07
SB72/AP
Senate
Bill 72
By:
Senators Williams of the 19th, Weber of the 40th, Rogers of the 21st, Tolleson
of the 20th, Staton of the 18th and others
AS
PASSED
AN
ACT
To
amend Code Section 20-2-86 of the Official Code of Georgia Annotated, relating
to operation of school councils, so as to delete language relating to membership
on the school council; to provide that the parent members make up a majority on
the school council; to provide that the chairperson shall be a parent member; to
provide for transition; to amend Code Section 20-2-290 of the Official Code of
Georgia Annotated, relating to organization of schools under the "Quality Basic
Education Act," so as to authorize the employment of school administrative
managers to conduct the financial and business affairs of a school; 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 a definition; to provide for statutory construction; to prohibit
discrimination or disparate treatment for teachers and applicants for
alternative certification; to provide for related matters; to repeal conflicting
laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Code
Section 20-2-86 of the Official Code of Georgia Annotated, relating to operation
of school councils, is amended by revising subsections (c), (d), (e), and (j) as
follows:
"(c)
Any member may withdraw from the council by delivering to the council a written
resignation and submitting a copy to the secretary of the council or school
principal. Should school councilmembers determine that a member of the council
is no longer active in the council as defined by the bylaws of the council, the
council may, by a majority vote, withdraw such person´s membership status,
effective as of a date determined by the council.
(d)
The property and business of the council shall be managed by a minimum of seven
school councilmembers of whom a majority shall constitute a quorum. The number
of councilmembers shall be specified in the council´s bylaws. Members of
the school council shall include:
(1)
A number of parents or guardians of students enrolled in the school, excluding
employees who are parents or guardians of such students, so that such parents or
guardians make up a majority of the council and at least two of whom shall be
businesspersons;
(2)
At least two certificated teachers, excluding any personnel employed in
administrative positions, who are employed at least four of the six school
segments at the school;
(3)
The school principal; and
(4)
Other members as specified in the council´s bylaws, such as, but not
limited to, students, staff, and representatives of school related
organizations. Other businesspersons from the local business community may
serve on the council and shall be selected by the other members of the school
council. Selection procedures for these members and the business members shall
be specified in the council´s bylaws.
An
employee of the local school system may serve as a parent representative on the
council of a school in which his or her child is enrolled if such employee works
at a different school. With the exception of the principal and the business
representatives, members shall be elected by, and from among, the group they
represent.
(e)
Members of the council shall serve for a term of two years or for such other
term as may be specified in the council´s bylaws, except as provided in
this subsection. The terms of the councilmembers shall be staggered. Upon the
expiration of the terms of the two businessperson councilmembers in office on
July 1, 2007, these member positions shall subsequently be filled by parent
councilmembers; provided, however, that additional businesspersons may serve on
the council if provided for in the council´s bylaws in accordance with
paragraph (4) of subsection (d) of this Code section. Councilmembers may serve
more than one term. The office of school councilmember shall be automatically
vacated:
(1)
If a member shall resign;
(2)
If the person holding the office is removed as a member by an action of the
council pursuant to this Code section; or
(3)
If a member no longer meets the qualifications specified in this Code
section.
An
election within the electing body for a replacement to fill the remainder of an
unexpired term shall be held within 30 days, unless there are 90 days or less
remaining in the term in which case the vacancy shall remain
unfilled."
"(j)(1)
The officers of the school council shall be a chairperson, vice chairperson, and
secretary. Officers of the council shall be elected by the council at the first
meeting of the council following the election of school councilmembers;
provided, however, that the chairperson shall be a parent member. The officers
of the council shall hold office for the term specified in the council´s
bylaws.
(2)
The vice chairperson shall, in the absence or disability of the chairperson,
perform the duties and exercise the powers of the chairperson and shall perform
such other duties as shall be required by the council.
(3)
The secretary shall attend all meetings, act as clerk of the council, and be
responsible for recording all votes and minutes of all proceedings in the books
to be kept for that purpose. The secretary shall give or cause to be given
notice of all meetings of the council and shall perform such other duties as may
be prescribed by the council."
SECTION
2.
