SB 431: Education; enrollment of foster care students within two school days of a request for enrollment by such student's parent or legal custodian; require

Senate Bill 431

By: Senators Kirkpatrick of the 32nd, Hatchett of the 50th, Payne of the 54th, Gooch of the 51st and Parent of the 44th

AS PASSED

A BILL TO BE ENTITLED

AN ACT

To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to revise definitions of the term "education record"; to include additional cross-references relative to access to student education records by parents and legal custodians; to repeal a specific time limitation upon a parent or legal custodian's right to request education records; to replace certain terms used in such title with "school business day"; to require the timely enrollment of foster care students; to provide for reporting noncompliance and for corrective action plans; to revise provisions relative to provisional enrollment; to provide for reports; to allow inclusive postsecondary education (IPSE) grants to be used at qualified private postsecondary institutions; to provide for award amounts; to repeal a sunset provision; to provide for definitions; 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.

Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in Article 1 of Chapter 1, relating to general provisions, by repealing Code Section 20-1-9, relating to "local school system," "local boards of education," and "county boards of education" defined, and enacting a new Code Section 20-1-9 to read as follows:

"20-1-9.

Except as may otherwise be specifically provided, as used in this title, the term:

(1) 'Area school system' means a local school system authorized by and created pursuant to Article VIII, Section V, Paragraph I of the Georgia Constitution that comprises the consolidation of two or more county school systems, independent school systems, portions thereof, or any combination thereof.

(2) 'County school system' means a local school system authorized by Article VIII, Section V, Paragraph I of the Georgia Constitution, that is not an area school system or an independent school system, and that comprises the portion of a county that is not part of an area school system or an independent school system.

(3) 'Independent school system' means a local school system authorized by Article VIII, Section V, Paragraph I of the Georgia Constitution that existed at the time of the ratification thereof and that is not a county school system or an area school system.

(4) 'Local board of education' means the board of education for a local school system.

(5) 'Local school system' means any area school system, county school system, or independent school system authorized by Article VIII, Section V, Paragraph I of the Georgia Constitution.

(6) 'Public school' means and includes:

(A) Traditional public schools that are part of a local school system;

(B) Charter schools that are established pursuant to Article 31 or Article 31A of Chapter 2 of this title, including both local charter schools and state charter schools, as such terms are defined in Code Sections 20-2-2062 and 20-2-2081, respectively; and

(C) Completion special schools established pursuant to Article 31C of Chapter 2 of this title.

(7) 'School business day' includes, but is not limited to, school days and means any day except Saturday, Sunday, or a legal holiday when:

(A) At least one school administrator is required to report to the school in person for duty for all or part of the day; provided, however, that this requirement shall not be met when such school administrator's presence is for the exclusive purpose of securing or maintaining school facilities; and

(B)(i) The school is not designated as closed for students and school personnel, or a similar designation, on its official school calendar; or

(ii) The school is not closed for students and school personnel pursuant to a lawful order by the Governor, the local board of education or other governing body, the local school superintendent, or another government agency or official with legal authority to issue such order.

(8) 'School day' means any day when:

(A) A school is in operation and providing for in-person or virtual instruction or other educational programs or services to students enrolled in such school; and (B)(i) The school is not designated as closed for students, on break, on holiday, not in session, or a similar designation on its official school calendar; or

(ii) The school is not closed for students pursuant to a lawful order by the Governor, the local board of education or other governing body, the local school superintendent, or another government agency or official with legal authority to issue such order.

(9) 'School district' shall have the same meaning as local school system.

(10) 'School system' shall have the same meaning as local school system."

SECTION 2.

Said title is further amended in Article 15 of Chapter 2, relating to student data privacy, accessibility, and transparency, by revising paragraph (4) of Code Section 20-2-662, relating to definitions, as follows:

"(4) 'Education record' means an education record as defined in the federal Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, 20 U.S.C. Section 1232g; and 34 C.F.R. Part 99.3. An education record does not include the types of student data excepted in FERPA, does not include student data collected by an operator when it is used for internal operations purposes, does not include or student data that is not formatted for or expected to be accessed by school, local board of education, or department employees, nor does it include student data that a local board of education determines cannot reasonably be made available to the parent or eligible student."

SECTION 3.

Said title is further amended in Subpart 1 of Part 1 of Article 16 of Chapter 2, relating to transfer students, by adding new subsections and by revising paragraph (2) of subsection (a), subsection (c), and subsection (e) of Code Section 20-2-670, relating to disclosures and information required for permanent enrollment in a grade higher than third, provisional enrollment, and transfer of education records, to read as follows: "(2) 'Education records' means any education record, as such term is defined in the federal Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, 20 U.S.C. Section 1232g; and 34 C.F.R. Part 99.3, that is maintained by a local education agency, a public or private elementary or secondary school, the Department of Juvenile Justice school system, or a party acting on behalf of such entity and is directly related to a student. Such term shall include, but shall not be limited to, records of such student's enrollment, attendance, class schedules, academic transcripts, grades, student discipline, student financial information, health records, special education records, and psychological evaluations. Such term shall include the student's critical records."

