HB 907: Completion Special Schools Act; certain local school systems to either be a party to a collaborative operating agreement with a completion special school or provide certain education programs and services; require

House Bill 907 (AS PASSED HOUSE AND SENATE)

By: Representatives Jones of the 47th, Burns of the 159th, Dubnik of the 29th, Jasperse of the 11th, Erwin of the 32nd, and others

A BILL TO BE ENTITLED

AN ACT

To amend Article 31C of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Completion Special Schools Act," so as to require certain local school systems to either be a party to a collaborative operating agreement with a completion special school or provide certain education programs and services to students in grades nine through 12; to require completion special schools to provide certain information to resident school systems twice each year and for the resident school systems to provide such information to students in grades nine through 12 and their parents and guardians; to provide for direct registration of program students in completion special schools by parents and guardians; to require completion special schools and resident school systems to coordinate enrollment of program students; to revise provisions by which completion special schools may operate one or more programs outside the attendance zone assigned to such completion special school; to provide for transition period; to require local school systems to provide to completion special schools the contact information for students who stop attending or withdraw from the local school system, subject to conditions and exceptions; 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.

Article 31C of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Completion Special Schools Act," is amended by revising Code Section 20-2-2096.3, relating to requirements of completion special schools, student enrollment, and waivers or variances, as follows:

"20-2-2096.3.

(a) Each completion special school shall be a public school and shall:

(1) Provide education programs and services to students in grades nine through 12, including, but not limited to:

(A) Nontraditional education programs and services for students who are eligible to attend a traditional public school but are more likely to succeed in a nontraditional setting such as that provided in such completion special school;

(B) Dropout prevention and academic intervention programs;

(C) Programs for high school credit recovery; and

(D) Opportunities for students to schedule classes on weekdays, evenings, and weekends;

(2) Operate under the supervision and direction of a governing board as provided for in Code Section 20-2-2096.4;

(3) Be treated as a single local education agency for administrative purposes, including data reporting, student enrollment counting procedures, student achievement reporting, funding allocations, and related purposes as defined by the state board and consistent with department rules and regulations; and

(4) Be the subject of a school report card prepared and distributed by the Office of Student Achievement as provided in Code Section 20-14-34.

(b) Only enrollment eligible students shall be enrolled in a completion special school. (c)(1) Students in grades nine through 12 who are enrolled in a school in their resident school system shall be permitted to attend one or more classes in a completion special school's credit recovery, dropout prevention, or academic intervention program on a part-time basis as program students, subject to the following conditions: (1)(A) The completion special school has available classroom space; (2)(B) Such student shall not be included in the count provided for in Code Section 20-2-161 of the completion special school;

(3)(C) Such student remains enrolled in his or her resident school system; and (4)(D) Such student's resident school system is party to a current collaborative operating agreement with such completion special school which shall include, but shall not be limited to, provisions for the following:

(A)(i) Funding to be provided by the resident school system to the completion special school for program students who attend such school as provided in this subsection, which funding shall be no less than what is required in subsection (b) of Code Section

20-2-2096.6;

(B)(ii) The number and qualifications of student liaisons to be employed by the resident school system to provide academic support and monitoring for program students who attend such school as provided in this subsection and the relevant terms and conditions for how such liaisons will provide such support and monitoring; and (iii)(I) By June 1 and December 1 each year, the completion special school shall provide the resident school system with an updated description of programs available for program students and detailed instructions and guidance for the registration of students in grades nine through 12 to attend one or more classes at such completion special school's credit recovery, dropout prevention, or academic intervention program as a program student.

(II) Within seven calendar days of receiving the information provided for in subdivision (I) of this division, the resident school system shall post such information in a prominent location frequented by students at each high school in the resident school system and shall electronically provide such information to all students in grades nine through 12 and their parents or guardians; and (C)(iv) Such other requirements as may be established by the state board consistent with this article.

