09 LC 33
3199S
The
Senate Education and Youth Committee offered the following substitute to HB
278:
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 provide for
enrollment counts for students in certain dual enrollment programs; to provide
for requirements for weighting of students in certain dual enrollment courses
under the Quality Basic Education Formula; to temporarily waive certain
expenditure controls relating to funds earned for direct instructional costs,
media center costs, staff and professional development costs, and additional
days of instruction; to provide for automatic repeal; to revise certain
provisions relating to organization of schools, middle school programs, and
scheduling; 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 20-2-160, relating to determination of enrollment by institutional
program, as follows:
"(a)
The State Board of Education shall designate the specific dates upon which two
counts of students enrolled in each instructional program authorized under this
article shall be made each school year and by which the counts shall be reported
to the Department of Education. The initial enrollment count shall be made
after October 1 but prior to November 17 and the final enrollment count after
March 1 but prior to May 1. The report shall indicate the student's specific
assigned program for each one-sixth segment of the school day on the designated
reporting date. No program shall be indicated for a student for any one-sixth
segment of the school day that the student is assigned to a study hall; a
noncredit course; a course recognized under this article or by state board
policy as an enrichment course, except a driver education course; a course which
requires participation in an extracurricular activity for which enrollment is on
a competitive basis; a course in which the student serves as a student assistant
to a teacher, in a school office, or in the media center, except when such
placement is an approved work site of a recognized career or vocational program;
an individual study course for which no outline of course objectives is prepared
in writing prior to the beginning of the course; a course taken through the
Georgia Virtual School pursuant to Code Section 20-2-319.1; or any other course
or activity so designated by the state board. For the purpose of this Code
section, the term 'enrichment course' means a course which does not dedicate a
major portion of the class time toward the development and enhancement of one or
more student competencies as adopted by the state board under Code Section
20-2-140. A program shall not be indicated for a student for any one-sixth
segment of the school day for which the student is not enrolled in an
instructional program or has not attended a class or classes within the
preceding ten days; nor shall a program be indicated for a student for any
one-sixth segment of the school day for which the student is charged tuition or
fees or is required to provide materials or equipment beyond those authorized
pursuant to Code Section 20-2-133. A student who is enrolled in an eligible
institution under the program established in Code Section 20-2-161.1 may be
counted for the high school program for only that portion of the day that the
student is attending the high school for those segments that are eligible to be
counted under this subsection.
A student who
is enrolled in a dual enrollment program other than as established in Code
Section 20-2-161.1 shall be counted for the high school program or other
appropriate program for each segment in which the student is attending the high
school or attending a postsecondary course conducted at the high school, as long
as the dual enrollment program is provided (1) at a charter school or (2) at a
high school pursuant to an agreement between the local school system and a
postsecondary institution if such agreement has been approved by the State Board
of Education. The state board shall adopt
such regulations and criteria as necessary to ensure objective and true counts
of students in state approved instructional programs. The state board shall
also establish criteria by which students shall be counted as resident or
nonresident students, including specific circumstances which may include, but
not be limited to, students attending another local school system under court
order or under the terms of a contract between two local school systems. If a
local school system has a justifiable reason, it may seek authority from the
state board to shift full-time equivalent program counts from the designated
date to a requested alternate date."
SECTION
2.
Said
article is further amended in Code Section 20-2-161, relating to the Quality
Basic Education Formula, by adding a new subsection to read as
follows:
"(c.1)
For purposes of calculating the annual allotment of funds to each local school
system, a student who is enrolled in a dual enrollment program other than as
established in Code Section 20-2-161.1 shall be counted for the high school
program or other appropriate program for each segment in which the student is
attending the high school or attending a postsecondary course conducted at the
high school, as long as the dual enrollment program is provided (1) at a charter
school or (2) at a high school pursuant to an agreement between the local school
system and a postsecondary institution if such agreement has been approved by
the State Board of
Education."
SECTION
3.
Said
article is further amended in Code Section 20-2-167, relating to funding for
direct instructional, media center, and staff development costs, by adding a new
subsection to read as follows:
"(f)(1)
For school years 2008-2009 and 2009-2010 only, the expenditure controls
contained in subsection (a) of this Code section relating to direct
instructional costs, media center costs, and staff and professional development
costs shall be waived and shall not apply to nor be enforceable against a local
school system.
(2)
Each local school system shall report to the Department of Education its budgets
and expenditures of the funds received pursuant to this Code section as a part
of its report in October for the FTE count and on March 15.
(3)
No penalty shall be applied to a local school system for failure to comply with
expenditure controls set out in subsection (a) of this Code section that are
contrary to this subsection, notwithstanding any law to the contrary, as long as
such local school system complies with this subsection.
(4)
Nothing in this Code section shall be construed to repeal any other provision of
this Code section or this chapter.
(5)
This subsection shall be automatically repealed on July 1,
2010."
SECTION
4.
Said
article is further amended by revising Code Section 20-2-184.1, relating to
funding for additional days of instruction, as follows:
"20-2-184.1.
