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Sen. Chance outlines response to SB 458, details ‘misinformation’Tue, 04/01/2008 - 3:52pm
By: Ben Nelms
The modified life-span and the controversy surrounding Senate Bill (SB) 458 has caused as much controversy as nearly anything in the recent history of Fayette County, at least in legislative terms. A significant portion of that controversy rested with a number of emails and statements, including those by Sen. Mitch Seabaugh and Sen. Eric Johnson, the author of the bill that addressed the educational fate of students in Clayton County public schools if that school system loses its accreditation in September. Both Seabaugh and Johnson issued taped statements last week referring to what they called “misinformation” on the effects of SB 458. Commenting Monday at the offices of Fayette County Board of Education, Sen. Ronnie Chance gave his take on that so-called “misinformation” and provided a chronology of his actions relating to the recent changes to SB 458 that generated tens of thousands of phone calls and emails to legislators and Gov. Sonny Perdue in the past two weeks. “I think the misinformation occurred in multiple emails that were sent out, phone calls that were made, indicating that the state Senate had passed a bill mandating, requiring, Fayette County to accept Clayton County students,” Chance said. “From what I understand, it was disseminated by various members of the education community. It was information that I think could have been erroneous.” Statements by Chance were reported last week in The Citizen indicating that he had been misled on the content of the amendment after the language had been changed from “may” attend based on space availability to “shall” attend and passed by unanimous consent by the Senate. “The part saying that I was misled, legislative counsel will probably still say they were correct in their assessment that the quantifier was based upon available space,” said Chance. “We, however, felt there was enough ambiguity there that we needed to change ‘shall’ back to ‘may.’ We wanted to solidify the bill to make sure there was no misinterpretation and the word ‘may’ would be reinserted.” Chance also gave a detailed account of his actions relating to the modifications to the bill. “We passed SB 458. The language said school systems ‘may’ take students, based on space availability, from school systems that lose accreditation. An amendment was offered on the floor by Sen. Thompson, Sen. Seay and Sen. Johnson that changed the word ‘may’ to ‘shall,’” said Chance. “Our legislative counsel in the Senate determined that the phrase ‘based upon available space’ still provided school systems with an option to accept or deny students at their own discretion. Local control, again, ruled the day. The reasoning they gave us was because under current law, and it’s been this way for generations, a school system may accept students from another system. It’s their choice. So that language was considered to be fairly innocuous and it still gave systems the choice and local control. So that amendment was considered non-controversial. The point was ‘based upon available space.’ Because it was non-controversial it was passed by unanimous consent, which is a legislative procedure that means there is no debate, there is no vote. We depend on legal counsel all the time.” Chance said most legislators in the General Assembly are not lawyers and not all lawyers are experts on legal code. He said legislative counsel determined it was the same code section, the same language and it gave the same benefit to the school system, enabling a board to choose to accept or deny. The bill passed basically along party lines, he said. “Upon further review, I got a phone call from Fayette School Board member Janet Smola saying they had some concerns about this word being changed to ‘shall.’ I had already talked to the author of the bill and asked if it was okay because it seemed so ambiguous. Legal counsel assured us it was fine,” said Chance. “I contacted Rep. Matt Ramsey and said we may need to change this in the House committee, since it has already gone to the House. That brings us to Monday (March 24). “We decided that I would call the author of the bill and Matt would call chairman and members of the House committee. Everybody agreed. But we could not change the language back to ‘may’ until the House committee met two days later on Wednesday because we were in recess. Matt and I both spoke to (Fayette Superintendent) John DeCotis on Monday to let him know we were going to change it back to ‘may.’ I also spoke with the Fayette PTO president and told him the same thing. I did not know at that time that an automated phone call had already been recorded and was apparently going out to parents in the school system. That’s great, because I want the local people to be involved. It’s great to be involved in what’s going on and to have transparency in government.” Chance said that on Tuesday (March 25) there were more conversations with DeCotis and Smola. They were told them the change would be made the next day at 3 p.m. “And we did when the committee met. Rep. Ramsey and others offered an amendment to change the language back to ‘may’ with the consent of the author of the bill,’ said Chance. login to post comments |