07
SB123/AP
Senate
Bill 123
By:
Senators Rogers of the 21st, Shafer of the 48th, Hawkins of the 49th, Hill of
the 32nd, Schaefer of the 50th and others
AS PASSED
AS PASSED
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 requirements for
placement of students in classrooms; to require that twins or other multiples
are placed in the same classroom if the parent or guardian requests; to provide
that each local board of education may set maximum class sizes for high school
general education programs under certain conditions; 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 Code section to read as
follows:
"20-2-71.
(a)
For purposes of this Code section, the term 'higher order multiples' means
triplets, quadruplets, quintuplets, or more.
(b)
A school must place twins or higher order multiples from the same family
together in the same classroom if the children are in the same grade level at
the same school and meet the eligibility requirements of the class, and the
children´s parent or legal guardian requests the placement, unless factual
performance evidence shows proof that these specific students should be
separated. The parent or guardian must request the classroom placement no later
than 5 days before the first day of each school year or 5 days after the first
day of attendance of the children during a school year if the children are
enrolled in the school after the school year commences."
SECTION
2.
Said
chapter is further amended in Code Section 20-2-182, relating to program
weights, maximum class size, and reporting requirements, by revising paragraph
(2) of subsection (i) as follows:
"(2)
The State Board of Education shall adopt for each instructional program
authorized pursuant to Part 3 of this article except those programs included in
paragraph (1) of this subsection the maximum number of students which may be
taught by a teacher in an instructional period. For the remedial education,
vocational laboratory, alternative education, and early intervention programs,
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,
unless specifically authorized by the State Board of Education; 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 covered under this
paragraph, 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; provided, however, that this provision
shall not apply to general education programs in mathematics, science, social
studies, and language arts for grades 9 through 12. Beginning with the
2007-2008 school year, each local board of education shall be allowed to exceed
maximum class sizes set by the state board pursuant to this paragraph for
general education programs in mathematics, science, social studies, and language
arts for grades 9 through 12 and may establish such maximum class sizes that
shall not exceed the funding class size by more than 39 percent and shall
annually report to the state board and to each school council in its school
system such class sizes established. For a period not to exceed 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, except for those programs included in paragraph (1) of this subsection
beginning with the 2006-2007 school year. 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 an amount so
that, beginning with the 2007-2008 school year, State Board of Education rules
are in compliance with this subsection; provided, however, that this shall not
apply to the programs included in paragraph (1) of this subsection beginning
with the 2006-2007 school year."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.