07 LC 33
2013ERS
The
House Committee on Education offers the following substitute to HB
603:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Subpart 1 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official
Code of Georgia Annotated, relating to the employment of certificated
professional personnel in elementary and secondary education, so as to provide
for alternative teaching certifications for secondary school teachers; to
provide for statutory construction; to prohibit discrimination or disparate
treatment for teachers and applicants for alternative certification; to provide
for 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
1 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to the employment of certificated professional
personnel in elementary and secondary education, is amended in Code Section
20-2-200, relating to teacher certification, as follows:
"20-2-200.
(a)
The Professional Standards Commission shall provide, by regulation, for
certifying and classifying all certificated professional personnel employed in
the public schools of this state. No such personnel shall be employed in the
public schools of this state unless they hold certificates issued by the
commission certifying their qualifications and classification in accordance with
such regulations. The commission shall establish such number of classifications
of other certificated professional personnel as it may find reasonably necessary
or desirable for the operation of the public schools; provided, however, that
such classifications shall be based only upon academic, technical, and
professional training, experience, and competency of such personnel. The
commission is authorized to provide for denying a certificate to an applicant,
suspending or revoking a certificate, or otherwise disciplining the holder of a
certificate for good cause after an investigation is held and notice and an
opportunity for a hearing are provided the certificate holder or applicant in
accordance with subsection (d) of Code Section 20-2-984.5. The commission shall
designate and define the various classifications of professional personnel
employed in the public schools of this state that shall be required to be
certificated under this Code
section or
under Code Section 20-2-206. Without
limiting the generality of the foregoing, the term 'certificated professional
personnel' is defined as all professional personnel certificated by the
commission and county or regional librarians.
(b)(1)
The Professional Standards Commission shall establish rules and regulations for
appropriate requirements and procedures to ensure high-quality certification
standards for all Georgia educators while facilitating the interstate mobility
of out-of-state certified educators.
(2)
Requirements established for initial certification applicants new to the
profession, to include out-of-state program completers with or without
certificates and with no teaching experience, may include, but are not limited
to, demonstrated satisfactory proficiency in the following: a test of broad
general knowledge; a test of specific subject matter content or other
professional knowledge appropriate to the applicant´s field of
certification; computer skill competency; standards of ethical conduct; and
course work in the identification and education of children who have special
educational
needs;
provided, however, that this paragraph shall not be construed to apply to
alternative certification requirements as provided in Code Section
20-2-206.
(3)
Requirements established for holders of valid, professional out-of-state
certificates applying for their first Georgia certificate may include, but are
not limited to the following: computer skill competency; course work in the
identification and education of children who have special educational needs;
recency of study; and standards of ethical conduct. These requirements may be
completed during the validity period of the first Georgia certificate. At the
time of application for the first Georgia certificate, satisfactory proficiency
in subject matter content appropriate to the applicant´s field of
certification may be determined based on Professional Standards Commission
approved tests or combinations of successful teaching experience and academic,
technical, and professional preparation as outlined in rules of the Professional
Standards Commission.
(4)
Requirements for certification renewal shall be established to foster ongoing
professional learning, enhance student achievement, and verify standards of
ethical conduct. Such requirements may include, but are not limited to,
professional learning related to school improvement plans or the
applicant´s field of certification and background checks. Should the
Professional Standards Commission include a requirement to demonstrate computer
skill competency, the rules and regulations shall provide that a certificated
educator may elect to meet the requirement by:
(A)
Completing a course in computer skill competency, including but not limited to
the phase one InTech model training program; or
(B)
Receiving satisfactory results on a test in basic computer skill competency. If
a certificated educator elects to take such test pursuant to this subparagraph,
the local school system by which such educator is employed shall make available
the opportunity to take the test on site at the school in which the educator is
assigned. Each principal shall identify an administrator on site at each school
to serve as a proctor for individuals taking the test pursuant to this
subparagraph.
Individuals
holding a valid Georgia life certificate or a valid National Board for
Professional Teaching Standards certificate shall be deemed to have met state
renewal requirements except those related to background checks.
(5)
Requirements designating approved in-field assignment standards appropriate to
the applicant´s field of certification shall be established to ensure that
educators are assigned to those areas for which they are properly prepared.
These standards may be determined based on reviews of state approved curriculum
courses, state approved preparation programs, and designated certificate
fields.
