08 LC 33 2518S
The House Committee on Education offers the following substitute to HB
1209:
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 that a local school
system may enter into a contract with the State Board of Education for increased
flexibility; to require all local school systems to develop a five-year
strategic plan; to provide for public input; to provide for peer review teams;
to provide for approval of strategic plans; to provide for contract
requirements; to provide for accountability, flexibility, and consequences
components of the contract; to provide for certain laws which may be waived; to
provide for loss of governance consequences; to provide for duties of the Office
of Student Achievement with respect to such strategic plans; to provide for a
phased-in implementation; to provide for exceptions for charter systems; to
provide for rules, regulations, and guidelines; to change certain provisions
relating to appointment of local school superintendents; to change certain
provisions relating to waivers to improve student performance; to provide for
related matters; 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 adding a new Article 4, which is
reserved, to read as follows:
"ARTICLE
4
20-2-80.
(a)
A local school system may request increased flexibility from certain state laws,
rules, and regulations in exchange for increased accountability and defined
consequences through a contract with the State Board of Education. Such
contract shall be based on a strategic plan which will establish a framework of
accountability, flexibility, and consequences in accordance with this article.
(b)
A local school system may elect not to request increased flexibility in exchange
for increased accountability and defined consequences and opt to remain under
all current laws, rules, regulations, policies, and procedures but shall still
be required to comply with the requirements contained in Code Section 20-2-81
and 20-2-82.
20-2-81.
(a)
Each local school system shall develop a five-year strategic plan which sets out
the school system´s vision and mission for improving the performance of its
schools. The strategic plan shall clearly delineate:
(1)
Current performance data, grade levels, and demographic data for each school
within the school system;
(2)
Performance goals for each school, including both improvement and achievement;
and
(3)
Performance measures and benchmarks for each school for evaluating improvement
and achievement and monitoring progress toward yearly performance
goals.
The
Office of Student Achievement shall submit recommendations on minimum
performance measures and benchmarks for evaluating improvement and achievement
and monitoring progress toward yearly performance goals to a local board of
education which is in the development of its strategic plan.
(b)
The proposed strategic plan shall incorporate, to the extent practicable, school
improvement plans in effect for schools in the local school system.
(c)
The department shall provide an electronic template accessible through the
Internet for local school systems to input their strategic plans. The template
shall be designed to include the information contained in subsection (a) of this
Code section.
(d)
Prior to the submission of a proposed strategic plan to the department, a local
board of education shall schedule and hold a public hearing for the purpose of
providing an opportunity for full discussion and public input on the strategic
plan, including formal, written comments or suggestions regarding the local
school system´s flexibility requests and performance goals and the
strategic plan´s impact on each school. The public hearing shall be
advertised in a local newspaper of general circulation which shall be the same
newspaper in which other legal announcements of the local board of education are
advertised.
(e)
The local school system shall submit the proposed strategic plan to the
department in accordance with time frames established by the department. The
department shall review the proposed strategic plan for adherence to the
requirements of this article.
(f)
The department shall appoint a peer review team to be assigned to the local
school system to work with them on perfecting their proposed strategic
plan.
(g)
The peer review team shall be appointed by the department and shall be composed
of three to five members which may include:
(1)
A local school superintendent;
(2)
A High Performance Principal, as designated pursuant to Code Section
20-2-214.1;
(3)
A school finance expert;
(4)
A business or parent representative;
(5)
A system curriculum director;
(6)
A department staff member;
(7)
A teacher, with preference for a Master Teacher; or
(8)
Members with other relevant qualifications, as determined by the
department.
(h)
The chairperson of such peer review team, as designated by the department, and
department staff shall have an initial meeting to review the proposed strategic
plan and to discuss department recommendations, requirements, and guidelines.
The department shall distribute an electronic copy of the proposed strategic
plan to the members of the peer review team. The department shall provide
training for the members of the peer review team relating to their duties and
responsibilities as well as department requirements and guidelines for strategic
plans.
(i)
The chairperson of such peer review team shall have an initial meeting with the
local school superintendent of the school system which submitted the proposed
strategic plan to discuss the process and procedures which shall be used to
review and revise such strategic plan.
(j)
Such peer review team shall conduct a one or two-day meeting at the local school
system which shall include:
(1)
An orientation and instruction session for the peer review team;
(2)
A presentation by the local school system on their proposed strategic plan,
which shall include school administrators from the lowest and highest performing
schools in the school system;
(3)
Discussion on goals, plans, and flexibility requests, if applicable;
and
(4)
Recommendations from the peer review team on revisions to the proposed strategic
plan.
