HB1231: HB1231 Education; teachers shall not be required to supervise students during their duty-free lunch period or planning period except in cases of extreme emergency; provide

26 LC 61 0352 House Bill 1231 By: Representatives Corbett of the 174th, Momtahan of the 17th, Parsons of the 44th, Greene of the 154th, and Wilkerson of the 38th A BILL TO BE ENTITLED AN ACT To amend Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of the Official Code of1 Georgia Annotated, relating to conditions of employment, so as to provide that teachers shall2 not be required to supervise students during their duty-free lunch period or planning period3 except in cases of extreme emergency; to require that teachers who supervise students during4 their duty-free lunch period or planning period are compensated in cases other than an5 extreme emergency; to provide that requirements related to duty -free lunch periods and6 planning periods for teachers shall not be subject to waiver; t o provide for definitions; to7 provide for an effective date and applicability; to provide for related matters; to repeal8 conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of th e Official Code of Georgia12 Annotated, relating to conditions of employment, is amended by revising Code Section13 20-2-218, relating to duty-free l unch period and planning perio d required, exemption for14 extenuating circumstances, and funding, as follows:15 H. B. 1231 - 1 - 26 LC 61 0352 "20-2-218.16 (a) As used in this Code section, the term:17 (1) 'Extreme emergency' means severe weather conditions, inter ference caused by18 electrical or mechanical failure at a school, a disruption caus ed by an armed attack or19 threat directed at a school, a disruption of transportation systems resulting in significant20 changes in the availability of teachers, or the illness or deat h of one or more teachers. 21 The mere lack of an available substitute teacher shall not cons titute an extreme22 emergency.23 (2) 'Planning period' 'planning period' means a block of time when a teacher is not24 responsible for the direct supervision of student safety or con duct or for providing25 instruction to students and is responsible for participating in activities that are part of the26 established duties of a teacher, including, but not limited to, instructional lesson design,27 grading and assessment, data analysis of student achievement, a nd growing skills and28 knowledge in the profession of teaching.29 (b)(1) Every teacher who is employed in grades kindergarten through five for a period30 of time of more than one-half of the class periods of the regul ar school day shall be31 provided a daily lunch period of not less than 30 consecutive minutes, and such employee32 shall not be assigned any responsibilities during such lunch pe riod. Such lunch period33 shall be included in the number of hours worked, and no local board of education shall34 increase the number of hours to be worked by an employee as a result of such employee's35 being granted a lunch period under the provisions of this Code section. This duty-free36 lunch period shall not be calculated under any circumstances as a part of any daily37 planning period or other noninstructional time.38 (2) Every teacher who is employed in grades kindergarten throu gh 12 for a period of39 time of more than one-half of the class periods of the regular school day shall be provided40 a daily planning period. Such planning period shall be included in the number of hours41 worked, and no local board of education shall increase the number of hours to be worked42 H. B. 1231 - 2 - 26 LC 61 0352 by an employee as a result of such employee's being granted a planning period under the43 provisions of this Code section. This planning period shall not be calculated under any44 circumstances as a part of any daily lunch period or other noninstructional time.45 (c) Nothing in this Code section shall be construed to prevent any teacher from exchanging46 that teacher's lunch period or planning period for any compensa tion or benefit mutually47 agreed upon by the employee and the local superintendent of sch ools or such48 superintendent's agent, except that a teacher and the superintendent or agent may not agree49 to terms which are different from those available to any other teacher granted rights under50 this Code section within the individual school or to terms which in any way discriminate51 among such teachers within the individual school.52 (d) The implementation of this Code section may not result in a lengthened school day.53 (e) If necessary where due to an extreme emergency economic conditions or an unforeseen54 and unavoidable personnel shortage, a local unit of administration may:55 (1) Require a teacher otherwise entitled to a duty-free lunch period to supervise students56 during such lunch period but for no more than one day in any school week; and57 (2) Require a teacher otherwise entitled to a planning period to supervise students during58 such planning period but for no more than one day in any school week except when59 necessary to ensure the safety of students and staff.60 (f)(1) In circumstances other than an extreme emergency, a local unit of administration61 shall be authorized to:62 (A) Request that a teacher otherwise entitled to a duty-free l unch period supervise63 students during such duty-free lunch period; and64 (B) Request that a teacher otherwise entitled to a planning period supervise students65 during such planning period.66 (2) In the event that a teacher supervises students after agreeing to such a request, such67 teacher shall be compensated at an hourly rate consistent with his or her salary.68 H. B. 1231 - 3 - 26 LC 61 0352 (g) During planning periods teachers are encouraged to review the school safety plan and69 incorporate it into lesson plans as appropriate.70 (g)(h) Notwithstanding any of the foregoing provisions of this Code section to the71 contrary, nothing in this Code section shall require the General Assembly to appropriate72 funds for the implementation of the planning period and duty-fr ee lunch program;73 provided, however, that any such funds appropriated for this purpose shall be used by local74 school systems for duty-free lunch periods for classroom teachers in grades kindergarten75 through five and planning periods for classroom teachers in gra des kindergarten76 through 12.77 (i) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for78 a strategic waivers school system, Code Section 20-2-2063.2 or 20-2-2065 for a charter79 system, Code Section 20-2-2065 for a charter school, Code Secti on 20-2-2096.3 for a80 completion special school, or Code Section 20-2-244."81 SECTION 2.82 This Act shall become effective on July 1, 2026, and shall apply to all school years beginning83 with the 2026-2027 school year.84 SECTION 3.85 All laws and parts of laws in conflict with this Act are repealed.86 H. 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