09 SB
231/HCSFA
HOUSE
SUBSTITUTE TO SENATE BILL 231
A
BILL TO BE ENTITLED
AN ACT
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 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 provide that a public school
student can attend any school in the local school system under certain
conditions; to provide for continued attendance at such school; to provide for
statutory construction; 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 require legislative approval
for the creation, consolidation, suspension, or discontinuation of a technical
college or institution under the State Board of Technical and Adult Education;
to change the name of the State Board of Technical and Adult Education to the
State Board of the Technical College System of Georgia; to amend various
provisions of the Official Code of Georgia Annotated to change references to
reflect such name change; 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.
"Reserved."
SECTION
3.
"Reserved."
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
5A.
Said title is further amended in Part 13 of Article 6 of Chapter 2, relating to organization of schools and school systems under the "Quality Basic Education Act," by adding a new Code section to read as follows:
Said title is further amended in Part 13 of Article 6 of Chapter 2, relating to organization of schools and school systems under the "Quality Basic Education Act," by adding a new Code section to read as follows:
"20-2-295.
(a)
Beginning in school year 2010-2011, the parent or guardian of a student enrolled
in a public elementary or secondary school in this state may elect to enroll
such student in a public school that is located within the school system in
which the student resides other than the one to which the student has been
assigned by the local board of education if such school has classroom space
available after its assigned students have been enrolled. The parent or guardian
shall assume the responsibility and cost of transportation of the student to and
from the school.
(b)
No later than July 1, 2010, each local school system shall establish a
universal, streamlined process available to all students to implement the
transfer requirements of subsection (a) of this Code section.
(c)
A student who transfers to another school pursuant to this Code section may, at
his or her election, continue to attend such school until the student completes
all grades of the school.
(d)
This Code section shall not be construed to affect any student currently
attending a school other than the school to which the student has been assigned
by the local board of education pursuant to a transfer authorized under the
federal No Child Left Behind Act (P.L.
107-110)."
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
6A.
Said title is further amended by revising Code Section 20-4-10, relating to the establishment of the State Board of Technical and Adult Education, as follows:
Said title is further amended by revising Code Section 20-4-10, relating to the establishment of the State Board of Technical and Adult Education, as follows:
"20-4-10.
(a)
There is established
a
the State
Board of the Technical College System of Georgia, formerly known as
the State Board of Technical and Adult
Education consisting of not fewer than one member from each congressional
district and nine at-large members who shall be appointed by the Governor and
confirmed by the Senate for five-year terms. Board members in office on June 30,
2000, shall serve out the remainder of their respective terms. Upon expiration
of those terms, the Governor shall appoint seven successors to two-year terms,
six successors to three-year terms, and six successors to five-year terms. All
subsequent appointments shall be for regular five-year terms. Members shall
represent business, industry, or economic development. The board shall elect
from its members a chairperson, vice chairperson, and such other officers as are
considered necessary, each to serve for two-year terms. Officers may be elected
to succeed themselves. Members shall serve until their successors are appointed;
however, in the event of a vacancy on the board because of death, resignation,
or removal for any reason other than expiration of a member's term, the Governor
shall fill such vacancy in the same manner as the original appointment and the
person so appointed shall serve for the unexpired term of office.
(b)
As used in this article, the term 'state board' means the State Board of
Technical
and Adult Education
the Technical
College System of
Georgia."
SECTION
6B.
