House Bill 917
By: Representatives Jones of the 25th and Hilton of the 48th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to
elementary and secondary education, so as to provide generally for open enrollment
processes for students to transfer between local school systems and between schools within
local school systems; to provide for rules, regulations, and policies; to prohibit
discrimination; to prohibit charging tuition for transfers between local school systems,
subject to an exception; to provide for appeals of denials of transfer requests; to provide for
the submission and publication of reports; to revise the calculations for equalization grants;
to provide for related matters; to provide for an effective date; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and
secondary education, is amended in Part 4 of Article 6, relating to financing under the
"Quality Basic Education Act," by revising subsection (b) of Code Section 20-2-165, relating
to equalization grants, annual calculations, and allocation, as follows:
"(b)(1) <ins>Except as provided in paragraph (2) of this subsection, the</ins> <del>The</del> State Board of
Education shall annually calculate the equalization grant for each qualified local school
system in the following manner:
<ins>(1)(A)</ins> Subtract the assessed valuation per weighted full-time equivalent count for the
local school system from the guaranteed valuation;
<ins>(2)(B)</ins> Divide the difference resulting from <del>paragraph (1)</del> <ins>subparagraph (A)</ins> of this
<del>subsection</del> <ins>paragraph</ins> by 1,000;
<ins>(3)(C)</ins> Subtract five from the effective millage rate for the local school system and use
the resulting number of effective mills or 15 effective mills, whichever is less, as the
number of effective mills to be equalized;
<ins>(4)(D)</ins> Multiply the quotient resulting from <del>paragraph (2)</del> <ins>subparagraph (B)</ins> of this
<del>subsection</del> <ins>paragraph</ins> by the number of effective mills to be equalized pursuant to
<del>paragraph (3)</del> <ins>subparagraph (C)</ins> of this <del>subsection</del> <ins>paragraph;</ins> and
<ins>(5)(D)</ins> Multiply the product resulting from <del>paragraph (4)</del> <ins>subparagraph (D)</ins> of this
<del>subsection</del> <ins>paragraph</ins> by the most recent weighted full-time equivalent count for the
local school system.
The resulting amount shall be the equalization grant for the ensuing fiscal year.; <del>provided,
however, that for each local school system
</del> <ins>(2)(A) Except as provided in paragraph (1) of this subsection, the State Board of
Education shall annually calculate the equalization grant for each qualified local school
system</ins> which serves <del>under contract all of the</del> students in one or more grade levels from
<del>an adjoining</del> <ins>another local school</ins> system. <ins>The</ins> <del>and for each local school system which
sends under contract all of the students in one or more grade levels to an adjoining
system, the</del> equalization grant shall be calculated to represent the amount that would be
earned if the students transferred <del>under said contract</del> were included in the full-time
equivalent counts of the local school system in which they reside.; <del>provided, further,
that any
</del>
<ins>(B) Any</ins> equalization grant to be earned by a local school system sending students to
another system <del>under the provisions of such a contract</del> shall be reduced by an amount
which represents the equalization funds earned per weighted full-time equivalent
student multiplied by the total weighted full-time equivalent count for students
transferred, and any equalization grant to be earned by the local school system
receiving students <del>under said contract</del> shall be increased by the same amount; <ins>provided,
however, that the total amount of state and local revenue per full-time equivalent
student of such local school system shall not be decreased to less than $10,000.00 by
operation of this subparagraph."
</ins> SECTION 2.
Said chapter is further amended in Part 13 of Article 6, relating to organization of schools
and systems under the "Quality Basic Education Act," by revising Code Section 20-2-293,
relating to student attending school in system other than system of student's residence, as
follows:
"20-2-293.
<del>(a)(1)</del> The provisions of this article and other statutes to the contrary notwithstanding, the
State Board of Education shall provide <del>a</del> <ins>an open enrollment</ins> procedure whereby a student
shall be permitted to attend and to be included as an enrolled student in the public schools
of a local <del>unit of administration</del> <ins>school system</ins> other than the local <del>unit of administration
</del> <ins>school system</ins> wherein the student resides for the purpose of allotting state funds under this
article, notwithstanding absence of an agreement between the two local <del>units and a refusal
by the board of education of the local unit wherein the student resides to approve
voluntarily such transfer of the student to the public schools of the other local unit;
provided, however, that the board of education of the local unit is willing to receive and to
permit such student to enroll in and to attend the public schools of such local unit</del> <ins>school
systems.</ins> The <del>state board</del> <ins>State Board of Education</ins> shall adopt such rules, regulations, and
policies as may be necessary for implementation of this Code section, <ins>which shall include,
but shall not be limited to, rules, regulations, and policies for the appeals process provided
for in subsection (d) of this Code section.</ins> <del>Grant or refusal of permission for students to
attend such schools, for the purpose of permitting state funds to follow such students, shall
be subject only to approval of the enrolling student and the local unit of administration in
which the student seeks to enroll. Local units of administration may contract with each
other for the care, education, and transportation of students and for such other activities as
they may be authorized by law to perform.
