HB 149 - Alternative Schools and Reeducation Act; enact
Georgia House of Representatives - 1995/1996 Sessions
HB 149 - Alternative Schools and Reeducation Act; enact
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7
1. Lakly 105th 2. Brown 117th 3. McKinney 51st
4. Culbreth 132nd 5. Dix 76th
House Comm: Ed / Senate Comm: /
House Vote: Yeas Nays Senate Vote: Yeas Nays
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House Action Senate
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1/11/95 Read 1st Time
1/12/95 Read 2nd Time
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Code Sections amended: 20-2-159.1, 20-2-159.2, 20-2-159.3, 20-2-159.4,
20-2-159.5, 20-2-159.6, 20-2-159.7
HB 149 LC 23 0170
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Part 3 of Article 6 of Chapter 2 of Title 20 of the
1- 2 Official Code of Georgia Annotated, relating to educational
1- 3 programs and quality basic education, so as to provide for a
1- 4 short title; to provide for legislative intent; to provide
1- 5 for certain definitions; to provide for the creation of
1- 6 alternative schools by the State Department of Education; to
1- 7 provide for the use of funds appropriated by the General
1- 8 Assembly; to provide for Department of Education regulations
1- 9 for teachers and other personnel; to provide for teachers'
1-10 salaries; to provide for eligibility for enrollment in
1-11 alternative schools; to provide for authority to order
1-12 certain persons to be enrolled in alternative schools; to
1-13 amend Article 1 of Chapter 11 of Title 15 of the Official
1-14 Code of Georgia Annotated, relating to juvenile proceedings,
1-15 so as to provide for disposition of a delinquent child to an
1-16 alternative school; to provide for other related matters; to
1-17 repeal conflicting laws; and for other purposes.
1-18 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-19 Part 3 of Article 6 of Chapter 2 of Title 20 of the Official
1-20 Code of Georgia Annotated, relating to educational programs
1-21 and quality basic education, is amended by designating the
1-22 existing Code sections of said part as Subpart 1 and adding
1-23 to the end thereof a new Subpart 2 to read as follows:
"Subpart 2
1-24 20-2-159.1. (Index)
1-25 This subpart shall be known and may be cited as the
1-26 'Georgia Alternative Schools and Reeducation Act.'
1-27 20-2-159.2. (Index)
1-28 The General Assembly recognizes that there exist serious
1-29 areas of concern with respect to the educational
1-30 deficiencies of certain juveniles determined to be
1-31 disruptive or unruly or who have otherwise been found by a
-1- (Index)
LC 23 0170
2- 1 court to have committed a nonviolent juvenile offense.
2- 2 The General Assembly further recognizes that an emphasis
2- 3 on eliminating these educational deficiencies would
2- 4 substantially reduce the instance of juvenile offenses.
2- 5 The General Assembly therefore declares that the purpose
2- 6 of this subpart is to authorize and establish alternative
2- 7 schools designed and operated especially to enhance the
2- 8 educability of all children and youth.
2- 9 20-2-159.3. (Index)
2-10 (a) As used in this subpart, the term:
2-11 (1) 'Court' or 'juvenile court' means the court
2-12 exercising jurisdiction over juvenile matters.
2-13 (2) 'Department' means the State Department of
2-14 Education.
2-15 (3) 'Disruptive' or 'disruptive conduct' means any act
2-16 or series of acts by any juvenile which result in the
2-17 disturbance or interruption of a school or school
2-18 system's orderly administration of educational services.
2-19 (4) 'Juvenile' means any person aged 13 years to 19
2-20 years.
2-21 (5) 'Juvenile offenses' means any nonviolent act or acts
2-22 committed by a juvenile for which the juvenile, state,
2-23 or superior courts of Georgia would have jurisdiction as
2-24 defined in Title 15.
2-25 (6) 'Nonviolent' means any act committed where injury to
2-26 a person or damage to property does not result.
2-27 (7) 'Unruly' or 'unruly conduct' means disruptive
2-28 conduct which would, absent intervention, likely result
2-29 in injury to other persons or damage to property.
2-30 (b) Pursuant to Article VIII, Section V, Paragraph VII of
2-31 the Constitution, the General Assembly authorizes the
2-32 department to create and establish special alternative
2-33 schools in areas the department may from time to time
2-34 determine as needful of such schools, provided that the
2-35 initial sites for such alternative schools shall be and
2-36 continue to exist in the regions of the Cities of Atlanta,
2-37 Macon, and Savannah until such time as the General
2-38 Assembly may otherwise determine. Such schools shall be
2-39 operated in conformity with the regulations of the State
2-40 Board of Education.
