SUMMARY:

            This bill would amend Chapter 2 of Title 20 of the O.C.G.A. to revise provisions relating to eligibility for school board members, to limit the size of schools boards, to revise per diem and expenses, to revise requirements for the secretary of local boards, to specify fundamental roles of boards and superintendents, to prohibit certain conflicts of interest of board members, to provide a code of ethics for board members, to provide for removal of board members under certain circumstances, to revise eligibility requirements for superintendents, and to revise board training requirements.

REQUIREMENTS:

• If a board member moves his/her domicile from the district he/she represents, there would have to be a notice filed with the secretary of the LBOE.
• The bill would not allow members of a governing body of a private elementary or secondary private school to serve on a public school LBOE, but it would allow employees of private schools to serve.
• The bill would strike the provision that restricts SBOE members or DOE employees from serving on boards of higher education, but keeps the provision that they cannot serve on a LBOE.
• No one would be eligible to serve on a school board if they have an immediate family member on the board or as superintendent, principal, assistant principal or system administrative staff who was employed on or after January 1, 2010.  This would apply only to LBOE members elected or appointed after July 1, 2009.  All others would be “grandfathered” in if they were elected or employed before July 1, 2009.
• The SBOE could grant a waiver for the above requirement under certain circumstances.
• Additional eligibility requirements would include:
  • Has read, understood and agreed to abide by the Code of Ethics;
  • Has agreed to disclose annually compliance with SBOE policy on training, the code of ethics of the LBOE, and the conflict of interest provisions.
• Anyone running for office or an prospective appointee after July 1, 2010 must file an affidavit stating he/she has complied with the above qualifications at the time of qualification as a candidate for office.
• Boards would be limited to no more than 7 members unless so constituted through a local constitutional amendment or federal court order or local law in effect prior to July 1, 2010.
• In systems without a local act, board members could receive a $50 per diem for a regular meeting, and $50 per day plus actual expenses incurred.  Members of an independent board with less than 4,000 FTE could receive from $50 to $100 per day plus actual expenses incurred.  The LBOE would have to approve the per diem payment and expenses, and the expenses would have to be submitted to the superintendent.  All compensation would have to be paid from local funds.  This provision would not apply to LBOE member elected or appointed prior to July 1, 2010.
• The bill clarifies the roles and relationships of LBOE members among themselves and with the superintendent and prohibits the board from delegating or attempting to delegate its policy-making functions.
• The bill would eliminate the power of the board to nominate its own secretary and would mandate that the superintendent serve in that office and be present at meetings to make a permanent record in a book of all board proceedings and carry out any other need clerical tasks.
• No LBOE member would be able to use his official position to secure unwarranted privileges for himself, his family or others.
• No LBOE member or member of his/her immediate family would be able to have an interest in or engage in any business, transaction, or professional activity in conflict with his/her duties as a member of the LBOE.
• No LBOE member could use his/her position to secure privileges, advantages or employment for himself/herself or for members of the immediate family or others.
• No LBOE member can be employed, compensated or not, in any employment that might prejudice his/her independence of judgment.
• Gifts, favors, loans, political contributions, services, promises of future employment or any other thing of value for the purpose of influencing his/her vote would be prohibited. (Does not apply to campaign contributions as long as favored action is not expected or promised in return)  Some exceptions are outlined in Code Section 16-10-2.
• LBOE members cannot use his/her position or any information gained by his/her position that is not public information for financial gain.
• LBOE members cannot represent any party other than the board or school system in any cause, proceeding, application, or other matter pending before the board or in any proceeding involving the local school system he/she serves.
• LBOE members can make inquiries for information on behalf of a constituent if nothing of value is promised in return.
• LBOE members would be prohibited from discussing with any outside person information subject to attorney-client privilege unless waived by the LBOE.
• LBOE members can be brought to a hearing by the board with due process and a 2/3 vote; and, if found in violation of a conflict of interest with a 2/3 vote of all the members of the board can be appropriately sanctioned.  The accused member can appeal to the SBOE.  This applies to LBOE members appointed or elected after July 1, 2010.
• By October 1, 2010 the SBOE would have to adopt a model code of ethics for local boards, including consequences for violation.
• Within 3 months of the SBOE’s adoption of a model code of ethics, all local boards would have to adopt a code of ethics that includes, at a minimum, the model code.  Any updates to the SBOE’s code would have to be incorporated into the local code within 3 months of its passage.
• If a board is placed on a level of accreditation immediately preceding loss of accreditation by an accrediting agency on the basis of school board governance related reasons, the SBOE would have to conduct a hearing in not less than 10 or more than 30 days after the announcement by the accrediting agency.
• If recommended by the SBOE, the Governor may suspend all members of the LBOE and in consultation with the SBOE appoint temporary replacements.
• Any LBOE member can petition the Governor for reinstatement  days no earlier than 30 days and no later than 60 days following the suspension.  After that time, no reinstatement is requested, the removal is permanent and the replacement’s position is permanent for the remainder of the term.
• The suspended LBOE member’ petition to the Governor would prompt a hearing with due process and if it is determined that returning the member to the board would facilitate retaining accreditation, then the Governor would do so.
• The suspension/re-instatement procedures outlined above would apply only to accreditation actions taken on or after July 1, 2010 and applies only to LBOE members appointed or elected after July 1, 2010.
• No one could serve as a superintendent who has an immediate family member serving on the LBOE or who has an immediate family member hired or promoted to principal, assistant principal or system administrative staff on or after July 1, 2009.
• By October 1, 2009 the SBOE would establish a board training program [currently the responsibility of GSBA] to include requirements established by them.
• LBOE members could be paid per diem and expenses for attendance at training sessions.

NOTE:

• It is unfortunate that the actions of a few members of a limited number of local boards in this state have brought us to this measure of specificity of expectations heretofore understood as standard conduct by many board members in our state and held sacred without specification in the law.