SB 9 - Public Schools - comprehensive evaluations
Georgia Senate - 1995/1996 Sessions
SB 9 - Public Schools - comprehensive evaluations
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10/ 11/ 12
1. Newbill 56th 2. Clay 37th 3. McGuire 30th
4. Tanksley 32nd
Senate Comm: Ed / House Comm: Ed /
Senate Vote: Yeas 50 Nays 0
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Senate Action House
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1/10/95 Read 1st time 2/17/95
2/14/95 Favorably Reported 3/14/95
Am Committee Amend/Sub Sub
2/15/95 Read 2nd Time 2/20/95
Committed 3/17/95
2/16/95 Read 3rd Time
2/16/95 Passed/Adopted
CA Comm/Floor Amend/Sub
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Code Sections amended: 20-2-282
SB 9 LC 19 2558S
______________________________ offers the following
substitute to SB 9:
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 6 of Chapter 2 of Title 20 of the Official
1- 2 Code of Georgia Annotated, relating to quality basic
1- 3 education, so as to provide for state grants to local school
1- 4 systems on the basis of achievement; to change the manner in
1- 5 which such funds may be expended; to change provisions
1- 6 relating to the establishment of a state-wide network of
1- 7 regional educational service agencies; to change certain
1- 8 provisions relating to the powers and duties of each agency
1- 9 board of control; to change provisions relating to programs
1-10 and services to be administered by the regional educational
1-11 service agency director; to change provisions relating to
1-12 the financing of agency expenses and programs; to provide an
1-13 exemption from the requirement of comprehensive evaluations
1-14 of public schools and the standards and procedures relating
1-15 thereto; to repeal conflicting laws; and for other purposes.
1-16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-17 Article 6 of Chapter 2 of Title 20 of the Official Code of
1-18 Georgia Annotated, relating to quality basic education, is
1-19 amended by striking Code Section 20-2-253, relating to
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1-21 thereof the following:
1-22 "20-2-253. (Index)
1-23 The State Board of Education shall provide qualified
1-24 public elementary and secondary schools and local school
1-25 systems with incentive award grants, subject to
1-26 appropriation by the General Assembly. The purpose of
1-27 such grants shall be to give recognition to public schools
1-28 and local school systems having demonstrated high levels
1-29 of performance or achievement, high levels of improved
1-30 performance; provided, however, that all comparisons of
1-31 schools shall be with other schools containing similar
1-32 grade levels and containing student populations which have
1-33 similar demographic characteristics and that all
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LC 19 2558S
2- 1 comparisons of local school systems shall be with other
2- 2 local school systems containing student populations which
2- 3 have similar demographic characteristics achievement, or
2- 4 to raise the performance of lower achieving schools or
2- 5 school systems. The amount of such incentive award grants
2- 6 shall be reflective of the most recent full-time
2- 7 equivalent counts of the qualified public schools or local
2- 8 school systems, respectively, and such other factors
2- 9 deemed appropriate by the state board. The public schools
2-10 or local school systems receiving such incentive award
2-11 grants shall may expend these funds to improve their staff
2-12 development or instructional programming, or both, in a
2-13 manner they deem appropriate. Such recipients of the
2-14 incentive award grants shall not be required to apply
2-15 local funds to the expenditures authorized under this Code
2-16 section. The state board shall adopt a list of performance
2-17 achievement areas for which public schools and local
2-18 school systems may receive incentive award grants and
2-19 shall prescribe criteria, policies, and standards deemed
2-20 necessary for the effective implementation of this Code
2-21 section."
SECTION 2.
2-22 Said article is further amended by striking Part 11 thereof
2-23 in its entirety and inserting in lieu thereof a new Part 11
2-24 to read as follows:
"Part 11
2-25 20-2-270. (Index)
2-26 (a) The State Board of Education shall establish a
2-27 state-wide network of regional educational service
2-28 agencies for the purposes: of providing shared services
2-29 designed to improve the effectiveness of educational
2-30 programs and services of to local school systems; and of
2-31 providing instructional programs directly to selected
2-32 public school students in the state; providing Georgia
2-33 Learning Resources System services; and implementing state
2-34 initiatives as required by the state board. The regional
2-35 educational service agencies established by the state
2-36 board may legally be referred to as 'RESA' or 'RESA's.'
