06
SB618/AP
Senate
Bill 618
By:
Senator Moody of the 56th
AS
PASSED
AN
ACT
To
amend Part 1 of Article 6 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to the short title and purpose of the "Quality Basic
Education Act," so as to change certain provisions relating to eligibility of
enrollment for children in the custody of the Department of Juvenile Justice or
the Department of Human Resources; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to the short title and purpose of the "Quality Basic
Education Act," is amended by striking Code Section 20-2-133, relating to free
public instruction, and inserting in lieu thereof the following:
"20-2-133.
(a)
Admission to the instructional programs funded under this article shall be free
to all eligible children and youth who enroll in such programs within the local
school system in which they reside and to children as provided in subsection (b)
of this Code section. Therefore, a local school system shall not charge resident
students tuition or fees, nor shall such students be required to provide
materials or equipment except for items specified by the State Board of
Education, as a condition of enrollment or full participation in any
instructional program. However, a local school system is authorized to charge
nonresident students tuition or fees or a combination thereof; provided,
however, that such charges to a student shall not exceed the average locally
financed per student cost for the preceding year, excluding the local five mill
share funds required pursuant to Code Section 20-2-164; provided, further, that
no child in a placement operated by the Department of Human Resources or for
which payment is made by the Department of Juvenile Justice or the Department of
Human Resources or any of its divisions and no child who is in the physical or
legal custody of the Department of Juvenile Justice or under the care or
physical or legal custody of the Department of Human Resources or any of its
divisions shall be charged tuition, fees, or a combination thereof. A local
school system is further authorized to contract with a nonresident
student́s
system of residence for payment of tuition. The amount of tuition paid directly
by the system of residence shall be limited only by the terms of the contract
between systems. Local units of administration shall provide textbooks or any
other reading materials to each student enrolled in a class which has a course
of study that requires the use of such materials by the students.
(b)(1)
Any child, except a child in a youth development center as specifically provided
in this paragraph, who is in the physical or legal custody of the Department of
Juvenile Justice or the Department of Human Resources, or in a placement
operated by the Department of Human Resources, or in a facility or placement
paid for by the Department of Juvenile Justice or the Department of Human
Resources or any of its divisions and who is physically present within the
geographical area served by a local unit of administration for any length of
time is eligible for enrollment in the educational programs of that local unit
of administration; provided, however, that the child meets the age eligibility
requirements established by this article. The local unit of administration of
the school district in which such child is present shall be responsible for the
provision of all educational programs, including special education and related
services, at no charge as long as the child is physically present in the school
district. A child will be considered in the physical or legal custody of the
Department of Juvenile Justice or the Department of Human Resources or any of
its divisions if custody has been awarded either temporarily or permanently by
court order or by voluntary agreement, or if the child has been admitted or
placed according to an individualized treatment or service plan of the
Department of Human Resources. No child in a youth development center,
regardless of his or her custody status, shall be eligible for enrollment in the
educational programs of the local unit of administration of the school district
in which that youth development center is located. No child or youth in the
custody of the Department of Corrections or the Department of Juvenile Justice
and confined in a facility as a result of a sentence imposed by a court shall be
eligible for enrollment in the educational programs of the local unit of
administration of the school district where such child or youth is being
held.
(2)
Except as otherwise provided in this Code section, placement in a facility by a
parent or by another local unit of administration shall not create an
obligation, financial or otherwise, on the part of the local unit of
administration in which the facility is located to educate the
child.
(3)
For any child described in paragraph (1) of this subsection, the custodian of or
placing agency for the child shall notify the appropriate local unit of
administration at least five days in advance of the move, when possible, when
the child is to be moved from one local unit of administration to
another.
(4)
When the custodian of or placing agency for any child notifies a local unit of
administration, as provided in paragraph (3) of this subsection, that the child
may become eligible for enrollment in the educational programs of a local unit
of administration, such local unit of administration shall request the transfer
of the educational records and Individualized Education Programs
(IEṔs)
and all education related evaluations, assessments, social histories, and
observations of the child from the appropriate local unit of administration no
later than ten days after receiving notification. Notwithstanding any other law
to the contrary, the custodian of the records has the obligation to transfer
these records and the local unit of administration has the right to receive,
review, and utilize these records. Notwithstanding any other law to the
contrary, upon the request of a local unit of administration responsible for
providing educational services to a child described in paragraph (1) of this
subsection, the Department of Juvenile Justice or the Department of Human
Resources shall furnish to the local unit of administration all medical and
educational records in the possession of the Department of Juvenile Justice or
the Department of Human Resources pertaining to any such child, except where
consent of a parent or legal guardian is required in order to authorize the
release of any of such records, in which event the Department of Juvenile
Justice or the Department of Human Resources shall obtain such consent from the
parent or guardian prior to such release.
(5)
Any local unit of administration which serves a child pursuant to paragraph (1)
of this subsection shall receive in the form of annual grants in state funding
for that child the difference between the actual state funds received for that
child pursuant to Code Section 20-2-161 and the reasonable and necessary
expenses incurred in educating that child, calculated pursuant to regulations
adopted by the State Board of Education.Each local board of education shall be
held harmless by the state from expending local funds for educating students
pursuant to this Code section; provided, however, that this shall only apply to
students who are unable to leave the facility in which they have been
placed.
(6)
Enrollment of an eligible child pursuant to this Code section shall be
effectuated in accordance with rules and regulations adopted by the State Board
of Education.
(7)
The Department of Education, the Department of Human Resources, the Department
of Juvenile Justice, and the local units of administration where Department of
Education, Department of Juvenile Justice, or Department of Human Resources
placements, facilities, or contract facilities are located shall jointly develop
procedures binding on all agencies implementing the provisions of this Code
section applicable to children and youth in the physical or legal custody of the
Department of Juvenile Justice or under the care or physical or legal custody of
the Department of Human
Resources."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.