SB493: SB493 "Promise Scholarship Student Success and Transparency Act"; enact

26 LC 61 0385 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 to1 promise scholarship accounts, so as to establish accountability measures for private schools2 participating in the promise scholarship program; to require the education savings authority3 to establish an academic performance standard for participating schools; to require the4 education savings authority to conduct annual eligibility review of participating schools; to5 require the education savings authority to take certain measures if a participating school is6 no longer eligible to enroll participating students or fails to meet the academic performance7 standard; to provide for related matters; to provide a short title; to provide for effective dates;8 to repeal conflicting laws; and for other purposes.9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10 SECTION 1.11 This Act shall be known and may be cited as the "Promise Scholarship Student Success and12 Transparency Act."13 S. B. 493 - 1 - 26 LC 61 0385 SECTION 2.14 Chapter 2B of Title 20 of the Official Code of Georgia Annotate d, relating to promise15 scholarship accounts, is amended by revising Code Section 20-2B-26, relating to education16 savings authority, powers and duties, rules and regulations, an d limitation of liability, as17 follows:18 "20-2B-26.19 (a) The education savings authority shall adopt rules and regulations as necessary for the20 administration of the program and shall include rules and regul ations prioritizing the21 selection of economically disadvantaged students over non-econo mically disadvantaged22 students and prioritizing participating students and students w ho previously were23 participating students over new applicants if either the number of participating students or24 the number of applications for accounts exceeds the funds available for the program. The25 education savings authority shall adopt rules and regulations r egarding eligibility and26 participation of participating schools and service providers, including, but not limited to,27 timelines that will maximize student and private school participation, the calculation and28 distribution of accounts to participating students, and the app lication and approval29 procedures for participating students, participating schools, a nd service providers. The30 education savings authority shall develop and utilize a compliance form for completion by31 participating schools and service providers. The education sav ings authority shall be32 authorized to require any pertinent information as it deems nec essary from participating33 schools and service providers for the purpose of implementing the program. Participating34 schools and service providers shall be required to complete suc h forms and certify their35 accuracy.36 (b) No liability shall arise on the part of the education savings authority or the state or of37 any local board of education based on the award or use of an account awarded pursuant to38 this article.39 (c) The education savings authority shall have the authority to:40 S. B. 493 - 2 - 26 LC 61 0385 (1) Examine and audit accounts and records of participating student accounts, or contract41 for such examining and auditing of accounts, and shall, at a minimum, conduct random42 audits on an annual basis;43 (2) Take or require that such corrective, remedial, or preventive actions be taken as may44 be necessary or appropriate to protect the interests of the education savings authority, the45 state, the United States, schools, students, and the public at large; and46 (3) Make any parent or participating student ineligible for th e program in the event of47 misuse of account funds;48 (4)(A) Not later than December 31, 2026, and in coordination w ith the Office of49 Student Achievement, establish an academic performance standard for participating50 schools to ensure that not less than half of the participating students enrolled in a51 participating school are performing at or above grade level or are demonstrating growth52 in student achievement. Such academic performance standard and the reviews53 conducted pursuant to subparagraph (B) of this paragraph shall take into consideration:54 (i) Student performance on the assessments or tests provided f or in Code Section55 20-2B-27;56 (ii) Student performance on assessments administered pursuant to Code Section57 20-2-281 in the year prior to such student enrolling in a participating school; and58 (iii) The length of time a student has been enrolled in the participating school;59 (B) Not later than December 31, 2026, and by December 31 each year thereafter,60 conduct reviews to ensure that each participating school meets the performance61 standard established pursuant to this paragraph. In the event that the education savings62 authority determines during such review that a participating school does not meet the63 performance standard, the education savings authority shall:64 (i) After the first such finding, require such participating school to implement a plan65 to improve student performance;66 S. B. 493 - 3 - 26 LC 61 0385 (ii) After the second such finding, require such participating school to implement a67 plan to remedy the failure to meet the performance standard, re quire such68 participating school to submit regular reports of participating student performance,69 and implement a probationary period;70 (iii) After the third such finding, limit the number of participating students allowed71 to enroll in such participating school for the first time to no t more than half of the72 number of participating students that enrolled for the first time in such participating73 school in the previous school year; and74 (iv) After the fourth such finding, prohibit the participating school from enrolling75 new participating students for a period of three years, after w hich the participating76 school may reapply to participate in the program; and77 (5) Not later than December 31, 2026, and by December 31 each year thereafter, conduct78 annual reviews to ensure that each participating school remains eligible to enroll79 participating students.80 (d) The education savings authority shall have the authority to refer cases of substantial81 misuse of account funds to the Attorney General for investigation if evidence of fraudulent82 use is obtained.83 (e) The education savings authority may deduct an amount from accounts to cover the84 costs of overseeing and administering the program, up to a maximum of 5 percent annually.85 (f) The education savings authority may contract with a qualif ied organization to86 administer the program or specific functions of the program.87 (g) The education savings authority shall provide parents of participating students with an88 explanation of the allowable uses of account funds, the responsibilities of parents, and the89 duties of the education savings authority."90 SECTION 3.91 All laws and parts of laws in conflict with this Act are repealed.92 S. 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