06
SB390/AP
Senate
Bill 390
By:
Senators Chance of the 16th, Moody of the 56th, Carter of the 13th, Unterman of
the 45th, Staton of the 18th and others
AS PASSED
AS PASSED
AN
ACT
To
amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to financing for quality basic education, so as to
require local school systems to spend a minimum amount of operating funds on
direct classroom expenditures; to provide a short title; to provide for
definitions; to provide for incremental compliance; to provide for waivers; to
provide for sanctions for noncompliance; to provide for the submission of budget
and expenditure information; to provide for rules and regulations; to change
certain provisions relating to expenditure controls for fiscal years 2007 and
2008; 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.
This
Act shall be known and may be cited as the "Classrooms First for Georgia
Act."
SECTION
2.
Part
4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to financing for quality basic education, is amended by
inserting at the end of such part new Code sections to read as
follows:
∀20-2-171.
(a)
For purposes of this Code section, the term:
(1)
'Direct classroom expenditures' means all expenditures by a local school system
during a fiscal year for activities directly associated with the interaction
between teachers and students, including, but not limited to, salaries and
benefits for teachers and paraprofessionals; costs for instructional materials
and supplies; costs associated with classroom related activities, such as field
trips, physical education, music, and arts; and tuition paid to out-of-state
school districts and private institutions for special needs students. This term
shall not include costs for administration, plant operations and maintenance,
food services, transportation, instructional support including media centers,
teacher training, and student support such as nurses and guidance
counselors.
(2)
'Total operating expenditures' means all operating expenditures by a local
school system during a fiscal year, including expenditures from federal, state,
and local funds and from any other funds received by a local school system, such
as student activity fees. This term shall not include capital outlay
expenditures, debt or bond payments, interest on debt or bonds, facility leases,
or rental payments. This term shall also not include any costs which are
incurred by a local school system to comply with any mandate by statute or by
the Georgia Department of Education effective on or after January 1, 2006 to add
specific non-classroom staff positions.
(b)
Beginning with fiscal year 2008:
(1)
Each local school system shall spend a minimum of 65 percent of its total
operating expenditures on direct classroom expenditures, except as otherwise
provided in this subsection;
(2)
For any fiscal year in which a local school system has direct classroom
expenditures that are less than 65 percent of its total operating expenditures,
the local school system shall be required to increase its direct classroom
expenditures by a minimum of 2 percent per fiscal year as a percentage of total
operating expenditures, beginning in the subsequent fiscal year and each fiscal
year thereafter, until it reaches 65 percent. For fiscal year 2008, the
baseline year from which the required increase will be determined shall be based
on expenditure data from fiscal year 2007;
(3)
A local school system that has direct classroom expenditures that are less than
65 percent of its total operating expenditures and that is unable to meet the
expenditure requirements in paragraph (2) of this subsection may apply to the
State Board of Education for a one-year renewable achievement waiver. The
waiver request must include evidence that the local school system is exceeding
the state averages in academic categories designated by the board, which may
include, but not be limited to, criterion-referenced competency tests, the
Georgia High School Graduation Test, and the SAT, a plan for obtaining
compliance with this Code section, and any other information required at the
discretion of the board; and
(4)
A local school system that has direct classroom expenditures that are less than
65 percent of its total operating expenditures and that is unable to meet the
expenditure requirements in paragraph (2) of this subsection may apply to the
State Board of Education for a one-year renewable hardship waiver. Waivers
granted pursuant to this paragraph shall be limited to extreme situations in
which such situation is solely responsible for the local school
systeḿs
inability to meet the expenditure requirements. Such situations may include,
but are not limited to, Acts of God and inordinate unexpected increases in
energy and fuel costs. The waiver request must include revenue and expenditure
reports and specific details providing compelling evidence as to the impact that
the intervening extreme situation had on the local school
systeḿs
ability to comply with expenditure requirements and any other information
required at the discretion of the board.
(c)
The State Board of Education shall have the authority to impose sanctions
against a local school system that fails to comply with the provisions of this
Code section or any rules and regulations promulgated pursuant to subsection (e)
of this Code section. Such sanctions shall be at the discretion of the board
and may include, but not be limited to, requiring the local school system to
devise and implement a plan to meet the expenditure requirements of this Code
section in the subsequent fiscal year or withholding all or any portion of state
funds in accordance with Code Section 20-2-243.
(d)
The State Board of Education shall be authorized to require the submission of
budget information and expenditure data from local school systems for the
purposes of verifying compliance with this Code section.
(e)
The State Board of Education shall be authorized to promulgate rules and
regulations to implement the provisions of this Code section.
20-2-172.
(a)
For the purposes of fiscal years 2007 and 2008 only, the following change to
Code Section 20-2-167 shall apply: For each program identified in Code Section
20-2-161, each local school system shall spend 100 percent of funds designated
for direct instructional costs on the direct instructional costs of such program
on one or more of the programs identified in Code Section 20-2-161 at the system
level, with no requirement that the school system spend any specific portion of
such funds at the site where such funds were earned.
(b)
This Code section shall be automatically repealed on July 1,
2008.∀
SECTION
3.
This
Act shall become effective July 1, 2006.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.