Senate Bill 4
By: Senators Dolezal of the 27th, Beach of the 21st, Robertson of the 29th, Walker III of the
20th, Watson of the 1st and others
AS PASSED SENATE
A BILL TO BE ENTITLED
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 the fundamental
roles of local boards of education and local school superintendents; to provide for
requirements for the model code of ethics for local boards of education to be promulgated
by the State Board of Education; to provide for public complaints alleging ethics code
violations by members of local boards of education; to provide for required and prohibited
topics in training programs for local board of education members; to provide for a sanction
for noncompliance; to provide for an effective date; 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 in Article 3, relating to local boards of education, by
revising Code Section 20-2-61, relating to fundamental roles of local boards of education and
local school superintendents, as follows:
"20-2-61.
(a) The fundamental role of a local board of education shall be to establish policy for the
local school system with the focus on student achievement. The fundamental role of a
local school superintendent shall be to implement the policy established by the local board.
It <del>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</del> shall be the duty
of the local board to hold the local school superintendent accountable in the performance
of his or her duties; <del>provided, however, that requesting and reviewing financial data and
documents shall not constitute micromanaging.</del> No individual member <ins>of a local board
</ins> shall discuss any individual personnel matter with the <ins>local school</ins> superintendent or other
school personnel except as provided for in Code Section 20-2-943, <del>Code
Section</del> 20-2-989.7, <del>Code Section</del> 20-2-989.8, <del>Code Section</del> 20-2-1160, <del>Code
Section</del> 50-14-3, or <del>Code Section</del> 50-14-4 or as otherwise authorized by law; provided,
however, that the mere referral of a personnel matter to the <ins>local school</ins> superintendent
shall not be prohibited. Local board of education members should 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.
Nothing in this subsection shall be construed to alter, limit, expand, or enlarge any powers,
duties, or responsibilities of local boards of education, local board members, or local school
superintendents.
(b) Except as may be allowed by law, no local board of education shall delegate or attempt
to delegate its policy-making functions."
SECTION 2.
Said chapter is further amended in said article by revising Code Section 20-2-72, relating to
code of ethics for local board of education members, as follows:
"20-2-72.
(a) The State Board of Education shall adopt a model code of ethics for members of local
boards of education by October 1, <del>2010</del> <ins>2025. Such model code of ethics shall be
consistent with and shall not alter the fundamental roles of local boards of education and
local school superintendents as provided for in Code Section 20-2-61, and nothing in such
model code of ethics shall alter, limit, expand, or enlarge any powers, duties, or
responsibilities of local boards of education, local board members, or local school
superintendents.</ins> Such model code of ethics shall <del>also</del> <ins>provide for individuals who are
18 years of age or older and who reside within the local school system to file a complaint
with the Professional Standards Commission alleging a violation of the code of ethics by
one or more members of the local board of education. Such model code of ethics shall
</ins> include appropriate consequences for violation of a provision or provisions of such code.
The State Board of Education may periodically adopt revisions to such model code as it
deems necessary.
(b) Within three months of adoption by the State Board of Education of a model code of
ethics pursuant to subsection (a) of this Code section, each local board of education shall
adopt a code of ethics that includes, at a minimum, such model code of ethics. Each local
board of education shall incorporate into its code of ethics any revisions adopted by the
State Board of Education to the model code of ethics pursuant to subsection (a) of this
Code section within three months of adoption of such revisions."
SECTION 3.
Said chapter is further amended in Part 7 of Article 6, relating to staff development under the
"Quality Basic Education Act," by revising Code Section 20-2-230, relating to programs, as
follows:
"20-2-230.
(a) All public school officials and professional personnel certificated by the Professional
Standards Commission shall be provided the opportunity to continue their development
throughout their professional careers. The primary purpose of the staff development
sponsored or offered by local boards of education and the Department of Education shall
be the implementation of this policy. Two additional purposes of such staff development
programs shall be to adopt into general practice the findings of scientifically designed
research which has been widely replicated, particularly as it relates to teacher and school
effectiveness, and to address professional needs and deficiencies identified during the
process of objective performance evaluations.
(b)(1) <ins>By October 1, 2025, the</ins> <del>The</del> State Board of Education shall adopt a training
program for members of local boards of education <ins>that complies with the provisions of
subsection (b.1) of this Code section</ins> <del>by July 1, 2011.</del> The State Board of Education may
periodically adopt revisions to such training program as it deems necessary.
