SB557: SB557 Education; various provisions regarding student discipline and working conditions of teachers and other school personnel; revise

26 LC 61 0420 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, relating1 to elementary and secondary education and education accountability, respectively, so as to2 revise various provisions regarding student discipline and working conditions of teachers and3 other school personnel; to provide that requirements related to student discipline and4 complaints policies for public school employees are not subject to waiver; to require local5 boards of education and public school governing bodies to adopt policies and procedures to6 allow an employee of a public school who is the victim of an ac t of physical violence7 committed by a student or the parent or guardian of a student t o transfer to a substantially8 similar position in another public school within the same local school system; to provide that9 school climate star ratings shall not utilize data regarding student discipline; to provide for10 an effective date and applicability; to provide for related matters; to repeal conflicting laws;11 and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 S. B. 557 - 1 - 26 LC 61 0420 PART I14 SECTION 1-1.15 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and16 secondary education, is amended in Article 4, relating to increased flexibility for local school17 systems, by revising subsection (e) of Code Section 20-2-82, relating to contract with state18 board of education required for strategic waivers school systems and waivers and variances,19 as follows:20 "(e) The state board shall be authorized to approve a waiver or variance request of21 specifically identified state rules, regulations, policies, and procedures or provisions of22 this chapter upon the inclusion of such request in the local sc hool system's proposed23 contract and in accordance with subsection (b) of Code Section 20-2-84. The goal for24 each waiver and variance shall be improvement of student performance. The state board25 shall not be authorized to waive or approve variances on any fe deral, state, and local26 rules, regulations, court orders, and statutes relating to civi l rights; insurance; the27 protection of the physical health and safety of school students, employees, and visitors;28 conflicting interest transactions; the prevention of unlawful c onduct; any laws relating29 to unlawful conduct in or near a public school; the early intervention program provided30 for in Code Section 20-2-153; any reporting requirements pursua nt to Code Section31 20-2-320 or Chapter 14 of this title; the requirements of Code Section 20-2-210; the32 requirements of Code Section 20-2-211.1; requirements relating to student discipline33 provided for in Part 2 of Article 16 of this chapter; the complaint policy provided for in34 Part 11 of Article 17 of this chapter; or the requirements in subsection (c) of Code Section35 20-2-327. A local school system that has received a waiver or variance shall remain36 subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement37 that it shall not charge tuition or fees to its students except as may be authorized for local38 S. B. 557 - 2 - 26 LC 61 0420 boards by Code Section 20-2-133, and shall remain open to enrol lment in the same39 manner as before the waiver request."40 SECTION 1-2.41 Said chapter is further amended in Part 8 of Article 6, relatin g to state board of education42 relative to quality basic education, by revising subsection (b) of Code Section 20-2-244,43 relating to waivers and variances for local school systems, as follows:44 "(b) The State Board of Education is not authorized to waive any federal, state, and local45 rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection46 of the physical health and safety of school students, employees , and visitors; conflicting47 interest transactions; the prevention of unlawful conduct; any laws relating to unlawful48 conduct in or near a public school; any reporting requirements pursuant to Code Section49 20-2-320 or Chapter 14 of this title; the requirements of Code Section 20-2-210; the50 requirements of Code Section 20-2-211.1; requirements relating to student discipline51 provided for in Part 2 of Article 16 of this chapter; the compl aint policy provided for in52 Part 11 of Article 17 of this chapter; or the requirements in subsection (c) of Code Section53 20-2-327. A school or school system that has received a waiver shall remain subject to the54 provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not55 charge tuition or fees to its students except as may be authorized for local boards by Code56 Section 20-2-133, and shall remain open to enrollment in the same manner as before the57 waiver request."58 SECTION 1-3.59 Said chapter is further amended in Article 31, relating to the "Charter Schools Act of 1998,"60 by revising subsection (b) of Code Section 20-2-2065, relating to waiver of provisions of this61 title, requirements for operating, and control and management relative to charter schools, as62 follows:63 S. B. 557 - 3 - 26 LC 61 0420 "(b) In determining whether to approve a charter petition or