SB 62 - QBE - transfer Learning Re- sources Sys. to RESAs
Georgia Senate - 1995/1996 Sessions
SB 62 - QBE - transfer Learning Re- sources Sys. to RESAs
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8
1. Slotin 39th
Senate Comm: Ed / House Comm: /
Senate Vote: Yeas Nays
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Senate Action House
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1/12/95 Read 1st time
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Code Sections amended: 20-2-270, 20-2-271, 20-2-272, 20-2-273, 20-2-274
SB 62 95 LC 11 8472
SENATE BILL 62
By: Senator Slotin of the 39th
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 6 of Chapter 2 of Title 20, the "Quality
1- 2 Basic Education Act," so as to provide for legislative
1- 3 findings and intent; to transfer to regional educational
1- 4 service agencies (RESA's), the duties, functions, and powers
1- 5 previously performed by the Georgia Learning Resources
1- 6 System and the Psychoeducational Network; to reduce the
1- 7 number of RESA service areas; to provide for transitional
1- 8 measures; to provide for funding; to provide for effective
1- 9 dates; to repeal conflicting laws; and for other purposes.
1-10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-11 The General Assembly finds that the Governor's Commission on
1-12 Effectiveness and Economy in Government, the Williams
1-13 Commission, found that a substantial cost saving could be
1-14 effected by combining in RESA's the duties, functions, and
1-15 powers of the Georgia Learning Resources System and the
1-16 Psychoeducational Network and by reducing the number of
1-17 RESA's without impairing the effectiveness of any of these
1-18 programs. Indeed, the increased economies of scale and
1-19 simplification of government possible through such a
1-20 reorganization may result in increased effectiveness. It is
1-21 the intention of the General Assembly to implement these
1-22 findings and recommendations.
SECTION 2.
1-23 Article 6 of Chapter 2 of Title 20, the "Quality Basic
1-24 Education Act," is amended by striking Part 11 thereof and
1-25 inserting in its place the following:
"Part 11
1-26 20-2-270. (Index)
1-27 (a) The State Board of Education shall establish a
1-28 state-wide network of regional educational service
1-29 agencies for the purposes of providing shared services
1-30 designed to improve the effectiveness of educational
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LC 11 8472
2- 1 programs and services of local school systems and of
2- 2 providing instructional programs directly to selected
2- 3 public school students in the state. The regional
2- 4 educational service agencies established by the state
2- 5 board may legally be referred to as 'RESA' or 'RESA's.'
2- 6 On and after July 1, 1995, RESA's shall also assume the
2- 7 duties, functions, and powers performed prior to that date
2- 8 by the Georgia Learning Resources System and the
2- 9 Psychoeducational Network for severely emotionally
2-10 disturbed students and such system and network shall
2-11 thereafter operate only through RESA's. The shared
2-12 services to member local school systems shall also include
2-13 the following assistance:
2-14 (1) Identifying or conducting research related to
2-15 educational improvements and in planning for the
2-16 implementation of such improvements;
2-17 (2) Developing and implementing staff development
2-18 programs;
2-19 (3) Developing and implementing curricula and
2-20 instruction of the highest quality possible, including
2-21 implementing the uniformly sequenced core curriculum
2-22 adopted by the state board;
2-23 (4) Developing and implementing assessment and
2-24 evaluation programs;
2-25 (5) Identifying and utilizing electronic technology,
2-26 including computers, in an effort to improve the quality
2-27 of classroom instruction as well as classroom, school,
2-28 and school system management; and
2-29 (6) Developing programs, resource materials, and staff
2-30 development services relating to instruction on alcohol
2-31 and drug abuse.
2-32 The shared services may also include assistance designed
2-33 to address documented local needs pursuant to subsection
2-34 (d) of Code Section 20-2-272.
