Senate Bill 557
By: Senators Payne of the 54th, Albers of the 56th, Anavitarte of the 31st, Summers of the
13th, Hickman of the 4th and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapters 2 and 14 of Title 20 of the Official Code of Georgia Annotated, relating
to elementary and secondary education and education accountability, respectively, so as to
revise various provisions regarding student discipline and working conditions of teachers and
other school personnel; to provide that requirements related to student discipline and
complaints policies for public school employees are not subject to waiver; to require local
boards of education and public school governing bodies to adopt policies and procedures to
allow an employee of a public school who is the victim of an act of physical violence
committed by a student or the parent or guardian of a student to transfer to a substantially
similar position in another public school within the same local school system; to provide that
school climate star ratings shall not utilize data regarding student discipline; to provide for
an effective date and applicability; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and
secondary education, is amended in Article 4, relating to increased flexibility for local school
systems, by revising subsection (e) of Code Section 20-2-82, relating to contract with state
board of education required for strategic waivers school systems and waivers and variances,
as follows:
"(e) The state board shall be authorized to approve a waiver or variance request of
specifically identified state rules, regulations, policies, and procedures or provisions of
this chapter upon the inclusion of such request in the local school system's proposed
contract and in accordance with subsection (b) of Code Section 20-2-84. The goal for
each waiver and variance shall be improvement of student performance. The state board
shall not be authorized to waive or approve variances on any federal, state, and local
rules, regulations, court orders, and statutes relating to civil rights; insurance; the
protection of the physical health and safety of school students, employees, and visitors;
conflicting interest transactions; the prevention of unlawful conduct; any laws relating
to unlawful conduct in or near a public school; the early intervention program provided
for in Code Section 20-2-153; any reporting requirements pursuant to Code Section
20-2-320 or Chapter 14 of this title; the requirements of Code Section 20-2-210; the
requirements of Code Section 20-2-211.1; <ins>requirements relating to student discipline
provided for in Part 2 of Article 16 of this chapter; the complaint policy provided for in
Part 11 of Article 17 of this chapter;</ins> or the requirements in subsection (c) of Code Section
20-2-327. A local school system that has received a waiver or variance shall remain
subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement
that it shall not charge tuition or fees to its students except as may be authorized for local
boards by Code Section 20-2-133, and shall remain open to enrollment in the same
manner as before the waiver request."
SECTION 1-2.
Said chapter is further amended in Part 8 of Article 6, relating to state board of education
relative to quality basic education, by revising subsection (b) of Code Section 20-2-244,
relating to waivers and variances for local school systems, as follows:
"(b) The State Board of Education is not authorized to waive any federal, state, and local
rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection
of the physical health and safety of school students, employees, and visitors; conflicting
interest transactions; the prevention of unlawful conduct; any laws relating to unlawful
conduct in or near a public school; any reporting requirements pursuant to Code Section
20-2-320 or Chapter 14 of this title; the requirements of Code Section 20-2-210; the
requirements of Code Section 20-2-211.1; <ins>requirements relating to student discipline
provided for in Part 2 of Article 16 of this chapter; the complaint policy provided for in
Part 11 of Article 17 of this chapter;</ins> or the requirements in subsection (c) of Code Section
20-2-327. A school or school system that has received a waiver shall remain subject to the
provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not
charge tuition or fees to its students except as may be authorized for local boards by Code
Section 20-2-133, and shall remain open to enrollment in the same manner as before the
waiver request."
SECTION 1-3.
Said chapter is further amended in Article 31, relating to the "Charter Schools Act of 1998,"
by revising subsection (b) of Code Section 20-2-2065, relating to waiver of provisions of this
title, requirements for operating, and control and management relative to charter schools, as
follows:
"(b) In determining whether to approve a charter petition or renew an existing charter, the
local board and state board shall ensure that a charter school, or for charter systems, each
school within the system, shall be:
(1) A public, nonsectarian, nonreligious, nonprofit school that is not home based,
provided that a charter school's nonprofit status shall not prevent the school from
contracting for the services of a for profit entity and that nothing in this Code section
shall preclude the use of computer and Internet based instruction for students in a virtual
or remote setting;
(2) Subject to the control and management of the local board of the local school system
in which the charter school is located, as provided in the charter and in a manner
consistent with the Constitution, if a local charter school;
(3) Subject to the supervision of the state board, as provided in the charter and in a
manner consistent with the Constitution, if a state chartered special school;
(4) Organized and operated as a nonprofit corporation under the laws of this state;
provided, however, that this paragraph shall not apply to any charter petitioner that is a
local school, local school system, or state or local public entity;
(5) Subject to all federal, state, and local rules, regulations, court orders, and statutes
relating to civil rights; insurance; the protection of the physical health and safety of
school students, employees, and visitors; conflicting interest transactions; and the
prevention of unlawful conduct; provided, however, that if:
(A) A facility used for a charter school is owned or operated by any state agency or
entity, and such facility or equipment purchased or used by the facility meets the safety
standards of the state agency or entity that owns or operates such facility; or
(B) A facility used for a charter school is owned by a local educational agency and
operated utilizing standards of a state agency or entity, and such facility or equipment
purchased or used by the facility meets the safety standards of the state agency or entity
with respect to structural soundness and sufficient maintenance,
the facility or equipment or both shall be deemed to meet the safety requirements of this
paragraph; provided, further, that in no event shall the state agency or entity or local
educational agency owner or operator of a charter school with such facility or equipment
be disqualified from eligibility for state grants or for federal grants awarded pursuant to
state regulations due to such facility or equipment;
(6) Subject to all laws relating to unlawful conduct in or near a public school;
(7) Subject to an annual financial audit conducted by the state auditor or, if specified in
the charter, by an independent certified public accountant licensed in this state; provided,
however, that a separate audit shall not be required for a charter school if the charter
school is included in the local school system audit conducted by the state auditor pursuant
to Code Section 50-6-6;
(8) Subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, and such
provisions shall apply with respect to charter schools whose charters are granted or
renewed on or after July 1, 2000;
(9) Subject to all reporting requirements of Code Section 20-2-160, subsection (e) of
Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740;
(10) Subject to the requirement that it shall not charge tuition or fees to its students
except as may be authorized for local boards by Code Section 20-2-133;
(11) Subject to the provisions of Code Section 20-2-1050 requiring a brief period of
quiet reflection;
(12) Subject to the provisions of Code Section 20-2-210 relating to annual performance
evaluations;
(13) Subject to the provisions of Code Section 20-2-211.1 relating to fingerprint and
criminal background checks;
(14) Subject to the provisions of subsection (c) of Code Section 20-2-327 relating to
individual college and career plans; <del>and
</del>
(15) Subject to the provisions of Code Section 20-2-153 relating to the early intervention
program;
<ins>(16) Subject to the provisions of Part 2 of Article 16 of this chapter, relating to student
discipline; and
(17) Subject to the provisions of Part 11 of Article 17 of this chapter, relating to
complaints policy relative to teachers and other school personnel."