renew an existing charter, the64 local board and state board shall ensure that a charter school, or for charter systems, each65 school within the system, shall be:66 (1) A public, nonsectarian, nonreligious, nonprofit school tha t is not home based,67 provided that a charter school's nonprofit status shall not pre vent the school from68 contracting for the services of a for profit entity and that no thing in this Code section69 shall preclude the use of computer and Internet based instruction for students in a virtual70 or remote setting;71 (2) Subject to the control and management of the local board of the local school system72 in which the charter school is located, as provided in the char ter and in a manner73 consistent with the Constitution, if a local charter school;74 (3) Subject to the supervision of the state board, as provided in the charter and in a75 manner consistent with the Constitution, if a state chartered special school;76 (4) Organized and operated as a nonprofit corporation under th e laws of this state;77 provided, however, that this paragraph shall not apply to any charter petitioner that is a78 local school, local school system, or state or local public entity;79 (5) Subject to all federal, state, and local rules, regulation s, court orders, and statutes80 relating to civil rights; insurance; the protection of the phys ical health and safety of81 school students, employees, and visitors; conflicting interest transactions; and the82 prevention of unlawful conduct; provided, however, that if:83 (A) A facility used for a charter school is owned or operated by any state agency or84 entity, and such facility or equipment purchased or used by the facility meets the safety85 standards of the state agency or entity that owns or operates such facility; or86 (B) A facility used for a charter school is owned by a local e ducational agency and87 operated utilizing standards of a state agency or entity, and such facility or equipment88 purchased or used by the facility meets the safety standards of the state agency or entity89 with respect to structural soundness and sufficient maintenance,90 S. B. 557 - 4 - 26 LC 61 0420 the facility or equipment or both shall be deemed to meet the safety requirements of this91 paragraph; provided, further, that in no event shall the state agency or entity or local92 educational agency owner or operator of a charter school with such facility or equipment93 be disqualified from eligibility for state grants or for federal grants awarded pursuant to94 state regulations due to such facility or equipment;95 (6) Subject to all laws relating to unlawful conduct in or near a public school;96 (7) Subject to an annual financial audit conducted by the state auditor or, if specified in97 the charter, by an independent certified public accountant licensed in this state; provided,98 however, that a separate audit shall not be required for a char ter school if the charter99 school is included in the local school system audit conducted by the state auditor pursuant100 to Code Section 50-6-6;101 (8) Subject to the provisions of Part 3 of Article 2 of Chapte r 14 of this title, and such102 provisions shall apply with respect to charter schools whose ch arters are granted or103 renewed on or after July 1, 2000;104 (9) Subject to all reporting requirements of Code Section 20-2 -160, subsection (e) of105 Code Section 20-2-161, Code Section 20-2-320, and Code Section 20-2-740;106 (10) Subject to the requirement that it shall not charge tuiti on or fees to its students107 except as may be authorized for local boards by Code Section 20-2-133;108 (11) Subject to the provisions of Code Section 20-2-1050 requi ring a brief period of109 quiet reflection;110 (12) Subject to the provisions of Code Section 20-2-210 relating to annual performance111 evaluations;112 (13) Subject to the provisions of Code Section 20-2-211.1 rela ting to fingerprint and113 criminal background checks;114 (14) Subject to the provisions of subsection (c) of Code Secti on 20-2-327 relating to115 individual college and career plans; and116 S. B. 557 - 5 - 26 LC 61 0420 (15) Subject to the provisions of Code Section 20-2-153 relating to the early intervention117 program;118 (16) Subject to the provisions of Part 2 of Article 16 of this chapter, relating to student119 discipline; and120 (17) Subject to the provisions of Part 11 of Article 17 of thi s chapter, relating to121 complaints policy relative to teachers and other school personnel."122 SECTION 1-4.123 Said chapter is further amended in Article 31C, relating to com pletion special schools, by124 revising subsection (d) of Code Section 20-2-2096.3, relating to requirements of completion125 special schools, student enrollment, and waivers or variances, as follows:126 "(d) The state board shall be authorized to approve a request b y a completion special127 school for a waiver or variance of specifically identified state rules, regulations, policies,128 and procedures or provisions of this chapter. The goal for each waiver and variance shall129 be improvement of student performance. The state board shall not be authorized to waive130 or approve variances on any federal, state, and