2-35 (b) The service areas for the Georgia Learning Resources
2-36 System and the Psychoeducational Network for severely
2-37 emotionally disturbed students in place June 30, 1987,
2-38 shall be continued for fiscal year 1988. If effective
2-39 July 1, 1988, or any July 1 thereafter, the State Board of
2-40 Education reorganizes the service areas of regional
2-41 educational service agencies from the 16 service area
2-42 arrangement in place June 30, 1987, the state board shall
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LC 11 8472
3- 1 also review effective the same date the service areas for
3- 2 the Georgia Learning Resources System and the
3- 3 Psychoeducational Network to be compatible with the
3- 4 reorganized service areas for the regional educational
3- 5 service agencies. Upon the request of a majority of the
3- 6 local school superintendents of the local school systems
3- 7 within the service area of a unit of the Georgia Learning
3- 8 Resources System or of the Psychoeducational Network,
3- 9 representatives of each of the local school systems in the
3-10 respective service area shall vote in the manner and at
3-11 the time prescribed by the state board to determine if one
3-12 of the local school systems or the regional educational
3-13 service agency serving the respective service area shall
3-14 serve as the fiscal agent for the respective unit of the
3-15 Georgia Learning Resources System or the Psychoeducational
3-16 Network for the ensuing fiscal year. In the event this
3-17 vote results in a change in the fiscal agent for the
3-18 respective unit, the new fiscal agent shall continue in
3-19 this capacity for a minimum of three fiscal years. In the
3-20 event a regional educational service agency is designated
3-21 as the fiscal agent for the service area of a unit of the
3-22 Georgia Learning Resources System or of the
3-23 Psychoeducational Network, all member and nonmember local
3-24 school systems shall be provided the services of the
3-25 Georgia Learning Resources System or the Psychoeducational
3-26 Network, respectively. The state board is authorized to
3-27 contract with regional educational service areas to
3-28 provide educational services to students with handicapping
3-29 conditions which are either of such low incidence or of
3-30 such severity that it is unfeasible or impractical to
3-31 provide needed educational and training services through
3-32 local school systems pursuant to Code Section 20-2-152.
3-33 20-2-271. (Index)
3-34 (a) The State Board of Education shall establish the
3-35 service area of each regional educational service agency
3-36 as a single geographical area that contains the entire
3-37 area of several local school systems. To the extent
3-38 feasible and practical, all such service areas shall be
3-39 homogeneous in terms of the number of local school
3-40 systems, the number of public schools, the number of
3-41 students, the number of square miles within the service
3-42 area, and any other factors specified by the state board;
3-43 provided, however, that the service area for metropolitan
3-44 Atlanta may be an exception due to the high density of
3-45 students per square mile. The total number of such
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4- 1 service areas shall be as small as possible to ensure cost
4- 2 effectiveness of its operation; however, the number shall
4- 3 be large enough to minimize excessive travel time when
4- 4 providing shared services within any such service area 11.
4- 5 Each local school system in this state shall be assigned
4- 6 to one of these 11 service areas.
4- 7 (b) Each local board of education of a local school system
4- 8 which elects not to be a member of the regional
4- 9 educational service agency in its designated service area
4-10 during the ensuing fiscal year shall approve a resolution
4-11 to that effect and forward a copy of said resolution to
4-12 the State Board of Education and the board of control of
4-13 the regional agency by January 15. Such action shall be
4-14 required annually.
4-15 20-2-272. (Index)
4-16 (a) Each regional educational service agency shall be
4-17 governed by a board of control. The number of members and
4-18 terms of office shall be prescribed by the State Board of
4-19 Education; provided, however, that at least one-third of
4-20 the membership of each board of control shall be
4-21 individuals who hold no other public office, who are not
4-22 employees of any local unit of administration, and who are
4-23 not employees of the Department of Education. The members
4-24 of the board of control shall be elected by an annual
4-25 caucus of an equal number of members of local boards of
4-26 education from the respective member local school systems.
4-27 The state board shall also prescribe an equal number of
4-28 local board members from each member local school system
4-29 to participate in said caucus.
4-30 (b) All laws and the policies and regulations of the State
4-31 Board of Education applicable to local school systems and
4-32 local boards of education shall be applicable, when
4-33 appropriate, to the regional educational service agencies
4-34 and their boards of control unless explicitly stated
4-35 otherwise in this part. No board of control shall hold
4-36 title to real property or levy or collect any taxes. No
4-37 board of control shall expend or contract to expend any
4-38 funds beyond the amount of funds that the board of control
4-39 is legally authorized to receive and will, in fact,
4-40 receive. Each board of control shall submit an annual
4-41 report and an annual budget to the state board, in the
4-42 manner prescribed by the state board, for review and
4-43 approval.