(2) The parent or guardian of a student in grades nine through 12 who is enrolled or eligible to be enrolled in a school in his or her resident school system shall be permitted to register such student directly with a completion special school to attend one or more classes at such completion special school's credit recovery, dropout prevention, or academic intervention program as a program student, subject to the provisions of paragraph (1) of this subsection; provided, however, that, if such student is not currently enrolled in a school in his or her resident school system, the completion special school and the resident school system shall work in coordination and without delay to enroll such student in the resident school system.

(d) The state board shall be authorized to approve a request by a completion special school for a waiver or variance of specifically identified state rules, regulations, policies, and procedures or provisions of this chapter. The goal for each waiver and variance shall be improvement of student performance. The state board shall not be authorized to waive or approve variances on any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; the early intervention program provided for in Code Section 20-2-153; any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title; the requirements of Code Section 20-2-210; the requirements of Code Section 20-2-211.1; or the requirements in subsection (c) of Code Section 20-2-327. A local school system that has received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request."

SECTION 2.

Said article is further amended by revising subsection (b) of Code Section 20-2-2096.7, relating to attendance zones, payments, and use of funds, as follows: "(b)(1) Except as provided in paragraph (2) of this subsection, only one completion special school may operate in each attendance zone provided for in subsection (a) of this Code section.

(2)(A) Except as provided in subparagraph (B) or (C) of this paragraph, upon being established as a completion special school, if such school is currently operating an existing completion special school may operate one or more programs outside the attendance zone assigned to such school by the state board then , and the state board shall be authorized to permit such school to continue to operate such program or programs until the earlier of June 30, 2028, or the establishment of a new completion special school that is assigned to the attendance zone where such program or programs are operating and, in such cases, the state board shall provide for a reasonable transition period for students of the existing completion special school.

(B) The state board shall be authorized to permit one or more completion special schools to operate one or more programs outside the attendance zone assigned to such school; provided, however, that such permitted program exclusively provides education programs and services for students in grades nine through 12 to individuals who are attending a United States Department of Defense Youth Challenge Academy or who are in the custody of a correctional facility, detention facility, jail, prison, or other lawful place of confinement; and provided, further, that the state board shall be authorized to designate which completion special school is authorized to provide such program or programs.

(C) The state board shall be authorized to permit an enrollment eligible student to attend a completion special school outside of his or her attendance zone, provided that such student resides in a county that is contiguous to but outside of the attendance zone of such school; and provided, further, that such school is located closer to such student's residence than the completion special school with the attendance zone where such student's residence is located."

SECTION 3.

Said article is further amended by adding a new Code section to read as follows:

"20-2-2096.9.

(a) Each local school system with all or part of its territory within the attendance zone of one or more operating completion special schools shall:

(1) Be a party to a collaborative operating agreement with at least one such operating completion special school; or

(2) Provide education programs and services to students in grades nine through 12, including, but not limited to:

(A) Dropout prevention and academic intervention programs;

(B) Programs for high school credit recovery; and

(C) Opportunities for students to schedule classes on weekdays, evenings, and weekends.

(b)(1) Each local school system with all or part of its territory within the attendance zone of one or more operating completion special schools shall provide to each such operating completion special school the full name and last known address and telephone number for each student in grades nine through 12 who:

(A) Does not attend the public school in which he or she is enrolled for a period of ten consecutive school days; or

(B) Withdraws from school pursuant to Code Section 20-2-690.1.

(2) The information required in paragraph (1) of this subsection shall be provided by each such local school system to each such operating completion special school no later than ten school days after either condition provided for in subparagraph (A) or (B) of paragraph (1) of this subsection is met.

(3) Paragraphs (1) and (2) of this subsection shall not apply to any student:

(A) Who has successfully completed all requirements for a high school diploma or a state approved high school equivalency (HSE) diploma; or

(B) Whose parent or guardian has provided such local school system within the preceding 45 school days a notice of intent to enroll such student in another local school system."

SECTION 4.

This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.

SECTION 5.

All laws and parts of laws in conflict with this Act are repealed.