Georgia Senate - 1995/1996 Sessions

SB 228 - Cert. Incarcerated Youth - special school district

Page Numbers - 1/ 2

Code Sections - 42-2-5.1

1. Dean  31st             2. Ray  19th               3. Hill  4th


Senate Comm: Corr       /         House Comm: Ed         /                                          
Senate Vote: Yeas 49    Nays 4                                                                      
           ---------------------------------------------                                            
              Senate          Action          House                                                 
           ---------------------------------------------                                            
             1/30/95   Read 1st time          2/8/95                                                
             2/2/95    Favorably Reported                                                           
             2/3/95    Read 2nd Time          2/9/95                                                
             2/7/95    Read 3rd Time                                                                
             2/7/95    Passed/Adopted                                                               
           ---------------------------------------------                                            
                                                                                                    
Code Sections amended: 42-2-5.1                                                                     


SB 22895                                          LC 10 1105

      SENATE BILL 228

      By:  Senators Dean of the 31st, Ray of the 19th
           and Hill of the 4th

                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Chapter 2 of Title 42 of the Official Code of
  1- 2  Georgia Annotated, relating to the Board and Department of
  1- 3  Corrections, so as to authorize the creation of a special
  1- 4  school district for school age youth; to provide that the
  1- 5  commissioner of corrections shall serve as superintendent of
  1- 6  schools for such special school district; to provide that
  1- 7  the Board of Corrections shall serve as the board of
  1- 8  education and shall establish education standards for such
  1- 9  special school district; to provide that the board shall
  1-10  provide overall direction and maintain program approval
  1-11  authority of education programs for adult offenders; to
  1-12  authorize the board to enter into agreements with other
  1-13  educational organizations or agencies; to provide an
  1-14  effective date; to repeal conflicting laws; and for other
  1-15  purposes.

  1-16       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-17  Chapter 2 of Title 42 of the Official Code of Georgia
  1-18  Annotated, relating to the Board and Department of
  1-19  Corrections, is amended by adding between Code Sections
  1-20  42-2-5 and 42-2-6 a new Code Section 42-2-5.1 to read as
  1-21  follows:

  1-22    "42-2-5.1. (Index)

  1-23    (a) In order to provide education for any school age
  1-24    youths incarcerated within any facility of the Department
  1-25    of Corrections, the department shall be considered a
  1-26    special school district which shall be given the same
  1-27    funding consideration for federal funds that school
  1-28    districts within the state are given.  The special school
  1-29    district under the department shall have the powers,
  1-30    privileges, and authority exercised or capable of exercise
  1-31    by any other school district.  The schools within the
  1-32    special school district shall be under the control of the
  1-33    commissioner, who shall serve as the superintendent of


                             S. B. 228
                                 -1- (Index)

                                                  LC 10 1105

  2- 1    schools for such district.  The Board of Corrections shall
  2- 2    serve as the board of education for such district.  The
  2- 3    board, acting alone or in cooperation with the State Board
  2- 4    of Education, shall establish education standards for the
  2- 5    district.  As far as is practicable, such standards shall
  2- 6    adhere to the standards adopted by the State Board of
  2- 7    Education for the education of school age youth, while
  2- 8    taking into account:

  2- 9      (1) The overriding security needs of correctional
  2-10      institutions and other restrictions inherent to the
  2-11      nature of correctional facilities;

  2-12      (2) The effect of limited funding on the capability of
  2-13      the Department of Corrections to meet certain school
  2-14      standards; and

  2-15      (3) Existing juvenile education standards of the
  2-16      Correctional Education Association and the American
  2-17      Correctional Association, which shall be given primary
  2-18      consideration where any conflicts arise.

  2-19    (b) The Board of Corrections, acting alone or in
  2-20    cooperation with the State Board of Technical and Adult
  2-21    Education or other relevant education agencies, shall
  2-22    provide overall direction of educational programs for
  2-23    adult offenders in the correctional system and shall
  2-24    exercise program approval authority.  The board may enter
  2-25    into written agreements with other educational
  2-26    organizations and agencies in order to provide adult
  2-27    offenders with such education and employment skills most
  2-28    likely to encourage gainful employment and discourage
  2-29    return to criminal activity upon release.  The board may
  2-30    also enter into agreements with other educational
  2-31    organizations and agencies to attain program certification
  2-32    for its vocational and technical education programs."

                         SECTION 2.

  2-33  This Act shall become effective upon its approval by the
  2-34  Governor or upon its becoming law without such approval.

                         SECTION 3.

  2-35  All laws and parts of laws in conflict with this Act are
  2-36  repealed.





                             S. B. 228
                                 -2- (Index)