09 LC 33
2855-EC
Senate
Bill 84
By:
Senators Heath of the 31st, Williams of the 19th, Cowsert of the 46th, Rogers of
the 21st, Johnson of the 1st and others
A
BILL TO BE ENTITLED
AN ACT
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 revise provisions relating to
eligibility for election as a local board of education member; to provide for
legislative findings; to limit the size of local boards of education; to revise
provisions relating to per diem and expenses of local board of education
members; to revise certain provisions relating to the secretary of local boards
of education; to provide for the fundamental roles of local boards of education
and local school superintendents; to prohibit certain conflicts of interest of
board members; to provide for a code of ethics for local board of education
members; to provide for removal of board members under certain circumstances; to
revise provisions relating to eligibility for appointment as a school
superintendent; to revise provisions relating to training of local board of
education members; to provide for submission of certain provisions of this Act
for preclearance under the federal Voting Rights Act of 1965, as amended; 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 by adding a new Code section to Article 3,
relating to local boards of education, to read as follows:
"20-2-49.
The
General Assembly finds that local boards of education play critical roles in the
operation and success of local school systems. School board members hold
special roles as trustees of public funds, including local, state, and federal
funds, while they focus on the singular objective of ensuring each student in
the local school system receives a quality basic education. Board duties
require specialized skills and training in the performance of vision setting,
policy making, approving multimillion dollar budgets, and hiring a qualified
superintendent. The motivation to serve as a member of a local board of
education should be the improvement of schools and academic achievement of all
students and not representation of a special interest group. Service on a local
board of education is not and should not be considered a job but instead is
citizen service. Given the specialized nature and unique role of membership on
a local board of education, this elected office should be characterized and
treated differently from other elected offices where the primary duty is
independently to represent constituent views. Local board of education members,
similar to judges and district attorneys, should abide by a code of conduct and
conflict of interest policy modeled for their unique roles and responsibilities.
And although there are many measures of the success of a local board of
education, one is clearly essential: maintaining local school system
accreditation and the opportunities it allows the school system's
students."
SECTION
2.
Said
chapter is further amended by revising Code Section 20-2-51, relating to
election of county board of education members, persons ineligible to be members
or superintendent, ineligibility for local boards of education, and
ineligibility for other offices, as follows:
"20-2-51.
(a)
No person shall be eligible for election as a member of a local board of
education who is not a resident of the school district in which that person
seeks election and of the election district which such person seeks to
represent. Whenever there is in a portion of any county a local school system
having a board of education of its own, receiving its pro rata of the public
school fund directly from the State School Superintendent and having no dealings
whatever with the local board, then the members of the board of such county
shall be selected from that portion of the county not embraced within the
territory covered by such local system.
(b)
Whenever a member of a local board of education moves that person's domicile
from the district which that person represents, such person shall cease to be a
member of such local board of education, and a vacancy shall occur.
(c)
No person
employed by or serving on the governing body of a private educational
institution shall be eligible to serve as a member of a local board of
education.
(1)
No person employed by a local board of education shall be eligible to serve as a
member of that board of education.
(2)
No person employed by the Department of Education or serving as a member of the
State Board of Education shall be eligible to serve as a member of a local board
of education.
(3)
No person who has an immediate family member sitting on a local board of
education or serving as the local school superintendent shall be eligible to
serve as a member of such local board of education. As used in this paragraph,
the term 'immediate family member' means a spouse, child, sibling, or parent or
the spouse of a child, sibling, or parent. This paragraph shall only apply to
local board of education members elected or appointed on or after July 1,
2009.
This
subsection shall not apply to institutions above the high school
level.
(d)
In all counties of this state having a population of not less than 500,000 or
more than 600,000 according to the United States decennial census of 1990 or any
future such census, the members of the county boards of education taking office
after December 1, 1975, shall not hold any other elective governmental office.
If any member of any such board should qualify at any time after December 1,
1975, for nomination or election to any other elective governmental office other
than for membership on such county board, such member's position on such county
board shall thereby become vacant. Such vacancy shall be filled as provided by
the law applicable to any such county board.
(e)
No person shall be eligible for election as a member of a local board of
education unless he or she:
(1)
Is a citizen of the United States;
(2)
Is a registered voter;
(3)
Has read and understands the code of ethics and the conflict of interest
provisions applicable to members of local boards of education and has agreed to
abide by them; and
(4)
Has agreed to annually disclose compliance with the State Board of Education's
policy on training for members of local boards of education, the code of ethics
of the local board of education, and the conflict of interest provisions
applicable to members of local boards of education.
Each
person offering his or her candidacy for election as a member of a local board
of education shall file an affidavit with the officer before whom such person
has qualified for such election prior to or at the time of qualifying, which
affidavit shall affirm that he or she meets all of the qualifications required
pursuant to this subsection. This subsection shall only apply to local board of
education members elected or appointed on or after July 1, 2009.