The
following Code sections of the Official Code of Georgia Annotated are amended by
replacing "State Board of Technical and Adult Education," "Board of Technical
and Adult Education" or "board of technical and adult education," wherever any
such term occurs with "State Board of the Technical College System of
Georgia":
(1)
Code Section 12-5-127, relating to the licensing of water well
contractors;
(2)
Code Section 12-11-11, relating to the Conservation Corps Advisory
Council;
(3)
Code Section 20-1-22, relating to definitions relative to the "Drug-free
Postsecondary Education Act of 1990";
(4)
Code Section 20-1-26, relating to promulgation of administrative procedures for
implementation of the "Drug-free Postsecondary Education Act of
1990";
(5)
Code Section 20-2-161.1, relating to academic credit for enrollment in
postsecondary courses;
(6)
Code Section 20-2-169, relating to receipt of federal funds for career,
occupational, or technical education;
(7)
Code Section 20-4-11, relating to the powers of the State Board of Technical and
Adult Education;
(8)
Code Section 20-4-12, relating to expenses and mileage allowance for the State
Board of Technical and Adult Education;
(9)
Code Section 20-4-13, relating to meetings of the State Board of Technical and
Adult Education;
(10)
Code Section 20-4-14, relating to the establishment of the Technical College
System of Georgia;
(11)
Code Section 20-4-15, relating to the establishment of adult literacy
programs;
(12)
Code Section 20-4-16, relating to funding for adult literacy programs and
postsecondary technical education programs;
(13)
Code Section 20-4-19, relating to conformity to board standards, policies, and
procedures of adult literacy programs;
(14)
Code Section 20-4-21, relating to tuition fees for the Technical College System
of Georgia;
(15)
Code Section 20-4-24, relating to use of personnel by local units of
administration in the Technical College System of Georgia;
(16)
Code Section 20-4-25, relating to membership in the retirement
system;
(17)
Code Section 20-4-35, relating to the reduction in force policy;
(18)
Code Section 20-4-40, relating to the establishment of the quick start training
program;
(19)
Code Section 20-4-41, relating to the extent and nature of the quick start
training program to be offered;
(20)
Code Section 20-4-43, relating to agreements for local facilities and employees
for training;
(21)
Code Section 20-4-44, relating to qualifications of employees of the quick start
training program;
(22)
Code Section 20-4-45, relating to equipment procurement and use for the quick
start training program;
(23)
Code Section 20-4-46, relating to standards, rules, and regulations of the quick
start training program;
(24)
Code Section 20-4-47, relating to acceptance of federal and private
grants;
(25)
Code Section 20-13-8, relating to licensure of the Georgia Public
Telecommunications Commission;
(26)
Code Section 20-13-9, relating to content of instructional
television;
(27)
Code Section 20-14-3, relating to membership, officers, and meetings of the
Education Coordinating Council;
(28)
Code Section 20-14-50, relating to the adoption of performance measures, report
cards, and audit under the postsecondary accountability assessment
program;
(29)
Code Section 20-16-2, relating to definitions relative to the "Georgia Higher
Education Facilities Authority Act";
(30)
Code Section 20-16-3, relating to the creation of the Georgia Higher Education
Facilities Authority;
(31)
Code Section 20-16-4, relating to the powers of the Georgia Higher Education
Facilities Authority;
(32)
Code Section 38-3-22.2, relating to the establishment of Airport Anti-Terrorism
Training Committee;
(33)
Code Section 42-2-5.1, relating to special school district for school age youth
and education programs for adult offenders;
(34)
Code Section 43-14-6, relating to powers and duties of divisions relating to
electrical contractors, plumbers, conditioned air contractors, low-voltage
contractors, and utility contractors,;
(35)
Code Section 45-7-21, relating to expense allowance and travel cost
reimbursement for members of certain boards and commissions;
(36)
Code Section 45-12-132, relating to contracts exempt from certain
requirements;
(37)
Code Section 50-20-8, relating to applicability of provisions for relations with
nonprofit contractors; and
(38)
Code Section 50-36-1, relating to verification of lawful presence within United
States.
SECTION
6C.
Said
title is further amended in Article 2 of Chapter 4, relating to technical and
adult education, by adding a new Code section to read as follows:
"20-4-37.
On
and after July 1, 2010, no creation, consolidation, suspension, or
discontinuation of a technical college or institution under the State Board of
Technical and Adult Education shall be effective or have any force and effect
unless approved by the General Assembly in accordance with this Code section.
Legislative approval shall be by Act of the General Assembly or the adoption of
a joint resolution of the General
Assembly."
SECTION
7.
All
laws and parts of laws in conflict with this Act are repealed.