| SB 329 - Early HOPE Education Reform Act of 2000 - enact |
First Reader Summary
A bill to be entitled an Act to amend Chapter 2 of Title 20 of
the Official Code of Georgia Annotated, relating to elementary
and secondary education, so as to change certain provisions
regarding assessments to measure the effectiveness of educational
programs; to enact the "Early HOPE Education Reform Act of 2000";
to provide for a short title; to define certain terms; to direct
the State Board of Education to develop a method of evaluating
the performance of schools based upon students' performance in
reading, mathematics, and writing; to provide for the preparation
and distribution of a report card for each school and for the
contents of such report cards; to provide for related matters; to
provide for an effective date and applicability; to repeal
conflicting laws; and for other purposes.
| Senate |
Action |
House |
| 1/14/00 |
Read 1st time |
|
SB 329 00 LC 27 1051
SENATE BILL 329
By: Senators Land of the 16th, Cable of the 27th,
Johnson of the 1st and others
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 2 of Title 20 of the Official Code of
1- 2 Georgia Annotated, relating to elementary and secondary
1- 3 education, so as to change certain provisions regarding
1- 4 assessments to measure the effectiveness of educational
1- 5 programs; to enact the "Early HOPE Education Reform Act of
1- 6 2000"; to provide for a short title; to define certain
1- 7 terms; to direct the State Board of Education to develop a
1- 8 method of evaluating the performance of schools based upon
1- 9 students' performance in reading, mathematics, and writing;
1-10 to provide for the preparation and distribution of a report
1-11 card for each school and for the contents of such report
1-12 cards; to authorize the award of grants to schools which
1-13 meet certain performance standards and provide for the
1-14 disbursement of such grants; to provide for the development
1-15 and implementation of remediation plans, including state
1-16 technical assistance and grants, for schools which receive a
1-17 grade of "F" based on the performance evaluation developed
1-18 by the state board; to provide that low-income students who
1-19 are eligible to attend certain poorly performing public
1-20 elementary and middle schools shall be eligible to receive
1-21 scholarships to be applied toward the cost of tuition at
1-22 participating private schools and adequate local schools; to
1-23 provide for the amount of such scholarships; to provide for
1-24 the administration of the Early HOPE scholarship program by
1-25 the State Board of Education; to establish certain
1-26 requirements for private schools that participate in the
1-27 scholarship program; to authorize local boards of education
1-28 to use local education funds to supplement the scholarships
1-29 provided for in this Act; to authorize the State Board of
1-30 Education to promulgate certain rules; to provide for
1-31 related matters; to provide for an effective date and
1-32 applicability; to repeal conflicting laws; and for other
1-33 purposes.
1-34 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
-1-
2- 1 SECTION 1.
2- 2 Chapter 2 of Title 20 of the Official Code of Georgia
2- 3 Annotated, relating to elementary and secondary education,
2- 4 is amended by striking in its entirety subsection (a) of
2- 5 Code Section 20-2-281, relating to the assessment of
2- 6 effectiveness of educational programs, and inserting in lieu
2- 7 thereof a new subsection (a) to read as follows:
2- 8 "20-2-281.
2- 9 (a) The State Board of Education shall adopt a student
2-10 assessment program consisting of instruments, procedures,
2-11 and policies necessary to implement the program and shall
2-12 fund all costs of providing and scoring such instruments,
2-13 subject to appropriation by the General Assembly.
2-14 Nationally norm-referenced instruments in reading,
2-15 mathematics, science, and social studies shall be
2-16 administered to students in grades three, five, and eight.
2-17 The State Board of Education shall review, revise, and
2-18 upgrade the quality core curriculum. Following the
2-19 adoption of this revised curriculum, the State Board of
2-20 Education shall contract for development of
2-21 criterion-referenced tests to measure the quality core
2-22 curriculum in the areas of reading and mathematics and
2-23 such tests shall be administered to students in three
2-24 grades not lower than grade three such grades as the state
2-25 board determines to be educationally appropriate. This
2-26 action shall be completed within two years. A
2-27 curriculum-based assessment shall be administered in grade
2-28 11 for graduation purposes. Writing assessments shall be
2-29 administered to students in grades three, five, eight, and
2-30 11 such grades as the state board determines to be
2-31 educationally appropriate. The writing assessments shall
2-32 provide students and their parents with performance
2-33 outcome measures resulting from the administration of such
2-34 tests."
2-35 SECTION 2.
2-36 Said chapter is further amended by adding at the end thereof
2-37 a new article, to be designated as Article 32, to read as
2-38 follows:
-2-
3- 1 20-2-2080.
3- 2 This article shall be known and may be cited as the 'Early
3- 3 HOPE Education Reform Act of 2000.'
