08 LC 33
2418
Senate
Bill 458
By:
Senators Johnson of the 1st, Moody of the 56th, Thomas of the 54th, Williams of
the 19th, Rogers of the 21st and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 20 of the Official Code of Georgia Annotated, relating to education,
so as to require local school systems and schools to be accredited; to provide
for definitions; to provide that if a school system or school loses or fails to
attain accreditation, a student shall be entitled to attend another public
school or receive a scholarship to attend a private school; to provide for
notice to parents; to provide for the maximum amount of the scholarship; to
provide for procedures and requirements for payment of scholarships; to provide
for conditions of acceptance of a scholarship; to provide for testing; to
provide for rules and regulations; to provide that if a school is designated as
a Needs Improvement School for seven consecutive years, a student shall be
entitled to attend another public school or receive a scholarship to attend a
private school; to provide for notice to parents; to provide for the maximum
amount of the scholarship; to provide for procedures and requirements for
payment of scholarships; to provide for conditions of acceptance of a
scholarship; to provide for testing; to provide for rules and regulations; 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.
Title
20 of the Official Code of Georgia Annotated, relating to education, is amended
by adding a new Code section to Article 3 of Chapter 2, relating to local boards
of education, to read as follows:
"20-2-72.
(a)
As used in this Code section, the term:
(1)
'Accredited' means accredited in good standing by the Southern Association of
Colleges and Schools or the Georgia Accrediting Commission.
(2)
'Parent' means a parent, legal guardian, custodian, or other person with legal
authority to act on behalf of a child.
(3)
'Participating student' means a student who receives a scholarship pursuant to
this Code section.
(4)
'Private school' means a nonpublic school, sectarian or nonsectarian, which has
accreditation or is in the process of receiving accreditation by one or more of
the entities listed in subparagraph (A) of paragraph (6) of Code Section
20-3-519.
(5)
'Resident school system' means the public school system in which the student
would be enrolled based on his or her residence.
(b)
Each local school system shall be accredited and shall maintain such
accreditation for its school system and for each school within its school system
as follows:
(1)
A school system or a school which is accredited as of the effective date of this
Act shall be required to maintain such accreditation in good standing;
(2)
A school system or a school which is not accredited as of the effective date of
this Act shall be required to become accredited no later than two years after
the effective date of this Act; and
(3)
A new school which is opened on or after the effective date of this Act shall be
required to become accredited no later than two years after the opening of such
school.
(c)(1)
If a school system or a school which is accredited is put on probation by its
accrediting agency, it shall provide notice to the parent of each student within
the school system or school, as appropriate, within 30 days of notice by the
accrediting agency to the school system of such probation status. Such notice
shall include acknowledgment of such status and the options that are available
to a student pursuant to subsection (d) of this Code section if the school
system loses its accreditation.
(2)
If a school system or a school which is not accredited as of the effective date
of this Act fails to attain such accreditation no later than two years after the
effective date of this Act, it shall provide notice no later than 30 days after
the expiration of such two-year period to the parent of each student within the
school system or school, as appropriate, of such failure and the options that
are available to a student pursuant to subsection (d) of this Code
section.
(3)
If a new school which is opened on or after the effective date of this Act fails
to become accredited within two years of its opening, the school shall provide
notice no later than 30 days after the expiration of such two-year period to the
parent of each student within the school of such failure and the options that
are available to a student pursuant to subsection (d) of this Code
section.
(d)
In the event a school system or school loses its accreditation or does not
become accredited in accordance with the time frames established pursuant to
subsections (b) and (c) of this Code section, the parent of each student in the
noncompliant school system or school, as appropriate, may opt to:
(1)
Choose for the student to attend another public school within the resident
school system which has available space, in the event of a noncompliant school.