2-37 The shared services to member local school systems shall
2-38 include the following assistance: The shared services may
2-39 also include assistance designed to address documented
2-40 local needs pursuant to subsection (d) of Code Section
2-41 20-2-272. (1) Identifying or conducting research related to
3- 2 educational improvements and in planning for the
3- 3 implementation of such improvements; (2) Developing and implementing staff development
3- 5 programs; (3) Developing and implementing curricula and
3- 7 instruction of the highest quality possible, including
3- 8 implementing the uniformly sequenced core curriculum
3- 9 adopted by the state board; (4) Developing and implementing assessment and
3-11 evaluation programs; (5) Identifying and utilizing electronic technology,
3-13 including computers, in an effort to improve the quality
3-14 of classroom instruction as well as classroom, school,
3-15 and school system management; and (6) Developing programs, resource materials, and staff
3-17 development services relating to instruction on alcohol
3-18 and drug abuse. The shared services may also include assistance designed
3-20 to address documented local needs pursuant to subsection
3-21 (d) of Code Section 20-2-272. (b) The service areas for the Georgia Learning Resources
3-23 System and the Psychoeducational Network for severely
3-24 emotionally disturbed students in place June 30, 1987,
3-25 shall be continued for fiscal year 1988. If effective
3-26 July 1, 1988, or any July 1 thereafter, the State Board of
3-27 Education reorganizes the service areas of regional
3-28 educational service agencies from the 16 service area
3-29 arrangement in place June 30, 1987, the state board shall
3-30 also review effective the same date the service areas for
3-31 the Georgia Learning Resources System and the
3-32 Psychoeducational Network to be compatible with the
3-33 reorganized service areas for the regional educational
3-34 service agencies. Upon the request of a majority of the
3-35 local school superintendents of the local school systems
3-36 within the service area of a unit of the Georgia Learning
3-37 Resources System or of the Psychoeducational Network,
3-38 representatives of each of the local school systems in the
3-39 respective service area shall vote in the manner and at
3-40 the time prescribed by the state board to determine if one
3-41 of the local school systems or the regional educational
3-42 service agency serving the respective service area shall
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LC 19 2558S
4- 1 serve as the fiscal agent for the respective unit of the
4- 2 Georgia Learning Resources System or the Psychoeducational
4- 3 Network for the ensuing fiscal year. In the event this
4- 4 vote results in a change in the fiscal agent for the
4- 5 respective unit, the new fiscal agent shall continue in
4- 6 this capacity for a minimum of three fiscal years. In the
4- 7 event a regional educational service agency is designated
4- 8 as the fiscal agent for the service area of a unit of the
4- 9 Georgia Learning Resources System or of the
4-10 Psychoeducational Network, all member and nonmember local
4-11 school systems shall be provided the services of the
4-12 Georgia Learning Resources System or the Psychoeducational
4-13 Network, respectively. The state board is authorized to
4-14 contract with regional educational service areas to
4-15 provide educational services to students with handicapping
4-16 conditions which are either of such low incidence or of
4-17 such severity that it is unfeasible or impractical to
4-18 provide needed educational and training services through
4-19 local school systems pursuant to Code Section 20-2-152.
4-20 (b) The state board shall be authorized to fund services,
4-21 programs, and initiatives provided for in subsection (a)
4-22 of this Code section through RESA's either by contract or
4-23 cooperative agreement. Beginning July 1, 1996, the state
4-24 board shall make the service areas for the Georgia
4-25 Learning Resources System compatible with the service
4-26 areas for the RESA's. The RESA's are designated as the
4-27 fiscal agents for the agency of the Georgia Learning
4-28 Resources System or a local board of education as
4-29 identified by the State Board of Education through an
4-30 annual contract to serve as fiscal agent for the Georgia
4-31 Learning Resources System. All member and nonmember local
4-32 school systems shall be provided the services of the
4-33 Georgia Learning Resources System.
