05 LC 22
5707
Senate
Bill 72
By: Senators Thompson of the 33rd, Stoner of the 6th, Powell of the 23rd and Thompson of the 5th
By: Senators Thompson of the 33rd, Stoner of the 6th, Powell of the 23rd and Thompson of the 5th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 20_2_182, relating to program weights relative to state
funding of local school systems, so as to provide for compliance with maximum
class size requirements for each individual classroom; to prohibit determining
compliance with maximum class size requirements by system average; to revise or
delete obsolete provisions; to restore provisions enacted in 2000 and suspended
during school years 2003_2004 and 2004_2005; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 20_2_182, relating to program weights relative to state funding of local
school systems, is amended by striking subsections (i) and (k) and inserting in
lieu thereof the following:
"(i)
The State Board of Education shall adopt for each instructional program
authorized pursuant to Part 3 of this article and the middle school program
provided for in Code Section 20_2_290 the maximum number of students which may
be taught by a teacher in an instructional period. Such maximum class sizes
shall be equal to or greater than the teacher_student ratios used in the
calculation of the program weights as set forth in subsection (b) of Code
Section 20_2_161 but shall not exceed the funding class size by more than 20
percent, unless specifically authorized by the State Board of Education;
provided, however, that in no case shall the 20 percent maximum be exceeded for
mathematics, science, social studies, or English classes; provided, further,
that the maximum class size for kindergarten and grades one through three shall
not exceed 20 percent over the funding ratio except for art, music, or physical
education classes; provided, further, that the maximum class size for special
education, gifted, and English for speakers of other languages classes shall be
set by the State Board of Education. For a period
not to
exceed four years, beginning with the
2000_2001 school year, local school systems shall be allowed to exceed the
maximum class sizes set forth in this subsection in a manner consistent with
State Board of Education rules. The State Board of Education shall lower the
current maximum class sizes set by state board rules in effect for the 1999_2000
school year, beginning with the 2000_2001 school year,
by a
proportional amount each school year so
that, beginning with the
2003_2004
2005_2006
school year, State Board of Education rules are in compliance with this
subsection
except as
otherwise provided in subsection (k) of this Code section for the 2003_2004 and
2004_2005 school years only. An aide may
be used in programs to increase class size as allowed by State Board of
Education rule, except that an aide shall not be used to increase the maximum
class size in kindergarten or grades one through
three,
except as otherwise provided in subsection (k) of this Code section for the
2003_2004 and 2004_2005 school years only.
The maximum class size for the kindergarten and primary grades programs is
defined as the number of students in a physical classroom.
Compliance
with maximum class size requirements shall not be determined by the system
average. Maximum class sizes that result
in a fractional full_time equivalent shall be rounded up to the nearest whole
number as needed. The middle school program shall use the teacher_student ratio
of the middle grades program for the purpose of this subsection. The number of
students taught by a teacher at any time after the first 15 school days of a
school year may not exceed the maximum such number unless authorization for a
specific larger number is requested of the state board, along with the
educational justification for granting the requested exemption, and the state
board has approved said request. The state board shall not reduce class sizes
without the authorization of the General Assembly if this reduction necessitates
added costs for facilities, personnel, and other program needs. Local boards of
education may reduce class sizes, build additional facilities, and provide other
resources at local cost if such actions are in the best interest of the local
school systems´ programs as determined by the local boards of
education."
"(k)
For the 2003_2004 and 2004_2005 school years, the maximum class sizes set by the
State Board of Education for the 2002_2003 school year shall apply for grades
four through 12. For the 2003_2004 and 2004_2005 school years, the maximum class
sizes set by the State Board of Education for the 2003_2004 school year shall
apply to kindergarten and grades one through three, except that a kindergarten
class may be increased to 20 students if a paraprofessional is present in
addition to the certificated teacher. For the 2003_2004 and 2004_2005 school
years, compliance with maximum class size requirements shall be determined by
the system average for kindergarten and for each grade and no class shall exceed
the applicable maximum size by more than two students. Except as otherwise
provided in this subsection, other provisions of this Code section shall apply.
This subsection shall not be construed to repeal any other provision of this
Code section or this chapter, or to apply to any period of time other than the
two fiscal years beginning July 1, 2003, and ending June 30, 2005. This
subsection shall be automatically repealed July 1,
2005."
SECTION
2.
This
Act shall become effective on July1, 2005.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.