(k)
The Office of Student Achievement and the peer review team shall advise and work
with the local board of education on appropriate measures and
benchmarks.
(l)
Once the strategic plan has been finalized and prior to the submission of the
plan to the state board for approval, a local board of education shall schedule
and hold a public information meeting for the purpose of providing notice of the
final proposed strategic plan to be submitted to the state board for approval.
The public information meeting shall be advertised in a local newspaper of
general circulation which shall be the same newspaper in which other legal
announcements of the local board of education are advertised.
20-2-82.
(a)
The peer review team appointed pursuant to subsection (f) of Code Section
20-2-81 shall make a recommendation to the state board on the proposed strategic
plan provided for in subsection (a) of Code Section 20-2-81 regarding whether
the plan should be approved by the state board.
(b)(1)
The state board shall have the authority to approve or deny approval of a
proposed strategic plan but shall give all due consideration to the
recommendation and input from the peer review team.
(2)
In the event that the state board denies approval of a proposed strategic plan,
the local board of education shall work with the peer review team for further
revisions and resubmission to the state board. If revisions are made, the local
board of education shall conduct a public hearing prior to resubmission to the
state board, which shall be advertised in the same manner as described in
subsection (d) of Code Section 20-2-81. Upon final approval of a strategic plan,
the peer review team shall be disbanded.
(c)
The state board shall be authorized to approve a waiver or variance request of
specifically identified state rules, regulations, policies, and procedures or
provisions of this chapter upon the inclusion of such request in the local
school system´s proposed strategic plan and in accordance with subsection
(b) of Code Section 20-2-83. The goal for each waiver and variance shall be
improvement of student performance. The state board shall not be authorized to
waive or approve variances on any 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; the prevention of unlawful conduct; any laws
relating to unlawful conduct in or near a public school; or any reporting
requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A
local school system that has received a waiver or variance shall remain subject
to the provisions of Part 3 of Article 2 of Chapter 14 of this title, 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 shall remain
open to enrollment in the same manner as before the waiver request.
(d)
For a local school system which does not request flexibility pursuant to this
article, the Office of Student Achievement shall incorporate such local school
system´s strategic plan into such local school system´s existing
accountability profile.
(e)
Each local school system shall update its strategic plan every five years in
accordance with the same procedures and requirements contained in Code Section
20-2-81 for initial strategic plans.
20-2-83.
(a)
Upon approval of a strategic plan of a local school system which has requested
flexibility, the state board shall enter into a contract with such local school
system which shall incorporate the strategic plan.
(b)
The terms of the contract shall include, but not be limited to, accountability,
flexibility, and consequences components in accordance with Code Section
20-2-84.
(c)
The state board shall ensure that the flexibility requested by a local school
system pursuant to subsection (b) of Code Section 20-2-84 shall result in
consequences in accordance with subsection (c) of Code Section 20-2-84 and Code
Section 20-2-84.1 for noncompliance with the accountability requirements
established pursuant to subsection (a) of Code Section 20-2-84.
(d)
Each contract shall be for a term of five years. The terms of the contract
shall provide for automatic extension of such contract if a local school system
is in noncompliance with its accountability requirements.
(e)
The terms of a contract may be amended during the term of the contract upon
approval of the state board and the local board of education.
20-2-84.
(a)
The accountability component of the contract provided in Code Section 20-2-83
shall include one or more of the following student achievement measures,
including both total scores and any needed targeted subgroups:
(1)
High school graduation rates;
(2)
SAT or ACT performance;
(3)
State standardized test data, which may include criterion-referenced competency
tests, the Georgia High School Graduation Test, end-of-course assessments, or a
combination thereof;
(4)
Advanced placement or international baccalaureate participation and performance;
and
(5)
Any other accountability measures included pursuant to Part 3 of Article 2 of
Chapter 14 of this title.
(b)
The flexibility component of the contract provided in Code Section 20-2-83 shall
include the waiver or variance of any one or more of the following areas as
requested by the local school system and as approved by the state board in the
local school system´s strategic plan:
(1)
Class size requirements in Code Section 20-2-182;
(2)
Expenditure controls in Code Section 20-2-171 and categorical allotment
requirements in Article 6 of this chapter;
(3)
Certification requirements in Code Section 20-2-200;
(4)
Salary schedule requirements in Code Section 20-2-212;
(5)
State curriculum requirements established pursuant to Code Sections 20-2-140,
20-2-142, 20-2-143, 20-2-144, and 20-2-145; and
(6)
Any other requirements or provisions of this chapter as identified by the local
school system and approved by the state board in the local school system´s
strategic plan except as provided in subsection (c) of Code Section
20-2-82.
