09 LC
33 3238S
The
Senate Education and Youth Committee offered the following substitute to HB
251:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to elementary and secondary education, so as to provide the option for parents
to enroll their child in another school within the local school system or in a
school in another local school system; to provide for definitions; to provide
for statutory construction; to provide for related matters; to provide for an
effective date and applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary
and secondary education, is amended by adding a new article to read as follows:
"ARTICLE
34
20-2-2130.
As
used in this article, the term:
(1)
'Department' means the Department of Education.
(2)
'Parent' means a biological parent, legal guardian, custodian, or other person
with legal authority to act on behalf of a child.
(3)
'Resident school system' means the public school system in which the student
would be enrolled based on his or her residence.
20-2-2131.
(a)
The parent of a student enrolled in a public elementary or secondary school in
this state may:
(1)(A)
Beginning in school year 2009-2010, elect to enroll such student in a public
school that is located within the school system in which the student resides
other than the one to which the student has been assigned by the local board of
education if such school has classroom space available after its assigned
students have been enrolled. The parent shall assume the responsibility and cost
of transportation of the student to and from the school.
(B)
No later than July 1, 2009, each local school system shall establish a
universal, streamlined process available to all students to implement the
transfer requirements of subparagraph (A) of this paragraph.
(C)
A student who transfers to another school pursuant to this paragraph may, at his
or her election, continue to attend such school until the student completes all
grades of the school.
(D)
This paragraph shall not be construed to affect any student currently attending
a school other than the school to which the student has been assigned by the
local board of education pursuant to a transfer authorized under the federal No
Child Left Behind Act (P.L. 107-110); or
(2)
Beginning in school year 2010-2011, request a transfer for the student to attend
a public school outside of the student's resident school system. It shall be in
the sole discretion of the local board of education, with input from the school
council of the desired school, to accept students pursuant to this paragraph.
If the parent chooses this option, then the parent shall be responsible for
transportation to and from such school. The parent of a student transferring to
another school pursuant to this paragraph shall be required to sign a standard
contract with the receiving school agreeing that the parent and student will
abide by all school rules and procedures and that the violation of any such
rules or procedures may result in being removed from the school. If the school
accepts the student, such system shall report the student for purposes of
funding to the department. The department shall pay to each receiving school
through appropriation of state and federal funds an amount equal to the sum
of:
(A)
QBE formula earnings, QBE grants, and federal grants earned by the school based
on the school's enrollment, school profile, and student characteristics. QBE
formula earnings shall include the salary portion of direct instructional costs,
the adjustment for training and experience, the nonsalary portion of direct
instructional costs, and earnings for psychologists and school social workers,
school administration, facility maintenance and operation, media centers,
additional days of instruction in accordance with Code Section 20-2-184.1, and
staff development;
(B)
A proportional share of state categorical grants, non-QBE state grants, state
equalization grants, and all other state and federal grants; and
(C)
An amount determined by the department for each student enrolled in such school
equal to a proportional share of local revenue from the local school system in
which the student attending the school resides.
The
total allotment of state and federal funds to the resident school system of a
student attending another school pursuant to this paragraph shall be calculated
as otherwise provided in Article 6 of this chapter with an ensuing reduction
equivalent to the amount of state and federal funds appropriated to the
receiving school pursuant to this paragraph.
In
the event that the total allotment of state and federal funds to the receiving
school system is less than the cost to the receiving school system to educate
such student, as compared to its resident students, the receiving school system
shall be authorized to charge the student tuition for the difference in such
amounts.
(b)
The State Board of Education shall establish a model universal, streamlined
process to implement the transfer provisions of this Code section. The process
shall provide that the receiving school system notify the resident school system
within ten days of accepting a transfer student. Each local board of education
shall adopt a universal, streamlined transfer process that includes, at a
minimum, such state model. Such local process shall include a deadline for
submitting transfer requests.
(c)
Each local school system shall annually notify prior to each school year the
parents of each student by letter, electronic means, or by such other reasonable
means in a timely manner of the options available to the parent under this
article.
(d)
This Code section shall not apply to charter schools.
(e)
This Code section shall not apply to newly opened schools with available
classroom space for a period of four years after the school
opens."
SECTION
2.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.