06 LC 33
1045
House
Bill 1166
By:
Representatives Morgan of the
39th,
Bruce of the
64th,
Jordan of the
77th,
Williams of the
89th,
Gardner of the
57th,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to program weights and funding requirements relative
to elementary and secondary education, so as to change certain provisions
regarding program weights; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to program weights and funding requirements relative to
elementary and secondary education, is amended by striking subsections (i) and
(k) of Code Section 20-2-182, relating to program weights, 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. The State Board of Education
shall provide for a system average maximum class size that shall not exceed the
funding class size by more than 20 percent for mathematics, science, social
studies, or language arts classes, unless specifically authorized by the State
Board of Education. The system average 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 system average 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 each instructional program, the maximum number of students who
may be taught by a teacher in an instructional period shall not exceed the
system average maximum class size for the program by more than two students;
provided, however, that a system average maximum class size which results in a
fractional full-time equivalent shall be rounded up to the nearest whole number.
For time
periods as set out in subsection (k) of this Code
section
a
period not
to exceed seven 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 and subsection (k) of this Code section. 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 an amount so that, beginning with the 2007-2008 school
year for
kindergarten, grades one through three, and grades seven through 12, and
beginning with the 2006-2007 school year for grades four through
six, State Board of Education rules are in
compliance with this subsection. An aide may be used in programs to increase
class size as allowed by State Board of Education rule and subsection (k) of
this Code section, except that beginning with the 2007-2008 school year, an aide
shall not be used to increase the maximum class size in kindergarten or grades
one through three. The maximum class size for the kindergarten and primary
grades programs is defined as the number of students in a physical classroom.
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
systemś
programs as determined by the local boards of
education.∀
∀(k)
For the 2003-2004, 2004-2005, 2005-2006, and 2006-2007 school years, the maximum
class sizes set by the State Board of Education for the 2002-2003 school year
shall apply for grades
four
six
through 12.
For the
2003-2004, 2004-2005, and 2005-2006 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 six. For the
2003-2004, 2004-2005, 2005-2006, and 2006-2007 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. 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 four fiscal years
beginning July 1, 2003, and ending June 30, 2007. This subsection shall be
automatically repealed July 1,
2007.∀
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.