(2) Beginning July 1, 2026, and continuing thereafter, if a local unit of administration
enrolls a student pursuant to paragraph (1) of this subsection and requires the student to
pay tuition, the amount of tuition such local unit of administration may charge to such
student shall not exceed total revenues less federal revenues less state revenues per
full-time equivalent student for the local unit of administration that enrolls such student.
</del> (b) <ins>Each local school system shall implement an open enrollment process as provided for
in this Code section. The board of education of each local school system shall adopt
policies to govern the process for open enrollment. Such policies shall:
(1) Prohibit discrimination against any transferring student on the basis of his or her
residential address, ability, disability, race, ethnicity, sex, or socioeconomic status;
(2) Include basic information that is needed to request enrollment and that is consistent
with guidance and state and federal law regarding student privacy and civil rights;
(3) Include information regarding the provision of transportation or resources for
transportation;
(4) Be posted to the local school system's public website; and
(5) Be available in English and in any other language used by a majority of the student
populations served by each school of the local school system.
(c) Each local school system shall receive and enroll transferring students who apply
through the open enrollment process provided for in this Code section unless there is
</ins>
<ins>insufficient space available in the school to which such transferring student is applying.
Each local school system shall determine for each of its schools the enrollment capacity of
each grade level and post the number of vacancies for each grade on its public website by
the first day of each month. Each local school system shall measure only the capacity by
grade level and shall not measure capacity by specialized program. Schools shall accept
student transfers throughout the school year as capacity allows.
(d) Within 45 calendar days of the initial application to enroll in a school pursuant to the
open enrollment process provided for in this Code section, the local school system to which
the student is applying shall notify the parent or guardian of such student whether the open
enrollment transfer application is approved or denied. For each open enrollment transfer
application that is denied by a local school system:
(1) The local school system shall notify the parent or guardian of the student of the
denial in writing within five calendar days of the decision;
(2) The parent or guardian of the student shall be entitled to appeal the denial to the State
Board of Education within ten calendar days of receiving the written notification of the
denial by submitting to the State Board of Education and the local school superintendent
of the local school system that denied the open enrollment transfer application a written
notice of appeal on a form prescribed by the State Board of Education;
(3) The appeal provided for in paragraph (2) of this subsection shall be considered by the
State Board of Education at its next regularly scheduled meeting, where the appealing
parent or guardian and a representative from the local school system that denied the open
enrollment transfer application shall be permitted to address the State Board of
Education.
(e) If the number of students applying for enrollment in a school pursuant to the open
enrollment process provided for in this Code section exceeds the number of spaces that are
available, the local school system shall determine which such applicants to enroll on the
</ins>
<ins>basis of a lottery system; provided, however, that schools of choice within a local school
system that have lottery enrollment policies shall not be subject to this subsection.
(f) Each local school system shall report annually to the State School Superintendent the
number of students who reside in the local school system who transferred to another local
school system pursuant to the open enrollment process provided for in this Code section
and the number of open enrollment applications that such local school system received,
approved, and denied, along with the reason for each denial. The State School
Superintendent shall publish such data annually on the Department of Education's public
website.
(g)(1) Except as provided in paragraph (2) of this subsection, no local school system
shall charge tuition for any transferring student enrolled in a school of such local school
system pursuant to the open enrollment process provided for in this Code section.
(2) Each local school system that enrolls a student pursuant to the open enrollment
process provided for in this Code section and exclusively provides virtual instruction to
such student shall be permitted to charge tuition for such student; provided, however, that
the amount of such tuition shall not exceed an amount equal to two-thirds of total
revenues less federal revenues less state revenues per full-time equivalent student for
such local school system.
(h)</ins> Notwithstanding the provisions of subsection (a) of this Code section or any other
general law, and except as provided by the General Assembly by local law, a student shall
be allowed to attend and be enrolled in the school in which a parent or guardian of such
student is a full-time teacher, paraprofessional, or other employee, notwithstanding the fact
that such school is not located in the local unit of administration in which such student
resides. Each local unit of administration shall be authorized to allow a student to attend
and be enrolled in the school in which a parent or guardian of such student is a part-time
teacher, paraprofessional, or other employee who works for at least 20 hours per school
week on average measured monthly, notwithstanding the fact that such school is not
located in the local unit of administration in which such student resides. Each local unit
of administration of this state shall provide procedures to implement the provisions of this
subsection."