(2) Within three months of adoption by the State Board of Education of a training
program pursuant to paragraph (1) of this subsection, each local board of education shall
adopt a training program for members of such boards that includes, at a minimum, such
training program and requirements established by the State Board of Education pursuant
to paragraph (1) of this subsection. Each local board of education shall incorporate any
revisions adopted by the State Board of Education to the training program pursuant to
paragraph (1) of this subsection within three months of adoption of such revisions.
(3) All local boards of education 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 meetings, as well as reimbursement of actual
expenses for travel, lodging, meals, and registration fees for such training, either before
or after such board members assume office.
<ins>(4) Except as provided in subsections (c) and (d) of this Code section, members of local
boards of education shall not be required to participate in the training program for
members of local boards of education provided for in this subsection.
(b.1)(1) The training program for members of local boards of education required by
subsections (c) and (d) of this Code section shall include, but shall not be limited to, the
following topics:
(A) The authority of the local board of education rests with the board as a whole and
not with individual board members;
(B) The duty of local boards of education to establish policy for the local school
system with the focus on student achievement;
(C) Code of ethics for local board of education members and conflicts of interest;
(D) Strategic planning and operational and financial management;
(E) The constitutional and statutory authority for local boards of education to set the
local school tax rate for the support and maintenance of education and to impose, levy,
and collect a sales and use tax for educational purposes;
(F) The duty of local boards of education to propose and approve an annual operating
budget;
(G) Funding sources, reserve funds, and capital accumulation funds;
(H) Facilities planning and capital outlay programs;
(I) Accreditation;
(J) Flexibility models: strategic waivers school systems and charter systems;
(K) Local board of education and community relations;
(L) Board meetings: parliamentary procedure, the role of board chairs, professionalism
and decorum, conflict resolution and the value of courteous dissent, and public
participation and stakeholder engagement;
(M) Roles, responsibilities, and relations of and between local boards of education and
local school superintendents;
</ins>
<ins>(N) Employment and evaluation of the local school superintendent;
(O) Compliance with federal, state, and local laws, including, but not limited to, laws,
rules, and regulations relating to:
(i) Students with disabilities;
(ii) Student codes of conduct and student discipline; and
(iii) The rights of students' parents and guardians; and
(P) Compliance with the Georgia open meetings and open records laws.
(2)(A) The training program for members of local boards of education required by this
Code section shall not include any of the following statements, recommendations, or
suggestions:
(i) That local boards of education are encouraged, expected, or required to act
unanimously;
(ii) That local boards of education are not authorized to request information from
local school system administrators;
(iii) That local boards of education shall defer to the local school superintendent on
budget and tax matters;
(iv) That local boards of education or members or employees thereof should lobby
the General Assembly on any specific topic; or
(v) That are for or against current, pending, past, or future legislation affecting public
schools or local school systems.
(B) Any provider of the training program for members of local boards of education
required by this Code section, other than the Department of Education or the
Department of Audits and Accounts, that is found by the State Board of Education to
have failed to comply with the provisions of subparagraph (A) of this paragraph shall
not be eligible to be an approved provider of such training services to local boards of
education for a period of three years from the date of such finding by the State Board
of Education.
</ins>
(c) The State Board of Education shall require each newly elected member of a local board
of education to receive guidance and training regarding his or her own local school
system's most recent audit findings and the risk status of the local school system as
determined by the Department of Audits and Accounts or the Department of Education.
Such training for newly elected board members shall also include training on the <del>role of
the</del> <ins>respective roles of the local board of education and the</ins> local school superintendent with
respect to financial management and financial governance of a local school system. <ins>Such
training shall also include the training program for members of local boards of education
provided for in subsections (b) and (b.1) of this Code section.
</ins> (d) The State Board of Education shall require members of local boards of education to
complete the training required under this Code section with either the Department of
Education or the Department of Audits and Accounts if the local board of education has
been designated by the Department of Audits and Accounts as a high-risk local school
system pursuant to Code Section 20-2-67 or if the Department of Audits and Accounts has
determined that corrective actions have not been implemented or devised to correct serious
findings in the local school system's Department of Audits and Accounts audit report from
the previous year."
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.