06 LC
33 1009
House
Bill 1017
By:
Representatives Drenner of the
86th,
Forster of the
3rd,
Oliver of the
83rd,
Ashe of the
56th,
Benfield of the
85th,
and others
A BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official
Code of Georgia Annotated, the compulsory school attendance law, so as to
provide that a minor between the ages of 16 and 18 may not withdraw from
enrollment in school without the permission of his or her parent or guardian; to
provide for a withdrawal conference; to require the completion and submission of
a withdrawal from enrollment form; to provide for a publication delineating
earning potential and financial self-sufficiency risks; to provide for printed
materials and website access to materials designed to inform students and their
parents and guardians of resources for various types of assistance and to track
statistics relating to the withdrawal from enrollment by minors; to provide for
construction; to provide for related matters; to provide for an effective date;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Subpart
2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, the compulsory school attendance law, is amended by striking
Code Section 20-2-690.1, relating to mandatory education for children between
ages six and 16, and inserting in lieu thereof the following:
∀20-2-690.1.
(a)(1)
Every parent, guardian, or other person residing within this state having
control or charge of any child or children between their sixth and sixteenth
birthdays shall enroll and send such child or children to a public school, a
private school, or a home study program that meets the requirements for a public
school, a private school, or a home study program; and such child shall be
responsible for enrolling in and attending a public school, a private school, or
a home study program that meets the requirements for a public school, a private
school, or a home study program under such penalty for noncompliance with this
subsection as is provided in Chapter 11 of Title 15, unless the
child́s
failure to enroll and attend is caused by the
child́s
parent, guardian, or other person, in which case the parent, guardian, or other
person alone shall be responsible; provided, however, that tests and physical
exams for military service and the National Guard and such other approved
absences shall be excused absences. The requirements of this subsection shall
apply to a child between his or her seventh and sixteenth birthdays who has been
assigned by a local board of education or its delegate to attend an alternative
public school program established by that local board of education, including an
alternative public school program provided for in Code Section 20-2-154.1,
regardless of whether such child has been suspended or expelled from another
public school program by that local board of education or its delegate, and to
the parent, guardian, or other person residing in this state who has control or
charge of such child. Nothing in this Code section shall be construed to
require a local board of education or its delegate to assign a child to attend
an alternative public school program rather than suspending or expelling the
child.
(b)(2)
Any parent, guardian, or other person residing in this state who has control or
charge of a child or children and who shall violate this
Code
section
subsection
shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject
to a fine not less than $25.00 and not greater than $100.00, imprisonment not to
exceed 30 days, community service, or any combination of such penalties, at the
discretion of the court having jurisdiction. Each
daýs
absence from school in violation of this part after the
child́s
school system notifies the parent, guardian, or other person who has control or
charge of a child of five unexcused days of absence for a child shall constitute
a separate offense. After two reasonable attempts to notify the parent,
guardian, or other person who has control or charge of a child of five unexcused
days of absence without response, the school system shall send a notice to such
parent, guardian, or other person by certified mail, return receipt requested.
Public schools shall provide to the parent, guardian, or other person having
control or charge of each child enrolled in public school a written summary of
possible consequences and penalties for failing to comply with compulsory
attendance under this
Code
section
subsection
for children and their parents, guardians, or other persons having control or
charge of children. The parent, guardian, or other person who has control or
charge of a child or children shall sign a statement indicating receipt of such
written statement of possible consequences and penalties; children who are age
ten years or older by September 1 shall sign a statement indicating receipt of
such written statement of possible consequences and penalties. After two
reasonable attempts by the school to secure such signature or signatures, the
school shall be considered to be in compliance with this subsection if it sends
a copy of the statement, via certified mail, return receipt requested, to such
parent, guardian, other person who has control or charge of a child, or
children. Public schools shall retain signed copies of statements through the
end of the school year.
(c)(3)
Local school superintendents in the case of private schools or home study
programs and visiting teachers and attendance officers in the case of public
schools shall have authority and it shall be their duty to file proceedings in
court to enforce this subpart.
(b)(1)
No minor between his or her sixteenth and eighteenth birthday may terminate his
or her education by withdrawing from school without the prior written permission
of his or her parent or guardian. Such minor shall submit a written and dated
letter of intent to withdraw from his or her parent or guardian to his or her
school guidance counselor. The guidance counselor shall schedule a withdrawal
conference of at least 30 minutes in duration at a reasonable time to be held no
later than three weeks after receipt of the letter of intent to withdraw. The
school shall give at least ten
dayś
notice of the withdrawal conference by certified mail, return receipt requested,
to the parent or guardian. The minor, the parent or guardian, and the guidance
counselor shall attend the withdrawal conference. The purpose of the withdrawal
conference shall be to determine the
minoŕs
future work and education plans, to identify the reason or reasons for the
withdrawal request, and to undertake problem solving to encourage the minor to
continue his or her enrollment in school for the purposes of graduation. After
completion of the withdrawal conference, in the event that the minor and his or
her parent or guardian decline to rescind the intent to withdraw, the parent or
guardian shall complete a withdrawal from enrollment form provided by the
guidance counselor. The withdrawal from enrollment form shall include, at a
minimum, the reason or reasons for the intended withdrawal, the date of the
form, and the signatures of the minor, the parent or guardian, and the guidance
counselor. The
minoŕs
withdrawal from enrollment shall be effective ten business days following the
completion and submission of the withdrawal from enrollment form.
(2)
No withdrawal from enrollment pursuant to this subsection shall be finalized
until the minor and his or her parent or guardian have received a publication
prepared by the department of education delineating:
(A)
The particular risks to financial self-sufficiency associated with withdrawal
from enrollment in school prior to graduation;
(B)
The probable earning potential for high school dropouts within the county in
which the minor resides; and
(C)
The earning potential for high school graduates and graduates of colleges,
universities, and technical schools within this state.
Such
publication shall be provided by the school to a minor desiring to withdraw from
school during the withdrawal conference required pursuant to paragraph (1) of
this subsection. The withdrawal conference shall include the opportunity of the
guidance counselor to ask questions of the minor and of the minor to ask
questions of the guidance counselor. Nothing in this paragraph shall be
construed to preclude the provision of the publication in a language understood
by the minor and his or her parent or guardian.
(3)
No later than 90 days after the effective date of this subsection, the
Department of Education shall cause to be published in English and in each
language which is the primary language of 2 percent or more of the
statés
population and shall cause to be available on the department's website the
following printed materials in such a way as to ensure that the information is
easily accessible and comprehensible:
(A)
Geographically indexed materials designed to inform the student and his or her
parent or guardian of private and public services to assist with continued
schooling and tutoring needs, financial assistance and tutoring to assist with
the completion of the general educational development (GED) diploma, and
financial assistance and mentoring to assist with application and entrance to
technical schools; and
(B)
The number of students in each local school system for each calendar month
who:
(i)
Have submitted a signed and dated parental letter of intent to
withdraw;
(ii)
Have attended a withdrawal conference;
(iii)
Have rescinded their intent to withdraw following a withdrawal
conference;
(iv)
Have taken a general educational development (GED) diploma test;
and
(v)
Have passed the general educational development (GED) diploma test.
Nothing
in this paragraph shall be construed to preclude the voluntary or required
submission of other reports or forms regarding withdrawal from enrollment or
student drop out
prevention.∀
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.