08 LC 33
2276
House
Bill 1050
By:
Representatives Ashe of the
56th,
Porter of the
143rd,
Jamieson of the
28th,
Smyre of the
132nd,
Hugley of the
133rd,
and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to the "Quality Basic Education Act," so as to require that
the Quality Basic Education Formula is fully funded by the General Assembly; to
revise provisions for purposes of conformity; to provide for related matters; to
repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to the "Quality Basic Education Act," is amended by revising subsection (a) of
Code Section 20-2-161, relating to the Quality Basic Education Formula, as
follows:
"(a)
The high school general education program is declared to be the base program
against which the cost of all other instructional programs shall be compared.
The amount of funds needed by each full-time equivalent student in the base
program, in order that such program can be sufficiently funded to provide
quality basic education to all enrolled students, shall be known as the 'base
amount' and shall reflect program components which constitute the program weight
for the high school general education program in Code Sections 20-2-182 through
20-2-186.
However,
the
The
General Assembly shall annually establish through the General Appropriations Act
the base amount to be used each year.
In the
event that the
The
base amount so established when multiplied by the program weights in subsection
(b) of this Code section
requires
funds in excess of the appropriation for the Quality Basic Education Formula
grants, the
shall be the
amount of funds which are appropriated for
the Quality Basic Education Formula
by the General
Assembly
shall be
prorated to each of the Quality Basic Education Formula cost
categories."
SECTION
2.
Said
article is further amended by revising Code Section 20-2-156, relating to the
program for limited-English-proficient students, as follows:
"20-2-156.
The
State Board of Education shall create a program for limited-English-proficient
students whose native language is not
English,
subject to appropriation by the General
Assembly. The purpose of this program is
to assist such students to develop proficiency in the English language,
including listening, speaking, reading, and writing, sufficient to perform
effectively at the currently assigned grade level. The state board shall
prescribe such rules and regulations regarding eligibility criteria and
standards as may be needed to carry out the provisions of this Code section.
This program may also be referred to as the English for speakers of other
languages (ESOL) program."
SECTION
3.
Said
article is further amended by revising subsections (a), (b), (g), and (h) of
Code Section 20-2-182, relating to program weights to reflect funds for payment
of salaries and benefits, as follows:
"(a)
The program weights, when multiplied by the base amount, shall reflect
sufficient funds to pay at least the beginning salaries of all teachers needed
to provide essential classroom instruction in order to ensure a Quality Basic
Education Program for all enrolled
students,
subject to appropriation by the General
Assembly.
(b)
The program weights for the primary, primary grades early intervention, upper
elementary, upper elementary grades early intervention, middle grades, and
middle school programs, when multiplied by the base amount, shall reflect
sufficient funds to pay at least the beginning salaries of specialists qualified
to teach art, music, foreign language, and physical
education,
subject to appropriation by the General
Assembly."
"(g)
All program weights, when multiplied by the base amount, shall reflect
sufficient funds to pay the cost of sick and personal leave for teachers, the
employer´s portion of costs for membership in the Teachers Retirement
System of Georgia and health insurance programs authorized by law, the cost of
essential instructional materials and equipment needed to operate effectively
such instructional programs, and the cost of travel required of personnel in
order to deliver educational services to enrolled
students,
subject to appropriation by the General
Assembly.
(h)
All program weights, when multiplied by the base amount, shall reflect, whenever
they are revised pursuant to subsection (f) of Code Section 20-2-161, an amount
of funds for the purpose of providing staff and professional development to
certificated and classified personnel and local school board members which shall
be at least equivalent to 1.5 percent of salaries of all certificated
professional personnel used in the development of each respective program
weight,
subject to appropriation by the General
Assembly. Funds used for professional or
staff development purposes may be used throughout the fiscal year, including
days when students are not present at school, to meet professional or staff
development needs in the order of priority determined by the local board of
education within the comprehensive professional and staff development program
plan approved by the State Board of Education pursuant to Code Section 20-2-232.
Such professional and staff development program plan shall address deficiencies
of certificated personnel as identified by evaluations required under Code
Section 20-2-210. Where possible, professional and staff development funds
shall be used for activities that enhance the skills of certificated personnel
and directly relate to student achievement. Subsequent certificated personnel
evaluations shall include an assessment of an employee´s professional and
staff development activities and their effect on identified deficiencies and
student achievement. Funds for professional development purposes may be used
for activities occurring at any time during the fiscal year outside of an
employee´s normal contract hours."
SECTION
4.
Said
article is further amended by revising Code Section 20-2-183, relating to
program weights to reflect funds for maintenance and operation of facilities, as
follows:
"20-2-183.
All
program weights, when multiplied by the base amount, shall reflect sufficient
funds to provide for the maintenance and operation of facilities essential for
housing instructional programs and essential supportive educational
services,
subject to appropriation by the General
Assembly."
SECTION
5.