4-34 20-2-271. (Index)
4-35 (a) The State Board of Education shall establish the
4-36 service area of each regional educational service agency
4-37 as a single geographical area that contains the entire
4-38 area of several local school systems. To the extent
4-39 feasible and practical, all such service areas shall be
4-40 homogeneous in terms of the number of local school
4-41 systems, the number of public schools, the number of
4-42 students, the number of square miles within the service
4-43 area, and any other factors specified by the state board;
4-44 provided, however, that the service area for metropolitan
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LC 19 2558S
5- 1 Atlanta may be an exception due to the high density of
5- 2 students per square mile. The total number of such
5- 3 service areas shall be as small as possible to ensure cost
5- 4 effectiveness of its operation; however, the number shall
5- 5 be large enough to minimize excessive travel time when
5- 6 providing shared services within any such service area.
5- 7 Each local school system in this state shall be assigned
5- 8 to one of these service areas.
5- 9 (b) Each local board of education of a local school system
5-10 which elects not to be a member of the regional
5-11 educational service agency in its designated service area
5-12 during the ensuing fiscal year shall approve a resolution
5-13 to that effect and forward a copy of said resolution to
5-14 the State Board of Education and the board of control of
5-15 the regional agency by January 15. Such action shall be
5-16 required annually.
5-17 20-2-272. (Index)
5-18 (a) Each regional educational service agency shall be
5-19 governed by a board of control. The number of members and
5-20 terms of office shall be prescribed by the State Board of
5-21 Education; provided, however, that at least one-third of
5-22 the membership of each board of control shall be
5-23 individuals who hold no other public office, who are not
5-24 employees of any local unit of administration, and who are
5-25 not employees of the Department of Education. The members
5-26 of the board of control shall be elected by an annual
5-27 caucus of an equal number of members of local boards of
5-28 education from the respective member local school systems.
5-29 The state board shall also prescribe an equal number of
5-30 local board members from each member local school system
5-31 to participate in said caucus.
5-32 (b) All laws and the policies and regulations of the State
5-33 Board of Education applicable to local school systems and
5-34 local boards of education shall be applicable, when
5-35 appropriate, to the regional educational service agencies
5-36 and their boards of control unless explicitly stated
5-37 otherwise in this part. No board of control shall hold
5-38 title to real property or levy or collect any taxes. No
5-39 board of control shall expend or contract to expend any
5-40 funds beyond the amount of funds that the board of control
5-41 is legally authorized to receive and will, in fact,
5-42 receive. Each board of control shall submit an annual
5-43 report and an annual budget to the state board, in the
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LC 19 2558S
6- 1 manner prescribed by the state board, for review and
6- 2 approval.
6- 3 (c) The State Board of Education shall be responsible for
6- 4 assuring that the activities of each regional educational
6- 5 service agency and its board of control established under
6- 6 this part conform to both the Constitution and laws of
6- 7 Georgia, as well as the policies and regulations of the
6- 8 state board. The State School Superintendent shall report
6- 9 to the General Assembly, pursuant to subsection (d) of
6-10 Code Section 20-2-282, the results of any comprehensive
6-11 evaluations of regional educational service agencies, the
6-12 status of each such agency, and the progress each
6-13 nonstandard agency has made toward addressing identified
6-14 deficiencies.
6-15 (d) Boards of control shall determine the optional
6-16 assistance needed by local school systems in the area
6-17 served by each regional educational service agency,
6-18 establish priorities from those needs, and allocate local
6-19 resources accordingly. Boards of control shall annually
6-20 review the progress and cost effectiveness of such
6-21 agencies by relating outputs to dollar inputs. Boards of
6-22 control shall determine the procedures and activities by
6-23 which each regional educational service agency achieves
6-24 locally established objectives and shall establish job
6-25 descriptions, personnel qualifications, and work schedules
6-26 consistent with locally established priorities and
6-27 objectives.
