House Bill 217 (AS PASSED HOUSE AND SENATE)
By: Representatives Hong of the 103rd, Martin of the 49th, Erwin of the 32nd, Wade of the 9th,
and Ballard of the 147th
A BILL TO BE ENTITLED
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to
update provisions relating to ineligibility for election to a local board of education; to provide
for the education savings authority to make limited disclosures to the Department of Revenue
for purposes of verifying income as compared to income thresholds; to extend the Dual
Achievement Program for an additional five years; to provide updated eligibility
requirements for the program beginning July 1, 2026; to provide for continued eligibility for
students already enrolled in the program; to provide for QBE funding and accountability
assessments to be included in the program; to provide for policies, rules, and regulations; to
provide for participation agreements; to provide for reporting; to provide for automatic
repeal; to provide definitions; to provide for related matters; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in
Code Section 20-2-51, relating to election of local board of education members, persons
ineligible to be members of superintendent, ineligibility for local boards of education, and
ineligibility for other elective offices, by revising subparagraph (c)(4)(B) as follows:
"(B) Notwithstanding subsection (b) of Code Section 20-2-244, in local school systems
in which the <del>initial fall</del> <ins>current</ins> enrollment count conducted <del>in 2009</del> pursuant to Code
Section 20-2-160 does not exceed a full-time equivalent count of 2,800, the State Board
of Education shall be authorized to waive this paragraph upon the request of a local
board of education or an individual attempting to qualify to run for local board of
education member and in accordance with the provisions of subsections (d) and (e) of
Code Section 20-2-244; provided, however, that prior to submitting any such request,
the local board of education shall, upon its own initiative, or at the request of such
individual attempting to qualify to run for local board of education member:
(i) Provide 30 days' notice of the individual's intent to run for office; and
(ii) Conduct a public hearing for the purpose of providing an opportunity for full
discussion and public input on the issue of potential nepotism problems and other
concerns with regard to such waiver. The public hearing shall be advertised at least
seven days prior to the date of such hearing in a local newspaper of general
circulation which shall be the same newspaper in which other legal announcements
of the local board of education are advertised. The public hearing may be conducted
in conjunction with a regular or called meeting of the local board or may be
conducted independently, at the local board's discretion.
The cost of such notice and public hearing shall be borne by the local board. The State
Board of Education shall approve or deny a waiver request no later than 45 days after
receipt of such waiver request, taking into consideration whether the benefit to the
public would justify approval of the waiver. An approved waiver must be received by
the local election superintendent prior to an individual's filing of a declaration or notice
of candidacy in accordance with Article 4 of Chapter 2 of Title 21."
SECTION 2.
Said title is further amended in Code Section 20-2B-5, relating to powers of the education
savings authority, by revising subsection (b) and by adding a new subsection to read as
follows:
"(b) <del>Pursuant</del> <ins>Except as provided in subsection (d) of this Code section, pursuant</ins> to Code
Section 50-18-70, the education savings authority shall not disclose and shall keep
confidential, in each case unless identifying information has been redacted:
(1) Records that include information identifying a student or former student by name,
address except for ZIP Code, telephone number, or emergency contact; and
(2) Records that reveal an individual's social security number, mother's birth name, credit
card information, debit card information, bank account information, account number,
utility account number, password used to access his or her account, financial data or
information, insurance or medical information in all records, unlisted telephone number
if so designated in a public record, personal email address or cellular telephone number,
or month and day of birth."
<ins>"(d) As necessary to enforce the provisions of this chapter, the education savings authority
or its duly authorized agents may submit to the state revenue commissioner the names of
applicants for promise scholarship accounts or account funds or other benefits or payments
provided under this chapter, as well as the relevant income threshold specified therein. If
the education savings authority elects to contract with the state revenue commissioner for
such purposes, the state revenue commissioner and his or her agents or employees shall
notify the education savings authority whether each submitted applicant's income exceeds
the relevant income threshold provided. The education savings authority shall pay the state
revenue commissioner for all costs incurred by the Department of Revenue pursuant to this
subsection. No information shall be provided by the Department of Revenue to the
education savings authority without an executed cooperative agreement between the two
entities. Any tax information secured from the federal government by the Department of
</ins>
<ins>Revenue pursuant to express provisions of Section 6103 of the Internal Revenue Code may
not be disclosed by the Department of Revenue pursuant to this subsection. Any person
receiving any tax information under the authority of this subsection is subject to the
provisions of Code Section 48-7-60 and to all penalties provided under Code Section
48-7-61 for unlawful divulging of confidential tax information."
</ins> SECTION 3.