"(c)(1) A In the event that a student cannot be permanently enrolled in a receiving school, such student may be provisionally enrolled in a receiving school for not more than ten school days on a conditional basis; provided, however, that such provisional enrollment shall not commence until the next school day after such student's parent or legal custodian executes a document:

(A) Disclosing the information required in paragraph (1) of subsection (b) of this Code section; and

(B) Providing the name and address of each sending school such student attended during the previous 24 months and authorizing the immediate release of such student's critical records to the receiving school.

(2) If the receiving school does not receive such student's critical records from each sending school such student attended during the previous 24 months, the receiving school shall be authorized to temporarily assign such student to remote learning until such critical records are received or the case management consultation provided for in subsection (i) of this Code section is completed.

(3) If a student provisionally enrolled in a receiving school is found to be ineligible for enrollment pursuant to the provisions of Code Section 20-2-751.2, or is subsequently found to be so ineligible, he or she shall be dismissed from enrollment in such receiving school until such time as he or she becomes so eligible.

(c.1)(1) Notwithstanding any provision of this Code section to the contrary, no receiving school shall fail or refuse to immediately enroll a foster care student, as such term is defined in Code Section 20-2-692.2, and under no circumstances later than three school business days following the receipt of a completed enrollment registration form for such foster care student from his or her parent or legal custodian; provided, however, that requirements for completing such registration forms shall not be so strictly enforced as to unreasonably delay the timely enrollment of foster care students. Such enrollment may be either permanent or provisional and enrollment shall not be construed to waive the requirements of subsections (b) and (c) of this Code section applicable to the parent or legal custodian of such foster care student.

(2) If a receiving school does not enroll a foster care student within the time required by paragraph (1) of this subsection the receiving school not having received such foster care student's critical records, the receiving school principal or his or her designee shall immediately provide the parent or legal custodian of such foster care student with accurate contact information, including name and official email address and telephone number, for:

(A) The RESA student affairs officer of the RESA in which the receiving school is located; and

(B) The Department of Education's chief privacy officer.

(3) Upon a recommendation by the Department of Education's chief privacy officer or the RESA student affairs officer provided for in paragraph (2) of this subsection, the Department of Education shall be authorized to require the receiving school to comply with an appropriate corrective action plan."

"(e) Each time a transferring student's education records, including, but not limited to, critical records, are transferred to a receiving school, such student's parent or legal custodian shall be notified in writing, including, but not limited to, email, by the receiving school of the transfer of such records and shall, upon written request made within five school business days of the date of such notice, be entitled to receive a copy of such records from the receiving school. Within five school business days of the receipt of a copy of such records, such student's parent or legal custodian may make a written request for and shall be entitled to a meeting with the principal of the sending school or of the receiving school or his or her designee for the purpose of correcting the content of such records as provided in Code Section 20-2-667. The parties may mutually agree for such meeting to occur at a date and time outside of such five-day period." "(g.1)(1) Each RESA student affairs officer shall prepare quarterly reports of the following matters that originated during the most recent quarter of the school year:

(A) Disputes he or she received pursuant to subsection (g) of this Code section; and

(B) Contacts he or she received pursuant to subsection (c.1) of this Code section.

(2) The quarterly reports required by paragraph (1) of this subsection shall identify each school involved in such dispute or contact and shall summarize the outcome of all resolved matters and the current status of all pending matters.

(3) Within 30 days of the conclusion of each quarter of the school year, each RESA student affairs officer shall submit his or her report to the Department of Education's chief privacy officer.

(4) By November 1 of each year, the Department of Education's chief privacy officer shall provide a summary report of the information included in the quarterly reports required by paragraph (1) of this subsection to the Lieutenant Governor, the Speaker of the House of Representatives, and the chairpersons and the members of the House Committee on Education and the Senate Education and Youth Committee."

SECTION 4.

Said title is further amended in Subpart 3 of Part 1 of Article 16 of Chapter 2, relating to records, by revising subsections (a) and (b) of Code Section 20-2-720, relating to inspection of students' records by parents or legal custodians, as follows: "(a) As used in this Code section, the term:

(1) 'Education record records' shall have the same meaning as provided for set forth in Code Section 20-2-662 20-2-670.

(2) 'Legal custodian' means an entity or individual other than a parent with legal authority to act on behalf of a student. Such term shall include the Department of Juvenile Justice and the Division of Family and Children Services of the Department of Human Services.

(3) 'Local board of education' means the governing body of each local education agency as such terms are defined in Code Section 20-2-167.1. Such term shall include the school system of the Department of Juvenile Justice.

(4) 'Parent' means an individual other than a legal custodian who has legal authority to act on behalf of a student as a natural or adoptive parent or a legal guardian.

(b) No local board of education shall have a policy of denying, or which effectively prevents, the parents or legal custodians of students who are in attendance at or who have been enrolled in any facility within such system the right to inspect and review the education records of their child as provided in Code Section Sections 20-2-667, 20-2-670, and 20-2-786."

