House Bill 1293 (AS PASSED HOUSE AND SENATE)
By: Representatives Jones of the 47th, Martin of the 49th, Dickey of the 134th, Carpenter of
the 4th, and Fleming of the 114th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to
vocational, technical, and adult education, so as to provide updated eligibility requirements
for the Dual Achievement Program; to provide for continued eligibility for students already
enrolled in the program; to provide for certain students to remain enrolled in their resident
school or resident school system for administrative and accountability purposes only; to
provide for the creation of a funding formula; to provide for policies, rules, and regulations;
to repeal provisions regarding participation agreements, QBE funding, and accountability
assessments for the program; to provide for continuation of the program and eliminate a
provision providing for automatic repeal; to provide for an effective date; to provide for
related matters; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to vocational,
technical, and adult education, is amended by revising Article 6, relating to the Dual
Achievement Program, as follows:
"ARTICLE 6
20-4-140.
As used in this article, the term:
(1) <ins>'Completion special school' means a special school provided for in Article 31C of
Chapter 2 of this title which meets the requirements of Code Section 20-2-2096.3.
(2) 'Completion special school attendance zone' means an attendance zone established
by the State Board of Education for completion special schools pursuant to Code Section
20-2-2096.7.
(3)</ins> 'Dual Achievement Program' or 'program' means the program provided for in this
article.
<del>(2)(4)</del> 'Eligible student' means a student who meets the qualifications to participate in the
program.
<del>(3) 'Extracurricular activities' and 'interscholastic activities' shall have the same
respective meanings as set forth in Code Section 20-2-319.6.
(4) 'QBE formula earnings' means funds earned for the Quality Basic Education Formula
pursuant to Code Section 20-2-161 and shall include the portion of such funds that are
calculated as the local five mill share in accordance with Code Section 20-2-164. QBE
formula earnings shall include the salary portion of direct instructional costs, the
adjustment for training and experience, the nonsalary portion of direct instructional costs,
and earnings for psychologists and school social workers, school administration, facility
maintenance and operation, media centers, and staff development, as determined by the
Department of Education.
</del> (5) 'State board' means the State Board of the Technical College System of Georgia.
(6) 'Resident school' means the public school in which an eligible student is or would be
enrolled based on his or her primary residence.
(7) 'Resident school system' means the public school system in which an eligible student
is or would be enrolled based on his or her primary residence.
(8) 'Technical college system' means the Technical College System of Georgia.
<ins>(9) 'Wraparound services' means structured student support services, including, but not
limited to, academic advising, career counseling, tutoring, case management, and other
services necessary to support students enrolled in the program.
</ins> 20-4-141.
(a)(1) The state board shall, in coordination with the State Board of Education,
Department of Education, the Department of Juvenile Justice, the Department of
Corrections, and the Office of Planning and Budget, establish a <del>pilot</del> program to allow
students who meet eligibility requirements to qualify for enrollment in the Dual
Achievement Program at a participating unit of the technical college system and, upon
successful completion of the program, be awarded a high school diploma. The purpose
of the <del>pilot</del> program is to <del>assess the feasibility of implementing a state-funded program
for</del> <ins>allow</ins> eligible students who have withdrawn from high school to enroll in a unit of the
technical college system to participate in an academic and technical education and
training program which, upon successful completion, allows the student to earn a high
school diploma while also earning a technical college associate's degree, a technical
college diploma, or technical college certificates of credit in specific career pathways.
(2) To implement the <del>pilot</del> program, notwithstanding any other provision of law to the
contrary, the state board and the State Board of Education shall be authorized to waive
or provide variances to state rules, regulations, policies, and procedures and to provisions
of this title that may be reasonably necessary to meet the goals of the <del>pilot</del> program,
<del>including, but not limited to, such rules, regulations, policies, procedures, and provisions
as relate to the calculation, allocation, and distribution of QBE formula earnings.</del> Such
waivers or variances shall automatically expire at the end of ten years unless an earlier
expiration is provided for. The state board and the State Board of Education shall be
authorized to seek waivers or variances of federal laws, rules, regulations, policies, and
procedures that may be reasonably necessary to meet the goals of the <del>pilot</del> program.