Code
Section 20-2-290 of the Official Code of Georgia Annotated, relating to
organization of schools under the "Quality Basic Education Act," is amended by
revising subsection (a) as follows:
"(a)(1)
The board of education of any local school system is authorized to organize or
reorganize the schools and fix the grade levels to be taught at each school in
its jurisdiction. Local school systems which have organized their schools in
such a manner that facilities house grades six, seven, and eight or grades seven
and eight shall qualify for the middle school program for students in grade
levels so housed. A school which houses grades other than six, seven, or eight
shall only be eligible if it has a full-time principal for grades seven and
eight or six, seven, and eight and another full-time principal for grades above
or below the middle school grades; provided, however, that such schools also
meet all other provisions of this Code section. Schools with students in the
sixth grade shall not be eligible for the middle school program if the sixth
grades are not housed in middle schools which also contain both grades seven and
eight. Further, two or more adjacent local school systems shall qualify for the
middle school program if through their contractual arrangement they jointly meet
the requirements of this Code section and the criteria and standards prescribed
by the state board.
(2)
The board of education of any local school system shall be authorized to employ
school administrative managers in lieu of or in addition to assistant
principals. Such school administrative managers shall not be required to be
certificated by the Professional Standards Commission but shall have such
qualifications as determined by the local board with a minimum requirement of a
bachelor´s degree. The duties of school administrative managers shall be
to oversee and manage the financial and business affairs of the school. The
principal shall retain authority over the curriculum and instructional areas.
The school administrative manager shall report directly to the principal. In
the event that a local board considers hiring or utilizing school administrative
managers pursuant to this subsection, it shall receive and give all due
consideration to recommendations by the school council as to whether or not to
utilize such position and as to selection of the manager. Existing employees of
the local board shall be eligible to serve as school administrative managers if
they meet other qualifications and requirements established by the local board
for such position. For purposes of earning funds for such positions, school
administrative managers shall be treated in all respects the same as assistant
principals."
SECTION
3.
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
|
$
20.00
|
|
(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
|
|
(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
|
|
(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
|
20.00
|
|
(E)
For an applicant for a conditional certificate
|
20.00
|
|
(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
|
20.00
|
|
(G)
For evaluating transcripts where certificates are not issued and for issuing
duplicate copies of certificates
|
20.00
|
(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
4.
Said
subpart is further amended by adding a new Code section to read as
follows:
"20-2-206.
(a)
For purposes of this Code section, the term 'core academic subject' means
English, reading or language arts, mathematics, science, foreign languages,
civics and government, economics, arts, history, or geography.
(b)(1)
Each local school system may provide an alternative teacher certification
program upon approval by the Professional Standards Commission for a secondary
school teacher candidate to teach a course or courses in a core academic subject
who:
(A)
Possesses a master´s degree, doctoral degree, or Juris Doctor in each
academic subject in which the candidate will teach;
(B)
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;
(C)
Participates in a program of intensive supervision that consists of structured
guidance and regular ongoing support for teachers or a teacher mentoring
program;
(D)
Assumes functions as a teacher only for a specified period of time not to exceed
three years; and
(E)
Demonstrates satisfactory progress toward full certification as prescribed by
the Professional Standards Commission.
(2)
The Professional Standards Commission shall apply the least restrictive
standards when approving a school system developed program under this
subsection.
(3)
Any teacher certified pursuant to this subsection shall be considered a highly
qualified teacher for purposes of the federal No Child Left Behind Act (P.L.
107-110).
(c)
Each local school system may provide an alternative teacher certification
program upon approval by the Professional Standards Commission for a secondary
school teacher candidate to teach a course or courses in a subject that is not a
core academic subject who:
(1)
Possesses a master´s degree, doctoral degree, or Juris Doctor in each
academic subject in which the candidate will teach; and
(2)
Demonstrates satisfactory progress toward full certification as prescribed by
the Professional Standards Commission.
(d)
A teacher receiving initial certification pursuant to this Code section shall be
treated in the same manner as certificated professional personnel for purposes
of this chapter or any local board of education policy, including receiving
salaries pursuant to the minimum salary schedule provided for in Code Section
20-2-212.
(e)
A local school system shall not discriminate or treat differently in any manner
a teacher possessing initial certification pursuant to this Code section, an
applicant seeking initial certification pursuant to this Code section, or an
individual meeting the requirement contained in subparagraph (b)(1)(A) or
paragraph (1) of subsection (c) of this Code section and eligible for initial
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
5.
All
laws and parts of laws in conflict with this Act are repealed.