06 LC 33
1307-EC
House
Bill 1358
By:
Representatives Coleman of the
97th,
Golick of the
34th,
Smith of the
129th,
Jones of the
46th,
Benton of the
31st,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Code Section 20-2-182 of the Official Code of Georgia Annotated, relating
to program weights, maximum class size, and reporting requirements under the
"Quality Basic Education Act," so as to change certain provisions relating to
maximum class size requirements; to provide for legislative intent; to provide
for a short title; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Truth in Class Size
Act."
SECTION
2.
Code
Section 20-2-182 of the Official Code of Georgia Annotated, relating to program
weights, maximum class size, and reporting requirements under the "Quality Basic
Education Act," is amended by striking subsections (i) and (k) and inserting in
their respective places the following:
"(i)(1)
It is the intent of this paragraph to provide a clear expectation to parents and
guardians as to the maximum number of students that may be in their
child́s
classroom in kindergarten through eighth grade. Beginning with the 2006-2007
school year, for the following regular education programs, the maximum
individual class size for mathematics, science, social studies, and language
arts classes shall be:
|
(A)
Kindergarten program (without full-time aide)
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18
|
|
(B)
Kindergarten program (with full-time aide)
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20
|
|
(C)
Primary grades program (1-3)
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21
|
|
(D)
Upper elementary grades program (4-5)
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28
|
|
(E)
Middle grades program (6-8) and middle school program (6-8) as defined in Code
Section 20-2-290
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28
|
(2)
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
except those
programs included in paragraph (1) of this
subsection the maximum number of students
which may be taught by a teacher in an instructional period.
For the
remedial education, vocational laboratory, alternative education, and early
intervention programs, the
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
covered under
this paragraph, 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 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,
except for those programs included in paragraph (1) of this subsection beginning
with the 2006-2007 school year. 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, State Board of Education rules are in compliance with this
subsection;
provided, however, that this shall not apply to the programs included in
paragraph (1) of this subsection beginning with the 2006-2007 school
year.
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.
(3)
The maximum
individual
class size for the kindergarten and primary grades programs is defined as the
number of students in a physical classroom.
The maximum
individual class size for all other purposes shall be defined as the maximum
number of students that may be taught by a teacher in a class
segment. Maximum class sizes
for the
programs covered in paragraph (2) of this
subsection that result in a fractional
full-time equivalent shall be rounded up to the nearest whole number as
needed.
(4)
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
after the
first FTE count of a school year as required in subsection (a) of Code Section
20-2-160. The state board may approve said request only in the limited
circumstance where educationally justified and where an act of God or other
unforeseen event led to the precipitous rise in enrollment within that school
system or led to another occurrence which resulted in the local
board́s
inability to comply with this subsection.
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)(1)
Except as otherwise provided in paragraph (2) of this subsection or in
paragraph (1) of subsection (i) of this Code section,
for
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 through
12. 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.
(2)(A)
For the 2006-2007 school year, for the following regular education programs, the
maximum individual class size for mathematics, science, social studies, and
language arts classes shall be:
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(i)
High school general education program (9-12), except science
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32
|
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(ii)
High school general education program (9-12), science only
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30
|
(B)
For the 2006-2007 school year, in addition to the maximum individual class size
requirements in subparagraph (A) of this paragraph, the maximum system average
class size for mathematics, science, social studies, and language arts classes
shall be:
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(i)
High school general education program (9-12), except science
|
30
|
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(ii)
High school general education program (9-12), science only
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28
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(3)
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
3.
All
laws and parts of laws in conflict with this Act are repealed.