05 LC 33
0567-EC
Senate
Bill 35
By:
Senators Moody of the 56th, Carter of the 13th, Stephens of the 27th, Starr of
the 44th, Hill of the 4th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to elementary and secondary education, so as to provide for the revision of
certain provisions regarding education flexibility; to change certain provisions
relating to expenditure controls for the 2005-2006 school year; to change
certain provisions regarding program weights; to change certain provisions
regarding legislative intent with respect to charter schools; to change certain
provisions regarding minimum requirements for charter petitions; to repeal Code
Section 20-2-2063.1, relating to exemption of charter schools from statutory and
regulatory requirements; to change certain provisions regarding operation,
control, and management requirements for charter schools; to amend Code Section
40-5-22, relating to persons not to be issued a driver´s license, school
attendance requirements, and driving training requirements, so as to provide for
an additional exception to the school attendance requirements to obtain a
driver´s license for a minor pursuing a general educational development
diploma; to provide for an additional offense to prohibit a suspended student
from maintaining a driver´s license; to provide for related matters; to
provide an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary
and secondary education, is amended by striking Code Section 20-2-167.1,
relating to the application of Code Section 20-2-167 for the 2003-2004 and
2004-2005 school year, and inserting in lieu thereof the following:
"20-2-167.1.
(a)
For the purposes of the
2003-2004,
and
2004-2005, and
2005-2006 school years only, the following
changes to Code Section 20-2-167 shall apply:
(1)
Except as otherwise provided in paragraph (2) of this subsection, for each
program identified in Code Section 20-2-161, each local school system shall
spend 100 percent of funds designated for direct instructional costs on the
direct instructional costs of such program on one or more of the programs
identified in Code Section 20-2-161 at the system level, with no requirement
that the school system spend any specific portion of such funds at the site
where such funds were earned;
(2)
Direct instruction funds for the kindergarten early intervention program, the
primary grades early intervention program, the upper elementary grades early
intervention program, the remedial education program, and the alternative
education program shall be expended on one or more of these programs at the
system level, with no requirement that the school system spend any specific
portion of such funds at the site where such funds were earned;
(3)
Each local school system shall spend 100 percent of the funds designated for
media center costs for such costs at the system level, and 100 percent of the
funds designated for media materials at the system level;
(4)(3)
During the 2003-2004 school year, funds allocated for staff development may be
spent for any program approved under the 'Quality Basic Education Act.' During
the 2004-2005
and
2005-2006 school
year
years,
each school system shall spend 90 percent of funds allocated for professional
development for such costs at the system level; and
(5)(4)
Each local school system shall report to the Department of Education its budgets
and expenditures in accordance with this Code section with expenditures based in
the preceding school year for each school site as a part of its report in
October for the FTE count and on March 15.
(b)
Except as otherwise provided by subsection (a) of this Code section, Code
Section 20-2-167 shall apply during the
2003-2004,
and
2004-2005, and
2005-2006 school years.
(c)
No penalty shall apply for failure to comply with expenditure controls set out
in Code Section 20-2-167 that are contrary to this Code section, notwithstanding
any law to the contrary, as long as the local school system complies with this
Code section.
(d)
Nothing in this Code section shall be construed to repeal any other provision of
Code Section 20-2-167 or this chapter, or to apply to any time period other than
the
two
three
fiscal years beginning July 1, 2003, and ending June 30,
2005
2006.
(e)
This Code section shall be automatically repealed July 1,
2005
2006."
SECTION
2.
Said
chapter is further 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.
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
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 a period not to exceed
four
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
a
proportional amount each school year
an
amount so that, beginning with the
2003-2004
2007-2008
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
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,
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. 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,
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,
and
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.
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
twofour
fiscal years beginning July 1, 2003, and ending June 30,
20052007.
This subsection shall be automatically repealed July 1,
20052007."
SECTION
3.
Said
chapter is further amended by striking Code Section 20-2-2061, relating to
legislative intent regarding charter schools, and inserting in its place a new
Code Section 20-2-2061 to read as follows:
"20-2-2061.