3- 4 20-2-2081.
3- 5 As used in this article, the term:
3- 6 (1) 'Academic Achievement Accountability System Report
3- 7 Card' or 'AAA Report Card' means the report card for a
3- 8 school prepared pursuant to Code Section 20-2-2082.
3- 9 (2) 'Adequate local school' means a local school, other
3-10 than an applicable local school, which is not part of
3-11 the local school system in which an eligible low-income
3-12 student resides.
3-13 (3) 'Applicable local school' means a local elementary
3-14 or middle school which, in the two consecutive years
3-15 immediately preceding the school year for which a
3-16 scholarship is granted pursuant to Part 5 of this
3-17 article to a low-income student attending such local
3-18 elementary or middle school, earned a grade of 'F' on
3-19 the AAA Report Card.
3-20 (4) 'Local board' means a county or independent board of
3-21 education exercising control and management of a local
3-22 school system pursuant to Article VIII, Section V,
3-23 Paragraph II of the Constitution of Georgia.
3-24 (5) 'Local school' means a public school in Georgia that
3-25 is located within a local school system.
3-26 (6) 'Local school system' means the system of public
3-27 schools established and maintained by a local board
3-28 within its limits pursuant to Article VIII, Section V,
3-29 Paragraph I of the Constitution of Georgia.
3-30 (7) 'Low-income student' means any student in grades
3-31 kindergarten through nine, who is a member of a family
3-32 with a gross household income equal to or less than 200
3-33 percent of the federal poverty level.
3-34 (8) 'Parents' means the natural or adoptive parent or
3-35 parents, legal guardian, or other person or persons
3-36 standing in loco parentis to or having legal custody of
3-37 a child eligible and entitled to receive an education
3-38 scholarship under Part 5 of this article, who is
3-39 actually paying or will pay the tuition cost of
3-40 attendance of such child at a private school or an
-3-
4- 1 adequate local school and who may redeem a scholarship
4- 2 awarded pursuant to this article.
4- 3 (9) 'Private school' shall have the same meaning as set
4- 4 forth in subsection (b) of Code Section 20-2-690.
4- 5 (10) 'State board' means the State Board of Education.
4- 6 (11) 'Tuition' means the actual tuition charged to a
4- 7 parent by a private school, or by an adequate local
4- 8 school pursuant to Code Section 20-2-133, and the
4- 9 additional cost to such parent of required uniforms,
4-10 books, and home-to-school transportation.
4-11 20-2-2082.
4-12 (a) The state board shall develop a method of evaluating
4-13 schools based on the results of the criterion-referenced
4-14 tests in reading and mathematics and the writing
4-15 assessment that are administered pursuant to Code Section
4-16 20-2-281. Based on this evaluation method, the state
4-17 board shall assign to each school a grade of 'A,' 'B,'
4-18 'C,' or 'F.'
4-19 (b) The state board annually shall prepare for each school
4-20 an AAA Report Card which states the school's grade based
4-21 upon the evaluation method described in subsection (a) of
4-22 this Code section. Each school's AAA Report Card shall
4-23 also state the results of the criterion-referenced tests
4-24 in reading and mathematics, the writing assessments, and
4-25 the norm-referenced instruments for students in the school
4-26 compared to students in other schools in the local school
4-27 system, other schools in this state, other schools with
4-28 similar demographic characteristics, and national norms.
4-29 (c) The state board shall provide by regulation for the
4-30 distribution of a school's AAA Report Card to the parent
4-31 or guardian of each student enrolled at the school.
4-32 20-2-2083.
4-33 (a) The state board is authorized and directed to develop
4-34 and implement an A-Plus Rewards Program to recognize and
4-35 encourage schools whose students demonstrate excellent
4-36 performance. Subject to appropriation by the General
4-37 Assembly, the state board shall award a grant to any
-4-
5- 1 school that has established an A-Plus Rewards Council and
5- 2 which:
5- 3 (1) Earns a grade of 'A' on the AAA Report Card;
5- 4 (2) Earns a grade of 'B' on the AAA Report Card and
5- 5 scores exceptionally higher on the AAA Report Card than
5- 6 other schools with similar demographic characteristics;
5- 7 or
5- 8 (3) Earns a grade of 'C' on the AAA Report Card, scores
5- 9 exceptionally higher on the AAA Report Card than other
5-10 schools with similar demographic characteristics, and
5-11 shows exceptional improvement from the preceding
5-12 academic year.
5-13 Such grants shall be distributed through local boards of
5-14 education to schools found eligible by the state board for
5-15 the grants. The decision of the A-Plus Rewards Council
5-16 for the local school will determine how the grant is spent
5-17 or distributed at the school site.