If the parent chooses this option, the resident school system shall be
responsible for transportation to such school. The student may attend such
public school pursuant to this paragraph until the student completes all grades
of the school, graduates, or reaches the age of 20, whichever occurs first;
(2)
Choose to enroll the student in and transport the student to a public school
outside of the student´s resident school system which has available space,
in the event of a noncompliant school system or school. The public school
system may accept the student, and if it does, such system shall report the
student for purposes of funding to the department; or
(3)
Request and receive from the department a scholarship for the student to enroll
in and attend a private school in accordance with the following:
(A)
The amount of a scholarship provided pursuant to this paragraph shall be the
lesser of:
(i)
The amount equivalent to the costs of the educational program that would have
been provided for the student in the resident school system as calculated under
Code Section 20-2-161, which shall not include any federal funds; or
(ii)
The amount of the private school´s tuition and fees, including any
assessment fee required by the private school;
(B)
Participating students shall be counted in the enrollment of their resident
school system; provided, however, that this count shall only be for purposes of
determining the amount of the scholarship. The participating students shall not
be included as enrolled for purposes of state or federal accountability
requirements, including, but not limited to, the federal Elementary and
Secondary Education Act, as amended by the No Child Left Behind Act of 2001
(P.L. 107-110). The funds needed to provide a scholarship shall be subtracted
from the allotment payable to the resident school system;
(C)
Each local school system shall submit quarterly reports to the department on
dates established by the department stating the number of participating students
in the resident school system. Following each notification, the department
shall transfer from the state allotment to each school system the amount
calculated under Code Section 20-2-161 to a separate account for the
scholarships provided pursuant to this paragraph for quarterly disbursement to
the parents of participating students. When a student applies for a
scholarship, the department shall receive all documentation required for the
student´s participation, including the private school´s and
student´s fee schedules, at least 30 days before the first quarterly
payment is made for the student. The department shall not make any retroactive
payments;
(D)
Upon proper documentation received by the department, the department shall make
quarterly payments to the parents of participating students on dates established
by the department during each academic year in which the parents receive a
scholarship. The initial payment shall be made upon evidence of admission to
the private school, and subsequent payments shall be made on evidence of
continued enrollment and attendance at the private school;
(E)
Payment to the parents shall be made by individual warrant made payable to the
student´s parent and mailed by the department to the private school of the
parent´s choice, and the parent shall restrictively endorse the warrant to
the private school for deposit into the account of such school;
(F)
A person, on behalf of a private school, shall not accept a power of attorney
from a parent to sign a warrant, and a parent of a participating student shall
not give a power of attorney designating a person, on behalf of a private
school, as the parent´s attorney in fact;
(G)
If the private school requires partial payment of tuition prior to the start of
the academic year to reserve space for students admitted to the school, that
partial payment may be paid by the department prior to the first quarterly
payment of the year in which the scholarship is provided, up to a maximum of
$1,000.00, and deducted from subsequent payments. If a student decides not to
attend the private school, the partial reservation payment shall be returned to
the department by such school. Only one reservation payment per student may be
made per year;
(H)
Upon acceptance of a scholarship, the parent assumes full financial
responsibility for the education of the participating student, including
transportation to and from the private school;
(I)
For a student who receives a scholarship pursuant to this paragraph whose parent
requests that the student take the state-wide assessments pursuant to Code
Section 20-2-281, the resident school system shall make available to the student
locations and times to take all state-wide assessments. Test scores of private
school students participating in the state-wide assessments shall not be applied
to the system averages of the resident school system for data reported for
federal and state requirements; and
(J)
The department may bar a private school from receiving scholarships from
students pursuant to this paragraph if the department determines that the school
has intentionally and substantially misrepresented information or failed to
refund to the state any overpayments in a timely manner.
(K)
The scholarship shall remain in force until the student returns to his or her
assigned school in the resident school system or another public school,
completes all grades of the school, graduates, or reaches the age of 20,
whichever occurs first.
(e)
When a school system or school re-attains its accreditation, the options
included in subsection (d) of this Code section shall no longer be available to
students beginning in the school year following the re-attainment, except as
otherwise provided in subsection (d) of this Code section for students that
availed themselves of an option pursuant to such subsection when the school
system or school was noncompliant.
(f)
The State Board of Education shall establish rules and regulations for the
implementation of this Code section."
SECTION
2.
Said
title is further amended by adding a new Code section to Part 3 of Article 2 of
Chapter 14, relating to the accountability assessment program for kindergarten
through grade 12, to read as follows:
"20-14-42.
(a)
As used in this Code section, the term:
(1)
'Needs Improvement School' means a school that has received an unacceptable
rating for a period of two or more consecutive years pursuant to Code Section
20-14-41.
(2)
'Parent' means a parent, legal guardian, custodian, or other person with legal
authority to act on behalf of a child.
(3)
'Participating student' means a student who receives a scholarship pursuant to
this Code section.
(4)
'Private school' means a nonpublic school, sectarian or nonsectarian, which has
accreditation or is in the process of receiving accreditation by one or more of
the entities listed in subparagraph (A) of paragraph (6) of Code Section
20-3-519.
(5)
'Resident school system' means the public school system in which the student
would be enrolled based on his or her residence.
(b)
A school which has been designated as a Needs Improvement School for six
consecutive years shall provide notice to the parent of each student within the
school, within 30 days of notice of such status by the State Board of Education.
Such notice shall include acknowledgment of such status and the options that are
available to a student pursuant to subsection (c) of this Code section if the
school remains in such status for one more consecutive year.