SECTION 3.
Said chapter is further amended in Article 34, relating to intradistrict transfers, by revising
Code Section 20-2-2131, relating to enrollment of students in school to which not originally
assigned, procedure, annual notification, and exception, as follows:
"20-2-2131.
(a)(1) Beginning in school year 2009-2010, the parent of a student enrolled in a public
elementary or secondary school in this state may elect to enroll such student in a public
school that is located within the school system in which the student resides other than the
one to which the student has been assigned by the local board of education if such school
has classroom space available after its assigned students have been enrolled. The parent
shall assume the responsibility and cost of transportation of the student to and from the
school. <ins>If the number of students seeking to enroll in a school pursuant to the open
enrollment process provided for in this Code section exceeds the number of spaces that
are available, the local school system shall determine which such students to enroll on the
basis of a lottery system.
</ins> (2) No later than July 1, 2009, each local school system shall establish a universal,
streamlined <ins>open enrollment</ins> process available to all students to implement the transfer
requirements of paragraph (1) of this subsection.
(3) A student who transfers to another school pursuant to <ins>the open enrollment process
provided for in</ins> this <del>subsection</del> <ins>Code section</ins> may, at his or her election, continue to attend
such school until the student completes all grades of the school.
(4) This <del>subsection</del> <ins>Code section</ins> shall not be construed to affect any student currently
attending a school other than the school to which the student has been assigned by the
local board of education pursuant to <del>a</del> <ins>an authorized</ins> transfer <del>authorized under the federal
No Child Left Behind Act (P.L. 107-110).
</del> <ins>(5) No student shall be denied an opportunity to transfer schools pursuant to the open
enrollment process provided for in this Code section on the basis of his or her residential
address, ability, disability, race, ethnicity, sex, or socioeconomic status.
</ins> (b) The department shall establish a model universal, streamlined process to implement
<del>the transfer provisions of</del> this Code section. Each local board of education shall adopt a
universal, streamlined <del>transfer</del> <ins>open enrollment</ins> process that includes, at a minimum, such
state model. Such local process shall include <del>a deadline for submitting transfer requests
</del> <ins>an annual determination of the enrollment capacity of each of its schools for each grade
level and the number of vacancies for each grade, which shall be posted on the local school
system's public website by the first day of each month. A local school system shall
measure only the capacity by grade level and shall not measure capacity by specialized
program. Schools shall accept student transfers throughout the school year as capacity
allows.
</ins> (c) Each local school system shall annually notify prior to each school year the parents of
each student by letter, <ins>by</ins> electronic means, or by such other reasonable means in a timely
manner of the options available to parents under this article, including all relevant dates and
deadlines. As a part of such annual notification process, each local school system shall
post in a prominent location on its <ins>public</ins> website the information required pursuant to this
Code section.
(d) <ins>Within 45 calendar days of the initial application to enroll in a school pursuant to the
open enrollment process provided for in this Code section, the local school system to which
the student is applying shall notify the parent of such student whether the transfer request
is approved or denied. For each open enrollment transfer request that is denied by a local
school system:
</ins>
<ins>(1) The local school system shall notify the parent of the student of the denial in writing
within five calendar days of the decision;
(2) The parent of the student shall be entitled to appeal the denial to the State Board of
Education within ten calendar days of receiving the written notification of the denial by
submitting to the State Board of Education and the local school superintendent of the
local school system that denied the open enrollment transfer request a written notice of
appeal on a form prescribed by the State Board of Education;
(3) The appeal provided for in paragraph (2) of this subsection shall be considered by the
State Board of Education at its next regularly scheduled meeting, where the appealing
parent and a representative from the local school system that denied the open enrollment
transfer request shall be permitted to address the State Board of Education.
</ins> <del>The local school system shall notify parents by July 1 of each year which schools have
available space and to which of these schools parents may choose to request a transfer for
their children.
</del> (e) This Code section shall not apply to charter schools; provided, however, that each local
board of education shall adopt a universal, streamlined transfer process that allows for
transfers pursuant to paragraph (2) of subsection (d) of Code Section 20-2-2066.
(f) This Code section shall not apply to newly opened schools with available classroom
space for a period of four years after the school opens.
<ins>(g) Each local school system shall report annually to the State School Superintendent the
number of students who reside in the local school system who transferred to another school
within such local school system pursuant to the open enrollment process provided for in
this Code section and the number of transfer requests that such local school system
received, approved, and denied, along with the reason for each denial. The State School
Superintendent shall publish such data annually on the Department of Education's public
website."
</ins>
SECTION 4.
This Act shall become effective on July 1, 2025.
SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.