08 LC 33 2423
House
Bill 1209
By:
Representatives Coleman of the
97th,
Golick of the
34th,
Smith of the
129th,
Cole of the
125th,
Maxwell of the
17th,
and others
A
BILL TO BE ENTITLED
AN ACT
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 provide that a local school
system may enter into a contract with the State Board of Education for increased
flexibility in exchange for increased accountability; to provide that a local
school system can opt for the status quo; to provide for the development of a
three-year strategic plan; to provide for contract requirements; to provide for
monitoring of strategic plans; to provide for accountability, flexibility, and
consequences components of the contract; to provide for certain laws which may
be waived; to provide for loss of governance under certain conditions; to
provide for duties of the Office of Student Achievement with respect to such
strategic plans; to provide for a phased-in implementation; to provide for
exceptions for charter systems; to provide for rules, regulations, and
guidelines; to change certain provisions relating to appointment of local school
superintendents; to change certain provisions relating to waivers to improve
student performance; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary
and secondary education, is amended by adding a new Article 4, which is
reserved, to read as follows:
"ARTICLE
4
20-2-80.
(a)
A local school system may request increased flexibility from certain state laws,
rules, and regulations in exchange for increased accountability through a
contract with the State Board of Education. Such contract shall be based on a
strategic plan which will establish a framework of accountability, flexibility,
and consequences in accordance with this article.
(b)
A local school system which elects not to request increased flexibility in
exchange for increased accountability but which opts to remain under all current
laws, rules, and regulations shall be required to comply with the requirements
of subsection (k) of Code Section 20-2-81.
20-2-81.
(a)
Each local school system which elects to request increased flexibility shall
develop a three-year strategic plan which sets out the school system´s
vision and mission for improving the performance of its schools. The strategic
plan shall clearly delineate:
(1)
Current performance data, grade levels, and demographic data for each school
within the school system;
(2)
Performance goals, including both improvement and achievement; and
(3)
Performance measures and benchmarks for evaluating improvement and achievement
and monitoring progress toward yearly performance goals.
(b)
The proposed strategic plan shall incorporate, to the extent practicable, any
school improvement plans in effect for any of the schools in the local school
system.
(c)
The department shall develop an electronic template accessible through the
Internet for local school systems to input their strategic plans. The template
shall be designed to include the information contained in subsection (a) of this
Code section.
(d)
Prior to the submission of a local board of education´s proposed strategic
plan to the department, a local board of education shall schedule and hold a
public hearing for the purpose of providing an opportunity for full discussion
and public input on the strategic plan, including formal, written comments or
suggestions regarding the local school system´s flexibility requests and
performance goals. The public hearing shall be advertised in a local newspaper
of general circulation which shall be the same newspaper in which other legal
announcements of the local board of education are advertised.
(e)
The local school system shall submit the proposed strategic plan to the
department in accordance with time frames established by the department. The
department shall review the proposed strategic plan for adherence to the
requirements of this article and conduct an initial review of the
appropriateness of the flexibility and performance measures
requested.
(f)
After the initial review provided for in subsection (e) of this Code section,
the department shall return the school system´s proposed strategic plan to
the local board of education with the department´s suggestions. The local
board of education may revise the strategic plan based on the department´s
comments.
(g)
After the department´s initial review and the local board of
education´s opportunity to incorporate the department´s
recommendations, the local school system shall re-submit the strategic plan to
the department.
(h)
Once the strategic plan has been finalized between the department and the local
board and prior to the submission of the plan to the state board for approval, a
local board of education shall schedule and hold a second public hearing for the
purpose of providing notice of the final proposed strategic plan to be submitted
to the state board for approval. The public hearing shall be advertised in a
local newspaper of general circulation which shall be the same newspaper in
which other legal announcements of the local board of education are
advertised.
(i)
The state board shall have the authority to approve or deny approval of a
proposed strategic plan.
