SB 678 - QBE Program Task Force & Compre- hensive Ed.Info.Network- provisions

First Reader Summary

A bill to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to change certain provisions relating to Quality Basic Education Program task force and state-wide comprehensive educational information network; to change certain provisions relating to listing of educational entities and requirements for private schools and home study programs.

Hill, Jack (4th) Crotts, Mike D (17th) Bowen, Rooney L (13th)
Marable, Richard O (52nd)
Status Summary HC: SC: Ed LA: 03/12/98 S - Read 2nd Time
Page Numbers - 1/ 2/ 3/ 4/ 5/ 6/ 7/ 8/ 9/ 10
Code Sections - 20-2-690/ 20-2-753.1
Senate Action House
2/24/98 Read 1st time
3/10/98 Favorably Reported
3/12/98 Read 2nd Time

SB 678 98                                          LC 25 0968 
 
      SENATE BILL 678 
 
      By:  Senators Hill of the 4th, Crotts of the 17th, 
           Bowen of the 13th and Marable of the 52nd 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Chapter 2 of Title 20 of the Official Code of 
  1- 2  Georgia Annotated, relating to elementary and secondary 
  1- 3  education, so as to change certain provisions relating to 
  1- 4  Quality Basic Education Program task force and state-wide 
  1- 5  comprehensive educational information network; to change 
  1- 6  certain provisions relating to listing of educational 
  1- 7  entities and requirements for private schools and home study 
  1- 8  programs; to change certain provisions relating to 
  1- 9  cooperation of principals and teachers in public schools 
  1-10  with visiting teachers and attendance officers and 
  1-11  attendance reports and records kept by public schools; to 
  1-12  provide for hearings, determinations, appeals, and reports 
  1-13  relating to suspension of minor students' instruction 
  1-14  permits or drivers' licenses for certain school related 
  1-15  misconduct, absenteeism, or dropping out; to amend Code 
  1-16  Section 40-5-22 of the Official Code of Georgia Annotated, 
  1-17  relating to persons not to be issued motor vehicle drivers' 
  1-18  licenses, minimum ages for licensees, and school attendance 
  1-19  requirements, so as to change certain provisions relating to 
  1-20  school enrollment; to change certain provisions relating to 
  1-21  hearings, appeals, and suspension of minor students' 
  1-22  instruction permits or drivers' licenses for certain school 
  1-23  related misconduct, absenteeism, or dropping out; to provide 
  1-24  an effective date; to repeal conflicting laws; and for other 
  1-25  purposes. 
 
  1-26       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-27                           SECTION 1. 
 
  1-28  Chapter 2 of Title 20 of the Official Code of Georgia 
  1-29  Annotated, relating to elementary and secondary education, 
  1-30  is amended by striking subsection (g) of Code Section 
  1-31  20-2-320, relating to Quality Basic Education Program task 
  1-32  force and state-wide comprehensive educational information 
  1-33  network, which reads as follows: 
 
  1-34    "(g) Notwithstanding any other provision of law, the 
  1-35    Department of Education is authorized to and shall obtain 
 
 
                                 -1- 
 
 
 
  2- 1    and provide  to the Department of Public Safety in a form 
  2- 2    to be agreed upon between the departments enrollment, 
  2- 3    attendance, and suspension information regarding minors 15 
  2- 4    through 17 years of age reported pursuant to Code Sections 
  2- 5    20-2-690 and 20-2-697, to be used solely for the purposes 
  2- 6    set forth in subsection (a.1) of Code Section 40-5-22." 
 
  2- 7                           SECTION 2. 
 
  2- 8  Said chapter is further amended by striking Code Section 
  2- 9  20-2-690, relating to listing of educational entities and 
  2-10  requirements for private schools and home study programs, 
  2-11  and inserting in lieu thereof the following: 
 
  2-12    "20-2-690. 
 
  2-13    (a) This subpart recognizes the existence of public 
  2-14    schools, private schools, and home study programs as 
  2-15    educational entities. 
 
