07 LC 34
1166
House
Bill 665
By:
Representatives Rice of the
51st,
Coleman of the
97th,
and Maxwell of the
17th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to education, so as to change the name of the department that enforces the
provisions of this law; to allow release of student attendance records to the
Department of Driver Services; to provide for private schools and home study
programs to release information on their students to the department; to provide
for release of student information by public schools to visiting teachers or
attendance officers; to provide for reports to juvenile courts of students who
are absent in violation of the law; to provide for consent for release of
information; to amend Chapter 5 of Title 40 of the Official Code of Georgia
Annotated, relating to drivers´ licenses, so as to provide for restrictions
on issuance of permits to minors; to provide for notification to the department
of student violations; to provide for consent to release information to the
department; 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.
Chapter
2 of Title 20 of the Official Code of Georgia Annotated, relating to education,
is amended in Code Section 20-2-320, relating to a steering committee to help
implement the Quality Basic Education Program, by revising subsection (f) as
follows:
"(f)
Notwithstanding any other provision of law, the Department of Education is
authorized to and shall obtain and provide to the Department of
Public
Safety
Driver
Services, in a form to be agreed upon
between the Department of Education and the Department of
Public
Safety
Driver
Services, enrollment, attendance, and
suspension information regarding minors 15 through 17 years of age reported
pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the
purposes set forth in subsection (a.1) of Code Section 40-5-22.
Any
verification provided pursuant to Code Section 40-5-26 by the parent, guardian,
or an individual acting as a parent in the absence of a parent or guardian shall
constitute written consent by said person for any local school or school
district to release any information required by the Department of Driver
Services to satisfy the requirements of this subsection, as well as Code
Sections 40-5-22 and 20-2-701. The Department of Education shall serve as the
agent of such school, school official, or school system for transmission of this
information to the Department of Driver
Services."
SECTION
2.
Said
chapter is further amended in Code Section 20-2-690, relating to private schools
and home study programs, by revising paragraph (5) of subsection (b) and
paragraphs (2) and (6) of subsection (c) as follows:
"(5)
Within 30 days after the beginning of each school year, it shall be the duty of
the administrator of each private school to provide to the school superintendent
of each local public school district which has residents enrolled in the private
school a list of the
full
legal name,
age
date of
birth, and
current
residence
address
of each resident so enrolled. At the end of each school month, it shall be the
duty of the administrator of each private school to notify the school
superintendent of each local public school district of the name, age, and
residence of each student residing in the public school district who enrolls or
terminates enrollment at the private school during the immediately preceding
school month. Such records shall indicate when attendance has been suspended and
the grounds for such suspension. Enrollment records and reports shall not be
used for any purpose except providing necessary enrollment information, except
with the permission of the parent or guardian of a child, pursuant to the
subpoena of a court of competent jurisdiction, or for verification of attendance
by the Department of
Public
Safety
Driver
Services for the purposes set forth in
subsection (a.1) of Code Section 40-5-22; and"
"(2)
The declaration shall include a list of the
full
legal names and
ages
dates of
birth of the students who are enrolled in
the home study program, the address where the home study program is located, and
a statement of the 12 month period that is to be considered the school year for
that home study program. Enrollment records and reports shall not be used for
any purpose except providing necessary enrollment information, except with the
permission of the parent or guardian of a child, pursuant to the subpoena of a
court of competent jurisdiction, or for verification of attendance by the
Department of
Public
Safety
Driver
Services for the purposes set forth in
subsection (a.1) of Code Section 40-5-22;"
"(6)
Attendance records for the home study program shall be kept and shall be
submitted at the end of each month to the school superintendent of the local
school district in which the home study program is located. Attendance records
and reports shall not be used for any purpose except providing necessary
attendance information, except with the permission of the parent or guardian of
a child, pursuant to the subpoena of a court of competent jurisdiction, or for
verification of attendance by the Department of
Public
Safety
Driver
Services for the purposes set forth in
subsection (a.1) of Code Section 40-5-22;"
SECTION
3.