(j)
The state board shall be authorized to approve a waiver or variance request of
specifically identified state rules, regulations, policies, and procedures or
provisions of this chapter upon the inclusion of such request in the local
school system´s proposed strategic plan and in accordance with subsection
(b) of Code Section 20-2-83. The goal for each waiver and variance shall be
improvement of student performance. The state board shall not be authorized to
waive or approve variances on any federal, state, and local rules, regulations,
court orders, and statutes relating to civil rights; insurance; the protection
of the physical health and safety of school students, employees, and visitors;
conflicting interest transactions; the prevention of unlawful conduct; any laws
relating to unlawful conduct in or near a public school; or any reporting
requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title. A
local school system that has received a waiver or variance shall remain subject
to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the
requirement that it shall not charge tuition or fees to its students except as
may be authorized for local boards by Code Section 20-2-133, and shall remain
open to enrollment in the same manner as before the waiver request.
(k)
A local school system which elects not to request increased flexibility in
exchange for increased accountability but which opts to remain under all current
laws, rules, and regulations shall be required to:
(1)
Conduct a public hearing for the purpose of providing public notice that such
local school system is opting for the status quo. The public hearing shall be
advertised in a local newspaper of general circulation which shall be the same
newspaper in which other legal announcements of the local board of education are
advertised; and
(2)
Sign a statement on a form provided by the state board that such local school
system is opting for the status quo.
20-2-82.
(a)
Upon approval of a strategic plan, the state board shall enter into a contract
with the local school system which shall incorporate such strategic
plan.
(b)
The terms of the contract shall include, but not be limited to, accountability,
flexibility, and consequences components in accordance with Code Section
20-2-83.
(c)
The state board shall provide that increased flexibility requested by a local
school system pursuant to subsection (b) of Code Section 20-2-83 shall result in
increased accountability pursuant to subsection (a) of Code Section 20-2-83 and
potential consequences pursuant to subsection (c) of Code Section
20-2-83.
(d)
Each contract shall be for a term of three years. The state board may provide
for automatic renewal of a contract if a local school system is in compliance
with its accountability requirements.
20-2-83.
(a)
The accountability component of the contract provided in Code Section 20-2-82
shall include one or more of the following student achievement measures,
including both total scores and any needed targeted subgroups:
(1)
High school graduation rates;
(2)
SAT or ACT performance;
(3)
State standardized test data, which may include criterion-referenced competency
tests, the Georgia High School Graduation Test, end-of-course assessments, or a
combination thereof; and
(4)
Advanced placement or international baccalaureate participation and
performance.
(b)
The flexibility component of the contract provided in Code Section 20-2-82 shall
include the waiver or variance of any one or more of the following areas as
requested by the local school system and as approved by the state board in the
local school system´s strategic plan:
(1)
Class size requirements in Code Section 20-2-182;
(2)
Expenditure controls in Code Section 20-2-171 and categorical allotment
requirements in Article 6 of this chapter;
(3)
Certification requirements in Code Section 20-2-200;
(4)
State curriculum requirements established pursuant to Code Sections 20-2-140,
20-2-142, 20-2-143, 20-2-144, and 20-2-145; and
(5)
Any other requirements or provisions of this chapter as identified by the local
school system and approved by the state board in the local school system´s
strategic plan.
(c)
The consequences component of the contract provided in Code Section 20-2-82 may
include one or more of the following:
(1)
Restructuring of local school system leadership staff;
(2)
Reconstitution of local school system;
(3)
Loss of governance of one or more nonperforming schools by the local school
system in accordance with Code Section 20-2-84; and
(4)
Acceleration of interventions or sanctions for failure to meet identified levels
of achievement or for not showing specified levels of progress pursuant to Code
Section 20-14-41.
(d)
All reasonable efforts shall be made by the department and the state board to
ensure that the flexibility requested, accountability incurred, and consequences
levied are relatively equal in magnitude.
