10 LC
33 3421
Senate
Bill 361
By:
Senators Rogers of the 21st, Williams of the 19th, Moody of the 56th, Carter of
the 1st, Hill of the 32nd and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Article 33 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to the scholarship program for special needs students, so as
to expand eligibility for the program; to rename the scholarship the "Georgia
Early HOPE Scholarship"; to revise definitions; to provide for additional
notification of the program; to provide for additional state funds to be
included in the scholarship payment; to provide deadlines for scholarship
payments to parents; to provide for related matters; to provide for
severability; to provide an effective date; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
33 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to the scholarship program for special needs students, is amended by revising
Code Section 20-2-2110, relating to the short title, as follows:
"20-2-2110.
This
article shall be known and may be cited as the 'Georgia
Special
Needs
Early HOPE
Scholarship Act.'"
SECTION
2.
Said
article is further amended by revising Code Section 20-2-2111, relating to
legislative findings, as follows:
"20-2-2111.
The
General Assembly finds that:
(1)
Students
with disabilities
Many Georgia
students have special needs that merit
educational alternatives which will allow students to learn in an appropriate
setting and manner;
(2)
Parents are best equipped to make decisions for their children, including the
educational setting that will best serve the interests and educational needs of
their children;
(3)
Children, parents, and families are the primary beneficiaries of the scholarship
program authorized in this article and any benefit to private schools, sectarian
or otherwise, is purely incidental;
(4)
The scholarship program established in this article is for the valid secular
purpose of tailoring a student's education to that student's specific needs and
enabling families to make genuine and independent private choices to direct
their resources to appropriate schools; and
(5)
Nothing in this article shall be construed as a basis for granting vouchers or
tuition tax credits for any other
students,
with or without disabilities
not expressly
included in this
article."
SECTION
3.
Said
article is further amended by revising Code Section 20-2-2112, relating to
definitions, as follows:
"20-2-2112.
As
used in this article, the term:
(1)
'Board' means the State Board of Education.
(2)
'Department' means the Department of Education.
(2.1)
'Eligible student' means a:
(A)
Student with a disability;
(B)
Section 504 student;
(C)
Foster care student; or
(D)
Military family student.
(2.2)
'Foster care student' means a student who is or has been in a foster home or
otherwise in the foster care system under the Division of Family and Children
Services of the Department of Human Services. A person who has legal authority
to act on behalf of a foster care student shall not be considered a state actor
or agent of the state.
(2.3)
'Military family student' means a dependent child of a:
(A)
Parent in the military on active duty; or
(B)
Parent in the national guard or reserves.
(3)
'Parent' means a biological parent, legal guardian, custodian, or other person
with legal authority to act on behalf of a child.
(4)
'Participating school' means a private school that has notified the department
of its intention to participate in the
program,
and that complies with the department's requirements.
(5)
'Prior school year in attendance' means that the student was enrolled and
reported by a public school system or school systems for funding purposes during
the preceding October and March full-time equivalent (FTE) program counts in
accordance with Code Section 20-2-160.
(6)
'Private school' means a nonpublic school, sectarian or nonsectarian, which is
accredited or in the process of becoming accredited by one or more of the
entities listed in subparagraph (A) of paragraph (6) of Code Section 20-3-519.
(7)
'Program' means the scholarship program established pursuant to this
article.
(8)
'Resident school system' means the public school system in which the student
would be enrolled based on his or her residence.
(9)
'Scholarship' means a Georgia
Special
Needs
Early
HOPE Scholarship awarded pursuant to this
article.
(10)
'Scholarship student' means a student who receives a scholarship pursuant to
this article.
(11)
'Section 504 student' means a student who is eligible for services under Section
504 of the federal Rehabilitation Act of 1973 and shall have had a Section 504
plan written by the school in accordance with federal and state laws and
regulations.
(12)
'Student with a disability' means a student who:
(A)(i)
Has one or more of the following disabilities:
(I)
Autism;
(II)
Deaf/blind;
(III)
Deaf/hard of hearing;
(IV)
Emotional and behavioral disorder;
(V)
Intellectual disability;
(VI)
Orthopedic impairment;
(VII)
Other health impairment;
(VIII)
Specific learning disability;
(IX)
Speech-language impairment;
(X)
Traumatic brain injury; or
(XI)
Visual impairment; and
(ii)
Has had an individualized education program (IEP) written by the school in
accordance with federal and state laws and regulations; or
(B)
Is a student in the psychoeducational
program."