Said
chapter is further amended in Code Section 20-2-697, relating to the reports
made by visiting teachers and attendance officers, by revising subsection (a) as
follows:
"(a)
Visiting teachers and attendance officers shall receive the cooperation and
assistance of all teachers and principals of public schools in the local school
systems within which they are appointed to serve. It shall be the duty of the
principals or local school site administrators and of the teachers of all public
schools to report, in writing, to the visiting teacher or attendance officer of
the local school system the
full
legal names,
ages
dates of
birth, and
residences
current
residence addresses of all students in
attendance at their schools and classes within 30 days after the beginning of
the school term or terms and to make such other reports of attendance in their
schools or classes as may be required by rule or regulation of the State Board
of Education. All public schools shall keep daily records of attendance,
verified by the teachers certifying such records. Such reports shall be open to
inspection by the visiting teacher, attendance officer, or duly authorized
representative at any time during the school day. Any such attendance records
and reports which identify students by name shall be used only for the purpose
of providing necessary attendance information required by the state board or by
law, except with the permission of the parent or guardian of a child, pursuant
to the subpoena of a court of competent jurisdiction, or for verification of
attendance by the Department of
Public
Safety
Driver
Services for the purposes set forth in
subsection (a.1) of Code Section 40-5-22.
Such
attendance records shall also be maintained in a format which does not identify
students by name, and in this format shall be a part of the data collected for
the student record component of the state-wide comprehensive educational
information system pursuant to subsection (b) of Code Section
20-2-320."
SECTION
4.
Said
chapter is further amended in Code Section 20-2-701, relating to the truancy
reporting by local school superintendents or others, by revising said Code
section as follows:
"20-2-701.
(a)
Local school superintendents as applied to private schools and home study
programs or visiting teachers and attendance officers as applied to public
schools, after written notice to the parent or guardian of a child, shall report
to the juvenile or other court having jurisdiction under Chapter 11 of Title 15
any child who is absent from a public or private school or a home study program
in violation of this subpart. If the judge of the court places such child in a
home or in a public or private institution pursuant to Chapter 11 of Title 15,
school shall be provided for such child.
(b)
(See
subsection (d) of this Code section for effective-date contingency. See J
document for text.)
Local school
superintendents or visiting teachers and attendance officers shall use their
best efforts to notify any child 15 years of age or older who has only three
unexcused absences remaining prior to violating the attendance requirements
contained in subsection (a.1) of Code Section 40-5-22. Such notification shall
be made via first-class mail.
(c)
(See
subsection (d) of this Code section for effective-date contingency. See J
document for text.)
Local school
superintendents or visiting teachers and attendance officers shall report to the
Department of Education, which shall, in turn, report to the Department of
Driver Services any child 15 years of age or older who does not meet the
attendance requirements contained in subsection (a.1) of Code Section 40-5-22.
Such report shall include the child´s full legal name, current residence
address, date of birth, and, if available, the child´s social security
number, driver´s license number, and state identification card
number.
(d)
Subsections (b) and (c) of this Code section shall not be effective until full
implementation of the state-wide education information
system."
SECTION
5.
Said
chapter is further amended in Code Section 20-2-736, relating to student codes
of conduct, by revising subsection (a) as follows:
"(a)
At the beginning of each school year, local boards of education shall provide
for the distribution of student codes of conduct developed pursuant to Code
Section 20-2-735 to each student upon enrollment. Local boards of education
shall provide for the distribution of such student codes of conduct to the
parents or guardians of each student through such means as may best accomplish
such distribution at the local level and are appropriate in light of the grade
level of the student, including distribution of student codes of conduct to
students and parents or guardians jointly. Local boards of education shall
solicit or require the signatures or confirmation of receipt of students and
parents or guardians in acknowledgment of the receipt of such student codes of
conduct. A signature or confirmation of receipt may be obtained in writing, via
electronic mail or facsimile, or by any other electronic or other means as
designated by the local board.
Any such
signature or confirmation shall constitute written consent by said person for
any local school or school district to release any information required by Code
Section 40-5-22. A parent or legal
guardian that does not acknowledge receipt of the student code of conduct shall
not be absolved of any responsibility with respect to the information contained
in the student code of conduct. In addition, student codes of conduct shall be
available in each school and classroom."
SECTION
6.
