06 LC 33 1460S
(SCS)
Senate
Bill 618
By:
Senator Moody of the 56th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
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
placed
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
in a
facility by or under contract with the Department of Juvenile Justice or the
Department of Human Resources who remains in that facility for more than 60
continuous days and no child who is a patient in a facility licensed by this
state to deliver intermediate care for the mentally retarded who remains in that
facility for more than 60 continuous days as described in paragraph (1) of
subsection (b) of this Code section 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
pursuant to
a court order granting temporary or permanent custody as described in paragraph
(2) of subsection (b) of this Code section
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)
Except for
a child who is in the physical custody of the Department of Juvenile Justice or
the Department of Human Resources or any of its divisions and who receives
services from a local unit of administration pursuant to paragraph (2) of this
subsection, any child placed by the Department of Juvenile Justice or the
Department of Human Resources or any of its divisions in a facility operated by
or under contract with the Department of Juvenile Justice or the Department of
Human Resources who remains in that facility for more than 60 continuous days
and any child who is a patient in a facility licensed by the State of Georgia to
deliver intermediate care for the mentally retarded and which follows the
federal regulations for intermediate care for the mentally retarded, who has
been determined as appropriate for that level of care by the Department of
Community Health or its designee, who has been admitted to such facility after
evaluation and recommendation by developmental service teams of the Department
of Human Resources, and who remains in that facility for more than 60 continuous
days shall be treated by the local unit of administration of the school district
in which the facility is located as 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 these facilities are
located is responsible for the provision of all educational programs, including
special education and related services, free of charge to these children as long
as the children remain in such facilities. However, except as provided in this
paragraph,
placement in such a facility by the parent or by another local unit of
administration shall not create such
responsibility.
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)
Any child,
except a child in a youth development center as specifically provided in this
paragraph, who is in the physical custody of 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 these
children are present is responsible for the provision of all educational
programs, including special education and related services, free of charge to
these children as long as the children are physically present in the school
district. No child will be considered in the physical custody of the Department
of Juvenile Justice or the Department of Human Resources or any of its divisions
unless custody has been awarded, either temporarily or permanently, by court
order. 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.
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)(A)
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
when the
child remains in a facility operated by or under contract with the Department of
Juvenile Justice or the Department of Human Resources or in a facility licensed
to provide intermediate care for the mentally retarded for more than 30
continuous days and is anticipated to remain in the facility for more than a
total of 60 continuous days.
(B)
For any child described in paragraph (2) of this subsection, the custodian of
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,
the
custodian of the records of that child
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
to
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) or
(2) 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
paragraphs
paragraph
(1) and
(2) 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.
For the
purposes of this paragraph, the term 'reasonable and necessary expenses' shall
include reasonable
attorneyś
fees and costs of litigation expended, either for its defense or in payment of
statutorily mandated
plaintiffś
attorneyś
fees, by the local unit of administration on any administrative or judicial
proceeding involving any child described in paragraphs (1) or (2) of this
subsection. These grants will be determined and made 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)
If any
child described in paragraphs (1) and (2) of this subsection is unable to leave
the Department of Human Resources facility or the facility licensed to provide
intermediate care for the mentally retarded to receive educational services as
determined by the local school system responsible for educational services and
the Department of Human Resources, then the local school system shall not be
responsible for providing any educational services to such
child.
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.