Transcript 2013 GAINS Conference May 2, 2013

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No later than 14-15, each local system and charter
school shall implement evaluation system adopted
by SBOE for teachers of record, assistant principals,
and principals
Must use “multiple, rigorous and transparent
measures,”
Written notice required in “advance of the school
year of the measures and indicators to be used”
“growth in student achievement shall count at least
50%” - state assessments, SLOs, multiple additional
measures
Statute mandates number of meetings, notice of
annual evaluation within 5 days, right to request
conference with timelines
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Every teacher of record, principal, A.P. to
be rated:
› Exemplary
› Proficient
› Needs Development
› Ineffective
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“Ineffective” rating is evidence of
incompetency under Fair Dismissal Act
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Except as otherwise provided in Code
Section 20-2-948, local school systems
shall base decisions regarding retention,
promotion, compensation, dismissals,
and other staffing decisions, including
transfers, placements, and preferences
in the event of reductions in force,
primarily on the results of the evaluations
developed as required by this
subsection.
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O.C.G.A. § 20-2-211: Contract issuance
deadline is May 15 permanently.
 O.C.G.A. § 20-2-212 on salary: …a teacher
shall not receive credit for any year of
experience in which the teacher received
an unsatisfactory or ineffective annual
summative performance evaluation or for
the second year in which a teacher
receives two consecutive annual
summative needs development ratings
pursuant to Code Section 20-2-210.
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O.C.G.A. § 20-2-200, on PSC certification
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(c) An individual who has received any
combination of two unsatisfactory, ineffective, or
needs development annual summative
performance evaluations in the previous five-year
period pursuant to Code Section 20-2-210 shall not
be entitled to a renewable certificate prior to
demonstrating that such performance deficiency
has been satisfactorily addressed, but such
individual may apply to the commission for a
nonrenewable certificate, as defined by the
commission. Each local school system and charter
school shall report all unsatisfactory, ineffective, and
needs development ratings of all performance
evaluations as provided in Code Section 20-2-210
for certificated personnel in their employ in a
manner, format, and frequency determined by the
commission.
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March 1, 2013 = No more annual Ad
Valorem or Sales and Use Tax
NOW = A one-time tax based on value
"(11) For the period of time beginning
July 1, 2013, and ending June 30, 2015,
sales of motor fuel to public school
systems in this state for the exclusive use
of the school system in operating school
buses when the motor fuel is purchased
and paid for by the school
 14 system."
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13-10-4.
Lack of previous experience with job of same size no
longer necessary to disqualify IF:
(1) The bid or proposal is not more than 30 percent
greater in scope or cost from the bidder's previous
experience in jobs;
(2) The bidder has experience in performing the work
for which bids or proposals are sought; and
(3) The bidder is capable of being bonded by a surety
which meets the qualifications of the bid documents
for a bid bond, a performance bond, and a
payment bond as required for the scope of the work
for which the bid or proposal is being sought."
Cannot include in documents requirements:
a)
b)
That offerors enter into prehire agreements with specific
companies; or
That discriminate because offerors wouldn’t enter into such
agreements.
Can exempt from this process for imminent threat to public
health or safety
- must hold hearing
"(e) When the state invites competitive
sealed proposals for a public works
construction project and the request for
proposals for such project states that
price or project cost will not be a
selection or evaluation factor, no bid
bond shall be required unless the state
provides for a bid bond in the request for
proposals and specifies the amount of
such bond."
13-10-70.
Public works construction contracts may
include both liquidated damages provisions
for late construction project completion
and incentive provisions for early
construction project completion when the
project schedule is deemed to have value.
The terms of the liquidated damages
provisions and the incentive provisions shall
be established in advance as a part of the
construction contract and included within
the terms of the bid or proposal."
Requires a Concussion Management and
Return to Play policy
- Information sheet to parents about
nature and risk of concussion
- Insist athlete be removed form
competition and evaluated if showing
symptoms
- Can’t return to play until obtain
clearance from health care provider
(e) This Code section shall not create any liability for, or
create a cause of action against, a local board of
education, the governing body of a nonpublic
school, the governing body of a charter school, or a
public recreation facility or the officers, employees,
volunteers, or other designated personnel of any
such entities for any act or omission to act related to
the removal or nonremoval of a youth athlete from a
game, competition, tryout, or practice pursuant to
this Code section; provided, however, that for
purposes of this subsection, other designated
personnel shall not include health care providers
unless they are acting in a volunteer capacity."