(f)
No person who has been judicially determined to be mentally incompetent shall be
eligible for election as a member of a local board of education unless the
disability determination has been removed. This subsection shall only apply to
local board of education members elected or appointed on or after July 1,
2009."
SECTION
3.
Said
chapter is further amended by revising Code Section 20-2-52, relating to terms
of office of members of local boards of education, as follows:
"20-2-52.
(a)
Members of local boards of education shall be elected for terms of four years
unless their terms are otherwise provided by local Act or constitutional
amendment.
(b)(1)
Each local board of education shall have no more than seven members as provided
by local Act.
(2)
This subsection shall not apply to a local board of education whose board size
exceeds seven members as provided by local constitutional amendment or federal
court order or pursuant to a local law in effect prior to July 1, 2009;
provided, however, that if the local law of any such local board of education is
amended to revise the number of members on such board, paragraph (1) of this
subsection shall apply."
SECTION
4.
Said
chapter is further amended by revising subsection (a) of Code Section 20-2-55,
relating to per diem, insurance, and expenses of local board members, as
follows:
"(a)
In any local school system for which no local Act is passed, members of the
local board of education shall, when approved by the local board affected,
receive a per diem of $50.00 for each day of attendance at
meetings
a meeting, as
defined in paragraph (2) of subsection (a) of Code Section
50-14-1, of the board
and while
meeting and traveling within or outside the state as a member of a committee of
the board on official business first authorized by a majority of the
board, plus reimbursement for actual
expenses necessarily incurred in connection therewith; provided, however, that
in any independent school system with a full-time equivalent (FTE) program count
of less than 4,000 students for which no local Act is passed, members of the
local board of education may, when approved by the affected local board, receive
a per diem of not less than $50.00 and not more than $100.00 for each day of
attendance at
meetings
a meeting, as
defined in paragraph (2) of subsection (a) of Code Section
50-14-1, of the board
and while
meeting and traveling within or outside the state as a member of a committee of
the board, plus reimbursement for actual
expenses. The accounts for such service and expenses shall be submitted for
approval to the local school superintendent. In all school
districts,
the compensation of members of local boards shall be paid only from the local
tax funds available to local boards for educational purposes."
SECTION
5.
Said
chapter is further amended by revising subsection (a) of Code Section 20-2-57,
relating to organization of county boards of education, as follows:
"(a)
Unless otherwise provided by local law or, in the absence of local law, by local
board policy, upon being called together by one of their number, the members of
the local board shall organize by selecting one of their number as chairperson
to serve as such during the term for which that person was chosen as a member of
the local board. The local school superintendent shall act as secretary of the
local board, ex officio. A majority of the local board shall constitute a
quorum for the transaction of business. The votes of a majority of the members
present shall be necessary for the transaction of any business or discharge of
any duties of the local board of education, provided there is a quorum present.
Any action taken by less than a majority of the board members may be rescinded
by a majority of the board members at the next regular meeting or within 30 days
of such action, whichever is later. It shall be the duty of the superintendent
or the
board's nominee as secretary to be present
at the meetings of the local board, to keep the minutes of its meetings and make
a permanent record of them, and to do any other clerical work it may direct the
superintendent to do. The superintendent
or the
board's nominee shall
record
cause to be
recorded in a book, to be provided for the
purpose, all official proceedings of the local board, which shall be a public
record open to the inspection of any person interested therein; and all such
proceedings, when so recorded, shall be signed by the chairperson and
countersigned by the secretary."
SECTION
6.
Said
chapter is further amended by revising Code Section 20-2-61, which is reserved,
as follows:
"20-2-61.
Reserved.
(a)
The fundamental role of a local board of education shall be to establish policy
for the local school system. The fundamental role of a local school
superintendent shall be to implement the policy established by the local board.
It shall not be the role of the local board of education or individual members
of such board to micromanage the superintendent in executing his or her duties,
but it shall be the duty of the local board to hold the local school
superintendent accountable in the performance of his or her duties. Local board
of education members shall be required to work together with the entire local
board of education and shall not have authority as independent elected officials
but shall only be authorized to take official action as members of the board as
a whole.
(b)
No local board of education shall delegate or attempt to delegate its
policy-making functions and duties to the local school superintendent through
contract or other means.
(c)
The local board of education shall perform duties and exercise those
responsibilities that are assigned to it by law or by rules of the State Board
of Education in carrying out the purposes and objectives of the Georgia
Constitution and applicable law.
(d)
The local school superintendent shall perform all duties required by Code
Section 20-2-109 and any other applicable
laws."
SECTION
7.
