06 LC 33
1422S
The
House Committee on Education offers the following substitute to HB
1239:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to competencies and core curriculum for elementary
and secondary students under the "Quality Basic Education Act," so as to provide
for a minimum course of study in criminal law in Georgia established by the
State Board of Education; to provide legislative findings; to provide for a
manual; to provide for rules and regulations; to provide for time frames for
implementation; to provide for construction; to provide for an election by a
parent or guardian not to participate; to provide for immunity; 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
2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to competencies and core curriculum for elementary and
secondary students under the "Quality Basic Education Act," is amended by adding
at the end thereof a new Code section to read as follows:
"20-2-148.
(a)
The General Assembly finds that our youth are the future of our state and that
it is in the best interests of the youth and of society as a whole to
discourage, to the greatest extent possible, criminal behavior of youth. The
General Assembly further finds that it would be beneficial to educate the youth
of this state on the repercussions of engaging in behavior that can be deemed
criminal and the devastating impact it can have on the life of the individual,
on the
individuaĺs
family, and on society as a whole.
(b)
The State Board of Education shall prescribe a minimum course of study which
shall include the criminal code in Georgia as it affects minors with an emphasis
on sexual offenses, crimes for which a minor can be tried as an adult, crimes
included in paragraph (2) of subsection (b) of Code Section 15-11-28, and
potential criminal penalties for committing crimes. The State Board of
Education shall ensure that any minimum course of study shall be age appropriate
for each prescribed grade. The minimum course of study shall be included as a
portion of an appropriate course, as determined by the State Board of Education
at a minimum, in grades eight and nine, and the instruction shall be delivered
in a classroom setting. The minimum course of study shall include an assessment
on the material at the conclusion of the instruction and the results of the
assessment shall be included as a part of the
student́s
grade in the course. The state board shall establish minimum time requirements
for the course of study. Any changes made by the General Assembly to the
criminal code as it affects minors shall be included in a revised course of
study for the following school year.
(c)
A manual setting out the details of such course of study shall be prepared by or
approved by the State Board of Education in cooperation with the Attorney
General, and such expert advisers as they may choose and shall be made available
to parents upon request.
(d)
The State Board of Education shall be authorized to promulgate rules and
regulations to implement the requirements of this Code section.
(e)
The minimum course of study to be prescribed by the State Board of Education
pursuant to subsection (c) of this Code section shall be ready for
implementation not later than July 1, 2007. Each local board shall implement
either such minimum course of study or its equivalent not later than December
31, 2007. Any local board of education which fails to comply with this
subsection shall not be eligible to receive any state funding under this article
until such minimum course of study or its equivalent has been
implemented.
(f)
Any parent or legal guardian of a child to whom the course of study set forth in
this Code section is to be taught shall have the right to elect, in writing,
that such child not receive such course of study.
(g)
No teacher, administrator, or local board of education member shall be held
civilly or criminally liable for instruction provided pursuant to this Code
section if such instruction is provided in accordance with this Code section and
with State Board of Education and local board of education
guidelines."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.