SECTION
4.
Said
article is further amended by revising Code Section 20-2-2113, relating to
annual notification of options available to parents of special needs children,
as follows:
"20-2-2113.
(a)
The resident school system shall
annually
notify prior to the beginning of each school year the parent
of
provide the
following notice to the parents of all enrolled
students
a student
with a disability by letter,
by
electronic means,
or by such
other reasonable means in a timely manner of the options available to the parent
under this article.
and, if the
school system utilizes automated telephone calls, by such automated system in
each January and April:
'Your
child may be eligible for a Georgia Early HOPE Scholarship to attend a private
school or another public school if your child has an Individualized Education
Program (IEP) or Section 504 plan, is currently or has been in foster care, or
has a parent currently in the military, reserves, or national guard.
Information may be found at www.earlyhopescholarship.org relating to eligibility
requirements.'
In
addition, the resident school system shall ensure that a student with a
disability is notified at each individualized education program (IEP) meeting
and a Section 504 student is notified at each Section 504 meeting.
(b)(1)
The parent may choose for the student to attend another public school within the
resident school system which has available space and which has a program with
the services agreed to in the student's existing individualized education
program for a
student with a disability or in the student's existing Section 504 plan, if the
student is a Section 504 student. If the
parent chooses this option, then the parent shall be responsible for
transportation to such school. The student may attend such public school
pursuant to this paragraph until the student completes all grades of the school,
graduates,
reaches the
age of 20, if the student is a foster care student or a military family
student, or reaches the age of 21,
if the student
is a student with a disability or is a Section 504
student, whichever occurs first, in
accordance with federal and state requirements for disabled
students. For
purposes of this paragraph, available space shall include all classrooms in
permanent buildings and existing portable units and
trailers;
(2)
The parent may choose to enroll the student in and transport the student to a
public school outside of the student's resident school system which has
available space and which has a program with the services agreed to in the
student's existing individualized education program
for a student
with a disability or in the student's existing Section 504 plan, if the student
is a Section 504 student. The public
school system
may, in its
sole discretion, accept the student, and
if it does, such system shall report the student for purposes of funding to the
department;
(3)
The parent may choose for the student to attend one of the state schools for the
deaf and blind operated by the State Board of Education, if appropriate for the
student's needs. Funding for such students shall be provided in accordance with
Code Section 20-2-302; or
(4)
The parent may request and receive from the department a scholarship for the
student to enroll in and attend a participating private school in accordance
with this article."
SECTION
5.
Said
article is further amended by revising Code Section 20-2-2114, relating to
qualifications for scholarship, as follows:
"20-2-2114.
(a)
A student shall qualify for a scholarship under this article if:
(1)
The
student's
parent currently resides within Georgia and has been a Georgia resident for at
least one year
student has
spent the prior school year in attendance at a Georgia public
school;
(2)
The student
has one or
more of the following disabilities:
is an eligible
student;
(A)
Autism;
(B)
Deaf/blind;
(C)
Deaf/hard of hearing;
(D)
Emotional and behavioral disorder;
(E)
Intellectual disability;
(F)
Orthopedic impairment;
(G)
Other health impairment;
(H)
Specific learning disability;
(I)
Speech-language impairment;
(J)
Traumatic brain injury; or
(K)
Visual impairment;
(3)
The student has spent the prior school year in attendance at a Georgia public
school and shall have had an Individualized Education Program (IEP) written by
the school in accordance with federal and state laws and
regulations;
(4)(3)
The parent obtains acceptance for admission of the student to a participating
school; and
(5)(4)
The parent submits an application for a scholarship to the department no later
than the deadline established by the
department;
provided, however, that the department shall provide application deadline
opportunities on August 1, October 1, January 1, and March 1 of each school year
for a student to transfer at any time throughout such school
year.
(b)
Upon acceptance of the scholarship, the parent assumes full financial
responsibility for the education of the scholarship student, including
transportation to and from the participating school.
(c)
For a student who participates in the program whose
parents
parent
request
requests
that
the
such
student take the state-wide assessments pursuant to Code Section 20-2-281, the
resident school system shall make available to the student locations and times
to take all state-wide assessments. Test scores of private school students
participating in the state-wide assessments shall not be applied to the system
averages of the resident school system for data reported for federal and state
requirements.