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Schools authorized to “acquire and stock a
supply of auto-injectable epinephrine” with
prescription
Schools may designate trained “employee or
agent ” to be responsible for storage,
maintenance, and distribution
Employee can administer or give to student for
self-administration, even without student
prescription
School personnel who in good faith administer
or choose not to administer are immune from
civil liability for any act or omission to act,
unless misconduct is willful or wanton.
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Avoid mandates in policy and
procedures
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Provide discretion to those in charge
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Use the right words
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Written agreement between the governing
authority of a school and a private entity
authorizing such entity to access the
facilities of a school under the governing
authority's jurisdiction for the purposes of
conducting or engaging in recreational,
physical, or performing arts activity.
 Agreement must include terms and
conditions for use, hold-harmless provision,
allow governing authority to revoke at any
time, $1 million in liability insurance, and
citation to code section.
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Governing authority shall not be
deemed to have waived its sovereign
immunity as to damages arising out of
joint-use agreement.
 O.C.G.A. § 51-12-33 shall not apply to
claims of civil damages arising from use
of school’s facilities pursuant to
agreement.
 Applies to causes of action on or after
July 1, 2013.
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And Now the BIG MESS
(4) “Physical performance of services”
means the building, altering, repairing,
improving, or demolishing of any public
structure or building or other public
improvements of any kind to public real
property within this state, including the
construction, reconstruction, or
maintenance of all or part of a public road;
or any other performance of labor for a
public employer within this state under a
contract or other bidding process.
(3)(A) “Public benefit” means a federal benefit as
defined in 8 U.S.C. Section 1611, a state or local
benefit as defined in 8 U.S.C. Section 1621, a
benefit identified as a public benefit by the
Attorney General of Georgia, or a public benefit
which shall include the following:
(c) ‘‘State or local public benefit’’ defined
(1) Except as provided in paragraphs (2) and
(3), for purposes of this subchapter the term
‘‘State or local public benefit’’ means—
(A) any grant, contract, loan, professional license,
or commercial license provided by an
agency of a State or local government or by
appropriated funds of a State or local
government; and
This is…
It is the intent of the General Assembly that all
public employers and contractors at every
tier and level use the federal work
authorization program on all projects, jobs,
and work resulting from any bid or contract
and that every public employer and
contractor working for a public employer
take all possible steps to ensure that a legal
and eligible workforce is utilized in
accordance with federal immigration and
employment.
(4) ‘Physical performance of services’ means the building,
altering, repairing, improving, or demolishing of any public
structure or building or other public improvements of any
kind to public real property within this state, including the
construction, reconstruction, or maintenance of all or part
of a public road, or any other performance of labor or
services for a public employer within this state under a
contract or other using a bidding process or by contract
wherein the labor or services exceed $2,499.99; provided
however, that such term shall not include any contract
between a public employer and an individual who is
licensed pursuant to Title 26 or Title 43 or by the state Bar of
Georgia and is in good standing when such contract is for
services to rendered by such individual.
(4) (A) "Public benefit" means a federal benefit
as defined in 8 U.S.C. Section 1611, a state or
local benefit as defined in 8 U.S.C. Section 1621,
a benefit identified as a public benefit by the
Attorney General of Georgia, or a public benefit
which shall include the following:
(i) Adult education;
(ii) Authorization to conduct a commercial
enterprise or business;
(iii) Business certificate, license, or
registration;
(iv) Business loan;
(v) Cash allowance;
(vi) Disability assistance or insurance;
(vii) Down payment assistance;
(viii) Energy assistance;
(ix) Food stamps;
(4)(A) ‘Public benefit means a federal benefit as
defined in 8 U.S.C. Section 1611, a state or local benefit
as defined in 8 U.S.C. Section 1621, a benefit identified
as a public
(i)(A) Adult education;
(ii)(B) Authorization to conduct a commercial enterprise or business;
(iii)(C) Business certificate, license, or registration;
(iv)(D) Business loan;
(v)(E) Cash allowance;
(vi)(F) Disability assistance or insurance;
(vii)(G) Down payment assistance;
(viii)(H) Energy assistance;
(ix)(I) Food stamps;
(x)(J) Gaming license;
(K) Grants;
(xi)(L) Health benefits;
(xii)(M) Housing allowance, grant, guarantee, or loan;
(xiii)(N) Loan guarantee;
(xiv)(O) Professional license;
(R) Retirement Benefits;
(xix)(V) State grant or loan;
(xx)(W) State issued driver’s license and identification card;
(xxi)(X) Tax certificate required to conduct a commercial business;
(xxii)(Y) Temporary assistance for needy families (TANF);
(xxiii)(Z) Unemployment insurance; and
(xxiv)(AA) Welfare to work.