6-28 (e) In the event the State Board of Education adopts a
6-29 policy to reorganize the service areas of regional
6-30 educational service agencies pursuant to subsection (a) of
6-31 Code Section 20-2-271 effective July 1 of a fiscal year,
6-32 members of boards of control during the preceding fiscal
6-33 year shall constitute planning boards for the respective
6-34 service areas to be established the ensuing July 1. Each
6-35 planning board shall have the authority to establish the
6-36 location or locations of the office or offices of its
6-37 regional educational service agency effective the ensuing
6-38 July 1, to issue contracts with a director and other
6-39 agency staff to be employed effective the ensuing fiscal
6-40 year, to assess the needs of all potential member local
6-41 school systems, to prepare operational plans and budgets
6-42 for the ensuing fiscal year, to establish the manner by
6-43 which the local share of the budget will be assessed to
6-44 potential member local school systems, and to make any
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LC 19 2558S
7- 1 other such decisions that the state board deems necessary
7- 2 for an orderly transition of service areas for regional
7- 3 educational service agencies. Such decisions shall be
7- 4 adopted by these planning boards prior to December 15 of
7- 5 the fiscal year preceding the effective date for
7- 6 reorganization of the service areas, in order that each
7- 7 local school system will have the information needed to
7- 8 make an informed decision relative to membership in its
7- 9 respective regional educational service area pursuant to
7-10 subsection (b) of Code Section 20-2-271 on or before
7-11 January 15 of that fiscal year. Any such planning board
7-12 shall be authorized to amend, prior to April 15 of that
7-13 fiscal year, any such decisions which are necessary as the
7-14 result of the actions of the General Assembly during its
7-15 regular session during that fiscal year. In the event a
7-16 planning board has amended one or more decisions pursuant
7-17 to this provision, each local school system within the
7-18 service area of such planning board shall be authorized to
7-19 reverse its decision relative to membership for the
7-20 ensuing fiscal year prior to May 15 of that fiscal year,
7-21 pursuant to procedures specified in subsection (b) of Code
7-22 Section 20-2-271.
7-23 20-2-273. (Index)
7-24 (a) Each board of control shall appoint and contract with
7-25 a director who shall be the executive officer of the
7-26 regional educational service agency. The director shall
7-27 be responsible for the administration of programs and
7-28 services approved by the board of control, including the
7-29 Georgia Learning Resources System, except for those under
7-30 contract with a local board of education serving as fiscal
7-31 agent for the Georgia Learning Resources System.
7-32 (b) The regional educational service agency staff shall
7-33 consist of those individuals authorized by the board of
7-34 control to provide the instructional and support services
7-35 prescribed in Code Section 20-2-270.
7-36 20-2-274. (Index)
7-37 (a) The For fiscal year 1989, the State Board of Education
7-38 shall grant, subject to appropriation by the General
7-39 Assembly, the funds to continue the operations of regional
7-40 educational service agencies in a manner similar to the
7-41 preceding fiscal year, adjusted only to reflect changes in
7-42 the salaries and operational costs similar to those made
7-43 for local school systems under this article; further, in
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LC 19 2558S
8- 1 those instances that regional educational service agencies
8- 2 are designated as fiscal agents, the state board shall
8- 3 grant additional funds needed to provide instructional and
8- 4 support services to students eligible for the
8- 5 Psychoeducational Network and to provide services under
8- 6 the Georgia Learning Resources System to all local school
8- 7 systems contained in the respective service areas.
8- 8 Beginning fiscal year 1990 and thereafter, the state board
8- 9 shall be authorized to provide each regional educational
8-10 service agency with a uniform state-wide needs program
8-11 grant and a documented local needs program grant, subject
8-12 to appropriation by the General Assembly. The uniform
8-13 state-wide needs program grant shall consist of two
8-14 components: the same fixed amount for each regional
8-15 educational service agency; and an amount which reflects
8-16 the number of local school systems, the number of schools,
8-17 the number of students, and the number of square miles
8-18 contained collectively within its member local school
8-19 systems. Each regional educational service agency shall be
8-20 required to match the uniform state-wide needs program
8-21 grant with an amount of funds equal to one-fourth of this
8-22 grant. The uniform state-wide needs grant and its
8-23 matching local which funds shall be used to finance the
8-24 basic administrative overhead of the regional educational
8-25 service agencies. The state board shall provide grants to
8-26 regional educational service agencies for Georgia Learning
8-27 Resources Systems or to a local school system contracted
8-28 to be a fiscal agent for a Georgia Learning Resources
8-29 System. Each regional educational service agency shall
8-30 submit a proposal to the State Board of Education for
8-31 implementing state initiatives. The State Board of
8-32 Education shall review the proposals and enter into a
8-33 contract or cooperative agreement with the regional
8-34 educational service agency to carry out these purposes.