Said
chapter is further amended by revising Code Section 20-2-63, which is reserved,
as follows:
"20-2-63.
Reserved.
(a)(1)
No local board of education member or member of his or her immediate family
shall have an interest in a business organization or engage in any business,
transaction, or professional activity which is in substantial conflict with the
proper discharge of his or her duties in the public interest.
(2)
No local board of education member shall use or attempt to use his or her
official position to secure unwarranted privileges, advantages, or employment
for himself or herself, members of his or her immediate family, or
others.
(3)
No local board of education member shall act in his or her official capacity in
any matter where he or she, a member of his or her immediate family, or a
business organization in which he or she has an interest has a direct or
indirect financial involvement that might reasonably be expected to impair his
or her objectivity or independence of judgment.
(4)
No local board of education member shall undertake any employment or service,
whether compensated or not, which might reasonably be expected to prejudice his
or her independence of judgment in the exercise of his or her official
duties.
(5)
No local board of education member, or member of his or her immediate family, or
business organization in which he or she has an interest shall solicit or accept
any gift, favor, loan, political contribution, service, promise of future
employment, or other thing of value based upon an understanding that the gift,
favor, loan, contribution, service, promise, or other thing of value was given
or offered for the purpose of influencing him or her, directly or indirectly, in
the discharge of his or her official duties. This subsection shall not apply to
the solicitation or acceptance of contributions to the campaign of an announced
candidate for elective public office if the local board of education member has
no knowledge or reason to believe that the campaign contribution, if accepted,
was given with the intent to influence the local board of education member in
the discharge of his or her official duties.
(6)
No local board of education member shall use, or allow to be used, his or her
public office or employment or any information not generally available to the
members of the public which he or she receives or acquires in the course of and
by reason of his or her office or employment for the purpose of securing
financial gain for himself or herself, any member of his or her immediate
family, or any business organization with which he or she is
associated.
(7)
No local board of education member or business organization in which he or she
has an interest shall represent any person or party other than the local board
of education or local school system in connection with any cause, proceeding,
application, or other matter pending before the local school system in which he
or she serves or in any proceeding involving the local school system in which he
or she serves.
(8)
No local board of education member shall be prohibited from making an inquiry
for information on behalf of a constituent if no fee, reward, or other thing of
value is promised to, given to, or accepted by the local board of education
member or a member of his or her immediate family, whether directly or
indirectly, in return therefor.
(b)
Upon a motion supported by majority vote, a local board of education may choose
to conduct a hearing concerning the violation by a local board of education
member of any conflict of interest provision in subsection (a) of this Code
section. The local board of education member accused of violating said
provision shall have 30 days notice prior to a hearing on the matter. Said
accused member may bring witnesses on his or her behalf, and the local board of
education may call witnesses to inquire into the matter. If it is found by
majority vote that the accused member has violated a conflict of interest
provision contained in subsection (a) of this Code section, the local board
shall determine an appropriate sanction, up to and including removal from
office. If the sanctioned member is removed from office, the resulting vacancy
shall be filled in accordance with Code Section 20-2-54.1. The accused member
shall abstain from any vote taken pursuant to this
subsection."
SECTION
8.
Said
chapter is further amended by adding new Code sections to Article 3, relating to
local boards of education, to read as follows:
"20-2-72.
(a)
No later than October 1, 2009, the State Board of Education shall adopt a model
code of ethics for members of local boards of education. Such model code of
ethics shall also include appropriate consequences for violation of a provision
or provisions of such code.
(b)
No later than December 31, 2009, each local board of education shall adopt a
code of ethics that includes, at a minimum, the model code of ethics established
by the State Board of Education pursuant to subsection (a) of this Code
section.
20-2-73.
(a)
Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the
contrary, if a local school system is placed on probation or the equivalent
level of accreditation immediately preceding loss of accreditation by one or
more accrediting agencies included in subparagraph (6.1)(A) of Code Section
20-3-519, the Governor may, in his or her sole discretion, suspend the members
of the local board of education with pay and appoint temporary replacement
members who shall be otherwise qualified to serve as members of such
board.
(b)
Any local board of education member suspended under this Code section may
petition the Governor for reinstatement no earlier than 90 days following
suspension and no later than 120 days following suspension. In the event that a
suspended member does not petition for reinstatement within the allotted time
period, his or her suspension shall be converted into permanent removal, and the
temporary replacement member shall become a permanent member and serve out the
remainder of the term of the removed member.