It
is the intent of the General Assembly to provide a means whereby a petitioner
may seek a performance based contract called a charter, which
ties
improved performance to the waiver of specifically identified state and local
rules, regulations, policies, procedures, and identified provisions of this
title other than the provisions of this article. In addition to specifically
identified provisions of this title, a charter school shall be exempt from
provisions listed in Code Section
20-2-2063.1
exempts the
petitioner from the provisions of this title, except as provided in this
article, or any state or local rule, regulation, policy, or procedure relating
to schools within an applicable school system regardless of whether such rule,
regulation, policy, or procedure is established by the local board, the State
Board of Education, or the Department of Education; provided, however, that the
state board may establish rules, regulations, policies, or procedures consistent
with this article relating to charter schools. In exchange for such a waiver,
the school agrees to meet or exceed the performance based goals included in the
petition and approved by the local board, including but not limited to raising
student
achievement."
SECTION
4.
Said
chapter is further amended by striking Code Section 20-2-2063, relating to
minimum requirements for charter petitions, and inserting in lieu thereof the
following:
"20-2-2063.
The
State Board of Education shall promulgate rules, regulations, policies, and
procedures to govern the contents of a charter
petition,
provided that the following shall be required at a minimum:
(1)
The state board shall require that a petition designate the performance to be
improved and how it will be improved through the waiver of specifically
identified state and local rules, regulations, policies, and procedures, or
provisions of this title other than the provisions of this article;
(2)
The state board shall require that a petition describe how it will measure the
improvement in such performance and over what period of time, provided that such
requirement shall not waive the accountability provisions of Part 3 of Article 2
of Chapter 14 of this title; and
(3)
The state board shall require that a petition demonstrate how any such waiver
does not undermine and is consistent with the intent of the waived state and
local rules, regulations, policies, and procedures, or the provisions of this
title."
SECTION
5.
Said
chapter is further amended by repealing in its entirety Code Section
20-2-2063.1, relating to exemption of charter schools from statutory and
regulatory requirements.
SECTION
6.
Said
chapter is further amended by striking Code Section 20-2-2065, relating to
operation, control, and management requirements for charter schools, and
inserting in its place a new Code Section 20-2-2065 to read as
follows:
"20-2-2065.
(a)
Except as provided in this article or in a charter, a charter school shall not
be subject to the provisions of this title or any state or local rule,
regulation, policy, or procedure relating to schools within an applicable school
system regardless of whether such rule, regulation, policy, or procedure is
established by the local board, the state board, or the Department of
Education; provided, however, that the state board may establish rules,
regulations, policies, or procedures consistent with this article relating to
charter schools.
(b)
In determining whether
to waive,
as sought by the petitioner, specifically identified state and local rules,
regulations, policies, and procedures, and provisions of this title other than
the provisions of this article
to approve a
charter petition or renew an existing
charter, the local board and state board
shall ensure that a charter school shall be:
(1)
A public, nonsectarian, nonreligious, nonprofit school that is not home based,
provided that a charter school´s nonprofit status shall not prevent the
school from contracting for the services of a for profit entity;
(2)
Subject to the control and management of the local board of the local school
system in which the charter school is located, as provided in the charter and in
a manner consistent with the Constitution, if a local charter
school;
(3)
Subject to the supervision of the state board, as provided in the charter and in
a manner consistent with the Constitution, if a state chartered special
school;
(4)
Organized and operated as a nonprofit corporation under the laws of this state;
provided, however, that this paragraph shall not apply to
conversion
charter schools
any charter
petitioner who is a local school or state or local public
entity;
(5)
Subject to all federal, state, and local rules, regulations, court orders, and
statutes relating to civil rights; insurance; the protection of the physical
health and safety of school students, employees, and visitors; conflicting
interest transactions; and the prevention of unlawful conduct;
(6)
Subject to all laws relating to unlawful conduct in or near a public
school;
(7)
Subject to an annual financial audit in the manner specified in the
charter;
(8)
Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title,
and such provisions shall apply with respect to charter schools whose charters
are granted or renewed on or after July 1, 2000;
(9)
Subject to all reporting requirements of
Code Section
20-2-160, subsection (e) of Code Section
20-2-161, Code Section
20-2-320, and
Code Section 20-2-740;
(10)
Subject to the requirement that it shall not charge tuition or fees to its
students except as may be authorized for local boards by Code Section 20-2-133;
and
(11)
Subject to the provisions of Code Section 20-2-1050 requiring a brief period of
quiet
reflection."