(d)
Students enrolled in a school operated by the Department of Juvenile Justice are
not eligible for the scholarship.
(e)
The scholarship shall remain in force until the student returns to his or her
assigned school in the resident public school system, graduates from high
school,
reaches the
age of 20, if the student is a foster care student or a military family
student, or reaches the age of 21,
if the student
is a student with a disability or is a Section 504
student, whichever occurs first. However,
at any time, the student's parent may remove the student from the participating
school and place the student in another participating school or public school as
provided for in Code Section 20-2-2113.
(f)
Acceptance
For a student
with a disability, acceptance of a
scholarship shall have the same effect as a parental refusal to consent to
services pursuant to the Individuals with Disabilities Education Act, 20
U.S.C.A. Section 1400, et seq.
(g)
The creation of the program or the granting of a scholarship pursuant to this
article shall not be construed to imply that a public school did not provide a
free and appropriate public education for a student or constitute a waiver or
admission by the state.
(h)
Any scholarship directed to a participating school is so directed wholly as a
result of the genuine and independent private choice of the parent.
(i)
The parent of each student participating in the scholarship program shall comply
fully with the participating school's rules and policies.
(j)
Any parent who fails to comply with the provisions of this article and
department regulations relating to the scholarship shall forfeit the
scholarship."
SECTION
6.
Said
article is further amended by revising Code Section 20-2-2115, relating to
eligibility requirements for schools participating in scholarship program, as
follows:
"20-2-2115.
(a)
To be eligible to enroll a scholarship student, a participating school
shall:
(1)
Have a physical location in Georgia where the scholarship students attend
classes and have direct contact with the school's teachers;
(2)
Demonstrate fiscal soundness by having been in operation for one school year or
by submitting a financial information report for the school that complies with
uniform financial accounting standards established by the department and
conducted by a certified public accountant. The report must confirm that the
school desiring to participate is insured and the owner or owners have
sufficient capital or credit to operate the school for the upcoming school year
serving the number of students anticipated with expected revenues from tuition
and other sources that may be reasonably expected. The report shall be limited
in scope to those records that are necessary for the department to make a
determination on fiscal soundness and to make payments to schools for
scholarships;
(3)
Comply with the antidiscrimination provisions of 42 U.S.C. Section
2000d;
(4)
Comply with all health and safety laws or codes that apply to private
schools;
(5)
Comply with all provisions of Code Section 20-2-690 and any other state law
applicable to private schools;
(6)
Regularly report to the parent and the department on the student's academic
progress, including the results of pre-academic assessments and post-academic
assessments given to the student, in accordance with department guidelines;
and
(7)
Employ
For
participating schools that receive one or more scholarship students with a
disability, employ or contract with
special
education teachers who hold a bachelor's
degree or higher degree or have at least three years of experience in education
or health and annually provide to the parents the relevant credentials of
the
such
teachers who will be teaching
their
such
scholarship students.
(b)
A home school operating under the provisions of Code Section 20-2-690 shall not
be eligible to enroll scholarship students.
(c)
Residential treatment facilities licensed or approved by the state shall not be
eligible to enroll scholarship students.
(d)
The creation of the program shall not be construed to expand the regulatory
authority of the state, its officers, or any public school system to impose any
additional regulation of nonpublic schools beyond those reasonably necessary to
enforce the requirements of this article.
(e)
A
participating
school intending to enroll scholarship students shall
submit an
application to
notify
the department by June 30 of the school year preceding the school year in which
it intends to enroll scholarship students. The notice shall specify the grade
levels and services that the school has available for students
with
disabilities who are participating in the
scholarship program.
A school
intending to enroll scholarship students in the 2007-2008 school year shall
submit an application no later than June 30, 2007.
(f)
The board shall approve a participating school's application to enroll
scholarship students if the school meets the eligibility requirements of this
article and complies with board rules established pursuant to Code Section
20-2-2117. The board shall make available to local school systems and the
public a list of participating schools.
(g)
Nothing in this Code section shall be construed to require a participating
school to adhere to the requirements of either the federal Individuals with
Disabilities Education Act or Section 504 of the federal Rehabilitation Act of
1973 or to prevent a participating school from providing single-sex
education."
SECTION
7.
Said
article is further amended by revising Code Section 20-2-2116, relating to
amount of scholarship, as follows:
"20-2-2116.