(c)
The consequences component of the contract provided in Code Section 20-2-83
shall include:
(1)
Interventions or sanctions for failure to meet identified levels of achievement
or for not showing specified levels of progress pursuant to Code Section
20-14-41, which may be accelerated; and
(2)
Loss of governance of one or more nonperforming schools by the local school
system in accordance with Code Section 20-2-84.1.
Consequences
shall be incurred upon noncompliance of a local school system with the
accountability component of its contract.
20-2-84.1.
(a)
The State Board of Education shall, as provided for in the contract entered into
with a local school system pursuant to Code Section 20-2-83, mandate the loss of
governance of one or more of its nonperforming schools as a consequence of
failure pursuant to paragraph (2) of subsection (c) of Code Section 20-2-84.
Such loss of governance may include, but shall not be limited to:
(1)
Conversion of a school to charter status;
(2)
Operation of a school by a successful school system, as defined by the Office of
Student Achievement; or
(3)
Operation of a school by a private entity, nonprofit or for profit, pursuant to
a request for proposals issued by the department.
(b)(1)
For waivers pursuant to paragraph (1) of subsection (b) of Code Section 20-2-84,
loss of governance shall be invoked upon the third consecutive year of
noncompliance.
(2)
For waivers pursuant to paragraphs (2) or (3) of subsection (b) of Code Section
20-2-84, loss of governance shall be invoked upon the fourth consecutive year of
noncompliance.
(3)
For waivers pursuant to paragraphs (4), (5), or (6) of subsection (b) of Code
Section 20-2-84, loss of governance shall be invoked upon the fifth consecutive
year of noncompliance.
(4)
In the event a local school system has multiple waivers, the most stringent time
frame associated with its waiver pursuant to this subsection relating to loss of
governance shall apply.
20-2-84.2.
(a)
The Office of Student Achievement shall revise the single state-wide
accountability system established pursuant to paragraph (1) of subsection (a) of
Code Section 20-14-26 for submission to the state board for approval to
integrate the requirements of this article, to the greatest extent practicable,
including, but not limited to, the loss of governance consequences provided for
in Code Section 20-2-84.1.
(b)
The Office of Student Achievement shall monitor each local school system´s
progress toward meeting its performance goals in its strategic plan and shall
the notify the department if a local school system is not in compliance with its
performance goals. The department shall provide support and guidance to school
systems not meeting their yearly progress goals.
20-2-84.3.
The
department shall determine a phase-in schedule for the implementation of this
article with respect to local school systems. For the 2008-2009 school year,
the department shall select no more than 15 local school systems to begin the
strategic plan process and shall phase in the remaining local school systems so
that all local school systems shall have a strategic plan in place by the
2015-2016 school year, except as otherwise provided for in Code Section
20-2-84.4.
20-2-84.4.
This
article shall not apply to a local school system which has become a charter
system pursuant to Code Section 20-2-2063.2 or which is in the process of
applying to become a charter system.
20-2-84.5.
The
State Board of Education shall be authorized to establish rules, regulations,
and guidelines to effect the implementation of this article."
SECTION
2.
Said
chapter is further amended by revising Code Section 20-2-101, relating to
appointment of local school superintendents, as follows:
"20-2-101.
(a)
Superintendents of each school system shall be employed by the local board of
education under written contracts for a term of not less than one year and not
more than three years. Any provision of any such contract which provides for an
extension of the duration of employment thereunder, whether automatic or
contingent upon the occurrence of one or more events, shall be void if that
extension would result in employment under the contract, as
so
extended, for a period which exceeds three years.
Those
provisions of any local Act which authorize employment contracts with a school
superintendent which are of a duration which exceeds that authorized by this
subsection, which local Act became effective before, at the time of, or after
April 15, 1993, are repealed. Any contract entered into pursuant to the
provisions of a local Act repealed by the terms of the preceding sentence of
this subsection shall not be affected by such repeal for the duration of that
contract as specified immediately before April 15, 1993, as long as that
contract was valid at such time.
(b)
No person shall be eligible to be appointed or employed as superintendent of
schools of any county or independent school system unless such person is of good
moral character, has never been convicted of any crime involving moral
turpitude, and possesses acceptable business or management experience as
specified by the Professional Standards Commission or the minimum valid
certificate or a letter of eligibility for said certificate required by the
Professional Standards Commission.
(c)
Superintendents shall have such additional qualifications as may be prescribed
by local law or policies of the local board for that school district, not
inconsistent with the provisions of this chapter.
(d)
This Code
section shall not apply to any elected school superintendent in office on
January 1, 1993, during the term of office for which that person was
elected.
