Senate Bill 519
By: Senators Anderson of the 43rd, Howard of the 35th, Kemp of the 38th, Goodman of the
8th, Hickman of the 4th and others
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 various provisions relating to the
conditions of employment for employees of local school systems and other public schools;
to provide requirements for certain evaluations; to provide requirements for employment
contracts for teachers; to provide for planned restroom breaks for teachers; to provide for
role-specific training; to provide for policies relating to school bus drivers; 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 revising subsections (d) and (e) of Code Section
20-2-210, relating to annual performance evaluations and confidentiality, as follows:
"(d) The superintendent of each local school system shall identify an appropriately trained
evaluator for each person employed by the local unit of administration for the purposes of
completing an annual evaluation as required by this Code section. <ins>No employee of a public
school shall be selected as the evaluator for other employees of such public school.</ins> The
superintendent of each local school system shall be responsible for ensuring compliance
with this Code section.
(e)(1) All records, including surveys and evaluation instruments, associated with
individual performance evaluations conducted pursuant to this Code section shall be
confidential and not subject to public disclosure. Each local school system and charter
school shall report performance data to the Georgia Department of Education in a format
approved by the State Board of Education. The department is authorized to release
performance data, except to the extent it is personally identifiable to any public school
employee.
(2) Any current or former public school employee may execute a release authorizing the
release of his or her individual performance data to a third party.
(3) The department may by agreement share individual data with the Office of Student
Achievement for the purposes of improving postsecondary educator preparation so long
as the office agrees that it will not disclose personally identifiable information about any
public school employee.
<ins>(4) Surveys of public school employees conducted pursuant to this Code section shall be
conducted anonymously."
</ins> SECTION 2.
Said chapter is further amended by revising subsection (b) of Code Section 20-2-211, relating
to annual contracts, employment of certificated professional personnel, employment
qualifications, and job descriptions, as follows:
"(b) Any other provisions of this article or any other laws to the contrary notwithstanding,
each local governing board shall, by not later than May 15 of the current school year,
tender a new contract for the ensuing school year to each teacher and other professional
employee certificated by the Professional Standards Commission on the payroll of the local
unit of administration at the beginning of the current school year, except those who have
resigned or who have been terminated as provided in Part 7 of Article 17 of this chapter,
or shall notify in writing each such teacher or other certificated professional employee of
the intention of not renewing his or her contract for the ensuing school year. Such
contracts when tendered to each teacher or other professional employee shall be complete
in all terms and conditions of the contract, including the amount of compensation to be paid
to such teacher or other professional employee during the ensuing school year <ins>and his or
her assignment for the ensuing school year,</ins> and shall not contain blanks or leave any terms
and conditions of the contract open. A letter of intent or similar document shall not
constitute a contract and shall not be construed to require or otherwise legally bind the
teacher or other professional employee to return to such school system. Upon request, a
written explanation for failure to renew such contract shall be made available to such
certificated personnel by the executive officer. When such notice of intended termination
has not been given by May 15, the employment of such teacher or other certificated
professional employee shall be continued for the ensuing school year unless the teacher or
certificated professional employee elects not to accept such employment by notifying the
local governing board or executive officer in writing not later than June 1."
SECTION 3.
Said chapter is further amended in Code Section 20-2-218, relating to duty-free lunch period
and planning period required, exemption for extenuating circumstances, and funding, by
adding a new paragraph to subsection (b) to read as follows:
<ins>"(3) Every teacher who is employed in grades kindergarten through 12 for a period of
time of more than one-half of the class periods of the regular school day shall be provided
not less than two planned restroom breaks per day, one of which may coincide with such
teacher's planning period."
</ins>
SECTION 4.
Said chapter is further amended by revising subsection (a) of Code Section 20-2-230, relating
to programs relative to staff development, as follows:
"(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 <ins>and to receive training relevant to their roles.</ins> 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."
SECTION 5.
Said chapter is further amended by revising subsection (a) of Code Section 20-2-1126,
relating to written policies and procedures for operation of school buses, receipt of code of
conduct by students, and acknowledgment by parent or guardian, as follows:
"(a) Each public school system in this state shall promulgate policies and procedures for
the operation of school buses and the conduct and safety of those students who ride such
buses. Such policies and procedures shall be in writing and available for public inspection.
Each person employed as a school bus driver shall acknowledge in writing that he or she
has received a copy of and has read and understands such policies and procedures. In the
event that such policies and procedures are amended during the school year, such amended
policies and procedures shall be provided to all persons employed by the school system as
school bus drivers, and each such person shall acknowledge in writing that he or she has
received a copy of and has read and understands such amended policies and procedures.
<ins>Such policies and procedures shall provide for a school bus driver to request a bus monitor
</ins>
<ins>if he or she has a concern regarding the behavior of a student or students who ride his or
her school bus."
</ins> SECTION 6.
All laws and parts of laws in conflict with this Act are repealed.