(c)
In the event a school is designated as a Needs Improvement School for seven
consecutive years, the parent of each student in such school may opt
to:
(1)
Choose for the student to attend another public school within the resident
school system which has available space. If the parent chooses this option, the
resident school system shall be responsible for transportation to such school.
The student may attend such public school pursuant to this paragraph until the
student completes all grades of the school, graduates, or reaches the age of 20,
whichever occurs first;
(2)
Choose to enroll the student in and transport the student to a public school
outside of the student´s resident school system which has available space.
The public school system may accept the student, and if it does, such system
shall report the student for purposes of funding to the department;
or
(3)
Request and receive from the department a scholarship for the student to enroll
in and attend a private school in accordance with the following:
(A)
The amount of a scholarship provided pursuant to this paragraph shall be the
lesser of:
(i)
The amount equivalent to the costs of the educational program that would have
been provided for the student in the resident school system as calculated under
Code Section 20-2-161, which shall not include any federal funds; or
(ii)
The amount of the private school´s tuition and fees, including any
assessment fee required by the private school;
(B)
Participating students shall be counted in the enrollment of their resident
school system; provided, however, that this count shall only be for purposes of
determining the amount of the scholarship. The participating students shall not
be included as enrolled for purposes of state or federal accountability
requirements, including, but not limited to, the federal Elementary and
Secondary Education Act, as amended by the No Child Left Behind Act of 2001
(P.L. 107-110). The funds needed to provide a scholarship shall be subtracted
from the allotment payable to the resident school system;
(C)
Each local school system shall submit quarterly reports to the department on
dates established by the department stating the number of participating students
in the resident school system. Following each notification, the department
shall transfer from the state allotment to each school system the amount
calculated under Code Section 20-2-161 to a separate account for the
scholarships provided pursuant to this paragraph for quarterly disbursement to
the parents of participating students. When a student applies for a
scholarship, the department shall receive all documentation required for the
student´s participation, including the private school´s and
student´s fee schedules, at least 30 days before the first quarterly
payment is made for the student. The department shall not make any retroactive
payments;
(D)
Upon proper documentation received by the department, the department shall make
quarterly payments to the parents of participating students on dates established
by the department during each academic year in which the parents receive a
scholarship. The initial payment shall be made upon evidence of admission to
the private school, and subsequent payments shall be made on evidence of
continued enrollment and attendance at the private school;
(E)
Payment to the parents shall be made by individual warrant made payable to the
student´s parent and mailed by the department to the private school of the
parent´s choice, and the parent shall restrictively endorse the warrant to
the private school for deposit into the account of such school;
(F)
A person, on behalf of a private school, shall not accept a power of attorney
from a parent to sign a warrant, and a parent of a participating student shall
not give a power of attorney designating a person, on behalf of a private
school, as the parent´s attorney in fact;
(G)
If the private school requires partial payment of tuition prior to the start of
the academic year to reserve space for students admitted to the school, that
partial payment may be paid by the department prior to the first quarterly
payment of the year in which the scholarship is provided, up to a maximum of
$1,000.00, and deducted from subsequent payments. If a student decides not to
attend the private school, the partial reservation payment shall be returned to
the department by such school. Only one reservation payment per student may be
made per year;
(H)
Upon acceptance of a scholarship, the parent assumes full financial
responsibility for the education of the participating student, including
transportation to and from the private school;
(I)
For a student who receives a scholarship pursuant to this paragraph whose parent
requests that the student take the state-wide assessments pursuant to Code
Section 20-2-281, the resident school system shall make available to the student
locations and times to take all state-wide assessments. Test scores of private
school students participating in the state-wide assessments shall not be applied
to the system averages of the resident school system for data reported for
federal and state requirements; and
(J)
The department may bar a private school from receiving scholarships from
students pursuant to this paragraph if the department determines that the school
has intentionally and substantially misrepresented information or failed to
refund to the state any overpayments in a timely manner.
(K)
The scholarship shall remain in force until the student returns to his or her
assigned school in the resident school system or another public school,
completes all grades of the school, graduates, or reaches the age of 20,
whichever occurs first.
(d)
When a school is no longer designated as a Needs Improvement School, the options
included in subsection (c) of this Code section shall no longer be available to
students beginning in the school year following such removal of the designation,
except as otherwise provided in subsection (c) of this Code section for students
that availed themselves of an option pursuant to such subsection when the school
was designated as a Needs Improvement School for seven or more consecutive
years.
(f)
The State Board of Education shall establish rules and regulations for the
implementation of this Code section."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.