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HB 114 - Alternative schools; education and attendance requirements

Mueller, Anne O'Quin (152nd)	Manning, Judith H (32nd)	Stancil, Steve (16th)
Bordeaux, Tom (151st)	Brooks, Tyrone (54th)	Dean, Douglas C. (48th)

Status Summary	HC:	Ed	SC:	Ed	FR:	01/14/99	LA:	05/01/00	Signed by Governor

First Reader Summary

A BILL to amend Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to students, so as to provide that alternative school programs shall be subject to the same mandatory education and attendance requirements as public schools; and for other purposes.

Code Sections - 20-2-153

HB 114                                              HB 114/AP 
 
      H. B. No. 114 (AS PASSED HOUSE AND SENATE) 
      By:  Representatives Mueller of the 152nd, Manning of the 
      32nd, Stancil of the 16th, Bordeaux of the 151st, Brooks of 
      the 54th and others 
 
                        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 regarding 
  1- 4  special instructional assistance programs for students with 
  1- 5  developmental deficiencies; to provide for the application 
  1- 6  of mandatory education requirements to children between ages 
  1- 7  seven and 16 apply who are assigned to alternative public 
  1- 8  school programs and to the parents, guardians, or other 
  1- 9  persons having control or charge of such children; to 
  1-10  provide for an effective date and applicability; to repeal 
  1-11  conflicting laws; and for other purposes. 
 
  1-12       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-13                           SECTION 1. 
 
  1-14  Chapter 2 of Title 20 of the Official Code of Georgia 
  1-15  Annotated, relating to elementary and secondary education, 
  1-16  is amended by striking Code Section 20-2-153, relating to 
  1-17  special instructional assistance programs for students with 
  1-18  developmental deficiencies, and inserting in its place a new 
  1-19  Code Section 20-2-153 to read as follows: 
 
  1-20    "20-2-153. 
 
  1-21    The State Board of Education shall create a special 
  1-22    instructional assistance program to assist students with 
  1-23    identified developmental deficiencies which are likely to 
  1-24    result in problems in maintaining a level of performance 
  1-25    consistent with expectations for their respective ages. 
  1-26    Only students enrolled in grades kindergarten through five 
  1-27    with documented developmental levels below expectations 
  1-28    for their respective ages that are not attributable to an 
  1-29    identified disabling condition and who are not enrolled in 
  1-30    either the remedial education program or any of the 
  1-31    special education programs shall be eligible for the 
  1-32    special instructional assistance program; provided, 
  1-33    however, that students with physical disabilities whose 
  1-34    special education services consist solely of therapy 
 
 
 
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  2- 1    related to the physical disability shall be eligible for 
  2- 2    the special instructional assistance program if they meet 
  2- 3    all other criteria of this Code section.  The state board 
  2- 4    shall specify the instruments and process used to 
  2- 5    determine student eligibility for this program, including 
  2- 6    specification of the student eligibility criteria to be 
  2- 7    applied, the allowable educational services to be provided 
  2- 8    under this Code section, and the funding guidelines to be 
  2- 9    used in distributing state funds to participating local 
  2-10    school systems. Such policies and guidelines shall be 
  2-11    submitted to the General Assembly for review and comment 
  2-12    prior to the request for funding by the state board.  Each 
  2-13    local school system shall annually report by grade level 
  2-14    the number of eligible students, the number of students 
  2-15    served, the types of services provided, and the average 
  2-16    achievement of students served.  For the first year of 
  2-17    implementation of this program state wide, the state board 
  2-18    shall request an amount for grants to local school systems 
  2-19    based upon documentation of the number of eligible 
  2-20    students estimated to be served; provided, however, that 
  2-21    funds appropriated for this program in the initial year of 
  2-22    operation shall be allocated only on the basis of the 
  2-23    documented actual number of students being served during 
  2-24    the initial year.  For the second year of operation and 
  2-25    thereafter, the amount of funds appropriated and allocated 
  2-26    for this program shall be based on the actual count of 
  2-27    students served during the preceding year. In the event 
  2-28    that insufficient funds are appropriated by the General 
  2-29    Assembly to serve all eligible students in this program, 
  2-30    any funds which are appropriated shall be directed toward 
  2-31    addressing the needs of the youngest most needy eligible 
  2-32    students in each local school system as identified by the 
  2-33    local board of education in each local system." 
 
  2-34                           SECTION 2. 
 
  2-35  Said chapter is further amended by striking subsection (a) 
  2-36  of Code Section 20-2-690.1, relating to mandatory education 
  2-37  for children between ages seven and 16, and inserting in its 
  2-38  place a new subsection (a) to read as follows: 
 
  2-39    "(a) Every parent, guardian, or other person residing 
  2-40    within this state having control or charge of any child or 
  2-41    children between their seventh and sixteenth birthdays 
  2-42    shall enroll and send such child or children to a public 
  2-43    school, a private school, or a home study program that 
  2-44    meets the requirements for a public school, a private 
 
 
 
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  3- 1    school, or a home study program; and such child shall be 
  3- 2    responsible for enrolling in and attending a public 
  3- 3    school, a private school, or a home study program that 
  3- 4    meets the requirements for a public school, a private 
  3- 5    school, or a home study program under such penalty for 
  3- 6    noncompliance with this subsection as is provided in 
  3- 7    Chapter 11 of Title 15, unless the child's failure to 
  3- 8    enroll and attend is caused by the child's parent, 
  3- 9    guardian, or other person, in which case the parent, 
  3-10    guardian, or other person alone shall be responsible; 
  3-11    provided, however, that tests and physical exams for 
  3-12    military service and the National Guard and such other 
  3-13    approved absences shall be excused absences.  The 
  3-14    requirements of this subsection shall apply to a child 
  3-15    between his or her seventh and sixteenth birthdays who has 
  3-16    been assigned by a local board of education or its 
  3-17    delegate to attend an alternative public school program 
  3-18    established by that local board of education, including an 
  3-19    alternative public school program provided for in Code 
  3-20    Section 20-2-769, regardless of whether such child has 
  3-21    been suspended or expelled from another public school 
  3-22    program by that local board of education or its delegate, 
  3-23    and to the parent, guardian, or other person residing in 
  3-24    this state who has control or charge of such child. 
  3-25    Nothing in this Code section shall be construed to require 
  3-26    a local board of education or its delegate to assign a 
  3-27    child to attend an alternative public school program 
  3-28    rather than suspending or expelling the child." 
 
  3-29                           SECTION 3. 
 
  3-30  This Act shall become effective on July 1, 2000, and Section 
  3-31  2 of this Act shall apply to offenses committed on or after 
  3-32  that date. 
 
  3-33                           SECTION 4. 
 
  3-34  All laws and parts of laws in conflict with this Act are 
  3-35  repealed. 
 
 
 
 
 
 
 
 
 
 
 
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