HB1190: HB1190 Students and Teachers SPEAK Act; enact

26 LC 61 0218 House Bill 1190 By: Representatives Sanchez of the 42nd, Berry of the 56th, McQueen of the 61st, Westbrook of the 163rd, Cameron of the 1st, and others A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to1 elementary and secondary education, so as to provide for the qualification and selection of2 students to advise the State Board of Education and local boards of education; to provide for3 the Georgia Teacher of the Year to be invited to advise the Sta te Board of Education; to4 provide for a definition; to provide for compensation; to provide for restrictions; to provide5 for rules and regulations; to provide for construction; to provide for a short title; to provide6 for an effective date; to provide for related matters; to repeal conflicting laws; and for other7 purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 This Act shall be known and may be cited as the "Students and Teachers SPEAK Act."11 SECTION 2.12 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and13 secondary education, is amended in Article 1, relating to the S tate Board of Education, by14 H. B. 1190 - 1 - 26 LC 61 0218 revising subsection (a) of Code Section 20-2-1, relating to boa rd created, appointment of15 members, and powers, as follows:16 "(a)(1) The State Board of Education is created. The state board shall be composed of17 one member from each congressional district in this state, who shall be appointed by the18 Governor by and with the advice and consent of the Senate. The Governor shall not be19 a member of the state board. The state board provided for by this article shall have the20 powers and duties provided by law for the state board on January 25, 1943, and such as21 may be thereafter provided and shall be subject to all provisio ns of law with respect to22 the state board not inconsistent with this article.23 (2) The General Assembly shall be authorized to provide by law for public school24 teachers and students to serve as advisors ex officio to the State Board of Education."25 SECTION 3.26 Said chapter is further amended in said article by adding a new Code section to read as27 follows:28 "20-2-1.1.29 (a) As used in this Code section, the term 'student member' me ans a student enrolled in30 grade 11 or 12 in a Georgia public school who is 16 years of age or older and who has been31 selected to serve as an advisor ex officio to the State Board of Education by the Governor32 as provided in subsection (c) of this Code section.33 (b)(1) A student member shall be invited by the State Board of Education to serve as an34 advisor ex officio at meetings held pursuant to Code Section 20-2-5 and public hearings35 held pursuant to Code Section 20-2-5.1.36 (2) No student member shall advise on or otherwise participate in any way on any legal37 matter, any individual student discipline matter, any individual personnel matter, or any38 other matters deemed sensitive or inappropriate by the chairperson of the State Board of39 Education. No student member shall have access to any confiden tial information,40 H. B. 1190 - 2 - 26 LC 61 0218 including, but not limited to, confidential information relating to any individual student,41 any individual student's family, or any individual school official or employee. No student42 member shall attend any executive session or other meeting of t he State Board of43 Education that is not open to the public.44 (3) A student member shall be entitled to receive the sum provided for in Code Section45 45-7-21 for actual expenses incurred in connection with attendance at such meetings and46 hearings of the State Board of Education and actual costs of transportation to and from47 the place of such meetings and hearings.48 (c) By October 1 of each year, the Governor shall be authorized to select a student member49 to be invited to serve as an advisor ex officio to the State Board of Education for a term of50 not more than one school year to be determined by the Governor. The student member51 selection process shall include a state-wide application and review process to be established52 by the State Board of Education, which shall include, but shall not be limited to, provisions53 that:54 (1) Applications to be a student member may be submitted by any individual who will55 be 16 years of age or older and enrolled in grade 11 or 12 in a public school in this state56 on October 1 of the current year;57 (2) Applications accompanied by an original essay written by t he candidate, the58 candidate's full transcript, and recommendations by at least one current teacher and the59 candidate's school principal shall be submitted to the candidat e's respective regional60 educational service agency (RESA);61 (3) Each RESA shall select a semifinalist for an interview by a panel of qualified62 individuals designated by the State School Superintendent. Suc h interviews may be63 conducted in person or by electronic means;64 (4) Upon interviewing the semifinalists, the interview panel sh all recommend three65 finalists to be interviewed by the State School Superintendent. Such interviews may be66 conducted in person or by electronic means;67 H. B. 1190 - 3 - 26 LC 61 0218 (5) Upon interviewing the three finalists recommended by the interview panel, the State68 School Superintendent shall be authorized to make a recommendation to the Governor69 regarding selection of a student member; and70 (6) The Governor shall be authorized to select a student member.71 (d) The State Board of Education shall adopt rules necessary to implement and administer72 the provisions of this Code section."73 SECTION 4.74 Said chapter is further amended in Article 3, relating to local boards of education, by revising75 Code Section 20-2-54, which was previously reserved, as follows:76 "20-2-54.77 (a) Each local board of education is encouraged to invite one or more appointed student78 representatives to serve as advisors ex officio to such local b oard of education. The79 number of such student representatives, the method and manner of their appointment, and80 the length of their service shall be prescribed by the local board of education.81 (b)(1) Each student representative provided for in subsection (a) of this Code section82 shall serve as a liaison between the student body of his or her local school system and the83 local board of education. The student representative shall be charged with representing84 the student body as a whole.85 (2) No student representative shall advise on or otherwise participate in any vote on any86 legal matter, any individual student discipline matter, any ind ividual personnel matter,87 or any other matters deemed sensitive or inappropriate by the c hairperson of the local88 board of education. No student representative shall have acces s to any confidential89 information, including, but not limited to, confidential inform ation relating to any90 individual student, any individual student's family, or any individual official or employee91 of the local school system. No student representative shall attend any executive session92 or other meeting of the local board of education that is not open to the public.93 H. B. 1190 - 4 - 26 LC 61 0218 (3) Each student representative shall have the right to make an advisory vote that shall94 not be counted as part of the local board's official vote on issues germane to the student95 body as a whole, including, but not limited to, student codes of conduct, school calendars,96 and class schedules. The germaneness of an issue shall be determined by the chairperson97 of the local board of education.98 (c) Nothing in this Code section shall be construed to provide for either a minimum or99 maximum number of student representatives.100 (d) Nothing in this Code section shall be construed to prevent local boards of education101 from providing for additional regulations regarding student representatives. Reserved."102 SECTION 5.103 Said chapter is further amended in Subpart 2 of Part 6 of Article 6, relating to conditions of104 employment, by revising paragraph (2) of Code Section 20-2-212.1, relating to increase in105 state salary of person selected as Georgia Teacher of the Year and advisory role, as follows:106 "(2) Be invited by the State Board of Education to serve as an advisor ex officio at a107 meeting meetings held pursuant to Code Section 20-2-5 or a public hearing and public108 hearings held pursuant to Code Section 20-2-5.1, for which he or she shall be entitled to109 receive the sum provided for by Code Section 45-7-21 for actual expenses incurred in110 connection with attendance at such meeting or hearing meetings and hearings of the State111 Board of Education and actual costs of transportation to and fr om the place of such112 meeting or hearing meetings and hearings."113 SECTION 6.114 This Act shall become effective upon its approval by the Governor or upon its becoming law115 without such approval.116 H. B. 1190 - 5 - 26 LC 61 0218 SECTION 7.117 All laws and parts of laws in conflict with this Act are repealed.118 H. B. 1190 - 6 -