  2-16    (b) As used in this subpart, the term 'private school' 
  2-17    means an institution meeting the following criteria or 
  2-18    requirements: 
 
  2-19      (1) The primary purpose of the institution is to provide 
  2-20      education or, if the primary purpose of the institution 
  2-21      is religious in nature, the institution shall provide 
  2-22      the basic academic educational program specified in 
  2-23      paragraph (4) of this subsection; 
 
  2-24      (2) The institution is privately controlled and operates 
  2-25      on a continuing basis; 
 
  2-26      (3) The institution provides instruction each 12 months 
  2-27      for the equivalent of 180 school days of education with 
  2-28      each school day consisting of at least four and one-half 
  2-29      school hours; 
 
  2-30      (4) The institution provides a basic academic 
  2-31      educational program which includes, but is not limited 
  2-32      to, reading, language arts, mathematics, social studies, 
  2-33      and science; 
 
  2-34      (5) Within 30 days after the beginning of each school 
  2-35      year, it shall be the duty of the administrator of each 
  2-36      private school to provide to the school superintendent 
  2-37      of each local public school district which has residents 
  2-38      enrolled in the private school a list of the name, age, 
  2-39      and residence of each resident so enrolled. At the end 
  2-40      of each school month, it shall be the duty of the 
  2-41      administrator of each private school to notify the 
 
 
                                 -2- 
 
 
 
  3- 1      school superintendent of each local public school 
  3- 2      district of the name, age, and residence of each student 
  3- 3      residing in the public school district who enrolls or 
  3- 4      terminates enrollment at the private school during the 
  3- 5      immediately preceding school month. Such records shall 
  3- 6      indicate when attendance has been suspended and the 
  3- 7      grounds for such suspension.  Enrollment records and 
  3- 8      reports shall not be used for any purpose except 
  3- 9      providing necessary enrollment information, except with 
  3-10      the permission of the parent or guardian of a child, 
  3-11      pursuant to the subpoena of a court of competent 
  3-12      jurisdiction, or for verification of attendance by the 
  3-13      Department of Public Safety for the purposes set forth 
  3-14      in subsection (a.1) of Code Section 40-5-22  20-2-753.1; 
  3-15      and 
 
  3-16      (6) Any building used by the institution for private 
  3-17      school purposes meets all health and safety standards 
  3-18      established under state law and local ordinances. 
 
  3-19    (c) Parents or guardians may teach their children at home 
  3-20    in a home study program which meets the following 
  3-21    requirements: 
 
  3-22      (1) The parent, parents, or guardian must submit within 
  3-23      30 days after the establishment of a home study program 
  3-24      and by September 1 annually thereafter a declaration of 
  3-25      intent to utilize a home study program to the 
  3-26      superintendent of schools of the local school district 
  3-27      in which the home study program is located; 
 
  3-28      (2) The declaration shall include a list of the names 
  3-29      and ages of the students who are enrolled in the home 
  3-30      study program, the address where the home study program 
  3-31      is located, and a statement of the 12 month period that 
  3-32      is to be considered the school year for that home study 
  3-33      program. Enrollment records and reports shall not be 
  3-34      used for any purpose except providing necessary 
  3-35      enrollment information, except with the permission of 
  3-36      the parent or guardian of a child, pursuant to the 
  3-37      subpoena of a court of competent jurisdiction, or for 
  3-38      verification of attendance by the Department of Public 
  3-39      Safety for the purposes set forth in subsection (a.1) of 
  3-40      Code Section 40-5-22 20-2-753.1; 
 
  3-41      (3) Parents or guardians may teach only their own 
  3-42      children in the home study program, provided the 
  3-43      teaching parent or guardian possesses at least a high 
 
 
 
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  4- 1      school diploma or a general educational development 
  4- 2      (GED) equivalency diploma, but the parents or guardians 
  4- 3      may employ a tutor who holds at least a baccalaureate 
  4- 4      college degree to teach such children; 
 
  4- 5      (4) The home study program shall provide a basic 
  4- 6      academic educational program which includes, but is not 
  4- 7      limited to, reading, language arts, mathematics, social 
  4- 8      studies, and science; 
 
