08 LC 33 2629S
The
Senate Education and Youth Committee offered 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 provide for a local school system to remain under current
requirements; to provide for public input; to provide for submission of a
proposed contract; to provide for negotiations; to provide for a recommendation
by the Office of Student Achievement; to provide for state board approval; 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; 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 include 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, and such local
school system shall:
(1)
Conduct a public hearing for the purpose of providing public notice that such
local school system is opting for the status quo. 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; and
(2)
Sign a statement on a form provided by the state board that such local school
system is opting for the status quo.
20-2-81.
(a)
Each local school system which elects to request increased flexibility shall
clearly delineate in a proposed contract the following for measuring the
improvement of the performance of its schools:
(1)
Current performance data, grade levels, and demographic data for each school
within the school system;
(2)
Performance goals, including both improvement and achievement; and
(3)
Performance measures and benchmarks for evaluating improvement and achievement
and monitoring progress toward yearly performance goals.
(b)
Prior to the submission of such contract 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 proposed contract 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.
(c)
The local school system shall submit the proposed contract to the department in
accordance with time frames established by the department.
20-2-82.
(a)
The local school system and the department shall enter into negotiations on the
appropriate terms of the contract, including the accountability, flexibility,
and consequences components of the contract in accordance with Code Section
20-2-84, in consultation with the Office of Student Achievement.
(b)
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.
(c)
The department, in consultation with the Office of Student Achievement, shall
make a recommendation to the state board on whether the proposed terms of the
contract should be approved by the state board.
(d)(1)
The state board shall have the authority to approve or deny approval of the
proposed terms of the contract but shall give all due consideration to the
recommendation and input from the Office of Student Achievement.
(2)
In the event that the state board denies approval of the proposed terms of the
contract, the local board of education shall work with the department, in
consultation with the Office of Student Achievement, for further revisions and
resubmission to the state board.
(e)
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 request by a local school system in accordance
with subsection (b) of Code Section 20-2-84. 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.
20-2-83.
(a)
Upon approval of a local school system´s proposed contract, the state board
shall enter into such contract with the local school system.
(b)
The terms of the contract shall include, but not be limited to, accountability,
flexibility, and consequences components as negotiated pursuant to subsection
(a) of Code Section 20-2-82 and in accordance with Code Section
20-2-84.
(c)
Each contract shall be for a term of five years. The terms of the contract may
provide for automatic extension of such contract if a local school system has
met its accountability requirements.
(d)
The terms of a contract may be amended during the term of the contract only if
warranted due to unforeseen circumstances and 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 performance goals and measures in one or more of the following
student achievement categories, 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; and
(4)
Advanced placement or international baccalaureate participation and
performance.
(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:
(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; 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.
(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; provided, however, that if a local
school system has been in compliance with the accountability component of its
contract for at least three consecutive years, consequences shall not be invoked
upon the fifth year of the contract, and such school system may request an
extension of its contract and corresponding flexibility from the state
board.
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 shall include one or more of the following:
(1)
Conversion of a school to charter status with independent school level
governance and a governance board with strong parental involvement;
(2)
Operation of a school by a successful school system, as defined by the Office of
Student Achievement, and pursuant to funding criteria established by the state
board;
(3)
Operation of a school by a private entity, nonprofit or for profit, pursuant to
a request for proposals issued by the department; or
(4)
Providing the parents of the students in a nonperforming school with a
scholarship to attend another public or private school if they are accepted for
enrollment in that school in an amount equal to the state portion of funds
provided to the local school system on behalf of the student.
(b)
Loss of governance shall be invoked upon the fifth year of the contract if the
school system is in noncompliance as set out in the terms of the
contract.
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 contract 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.
(a)
No more than five local school systems in the first calendar year may enter into
a contract with the State Board of Education pursuant to this
article.
(b)
No later than June 30, 2013, each local school system shall either notify the
department of its intention to request increased flexibility pursuant to this
article or shall comply with subsection (b) of Code Section
20-2-80.
20-2-84.4.
The
department may offer other funding options for local school systems which choose
to enter into a contract pursuant to this article and may also offer other
funding options for charter systems.
20-2-84.5.
Except
as otherwise provided in Code Section 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.
20-2-84.6.
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 entering into a contract pursuant to Article 4 of this
chapter shall be required to include such waiver or variance in such
contract."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.