SB 513: "Every Day Counts Act"; enact

The House Committee on Education offers the following substitute to SB 513:

A BILL TO BE ENTITLED

AN ACT

To amend Chapter 2 of Title 20 and Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to elementary and secondary education and drivers' licenses, respectively, so as to revise requirements for public school policies and procedures relative to student attendance; to provide for multi-tier supports and interventions; to revise provisions relative to attendance review teams; to provide for attendance intervention plans; to provide for consequences for chronically unexcused students, such as ineligibility for interscholastic and extracurricular activities and potential ineligibility to be issued an instruction permit or driver's license by the Department of Driver Services; to provide for an exception; to make conforming changes; to provide for definitions; to provide a short title; 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.

This Act shall be known and may be cited as the "Every Day Counts Act."

SECTION 2.

Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Part 15 of Article 6, relating to miscellaneous provisions under the "Quality Basic Education Act," by revising subsection (f) of Code Section 20-2-320, relating to state-wide comprehensive educational information system and identification of data to implement Quality Basic Education Program, as follows: "(f) Notwithstanding any other provision of law, the Department of Education is authorized to and shall obtain and provide to the Department of Driver Services, in a form to be agreed upon between the Department of Education and the Department of Driver Services, enrollment, expulsion, and suspension, and noncompliance with attendance intervention plan information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690, 20-2-690.3, and 20-2-697, to be used solely for the purposes set forth in subsection (a.1) of Code Section 40-5-22."

SECTION 3.

Said chapter is further amended in Subpart 2 of Part 1 of Article 16, relating to compulsory attendance, by revising Code Section 20-2-690.3, relating to chronically absent students and attendance review teams, as follows:

"20-2-690.3.

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

(1) 'Attendance intervention plan' or 'plan' means a plan approved by an attendance review team for a chronically unexcused student.

(1)(2) 'Attendance review team' means a team of individuals provided for in subsection

(c) of this Code section.

(2)(3) 'Chronically absent' means the attendance status of a student whose total number of absences, whether excused or unexcused, at any time during a school year is equal to or greater than 10 percent of the total number of school days that such student has been enrolled at the same school or within the same local school system during the current school year excepting such student's first day of enrollment.

(3) 'Local school system chronic absenteeism rate' means the number of students enrolled in a local school system who were chronically absent during the previous school year divided by the total number of students enrolled in such local school system during such school year.

(4) 'Chronically unexcused student' means a student whose total number of unexcused absences:

(A) Exceeds five during the first 50 days of the school year; or

(B) After the 50th school day, is equal to or greater than 10 percent of the total number of school days that have occurred during the school year to date.

(5) 'Extracurricular activities' means public school-sponsored activities in which students take part on a voluntary basis; which do not offer or provide school or course credits; which are generally conducted outside regular school hours or, if conducted in whole or in part during regular school hours, at times agreed to by the participants and approved by a school official; and which are managed and operated under the guidance of a teacher, other school employee, or other adult approved by a school official. Such term shall not include any activity designated by the local school system or public school as a cocurricular activity.

(6) 'Interscholastic activities' means extracurricular activities, public school-sponsored athletic programs, and other public school-sponsored programs that are sanctioned or supported by a state-wide interscholastic activities governing body, including but not limited to an athletic association.

(4)(7) 'School chronic absenteeism rate' means the number of students enrolled in a school who were chronically absent during the previous school year divided by the total number of students enrolled in such school during such school year. (b)(1) Each local school system shall establish policies and procedures to effectively and continuously identify and provide appropriate supports and incentives to all students, including, but not limited to, students who are chronically absent or at risk of becoming chronically absent., including, but not limited to, Such policies and procedures shall, at a minimum, provide for:

(A) A multi-tier framework to provide appropriate supports and incentives to student attendance with:

(i) Tier 1 providing for school-wide supports and strategies to promote good attendance for all students and their families;

(ii) Tier 2 providing for targeted supports for students who are at risk of becoming chronically unexcused students and their families; and

(iii) Tier 3 providing for individualized attendance intervention plans for chronically unexcused students;

(B) Attendance for attendance review teams;

(C) Attendance intervention and for intervention plans for such chronically unexcused students. and their parents or guardians Such plans shall be in writing and shall be developed by an attendance review team. The attendance review team shall seek input from the student and his or her parent or guardian before approving a plan. The student shall be required to sign a receipt acknowledging the plan, and a copy of the plan and such receipt shall be provided to the student and his or her parent or guardian;

(D) Designating chronically unexcused students as ineligible to participate in extracurricular activities and interscholastic activities until such time as the student and his or her parent or guardian have met in person or virtually with the local school system attendance review team or the school attendance review team, if the school has an attendance review team, for the purpose of developing and entering into an attendance intervention plan or modifying an existing plan;

(E) Regularly updating student attendance records with current information regarding a student's compliance or noncompliance with an attendance intervention plan; and

(F) Submitting a notice of noncompliance with an attendance intervention plan to the Department of Education for each chronically unexcused student who has failed to comply with a plan that was approved by an attendance review team and provided in writing to the student and his or her parent or guardian in accordance with subparagraph

(C) of this paragraph.

