HB1244: HB1244 Education; duty-free lunch period and planning period requirements; provisions

26 LC 61 0444S The House Committee on Education offers the following substitute to HB 1244: 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 provide that requirements related to duty-free lunch4 periods and planning periods for teachers shall not be subject to waiver; to provide for5 definitions; to provide for an effective date and applicability; to provide for related matters;6 to repeal conflicting laws; and for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Subpart 2 of Part 6 of Article 6 of Chapter 2 of Title 20 of th e Official Code of Georgia10 Annotated, relating to conditions of employment, is amended by revising Code Section11 20-2-218, relating to duty-free lunch period and planning perio d required, exemption for12 extenuating circumstances, and funding, as follows:13 "20-2-218.14 (a) As used in this Code section, the term:15 H. B. 1244 (SUB) - 1 - 26 LC 61 0444S (1) 'Extreme emergency' means severe weather conditions, inter ference caused by16 electrical or mechanical failure at a school, a disruption caus ed by an armed attack or17 threat directed at a school, a disruption of transportation systems resulting in significant18 changes in the availability of teachers, or the illness or deat h of one or more teachers. 19 The mere lack of an available substitute teacher shall not cons titute an extreme20 emergency.21 (2) 'Planning period' 'planning period' means a block of time when a teacher is not22 responsible for the direct supervision of student safety or con duct or for providing23 instruction to students and is responsible for participating in activities that are part of the24 established duties of a teacher, including, but not limited to, instructional lesson design,25 grading and assessment, data analysis of student achievement, a nd growing skills and26 knowledge in the profession of teaching.27 (b)(1) Every teacher who is employed in grades kindergarten through five for a period28 of time of more than one-half of the class periods of the regul ar school day shall be29 provided a daily lunch period of not less than 30 consecutive minutes, and such employee30 shall not be assigned any responsibilities during such lunch period. Such lunch period31 shall be included in the number of hours worked, and no local board of education shall32 increase the number of hours to be worked by an employee as a result of such employee's33 being granted a lunch period under the provisions of this Code section. This duty-free34 lunch period shall not be calculated under any circumstances as a part of any daily35 planning period or other noninstructional time.36 (2) Every teacher who is employed in grades kindergarten throu gh 12 for a period of37 time of more than one-half of the class periods of the regular school day shall be provided38 a daily planning period. Such planning period shall be included in the number of hours39 worked, and no local board of education shall increase the number of hours to be worked40 by an employee as a result of such employee's being granted a planning period under the41 H. B. 1244 (SUB) - 2 - 26 LC 61 0444S provisions of this Code section. This planning period shall not be calculated under any42 circumstances as a part of any daily lunch period or other noninstructional time.43 (c) Nothing in this Code section shall be construed to prevent any teacher from exchanging44 that teacher's lunch period or planning period for any compensa tion or benefit mutually45 agreed upon by the employee and the local superintendent of sch ools or such46 superintendent's agent, except that a teacher and the superintendent or agent may not agree47 to terms which are different from those available to any other teacher granted rights under48 this Code section within the individual school or to terms which in any way discriminate49 among such teachers within the individual school.50 (d) The implementation of this Code section may not result in a lengthened school day.51 (e) If necessary where due to an extreme emergency economic conditions or an unforeseen52 and unavoidable personnel shortage, a local unit of administration may:53 (1) Require a teacher otherwise entitled to a duty-free lunch period to supervise students54 during such lunch period but for no more than one day in any school week; and55 (2) Require a teacher otherwise entitled to a planning period to supervise students during56 such planning period but for no more than one day in any school week except when57 necessary to ensure the safety of students and staff.58 (f) In circumstances other than an extreme emergency, a local unit of administration shall59 be authorized to:60 (1) Request that a teacher otherwise entitled to a duty-free l unch period supervise61 students during such duty-free lunch period; and62 (2) Request that a teacher otherwise entitled to a planning pe riod supervise students63 during such planning period.64 (g) During planning periods teachers are encouraged to review the school safety plan and65 incorporate it into lesson plans as appropriate.66 (g)(h) Notwithstanding any of the foregoing provisions of this Code section to the67 contrary, nothing in this Code section shall require the General Assembly to appropriate68 H. B. 1244 (SUB) - 3 - 26 LC 61 0444S funds for the implementation of the planning period and duty-fr ee lunch program;69 provided, however, that any such funds appropriated for this purpose shall be used by local70 school systems for duty-free lunch periods for classroom teachers in grades kindergarten71 through five and planning periods for classroom teachers in gra des kindergarten72 through 12.73 (i) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for74 a strategic waivers school system, Code Section 20-2-2063.2 or 20-2-2065 for a charter75 system, Code Section 20-2-2065 for a charter school, Code Secti on 20-2-2096.3 for a76 completion special school, or Code Section 20-2-244."77 SECTION 2.78 This Act shall become effective on July 1, 2026, and shall apply to all school years beginning79 with the 2026-2027 school year.80 SECTION 3.81 All laws and parts of laws in conflict with this Act are repealed.82 H. B. 1244 (SUB) - 4 -