8-35 The State Board of Education shall determine the amount of
8-36 any contract award or amounts expended pursuant to a
8-37 cooperative agreement. The State Board of Education shall
8-38 develop and implement policies, rules, and regulations to
8-39 carry out this part. and to provide the areas of
8-40 assistance specified in subsection (a) of Code Section
8-41 20-2-270. The amount of funds granted to each regional
8-42 educational service agency for the documented local needs
8-43 program grant shall depend upon the proportion that the
8-44 number of local school systems, number of schools, number
8-45 of students, and number of square miles contained
8-46 collectively within its member local school systems are of
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LC 19 2558S
9- 1 these respective factors state wide, as well as the
9- 2 adopted operational plan and the budget designed to
9- 3 address documented needs for assistance to member local
9- 4 school systems. Each regional educational service agency
9- 5 shall be required to match the documented local needs
9- 6 program grant with an amount of funds equal to two-thirds
9- 7 of that grant. Each board of control shall be authorized
9- 8 to adopt the manner by which each member local school
9- 9 system shall be assessed its share of membership funds.
9-10 the uniform state-wide needs program and the documented
9-11 local needs program; provided, however, that member local
9-12 school systems shall not be allowed to use funds received
9-13 under the provisions of this article for this purpose. In
9-14 the event a regional educational service agency is
9-15 designated as the fiscal agent for the Georgia Learning
9-16 Resources System or for the Psychoeducational Network for
9-17 severely emotionally disturbed students, the The state
9-18 board shall grant the regional educational service agency
9-19 the funds needed to provide services to all local school
9-20 systems in the service area of the Georgia Learning
9-21 Resources System or Psychoeducational Network as
9-22 respectively designated as the fiscal agent or to any
9-23 local school system contracted to serve as the fiscal
9-24 agent for a Georgia Learning Resource System as well as
9-25 the grants authorized previously by this subsection. All
9-26 other financing will be based on contracts to supply
9-27 service programs to member local school systems. The
9-28 funds for these programs, upon a contract approval basis,
9-29 may be derived from local, state, federal, or private
9-30 sources.
9-31 (b) A regional educational service agency may not receive
9-32 directly from the State Board of Education any state funds
9-33 originally intended for or directed to a local school
9-34 system by this article; provided, however, that, upon the
9-35 official request of a local school system, the state board
9-36 may send directly to a regional educational service agency
9-37 any funds allocated to a local school system. All grants
9-38 and contracts from the state along with the contributions
9-39 from member local school systems and funds from other
9-40 sources shall be budgeted by the board of control other
9-41 than those designated to local systems designated as
9-42 fiscal agent for a Georgia Learning Resource System
9-43 through contract with the State Board of Education."
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LC 19 2558S
SECTION 3.