5-18 (b) In order to be eligible for a grant awarded pursuant
5-19 to this Code section, a local school shall establish and
5-20 operate an A-Plus Rewards Council. Such council shall be
5-21 composed of the principal of the school or the principal's
5-22 designee, teachers employed at the school, and parents or
5-23 guardians of students enrolled at the school. A majority
5-24 of the members of the council shall be parents or
5-25 guardians of students enrolled at the school. The council
5-26 members who are teachers shall be elected by the school's
5-27 faculty. The council members who are parents or guardians
5-28 shall be elected by parents and guardians of students
5-29 enrolled at the school who are present at a public meeting
5-30 called with two weeks' advance notice of the purpose of
5-31 the meeting.
5-32 20-2-2084.
5-33 (a) Any school which earns a grade of 'F' on the AAA
5-34 Report Card shall prepare a remediation plan describing
5-35 the actions to be taken to improve the school's
5-36 performance to a level consistent with a grade of 'A,'
5-37 'B,' or 'C,' on the AAA Report Card. The remediation plan
5-38 shall be submitted to the local board, which may approve
5-39 the plan, reject the plan, or develop a different
5-40 remediation plan for the school. The local board shall
5-41 submit the remediation plan it has approved to the state
-5-
6- 1 board, along with any requests for technical or financial
6- 2 assistance through the School Help Improvement Program.
6- 3 (b) The state board is authorized and directed to develop
6- 4 and implement a School Help Improvement Program to assist
6- 5 in the implementation of remediation plans for schools
6- 6 that have earned an 'F' on the AAA Report Card. Subject
6- 7 to appropriation by the General Assembly, the state board
6- 8 shall award grants and provide technical assistance to
6- 9 local boards of education for such purposes.
6-10 20-2-2085.
6-11 Mindful of the primary obligation of the state to provide
6-12 an adequate public education for its citizens under
6-13 Article VIII, Section I, Paragraph I of the Constitution
6-14 of Georgia, and the authority vested in the General
6-15 Assembly under Article VIII, Section VII of the
6-16 Constitution of Georgia to authorize the expenditure of
6-17 public funds to provide grants, scholarships, loans, or
6-18 other assistance to students and to parents of students
6-19 for educational purposes, it is the intent of the General
6-20 Assembly to provide a means whereby:
6-21 (1) The state can fulfill a primary obligation under the
6-22 Constitution of Georgia to provide public funds for the
6-23 adequate education of its citizens through the provision
6-24 of scholarships to low-income students who are compelled
6-25 by state law and inadequate financial resources to
6-26 attend poorly performing local schools; and
6-27 (2) Low-income students can enjoy greater opportunities
6-28 for access to learning through the removal of financial
6-29 barriers that prevent them from exercising the liberty
6-30 of choice as to their manner of life to which they are
6-31 entitled under Article I, Section I, Paragraph I of the
6-32 Constitution of Georgia.
6-33 20-2-2086.
6-34 Every low-income student who is otherwise eligible and
6-35 qualified to attend an applicable local school shall, in
6-36 lieu of attending such local school, be eligible to
6-37 receive a scholarship to be expended for the purpose of
6-38 paying or otherwise defraying the cost of tuition at a
6-39 private school or an adequate local school at which the
6-40 low-income student is enrolled.
-6-
7- 1 20-2-2087.
7- 2 (a) The amount of a scholarship awarded pursuant to this
7- 3 article to a particular eligible low-income student shall
7- 4 be equal to the lesser of the following:
7- 5 (1) The amount of tuition applicable to the private
7- 6 school or adequate local school where the student is
7- 7 enrolled; or
7- 8 (2) Ninety percent of the state per pupil expenditure
7- 9 for the local school system in which the applicable
7-10 school is located. The state per pupil expenditure
7-11 shall be calculated as the amount alloted to the local
7-12 school system pursuant to Code Section 20-2-166 divided
7-13 by the full-time equivalent program count of the local
7-14 school system, as determined pursuant to subsection (d)
7-15 of Code Section 20-2-160.
7-16 (b) The state board shall annually provide a scholarship
7-17 to every eligible low-income student.
7-18 (c) If an eligible low-income student transfers into a
7-19 participating private school or adequate local school
7-20 after the beginning of the year, the amount of the
7-21 scholarship may be prorated.
7-22 (d) A scholarship may be redeemed by the student's parent
7-23 at any participating private school or adequate local
7-24 school.
