 20-2-942, relating to procedure for
nonrenewal after acceptance by teacher of school year contract for fourth
consecutive school year, procedure for nonrenewal by another local board of
education, professional certificated personnel, rights of school administrators,
and tenure, by striking paragraph (2) of subsection (a) and inserting in lieu
thereof the following:
"(2)
'School year' means a period of at least
170
180
school days beginning in or about September and ending in or about
June."
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.