08 LC 33
2525-EC
Senate
Bill 535
By:
Senators Chance of the 16th, Heath of the 31st, Carter of the 13th and Johnson
of the 1st
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 3 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to local boards of education, so as to require local school
systems to attain and maintain accreditation; to provide for a definition for
the term "accreditation"; to provide for the removal of all members of a local
board of education of a school system which fails to attain or maintain
accreditation; to provide for procedures; to provide for the filling of
vacancies; to provide for election of subsequent members; to provide for powers,
duties, and authority of the State Board of Education; to provide for
applicability of the foregoing with respect to certain local laws and local
constitutional amendments; 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
3 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to local boards of education, is amended by adding a new Code section to read as
follows:
"20-2-72.
(a)
As used in this Code section, the term 'accreditation' means system-wide
accreditation of a local school system or accreditation of every school within a
local school system by the Southern Association of Colleges and Schools or other
accrediting entity approved by the State Board of Education.
(b)
As a condition of receiving funds under Article 6 of this chapter, the 'Quality
Basic Education Act,' a local school system shall attain and maintain
accreditation as follows:
(1)
A school system which has attained accreditation as of July 1, 2008, shall be
required to maintain such accreditation; and
(2)
A school system which has not attained accreditation as of July 1, 2008, shall
be required to attain accreditation no later than June 30, 2010.
(c)
In the event a school system loses its accreditation or fails to attain
accreditation in accordance with the time frames established pursuant to
subsection (b) of this Code section, the State Board of Education shall notify
the appropriate election superintendent of the county or municipality whose
geographical boundary is conterminous with that of the local board of education
by forwarding a copy of a resolution adopted by the State Board of Education
calling for a referendum on the question of removing the members of such local
board of education.
(d)
Upon receipt of such resolution, it shall be the duty of the election
superintendent of such county or municipality to issue the call for a referendum
for the purpose of submitting the question to the qualified electors of the
county school district or independent school district for approval or rejection
of whether the members of the local board of education should be immediately
removed. The election superintendent shall issue the call and shall conduct the
referendum on a date and in the manner authorized under Code Section 21-2-540.
The election superintendent shall cause the date and purpose of the referendum
to be published once a week for two weeks immediately preceding the date of the
referendum in the official organ of such county. The ballot shall have written
or printed thereon the words:
|
'(
) YES
(
) NO
|
Shall
all members of the board of education of
(Name of
County or City) be immediately removed
from office because the school system has lost accreditation or not attained
accreditation as required by law?'
|
All
persons desiring to vote for removal of the board members shall vote 'Yes,' and
persons desiring to vote against removal of such board members shall vote 'No.'
If more than one-half of the votes cast on such question are for removal of the
board members, such members shall be removed from office. It shall be the
superintendent´s duty to certify the result of the referendum to the
Secretary of State and to the State Board of Education. The expense of the
referendum shall be borne by the county or municipality whose geographical
boundary is conterminous with that of the local board of education.
(e)
Upon certification by the election superintendent of approval of the referendum
as provided in subsection (d) of this Code section, the members of the board
shall immediately be removed from office by operation of law, and the board
member seats shall be deemed vacant. The State Board of Education shall, within
30 days of the occurrence of the vacancies pursuant to this subsection, appoint
a board member for each vacancy resulting from this Code section who shall be
otherwise qualified to serve as a member of such board. Each such member shall
serve for the remainder of the unexpired term of office as applicable to the
particular board seat to which he or she is appointed. Thereafter, successors
to such board member seats shall be elected in accordance with the local law
applicable to that local board of education.
(f)
To the extent any provisions of any local law in effect on July 1, 2008, are in
contravention to the requirements of this Code section, this Code section shall
supersede and control over such provisions of such local law; provided, however,
that in the event a local school system is governed by a local constitutional
amendment which has been continued in force and effect as a part of the
Constitution, such local constitutional amendment shall supersede and control
over this Code section to the extent that it is in contravention to the
requirements of this Code section."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.