Chapter
5 of Title 40 of the Official Code of Georgia Annotated, relating to
drivers´ licenses, is amended in Code Section 40-5-22, relating to teenage
drivers and applicants to whom no license may be issued, by revising
subsections (a.1) and (c) as follows:
"(a.1)(1)
The department shall not issue an instruction permit or driver´s license to
a person who is younger than 18 years of age unless at the time such minor
submits an application for an instruction permit or driver´s license the
applicant presents acceptable proof that he or she has received a high school
diploma, a general educational development (GED) diploma, a special diploma, or
a certificate of high school completion or has terminated his or her secondary
education and is enrolled in a postsecondary school,
is pursuing
a general educational development (GED)
diploma, or the records of the department
indicate that said applicant:
(A)
Is enrolled in
and not
under expulsion from a public or private
school and has satisfied relevant attendance
and
discipline requirements as set forth in
paragraph (2) of this subsection for a period of one academic year prior to
application for an instruction permit or driver´s license; or
(B)
Is enrolled in a home education program that satisfies the reporting
requirements of all state laws governing such program.
The
department shall notify such minor of his or her ineligibility for an
instruction permit or driver´s license at the time of such
application.
(2)
The department shall forthwith notify by certified mail or statutory overnight
delivery, return receipt requested, any minor issued an instruction permit or
driver´s license in accordance with this subsection
other than
a minor who has terminated his or her secondary education and is enrolled in a
postsecondary school or who is pursuing a general educational development (GED)
diploma that such minor´s instruction
permit or driver´s license is suspended subject to review as provided for
in this subsection if the department receives notice
pursuant to
Code Section 20-2-701 that indicates that
such minor:
(A)
Has dropped out of school without graduating and has remained out of school for
ten consecutive school days;
(B)
Has ten or more school days of unexcused absences in the current academic year
or ten or more school days of unexcused absences in the previous academic year;
or
(C)
Has been found in violation by a hearing officer, panel, or tribunal of one of
the following offenses, has received a change in placement for committing one of
the following offenses,
has been
assigned to a drug or alcohol prevention program for one of the following
offenses, or has waived his or her right
to a hearing and pleaded guilty to one of the following offenses:
(i)
Threatening, striking, or causing bodily harm to a teacher or other school
personnel;
(ii)
Possession
or sale
Possessing,
selling, or being under the influence of
drugs or alcohol on school property or at a school sponsored event;
(iii)
Possession
or use of
Possessing or
using a weapon on school property or at a
school sponsored event. For purposes of this subparagraph, the term "weapon"
shall be defined in accordance with Code Section 16-11-127.1 but shall not
include any part of an archeological or cultural exhibit brought to school in
connection with a school project;
(iv)
Any
Committing
any sexual offense prohibited under
Chapter 6 of Title 16; or
(v)
Causing substantial physical or visible bodily harm to or seriously disfiguring
another person, including another student.
(3)
Upon the occurrence of one of the triggering offenses specified by paragraph (2)
of subsection (a.1) of this Code section, the appropriate school or school
district shall notify the Department of Driver Services in a timely manner in
accordance with Code Sections 20-2-701 and 40-5-26. Such notification shall
include the child´s full legal name, current residence address, date of
birth, and, if available, the child´s social security number, driver´s
license number, and state identification card
number.
(4)(A)
Notice given by certified mail or statutory overnight delivery with return
receipt requested mailed to the person´s last known address shall be
prima-facie evidence that such person received the required notice. Such notice
shall include instructions to the minor to return immediately the instruction
permit or driver´s license to the department and information summarizing
the minor´s right to request an exemption from the provisions of this
subsection. The minor so notified may request in writing a hearing within ten
business days from the date of receipt of notice. Within 30 days after
receiving a written request for a hearing, the department shall hold a hearing
as provided for in Chapter 13 of Title 50, the "Georgia Administrative Procedure
Act." After such hearing, the department shall sustain its order of suspension
or rescind such order. The department shall be authorized to grant an exemption
from the provisions
of
subparagraphs (A) and (B) of paragraph (2)
of this subsection to a minor, upon such minor´s petition, if there is
clear and convincing evidence that the enforcement of the provisions of this
subsection upon such minor would create an undue hardship upon the minor or the
minor´s family or if there is clear and convincing evidence that the
enforcement of the provisions of this subsection would act as a detriment to the
health or welfare of the minor. Appeal from such hearing shall be in accordance
with said chapter. If no hearing is requested within the ten business days
specified above, the right to a hearing shall have been waived and the
instruction permit or driver´s license of the minor shall remain
suspended.
