06 LC 33
1126
House
Bill 1082
By:
Representatives Tumlin of the
38th,
Keown of the
173rd,
and Freeman of the
140th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official
Code of Georgia Annotated, relating to conditions of employment for personnel in
local school systems, so as to change certain provisions relating to a duty-free
lunch period for teachers; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Subpart
2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to conditions of employment for personnel in local
school systems, is amended by striking Code Section 20-2-218, relating to a
duty-free lunch period, and inserting in lieu thereof the
following:
∀20-2-218.
(a)
Every teacher who is employed in grades kindergarten through five for a period
of time of more than one-half of the class periods of the regular school day
shall be provided a daily lunch period of not less than 30 consecutive minutes,
and such employee shall not be assigned any responsibilities during this lunch
period. Such lunch period shall be included in the number of hours worked, and
no local board of education shall increase the number of hours to be worked by
an employee as a result of such
employeés
being granted a lunch period under the provisions of this Code section. This
duty-free lunch period shall not be calculated under any circumstances as a part
of any daily planning period or other noninstructional time.
(b)
Nothing in this Code section shall be construed to prevent any teacher from
exchanging that
teacheŕs
lunch period for any compensation or benefit mutually agreed upon by the
employee and the local superintendent of schools or such
superintendent́s
agent, except that a teacher and the superintendent or agent may not agree to
terms which are different from those available to any other teacher granted
rights under this Code section within the individual school or to terms which in
any way discriminate among such teachers within the individual
school.
(c)
The implementation of this Code section may not result in a lengthened school
day.
(d)
If necessary where due to extreme economic conditions or an unforeseen and
unavoidable personnel shortage, a local unit of administration may require a
teacher otherwise entitled to a duty-free lunch period to supervise students
during such lunch period but for no more than one day in any school
week.
(e)
Notwithstanding any of the foregoing provisions of this Code section to the
contrary, nothing in this Code section shall require the General Assembly to
appropriate funds for the implementation of the duty-free lunch program;
provided, however, that any such funds appropriated for this purpose shall be
used by local school systems for duty-free lunch periods for classroom teachers
in grades kindergarten through five.
In the event
that the General Assembly appropriates additional funds for the implementation
of the duty-free lunch program for classroom teachers in grades six through 12,
the provisions of this Code section shall be fully applicable to grades six
through 12 in the fiscal year that the initial appropriations are made by the
General Assembly and in every year
thereafter.∀
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.