Georgia CommonsHB 1259: Education; prohibit virtual instruction to out-of-system students if the local school system has a College and Career Ready Performance Index below the state average
Last action March 31, 2026 · Senate Tabled
HB 1259 would bar local school systems in Georgia from providing virtual instruction to out-of-district students if the district's academic performance score has averaged below 65 for two straight years, and would stop counting those virtual students toward state equalization funding.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest LegiScan holds.
In plain language
Georgia law currently lets local school systems enroll students who live in other districts (called out-of-system students) in virtual schools. HB 1259 changes the rules for those arrangements. It amends Georgia's Quality Basic Education Act (O.C.G.A. § 20-2-167.2) to block a local school system or its virtual school from offering virtual instruction to out-of-system students in any year following two straight school years where its College and Career Ready Performance Index (the state's school rating score) averaged below 65. The bill also says out-of-system students can no longer be counted when a district calculates its eligibility for equalization funds, a form of state aid meant to help lower-wealth districts. Districts that enroll out-of-system students must compile a full list of them twice a year, on October 1 and March 1. The changes would take effect July 1, 2027.
What the bill does
- Bars a local school system or its virtual school from enrolling out-of-system students in virtual instruction if its College and Career Ready Performance Index averaged below 65 over the previous two school years.
- Prohibits counting out-of-system students toward a district's eligibility for equalization funds under O.C.G.A. § 20-2-165.
- Requires any local school system enrolling out-of-system students to compile a complete list of them as of October 1 and March 1 each year.
- Keeps existing requirements that districts with over 5 percent out-of-system enrollment spend 90 percent of related funds on those students' virtual instruction and include their results in performance data.
- Exempts this Code section from waivers otherwise available to strategic waivers school systems, charter systems, charter schools, and certain other flexibility programs.
- Sets the effective date as July 1, 2027.
Who it affects
Local school districts that run virtual schools enrolling students from other districts, the out-of-system students and families who rely on those virtual programs, and districts that receive equalization funding, since those funds would be calculated without counting out-of-system virtual students.
Why it matters
Students living in lower-performing districts could lose access to virtual schooling options offered by other districts once those districts' performance scores fall below the threshold for two years. Districts would also see their equalization funding calculated differently, which could shift the state aid some school systems receive.
Key provisions
- Section 1 revises O.C.G.A. § 20-2-167.2, adding a new rule barring virtual instruction to out-of-system students when a district's Performance Index has averaged below 65 for the prior two school years.
- Section 1 also adds a requirement that districts enrolling out-of-system students compile a list of them twice yearly, on October 1 and March 1.
- Section 1 excludes out-of-system students from counting toward equalization funds under O.C.G.A. § 20-2-165.
- Section 1 keeps the existing rule that districts with more than 5 percent out-of-system enrollment must spend 90 percent of related funds on those students' virtual instruction.
- Section 1 exempts this Code section from several existing waiver programs for strategic waivers systems, charter systems, charter schools, and flexibility contracts.
- Section 2 sets the effective date as July 1, 2027.
- Section 3 repeals conflicting laws.
From the bill
“Not provide virtual instruction to out-of-system students in the current academic year if the local school system or its virtual school has failed to maintain an average of 65 or above on the College and Career Ready Performance Index over the previous two school years.”
“No local school system shall include any such out-of-system student in any count for purposes related to qualifying for equalization funds pursuant to Code Section 20-2-165.”
Status timeline
- Senate Tabled (Senate)
- Senate Third Read (Senate)
- Senate Read Second Time (Senate)
- Senate Committee Favorably Reported By Substitute (Senate)
- Senate Read and Referred (Senate)
- House Passed/Adopted By Substitute (House)
- House Third Readers (House)
- House Committee Favorably Reported By Substitute (House)
Show full history (11 actions)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Matt Dubnik (R, HD-029)
- Chris Erwin (R, HD-032)
- James Hatchett (R, HD-155)
- Todd Jones (R, HD-025)
- Billy Hickman (R, SD-004)
Votes
- House voteFebruary 25, 2026
169 yea, 0 nay (3 not voting, 5 absent)
Topics
- virtual schools
- education funding
- school performance standards
- equalization funds
- out-of-district enrollment