Bill Text: GA HB1130 | 2009-2010 | Regular Session | Comm Sub

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Bill Title: Maximum class size; certain laws and requirements; temporarily suspend

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2010-03-11 - House Committee Favorably Reported [HB1130 Detail]

Download: Georgia-2009-HB1130-Comm_Sub.html

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10 LC 33 3660S

The House Committee on Education offers the following substitute to HB 1130:

A BILL TO BE ENTITLED
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 temporarily suspend 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 temporarily suspend under certain conditions certain laws and requirements relating to maximum class size; to require a hearing; to provide for accountability; to provide for statutory construction; to provide for automatic repeal of such suspension; to provide for related matters; to provide for an effective date; 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 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 2010-2011, 2011-2012, and 2012-2013 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, 2013."

SECTION 2.

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 2010-2011, 2011-2012, and 2012-2013 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, 2013."

SECTION 3.

Said article is further amended by adding a new Code section to read as follows:

"20-2-245.

(a) From the effective date of this Code section through June 30, 2013, Code Section 20-2-182 shall be suspended and shall not apply to nor be enforceable against a local school system if such local school system complies with subsection (b) of this Code section; provided, however, that maximum class sizes in kindergarten through grade 5 shall only be exceeded by one student and class sizes in grades 6 through 12 shall only be exceeded by two students; provided, further, that the State Board of Education in its sole discretion shall be authorized to approve through June 30, 2013, up to one additional student per class above these limits for any grade upon request by a local board of education.

(b) A local board of education which elects to avail itself of the suspension of Code Section 20-2-182 contained in subsection (a) of this Code section shall:

(1) Provide 30 days notice of such intention including the rationale for needing suspension of Code Section 20-2-182; and

(2) Conduct a public hearing for the purpose of providing an opportunity for full discussion and public input. The public hearing shall be advertised at least seven days prior to the date of such hearing in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised.

Upon compliance with the requirements of this subsection, the local board of education may adopt a resolution electing to avail itself of the suspension of Code Section 20-2-182 contained in subsection (a) of this Code section.

(c) In order to retain the suspension of Code Section 20-2-182 contained in subsection (a) of this Code section, a local school system shall meet minimum performance measures as established by the State Board of Education, including both total scores and any needed targeted subgroups on the following, as applicable to the grade level or levels for which the suspension applies:

(1) High school graduation rates;

(2) SAT or ACT performance;

(3) State standardized test data, which may include criterion-referenced competency tests, the Georgia High School Graduation Test, end-of-course assessments, or a combination thereof; and

(4) Advanced placement or international baccalaureate participation and performance;

provided, however, that even if a local school system meets such minimum performance measures, it will not retain the suspension of Code Section 20-2-182 contained in subsection (a) of this Code section unless the school system maintains or exceeds its performance levels in these areas as compared with the previous school year.

(d) If a local board of education complies with the requirements of subsection (b) of this Code section and continues to meet the minimum performance measures in subsection (c) of this Code section, no penalty shall be applied to the local school system for not complying with the requirements contained in Code Section 20-2-182 pursuant to subsection (a) of this Code section, notwithstanding any law to the contrary.

(e) Nothing in this Code section shall be construed to repeal any other provision of this chapter.

(f) This Code section shall be automatically repealed on July 1, 2013."

SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5.

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