Said title is further amended in Chapter 4, relating to vocational, technical, and adult
education, 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) 'Dual Achievement Program' or 'program' means the program provided for in this
article.
(2) 'Eligible student' means a student who meets the qualifications to participate in the
program.
<ins>(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.
</ins> <del>(3)(5)</del> 'State board' means the State Board of the Technical College System of Georgia.
<ins>(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.
</ins> <del>(4)(8)</del> 'Technical college system' means the Technical College System of Georgia.
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 pilot 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 pilot program is to assess the feasibility of implementing a state-funded program
for 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 degree, a technical
college diploma, or technical college certificates of credit in specific career pathways.
(2) To implement the pilot program, notwithstanding any other provision of law to the
contrary, the <del>State Board of the Technical College System of Georgia</del> <ins>state board</ins> 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 pilot program, <ins>including, but not limited to, such rules,
regulations, policies, procedures, and provisions as relate to the calculation, allocation,
and distribution of QBE formula earnings.</ins> Such waivers or variances shall automatically
expire at the end of <del>five</del> <ins>ten</ins> years unless an earlier expiration is provided for. The <del>State
</del>
<del>Board of the Technical College System of Georgia</del> 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 pilot program.
(3) The pilot program, as determined by the state board, may include up to five units of
the technical college system for a period of <del>five</del> <ins>ten</ins> 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) The state board shall review the results of the pilot program and shall no later than
<del>February 1</del> <ins>November 15</ins> each year during the program provide the General Assembly
<ins>the Office and 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</ins> with a comprehensive report
on the program with any recommendations for its continued use and any needed changes
in the program. Such report shall include a comprehensive list <ins>of</ins> any such waivers or
variances <ins>implemented or</ins> requested as provided for in paragraph (2) of this subsection,
a statement of necessity for each <ins>waiver or variance, and with respect to any such
requests,</ins> <del>request, and</del> whether each request was granted in whole or in part.
(b) The pilot program established by the state board pursuant to this article shall provide
for the award of a high school diploma <ins>by the state board</ins> 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) <del>In order to minimize the risk of prospective students prematurely withdrawing from
a secondary school in order to participate in the program, the</del> <ins>The</ins> 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 requirements provided for in paragraphs (1) and (2) of subsection (e) of this Code
<del>Section</del> <ins>section.</ins> 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 requirements provided for in paragraphs (1) and (2) of
subsection (e) of this Code <del>Section</del> <ins>section</ins> and attain <del>a</del> <ins>an acceptable</ins> score of admission
<del>acceptable</del> on the readiness assessment shall be notified that they are eligible to participate
in the program, subject to meeting the requirements provided for in <ins>the applicable
</ins> paragraphs <del>(4) and (5)</del> of subsection <del>(e)</del> <ins>(f)</ins> of this Code <del>Section</del> <ins>section.
</ins> (e) To 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 <del>a</del> <ins>an acceptable</ins> score of admission <del>acceptable</del> on the readiness assessment
required by the technical college system; <ins>and
</ins> (4) <ins>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
</ins>
<ins>provided for in subsection (e) of this Code section, and shall provide</ins> <del>Provide</del> the
following:
(A) If an unemancipated minor:
(i) 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 (e) of Code Section 20-2-690.1;
(ii) A copy of the form provided for in subsection (e) of Code Section 20-2-690.1
signed by the student's parent or legal guardian;
(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 <del>U.S.C.A.</del> <ins>U.S.C.</ins> Section 1400, et seq.,
and Section 504 of the federal Rehabilitation Act of 1973, 29 <del>U.S.C.A.</del> <ins>U.S.C.</ins> 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
(B) If an emancipated minor or a student who is 18, 19, or 20 years of age:
(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 <del>U.S.C.A.</del> <ins>U.S.C.</ins> Section 1400, et seq.,
and Section 504 of the federal Rehabilitation Act of 1973, 29 <del>U.S.C.A.</del> <ins>U.S.C.</ins> 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>and.
(5) Be withdrawn from a public secondary school of this state.
</del> <ins>(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) Any student who is enrolled in the program on June 30, 2026, 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.
(h) By March 1, 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. 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.
</ins>
<del>(f)(i)</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 degree program;
(B) A technical college diploma program; or
(C) At least two technical college certificate of credit programs in one specific career
pathway.
<del>(g)(j)</del> A student who meets the requirements of <del>subsections (f)</del> subsection (h) 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.
<del>(h)(k)</del> 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>20-2-141.1.
(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.
</ins>
<ins>(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
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
</ins>
<ins>(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.
</ins> 20-4-142.
This article shall stand repealed on July 1, <del>2026</del> <ins>2031."
</ins> SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.