7-25 (e) After the parent designates the participating private
7-26 school or adequate local school in which the eligible
7-27 low-income student is enrolled, the state board shall
7-28 disburse the student's scholarship funds in equal monthly
7-29 amounts to the parent's account with the school. Monthly
7-30 disbursement shall occur within 30 days of receipt of the
7-31 school's statement of current enrollment. The parent's
7-32 signature must be obtained at the school at the time of
7-33 each payment.
7-34 (f) A low-income student receiving a scholarship pursuant
7-35 to this article shall remain eligible to receive such
7-36 scholarship for a period of time equal to the length of
7-37 time the student would have been enrolled in the
7-38 applicable local school had the student completed all of
7-39 the grades available at the applicable local school.
7-40 (g) A scholarship provided under this part is a grant of
7-41 aid to a student through the student's parents and not to
-7-
8- 1 the private school or adequate local school in which the
8- 2 student is enrolled and is not taxable income. Regardless
8- 3 of the means used by the state for the distribution of
8- 4 scholarship aid under this part, for purposes of this
8- 5 part, all scholarship aid that ultimately flows to a
8- 6 participating school shall be deemed to do so only as a
8- 7 result of the genuinely independent and private choices of
8- 8 the scholarship recipients.
8- 9 (h) A parent is free to choose any participating private
8-10 school or adequate local school and that selection does
8-11 not constitute a decision or act of the state or any of
8-12 its subdivisions.
8-13 20-2-2088.
8-14 (a) A private school qualifies to participate in the
8-15 program established pursuant to this part and has a right
8-16 to participate in the program if the school:
8-17 (1) Complies with all the requirements imposed by the
8-18 general statutory law of this state upon private
8-19 schools;
8-20 (2) Does not discriminate on the basis of race,
8-21 ethnicity, color, or national origin;
8-22 (3) Does not advocate the violation of persons or the
8-23 property of persons or any other unlawful behavior; and
8-24 (4) Does not deliberately provide false or misleading
8-25 information respecting the school.
8-26 (b) A private school or adequate local school becomes a
8-27 participating school by redeeming a scholarship;
8-28 provided, however, that an adequate local school may not
8-29 redeem scholarships without authorization from its local
8-30 board.
8-31 (c) A participating school shall not be obligated to
8-32 provide transportation to students participating in the
8-33 program.
8-34 (d) Nothing in this part shall be construed to compel a
8-35 private school or adequate local school to become a
8-36 participating school.
8-37 (e) Once a school becomes a participating school, it shall
8-38 continue to participate until the completion of the school
8-39 year.
-8-
9- 1 (f) Nothing in this part shall be construed to compel a
9- 2 participating school to continue to participate in
9- 3 subsequent school years.
9- 4 (g) A participating private school shall not be subject to
9- 5 any regulations or rules beyond those which apply to all
9- 6 private schools operating in this state; provided,
9- 7 however, that the state board may implement such minimal
9- 8 procedures as may be necessary to administer the
9- 9 scholarship program in accordance with this part.
9-10 Participating private schools, regardless of size, shall
9-11 be accorded maximum flexibility to educate their students
9-12 and shall be free from any and all regulation by a local
9-13 board or the state board beyond that which may be lawfully
9-14 imposed for the protection of the safety of citizens under
9-15 the Constitution of Georgia and the United States
9-16 Constitution.
9-17 20-2-2089.
9-18 Students receiving education scholarships under this part
9-19 shall not be included in the full-time equivalent program
9-20 count conducted under Code Section 20-2-160 for any local
9-21 school system of this state for the purpose of allotment
9-22 and distribution of state funds under Article 6 of this
9-23 chapter.
9-24 20-2-2090.
9-25 A local board may, at its election and pursuant to its
9-26 right under Article VIII, Section VI, Paragraph I of the
9-27 Constitution of Georgia to expend school tax funds for the
9-28 support and maintenance of public education and the
9-29 General Assembly's power under Article VIII, Section VII
9-30 of the Constitution of Georgia to authorize the
9-31 expenditure of public funds to provide scholarships,
9-32 utilize local education funds to supplement the amount of
9-33 the scholarships paid under this part. Any such
9-34 supplemental funds shall be expended in an amount and
9-35 under such procedures as may be prescribed by the local
9-36 board.
9-37 20-2-2091.
9-38 The state board shall adopt such rules and guidelines as
9-39 are necessary for the distribution of the scholarships
9-40 provided pursuant to this part."
-9-
10- 1 SECTION 3.
10- 2 This Act shall become effective on July 1, 2000, and shall
10- 3 apply to the 2000-2001 school year and all school years
10- 4 subsequent thereto.
10- 5 SECTION 4.
10- 6 All laws and parts of laws in conflict with this Act are
10- 7 repealed.
-10-
Secretary of the Senate
Frank Eldridge, Jr., Secretary
Last Updated on 05/15/00