local rules, re gulations, court orders, and131 statutes relating to civil rights; insurance; the protection of the physical health and safety132 of school students, employees, and visitors; conflicting interest transactions; the prevention133 of unlawful conduct; any laws relating to unlawful conduct in or near a public school; the134 early intervention program provided for in Code Section 20-2-15 3; any reporting135 requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title; the136 requirements of Code Section 20-2-210; the requirements of Code Section 20-2-211.1;137 requirements relating to student discipline provided for in Par t 2 of Article 16 of this138 chapter; the complaint policy provided for in Part 11 of Article 17 of this chapter; or the139 requirements in subsection (c) of Code Section 20-2-327. A local school system that has140 received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2141 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its142 S. B. 557 - 6 - 26 LC 61 0420 students except as may be authorized for local boards by Code Section 20-2-133, and shall143 remain open to enrollment in the same manner as before the waiver request."144 PART II145 SECTION 2-1.146 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and147 secondary education, is amended in Subpart 2 of Part 6 of Article 6, relating to conditions148 of employment under the "Quality Basic Education Act," by adding a new Code section to149 read as follows:150 "20-2-222.151 No later than August 1, 2026, each local board of education and public school governing152 body shall adopt policies and procedures to allow an employee of a public school who is153 the victim of an act of physical violence, as such term is defi ned in Code154 Section 20-2-751.6, committed by a student or the parent or gua rdian of a student to155 transfer to a substantially similar position in another public school within the same local156 school system, provided that such a position is available. Suc h policy shall provide that157 no employee shall be subject to retaliation or other adverse action due to such a transfer or158 request to transfer."159 PART III160 SECTION 3-1.161 Chapter 14 of Title 20 of the Official Code of Georgia Annotate d, relating to education162 accountability, is amended in Part 3 of Article 2, relating to education accountability163 assessment programs, by revising paragraph (1) of subsection (c) of Code Section 20-14-33,164 relating to indicators of quality of learning in individual sch ools and school systems,165 S. B. 557 - 7 - 26 LC 61 0420 comparison to state standards, rating schools and school systems, providing information, and166 uniform definition of "dropout" and "below grade level", as follows:167 "(c)(1) Performance on the indicators of quality of learning, financial efficiency, school168 climate, and any other indicators the office adopts shall be compared to state standards,169 progress on improved student achievement, and comparable performance. The standards170 for comparison shall be established by the office as provided in Code Section 20-14-31,171 in coordination with the Department of Education. Data and information regarding the172 standards shall be included in the annual report provided for i n paragraph (2) of173 subsection (a) of Code Section 20-14-27. Financial efficiency may include an analysis174 of how federal and state funds spent by local school systems impact student achievement175 and school improvement, and components used to determine financ ial efficiency may176 include actual achievement, resource efficiency, and student participation in standardized177 testing. School climate determinations may utilize data from student health surveys, data178 on environmental and behavior indicators, data on student behavioral and school-based179 reactions, and teacher and parent survey instruments. School climate determinations shall180 not utilize data regarding student discipline. Financial efficiency and school climate shall181 have one of the following star ratings based upon the factors included in this subsection,182 as further defined by rules and regulations of the office:183 (A) '5-star' schools ranked excellent according to the state d etermined financial184 efficiency or school climate index, as appropriate;185 (B) '4-star' schools ranked above average according to the state determined financial186 efficiency or school climate index, as appropriate;187 (C) '3-star' schools ranked average according to the state det ermined financial188 efficiency or school climate index, as appropriate;189 (D) '2-star' schools ranked below satisfactory according to th e state determined190 financial efficiency or school climate index, as appropriate; or191 S. B. 557 - 8 - 26 LC 61 0420 (E) '1-star' schools ranked unsatisfactory according to the st ate determined financial192 efficiency or school climate index, as appropriate."193 PART IV194 SECTION 4-1.195 This Act shall become effective on July 1, 2026, and shall apply to all school years beginning196 with the 2026-2027 school year.197 198 PART V199 SECTION 5-1.200 All laws and parts of laws in conflict with this Act are repealed.201 S. B. 557 - 9 -