(3) <del>The pilot program, as determined by the state board, may include up to five units of
the technical college system for a period of ten years. In an effort to pilot the program
under various conditions present in the state, the state board shall seek to include in the
pilot program units of the technical college system from various geographic areas in the
state.
(4)</del> The state board shall review the results of the <del>pilot</del> program and shall no later than
November 15 <ins>of</ins> each year during the program provide the Office <del>and</del> <ins>of</ins> Planning and
Budget and the chairpersons of the House Committee on Education, the Senate Education
and Youth Committee, the House Committee on Higher Education, the Senate Higher
Education Committee, the House Committee on Appropriations, and the Senate
Appropriations Committee with a comprehensive report on the program with any
recommendations for <del>its continued use and</del> any needed changes in the program. Such
report shall include a comprehensive list of any such waivers or variances implemented
or requested as provided for in paragraph (2) of this subsection, a statement of necessity
for each waiver or variance, and with respect to any such requests, whether each request
was granted in whole or in part. <ins>Beginning in 2027, such report shall include the funding
formula developed pursuant to Code Section 20-4-142, the factors considered to develop
the formula, and recommendations for any needed changes to such formula.
</ins> (b) The <del>pilot</del> program established by the state board pursuant to this article shall provide
for the award of a high school diploma by the state board to students who successfully
complete the program.
(c) The state board shall determine the specific competencies concerning the skills and
knowledge needed for completion of each component of the program; provided, however,
that the state board shall make such determination regarding the skills and knowledge
needed to meet the requirements for a high school diploma as provided for in this program
in consultation with the State Board of Education and the Department of Education.
(d) The state board shall provide for preliminary review of academic records, including,
but not limited to official secondary school transcripts, submitted by prospective students
to determine whether such students meet the <ins>eligibility</ins> requirements provided for in
<del>paragraphs (1) and (2) of subsection (e) of</del> this Code section. If a prospective student meets
such requirements, the student shall be so notified and allowed to complete a readiness
assessment required by the technical college system. Students who meet the <ins>eligibility
</ins> requirements provided for in <del>paragraphs (1) and (2) of subsection (e) of</del> this Code section
and attain an acceptable score of admission on the readiness assessment shall be notified
that they are eligible to participate in the program, subject to meeting the <ins>eligibility
</ins> requirements provided for in <del>the applicable paragraphs of subsection (f) of</del> this Code
section.
(e) <del>To</del> <ins>Before July 1, 2028, to</ins> be eligible to participate in the program, a student shall:
(1) Be 16 years of age or older;
(2) Have completed at least six of the nine following state required ninth and tenth grade
level high school courses: two English courses, two mathematics courses, two science
courses, two social studies courses, and one health and physical education course; and
any state required tests associated with any such courses;
(3) Receive an acceptable score of admission on the readiness assessment required by
the technical college system; and
(4) <del>Meet the requirements provided for in the applicable paragraph of subsection (f) of
this Code section.
(f)(1) Before July 1, 2026, to be eligible to participate in the program, a student shall be
withdrawn from a public secondary school of this state, shall meet the requirements
provided for in subsection (e) of this Code section, and shall provide the following:
</del> (A) If <del>an unemancipated minor</del> <ins>such student is 16 or 17 years of age:
</ins>
(i) <del>Verification that the student's parent or legal guardian attended a conference with
the student's high school principal or the principal's designee as provided for in
subsection (f) of Code Section 20-2-690.1;</del> <ins>Be enrolled in his or her resident school
or resident school system only for administrative purposes and for the purposes of the
education accountability programs provided for in Article 2 of Chapter 14 of this title;
and
</ins> (ii) <del>A copy of the form provided for in subsection (f) of Code Section 20-2-690.1
signed by the student's parent or legal guardian;</del> <ins>Provide written acknowledgment that
the high school diploma available through the Dual Achievement Program requires
successful completion of the program; or
</ins> <del>(iii) Written acknowledgment by the student's parent or guardian that withdrawal of
the student from secondary school may result in loss of eligibility for
accommodations, specialized instruction, and other services pursuant to the federal
Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq., and
Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq.;
and
(iv) Written acknowledgment that the high school diploma available through the Dual
Achievement Program requires successful completion of the program; or
</del> (B) If <del>an emancipated minor or a student who</del> <ins>such student</ins> is 18, 19, or 20 years of
age, <ins>be withdrawn from a public secondary school in this state and provide:
</ins> (i) Written acknowledgment that the student has conferred with his or her secondary
school principal or the principal's designee or a qualified designated official of the
technical college system and discussed alternatives to withdrawing from high school
without completing graduation requirements and potential consequences of not having
a high school diploma, including lower lifetime earnings, fewer jobs for which the
student will be qualified, and the inability to avail oneself of higher educational
opportunities;
(ii) Written acknowledgment by the student's parent or guardian that withdrawal of
the student from secondary school may result in loss of eligibility for
accommodations, specialized instruction, and other services pursuant to the federal
Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq., and
Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq.;
and
(iii) Written acknowledgment that the high school diploma available through the
Dual Achievement Program requires successful completion of the program.
