HB 502 (Rep. Dudgeion, Coleman, Clark, Dickson, Kaiser, and others)

This year's version of the "Title 20 Clean-up" Bill provides little in the way of changes and/or updates that should be controversial or concerning for local superintendents.  It was amended during the process to include the language in SB 116 and SB 202.  These items have been added to the bottom of the analysis of HB 502 below.

The provisions of the bill include:

• Adds teacher and leader annual performance evaluation requirements to the list of state rules which the State Board may not waive.
• In all current code referencing the impending decision deadline regarding whether to choose a flexibility option (IE2/Charter) or not (Status Quo), the bill changes references to "Status Quo" to "Title 20/No Waivers System" and names the districts which determine to move toward a flexibility model as "Strategic Waivers School Systems".
• Changes references to a "quality basic education curriculum" to a "highly rigorous curriculum".
• Changes references to competencies to "content standards" or "uniformly sequenced content standards".
• Specifies that each local school system shall adopt its own curriculum which shall include appropriate instruction in the content standards.
• Removes the current requirement that DOE "approve" a list of virtual instruction providers.
• Removes references to the Quality Core Curriculum which still reside in a few locations in the code.
• Removes all references, requirements, and funding codes for the Middle Grades Program.
• Requires the Professional Standards Commission to certify all instructors providing virtual instruction to Georgia students, irregardless of where the instruction originates.
• Authorizes the State School Superintendent to delegate to the chief financial officer the authority to execute contracts of $50,000 or less on his/her behalf.
• Clarifies procedures and underlying conditions for students requesting a waiver or variance of SBOE rules.
• Adds computer equipment and operating system software for the school that is integral to the implementation of the school's curriculum, instruction, or administration to the definition of "Capital Outlay".
• Outlines the State Board's responsibility to contract for and provide criterion-based assessments to measure mastery of content standards, which are comparable with other states without relinquishing control of the assessments to any individual or entity outside Georgia, assessing at a minimum students in grades 3, 5, 8, and 11, with the option of assessing students in additinoal grade levels as designated by the State Board of Education.
• Changes references to the Criterion Referenced Competency Test to "End of Grade Assessments"
• Provides authorization for Alternative Assessments for special needs students, receiving special education services who cannot access teh state adopted content standards without appropriate accomodations to those standards.
• Includes kindergarten teachers with those in grades 1-12, for which the local board must offer opportunities to particiapte annually in a staff development program on the use of tests within the instructional program to improve student achievement.
• Adds an approved COMPASS score as a consideration in a request for a variance or waiver of one or more portions of the high school graduation test. 
• Adds "satisfactory business experience" as an acceptable qualification as a "School administrative manager".
• Specifies that it is the Office of Student Achievement, rather than the Department of Education that is responsible for the Governor's Honors Program.
• Removes the requirement that the Department of Education annually publish a Gender Equity report, changing "shall" to "may".
• Allows home school and private school students to participate in virtual courses through the Georgia Virtual School subject to appropriations by the General Assembly.
• Sets a $250/course limit on charges for Georgia Virtual School courses, in cases in which any charge applies.
• Removes the current requirement that the Department of Education provide an "Approved" list of Virtual Course Providers to local school systems.
• Adds identification of the name of the school system in which a Home Study Program is located to the Declaration of Intent form. 
• Allows the Department of Community Health a means of collecting the employer share of Health Insurance premiums, in cases where districts fail to remit these obligations in a timely manner, through the withholding of state QBE funds up to the obligation amount.
• Changes the date by which a teacher deemed to have obtained "Tenure" must be notified of non-renewal to May 15th and the date by which a "Tenured" teacher must notify the system of his/her contract will not be accepted to June 1.
• Specifies that the State Board my "affirm, reverse, or remand the local board decision, or may refer the matter to mediation" in appeals of local board decisions.
• Changes the annual reporting requirement date for charter schools and systems to November 1, by which they must report the previous year's progress to designated groups.
• Provides guidance and requirements for State Charter Schools which provide virtual instruction regarding capital expenditure requirements and local fair share deductions.
• Requires approval/denial of charter petitions by the Local Board of Education within 90 days, rather than the current 60.

Adds new Code Sections 20-2-1020 - 20-2-1022 to strongly encourage that, during the full week in September, which includes Constitution Day, September 17, be recognized in public elementary, middle, and high schools in Georgia as Celebrate Freedom Week, and it is strongly encouraged each local board of education to provide approximately three hours of age-appropriate instruction in each social studies class which includes the intent, meaning, and importance of the Declaration of Independence and U.S. Constitution, including the Bill of rights, in their historical context including the background of the colonial era, along with instruction about the Founding Fathers, such as the signers of the Declaration of Independence and the U.S. Constitution, the first six Presidents, particularly George Washington.  The religious references in the writings of the Founding Fathers shall not be censored.  

Additionally, during Celebrate Freedom Week, school systems are strongly encouraged to suggest that students in grades 3-12 read at least one book during the school year that focuses on the Founding Era.

Additionally, School districts are strongly encouraged to require students in grades 3-12 to recite at least once during the week and are encouraged to require daily recitations from from one of the following exerpts at the beginning of the school day:

• From the Declaration of Independence
  • We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness. That to secure these Rights, Governments are instituted among Men, deriving their just Powers frm the Consent of the Governed....
• From the Preamble of the U.S. Constitution
  • We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constiution for the United States of America.
• From the First Amendment of the Bill of Rights
  • Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or the press, or the right of the people pleaceably to assemble, and to petition the Government for a redress of grievances.

Students may be excused from the recitation upon the written request from their parent or guardian.  This law does not apply to a student who has a conscientious objection to the recitation; or is the child of a representative of a foreign government to whom the United States government extends diplomatic immunity.

20-2-1021 "allows" and encourages the display by schools of historically important excerpts from or copies of American historical documents.  Further, local boards of education and charter schools are strongly encouraged to allow and may encourage any teacher or administrator to read or post in a school building, classroom, or event excerpts or portions of writings, documents, records, or images that reflect the history of the United States, including, but not limited to the following:

1. The Preamble to the Georgia Constitution
2. The Declaration of Independence
3. The United States Constitution
4. The Bill of Rights
5. The Mayflower Compact
6. The national motto
7. the Pledge of Allegiance
8. The National Anthem
9. The writings, speeches, documents, and proclamations of the Founding Fathers and Presidents of the United States.
10. Decisions of the United States Supreme Court
11. Acts of the Congress of the United States, including the published text of the Congressional Record.

As historical documents, there shall be no content-based censorship of American history and heritage documents due to their religious or cultural nature.

20-2-1-22 requires that the Department of education create an online instructional page or pages for teachers to assist them in increasing student understanding of, and familiarity with American historical documents and to provide curriculum support to classroom teachers of U.S. history, American government and civics, economics and social studies.