(B)
The
Except as
provided in this subparagraph or in subparagraph (a.1)(2)(C) of this paragraph,
the suspension provided for in this
paragraph shall be for a period of one year or shall end upon the date of such
minor´s eighteenth birthday
or upon
receipt of satisfactory proof that the minor is pursuing or has received a
general educational development (GED) diploma, a high school diploma, a special
diploma, a certificate of high school completion, or has terminated his or her
secondary education and is enrolled in a postsecondary school, whichever comes
first.
The department
may reinstate the minor´s driver´s license suspended pursuant to
subparagraph (a.1)(2)(A) after 180 days upon receipt of satisfactory proof that
the minor has returned to secondary school, has obtained a general educational
development (GED) diploma, a high school diploma, a special diploma, a
certificate of high school completion, or has terminated his or her secondary
education and is enrolled in a postsecondary school.
(C)
The suspension provided for in subparagraph (a.1)(2)(B) of this Code section
shall be for a period of 180 days or shall end upon the date of such
minor´s eighteenth birthday, whichever comes first.
(3)
(5)
The State Board of Education and the commissioner of driver services are
authorized to promulgate rules and regulations to implement the provisions of
this subsection.
(4)
(6)
The Department of Technical and Adult Education shall be responsible for
compliance and noncompliance data for students pursuing a general educational
development (GED) diploma."
"(c)
The department shall not issue any driver´s license to nor renew the
driver´s license of any person:
(1)
Whose
driver´s
license or
driving privilege has been suspended
during such suspension, or whose
driver´s
license or
driving privilege has been revoked, except
as otherwise provided in this chapter;
(2)
Whose
driver´s
license or
driving privilege is currently under
suspension or revocation in any other jurisdiction upon grounds which would
authorize the suspension or revocation of a
driver´s
license or
driving privilege under this
chapter;
(3)
Who is a habitual user of alcohol or any drug to a degree rendering him or her
incapable of safely driving a motor vehicle;
(4)
Who has previously been adjudged to be afflicted with or suffering from any
mental disability or disease and who has not at the time of application been
restored to competency by the methods provided by law;
(5)
Who is required by this chapter to take an examination, unless such person shall
have successfully passed such examination;
(6)
Who the commissioner has good cause to believe would not, by reason of physical
or mental disability, be able to operate a motor vehicle with safety upon the
highway; or
(7)
Whose
driver´s
license or
driving privilege issued by any other
jurisdiction is suspended or revoked by such other jurisdiction during the
period such license is suspended or revoked by such other
jurisdiction."
SECTION
7.
Said
chapter is further amended in Code Section 40-5-26, relating to applications of
minors for an instruction permit or a driver´s license, by revising
subsection (a) as follows:
"(a)(1)
The application of any person under the age of 18 years for an instruction
permit or driver´s license shall be:
(A)
Signed and verified by the father, mother, or guardian of the applicant before a
person authorized to administer oaths or, in the event there is no parent or
guardian, by another responsible adult; or
(B)
Signed and verified by a licensed driver training instructor before a person
authorized to administer oaths when such instructor is acting as an agent for
such purposes on behalf of the father, mother, or guardian of the applicant and
such agency is evidenced by permission of such parent or guardian which has been
granted in writing and signed and verified by such parent or guardian before a
person authorized to administer oaths and on such form as shall be prescribed by
rule or regulation of the department.
(2)(A)
A person who signed and verified a minor´s successful application for an
instruction permit or driver´s license may subsequently during such
minority request revocation of the minor´s instruction permit or
driver´s license by written notice to the department on such form as
specified thereby, signed and verified before a person authorized to administer
oaths. If the request for revocation is submitted by a licensed driver training
instructor acting as an agent on behalf of the father, mother, or guardian of
the applicant, such agency must be evidenced by permission for the revocation of
such parent or guardian which has been granted in writing and signed and
verified by such parent or guardian before a person authorized to administer
oaths. Upon receipt of such request and payment of a fee in an amount equivalent
to that which was required for issuance of the instruction permit or
driver´s license, and after a mandatory three business day waiting period,
during which the request for revocation may be withdrawn but the fee shall not
be returned, the department shall revoke the minor´s instruction permit or
driver´s license.
