Georgia House of Representatives - 1995/1996 Sessions

HB 154 - Teacher; redefine; school administrator; define

Page Numbers - 1/ 2/ 3/ 4

1. Smith  175th           2. Polak  67th             3. Murphy  18th
4. Martin  47th           5. Godbee  145th           6. Lane  146th


House Comm: Ed         /                Senate Comm: Ed         /               
House Vote: Yeas 130   Nays 40          Senate Vote: Yeas 48  Nays 2            
              ----------------------------------------                          
               House          Action         Senate                             
              ----------------------------------------                          
              1/11/95  Read 1st Time         2/22/95                            
              1/12/95  Read 2nd Time         3/13/95                            
              2/15/95  Favorably Reported    3/13/95                            
              Sub      Committee Amend/Sub   Sub                                
              2/21/95  Read 3rd Time         3/14/95                            
              2/21/95  Passed/Adopted        3/14/95                            
              CS       Comm/Floor Amend/Sub  CSFA                               
              3/15/95  Amend/Sub Disagreed To                                   
              3/15/95  Insists               3/15/95                            
              3/15/95  Conf Comm Appointed   3/15/95                            
              3/17/95  Conf Comm Rep Adopted 3/17/95                            
              3/29/95  Sent to Governor                                         
              4/7/95   Signed by Governor                                       
              249      Act/Veto Number                                          
              4/7/95   Effective Date                                           
              ----------------------------------------                          
Immediately Transmitted to the Senate                                           
                                                                                
Code Sections amended: 20-2-942, 20-2-230                                       


HB 154                                             HB 154/AP

      H. B. No. 154 (AS PASSED HOUSE AND SENATE)
      By:  Representatives Smith of the 175th, Polak of the 67th,
      Murphy of the 18th, Martin of the 47th, Godbee of the 145th
      and others

                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 20-2-942 of the Official Code of
  1- 2  Georgia Annotated, relating to nonrenewal of teacher
  1- 3  contracts, so as to change definitions; to limit certain
  1- 4  rights of school administrators; to provide for contracts
  1- 5  and policies; to amend Code Section 20-2-230 of the Official
  1- 6  Code of Georgia Annotated, relating to training for members
  1- 7  of local boards of education, so as to change the provisions
  1- 8  relating to the entities conducting training workshops; to
  1- 9  provide an effective date; to repeal conflicting laws; and
  1-10  for other purposes.

  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-12  Code Section 20-2-942 of the Official Code of Georgia
  1-13  Annotated, relating to nonrenewal of teacher contracts, is
  1-14  amended by adding after paragraph (1) of subsection (a)
  1-15  thereof the following:

  1-16      "(1.1) 'School administrator' means any professional
  1-17      school employee certificated by the Professional
  1-18      Standards Commission who is required to hold a
  1-19      leadership certificate and is assigned to a leadership
  1-20      position pursuant to rules of the State Board of
  1-21      Education, Department of Education, Professional
  1-22      Standards Commission, or requirements of local policy or
  1-23      job description."

                         SECTION 2.

  1-24  Said Code section is further amended by striking paragraph
  1-25  (4) of subsection (a) thereof and inserting in its place the
  1-26  following:

  1-27      "(4) 'Teacher' means any professional school employee
  1-28      certificated by the Professional Standards Commission,
  1-29      but not including school administrators."




                             H. B. No. 154
                                 -1- (Index)

                                                   HB 154/AP

                         SECTION 3.

  2- 1  Said Code section is further amended by adding at the end
  2- 2  thereof the following:

  2- 3      "(c)(1) A person who first becomes a school
  2- 4      administrator on or after the date this subsection first
  2- 5      becomes effective shall not acquire any rights under
  2- 6      this Code section to continued employment with respect
  2- 7      to any position of school administrator.  A school
  2- 8      administrator who had acquired any rights to continued
  2- 9      employment under this Code section prior to the date
  2-10      this subsection first becomes effective shall retain
  2-11      such rights:

  2-12        (A) In that administrative position which such
  2-13        administrator held immediately prior to such date; and

  2-14        (B) In any other administrative position to which such
  2-15        administrator has been involuntarily transferred or
  2-16        assigned,

  2-17      and only in such positions shall such administrator be
  2-18      deemed to be a teacher for the purpose of retaining
  2-19      those rights to continued employment in such
  2-20      administrative positions.

