Senate Bill 493
By: Senators Kemp of the 38th, Jones II of the 22nd, Parent of the 44th, Sims of the 12th,
Howard of the 35th and others
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2B of Title 20 of the Official Code of Georgia Annotated, relating to
promise scholarship accounts, so as to establish accountability measures for private schools
participating in the promise scholarship program; to require the education savings authority
to establish an academic performance standard for participating schools; to require the
education savings authority to conduct annual eligibility review of participating schools; to
require the education savings authority to take certain measures if a participating school is
no longer eligible to enroll participating students or fails to meet the academic performance
standard; to provide for related matters; to provide a short title; to provide for effective dates;
to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
This Act shall be known and may be cited as the "Promise Scholarship Student Success and
Transparency Act."
SECTION 2.
Chapter 2B of Title 20 of the Official Code of Georgia Annotated, relating to promise
scholarship accounts, is amended by revising Code Section 20-2B-26, relating to education
savings authority, powers and duties, rules and regulations, and limitation of liability, as
follows:
"20-2B-26.
(a) The education savings authority shall adopt rules and regulations as necessary for the
administration of the program and shall include rules and regulations prioritizing the
selection of economically disadvantaged students over non-economically disadvantaged
students and prioritizing participating students and students who previously were
participating students over new applicants if either the number of participating students or
the number of applications for accounts exceeds the funds available for the program. The
education savings authority shall adopt rules and regulations regarding eligibility and
participation of participating schools and service providers, including, but not limited to,
timelines that will maximize student and private school participation, the calculation and
distribution of accounts to participating students, and the application and approval
procedures for participating students, participating schools, and service providers. The
education savings authority shall develop and utilize a compliance form for completion by
participating schools and service providers. The education savings authority shall be
authorized to require any pertinent information as it deems necessary from participating
schools and service providers for the purpose of implementing the program. Participating
schools and service providers shall be required to complete such forms and certify their
accuracy.
(b) No liability shall arise on the part of the education savings authority or the state or of
any local board of education based on the award or use of an account awarded pursuant to
this article.
(c) The education savings authority shall <del>have the authority to:
</del>
(1) Examine and audit accounts and records of participating student accounts, or contract
for such examining and auditing of accounts, <del>and shall, at a minimum, conduct random
audits</del> on an annual basis;
(2) Take or require that such corrective, remedial, or preventive actions be taken as may
be necessary or appropriate to protect the interests of the education savings authority, the
state, the United States, schools, students, and the public at large; <del>and
</del> (3) Make any parent or participating student ineligible for the program in the event of
misuse of account funds;
<ins>(4)(A) Not later than December 31, 2026, and in coordination with the Office of
Student Achievement, establish an academic performance standard for participating
schools to ensure that not less than half of the participating students enrolled in a
participating school are performing at or above grade level or are demonstrating growth
in student achievement. Such academic performance standard and the reviews
conducted pursuant to subparagraph (B) of this paragraph shall take into consideration:
(i) Student performance on the assessments or tests provided for in Code Section
20-2B-27;
(ii) Student performance on assessments administered pursuant to Code Section
20-2-281 in the year prior to such student enrolling in a participating school; and
(iii) The length of time a student has been enrolled in the participating school;
(B) Not later than December 31, 2026, and by December 31 each year thereafter,
conduct reviews to ensure that each participating school meets the performance
standard established pursuant to this paragraph. In the event that the education savings
authority determines during such review that a participating school does not meet the
performance standard, the education savings authority shall:
(i) After the first such finding, require such participating school to implement a plan
to improve student performance;
</ins>
<ins>(ii) After the second such finding, require such participating school to implement a
plan to remedy the failure to meet the performance standard, require such
participating school to submit regular reports of participating student performance,
and implement a probationary period;
(iii) After the third such finding, limit the number of participating students allowed
to enroll in such participating school for the first time to not more than half of the
number of participating students that enrolled for the first time in such participating
school in the previous school year; and
(iv) After the fourth such finding, prohibit the participating school from enrolling
new participating students for a period of three years, after which the participating
school may reapply to participate in the program; and
(5) Not later than December 31, 2026, and by December 31 each year thereafter, conduct
annual reviews to ensure that each participating school remains eligible to enroll
participating students.
</ins> (d) The education savings authority shall have the authority to refer cases of substantial
misuse of account funds to the Attorney General for investigation if evidence of fraudulent
use is obtained.
(e) The education savings authority may deduct an amount from accounts to cover the
costs of overseeing and administering the program, up to a maximum of 5 percent annually.
(f) The education savings authority may contract with a qualified organization to
administer the program or specific functions of the program.
(g) The education savings authority shall provide parents of participating students with an
explanation of the allowable uses of account funds, the responsibilities of parents, and the
duties of the education savings authority."
SECTION 3.
All laws and parts of laws in conflict with this Act are repealed.