  4- 9      (5) The home study program must provide instruction each 
  4-10      12 months to home study students equivalent to 180 
  4-11      school days of education with each school day consisting 
  4-12      of at least four and one-half school hours unless the 
  4-13      child is physically unable to comply with the rule 
  4-14      provided for in this paragraph; 
 
  4-15      (6) Attendance records for the home study program shall 
  4-16      be kept and shall be submitted at the end of each month 
  4-17      to the school superintendent of the local school 
  4-18      district in which the home study program is located. 
  4-19      Attendance records and reports shall not be used for any 
  4-20      purpose except providing necessary attendance 
  4-21      information, except with the permission of the parent or 
  4-22      guardian of a child, pursuant to the subpoena of a court 
  4-23      of competent jurisdiction, or for verification of 
  4-24      attendance by the Department of Public Safety for the 
  4-25      purposes set forth in subsection (a.1) of Code Section 
  4-26      40-5-22 20-2-753.1; 
 
  4-27      (7) Students in home study programs shall be subject to 
  4-28      an appropriate nationally standardized testing program 
  4-29      administered in consultation with a person trained in 
  4-30      the administration and interpretation of norm reference 
  4-31      tests to evaluate their educational progress at least 
  4-32      every three years beginning at the end of the third 
  4-33      grade and records of such tests and scores shall be 
  4-34      retained but shall not be required to be submitted to 
  4-35      public educational authorities; and 
 
  4-36      (8) The home study program instructor shall write an 
  4-37      annual progress assessment report which shall include 
  4-38      the instructor's individualized assessment of the 
  4-39      student's academic progress in each of the subject areas 
  4-40      specified in paragraph (4) of this subsection, and such 
  4-41      progress reports shall be retained by the parent, 
  4-42      parents, or guardian of children in the home study 
  4-43      program for a period of at least three years. 
 
 
 
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  5- 1    (d) Any person who operates a private school without 
  5- 2    complying with the requirements of subsection (b) of this 
  5- 3    Code section or any person who operates a home study 
  5- 4    program without complying with the requirements of 
  5- 5    subsection (c) of this Code section shall be guilty of a 
  5- 6    misdemeanor and, upon conviction thereof, shall be 
  5- 7    punished by a fine not to exceed $100.00. 
 
  5- 8    (e) The State Board of Education shall devise, adopt, and 
  5- 9    make available to local school superintendents, who shall 
  5-10    in turn make available to administrators of private 
  5-11    schools and parents or guardians with children in home 
  5-12    study programs, such printed forms and procedures as may 
  5-13    be reasonably necessary to carry out efficiently the 
  5-14    reporting provisions of this Code section, but such 
  5-15    printed forms and procedures shall not be inconsistent 
  5-16    with or exceed the requirements of this Code section." 
 
  5-17                           SECTION 3. 
 
  5-18  Said chapter is further amended by striking subsection (a) 
  5-19  of Code Section 20-2-697, relating to cooperation of 
  5-20  principals and teachers in public schools with visiting 
  5-21  teachers and attendance officers and attendance reports and 
  5-22  records kept by public schools, and inserting in lieu 
  5-23  thereof the following: 
 
  5-24    "(a) Visiting teachers and attendance officers shall 
  5-25    receive the cooperation and assistance of all teachers and 
  5-26    principals of public schools in the local school systems 
  5-27    within which they are appointed to serve.  It shall be the 
  5-28    duty of the principals or local school site administrators 
  5-29    and of the teachers of all public schools to report, in 
  5-30    writing, to the visiting teacher or attendance officer of 
  5-31    the local school system the names, ages, and residences of 
  5-32    all students in attendance at their schools and classes 
  5-33    within 30 days after the beginning of the school term or 
  5-34    terms and to make such other reports of attendance in 
  5-35    their schools or classes as may be required by rule or 
  5-36    regulation of the State Board of Education.  All public 
  5-37    schools shall keep daily records of attendance, verified 
  5-38    by the teachers certifying such records. Such reports 
  5-39    shall be open to inspection by the visiting teacher, 
  5-40    attendance officer, or duly authorized representative at 
  5-41    any time during the school day.  Any such attendance 
  5-42    records and reports which identify students by name shall 
  5-43    be used only for the purpose of providing necessary 
  5-44    attendance information required by the state board or by 
 
