WEEKLY LEGISLATIVE REPORT – January 27, 2006

Proposed school spending mandate raises concerns

By Rep. Hugh Floyd

Gov. Perdue’s proposal that would mandate how local school systems allocate their expenditures is raising concerns among education leaders across Georgia. Under the plan, local schools would have to spend 65 percent of their budgets on questionably defined “in-classroom activities” by the 2008 fiscal year.

While well intended, Senate Bill 390 would appear to contradict the governor’s previous assertion that Georgians don’t want a “busybody” government, since it gives more power to the State Board of Education at the expense of local school boards, dictating how local property tax revenue must be expended.

Local school systems already allocate an average of 63 percent of their funds to classrooms; many systems exceed that. Moreover, the state’s percentage spending on classrooms fell in each of the last three years because the governor cut $1.1 billion in funding for public schools.

The bill’s definition of in-classroom spending fails to cover many important programs, including school libraries, teacher training and curriculum development. Rural systems that must spend heavily on transportation to schools at a greater distance might also face additional budget dilemmas because of this mandate.

Local boards of education should be making their budget decisions on the academic needs of their students, not an arbitrary formula. Local boards usually have no discretions over how federal funds may be spent, and it is unreasonable to include them in the 65 percent mandate. School accreditation standards require a certain number of administrative and counselor positions, and neither of these counts toward the 65 percent requirement.

Left outside the “in the classroom” definition under SB 390 are the following: professional learning, media center (library) materials, media specialist (school librarian), guidance counselor, high school completion counselor, academic coaches, literacy coaches, instructional specialists and school psychologists.

For all of these reasons, I will oppose SB 390 if it reaches the House, but in the meantime, you should contact your state Senator and urge him or her to defeat this legislation in the Senate.

This week, I co-sponsored House Bill 1093, which would allow law enforcement officers to issue citations for most non-traffic misdemeanor offenses and, at the officer’s discretion, release the person arrested on his or her own recognizance until the scheduled court date. The legislation was referred to the House Judiciary (Non-Civil) Committee for its consideration.

Also, the school safety legislation I co-sponsored, HB 465, was favorably reported by the House Public Safety Committee this week and is headed for a vote on the House floor. This bill targets loitering on school property and would establish guidelines for visiting public schools in order to help keep our students safe.

The House of Representatives approved several legislative proposals that would assist the fire fighters who put their lives on the line protecting us. Strengthening their retirement fund is the least we can do in the General Assembly. HB 344 would allow any retired person who again becomes an employee of a fire department or volunteer fire department to apply to become a member of the fund within six months of reemployment.  HB 357 would change the Georgia Class Nine Fire Department Pension Plan Fund, by increasing the maximum monthly retirement benefit from $165 to $500. HB 660 would permit creditable service back into the Class Nine Pension Fund for any member who left active employment as a firefighter because they were called to active military duty. Each of these bills will now be considered by the Senate.

Other legislation adopted by the House and sent to the Senate this week included:

HB 895, which would allow law enforcement officers who are members of the Peace Officers Annuity and Benefit Fund, who have been transferred to the Department of Driver Service or the Department of Public Safety, to keep their membership in the fund.

HB 999, which creates the position of a veterinary assistant. This is someone who is trained in veterinary technology but is not registered as a veterinary technician. However, the legislation clarifies that they are prohibited from making a diagnosis or prognosis, prescribing treatment, performing surgery and prescribing medication. They must also always be under the supervision of a licensed veterinarian.

HB 973, which would allow law enforcement officers to operate radar and speed detection devices in school zones regardless of the road grade. Currently, speed detection devices cannot be used on roads with higher than a 7 percent grade. This measure is intended to keep children safe when they are crossing the street or are near a busy intersection.

HB 251, which would allow an unmarried member of the state’s retirement system to receive a retirement option of an actuarially reduced amount with payment made to a designated surviving beneficiary.  If the member is married and makes the same selection, their spouse shall be the beneficiary unless someone else is designated with the consent of the spouse. 

HB 809, which would allow members of the Superior Court Clerk’s Retirement System upon retirement to receive 90 percent of the benefits they would receive during the remainder of the their life. After the member’s death, the surviving spouse shall receive a benefit equal to 50 percent of the amount they would have received had the member elected the full benefits.  To be eligible, the spouse must have been married to the member for at least six years immediately preceding the member’s death.  The benefits do not commence until the surviving spouse reaches 55 years old. 

HB 821, which would permit a Superior Court judge or district attorney who is an active member of the Georgia Judicial Retirement System to obtain up to five years of creditable service for certain prior service as a circuit-paid assistant district attorney.

This week, Georgia Supreme Court Chief Justice Leah Sears gave her State of the Judiciary to House and Senate members. She reported the state of the judiciary is strong, sound and working well for the citizens of Georgia. Underscoring her address was the need to increase courtroom security throughout the state in light of the tragic shootings at the Fulton County Courthouse last year. She also asked the General Assembly to fund more Superior Court Judges to reduce caseloads.

The General Assembly will return to full session Tuesday, Jan. 31, after being in official recess Friday and Monday while Appropriations Committee members worked on the supplemental budget for the remainder of the current fiscal year. Thursday was the ninth legislative day out of a maximum of 40.