SB431: SB431 Education; enrollment of foster care students within two school days of a request for enrollment by such student's parent or legal custodian; require

26 LC 49 2837S 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 to1 revise definitions of the term "education record"; to include a dditional cross-references2 relative to access to student education records by parents and legal custodians; to repeal a3 specific time limitation upon a parent or legal custodian's right to request education records;4 to replace certain terms used in such title with "school business day"; to require the timely5 enrollment of foster care students; to provide for reporting noncompliance and for corrective6 action plans; to revise provisions relative to provisional enrollment; to provide for reports;7 to allow inclusive postsecondary education (IPSE) grants to be used at qualified private8 postsecondary institutions; to provide for award amounts; to re peal a sunset provision; to9 provide for definitions; to provide for an effective date; to p rovide for related matters; to10 repeal conflicting laws; and for other purposes.11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12 SECTION 1.13 Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in14 Article 1 of Chapter 1, relating to general provisions, by repe aling Code Section 20-1-9,15 S. B. 431 - 1 - 26 LC 49 2837S relating to "local school system," "local boards of education," and "county boards of16 education" defined, and enacting a new Code Section 20-1-9 to read as follows:17 "20-1-9.18 Except as may otherwise be specifically provided, as used in this title, the term:19 (1) 'Area school system' means a local school system authorized by and created pursuant20 to Article VIII, Section V, Paragraph I of the Georgia Constitu tion that comprises the21 consolidation of two or more county school systems, independent school systems,22 portions thereof, or any combination thereof.23 (2) 'County school system' means a local school system authori zed by Article VIII,24 Section V, Paragraph I of the Georgia Constitution, that is not an area school system or25 an independent school system, and that comprises the portion of a county that is not part26 of an area school system or an independent school system.27 (3) 'Independent school system' means a local school system authorized by Article VIII,28 Section V, Paragraph I of the Georgia Constitution that existed at the time of the29 ratification thereof and that is not a county school system or an area school system.30 (4) 'Local board of education' means the board of education for a local school system.31 (5) 'Local school system' means any area school system, county school system, or32 independent school system authorized by Article VIII, Section V , Paragraph I of the33 Georgia Constitution.34 (6) 'Public school' means and includes:35 (A) Traditional public schools that are part of a local school system;36 (B) Charter schools that are established pursuant to Article 3 1 or Article 31A of37 Chapter 2 of this title, including both local charter schools and state charter schools, as38 such terms are defined in Code Sections 20-2-2062 and 20-2-2081, respectively; and39 (C) Completion special schools established pursuant to Article 31C of Chapter 2 of this40 title.41 S. B. 431 - 2 - 26 LC 49 2837S (7) 'School business day' includes, but is not limited to, school days and means any day42 except Saturday, Sunday, or a legal holiday when:43 (A) At least one school administrator is required to report to the school in person for44 duty for all or part of the day; provided, however, that this requirement shall not be met45 when such school administrator's presence is for the exclusive purpose of securing or46 maintaining school facilities; and47 (B)(i) The school is not designated as closed for students and school personnel, or a48 similar designation, on its official school calendar; or49 (ii) The school is not closed for students and school personnel pursuant to a lawful50 order by the Governor, the local board of education or other governing body, the local51 school superintendent, or another government agency or official with legal authority52 to issue such order.53 (8) 'School day' means any day when:54 (A) A school is in operation and providing for in-person or virtual instruction or other55 educational programs or services to students enrolled in such school; and56 (B)(i) The school is not designated as closed for students, on break, on holiday, not57 in session, or a similar designation on its official school calendar; or58 (ii) The school is not closed for students pursuant to a lawful order by the Governor,59 the local board of education or other governing body, the local school superintendent,60 or another government agency or official with legal authority to issue such order.61 (9) 'School district' shall have the same meaning as local school system.62 (10) 'School system' shall have the same meaning as local school system."63 SECTION 2.64 Said title is further amended in Article 15 of Chapter 2, relat ing to student data privacy,65 accessibility, and transparency, by revising paragraph (4) of Code Section 20-2-662, relating66 to definitions, as follows:67 S. B. 431 - 3 - 26 LC 49 2837S "(4) 'Education record' means an education record as defined in the federal F a m i l y68 Educational Rights and Privacy Act (FERPA) and its implementing regulations, 2069 U.S.C. Section 1232g; and 34 C.F.R. Part 99.3. An education record does not include the70 types of student data excepted in FERPA, does not include student data collected by an71 operator when it is used for internal operations purposes, does not include or student data72 that is not formatted for or expected to be accessed by school, local board of education,73 or department employees, nor does it include student data that a local board of education74 determines cannot reasonably be made available to the parent or eligible student."75 SECTION 3.76 Said title is further amended in Subpart 1 of Part 1 of Article 16 of Chapter 2, relating to77 transfer students, by adding new subsections and by revising paragraph (2) of subsection (a),78 subsection (c), and subsection (e) of Code Section 20-2-670, re lating to disclosures and79 information required for permanent enrollment in a grade higher than third, provisional80 enrollment, and transfer of education records, to read as follows:81 "(2) 'Education records' means any education record, as such term is defined in the82 federal Family Educational Rights and Privacy Act (FERPA) and i ts implementing83 regulations, 20 U.S.C. Section 1232g; and 34 C.F.R. Part 99.3, that is maintained by a84 local education agency, a public or private elementary or secon dary school, the85 Department of Juvenile Justice school system, or a party acting on behalf of such entity86 and is directly related to a student. Such term shall include, but shall not be limited to,87 records of such student's enrollment, attendance, class schedules, academic transcripts,88 grades, student discipline, student financial information, health records, special education89 records, and psychological evaluations. Such term shall includ e the student's critical90 records."91 "(c)(1) A In the event that a student cannot be permanently enrolled in a receiving school,92 such student may be provisionally enrolled in a receiving school fo r not more than ten93 S. B. 431 - 4 - 26 LC 49 2837S school days on a conditional basis; provided, however, that such provisional enrollment94 shall not commence until the next school day after such student's parent or legal custodian95 executes a document:96 (A) Disclosing the information required in paragraph (1) of subsection (b) of this Code97 section; and98 (B) Providing the name and address of each sending school such student attended99 during the previous 24 months and authorizing the immediate release of such student's100 critical records to the receiving school.101 (2) If the receiving school does not receive such student's cr itical records from each102 sending school such student attended during the previous 24 months, the receiving school103 shall be authorized to temporarily assign such student to remot e learning until such104 critical records are received or the case management consultati on provided for in105 subsection (i) of this Code section is completed.106 (3) If a student provisionally enrolled in a receiving school is found to be ineligible for107 enrollment pursuant to the provisions of Code Section 20-2-751. 2, or is subsequently108 found to be so ineligible, he or she shall be dismissed from enrollment in such receiving109 school until such time as he or she becomes so eligible.110 (c.1)(1) Notwithstanding any provision of this Code section to the contrary, no receiving111 school shall fail or refuse to immediately enroll a foster care student, as such term is112 defined in Code Section 20-2-692.2, and under no circumstances later than three school113 business days following the receipt of a completed enrollment registration form for such114 foster care student from his or her parent or legal custodian; provided, however, that115 requirements for completing such registration forms shall not be so strictly enforced as116 to unreasonably delay the timely enrollment of foster care students. Such enrollment may117 be either permanent or provisional and enrollment shall not be construed to waive the118 requirements of subsections (b) and (c) of this Code section applicable to the parent or119 legal custodian of such foster care student.120 S. B. 431 - 5 - 26 LC 49 2837S (2) If a receiving school does not enroll a foster care student within the time required by121 paragraph (1) of this subsection the receiving school not having received such foster care122 student's critical records, the receiving school principal or h is or her designee shall123 immediately provide the parent or legal custodian of such foste r care student with124 accurate contact information, including name and official email address and telephone125 number, for:126 (A) The RESA student affairs officer of the RESA in which the receiving school is127 located; and128 (B) The Department of Education's chief privacy officer.129 (3) Upon a recommendation by the Department of Education's chief privacy officer or130 the RESA student affairs officer provided for in paragraph (2) of this subsection, the131 Department of Education shall be authorized to require the receiving school to comply132 with an