20-2-84.
The
State Board of Education shall be authorized, if provided for in the contract
entered into with a local school system pursuant to Code Section 20-2-82, to
mandate the loss of governance of one or more of its nonperforming schools as a
consequence of failure pursuant to paragraph (3) of subsection (c) of Code
Section 20-2-83. Such loss of governance may include, but shall not be limited
to:
(1)
Conversion of a school to charter status with the appointment of the charter
governing board members to be made by the Governor;
(2)
Operation of a school by a successful school system, as defined by the Office of
Student Achievement; or
(3)
Operation of a school by a private entity, nonprofit or for profit, pursuant to
a request for proposals issued by the department.
20-2-84.1.
The
Office of Student Achievement shall monitor each local school system´s
progress toward meeting its performance goals in its strategic plan and shall
the notify the department if a local school system is not in compliance with its
performance goals. The department shall provide support and guidance to school
systems not meeting their yearly progress goals.
20-2-84.2.
The
department shall determine a phase-in schedule for the implementation of this
article with respect to local school systems. For the 2008-2009 school year,
the department shall select no more than 15 local school systems to either begin
the strategic plan process or opt for the status quo and shall phase in the
remaining local school systems so that all local school systems shall have a
strategic plan and contract in place or have signed a statement indicating their
election to maintain the status quo by the 2013-2014 school year, except as
otherwise provided for in Code Section 20-2-84.3.
20-2-84.3.
This
article shall not apply to a local school system which has become a charter
system pursuant to Code Section 20-2-2063.2 or which is in the process of
applying to become a charter system.
20-2-84.4.
The
State Board of Education and the Office of Student Achievement, as appropriate,
shall be authorized to establish rules, regulations, and guidelines to effect
the implementation of this article and shall, to the extent practicable,
integrate the requirements of this article with existing procedures, data
collection methods, and policy."
SECTION
2.
Said
chapter is further amended by revising Code Section 20-2-101, relating to
appointment of local school superintendents, as follows:
"20-2-101.
(a)
Superintendents of each school system shall be employed by the local board of
education under written contracts for a term of not less than one year and not
more than three years. Any provision of any such contract which provides for an
extension of the duration of employment thereunder, whether automatic or
contingent upon the occurrence of one or more events, shall be void if that
extension would result in employment under the contract, as
so
extended, for a period which exceeds three years.
Those
provisions of any local Act which authorize employment contracts with a school
superintendent which are of a duration which exceeds that authorized by this
subsection, which local Act became effective before, at the time of, or after
April 15, 1993, are repealed. Any contract entered into pursuant to the
provisions of a local Act repealed by the terms of the preceding sentence of
this subsection shall not be affected by such repeal for the duration of that
contract as specified immediately before April 15, 1993, as long as that
contract was valid at such time.
(b)
No person shall be eligible to be appointed or employed as superintendent of
schools of any county or independent school system unless such person is of good
moral character, has never been convicted of any crime involving moral
turpitude, and possesses acceptable business or management experience as
specified by the Professional Standards Commission or the minimum valid
certificate or a letter of eligibility for said certificate required by the
Professional Standards Commission.
(c)
Superintendents shall have such additional qualifications as may be prescribed
by local law or policies of the local board for that school district, not
inconsistent with the provisions of this chapter.
(d)
This Code
section shall not apply to any elected school superintendent in office on
January 1, 1993, during the term of office for which that person was
elected.
(e)
At any time during the 12 months immediately preceding the expiration of an
appointed
or
elected school superintendent´s
contract or term of office, or when a vacancy in the office of school
superintendent occurs, the local board may appoint and employ a successor in
accordance with the above provisions of this Code section, notwithstanding that
the terms of some or all of the board members will expire before the employment
of the superintendent so appointed and employed begins.
