sb231_LC_28_4801S_hss_5.html
09 LC 28 4801S

The House Committee on Higher Education offers the following substitute to SB 231:

A BILL TO BE ENTITLED
AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to provide for preparatory tests for college entrance exams; 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 remove the sunset provision from the Georgia Master Teacher Program; to provide for placement on the state salary schedule for an educator who has a leadership degree but is not in a leadership position; to establish the PROMISE III teacher's scholarship; to provide for eligibility requirements; to provide for service cancelable requirements; to provide for the maximum amount; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Part 2 of Article 6 of Chapter 2, relating to competencies and core curriculum under the "Quality Basic Education Act," by adding a new Code section to read as follows:
"20-2-146.1.
(a) In the event that state funding is provided to local school systems to offer the PSAT to its students, such state funding shall also be made available for purposes of offering the ACT PLAN assessment to such students.
(b) It shall be the choice of each student as to which preparatory assessment he or she elects to take."

SECTION 2.
Said title is further 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 3.
Said title 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 4.
Said title is further amended by revising Code Section 20-2-205, relating to the Georgia Master Teacher Program, as follows:
"20-2-205.
(a) The General Assembly finds that excellent public school teachers deserve recognition for the extraordinary learning opportunity they provide to Georgia students.
(b) The Professional Standards Commission is authorized and directed to establish the 'Georgia Master Teacher Program' to provide recognition to certificated public school teachers who exhibit excellence in the classroom.
(c) The Professional Standards Commission shall establish criteria for a Master Teacher Certification. Such criteria shall include, at a minimum, evidence of student achievement, which must include student progress. A public school teacher with three or more years of teaching experience in Georgia may submit an application to the Professional Standards Commission for a Master Teacher Certification. The Professional Standards Commission shall review each application and determine whether a teacher meets the criteria for a Master Teacher Certification. If the Professional Standards Commission finds that a teacher's application meets the criteria, the teacher will be given a Master Teacher Certification, and that teacher will be known as and may be called a Master Teacher for a term to be determined pursuant to rules and regulations of the Professional Standards Commission, but in no event longer than seven years. The Professional Standards Commission is authorized to develop rules and regulations governing the Master Teacher Certification.
(d) This Code section shall be repealed on June 30, 2009."

SECTION 5.
Said title is further amended in Code Section 20-2-212, relating to salary schedules for certificated personnel under the "Quality Basic Education Act," by revising subsection (a) as follows:
"(a) The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the Professional Standards Commission. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor's degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor's degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The placement of teachers on the salary schedule shall be based on certificate level and years of creditable experience, except that a teacher shall not receive credit for any year of experience in which the teacher received an unsatisfactory performance evaluation. For purposes of this subsection, an educator's placement on the salary schedule shall not be based on a leadership degree, which shall mean a degree earned in conjunction with completion of an educator leadership preparation program approved by the Professional Standards Commission, if the degree was earned on or after July 1, 2010, unless the educator is employed in a leadership position as defined by the State Board of Education but shall be placed on the salary schedule attributable to the educator but for the leadership certification; provided, however, that this shall not apply to an educator who possessed a leadership certificate prior to July 1, 2010, regardless of whether or not he or she is in a leadership position. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries, except as required by this Code section; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro rata portion of the respective salary prescribed by the schedule of minimum salaries, except as required by this Code section."

SECTION 6.
Said title is further amended by adding a new Code section to read as follows:
"20-3-519.15.
(a) To be eligible for a PROMISE III teacher's scholarship, a student seeking alternative certification as a teacher shall:
(1) Meet residency requirements by meeting the requirements to be classified as a legal resident of Georgia for purposes of the tuition equalization grant;
(2) Possess a bachelor's degree or higher;
(3) Be accepted for enrollment into an approved alternative teacher certification program in Georgia leading to initial certification. Such alternative program shall be a teacher certification program not offered by a public or private postsecondary institution as approved by the Professional Standards Commission; and
(4) Agree to teach in a public school in Georgia at the elementary, middle, or secondary level for one academic year for each $1,500.00 in PROMISE III teacher scholarship funds awarded and sign a promissory note that stipulates the cash repayment obligation incurred if the teaching service is not fulfilled.
(b) Subject to the amounts appropriated by the General Assembly and provisions relating to the scholarship shortfall reserve subaccount in Code Section 50-27-13, a PROMISE III teacher's scholarship shall not exceed a total of $3,000.00 per recipient.
(c) A student who terminates participation in the approved alternative teacher certification program or who is otherwise dropped from participation by the program shall not be eligible to continue receiving a PROMISE III teacher's scholarship. Such student shall also not be eligible to receive a PROMISE teacher's scholarship or a PROMISE II teacher's scholarship.
(d) A student shall not be eligible to receive a PROMISE III teacher's scholarship if such student is ineligible for certification by action of the Georgia Professional Standards Commission."

SECTION 7.
All laws and parts of laws in conflict with this Act are repealed.