 
                                 -5- 
 
 
 
  6- 1    law, except with the permission of the parent or guardian 
  6- 2    of a child, pursuant to the subpoena of a court of 
  6- 3    competent jurisdiction, or for verification of attendance 
  6- 4    by the Department of Public Safety for the purposes set 
  6- 5    forth in subsection (a.1) of Code Section 40-5-22 
  6- 6    20-2-753.1.  Such attendance records shall also be 
  6- 7    maintained in a format which does not identify students by 
  6- 8    name, and in this format shall be a part of the data 
  6- 9    collected for the student record component of the 
  6-10    state-wide comprehensive educational information network 
  6-11    pursuant to subsection (b) of Code Section 20-2-320 and 
  6-12    for the annual profiles pursuant to subsection (d) of Code 
  6-13    Section 20-2-282." 
 
  6-14                           SECTION 4. 
 
  6-15  Said chapter is further amended by adding a new Code Section 
  6-16  20-2-753.1 to read as follows: 
 
  6-17    "20-2-753.1. 
 
  6-18      (a)(1) For purposes of suspension of a motor vehicle 
  6-19      instruction permit or driver's license under paragraph 
  6-20      (2) of subsection (a.1) of Code Section 40-5-22, the 
  6-21      local board of education shall promptly notify the State 
  6-22      Board of Education after a determination has been made 
  6-23      that a minor student in the local school system, other 
  6-24      than a student who has terminated his or her secondary 
  6-25      education and is enrolled in a postsecondary school or 
  6-26      who has permission of his or her parent or guardian to 
  6-27      withdraw from school: 
 
  6-28        (A) Has dropped out of school without graduating and 
  6-29        has remained out of school for ten consecutive school 
  6-30        days; 
 
  6-31        (B) Has more than ten consecutive school days of 
  6-32        unexcused absences in any semester or combination of 
  6-33        two consecutive quarters; or 
 
  6-34        (C) Shall be suspended from school for: 
 
  6-35          (i) Threatening, striking, or causing bodily harm to 
  6-36          a teacher or other school personnel; 
 
  6-37          (ii) Possession or sale of drugs or alcohol on 
  6-38          school property; or 
 
  6-39          (iii) Possession or use of a weapon on school 
  6-40          property. For purposes of this subparagraph, the 
  6-41          term 'weapon' shall not include any part of an 
 
 
                                 -6- 
 
 
 
  7- 1          archeological or cultural exhibit brought to school 
  7- 2          in connection with a school project. 
 
  7- 3      (2) For purposes of suspension of a motor vehicle 
  7- 4      instruction permit or driver's license under paragraph 
  7- 5      (2) of subsection (a.1) of Code Section 40-5-22, the 
  7- 6      local board of education shall promptly notify the State 
  7- 7      Board of Education after a determination has been made 
  7- 8      that a minor student enrolled in a private school or 
  7- 9      home study program, as applicable, other than a student 
  7-10      who has terminated his or her secondary education and is 
  7-11      enrolled in a postsecondary school or who has permission 
  7-12      of his or her parent or guardian to withdraw from 
  7-13      school: 
 
  7-14        (A) Has dropped out of school without graduating and 
  7-15        has remained out of school for ten consecutive school 
  7-16        days; 
 
  7-17        (B) Has more than ten consecutive school days of 
  7-18        unexcused absences in any semester or combination of 
  7-19        two consecutive quarters; or 
 
  7-20        (C) Has been suspended from school for: 
 
  7-21          (i) Threatening, striking, or causing bodily harm to 
  7-22          a teacher or  other school personnel; 
 
  7-23          (ii) Possession or sale of drugs or alcohol on 
  7-24          school property; or 
 
  7-25          (iii) Possession or use of a weapon on school 
  7-26          property.  For purposes of this division, the term 
  7-27          'weapon' shall not include any part of an 
  7-28          archeological or cultural exhibit brought to school 
  7-29          in connection with a school project. 
 
