hb193_SCSFA_to_HB_193_9.html
09

SENATE SUBSTITUTE TO HB 193
AS PASSED SENATE

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 provide for a 180 day school year or the equivalent thereof; to revise a provision relating to a full-day kindergarten program; to revise certain provisions relating to the base pay of school food and nutrition personnel; to revise a provision relating to the residential high school program for gifted youth; to revise the definition of the term "school year" relating to teacher contracts; to revise provisions relating to unlawful disruption of or interference with the operation of public schools or public school buses; to provide that a mental state of knowledge and intention or recklessness may be an element of such offense; to provide for an effective date and for applicability; to revise provisions relating to instructional activity concerning Veterans Day; to provide that public elementary and secondary schools shall be closed on November 11 of each year in honor of Veterans Day; 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 in Code Section 20-2-151, relating to general and career education programs, by revising subparagraph (b)(1)(A) as follows:
"(1)(A) All local school systems may offer a full-day kindergarten program. For purposes of this subsection, the term 'full-day basis kindergarten program' means a student is provided classroom instruction for a minimum of four and one-half hours daily for a 180 day school year, or the equivalent thereof as determined in accordance with State Board of Education guidelines."

SECTION 2.
Said chapter is further amended in Code Section 20-2-168, relating to distribution of federal funds, combined purchase of supplies and equipment, minimum school year, summer school programs, and year-round operation, by revising paragraph (1) of subsection (c) as follows:
"(c)(1) Except as otherwise provided in this Code section, public elementary and secondary schools of this state receiving state aid under this article may provide each eligible student with access to no less than 180 school days of education each fiscal year, or the equivalent thereof as determined in accordance with State Board of Education guidelines. The State Board of Education shall define a school year, which shall be no less than 180 days of instruction in accordance with the provisions of this subsection, or the equivalent thereof; shall define the length of the school day, based on a 180 day school year, and equivalent lengths; and shall provide that all public elementary and secondary schools, may beginning in the 2010-2011 school year, may be closed for instruction on November 11 of each year as determined by each local board of education to enable students, teachers, and administrators to participate in Veterans Day programs to honor veterans of the armed forces."

SECTION 3.
Said chapter is further amended in Code Section 20-2-187, relating to state-wide school lunch program, instruction in nutrition, hygiene, etiquette, and social graces, and school food and nutrition, by amending paragraph (2) of subsection (c) as follows:
"(2) The base payment shall be calculated on the basis of an annual number of hours (190 days multiplied by eight hours) 1,520 hours in an annual school year for a full-time equivalent school lunch position, multiplied by an amount not less than $161.00 per month for 12 months. Future annual increases in the base payment shall reflect the same percentage increase provided by the state for other state funded positions. The state board shall annually establish a state performance standard and shall determine the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals based on the state performance standard and the average daily number of student lunches served during the preceding school year."

SECTION 4.
Said chapter is further amended in Code Section 20-2-306, relating to honors program and residential high school program, by revising subsection (b) as follows:
"(b) The State Board of Education is authorized to inaugurate and operate a residential high school program for highly gifted and talented youth of this state. This residential high school program shall consist only of students in the eleventh and twelfth grades. Enrollment shall be by student application and on a voluntary basis; provided, however, that the parent or legal guardian of each student must have signed an agreement authorizing enrollment in this program. This program shall be operated during the normal school year for a minimum of 180 days, or the equivalent thereof as determined in accordance with State Board of Education guidelines, in cooperation with one or more of the state universities or colleges from funds provided by the General Assembly. The state board is authorized to enter into cooperative agreements with the Board of Regents of the University System of Georgia concerning the operation and sharing of costs of this program. The state board shall prescribe policy, regulations, standards, and criteria as needed for the effective operation of this program."

SECTION 5.
Said chapter is further amended in Code Section 20-2-942, relating to procedure for nonrenewal after acceptance by teacher of school year contract for fourth consecutive school year, procedure for nonrenewal by another local board of education, professional certificated personnel, rights of school administrators, and tenure, by revising paragraph (2) of subsection (a) as follows:
"(2) 'School year' means a period of at least 180 school days, or the equivalent thereof as determined in accordance with State Board of Education guidelines, beginning in or about September and ending in or about June."

SECTION 5A.
Said chapter is further amended by revising Code Section 20-2-1181, relating to unlawful disruption of or interference with the operation of public schools or public school buses, as follows:
"20-2-1181.
It shall be unlawful for any person to knowingly and intentionally or recklessly disrupt or interfere with the operation of any public school, public school bus, or public school bus stop as designated by local school boards of education. Any person violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature."

SECTION 5B.
Said chapter is further amended by revising Code Section 20-2-147, relating to instructional activity concerning Veterans Day, as follows:
"20-2-147.
On a school day on or immediately preceding or as close to the annual observance of Veterans Day as practicable as determined by a school's scheduled curriculum, each elementary and secondary school may provide for instructional activity focusing on the contributions of veterans and the importance of the armed forces of the United States. Beginning in the 2010-2011 school year, public elementary and secondary schools may be closed on Veterans Day as provided in paragraph (1) of subsection (c) of Code Section 20-2-168."

SECTION 5C.
This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 5A of this Act shall apply with respect to conduct on or after that date, and conduct prior to that date shall continue to be governed by prior law.

SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.