HB1259: HB1259 Education; prohibit virtual instruction to out-of-system students if the local school system has a College and Career Ready Performance Index below the state average

26 LC 61 0514S The Senate Committee on Education and Youth offered the following substitute to HB 1259: A BILL TO BE ENTITLED AN ACT To amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Of ficial Code of Georgia1 Annotated, relating to financing relative to the "Quality Basic Education Act," so as to2 prohibit virtual instruction to out-of-system students if the local school system has a College3 and Career Ready Performance Index average below 65 for the previous two school years;4 to prohibit out-of-system students from being counted toward eq ualization funds received5 by a local school system; to require local school systems that enroll out-of-system students6 to compile a list of such out-of-system students; to provide for an effective date; to provide7 for related matters; to repeal conflicting laws; and for other purposes.8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 SECTION 1.10 Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Co de of Georgia Annotated,11 relating to financing relative to the "Quality Basic Education Act," is amended by revising12 Code Section 20-2-167.2 as follows:13 "20-2-167.2.14 (a) As used in this Code section, the term:15 - 1 - 26 LC 61 0514S (1) 'Out-of-system student' means a student who is enrolled in a local school system and16 receives virtual instruction from a virtual school within the such local school system, but17 who resides in another local school system.18 (2) 'Virtual instruction' means online instruction for grades kindergarten through 12.19 Such term shall not include virtual instruction received throug h the Georgia Virtual20 School established pursuant to Code Section 20-2-319.1 or the clearing-house established21 pursuant to Code Section 20-2-319.3, or through a state charter school which provides22 virtual instruction.23 (3) 'Virtual school' means a school within a local school system which provides virtual24 instruction.25 (b) A local school system that provides virtual instruction through a virtual school whose26 total student enrollment is composed of more than 5 percent out-of-system students shall:27 (1) Ensure that 90 percent of funds earned pursuant to this ar ticle for out-of-system28 students are expended for costs for virtual instruction for such out-of-system students and29 shall return any excess funds to the state treasury which are n ot expended for such30 purposes; and31 (2) Include in the virtual school and local school system's Co llege and Career Ready32 Performance Index data academic achievement results for out-of-system students; and33 (3) Not provide virtual instruction to out-of-system students in the current academic year34 if the local school system or its virtual school has failed to maintain an average of 65 or35 above on the College and Career Ready Performance Index over the previous two school36 years.37 (c) Each local school system that enrolls any out-of-system st udents shall compile a38 complete list of such out-of-system students as of October 1 and March 1 of each year. No39 local school system shall include any such out-of-system student in any count for purposes40 related to qualifying for equalization funds pursuant to Code Section 20-2-165.41 - 2 - 26 LC 61 0514S (c)(d) This Code section shall not be subject to waiver pursuant to Code Section 20-2-8242 for a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code43 Section 20-2-2065 for a charter school, or Code Section 20-2-244."44 SECTION 2.45 This Act shall become effective on July 1, 2027.46 SECTION 3.47 All laws and parts of laws in conflict with this Act are repealed.48 - 3 -