Where a
local board of education decides to appoint and employ the incumbent elected
superintendent of the school district as the superintendent for a term beginning
during 1996 or thereafter, or to renew the contract of any appointed
superintendent, the board shall not be required to comply with the notice and
announcement provisions of subsection (d) of Code Section 20-2-211 or any local
policy adopted pursuant thereto.
(e)
A local school superintendent may concurrently serve as a principal, teacher, or
in another staff position as directed by the local board in its sole discretion
and in accordance with the terms of the contract between the superintendent and
the local board. A local school superintendent may also serve concurrently as
superintendent of one or more local school systems in accordance with the terms
of his or her respective contracts and upon approval by each affected local
school system.
(f)
No substantive or procedural right regarding employment or termination of
employment of a superintendent by a local school system shall be created by this
Code section. Rather, the terms and conditions of employment of a school
superintendent by a local school system shall be determined exclusively by the
contract between those parties and may include, without being limited to, the
conditions under and procedures by which that contract may be terminated prior
to the end of the term of that contract."
SECTION
3.
Said
chapter is further amended by revising Code Section 20-2-244, relating to
waivers to improve student performance, as follows:
"20-2-244.
(a)
The State Board of Education is authorized to waive specifically identified
state rules, regulations, policies, and procedures, or provisions of this
chapter, upon the request of a local school board and in accordance with this
Code section. The goal for each waiver shall be improvement of student
performance.
(b)
The State Board of Education is not authorized to waive any federal, state, and
local rules, regulations, court orders, and statutes relating to civil rights;
insurance; the protection of the physical health and safety of school students,
employees, and visitors; conflicting interest transactions; the prevention of
unlawful conduct; any laws relating to unlawful conduct in or near a public
school; or any reporting requirements pursuant to Code Section 20-2-320 or
Chapter 14 of this title. A school or school system that has received a waiver
shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of
this title, the requirement that it shall not charge tuition or fees to its
students except as may be authorized for local boards by Code Section 20-2-133,
and shall remain open to enrollment in the same manner as before the waiver
request.
(c)
The provisions of this Code section shall not apply to charter
schools.
(d)
The board shall require a written application for a waiver that shall include,
as
at
a minimum:
(1)
Identification of the specific state rules, regulations, policies, and
procedures, or provisions of this chapter that are requested for
waiver;
(2)
A description of the policies and procedures the school or school system shall
substitute for the waived state rules, regulations, policies, and procedures, or
provisions;
(3)
A description of how the proposed waiver will improve student
performance;
(4)
A description of the students who will be affected by the proposed waiver,
including their estimated number, current performance, grade level, and any
common demographic traits;
(5)
A list of schools by name that will be affected by the proposed waiver, and a
description of each school, including current performance, grade levels, and
demographic traits of the students of each such school;
(6)
Methods for collection of data, and for measuring and evaluating any change in
student performance resulting from the proposed waiver;
(7)
The period of time for which the proposed waiver is requested and the proposed
starting date; and
(8)
A resolution from the local school board approving the waiver
request.
(e)
The State Board of Education may grant or deny a waiver request, or grant a
waiver request subject to specified modifications in the waiver
request.
(f)
A waiver may be granted in accordance with this Code section for any period of
time not to exceed five years. The State Board of Education shall require
reports regarding the effect of the waiver at least annually, and may require
more frequent reports if necessary to monitor the effect of the waiver
effectively. The State Board of Education shall report annually to the General
Assembly regarding the waivers granted, the effect of each waiver, and any
recommendations for legislative changes generated by successful
waivers.
(g)
A local school system which has entered into a contract with the State Board of
Education pursuant to Article 4 of this chapter shall not be eligible for a
waiver pursuant to this Code section. A local school system which has received
a waiver pursuant to this Code section prior to entering into such contract
shall be required to include such waiver in its strategic plan established
pursuant to Code Section 20-2-81. On and after August 1, 2013, the State Board
of Education shall not authorize any waivers pursuant to this Code section to
any local school
system."
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.