HB634: HB634 Georgia Special Needs Scholarship Act; expedited completion of a student's first Individualized Education Program; revise provisions

26 LC 61 0485S The Senate Committee on Education and Youth offered the following substitute to HB 634: A BILL TO BE ENTITLED AN ACT To amend Article 33 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the1 "Georgia Special Needs Scholarship Act," so as to revise provisions for expedited completion2 of a student's first Individualized Education Program; to provide for calculating maximum3 scholarship amounts for certain students; to provide for electr onic deposits; to provide for4 a compliance form; to provide for deadlines by which the Depart ment of Education shall5 publish certain information; to provide for related matters; to repeal conflicting laws; and for6 other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 Article 33 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Georgia10 Special Needs Scholarship Act," is amended by revising subsecti ons (a) and (f) of Code11 Section 20-2-2116, relating to amount of scholarship and method of payments, as follows:12 "(a) The maximum scholarship granted a scholarship student pursuant to this article shall13 be an amount equivalent to the costs of the educational program that would have been14 provided for the student in the resident school system as calcu lated under Code15 Section 20-2-161 and, if a scholarship student has an Individua lized Education Program16 - 1 - 26 LC 61 0485S (IEP), based upon services specified in the Individualized Education Program in place at17 the time of the most recent enrollment count, as described in C ode Section 20-2-160. ;18 provided, however, that, in the case of a student whose first Individual Education Program19 was expedited as provided for in subparagraph (a)(3)(A) of Code Section 20-2-2114 but20 was not in effect at the time of the most recent enrollment count, the initial calculation of21 the maximum scholarship amount shall be based upon services spe cified in the22 Individualized Education Program in place at the time such Indi vidualized Education23 Program takes effect; and provided, further, that such initial calculation shall be revised24 based upon services specified in the Individualized Education Program in place at the time25 of the next enrollment count. In the event that changes in ser vices were made and26 implemented in a scholarship student's Individualized Education Program after the most27 recent enrollment count, the department may modify such student 's record to reflect28 services provided to such student and shall determine whether such changes would require29 a modification in such scholarship student's maximum scholarshi p amount. The30 department shall develop a process for making such determinatio ns and for modifying31 scholarship amounts when necessary. This shall not include any federal funds."32 "(f) Payment to the parents must shall be made by individual warrant made payable to the33 student's parent. The department shall electronically deposit payments that have been34 restrictively endorsed by parents into the account of such school; provided, however, that35 in the event an electronic deposit cannot be made, such payment may be and mailed by the36 department to the participating school of the parent's choice, and the parent shall37 restrictively endorse the warrant to the participating school for deposit into the account of38 such school."39 SECTION 2.40 Said article is further amended by revising subsections (a) and (b) of Code41 Section 20-2-2117, relating to adoption and promulgation of rules, immunity from liability42 - 2 - 26 LC 61 0485S for scholarship decisions, and schools may be barred from program participation for certain43 actions, as follows:44 "(a) The board shall adopt rules to administer the program rega rding student eligibility,45 eligibility and participation of participating schools, including, but not limited to, timelines46 that will maximize student and public and private school participation, the calculation and47 distribution of scholarships to eligible students and participa ting schools, and t h e48 application and approval procedures for eligible students and p articipating schools, the49 transparency of the program, and ensuring public awareness of the program and its impacts.50 The department shall develop and utilize a compliance form for completion by51 participating schools. The department shall be authorized to r equire any pertinent52 information as it deems necessary from participating schools fo r the purpose of53 implementing the program. Participating schools shall be required to complete such forms54 and certify their accuracy.55 (b)(1) The board shall adopt rules to administer the program regarding student eligibility,56 transparency, and awareness of the impact of the program, including, but not limited to,57 the following: The department shall develop and utilize a compliance form for58 completion by participating schools. The department shall be authorized to require any59 pertinent information as it deems necessary from participating schools for the purpose of60 implementing the program. Participating schools shall be requi red to complete such61 forms and certify the accuracy of the information contained therein.62 (1)(2) The department shall conduct an annual survey of participatin g parents'63 satisfaction with the program, their satisfaction with the priv ate school, and their64 likelihood of recommending the program. Survey results shall be collected using only65 numerical measures and made publicly available in the annual re port provided for in66 Code Section 20-2-2118; and.67 (2)(3) The department shall post on its publicly accessible public website the basic unit68 cost for general instructional programs as a minimum estimate for scholarship amounts. 69 - 3 - 26 LC 61 0485S Each year, as soon as practicable but no later than July 15, th e The department shall70 provide parents of scholarship students the actual scholarship amounts upon appropriation71 of state funds to the department for disbursement. Within 30 calendar days of receipt of72 the actual scholarship amount, a parent of a scholarship student who believes that such73 student's program weights have been incorrectly reported by the local school system,74 including, but not limited to, services or segments that are in cluded in the student's75 Individualized Education Program but were not recorded as part of such final enrollment76 count, may make a request in writing to the department for a review of the accuracy of77 the local school system's reported program weights. The depart ment shall provide a78 written response within 30 days of receipt of the parent's written request."79 SECTION 3.80 Said article is further amended by revising Code Section 20-2-2118, relating to annual report,81 as follows:82 "20-2-2118.83 The Office of Student Achievement, in conjunction with the department, shall provide the84 General Assembly not later than December 1 of each year with a report regarding the85 scholarship program for the previous fiscal year. The report s hall include, but not be86 limited to, numbers and demographics of students participating, disaggregated by student87 age, grade level, gender, race, ethnicity, and eligibility for free or reduced price meals88 under federal guidelines at the time each student commenced participating in the program;89 and numbers of participating schools; and the medical or behaviora l conditions the90 participating school is either currently accommodating or is able to accommodate. Such91 report shall also be posted on the Office of Student Achievement's public website."92 SECTION 4.93 All laws and parts of laws in conflict with this Act are repealed.94 - 4 -