(a)
The program weights for the kindergarten, kindergarten early intervention,
primary, primary grades early intervention, upper elementary, upper elementary
grades early intervention, middle grades, middle school, and remedial programs
and the program weights for the high school programs authorized pursuant to
paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied
by the base amount, shall reflect sufficient funds to pay the beginning salaries
for instructors needed to provide 20 additional days of instruction for 10
percent of the full-time equivalent count of the respective program. Such funds
shall be used for addressing the academic needs of low-performing students with
programs including, but not limited to, instructional opportunities for students
beyond the regular school day, Saturday classes, intersession classes, and
summer school classes. Following the midterm adjustment, the state board shall
issue allotment sheets for each local school system. Each local school system
shall spend 100 percent of the funds designated for additional days of
instruction for such costs at the system level. Up to 15 percent of funds
designated for additional days of instruction may be spent for transportation
costs incurred for transporting students who are attending the additional
classes funded by these designated funds.
(b)(1)
For school years 2008-2009 and 2009-2010 only, the expenditure controls
contained in subsection (a) of this Code section relating to additional days of
instruction shall be waived and shall not apply to nor be enforceable against a
local school system.
(2)
Each local school system shall report to the Department of Education its budgets
and expenditures of the funds received pursuant to this Code section as a part
of its report in October for the FTE count and on March 15.
(3)
No penalty shall be applied to a local school system for failure to comply with
expenditure controls set out in subsection (a) of this Code section that are
contrary to this subsection, notwithstanding any law to the contrary, as long as
such local school system complies with this subsection.
(4)
Nothing in this Code section shall be construed to repeal any other provision of
this Code section or this chapter.
(5)
This subsection shall be automatically repealed on July 1,
2010."
SECTION
5.
Said
article is further amended in Code Section 20-2-290, relating to the
organization of schools, middle school programs, and scheduling, as
follows:
"20-2-290.
(a)(1)
The board of education of any local school system is authorized to organize or
reorganize the schools and fix the grade levels to be taught at each school in
its jurisdiction.
Local
school systems which have organized their schools in such a manner that
facilities
Schools
which house grades six, seven,
and eight
or grades seven and
or
eight, or any
combination thereof, shall qualify for the
middle school program for
students in
grade levels so housed. A school which houses grades other than six, seven, or
eight shall only be eligible if it has a full-time principal for grades seven
and eight or six, seven, and eight and another full-time principal for grades
above or below the middle school grades;
provided, however, that such schools also meet all other provisions of this Code
section and
criteria and standards prescribed by the State Board of
Education.
Schools
with students in the sixth grade shall not be eligible for the middle school
program if the sixth grades are not housed in middle schools which also contain
both grades seven and eight. Further, two
or more adjacent local school systems shall qualify for the middle school
program if through their contractual arrangement they jointly meet the
requirements of this Code section and the criteria and standards prescribed by
the state board.
(2)
The board of education of any local school system shall be authorized to employ
school administrative managers in lieu of or in addition to assistant
principals. Such school administrative managers shall not be required to be
certificated by the Professional Standards Commission but shall have such
qualifications as determined by the local board with a minimum requirement of a
bachelor's degree. The duties of school administrative managers shall be to
oversee and manage the financial and business affairs of the school. The
principal shall retain authority over the curriculum and instructional areas.
The school administrative manager shall report directly to the principal. In
the event that a local board considers hiring or utilizing school administrative
managers pursuant to this subsection, it shall receive and give all due
consideration to recommendations by the school council as to whether or not to
utilize such position and as to selection of the manager. Existing employees of
the local board shall be eligible to serve as school administrative managers if
they meet other qualifications and requirements established by the local board
for such position. For purposes of earning funds for such positions, school
administrative managers shall be treated in all respects the same as assistant
principals.
(b)
Except as
otherwise provided in subsection (c) of this Code section, local
Local
boards of education shall schedule each middle school so as to provide the
following:
(1)
A minimum of five hours of instruction in English and language arts, reading,
mathematics, science, social studies, and such other academic subjects as the
State Board of Education shall
prescribe.
For students not performing on grade level, as defined by the Office of Student
Achievement, the minimum of five hours shall include such remedial academic
instruction in English and language arts, reading, mathematics, science, or
social studies as required to bring such students to grade level performance
with the priority for such remediation being placed on reading and mathematics
or as otherwise determined by the student's team of academic teachers; provided
that, in making such a determination the team shall consider the student's
performance on the criterion-referenced assessments authorized in Code Section
20-2-181;
(2)
Beyond the minimum of five hours of academic instruction, the local board shall
have the authority to schedule for the remainder of the day such academic or
exploratory classes as the State Board of Education shall prescribe; provided,
however, that a student shall be allowed to take additional academic classes
instead of exploratory classes if the parent or guardian of such a student
requests such assignment, subject to availability; and
(3)
An interdisciplinary team of academic teachers with common planning time of a
minimum of 55 minutes.
(c)
Local schools may apply to the state board for an exception to the schedule set
out in subsection (b) of this Code section in order to schedule a minimum of 4.5
hours of academic instruction. If the local school has achieved an acceptable
rating for the preceding year, the state board shall grant the application for
an exception.
(d)(c)
Local school systems shall comply with subsection (b)
or (c)
of this Code section in order to qualify
for the middle school program.
(e)(d)
If a local school system has a combination of qualified and nonqualified
schools, it shall qualify for the middle school program only for those students
counted in the full-time equivalent count for the middle school program in
qualified middle schools."
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.