(B)
A minor whose instruction permit or driver´s license has been revoked under
this paragraph shall not be eligible for issuance of another instruction permit
or driver´s license until he or she reaches 18 years of age, unless consent
for issuance of an instruction permit or driver´s license has been granted
as provided by subparagraphs (A) and (B) of paragraph (1) of this subsection
upon application of the minor made not sooner than three months after the
effective date of revocation.
(C)
The provisions of Code Section 40-5-62 shall not apply to a person whose
instruction permit or driver´s license has been revoked under this
paragraph.
(D)
A revocation of a minor´s instruction permit or driver´s license under
this paragraph shall not be deemed a revocation for purposes of any increase in
insurance rates or cancellation of any policy of motor vehicle insurance for
which the minor is not the sole named insured, but such a policy may be amended
so as to remove such minor from the list of named insureds under such
policy.
(3)
Any verification provided pursuant to this Code section by the parent, guardian,
or an individual acting as a parent in the absence of a parent or guardian shall
constitute written consent by said person for any local school or school
district to release any information required by the Department of Driver
Services to satisfy the requirements of this subsection, as well as Code
Sections 40-5-22 and 20-2-701. The Department of Education shall serve as the
agent of such school, school official, or school system for transmission of this
information to the Department of Driver
Services."
SECTION
8.
Said
chapter is further amended in Code Section 40-5-64, relating to limited driving
permits for certain offenders, by revising paragraph (1) of subsection (a),
subsection (c.1), and subsection (e) as follows:
"(1)
Notwithstanding any contrary provision of Code Section 40-5-57 or 40-5-63 or any
other Code section of this chapter, any person who has not been previously
convicted or adjudicated delinquent for a violation of Code Section 40-6-391
within five years, as measured from the dates of previous arrests for which
convictions were obtained or pleas of nolo contendere were accepted to the date
of the current arrest for which a conviction is obtained or a plea of nolo
contendere is accepted, may apply for a limited driving permit when and only
when that person´s driver´s license has been suspended in accordance
with
paragraph
(2) of subsection (a.1) of Code Section
40-5-22, subsection (d) of Code Section
40-5-57, paragraph (1) of subsection (a) of Code Section 40-5-63, or paragraph
(1) of subsection (a) of Code Section 40-5-67.2."
"(c.1)
Exception
to standards for
approval.
The provisions of paragraphs (2), (3), (4), and (5) of subsection (c) of this
Code section shall not apply and shall not be considered for purposes of
granting a limited driving permit or imposing conditions thereon under this Code
section in the case of a driver´s license suspension under paragraph (2) of
subsection (a.1) of Code Section
40-5-22."
"(e)
Duration of
permit. A permit issued pursuant to this
Code section shall be $25.00 and shall be nonrenewable and shall become invalid
upon the
driver´s eighteenth birthday in the case of a suspension under paragraph
(2) of subsection (a.1) of Code Section
40-5-22, upon the expiration of one year
following issuance thereof in the case of a suspension for an offense listed in
Code Section 40-5-54 or a suspension under Code Section 40-5-57, or a suspension
in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a
violation of Code Section 40-6-391, upon the expiration of 30 days in the case
of an administrative license suspension in accordance with paragraph (1) of
subsection (a) of Code Section 40-5-67.2, or upon the expiration of six months
following proof of installation of an ignition interlock device in the case of a
limited driving permit issued to a person subject to a court order for
installation and use of such a device pursuant to Article 7 of Chapter 8 of
Title 42; except that such limited driving permit shall expire upon any earlier
reinstatement of the driver´s license. A person may apply to the
department for a limited driving permit immediately following such conviction if
he or she has surrendered his or her driver´s license to the court in which
the conviction was adjudged or to the department if the department has processed
the citation or conviction. Upon the applicant´s execution of an affidavit
attesting to such facts and to the fact that the court had not imposed a
suspension or revocation of his or her driver´s license or driving
privileges inconsistent with the driving privileges to be conferred by the
limited driving permit applied for, the department may issue such person a
limited driving permit."
SECTION
9.
This
Act shall become effective on July 1, 2007.
SECTION
10.
All
laws and parts of laws in conflict with this Act are repealed.