Senator FANNING proposed the following amendment (WAB\419C169.SM.WAB20):

Amend the committee report, as and if amended, by deleting SECTION 39.A. and inserting:

/SECTION 39. A. Section 59 -5-63 of the 1976 Code is amended to read:

"Section 59 -5-63. (A)(1)The State Board of Education shall promulgate regulations directing adopt, and revise as necessary, a policy that each local school board must use to develop and implement a plan that directs the principal of each elementary school having grades one kindergarten through six fifth grade to provide all full-time teachers who are assigned to a classroom with at least thirty minutes of unencumbered time on each regular school day to develop and implement a plan which shall equitably apportion lunchroom duty among the teachers so that each teacher has as many duty free lunch periods as may be reasonable in order to insure the safety and welfare of students and staff. The implementation of the plan shall not impose additional costs on the school districts. The regulations shall direct that the plan be in effect for the 1984 85 school year.

(2) The State Board of Education's policy must:

(a) provide the process that a local school board must follow in developing a unencumbered time policy, including, but not limited to, policy application, manner of application, and times of application;

(b) provide that unencumbered time may not be withheld or reduced, unless it is reasonable and necessary due to extreme and unavoidable circumstances to ensure the safety and welfare of students and staff;

(c) provide that additional compensation may not be offered in place of unencumbered time;

(d) provide penalties if a principal fails to comply with the local unencumbered time policy; and

(e) provide penalties if a local school board fails to comply with this section.

(B) The local school board must adopt an unencumbered time policy at a regularly scheduled meeting within three months of the State Board of Education's adoption of a statewide policy. The local school board's policy must include, at a minimum, the State Board of Education's policy but may also include additional provisions. If the State Board of Education revises the statewide policy, then the local school board must incorporate and adopt the revisions into the local unencumbered time policy at a regularly scheduled meeting within three months.

(C) The local school board must submit its unencumbered time policy and any subsequent revisions to the Department of Education within thirty days of adoption." /