SECTION
7.
Code
Section 40-5-22 of the Official Code of Georgia Annotated, relating to persons
not to be issued a driver´s license, school attendance requirements, and
driving training requirements, is amended by striking subsection (a.1) and
inserting in lieu thereof the following:
"(a.1)(1)
The department shall not issue an instruction permit or driver´s license to
a person who is younger than 18 years of age unless at the time such minor
submits an application for an instruction permit or driver´s license the
applicant presents acceptable proof that he or she has received a high school
diploma, a general educational development (GED) diploma, a special diploma, or
a certificate of high school completion, or has terminated his or her secondary
education and is enrolled in a postsecondary
school,
pursuing a general educational development (GED)
diploma, or the records of the department
indicate that said applicant:
(A)
Is enrolled in and not under suspension from a public or private school and has
satisfied relevant attendance requirements as set forth in paragraph (2) of this
subsection for a period of one academic year prior to application for an
instruction permit or driver´s license; or
(B)
Is enrolled in a home education program that satisfies the requirements of all
state laws governing such courses.
The
department shall notify such minor of his or her ineligibility for an
instruction permit or driver´s license at the time of such
application.
(2)
The department shall forthwith notify by certified mail or statutory overnight
delivery, return receipt requested, any minor issued an instruction permit or
driver´s license in accordance with this subsection other than a minor who
has terminated his or her secondary education and is enrolled in a postsecondary
school or who
is pursuing a general education development (GED)
diploma that such minor´s instruction
permit or driver´s license is suspended subject to review as provided for
in this subsection if the department receives notice pursuant to Code Section
20-2-701 that indicates that such minor:
(A)
Has dropped out of school without graduating and has remained out of school for
ten consecutive school days;
(B)
Has more than ten school days of unexcused absences in any semester or
combination of two consecutive quarters;
or
(C)
Has been suspended from school for:
(i)
Threatening, striking, or causing bodily harm to a teacher or other school
personnel;
(ii)
Possession or sale of drugs or alcohol on school property;
(iii)
Possession or use of a weapon on school property. For purposes of this
subparagraph, the term 'weapon' shall be defined in accordance with Code Section
16-11-127.1 but shall not include any part of an archeological or cultural
exhibit brought to school in connection with a school project;
(iv)
Any sexual offense prohibited under Chapter 6 of Title 16; or
(v)
Causing substantial physical or visible bodily harm to or seriously disfiguring
another person, including another
student.;
or
(D)
Has been suspended from school, for any reason, for more than ten cumulative
days.
Notice
given by certified mail or statutory overnight delivery with return receipt
requested mailed to the person´s last known address shall be prima-facie
evidence that such person received the required notice. Such notice shall
include instructions to the minor to return immediately the instruction permit
or driver´s license to the department and information summarizing the
minor´s right to request an exemption from the provisions of this
subsection. The minor so notified may request in writing a hearing within ten
business days from the date of receipt of notice. Within 30 days after receiving
a written request for a hearing, the department shall hold a hearing as provided
for in Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' After
such hearing, the department shall sustain its order of suspension or rescind
such order. The department shall be authorized to grant an exemption from the
provisions of this subsection to a minor, upon such minor´s petition, if
there is clear and convincing evidence that the enforcement of the provisions of
this subsection upon such minor would create an undue hardship upon the minor or
the minor´s family or if there is clear and convincing evidence that the
enforcement of the provisions of this subsection would act as a detriment to the
health or welfare of the minor. Appeal from such hearing shall be in accordance
with said chapter. If no hearing is requested within the ten business days
specified above, the right to a hearing shall have been waived and the
instruction permit or driver´s license of the minor shall remain suspended.
The suspension provided for in this paragraph shall be for a period of one year
or shall end upon the date of such minor´s eighteenth birthday, whichever
comes first.
(3)
The State Board of Education and the commissioner of motor vehicle safety are
authorized to promulgate rules and regulations to implement the provisions of
this
subsection."
SECTION
8.
This
Act shall become effective on July 1, 2005.
SECTION
9.
All
laws and parts of laws in conflict with this Act are repealed.