-2- (Index)
LC 23 0170
3- 1 (c) The department is authorized and directed to acquire
3- 2 and maintain facilities adequate to operate alternative
3- 3 schools to the extent feasible, including but not limited
3- 4 to military base surplus barracks, military mess halls, or
3- 5 other buildings, facilities, or premises owned by the
3- 6 state which may be converted in a cost-effective and
3- 7 secure manner. The department may contract with private
3- 8 educational enterprises for purposes consistent with this
3- 9 subpart.
3-10 (d) The department is authorized to use funds appropriated
3-11 for alternative programs for the acquisition and operation
3-12 of schools created pursuant to subsection (b) of this Code
3-13 section.
3-14 20-2-159.4. (Index)
3-15 (a) The department shall by regulation determine the
3-16 personnel required to operate schools created pursuant to
3-17 subsection (b) of Code Section 20-2-159.3. The department
3-18 shall by regulation further determine the qualifications,
3-19 procedure, and conditions of employment in such schools,
3-20 provided that such qualifications, procedures, and
3-21 conditions of employment for teachers are prescribed
3-22 pursuant to subsection (b) of this Code section.
3-23 (b) Notwithstanding the provisions of subsection (a) of
3-24 this Code section, the department shall determine the
3-25 qualifications of teachers employed or assigned to schools
3-26 created pursuant to subsection (b) of Code Section
3-27 20-2-159.3. The certification of such teachers shall
3-28 follow the procedures outlined in Code Section 20-2-200.
3-29 Teachers employed or assigned to schools created pursuant
3-30 to subsection (b) of Code Section 20-2-159.3 shall be
3-31 compensated in accordance with salary schedules
3-32 established by the State Board of Education pursuant to
3-33 Code Section 20-2-212.
3-34 20-2-159.5. (Index)
3-35 (a) Any person aged 13 to 19 years who has been determined
3-36 by the appropriate authority to be disruptive or unruly or
3-37 who has been found by a court to have committed a
3-38 nonviolent juvenile offense shall be considered eligible
3-39 to be enrolled in alternative schools. The department
3-40 shall determine the procedures for the enrollment of any
3-41 such person described in this subsection and shall certify
3-42 the enrollment of such person.
-3- (Index)
LC 23 0170
4- 1 (b) The following persons or agencies shall be considered
4- 2 appropriate authorities to order that a juvenile be
4- 3 enrolled in an alternative school:
4- 4 (1) Judges of the juvenile courts of Georgia;
4- 5 (2) Judges of the state courts of Georgia;
4- 6 (3) Judges of the superior courts of Georgia; and
4- 7 (4) Local boards of education, provided that any such
4- 8 board's order results from a review panel consisting of
4- 9 the principal of the school in which the juvenile is
4-10 presently enrolled, a teacher of the school in which the
4-11 juvenile is presently enrolled, and the parent or legal
4-12 guardian of the juvenile.
4-13 (c) Any juvenile ordered to be enrolled in an alternative
4-14 school pursuant to subsection (a) of this Code section
4-15 shall be enrolled for a minimum one-year period, unless
4-16 otherwise ordered by appropriate authority; provided,
4-17 however, that such order does not exceed two years.
4-18 20-2-159.6. (Index)
4-19 The department is authorized to determine the structure
4-20 and regimen of alternative schools. Such structure shall
4-21 include but not be limited to the quality instruction of
4-22 basic mathematics, elementary English, reading, and other
4-23 academic courses the department may determine necessary
4-24 and appropriate; job training and instruction including
4-25 but not limited to small equipment operations, food
4-26 preparation and food service, landscaping, roofing, or
4-27 window repair; and mandatory daily homework in the
4-28 academic areas offered.
4-29 20-2-159.7. (Index)
4-30 (a) Upon the successful completion of an alternative
4-31 school program by any juvenile, the appropriate authority
4-32 having ordered such juvenile to be enrolled in the
4-33 alternative school shall, upon the advice and consent of
4-34 the alternative school in which the juvenile was enrolled,
4-35 order that such juvenile be returned to the local school
4-36 district at the appropriate grade level.
4-37 (b) The provisions of subsection (a) of this Code section
4-38 notwithstanding, upon the successful completion of an
4-39 alternative school program by any juvenile, the
4-40 appropriate authority having ordered such juvenile to be
4-41 enrolled in the alternative school program may, upon the
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LC 23 0170
5- 1 advice and consent of the alternative school in which the
5- 2 juvenile was enrolled, order that such juvenile be placed
5- 3 in an approved apprenticeship program as provided in
5- 4 subsection (c) of this Code section.