(2) Each local school system that shall:

(A) Has a local school system chronic absenteeism rate of 10 percent or higher shall establish Establish an attendance review team for the local school system; and

(B) Has Establish an attendance review team for each school one or more schools with a school chronic absenteeism rate of 15 percent or higher shall establish an attendance review team for each such school.

(c)(1) Each attendance review team established under the this Code section shall meet at least once monthly and shall be responsible for reviewing the individual cases of students who are chronically absent and developing attendance intervention plans for such students and their parents or guardians; provided, however, that a local school system attendance review team shall be authorized to work in conjunction with school attendance review teams.

(2) Attendance review teams established under this subsection may consist of school administrators, school counselors, school social workers, teachers, other school personnel, and the parents or guardians of such students who are chronically absent.

(d) By July 1, 2027, the State Board of Education shall approve model policies and guidance materials to assist local school systems and public schools with establishing policies and procedures that meet the requirements of subsection (b) of this Code section. Such guidance materials shall address common scenarios and frequently asked questions for attendance review teams.

(e) This Code section shall not apply to students enrolled in a completion special school established pursuant to Article 31C of this chapter."

SECTION 4.

Said chapter is further amended in said subpart by revising subsection (a) 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, as follows:

"(a) Visiting teachers and attendance officers shall receive the cooperation and assistance of all teachers and principals of public schools in the local school systems within which they are appointed to serve. It shall be the duty of the principals or local school site administrators and of the teachers of all public schools to report, in writing, to the visiting teacher or attendance officer of the local school system the names, ages, and residences of all students in attendance at their schools and classes within 30 days after the beginning of the school term or terms and to make such other reports of attendance in their schools or classes as may be required by rule or regulation of the State Board of Education. All public schools shall keep daily records of attendance, verified by the teachers certifying such records. Such reports shall be open to inspection by the visiting teacher, attendance officer, or duly authorized representative at any time during the school day. Any such attendance records and reports which identify students by name shall be used only for the purpose of providing necessary attendance information required by the state board or by law, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of enrollment and compliance with attendance intervention plans by the Department of Driver Services for the purposes set forth in subsection (a.1) of Code Section 40-5-22. Such attendance records shall also be maintained in a format which does not identify students by name, and in this format shall be a part of the data collected for the student record component of the state-wide comprehensive educational information system pursuant to subsection (b) of Code Section

20-2-320."

SECTION 5.

Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended in Article 2, relating to issuance, expiration, and renewal of licenses, by revising subsection (a.1) of Code Section 40-5-22, relating to issuance of instruction permit or driver's license to person under 18 years of age and persons not to be licensed, as follows: "(a.1)(1) The department shall not issue an instruction permit or driver's license to a person who is younger than 18 years of age unless at the time such minor submits an application for an instruction permit or driver's license the applicant presents acceptable proof that he or she has received a high school diploma, a state approved high school equivalency (HSE) diploma, a special diploma, or a certificate of high school completion or has terminated his or her secondary education and is enrolled in a postsecondary school, is pursuing a state approved high school equivalency (HSE) diploma, or the records of the department indicate that said applicant:

(A) Is enrolled in and not under expulsion from a public or private school; or

(B) Is not the subject of an attendance intervention plan provided for in Code Section

20-2-690.3, or, if he or she is the subject of such a plan, he or she is currently compliant with such plan; or

(C) Is enrolled in a home education program that satisfies the reporting requirements of all state laws governing such program.

The department shall notify such minor of his or her ineligibility for an instruction permit or driver's license at the time of such application.

(2) The State Board of Education and the commissioner of driver services are authorized to promulgate rules and regulations to implement the provisions of this subsection. Such rules and regulations promulgated by the commissioner of driver services shall require the department to accept a notarized school enrollment certification form as proof that an applicant meets the requirements set forth in subparagraphs (A) and (B) of paragraph

(1) of this subsection. Such school enrollment certification form shall be made available by the department on its website by July 1, 2027.

(3) The Technical College System of Georgia shall be responsible for compliance and noncompliance data for students pursuing a state approved high school equivalency

(HSE) diploma."

SECTION 6.

This Act shall become effective on July 1, 2027.

SECTION 7.

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