SECTION 5.

Said title is further amended by replacing the terms "school day", "school days", "business day", and "business days" with "school business day" or "school business days", respectively, wherever the former terms appear in:

(1) Code Section 20-1-11, relating to advocating for divisive concepts, prohibition on discrimination, practice of tolerance and mutual respect encouraged, complaint resolution policies, inspection of records, and waivers prohibited;

(2) Code Section 20-2-315, relating to sexual discrimination in sports, designations of teams, equal opportunity for all sexes, facilities, accommodations, and violations;

(3) Code Section 20-2-324.6, relating to complaint resolution policy for materials "harmful to minors";

(4) Code Section 20-2-667, relating to parental and student review of education record and model policies;

(5) Subsection (f) of Code Section 20-2-670, relating to disclosures and information required for permanent enrollment in a grade higher than third, provisional enrollment, and transfer of education records;

(6) Subsection (a.1) of Code Section 20-2-697, relating to cooperation of principals and teachers in public schools with visiting teachers and attendance officers, attendance reports and records kept by public schools, and letter indicating enrollment;

(7) Code Section 20-2-786, the "Parents' Bill of Rights"; and

(8) Code Section 20-2-2064, relating to approval or denial of petition under the "Charter Schools Act of 1998."

SECTION 6.

Said title is further amended in Subpart 12 of Part 3 of Article 7 of Chapter 3, relating to inclusive postsecondary education grants, by revising Code Section 20-3-494, relating to definitions, eligibility, and implementation, as follows:

"20-3-494.

(a) As used in this subpart, the term:

(1) 'Authorized IPSE program' means an inclusive postsecondary education (IPSE) program for students with intellectual disabilities that has been authorized by the Georgia Student Finance Authority for the purposes of awarding IPSE grants to eligible students.

(2) 'Intellectual disability' means a person:

(A) With a cognitive impairment, characterized by significant limitations in:

(i) Intellectual and cognitive functioning; and

(ii) Adaptive behavior as expressed in conceptual, social, and practical adaptive skills; and

(B) Who is currently, or was formerly, eligible for a free appropriate public education under the Individuals with Disabilities Education Act.

(3) 'IPSE grant' means an inclusive postsecondary education (IPSE) grant for education awarded in accordance with this subpart.

(4) 'Qualified postsecondary institution' means a unit of the University System of Georgia or a unit of the Technical College System of Georgia an eligible postsecondary institution, as such term is defined in Code Section 20-3-519, that offers an authorized IPSE program.

(b) To be eligible for an IPSE grant, a student shall:

(1) Meet the requirements provided for in paragraph (1) of subsection (a) and subsection (b) of Code Section 20-3-519.1; and

(2) Meet enrollment standards by being admitted and enrolled in an authorized IPSE program at a qualified postsecondary institution.

(c) Subject to the amount of funds appropriated by the General Assembly and other available funding, eligible students enrolled in an authorized IPSE program on or before July 1, 2028:

(1) Shall receive an IPSE grant in an amount equal to:

(A) For students enrolled in institutions of the University System of Georgia or units of the Technical College System of Georgia, the current academic year standard undergraduate tuition amount at each such student's respective qualified postsecondary institution; or

(B) For students enrolled in eligible private postsecondary institutions, as such term is defined in Code Section 20-3-519, the current academic year HOPE award amount at each such student's respective qualified postsecondary institution; and

(2) May receive an additional IPSE grant in an amount not to exceed the fees charged for the current academic year for each student's respective IPSE program.

(d) The Georgia Student Finance Authority, in collaboration with the University System of Georgia, the Technical College System of Georgia, other qualified postsecondary institutions, and the Georgia Council on Developmental Disabilities, shall define such terms and conditions and establish such policies, procedures, rules, and regulations as are reasonable and necessary for the implementation of this subpart, which shall include, but shall not be limited to, requirements that each authorized IPSE program shall:

(1) Serve students with intellectual disabilities;

(2) Require that a participating student be enrolled in courses with non disabled nondisabled peers for at least 50 percent of the courses in which such participating student is enrolled as part of an authorized IPSE program;

(3) Provide individual supports and services for the academic and social inclusion of students with intellectual disabilities in academic courses, extracurricular activities, and other aspects of the qualified postsecondary institution's regular postsecondary program;

(4) With respect to students with intellectual disabilities participating in the authorized IPSE program, provide a focus on:

(A) Academic enrichment;

(B) Socialization;

(C) Independent living skills, including self-advocacy skills; and

(D) Integrated work experiences and career skills that lead to gainful employment;

(5) Integrate person centered planning in the development of the course of study for each student with an intellectual disability participating in the authorized IPSE program;

(6) Create and offer a meaningful credential for students with intellectual disabilities upon the completion of the authorized IPSE program; and

(7) Participate with the Georgia Student Finance Authority, the University System of Georgia, the Technical College System of Georgia, other qualified postsecondary institutions, and the Georgia Council on Developmental Disabilities in the evaluation of the authorized IPSE program."

SECTION 7.

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

SECTION 8.

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