  2-21      (2) A teacher who had acquired any rights to continued
  2-22      employment under this Code section prior to the date
  2-23      this subsection first becomes effective and who is or
  2-24      becomes a school administrator without any break in
  2-25      employment with the local board for which the person had
  2-26      been a teacher shall retain those rights under this Code
  2-27      section to continued employment in the position as
  2-28      teacher with such local board.

  2-29      (2.1) A local board of education may enter into an
  2-30      employment contract with a school administrator for a
  2-31      term not to exceed three years.  During the term of any
  2-32      such contract, that school administrator may not be
  2-33      demoted except as provided in the other subsections of
  2-34      this Code section and may not be terminated or suspended
  2-35      except as provided in Code Section 20-2-940, but the
  2-36      school administrator shall have no right to renewal of
  2-37      such contract.  The rights provided under such contracts
  2-38      by this paragraph shall be in addition to any rights
  2-39      which a school administrator may otherwise have under
  2-40      the other provisions of this subsection.



                             H. B. No. 154
                                 -2- (Index)

                                                   HB 154/AP

  3- 1      (3) Nothing in this subsection shall affect positions
  3- 2      which, prior to the date this subsection first becomes
  3- 3      effective, had no rights to continued employment under
  3- 4      this Code section, including coach, athletic director,
  3- 5      finance officer, comptroller, business manager, nurse,
  3- 6      department head or chairperson, and similar positions.
  3- 7      Nothing in this subsection shall impair the rights of
  3- 8      teachers or school administrators with respect to their
  3- 9      employment under annual contracts, including but not
  3-10      limited to those rights under Code Section 20-2-940.

  3-11      (4) Notwithstanding the other provisions of this
  3-12      subsection, a local board of education may, as part of
  3-13      its personnel policies, adopt or modify a tenure policy
  3-14      which may include the same policies and procedures for
  3-15      the nonrenewal of contracts for any class or category of
  3-16      school administrators that exist for the nonrenewal of
  3-17      contracts for teachers as set forth in this Code
  3-18      section.  Before any adoption or modification of a
  3-19      tenure policy, the local board shall hold a public
  3-20      hearing after at least 30 days' notice published in the
  3-21      local legal organ."

                         SECTION 4.

  3-22  Code Section 20-2-230 of the Official Code of Georgia
  3-23  Annotated, relating to training for members of local boards
  3-24  of education, is amended by striking subsection (b) thereof
  3-25  and inserting in its place the following:

  3-26    "(b) All new members of governing boards of local units of
  3-27    administration shall, before or within one year after
  3-28    assuming office, receive orientation to the educational
  3-29    program objectives of Georgia and instruction in school
  3-30    finance; school law, with special emphasis on the 'Quality
  3-31    Basic Education Act'; responsiveness to the community; the
  3-32    ethics, duties, and responsibilities of local governing
  3-33    board members; annual performance evaluation of the school
  3-34    superintendent and the local board of education; and such
  3-35    other topics as the State Board of Education may deem to
  3-36    be necessary.  All members of boards of local units of
  3-37    administration are required to participate in at least one
  3-38    day of training annually to ensure the effective
  3-39    management and operation of local units of administration.
  3-40    The Georgia Education Leadership Academy is authorized, in
  3-41    cooperation with the Georgia School Boards Association or
  3-42    other agencies or associations, to conduct workshops
  3-43    annually to provide such instruction and to present to

                             H. B. No. 154
                                 -3- (Index)

                                                   HB 154/AP

  4- 1    each board member completing such annual workshop for the
  4- 2    first time an appropriate certificate.  The Georgia
  4- 3    Education Leadership Academy shall adopt such procedures
  4- 4    as may be necessary to verify the attendance at such
  4- 5    annual workshops of veteran members of boards of local
  4- 6    units of administration. All boards of local units of
  4- 7    administration are authorized to pay such board members
  4- 8    the same per diem as authorized by local or general law
  4- 9    for attendance at regular or special meetings, as well as
  4-10    reimbursement of actual expenses for travel, lodging,
  4-11    meals, and registration fees for such workshops, either
  4-12    before or after such board members assume office."

                         SECTION 5.

  4-13  This Act shall become effective upon its approval by the
  4-14  Governor or upon its becoming law without such approval.

                         SECTION 6.

  4-15  All laws and parts of laws in conflict with this Act are
  4-16  repealed.



























                             H. B. No. 154
                                 -4- (Index)