06 LC
33 1106-EC
Senate
Bill 440
By:
Senators Hamrick of the 30th, Harp of the 29th, Kemp of the 46th, Shafer of the
48th and Schaefer of the 50th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 20 of the Official Code of Georgia Annotated, relating to education,
so as to eliminate the Construction Reserve Trust Fund and the appropriation of
lottery funds to the fund; to eliminate the use of lottery funds for teacher
training in computers and technology; to eliminate the use of lottery funds by
the board of regents for training professors and instructors in computers and
technology; to eliminate the use of lottery funds by the Department of Technical
and Adult Education for training teachers in computers and technology; to amend
Code Section 50-27-3 of the Official Code of Georgia Annotated, relating to
definitions regarding the lottery for education, so as to provide that the term
"educational purposes and programs" shall not include capital outlay projects
for educational facilities and teacher training in computers and technology; to
provide for related matters; to provide for a contingent effective date; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
by striking Code Section 20-1-8, relating to placement of lottery funds into the
Construction Reserve Trust Fund, and inserting in lieu thereof the
following:
"20-1-8.
Any
lottery funds appropriated for purposes of new capital construction shall be
placed in a Construction Reserve Trust Fund to be maintained by the appropriate
fiscal officers of state government. Funds so placed in the Construction Reserve
Trust Fund shall be deemed to be committed for educational purposes and programs
in compliance with subsection (d) of Code Section 50-27-13. Any such funds must
be designated by project by the appropriate educational agency no later than
June 30 of the fiscal year for which the funds were appropriated. Any such funds
must be contractually obligated no later than June 30 of the fiscal year
following the fiscal year for which the funds were appropriated. Any funds not
designated or contractually obligated within such time periods shall lapse; and
additionally any funds not expended as originally designated and obligated
within 24 months after the close of the fiscal year for which such funds were
originally appropriated shall lapse. Any funds so lapsing shall lapse to the
general fund of the state treasury and shall be credited to the Lottery for
Education Account.
Reserved."
SECTION
2.
Said
title is further amended by striking Code Section 20-2-252, relating to
electronic technology, and inserting in lieu thereof the following:
"20-2-252.
(a)
Local school systems shall develop long-term system-wide electronic technology
plans which list assessed needs; describe the planned phasing in of the computer
hardware, software, and related electronic technology necessary to address the
assessed needs; and contain such other items as the State Board of Education may
deem necessary for an effective electronic technology plan. The state board
shall adopt a long-term state-wide electronic technology plan which is
reflective of needs identified state wide and the priorities and planned actions
designed to address such needs. The state board shall prescribe the method and
frequency by which such electronic technology plans shall be
updated.
(b)
The State Board of Education shall grant funds to local units of administration
to be used to purchase computer hardware, software, and related electronic
technology and to finance the costs of staff development programs pertaining to
the use and application of computers and related electronic technology in
educational programs and services, subject to appropriation by the General
Assembly. The amount of funds granted to any local school system shall be based
upon the extent of need as reflected in its electronic technology plan, the
consistency of such need with the priorities established by the state
board́s
state-wide plan, and such other considerations as deemed necessary by the state
board. The amount of local funds required may be based upon the ability of a
local school system to pay a share of the cost relative to the ability of other
local school systems in the state to pay their share of such cost. Such local
funds shall be in excess of the local funds required for the local five mill
share pursuant to Code Section 20-2-164 and in excess of the local funds
required as a portion of the costs for other grant programs authorized under
this article.
(c)
The State Board of Education shall evaluate hardware and software, disseminate
effective software, provide technical assistance and staff development training
to local units of administration, and perform such other related functions as
deemed necessary by the state board.
(d)
The State Board of Education shall prescribe criteria, policies, and standards
deemed necessary for the effective implementation of this Code section and shall
take all actions deemed necessary to facilitate the adoption and effective
utilization of computers and related electronic technology in improvement of the
operations of educational programs and services in the state.
(e)
The State Board of Education shall prescribe criteria, policies, and standards
deemed necessary for the effective implementation of a program financed wholly
or partially from appropriations from the Lottery for Education Account and
established for the purpose of providing teachers the necessary training in the
use and application of computers and advanced electronic instructional
technology to implement interactive learning environments in the classroom and
to access the state-wide distance learning network. The State Board of Education
shall expend funds appropriated for such purpose to defray the costs associated
with repairing and maintaining advanced electronic instructional
technology."
SECTION
3.
Said
title is further amended by repealing Code Section 20-3-77.1, relating to
training programs for professors and instructors in computers and advanced
electronic instructional technology, which reads as follows:
"20-3-77.1.
The
board of regents shall prescribe criteria, policies, and standards deemed
necessary for the effective implementation of programs within the university
system financed wholly or partially from appropriations from the Lottery for
Education Account and established for the purpose of providing professors and
instructors the necessary training in the use and application of computers and
advanced electronic instructional technology to implement interactive learning
environments in the classroom and to access the state-wide distance learning
network. Such programs shall include the expenditure of funds to defray the
costs associated with repairing and maintaining advanced electronic
instructional
technology."
SECTION
4.
Said
title is further amended in Code Section 20-4-11, relating to the powers of the
State Board of Technical and Adult Education, by striking paragraph (9), and
inserting in lieu thereof the following:
"(9)
Prescribe
criteria, policies, and standards deemed necessary for the effective
implementation of a program financed wholly or partially from appropriations
from the Lottery for Education Account and established for the purpose of
providing teachers the necessary training in the use and application of
computers and advanced electronic instructional technology to implement
interactive learning environments in the classroom and to access the state-wide
distance learning network. Such program shall include the expenditure of funds
appropriated for such purpose to defray the costs associated with repairing and
maintaining advanced electronic instructional
technology
Reserved;"
SECTION
5.
Code
Section 50-27-3 of the Official Code of Georgia Annotated, relating to
definitions regarding the lottery for education, is amended by striking
paragraph (8), and inserting in lieu thereof the following:
"(8)
'Educational purposes and programs' means
capital
outlay projects for educational
facilities; tuition grants, scholarships,
or loans to citizens of this state to enable such citizens to attend colleges
and universities located within this state, regardless of whether such colleges
and universities are owned or operated by the board of regents or to attend
institutions operated under the authority of the Department of Technical and
Adult Education;
costs of
providing to teachers at accredited public institutions who teach levels K-12,
personnel at public postsecondary technical institutes under the authority of
the Department of Technical and Adult Education, and professors and instructors
within the University System of Georgia the necessary training in the use and
application of computers and advanced electronic instructional technology to
implement interactive learning environments in the classroom and to access the
state-wide distance learning network; costs associated with repairing and
maintaining advanced electronic instructional
technology; voluntary pre-kindergarten;
and an education shortfall
reserve."
SECTION
6.
This
Act shall become effective January 1, 2007, only if there is approved at the
2006 general election a constitutional amendment to protect lottery funds so
that they may be reserved only for the HOPE Scholarship Program and other
tuition grants, scholarships, or loans to enable citizens of this state to
attend colleges and universities within this state; for voluntary
pre-kindergarten; and for educational shortfall reserves. If such
constitutional amendment is not so ratified at the 2006 general election, this
Act shall not become effective and shall stand repealed in its entirety on
January 1, 2007.
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.