  7-30    (b) The determination specified in subsection (a) of this 
  7-31    Code section shall be made by a hearing officer, panel, or 
  7-32    tribunal of school officials appointed by a local board of 
  7-33    education and under the same procedures as provided for 
  7-34    disciplinary hearings in Code Section 20-2-754, and appeal 
  7-35    of such determination may be made likewise.  In addition 
  7-36    to any contents of the notice required by Code Section 
  7-37    20-2-754, for purposes of this Code section such notice 
  7-38    shall contain a statement that a determination made in 
  7-39    accordance with this Code section shall result in 
  7-40    suspension of the minor's instruction permit or driver's 
  7-41    license.  In the case of a public school student, a 
  7-42    hearing or appeal pursuant to this subsection may be in 
 
 
                                 -7- 
 
 
 
  8- 1    conjunction with a disciplinary hearing for such student 
  8- 2    pursuant to Code Section 20-2-753 or appeal therefrom. 
  8- 3    For purposes of this Code section, if appeal of such a 
  8- 4    determination is timely made, notice of the determination 
  8- 5    shall be provided to the State Board of Education only if 
  8- 6    the determination is upheld by the decision of the local 
  8- 7    board of education. 
 
  8- 8    (c) The State Board of Education shall promptly notify the 
  8- 9    Department of Public Safety regarding any notice of a 
  8-10    determination reported to the State Board of Education as 
  8-11    provided in this Code section, notwithstanding the filing 
  8-12    of any appeal pursuant to Code Section 20-2-1160." 
 
  8-13                           SECTION 5. 
 
  8-14  Code Section 40-5-22 of the Official Code of Georgia 
  8-15  Annotated, relating to persons not to be issued motor 
  8-16  vehicle drivers' licenses, minimum ages for licensees, and 
  8-17  school attendance requirements, is amended by striking 
  8-18  subsection (a.1) and inserting in lieu thereof the 
  8-19  following: 
 
  8-20      "(a.1)(1) The department shall not issue an instruction 
  8-21      permit or driver's license to a person who is younger 
  8-22      than 18 years of age unless at the time such minor 
  8-23      submits an application for an instruction permit or 
  8-24      driver's license the applicant presents acceptable proof 
  8-25      that he or she has received a high school diploma, a 
  8-26      general educational development (GED) equivalency 
  8-27      diploma, a special diploma, or a certificate of high 
  8-28      school completion, has permission of his or her parent 
  8-29      or guardian to withdraw from school, or has terminated 
  8-30      his or her secondary education and is enrolled in a 
  8-31      postsecondary school or the records submits proof to the 
  8-32      satisfaction of the department indicate that said 
  8-33      applicant: 
 
  8-34        (A) Is enrolled in and not under suspension from a 
  8-35        public or private school and satisfies relevant 
  8-36        attendance requirements as set forth in paragraph (2) 
  8-37        of this subsection; or 
 
  8-38        (B) Is enrolled in a home education program that 
  8-39        satisfies the requirements of all state laws governing 
  8-40        such courses. 
 
  8-41      (2) The department shall forthwith notify by certified 
  8-42      mail, return receipt requested, suspend the driver's 
 
 
 
                                 -8- 
 
 
 
  9- 1      license or instruction permit of any minor issued an 
  9- 2      instruction permit or driver's license in accordance 
  9- 3      with this subsection other than a minor who has 
  9- 4      terminated his or her secondary education and is 
  9- 5      enrolled in a postsecondary school or who has permission 
  9- 6      of his or her parent or guardian to withdraw from school 
  9- 7      that such minor's instruction permit or driver's license 
  9- 8      is suspended subject to review as provided for in this 
  9- 9      subsection if the records of the department indicate 
  9-10      upon receiving notice from the State Board of Education 
  9-11      pursuant to Code Section 20-2-753.1 that such minor has 
  9-12      dropped out of school, been absent from school, or been 
  9-13      suspended from school as specified in that Code 
  9-14      section.:  
 