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5- 1 (c) The State Board of Education shall be responsible for
5- 2 assuring that the activities of each regional educational
5- 3 service agency and its board of control established under
5- 4 this part conform to both the Constitution and laws of
5- 5 Georgia, as well as the policies and regulations of the
5- 6 state board. The State School Superintendent shall report
5- 7 to the General Assembly, pursuant to subsection (d) of
5- 8 Code Section 20-2-282, the results of any comprehensive
5- 9 evaluations of regional educational service agencies, the
5-10 status of each such agency, and the progress each
5-11 nonstandard agency has made toward addressing identified
5-12 deficiencies.
5-13 (d) Boards of control shall determine the assistance
5-14 needed by local school systems in the area served by each
5-15 regional educational service agency, establish priorities
5-16 from those needs, and allocate resources accordingly.
5-17 Boards of control shall annually review the progress and
5-18 cost effectiveness of such agencies by relating outputs to
5-19 dollar inputs. Boards of control shall determine the
5-20 procedures and activities by which each regional
5-21 educational service agency achieves locally established
5-22 objectives and shall establish job descriptions, personnel
5-23 qualifications, and work schedules consistent with locally
5-24 established priorities and objectives.
5-25 (e) In the event the State Board of Education adopts a
5-26 policy to reorganize the service areas of regional
5-27 educational service agencies pursuant to subsection (a) of
5-28 Code Section 20-2-271 effective July 1 of a fiscal year,
5-29 members of boards of control during the preceding fiscal
5-30 year shall constitute planning boards for the respective
5-31 service areas to be established the ensuing July 1. Each
5-32 planning board shall have the authority to establish the
5-33 location or locations of the office or offices of its
5-34 regional educational service agency effective the ensuing
5-35 July 1, to issue contracts with a director and other
5-36 agency staff to be employed effective the ensuing fiscal
5-37 year, to assess the needs of all potential member local
5-38 school systems, to prepare operational plans and budgets
5-39 for the ensuing fiscal year, to establish the manner by
5-40 which the local share of the budget will be assessed to
5-41 potential member local school systems, and to make any
5-42 other such decisions that the state board deems necessary
5-43 for an orderly transition of service areas for regional
5-44 educational service agencies. Such decisions shall be
5-45 adopted by these planning boards prior to December 15 of
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6- 1 the fiscal year preceding the effective date for
6- 2 reorganization of the service areas, in order that each
6- 3 local school system will have the information needed to
6- 4 make an informed decision relative to membership in its
6- 5 respective regional educational service area pursuant to
6- 6 subsection (b) of Code Section 20-2-271 on or before
6- 7 January 15 of that fiscal year, except that such decisions
6- 8 required by the reduction to 11 RESA's shall be adopted by
6- 9 those planning boards prior to May 15, 1995, and the
6-10 deadline for a local system's making its membership
6-11 decision regarding these 11 RESA's shall be June 15, 1995.
6-12 Any such planning board shall be authorized to amend,
6-13 prior to April 15 of that fiscal year, any such decisions
6-14 which are necessary as the result of the actions of the
6-15 General Assembly during its regular session during that
6-16 fiscal year. In the event a planning board has amended
6-17 one or more decisions pursuant to this provision, each
6-18 local school system within the service area of such
6-19 planning board shall be authorized to reverse its decision
6-20 relative to membership for the ensuing fiscal year prior
6-21 to May 15 of that fiscal year, pursuant to procedures
6-22 specified in subsection (b) of Code Section 20-2-271.
6-23 20-2-273. (Index)
6-24 (a) Each board of control shall appoint and contract with
6-25 a director who shall be the executive officer of the
6-26 regional educational service agency. The director shall
6-27 be responsible for the administration of programs and
6-28 services approved by the board of control.
6-29 (b) The regional educational service agency staff shall
6-30 consist of those individuals authorized by the board of
6-31 control to provide the instructional and support services
6-32 prescribed in Code Section 20-2-270.