<del>(2) Beginning July 1, 2026, to be eligible to participate in the program, a student shall
be enrolled in a public secondary school of this state, shall not have reached 21 years of
age, shall meet the requirements provided for in subsection (e) of this Code section, and
shall provide the following:
(A) Written acknowledgment that such student shall not be eligible to participate in
extracurricular activities or interscholastic activities under the sponsorship, direction,
or control of such student's resident school or resident school system; and
(B) Written acknowledgment that the high school diploma available through the Dual
Achievement Program requires successful completion of the program.
(g)(f)</del> <ins>Notwithstanding subsection (g) of this Code section, any</ins> <del>Any</del> student who is
enrolled in the program on June 30, <del>2026</del> <ins>2028,</ins> shall remain eligible to participate in the
program according to the terms and conditions of such student's original eligibility to
participate in the program.
<ins>(g) Except as otherwise provided in subsection (h) of this Code section, on and after
July 1, 2028, to be eligible to participate in the program, a student shall:
(1) Be at least 18 years of age and under 23 years of age;
(2) Be withdrawn from a public school in this state;
(3) Have not yet earned a high school diploma;
(4) Meet the admission requirements for the program established by the state board;
</ins>
<ins>(5) Participate in required wraparound services; and
(6) Provide the following:
(A) Written acknowledgment that the student has conferred with his or her secondary
school principal or the principal's designee or a qualified designated official of the
technical college system and discussed alternatives to withdrawing from high school
without completing graduation requirements and potential consequences of not having
a high school diploma, including lower lifetime earnings, fewer jobs for which the
student will be qualified, and the inability to avail oneself of higher educational
opportunities;
(B) Written acknowledgment by the student's parent or guardian that withdrawal of the
student from secondary school may result in loss of eligibility for accommodations,
specialized instruction, and other services pursuant to the federal Individuals with
Disabilities Education Act, 20 U.S.C. Section 1400, et seq., and Section 504 of the
federal Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq.; and
(C) Written acknowledgment that the high school diploma available through the Dual
Achievement Program requires successful completion of the program.
(h) Notwithstanding paragraphs (1), (2), and (6) of subsection (g) of this Code section, on
and after July 1, 2028:
(1) A student who is 16 or 17 years of age and resides in a completion special school
attendance zone that does not have an operating completion special school shall be
eligible to participate in the program, provided such student meets the other eligibility
requirements provided for in subsection (g) of this Code section.
(2) An eligible student who participates in the program pursuant to this subsection shall
be enrolled in his or her resident school or resident school system only for administrative
purposes and for the purposes of the education accountability programs provided for in
Article 2 of Chapter 14 of this title.
</ins>
<ins>(i)</ins> <del>By March 1,</del> <ins>Not later than July 1,</ins> 2026, the State Board of Education shall adopt any
policies, rules, or regulations that are necessary to ensure that any student who withdraws
from his or her resident school or resident school system and subsequently wishes to
participate in the program shall be permitted to re-enroll in such resident school or resident
school system in order to participate in the program on and after July 1, 2026, <ins>only for
administrative purposes and for the purposes of the education accountability programs
provided for in Article 2 of Chapter 14 of this title.</ins> Such policies, rules, and regulations
shall provide for such students to complete such re-enrollment without having to appear
at such resident school or resident school system. Upon collaboration with the state board,
such policies, rules, and regulations may provide for such re-enrollment to be facilitated
by the technical college system.