appropriate corrective action plan."133 "(e) Each time a transferring student's education records, incl uding, but not limited to,134 critical records, are transferred to a receiving school, such s tudent's parent or legal135 custodian shall be notified in writing, including, but not limited to, email, by the receiving136 school of the transfer of such records and shall, upon written request made within five137 school business days of the date of such notice , be entitled to receive a copy of such138 records from the receiving school. Within five school business days of the receipt of a139 copy of such records, such student's parent or legal custodian may make a written request140 for and shall be entitled to a meeting with the principal of th e sending school or of the141 receiving school or his or her designee for the purpose of corr ecting the content of such142 records as provided in Code Section 20-2-667. The parties may m utually agree for such143 meeting to occur at a date and time outside of such five-day period."144 "(g.1)(1) Each RESA student affairs officer shall prepare quart erly reports of the145 following matters that originated during the most recent quarter of the school year:146 (A) Disputes he or she received pursuant to subsection (g) of this Code section; and147 S. B. 431 - 6 - 26 LC 49 2837S (B) Contacts he or she received pursuant to subsection (c.1) of this Code section.148 (2) The quarterly reports required by paragraph (1) of this subsection shall identify each149 school involved in such dispute or contact and shall summarize the outcome of all150 resolved matters and the current status of all pending matters.151 (3) Within 30 days of the conclusion of each quarter of the sc hool year, each RESA152 student affairs officer shall submit his or her report to the Department of Education's chief153 privacy officer.154 (4) By November 1 of each year, the Department of Education's chief privacy officer155 shall provide a summary report of the information included in t he quarterly reports156 required by paragraph (1) of this subsection to the Lieutenant Governor, the Speaker of157 the House of Representatives, and the chairpersons and the memb ers of the House158 Committee on Education and the Senate Education and Youth Committee."159 SECTION 4.160 Said title is further amended in Subpart 3 of Part 1 of Article 16 of Chapter 2, relating to161 records, by revising subsections (a) and (b) of Code Section 20-2-720, relating to inspection162 of students' records by parents or legal custodians, as follows:163 "(a) As used in this Code section, the term:164 (1) 'Education record records' shall have the same meaning as provided for set forth in165 Code Section 20-2-662 20-2-670.166 (2) 'Legal custodian' means an entity or individual other than a parent with legal167 authority to act on behalf of a student. Such term shall inclu de the Department of168 Juvenile Justice and the Division of Family and Children Services of the Department of169 Human Services.170 (3) 'Local board of education' means the governing body of each local education agency171 as such terms are defined in Code Section 20-2-167.1. Such term shall include the school172 system of the Department of Juvenile Justice.173 S. B. 431 - 7 - 26 LC 49 2837S (4) 'Parent' means an individual other than a legal custodian who has legal authority to174 act on behalf of a student as a natural or adoptive parent or a legal guardian.175 (b) No local board of education shall have a policy of denying , or which effectively176 prevents, the parents or legal custodians of students who are in attendance at or who have177 been enrolled in any facility within such system the right to i nspect and review the178 education records of their child as provided in Code Section Sections 20-2-667, 20-2-670,179 and 20-2-786."180 SECTION 5.181 Said title is further amended by replacing the terms "school day", "school days", "business182 day", and "business days" with "school business day" or "school business days", respectively,183 wherever the former terms appear in:184 (1) Code Section 20-1-11, relating to advocating for divisive concepts, prohibition on185 discrimination, practice of tolerance and mutual respect encouraged, complaint resolution186 policies, inspection of records, and waivers prohibited;187 (2) Code Section 20-2-315, relating to sexual discrimination in sports, designations of188 teams, equal opportunity for all sexes, facilities, accommodations, and violations;189 (3) Code Section 20-2-324.6, relating to complaint resolution policy for materials190 "harmful to minors";191 (4) Code Section 20-2-667, relating to parental and student review of education record192 and model policies;193 (5) Subsection (f) of Code Section 20-2-670, relating to discl osures and information194 required for permanent enrollment in a grade higher than third, provisional enrollment,195 and transfer of education records;196 (6) Subsection (a.1) of Code Section 20-2-697, relating to cooperation of principals and197 teachers in public schools with visiting teachers and attendanc e officers, attendance198 reports and records kept by public schools, and letter indicating enrollment;199 S. B. 431 - 8 - 26 LC 49 2837S (7) Code Section 20-2-786, the "Parents' Bill of Rights"; and200 (8) Code Section 20-2-2064, relating to approval or denial of petition under the "Charter201 Schools Act of 1998."202 SECTION 6.203 Said title is further amended in Subpart 12 of Part 3 of Articl e 7 of Chapter 3, relating to204 inclusive postsecondary education grants, by revising Code Sect ion 20-3-494, relating to205 definitions, eligibility, and implementation, as follows:206 "20-3-494.207 (a) As used in this subpart, the term:208 (1) 'Authorized IPSE program' means an inclusive postsecondary education (IPSE)209 program for students with intellectual disabilities that has been authorized by the Georgia210 Student Finance Authority for the purposes of awarding IPSE grants to eligible students.211 (2) 'Intellectual disability' means a person:212 (A) With a cognitive impairment, characterized by significant limitations in:213 (i) Intellectual and cognitive functioning; and214 (ii) Adaptive behavior as expressed in conceptual, social, and practical adaptive215 skills; and216 (B) Who is currently, or was formerly, eligible for a free appropriate public education217 under the Individuals with Disabilities Education Act.218 (3) 'IPSE grant' means an inclusive postsecondary education (IPSE) grant for education219 awarded in accordance with this subpart.220 (4) 'Qualified postsecondary institution' means a unit of the University System of221 Georgia or a unit of the Technical College System of Georgia an eligible postsecondary222 institution, as such term is defined in Code Section 20-3-519, that offers an authorized223 IPSE program.224 (b) To be eligible for an IPSE grant, a student shall:225 S. B. 431 - 9 - 26 LC 49 2837S (1) Meet the requirements provided for in paragraph (1) of sub section (a) and226 subsection (b) of Code Section 20-3-519.1; and227 (2) Meet enrollment standards by being admitted and enrolled i n an authorized IPSE228 program at a qualified postsecondary institution.229 (c) Subject to the amount of funds appropriated by the General Assembly and other230 available funding, eligible students enrolled in an authorized IPSE program on or before231 July 1, 2028:232 (1) Shall receive an IPSE grant in an amount equal to:233 (A) For students enrolled in institutions of the University System of Georgia or units234 of the Technical College System of Georgia, the current academic year standard235 undergraduate tuition amount at each such student's respective qualified postsecondary236 institution; or237 (B) For students enrolled in eligible private postsecondary institutions, as such term is238 defined in Code Section 20-3-519, the current academic year HOPE award amount at239 each such student's respective qualified postsecondary institution; and240 (2) May receive an additional IPSE grant in an amount not to e xceed the fees charged241 for the current academic year for each student's respective IPSE program.242 (d) The Georgia Student Finance Authority, in collaboration with the University System243 of Georgia, the Technical College System of Georgia, other qual ified postsecondary244 institutions, and the Georgia Council on Developmental Disabilities, shall d efine such245 terms and conditions and establish such policies, procedures, rules, and regulations as are246 reasonable and necessary for the implementation of this subpart, which shall include, but247 shall not be limited to, requirements that each authorized IPSE program shall:248 (1) Serve students with intellectual disabilities;249 (2) Require that a participating student be enrolled in course s with non disabled250 nondisabled peers for at least 50 percent of the courses in which such par ticipating251 student is enrolled as part of an authorized IPSE program;252 S. B. 431 - 10 - 26 LC 49 2837S (3) Provide individual supports and services for the academic and social inclusion of253 students with intellectual disabilities in academic courses, extracurricular activities, and254 other aspects of the qualified postsecondary institution's regular postsecondary program;255 (4) With respect to students with intellectual disabilities participating in the authorized256 IPSE program, provide a focus on:257 (A) Academic enrichment;258 (B) Socialization;259 (C) Independent living skills, including self-advocacy skills; and260 (D) Integrated work experiences and career skills that lead to gainful employment;261 (5) Integrate person centered planning in the development of the course of study for each262 student with an intellectual disability participating in the authorized IPSE program;263 (6) Create and offer a meaningful credential for students with intellectual disabilities264 upon the completion of the authorized IPSE program; and265 (7) Participate with the Georgia Student Finance Authority, th e University System of266 Georgia, the Technical College System of Georgia, other qualifi ed postsecondary267 institutions, and the Georgia Council on Developmental Disabilities in the evaluation of268 the authorized IPSE program."269 SECTION 7.270 This Act shall become effective upon its approval by the Governor or upon its becoming law271 without such approval.272 SECTION 8.273 All laws and parts of laws in conflict with this Act are repealed.274 S. 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