(a)
The maximum scholarship granted a scholarship student pursuant to this article
shall be an amount equivalent to the costs of the educational program that would
have been provided for the student in the resident school system as calculated
under Code Section 20-2-161
plus a
proportional share of state categorical grants, non-QBE state grants, state
equalization grants, and all other state grants and a proportional share of
funding for transportation, food services, and building programs. A
proportional amount shall be calculated by dividing the total funding by the
total number of students in the school
system. This shall not include any
federal funds.
(b)
The amount of the scholarship shall be the lesser of the amount calculated in
subsection (a) of this Code section or the amount of the participating school's
tuition and fees, if applicable. The amount of any assessment fee required by
the participating school may be paid from the total amount of the scholarship.
(c)
Scholarship students shall be counted in the enrollment of their resident school
system; provided, however, that this count shall only be for purposes of
determining the amount of the scholarship and the scholarship students shall not
be included as enrolled for purposes of state or federal accountability
requirements, including, but not limited to, the federal Elementary and
Secondary Education Act, as amended by the No Child Left Behind Act of 2001
(P.L. 107-110). The funds needed to provide a scholarship shall be subtracted
from the allotment payable to the resident school system.
(d)
Each local school system shall submit quarterly reports to the department on
dates established by the department stating the number of scholarship students
in the resident school system. Following each notification, the department
shall transfer from the state allotment to each school system the amount
calculated under Code Section 20-2-161 to a separate account for the scholarship
program for quarterly disbursement to the parents of scholarship students. When
a student enters the program, the department must receive all documentation
required for the student's participation, including the participating school's
and student's fee schedules at least 30 days before the
first
quarterly
initial
scholarship payment is made for the student. The department
may not
make any retroactive payments
shall only
make payments for days actually enrolled on a prorated
basis.
(e)
Upon proper documentation received by the department, the department shall make
equal
quarterly scholarship payments to the parents of scholarship students
on dates
established by the department
or, for
students who have been enrolled in a participating school for at least ten days
in the prior quarter if such students enrolled in the participating school after
the school's start date, the department shall make scholarship payments to the
parents of such students beginning on the next payment date included in this
subsection. The department shall make payments on or before September 1,
November 1, February 1, and April 1 for periods corresponding, respectively, to
July 1 through September 30, October 1 through December 31, January 1
through February 28, and March 1 through June
30 during each academic year in which the
scholarship is in force.
In the event
that a quarterly payment date is missed due to a student not having been
enrolled for at least ten days in the prior quarter, the full or prorated
scholarship amount, as applicable, for that deadline shall be included in the
payment on the next following payment deadline. The state auditor shall cite as
an audit exception any failure by the department to meet any such payment
deadlines and shall include such audit exceptions on the website established
pursuant to Code Section 50-6-32. The
initial payment shall be made upon evidence of admission to the participating
school, and subsequent payments shall be made on evidence of continued
enrollment and attendance at the participating school.
(f)
Payment to the parents must be made by individual warrant made payable to the
student's parent and mailed by the department to the participating school of the
parent's choice, and the parent shall restrictively endorse the warrant to the
participating school for deposit into the account of such school.
(g)
A person, on behalf of a participating school, may not accept a power of
attorney from a parent to sign a warrant, and a parent of a scholarship student
may not give a power of attorney designating a person, on behalf of a
participating school, as the parent's attorney in fact.
(h)
If the participating school requires partial payment of tuition prior to the
start of the academic year to reserve space for students admitted to the school,
that partial payment may be paid by the department prior to the first quarterly
payment of the year in which the scholarship is awarded, up to a maximum of
$1,000.00, and deducted from subsequent scholarship payments. If a student
decides not to attend the participating school, the partial reservation payment
must be returned to the department by such school. Only one reservation payment
per student may be made per year."
SECTION
8.
In
the event any section, subsection, sentence, clause, or phrase of this Act is
declared or adjudged to be invalid or unconstitutional, such declaration or
adjudication shall not affect the remaining portions of this Act, which shall
remain of full force and effect as if such portion so declared or adjudged
invalid or unconstitutional were not originally a part of this Act. The General
Assembly declares that it would have enacted the remaining parts of this Act if
it had known that such portion hereof would be declared or adjudged invalid or
unconstitutional.
SECTION
9.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.