10- 1 Said article is further amended by striking subsection (a)
10- 2 of Code Section 20-2-282, relating to the comprehensive
10- 3 evaluation of public schools, and inserting in its place a
10- 4 new subsection to read as follows:
10- 5 "(a)(1) The State Board of Education shall supervise a
10- 6 comprehensive evaluation of each public school, local
10- 7 school system, and regional educational service agency
10- 8 at least once every five years, except as provided in
10- 9 paragraph (4) of this subsection or subsection (e.1) of
10-10 this Code section, concerning the following functions to
10-11 the extent they are deemed by the state board to be
10-12 appropriate and applicable to such units:
10-13 (A) The extent to which the strategic plan has been
10-14 effectively implemented;
10-15 (B) The extent to which the uniformly sequenced core
10-16 curriculum adopted by the state board has been
10-17 effectively implemented;
10-18 (C) The extent of compliance with state laws and state
10-19 board prescribed policies, rules, regulations,
10-20 standards, and criteria;
10-21 (D) The effectiveness of educational programs and
10-22 services, including comparisons to student bodies
10-23 which are comparable in terms of demographic
10-24 characteristics;
10-25 (E) The effectiveness of annual personnel evaluation
10-26 procedures and annual professional development plan
10-27 procedures and the extent to which staff development
10-28 programs effectively address deficiencies and other
10-29 needs identified through these processes;
10-30 (F) The accuracy of student count procedures;
10-31 (G) The accuracy of fiscal procedures as they apply to
10-32 implementing the state board prescribed program
10-33 accounting systems and ensuring funds are expended for
10-34 purposes authorized by state laws and state board
10-35 policy and regulations;
10-36 (H) The extent to which public awareness and
10-37 information processes comply with state law and state
10-38 board adopted policies and regulations; and
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LC 19 2558S
11- 1 (I) Such other functions deemed necessary by the state
11- 2 board for a full and comprehensive evaluation of such
11- 3 units.
11- 4 (2) Such comprehensive evaluations shall be conducted by
11- 5 certificated professional employees from other local
11- 6 units of administration, faculty members of colleges and
11- 7 universities, and citizens residing within the
11- 8 respective local units. The number and role of such
11- 9 individuals shall be prescribed by the state board;
11-10 provided, however, that such individuals shall be
11-11 coordinated by professional evaluators. The state board
11-12 shall be authorized to require additional evaluations by
11-13 the Department of Education.
11-14 (3) The state board shall publish in the legal organ of
11-15 the county where the local school system is located the
11-16 result of the comprehensive evaluations, including a
11-17 summary of any deficiencies and recommendations for
11-18 addressing said deficiencies. The State School
11-19 Superintendent shall annually report to the Governor and
11-20 the General Assembly concerning the results of all
11-21 state-wide assessments of student achievement; the
11-22 status of each public school, local school system, and
11-23 regional educational service agency; and the progress
11-24 each nonstandard unit has made toward addressing
11-25 identified deficiencies. Copies of such reports shall be
11-26 made available upon request. The State School
11-27 Superintendent shall be authorized to require local
11-28 school superintendents and directors of regional
11-29 educational service agencies to provide such reports as
11-30 deemed necessary for the effective operation of public
11-31 education in this state. The State School Superintendent
11-32 shall compile an annual report in which shall be
11-33 presented a statement of the condition and amount of all
11-34 funds and property appropriated for the purpose of
11-35 public education, a statement of the average cost per
11-36 student of instruction in the state's public schools,
11-37 and a statement of the number of children of school age
11-38 in the state, with as much accuracy as possible. Such
11-39 report shall be kept in the State School
11-40 Superintendent's office and shall be available for
11-41 public inspection during regular business hours. Copies
11-42 of the report or portions of the report shall be made
11-43 available on request.
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LC 19 2558S
12- 1 (4) Any school or school system that is accredited by
12- 2 the Southern Association of Colleges and Schools shall
12- 3 be exempt from the comprehensive evaluation required by
12- 4 paragraph (1) of this subsection. All such
12- 5 accreditation reports shall be kept on file with the
12- 6 Department of Education in lieu of the comprehensive
12- 7 evaluation, including any follow-up reports. Any such
12- 8 school or school system that is in a probationary status
12- 9 shall file all corrective plans, designed in conjunction
12-10 with the accrediting agency, with the Department of
12-11 Education. Any school or school system that shall lose
12-12 accreditation will be subject to the comprehensive
12-13 evaluation specified in paragraph (1) of this
12-14 subsection."
SECTION 4.
12-15 All laws and parts of laws in conflict with this Act are
12-16 repealed.
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Office of the Secretary of the Senate
Frank Eldridge, Jr., Secretary of the Senate
Last Updated on 01/02/97