08 LC 33
2642S
The
House Committee on Education offers the following substitute to SB
535:
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 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 high 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)
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 or every high school within the 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 each of 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 following:
'Shall
the following 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?
|
( ) YES
( ) NO
|
(Member´s
Name)
|
|
( ) YES
( ) NO
|
(Member´s
Name)
|
|
( ) YES
( ) NO
|
(Member´s
Name)
|
|
( ) YES
( ) NO
|
(Member´s
Name)
|
|
( ) YES
( ) NO'
|
(Member´s
Name)
|
The
ballot shall be structured so that there shall be a space for the name of each
member of the board. All persons desiring to vote for removal of each of the
board members shall vote 'Yes,' and persons desiring to vote against removal of
each such board members shall vote 'No.' If more than one-half of the votes
cast on such question are for removal of a board member, such member 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 on
which more than one-half of the votes cast were for removal of such particular
member or members shall immediately be removed from office by operation of law,
and the board member seat or 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.