(e)
At any time during the 12 months immediately preceding the expiration of an
appointed
or
elected school superintendent´s
contract or term of office, or when a vacancy in the office of school
superintendent occurs, the local board may appoint and employ a successor in
accordance with the above provisions of this Code section, notwithstanding that
the terms of some or all of the board members will expire before the employment
of the superintendent so appointed and employed begins.
Where a
local board of education decides to appoint and employ the incumbent elected
superintendent of the school district as the superintendent for a term beginning
during 1996 or thereafter, or to renew the contract of any appointed
superintendent, the board shall not be required to comply with the notice and
announcement provisions of subsection (d) of Code Section 20-2-211 or any local
policy adopted pursuant thereto.
(e)
A local school superintendent may concurrently serve as a principal, teacher, or
in another staff position as directed by the local board in its sole discretion
and in accordance with the terms of the contract between the superintendent and
the local board. A local school superintendent may also serve concurrently as
superintendent of one or more local school systems in accordance with the terms
of his or her respective contracts and upon approval by each affected local
school system.
(f)
No substantive or procedural right regarding employment or termination of
employment of a superintendent by a local school system shall be created by this
Code section. Rather, the terms and conditions of employment of a school
superintendent by a local school system shall be determined exclusively by the
contract between those parties and may include, without being limited to, the
conditions under and procedures by which that contract may be terminated prior
to the end of the term of that contract."
SECTION
3.
Said
chapter is further amended by revising Code Section 20-2-244, relating to
waivers to improve student performance, as follows:
"20-2-244.
(a)
The State Board of Education is authorized to waive specifically identified
state rules, regulations, policies, and procedures, or provisions of this
chapter, upon the request of a local school board and in accordance with this
Code section. The goal for each waiver shall be improvement of student
performance.
(b)
The State Board of Education is not authorized to waive any 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; the prevention of
unlawful conduct; any laws relating to unlawful conduct in or near a public
school; or any reporting requirements pursuant to Code Section 20-2-320 or
Chapter 14 of this title. A school or school system that has received a waiver
shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of
this title, 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 shall remain open to enrollment in the same manner as before the waiver
request.
(c)
The provisions of this Code section shall not apply to charter
schools.
(d)
The board shall require a written application for a waiver that shall include,
as
at
a minimum:
(1)
Identification of the specific state rules, regulations, policies, and
procedures, or provisions of this chapter that are requested for
waiver;
(2)
A description of the policies and procedures the school or school system shall
substitute for the waived state rules, regulations, policies, and procedures, or
provisions;
(3)
A description of how the proposed waiver will improve student
performance;
(4)
A description of the students who will be affected by the proposed waiver,
including their estimated number, current performance, grade level, and any
common demographic traits;
(5)
A list of schools by name that will be affected by the proposed waiver, and a
description of each school, including current performance, grade levels, and
demographic traits of the students of each such school;
(6)
Methods for collection of data, and for measuring and evaluating any change in
student performance resulting from the proposed waiver;
(7)
The period of time for which the proposed waiver is requested and the proposed
starting date; and
(8)
A resolution from the local school board approving the waiver
request.
(e)
The State Board of Education may grant or deny a waiver request, or grant a
waiver request subject to specified modifications in the waiver
request.
(f)
A waiver may be granted in accordance with this Code section for any period of
time not to exceed five years. The State Board of Education shall require
reports regarding the effect of the waiver at least annually, and may require
more frequent reports if necessary to monitor the effect of the waiver
effectively. The State Board of Education shall report annually to the General
Assembly regarding the waivers granted, the effect of each waiver, and any
recommendations for legislative changes generated by successful
waivers.
(g)
On and after July 1, 2008, the State Board of Education shall not authorize any
waivers or variances pursuant to this Code section to any local school system
for the following:
(1)
Class size requirements in Code Section 20-2-182; provided, however, that the
state board shall be authorized to waive class sizes pursuant to this Code
section in the event that a local school system can demonstrate a hardship
pursuant to a waiver request;
(2)
Expenditure controls in Code Section 20-2-171 and categorical allotment
requirements in Article 6 of this chapter;
(3)
Certification requirements in Code Section 20-2-200;
(4)
Salary schedule requirements in Code Section 20-2-212; and
(5)
State curriculum requirements established pursuant to Code Sections 20-2-140,
20-2-142, 20-2-143, 20-2-144, and 20-2-145.
A
local school system which has received a waiver or variance pursuant to this
Code section prior to establishing a strategic plan pursuant to Article 4 of
this chapter shall be required to include such waiver or variance in its
strategic plan."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.