Said
article is further amended by revising Code Section 20-2-184, relating to
program weights to reflect funds for media specialists, as follows:
"20-2-184.
All
program weights, when multiplied by the base amount, shall reflect sufficient
funds to pay the beginning salary for at least one media specialist for an
appropriate base size school pursuant to Code Section 20-2-181 and to provide
media center materials and equipment, including computer hardware and software,
as essential to support instructional programs authorized under Part 3 of this
article,
subject to appropriation by the General
Assembly."
SECTION
6.
Said
article is further amended by revising Code Section 20-2-185, relating to
program weights to reflect funds for salaries for assistant principals, as
follows:
"20-2-185.
All
program weights, when multiplied by the base amount, shall reflect sufficient
funds to pay the beginning salaries of assistant principals as well as the
salaries of secretaries essential for the efficient and effective management of
the instructional and supportive educational programs of an appropriate base
size school pursuant to Code Section 20-2-181 and to provide for the costs of
operating an administrative office in the
school,
subject to appropriation by the General
Assembly.
SECTION
7.
Said
article is further amended by revising Code Section 20-2-186, relating to
allocation of funds for local systems to pay beginning salaries of
superintendents, secretaries, accountants, nurses, and certain other personnel,
as follows:
"20-2-186.
(a)
Funds provided under this article shall include the following for local systems
to pay, on a 12 month basis, the beginning salaries of superintendents,
assistant superintendents, and principals and the salaries of secretaries,
accountants, and
nurses,
subject to appropriation by the General
Assembly:
(1)
Each local system shall earn, for any number of full-time equivalent students
equal to or under 5,000, funds sufficient to pay the beginning salaries of a
superintendent and two assistant superintendents and the salaries of a secretary
and an accountant; and
(2)
For numbers of full-time equivalent students over 5,000 and less than 10,001,
funds sufficient to pay the beginning salaries of a superintendent and four
assistant superintendents and the salaries of a secretary and an accountant;
and
(3)
For numbers of full-time equivalent students over 10,000, funds sufficient to
pay the beginning salaries of a superintendent and eight assistant
superintendents and the salaries of a secretary and an accountant;
and
(4)
Each local system shall earn funds for the 2000-2001 school year sufficient to
pay the beginning salary of a principal for each school in the local school
system with a principal of record for the preceding year. Thereafter, each local
school system shall earn funds sufficient to pay the beginning salary of a
principal for each school in the local school system that reported a principal
on the October certified personnel information report; provided, however, that
any school which operates as a combination school, which is defined as any of
the elementary grades, kindergarten through grade five, contiguous with one or
more of the middle grades, grades six through eight; or as a combination school
of any of the middle grades, grades six through eight, contiguous with one or
more of the elementary grades or contiguous with one or more of the high school
grades, grades nine through 12; or as a combination school of any of the high
school grades, contiguous with one or more of the middle grades, shall earn
funds sufficient to pay the beginning salary of a principal for each of the
elementary, middle, or high school combinations. Beginning with the 2001-2002
school year, funds cannot be earned for more than one principal´s salary
for schools on the same campus sharing facilities unless the schools operate as
a combination school as defined in this paragraph with separate facility codes
issued by the Department of Education. A local school system shall earn funds
in the midterm adjustment sufficient to pay the beginning salary of a principal
for a new school, if not otherwise earning the funds, when the school has
reported full-time equivalent program counts in the October count, has an
approved new school facility code issued by the department, and has reported a
principal on the October certified personnel information report under the new
facility code. It is further provided that funds for the salary of a principal
shall not be earned under this paragraph for an evening school or alternative
school; and
(5)
Each local system shall earn funds sufficient to pay for nursing
services.
(b)
All program weights, when multiplied by the base amount, shall reflect
sufficient funds to pay the beginning salaries of a visiting teacher using a
base size of 2,475 full-time equivalent students and for costs of operating an
administrative office for the local school system and for workers´
compensation and employment security payments for personnel at the central
office, school, and program
levels,
subject to appropriation by the General
Assembly. Further, the program weights
for all special education programs pursuant to Code Section 20-2-152, when
multiplied by the base amount, shall reflect sufficient funds to pay the
beginning salaries of special education leadership personnel essential and
necessary for the effective operation of such programs in a base size local
school system. Further, the program weights for all programs, when multiplied by
the base amount, shall reflect sufficient funds to pay the beginning salaries of
school psychologists and psychometrists essential and necessary for the
effective operation of such programs in a local school system using a base size
of 2,475 full-time equivalent
students,
subject to appropriation by the General
Assembly.
(c)
Notwithstanding any provision of this Code section to the contrary, no local
system shall earn funds under this Code section, except for funds for nurses,
accountants, visiting teachers, school psychologists, and secretaries, if the
local board of education has not implemented in a failing school within the
system the interventions, as defined in Code Section 20-14-41, that are
prescribed by the State Board of Education."
SECTION
8.
All
laws and parts of laws in conflict with this Act are repealed.