(B) Each year before August 1, the Attorney General shall prepare a detailed report
indicating any ‘public benefit’ that may be administered in this state as defined in 8
U.S.C. Sections 1611 and 1621 and whether such benefit is subject to SAVE verification
pursuant to this Code section. Such report shall provide the description of the benefit
and shall be updated annually and distributed to the members of the General Assembly
and be posted to the Attorney General’s website:
Title 26:
 Food – meat, poultry, dairy, eggs, bread,
grains, fish/seafood & soft drinks
 Drugs and cosmetics/pharmacists at
pharmacies
 Drug abuse treatment and education
programs
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Accountant
Architects
Athlete Agents
Ga. Athletic & Entertainment Commission
Athletic Trainers
Auctioneers
Barbers
Professional Counselors, Social Workers, and Marriage
and Family Therapists; Psychologists
Operators of Billiard Rooms
Professional Boxing
State Board of Cemeterians
Chiropractors
Cosmetologists
Dentists and Dental Hygienists
Disabled Veterans and Blind Persons Engaging in
Peddling, Operating Businesses or Practicing
Professions
Ignition Interlock Device Providers
Instructors in Driver Training and Operators of Driver
Training Schools
Electrical contractors, Plumbers, Conditioned Air
Contractors, Low-Voltage Contractors, & Utility
Contractors
Professional Engineers & Land Surveyors
Firearm Dealers
Charitable Solicitations
Funeral Directors & Establishments, Embalmers &
Crematories
Geologists
Hearing Aid Dealers & Dispensers
Registration of Immigration Assistance Act
Operators of Hotels, Inns & Roadhouses
Industrial Hygiene, Health Physics, & Safety Profession
Recognition & Title Protection
Junk Dealers
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Landscape Architects
Librarians
Massage Therapists
Operators of Motor Vehicle Racetracks
Music Therapy
Nurses
Nursing Home Administrators
Occupational & Physical Therapists;
Speech/Language Pathologist s & Audiologists
Dispensing Opticians
Optometrists
Pecan Dealers & Processors
Peddlers & Itinerant Traders
Physicians, Acupuncture, Physician Assistants,
Cancer and Glaucoma Treatment, Respiratory
Care, Clinical Perfusionists, and Orthotics and
Prosthetics Practice
Podiatry
Dealers in Precious Metals & Gems
Operators of Private Detective Businesses and
Private Security Businesses
Real Estate Appraisers, Brokers & Salespersons
Residential & General Contractors
Scrap Metal Processors
Snow Skiing Safety
Persons Engaged in Structural Pest Control
Transient Merchants
Used Motor Vehicle & Used Motor Vehicle Parts
Dealers
Dealers in Used Watches
Veterinarians & Vet Technicians
Water and Wastewater Treatment Plant
Operators and Laboratory Analysts
Patient Protection and
Affordable Care Act
Intent is to increase healthcare
coverage for all full-time workers
 January 2, 2013 IRS issued PROPOSED
rules:
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› Tries to Define:
 Large employer
 Full-time employee
 Variable-hour employee
A Large Employer is subject to an
assessment payment (penalty) if it fails to
offer it’s full-time employee’s enrollment
opportunities in healthcare coverage
(minimum essential coverage)
What is a Large Employer?
“… an employer that employed on average of
at least 50 full-time employees … during the
preceding calendar year.”
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An employee who is employed on average
at least 30 hours of service per week
› 30 hours of service/week … when?
› The dreaded “Look-Back” period
› Not less than 3 nor more than 12 consecutive
months
› Look-back period up to employer
› If employee averaged 30 hours of service per
week in look-back = treat as full-time during
subsequent period (stability period) “regardless
of the employee’s hours of service… so long as
he or she recommended an employee.”
Substitutes of all kinds
 Used on an as needed basis
 Problematic – hours are unpredictable
and not guaranteed
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Temporary employee vs. variable hour
employee
 Restricting weekly hours of employee
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