House Bill 106 By: Representatives Barnes of the 86th, Westbrook of the 163rd, Alexander of the 66th, McClain of the 109th, Lupton of the 83rd, and others A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to authorize local boards of education and other public school governing bodies to offer a driver education training course as an elective; to provide for funding from local funds, student fees, and state funding subject to appropriations; to provide for rules and regulations for the allocation of state funds; to provide for conforming cross-references; to provide for a short title; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Safe Teens Act." SECTION 2. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by revising Code Section 20-2-151.2, relating to driver education course accepted for Carnegie unit elective credits, as follows: "20-2-151.2. (a) For the purpose of earning Carnegie unit curriculum credits at the high school level, satisfactory completion, on or after January 1, 1999, of a driver education training course approved by the Department of Driver Services pursuant to Code Section 40-5-10 in a driver training school and under the instruction of a driver training instructor licensed by the department Department of Driver Services under Chapter 13 of Title 43, 'The Driver Training School and Commercial Driver Training School License Act,' may be accepted by the State Board of Education for one-half unit of elective credit for any student. (b) Each local board of education or other public school governing body shall be authorized to offer an elective driver education training course approved by the Department of Driver Services pursuant to Code Section 40-5-10 for one-half unit of elective credit for any high school student. When such a driver education training course is offered, the cost of such course shall be paid from one or more of the following: (1) Funds of the local board of education or other public school governing body, in an amount to be determined by such board of education or governing body; (2) Student fees, in an amount to be determined by the local board of education or other public school governing body; provided, however, that the failure to pay such fees shall not disqualify a student from receiving elective credit for successfully completing the course; or (3) State funds, in an amount allocated according to rules and regulations promulgated by the State Board of Education, subject to appropriation by the General Assembly." SECTION 3. Said article is further amended in subsection (a) of Code Section 20-2-160, relating to determination of enrollment by institutional program and determination of funds to be appropriated, as follows: "(a) The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education training course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career, technical, and agricultural education laboratory program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more content standards as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in a dual credit course pursuant to Code Section 20-2-161.3 shall be counted for the high school program or other appropriate program for each segment in which the student is attending such dual credit course. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date." SECTION 4. Said article is further amended in Code Section 20-2-257, relating to grants for driver education courses for secondary school students, as follows: "20-2-257. The State Board of Education shall provide public secondary schools and local school systems with grants, subject to appropriation by the General Assembly and pursuant to applications made at the discretion of such systems. The purpose of such grants shall be to support motor vehicle driver education training courses and programs for secondary school students. The amount of such grants shall be reflective of the most recent counts of age 15, 16, and 17 year old secondary school students in the public schools or local school systems. The public schools or local school systems receiving such grants may expend these funds only for purposes of providing driver education training courses or programs to secondary school students. Such courses or programs may be provided directly by the local school system or by contract with a private driver education school licensed by the Department of Driver Services. Such grants shall be supplemental to any other provision of state funds for such driver education training courses or programs. The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section." SECTION 5. All laws and parts of laws in conflict with this Act are repealed.