5- 5 (c) There shall be an apprenticeship program as approved
5- 6 by the department. The providers, public or private,
5- 7 shall hire and train juveniles recommended pursuant to
5- 8 subsection (b) of this Code section. The apprenticeship
5- 9 program shall provide for each juvenile in the program a
5-10 basic weekly allowance for necessities with any remaining
5-11 earnings to be placed into an interest-bearing savings
5-12 account. Such savings shall be released to the juvenile
sed d ad r d b@ d b@ d Z b@ d b@ d ( b@ d b@ d
5-14 provided that such juvenile's participation in the
5-15 apprenticeship program does not exceed three years. Any
5-16 juvenile ordered to be enrolled in an apprenticeship
5-17 program shall, in addition to other requirements of the
5-18 apprenticeship program, attain a general educational
5-19 development (GED) equivalency diploma."
SECTION 2.
5-20 Article 1 of Chapter 11 of Title 15 of the Official Code of
5-21 Georgia Annotated, relating to juvenile proceedings, is
5-22 amended by striking subsection (a) of Code Section 15-11-35,
5-23 relating to the disposition of a delinquent child, and
5-24 inserting in its place a new subsection (a) to read as
5-25 follows:
5-26 "(a) At the conclusion of the adjudicatory hearing, if the
5-27 child is found to have committed a delinquent act and is
5-28 subsequently determined to be in need of treatment or
5-29 rehabilitation, the court may make any of the following
5-30 orders of disposition best suited to his or her treatment,
5-31 rehabilitation, and welfare:
5-32 (1) Any order authorized by Code Section 15-11-34 for
5-33 the disposition of a deprived child;
5-34 (2) An order placing the child on probation under
5-35 conditions and limitations the court prescribes, under
5-36 the supervision of:
5-37 (A) The probation officer of the court or the court of
5-38 another state as provided in Code Section 15-11-46;
5-39 (B) Any public agency authorized by law to receive and
5-40 provide care for the child; or
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LC 23 0170
6- 1 (C) The chief executive officer of any community
6- 2 rehabilitation center acknowledging in writing his the
6- 3 chief executive officer's willingness to accept the
6- 4 responsibility for the supervision of the child;
6- 5 (3) An order placing the child in an institution, camp,
6- 6 or other facility for delinquent children operated under
6- 7 the direction of the court or other local public
6- 8 authority;
6- 9 (4) An order committing the child to the Department of
6-10 Children and Youth Services;
6-11 (5) An order requiring that the child make such
6-12 restitution as defined in paragraph (7) of Code Section
6-13 17-14-2. Such order may remain in force and effect
6-14 simultaneously with any other order of the court,
6-15 including, but not limited to, an order of commitment to
6-16 the Department of Children and Youth Services. While an
6-17 order requiring restitution is in effect, the
6-18 enforcement thereof may be transferred to the Department
6-19 of Children and Youth Services. In the event that the
6-20 child changes his or her place of residence while the
6-21 order is still in effect, the court may transfer
6-22 enforcement of its order to the juvenile court of the
6-23 county of the child's residence and its probation staff;
6-24 however, no order of restitution shall be enforced while
6-25 such child is in placement at a youth development center
6-26 unless the commissioner of children and youth services
6-27 certifies that a restitution program is available at
6-28 such facility. Payment of funds under this paragraph
6-29 shall be made by the child or his or her family or
6-30 employer directly to the clerk of the juvenile court
6-31 entering the order or another employee of that court
6-32 designated by the judge, and that court shall disburse
6-33 such funds in the manner authorized in the order;
6-34 (6) An order requiring that the child perform community
6-35 service in a manner prescribed by the court and under
6-36 the supervision of an individual designated by the
6-37 court; or
6-38 (7) An order requiring the child to remit to the general
6-39 fund of the county a sum not to exceed the maximum
6-40 applicable to an adult for commission of any of the
6-41 following offenses: homicide by vehicle, manslaughter
6-42 resulting from the operation of a motor vehicle, any
6-43 felony in the commission of which a motor vehicle is
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LC 23 0170
7- 1 used, hit and run or leaving the scene of an accident,
7- 2 racing on highways or streets, using a motor vehicle in
7- 3 fleeing or attempting to elude an officer, fraudulent or
7- 4 fictitious use of a license, driving under the influence
7- 5 of alcohol or drugs, possession of controlled substances
7- 6 or marijuana, driving without proof of minimum required
7- 7 motor vehicle insurance, or any violation of the Code
7- 8 sections contained in Title 40 which is properly
7- 9 adjudicated as a delinquent act.; or
7-10 (8) An order requiring the child to be enrolled in an
7-11 alternative school as provided in Code Section
7-12 20-2-159.5."
SECTION 3.
7-13 All laws and parts of laws in conflict with this Act are
7-14 repealed.
-7- (Index)
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Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97