(c)
An individual who has received two unsatisfactory annual performance evaluations
in the previous five-year period pursuant to Code Section 20-2-210 shall not be
entitled to a renewable certificate prior to demonstrating that such performance
deficiency has been satisfactorily addressed, but such individual may apply to
the commission for a nonrenewable certificate.
(d)
No applicant who is under review by the commission shall be allowed to withdraw
his or her application for a certificate, permit, or other certification
document without the written consent of the commission. The commission shall
retain its authority over those applicants to proceed with the denial of the
certificate, permit, or other certification document upon any ground provided by
law, or to enter an order denying the certificate, permit, or other
certification document upon any ground provided by law. The suspension or
expiration of any certificate, permit, or certification document, or its
surrender without the written consent of the commission, shall not deprive the
commission of its authority to do any of the following:
(1)
Institute or continue a disciplinary proceeding against the holder of a
certificate, permit, or other certification document upon any ground provided by
law;
(2)
Enter an order suspending or revoking the certificate, permit, or other
certification document; or
(3)
Issue an admonition to the holder of a certificate, permit, or other
certification document.
(e)(1)
The Professional Standards Commission shall charge the following fees to persons
who file applications with the commission under its regulations adopted pursuant
to the authority of this Code section:
|
(A)
For an applicant for initial certification who is not currently employed in
Georgia public or private schools
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$
20.00
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(B)
For an applicant for initial certification who is not a graduate of an
accredited education program from a Georgia college or university
|
20.00
|
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(C)
For an applicant for a higher certificate when the applicant then holds a
Georgia certificate but who is not currently employed in Georgia public or
private schools
|
20.00
|
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(D)
For an applicant for a certificate which adds a field or which endorses a
certificate but who is not currently employed in Georgia public or private
schools
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20.00
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(E)
For an applicant for a conditional certificate
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20.00
|
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(F)
For an applicant for the renewal of any certificate if the applicant is not
currently employed by a public or private school in Georgia
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20.00
|
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(G)
For evaluating transcripts where certificates are not issued and for issuing
duplicate copies of certificates
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20.00
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(2)
The fees provided for in paragraph (1) of this subsection shall be paid by an
applicant by cashier´s check or money order as a condition for filing the
application.
(3)
The fees provided for in this subsection shall be paid by the commission into
the general funds of the state. The commission shall adopt regulations to carry
out the provisions of this subsection.
(f)
As used in this part, unless the context indicates otherwise, the term
'commission' means the Professional Standards Commission established under Part
10 of Article 17 of this chapter."
SECTION
2.
Said subpart is further
amended by adding a new Code section to read as follows:
"20-2-206.
(a)
Each local school system may provide an alternative teacher certification
program upon approval by the Professional Standards Commission for a secondary
school teacher candidate who:
(1)
Possesses a master´s degree, doctoral degree, or Juris Doctor in each
academic subject in which the candidate will teach; and
(2)
Receives high-quality professional development that is sustained, intensive, and
classroom focused in order to have a positive and lasting impact on classroom
instruction, before and while teaching;
(3)
Participates in a program of intensive supervision that consists of structured
guidance and regular ongoing support for teachers or a teacher mentoring
program;
(4)
Assumes functions as a teacher only for a specified period of time not to exceed
three years; and
(5)
Demonstrates satisfactory progress toward full certification as prescribed by
the Professional Standards Commission.
The
Professional Standards Commission shall apply the least restrictive standards
when approving a school system developed program under this
subsection.
(b)
The Professional Standards Commission shall grant a clear renewable certificate,
as defined by the commission, to a secondary school teacher candidate who:
(1)
Possesses a master´s degree, doctoral degree, or Juris Doctor in each
academic subject in which the teacher will teach;
(2)
Complies with standards of conduct requirements established by the Professional
Standards Commission;
(3)
Complies with special education requirements established by the Professional
Standards Commission;
(4)
Complies with computer skill competency requirements established by the
Professional Standards Commission;
(5)
Complies with recency of study and experience requirements established by the
Professional Standards Commission; and
(6)
Has received an offer of employment for a teaching position in a local school
system in Georgia.
(c)
A teacher certified pursuant to this Code section shall be considered a
certificated professional personnel in all respects for purposes of this chapter
or any local board of education policy.
(d)
A local school system shall not discriminate or treat differently in any manner
a teacher certified or an applicant seeking certification pursuant to this Code
section, including, but not limited to, refusal to admit such teacher to a job
fair or other teacher recruitment activity."
SECTION
3.
All laws and parts of laws in
conflict with this Act are repealed.