  9-15        (A) Has dropped out of school without graduating and 
  9-16        has remained out of school for ten consecutive school 
  9-17        days;  
 
  9-18        (B) Has more than ten consecutive school days of 
  9-19        unexcused absences in any semester or combination of 
  9-20        two consecutive quarters; or  
 
  9-21        (C) Has been suspended from school for:  
 
  9-22          (i) Threatening, striking, or causing bodily harm to 
  9-23          a teacher or other school personnel;  
 
  9-24          (ii) Possession or sale of drugs or alcohol on 
  9-25          school property; or  
 
  9-26          (iii) Possession or use of a weapon on school 
  9-27          property. For purposes of this subparagraph, the 
  9-28          term 'weapon' shall not include any part of an 
  9-29          archeological or cultural exhibit brought to school 
  9-30          in connection with a school project.  
 
  9-31      Notice given by certified mail with return receipt 
  9-32      requested mailed to the person's last known address 
  9-33      shall be prima-facie evidence that such person received 
  9-34      the required notice.  The minor so notified may request 
  9-35      in writing a hearing within ten business days from the 
  9-36      date of receipt of notice.  Within 30 days after 
  9-37      receiving a written request for a hearing, the 
  9-38      department shall hold a hearing as provided for in 
  9-39      Chapter 13 of Title 50, the 'Georgia Administrative 
  9-40      Procedure Act.'  After such hearing, the department 
  9-41      shall sustain its order of suspension or rescind such 
  9-42      order. Appeal from such hearing shall be in accordance 
 
 
 
                                 -9- 
 
 
 
 10- 1      with said chapter. If no hearing is requested within the 
 10- 2      ten business days specified above, the right to a 
 10- 3      hearing shall have been waived and the instruction 
 10- 4      permit or driver's license of the minor shall remain 
 10- 5      suspended. The provisions of Chapter 13 of Title 50, the 
 10- 6      'Georgia Administrative Procedure Act,' shall not apply 
 10- 7      to any suspension of a driver's license or instruction 
 10- 8      permit under this paragraph.  Such suspension shall be 
 10- 9      imposed notwithstanding the filing of any appeal 
 10-10      pursuant to Code Section 20-2-1160 and shall be 
 10-11      effective by operation of law upon the date the 
 10-12      department mails notice of the suspension to the 
 10-13      instruction permit holder or licensee.  The suspension 
 10-14      provided for in this paragraph shall be for a period to 
 10-15      end upon the date of such minor's eighteenth birthday, 
 10-16      but such minor's instruction permit or driver's license 
 10-17      shall be reinstated if the minor submits evidence 
 10-18      satisfactory to the department that he or she has 
 10-19      resumed regular studies as determined by the State Board 
 10-20      of Education and qualifies for an instruction permit or 
 10-21      driver's license under the provisions of this 
 10-22      subsection, upon payment of a restoration fee of $50.00; 
 10-23      provided, however, that any instruction permit or 
 10-24      driver's license suspended pursuant to subparagraph (C) 
 10-25      of this paragraph notice of suspension from school for 
 10-26      cause specified in subparagraph (a)(1)(C) or (a)(2)(C) 
 10-27      of Code Section 20-2-753.1 shall not be reinstated until 
 10-28      90 days after the effective date of the suspension of 
 10-29      such permit or license. 
 
 10-30      (3) The State Board of Education and the Board of Public 
 10-31      Safety are authorized to promulgate rules and 
 10-32      regulations to implement the provisions of this 
 10-33      subsection." 
 
 10-34                           SECTION 6. 
 
 10-35  This Act shall become effective upon its approval by the 
 10-36  Governor or upon its becoming law without such approval. 
 
 10-37                           SECTION 7. 
 
 10-38  All laws and parts of laws in conflict with this Act are 
 10-39  repealed. 
 
 
 
 
 
 
 
                                 -10- 

Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 04/20/98

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