(c)
Upon petition for reinstatement by a suspended local board of education member,
the Governor or his or her designated agent shall conduct a hearing for the
purpose of receiving evidence relative to whether the local board of education
member's continued service on the local board of education is more likely than
not to improve the ability of the local school system to retain its
accreditation. The appealing member shall be given at least 30 days notice
prior to such hearing. Such hearing shall be held in accordance with Chapter 13
of Title 50, the 'Georgia Administrative Procedure Act,' except that the
individual conducting the hearing shall have the power to call witnesses and
request documents on his or her own initiative. For purposes of said chapter
and any hearing conducted pursuant to this Code section, the Governor shall be
considered the 'agency' and the Attorney General or his or her designee shall
represent the interests of the Governor in the hearing. If it is determined
that it is more likely than not that the local board of education member's
continued service on the local board of education improves the ability of the
local school system to retain its accreditation, the member shall be immediately
reinstated. If it is determined that it is more likely than not that the local
board of education member's continued service on the local board of education
does not improve the ability of the local school system to retain its
accreditation, the member shall be permanently removed, and the temporary
replacement member shall become a permanent member and serve out the remainder
of the term of the removed member. Judicial review of any such decision shall
be in accordance with Chapter 13 of Title 50.
(d)
This Code section shall only apply to local board of education members elected
or appointed on or after July 1,
2009."
SECTION
9.
Said
chapter is further amended by revising subsection (b) of Code Section 20-2-101,
relating to appointment of county school superintendents, as
follows:
"(b)(1)
No person shall be eligible to be appointed or employed as superintendent of
schools of any county or independent school system unless such person is of good
moral character, has never been convicted of any crime involving moral
turpitude, and possesses acceptable business or management experience as
specified by the Professional Standards Commission or the minimum valid
certificate or a letter of eligibility for said certificate required by the
Professional Standards Commission.
(2)
No person shall be eligible to be appointed, employed, or to serve as
superintendent of schools of any county or independent school system who has an
immediate family member hired as or promoted to a principal, assistant
principal, or system administrative staff on and after July 1, 2009, by that
school system. As used in this subsection, the term 'immediate family member'
shall have the same meaning as in subsection (c) of Code Section 20-2-51.
Nothing in this Code section shall affect the employment of any person who is
employed by a local school system on or before July 1, 2009, or who is employed
by a local school system when an immediate family member becomes the
superintendent for that school
system."
SECTION
10.
Said
chapter is further amended by revising subsection (b) of Code Section 20-2-230,
relating to staff development programs, as follows:
"(b)(1)
No later than October 1, 2009, the State Board of Education shall establish a
training program for members of local boards of education.
(2)
No later than December 31, 2009, each local board of education and each
governing board of other local units of administration shall adopt a training
program for members of such boards that includes, at a minimum, the training
program and requirements established by the State Board of Education pursuant to
paragraph (1) of this subsection.
All new
members of governing boards of local units of administration shall, before or
within one year after assuming office, receive at least 12 hours of orientation
to the educational program objectives of Georgia and instruction in school
finance; school law, with special emphasis on the 'Quality Basic Education Act';
responsiveness to the community; the ethics, duties, and responsibilities of
local governing board members; annual performance evaluation of the school
superintendent and the local board of education; and such other topics as the
State Board of Education may deem to be necessary; provided, however, that at
least six of these 12 hours of training shall be specifically related to
education finance, generally accepted accounting principles, and budgeting. The
board of education of the Department of Juvenile Justice shall be exempt from
the six hours of training in education finance, generally accepted accounting
principles, and budgeting. All members of boards of local units of
administration are required to participate in at least one day of training
annually to ensure the effective management and operation of local units of
administration. The Georgia Education Leadership Academy is authorized, in
cooperation with the Georgia School Boards Association or other agencies and
associations, to conduct workshops annually to provide such instruction and to
present to each board member completing such annual workshop for the first time
an appropriate certificate. The Georgia Education Leadership Academy shall adopt
such procedures as may be necessary to verify the attendance at such annual
workshops of veteran members of boards of local units of
administration.
(3)
All boards of local units of administration are authorized to pay such board
members for
attendance at a required training program
the same per diem as authorized by local or general law for attendance at
regular or
special meetings, as well as reimbursement
of actual expenses for travel, lodging, meals, and registration fees for such
workshops
training,
either before or after such board members assume office."
SECTION
11.
The
Attorney General of Georgia shall cause Sections 2, 3, 7, and 8 of this Act to
be submitted for preclearance under the federal Voting Rights Act of 1965, as
amended, and such submission shall be made to the United States Department of
Justice or filed with the appropriate court no later than 45 days after the date
on which this Act is approved by the Governor or becomes law without such
approval. If, as of June 30, 2010, implementation of any of the submitted
sections of this Act are not permissible under the Voting Rights Act of 1965, as
amended, then as of such date, such section or sections of this Act shall be
void and shall stand repealed in their entirety.
SECTION
12.
All
laws and parts of laws in conflict with this Act are repealed.