</ins> SECTION 1-4.
Said chapter is further amended in Article 31C, relating to completion special schools, by
revising subsection (d) of Code Section 20-2-2096.3, relating to requirements of completion
special schools, student enrollment, and waivers or variances, as follows:
"(d) The state board shall be authorized to approve a request by a completion special
school for a waiver or variance of specifically identified state rules, regulations, policies,
and procedures or provisions of this chapter. The goal for each waiver and variance shall
be improvement of student performance. The state board shall not be authorized to waive
or approve variances on any federal, state, and local rules, regulations, court orders, and
statutes relating to civil rights; insurance; the protection of the physical health and safety
of school students, employees, and visitors; conflicting interest transactions; the prevention
of unlawful conduct; any laws relating to unlawful conduct in or near a public school; the
early intervention program provided for in Code Section 20-2-153; any reporting
requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title; the
requirements of Code Section 20-2-210; the requirements of Code Section 20-2-211.1;
<ins>requirements relating to student discipline provided for in Part 2 of Article 16 of this
chapter; the complaint policy provided for in Part 11 of Article 17 of this chapter;</ins> or the
requirements in subsection (c) of Code Section 20-2-327. A local school system that has
received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2
of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its
students except as may be authorized for local boards by Code Section 20-2-133, and shall
remain open to enrollment in the same manner as before the waiver request."
PART II
SECTION 2-1.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and
secondary education, is amended in Subpart 2 of Part 6 of Article 6, relating to conditions
of employment under the "Quality Basic Education Act," by adding a new Code section to
read as follows:
<ins>"20-2-222.
No later than August 1, 2026, each local board of education and public school governing
body shall adopt policies and procedures to allow an employee of a public school who is
the victim of an act of physical violence, as such term is defined in Code
Section 20-2-751.6, committed by a student or the parent or guardian of a student to
transfer to a substantially similar position in another public school within the same local
school system, provided that such a position is available. Such policy shall provide that
no employee shall be subject to retaliation or other adverse action due to such a transfer or
request to transfer."
</ins> PART III
SECTION 3-1.
Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to education
accountability, is amended in Part 3 of Article 2, relating to education accountability
assessment programs, by revising paragraph (1) of subsection (c) of Code Section 20-14-33,
relating to indicators of quality of learning in individual schools and school systems,
comparison to state standards, rating schools and school systems, providing information, and
uniform definition of "dropout" and "below grade level", as follows:
"(c)(1) Performance on the indicators of quality of learning, financial efficiency, school
climate, and any other indicators the office adopts shall be compared to state standards,
progress on improved student achievement, and comparable performance. The standards
for comparison shall be established by the office as provided in Code Section 20-14-31,
in coordination with the Department of Education. Data and information regarding the
standards shall be included in the annual report provided for in paragraph (2) of
subsection (a) of Code Section 20-14-27. Financial efficiency may include an analysis
of how federal and state funds spent by local school systems impact student achievement
and school improvement, and components used to determine financial efficiency may
include actual achievement, resource efficiency, and student participation in standardized
testing. School climate determinations may utilize data from student health surveys, data
on environmental and behavior indicators, data on student behavioral and school-based
reactions, and teacher and parent survey instruments. <ins>School climate determinations shall
not utilize data regarding student discipline.</ins> Financial efficiency and school climate shall
have one of the following star ratings based upon the factors included in this subsection,
as further defined by rules and regulations of the office:
(A) '5-star' schools ranked excellent according to the state determined financial
efficiency or school climate index, as appropriate;
(B) '4-star' schools ranked above average according to the state determined financial
efficiency or school climate index, as appropriate;
(C) '3-star' schools ranked average according to the state determined financial
efficiency or school climate index, as appropriate;
(D) '2-star' schools ranked below satisfactory according to the state determined
financial efficiency or school climate index, as appropriate; or
(E) '1-star' schools ranked unsatisfactory according to the state determined financial
efficiency or school climate index, as appropriate."
PART IV
SECTION 4-1.
This Act shall become effective on July 1, 2026, and shall apply to all school years beginning
with the 2026-2027 school year.
PART V
SECTION 5-1.
All laws and parts of laws in conflict with this Act are repealed.