6-33 20-2-274. (Index)
6-34 (a) For fiscal year 1989, the State Board of Education
6-35 shall grant, subject to appropriation by the General
6-36 Assembly, the funds to continue the operations of regional
6-37 educational service agencies in a manner similar to the
6-38 preceding fiscal year, adjusted only to reflect changes in
6-39 the salaries and operational costs similar to those made
6-40 for local school systems under this article; further, in
6-41 those instances that regional educational service agencies
6-42 are designated as fiscal agents, the state board shall
6-43 grant additional funds needed to provide instructional and
S. B. 62
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7- 1 support services to students eligible for the
7- 2 Psychoeducational Network and to provide services under
7- 3 the Georgia Learning Resources System to all local school
7- 4 systems contained in the respective service
7- 5 areas.Beginning fiscal year 1990 and thereafter, the state
7- 6 board shall be authorized to provide each regional
7- 7 educational service agency with a uniform state-wide needs
7- 8 program grant and a documented local needs program grant,
7- 9 subject to appropriation by the General Assembly. The
7-10 uniform state-wide needs program grant shall consist of
7-11 two components: the same fixed amount for each regional
7-12 educational service agency; and an amount which reflects
7-13 the number of local school systems, the number of schools,
7-14 the number of students, and the number of square miles
7-15 contained collectively within its member local school
7-16 systems. Each regional educational service agency shall be
7-17 required to match the uniform state-wide needs program
7-18 grant with an amount of funds equal to one-fourth of this
7-19 grant. The uniform state-wide needs grant and its
7-20 matching local funds shall be used to finance the basic
7-21 administrative overhead of the regional educational
7-22 service agencies and to provide the areas of assistance
7-23 specified in subsection (a) of Code Section 20-2-270. The
7-24 amount of funds granted to each regional educational
7-25 service agency for the documented local needs program
7-26 grant shall depend upon the proportion that the number of
7-27 local school systems, number of schools, number of
7-28 students, and number of square miles contained
7-29 collectively within its member local school systems are of
7-30 these respective factors state wide, as well as the
7-31 adopted operational plan and the budget designed to
7-32 address documented needs for assistance to member local
7-33 school systems. Each regional educational service agency
7-34 shall be required to match the documented local needs
7-35 program grant with an amount of funds equal to two-thirds
7-36 of that grant. Each board of control shall be authorized
7-37 to adopt the manner by which each member local school
7-38 system shall be assessed its share of the uniform
7-39 state-wide needs program and the documented local needs
7-40 program; provided, however, that member local school
7-41 systems shall not be allowed to use funds received under
7-42 the provisions of this article for this purpose. In the
7-43 event a regional educational service agency is designated
7-44 as the fiscal agent for the Georgia Learning Resources
7-45 System or for the Psychoeducational Network for severely
7-46 emotionally disturbed students, the The state board shall
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8- 1 grant the regional educational service agency the funds
8- 2 needed to provide services to all local school systems in
8- 3 the service area of the Georgia Learning Resources System
8- 4 or Psychoeducational Network, including but not limited to
8- 5 the basic administrative overhead for the provision of
8- 6 those services, as respectively designated as the fiscal
8- 7 agent as well as the grants authorized previously by this
8- 8 subsection. All other financing will be based on contracts
8- 9 to supply service programs to member local school systems.
8-10 The funds for these programs, upon a contract approval
8-11 basis, may be derived from local, state, federal, or
8-12 private sources.
8-13 (b) A regional educational service agency may not receive
8-14 directly from the State Board of Education any state funds
8-15 originally intended for or directed to a local school
8-16 system by this article; provided, however, that, upon the
8-17 official request of a local school system, the state board
8-18 may send directly to a regional educational service agency
8-19 any funds allocated to a local school system. All grants
8-20 from the state along with the contributions from member
8-21 local school systems and funds from other sources shall be
8-22 budgeted by the board of control."
SECTION 3.
8-23 For purposes of establishing the new 11 RESA service areas
8-24 and authorizing the transitional planning and decisions
8-25 relating thereto, this Act shall become effective upon its
8-26 approval by the Governor upon its becoming law without such
8-27 approval. For all other purposes, this Act shall become
8-28 effective July 1, 1995.
SECTION 4.
8-29 All laws and parts of laws in conflict with this Act are
8-30 repealed.
S. B. 62
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Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97