<del>(i)(j)</del> The state board shall award a high school diploma to a student enrolled in the
program provided for in this article who:
(1) Completes all student counseling and assessment requirements of the program;
(2) Completes rigorous coursework at a participating unit of the technical college
system; and
(3) Completes:
(A) A technical college associate's degree program;
(B) A technical college diploma program; or
(C) At least two technical college certificate of credit programs in one specific career
pathway.
<ins>(j)(k)</ins> A student who meets the requirements of subsection <del>(h)</del> <ins>(i)</ins> of this Code section shall
be deemed to have met all graduation requirements of the State Board of Education and
shall not be subject to any assessments otherwise required for purposes of graduation.
<ins>(k)(l)(1)</ins> The state board, in consultation with the State Board of Education, Department
of Education, the Department of Juvenile Justice, the Department of Corrections, and the
Office of Planning and Budget, shall establish rules and regulations to implement the
provisions of this article.
<ins>(2) Not later than January 1, 2028, such rules and regulations shall include:
(A) Eligibility and admission requirements consistent with the eligibility criteria
provided for in subsections (g) and (h) of this Code section; and
(B) Standards and requirements for wraparound services offered to students enrolled
in the program.
</ins> <del>20-4-141.1.
(a) By January 1, 2026, the State Board of Education, in collaboration with the state board,
the Office of Planning and Budget, and the Office of Student Achievement, shall establish
whatever policies, rules, and regulations are necessary to implement the requirements of
this article, including, but not limited to, any such policies, rules, or regulations that are
necessary to accurately account for each student who is participating in the program
pursuant to paragraph (2) of subsection (f) of Code Section 20-4-141 in the counts required
by Code Section 20-2-160.
(b) For each eligible student enrolled in the program on or after July 1, 2026, the State
Board of Education shall pay to the state board an amount not less than a proportional share
of QBE formula earnings, QBE grants, and federal funds earned by the resident school
system for such eligible student. Such proportional share shall be calculated pro rata based
on the number of one-sixth segments of the school day such eligible student attends at a
participating unit of the technical college system.
(c)(1) By April 1, 2026, and by April 1 each year thereafter, the state board and the State
Board of Education shall publish on the public website of the technical college system
a comprehensive list of courses at participating units of the technical college system that
shall be counted towards high school diploma requirements and shall be considered a
one-sixth segment of the school day for the purposes of this article. Once such a
</del>
<del>comprehensive list is published on the public website of the technical college system, it
may only be revised upon written agreement by the state board and the State Board of
Education detailing the reasons for each revision. In the event such comprehensive list
is revised pursuant to such a written agreement, the comprehensive list published on the
public website of the technical college system shall be updated immediately along with
a copy of such written agreement.
(2) Each revision to the comprehensive list required by paragraph (1) of this subsection
shall be prospective, and no revision to such comprehensive list shall result in any
adverse action for any student enrolled and in good standing at the time of such revision.
(d) Beginning July 1, 2026, each resident school system with an eligible student who is
participating in the program pursuant to paragraph (2) of subsection (f) of Code Section
20-4-141 shall enter into a participation agreement with the state board agreeing that each
such student:
(1) Is enrolled in the resident school system and resident school for administrative
purposes and for the purposes of education accountability assessment programs provided
for in Article 2 of Chapter 14 of this title only; and
(2) Shall not be eligible to participate in extracurricular activities or interscholastic
activities under the sponsorship, direction, or control of such student's resident school or
resident school system.
</del> 20-4-142.
<del>This article shall stand repealed on July 1, 2031.
</del> <ins>(a) The state board, in coordination with the Office of Planning and Budget, shall develop
a funding formula for the program. Beginning with Fiscal Year 2028, and for each fiscal
year thereafter, such formula shall be used to calculate the amount of funding needed for
the program for each fiscal year which shall be included in the state board's budget request
to the General Assembly.
</ins>
<ins>(b) To develop the funding formula, the state board and the Office of Planning and Budget
shall consider factors relevant to determining the amount of funding needed for the
program, including, but not limited to:
(1) The number of students enrolled in the program and the number of students expected
to be enrolled in the program in the relevant fiscal year;
(2) The number of credit hours attempted and completed by students participating in the
program;
(3) Wraparound services provided to students participating in the program;
(4) Student outcomes and performance, including, but not limited to, diploma and
credential attainment and student persistence."
</ins> SECTION 2.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.