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.