HB1293: HB1293 Education; updated eligibility requirements for the Dual Achievement Program; provide

26 LC 61 0425S/AP House Bill 1293 (AS PASSED HOUSE AND SENATE) By: Representatives Jones of the 47th, Martin of the 49th, Dickey of the 134th, Carpenter of the 4th, and Fleming of the 114th A BILL TO BE ENTITLED AN ACT To amend Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to1 vocational, technical, and adult education, so as to provide updated eligibility requirements2 for the Dual Achievement Program; to provide for continued eligibility for students already3 enrolled in the program; to provide for certain students to remain enrolled in their resident4 school or resident school system for administrative and account ability purposes only; to5 provide for the creation of a funding formula; to provide for policies, rules, and regulations;6 to repeal provisions regarding participation agreements, QBE fu nding, and accountability7 assessments for the program; to provide for continuation of the program and eliminate a8 provision providing for automatic repeal; to provide for an eff ective date; to provide for9 related matters; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 Chapter 4 of Title 20 of the Official Code of Georgia Annotated , relating to vocational,13 technical, and adult education, is amended by revising Article 6, relating to the Dual14 Achievement Program, as follows:15 H. B. 1293 - 1 - 26 LC 61 0425S/AP "ARTICLE 616 20-4-140.17 As used in this article, the term:18 (1) 'Completion special school' means a special school provide d for in Article 31C of19 Chapter 2 of this title which meets the requirements of Code Section 20-2-2096.3.20 (2) 'Completion special school attendance zone' means an attendance zone established21 by the State Board of Education for completion special schools pursuant to Code Section22 20-2-2096.7.23 (3) 'Dual Achievement Program' or 'program' means the program pro vided for in this24 article.25 (2)(4) 'Eligible student' means a student who meets the qualifications to participate in the26 program.27 (3) 'Extracurricular activities' and 'interscholastic activiti es' shall have the same28 respective meanings as set forth in Code Section 20-2-319.6.29 (4) 'QBE formula earnings' means funds earned for the Quality Basic Education Formula30 pursuant to Code Section 20-2-161 and shall include the portion of such funds that are31 calculated as the local five mill share in accordance with Code Section 20-2-164. QBE32 formula earnings shall include the salary portion of direct ins tructional costs, the33 adjustment for training and experience, the nonsalary portion of direct instructional costs,34 and earnings for psychologists and school social workers, school administration, facility35 maintenance and operation, media centers, and staff development, as determined by the36 Department of Education.37 (5) 'State board' means the State Board of the Technical College System of Georgia.38 (6) 'Resident school' means the public school in which an eligible student is or would be39 enrolled based on his or her primary residence.40 H. B. 1293 - 2 - 26 LC 61 0425S/AP (7) 'Resident school system' means the public school system in which an eligible student41 is or would be enrolled based on his or her primary residence.42 (8) 'Technical college system' means the Technical College System of Georgia.43 (9) 'Wraparound services' means structured student support services, including, but not44 limited to, academic advising, career counseling, tutoring, case management, and other45 services necessary to support students enrolled in the program.46 20-4-141.47 (a)(1) The state board shall, in coordination with the State B oard of Education,48 Department of Education, the Department of Juvenile Justice, th e Department of49 Corrections, and the Office of Planning and Budget, establish a pilot program to allow50 students who meet eligibility requirements to qualify for enrol lment in the Dual51 Achievement Program at a participating unit of the technical college system and, upon52 successful completion of the program, be awarded a high school diploma. The purpose53 of the pilot program is to assess the feasibility of implementing a state-funded program54 for allow eligible students who have withdrawn from high school to enroll in a unit of the55 technical college system to participate in an academic and tech nical education and56 training program which, upon successful completion, allows the student to earn a high57 school diploma while also earning a technical college associate 's degree, a technical58 college diploma, or technical college certificates of credit in specific career pathways.59 (2) To implement the pilot program, notwithstanding any other provision of law to the60 contrary, the state board and the State Board of Education shall be authorized to waive61 or provide variances to state rules, regulations, policies, and procedures and to provisions62 of this title that may be reasonably necessary to meet the goal s of the pilot program,63 including, but not limited to, such rules, regulations, policies, procedures, and provisions64 as relate to the calculation, allocation, and distribution of QBE formula earnings. Such65 waivers or variances shall automatically expire at the end of ten years unless an earlier66 H. B. 1293 - 3 - 26 LC 61 0425S/AP expiration is provided for. The state board and the State Boar d of Education shall be67 authorized to seek waivers or variances of federal laws, rules, regulations, policies, and68 procedures that may be reasonably necessary to meet the goals of the pilot program.69 (3) The pilot program, as determined by the state board, may include up to five units of70 the technical college system for a period of ten years. In an effort to pilot the program71 under various conditions present in the state, the state board shall seek to include in the72 pilot program units of the technical college system from various geographic areas in the73 state.74 (4) The state board shall review the results of the pilot program and shall no later than75 November 15 of each year during the program provide the Office and of Planning and76 Budget and the chairpersons of the House Committee on Education, the Senate Education77 and Youth Committee, the House Committee on Higher Education, t he Senate Higher78 Education Committee, the House Committee on Appropriations, and t h e S e n a t e79 Appropriations Committee with a comprehensive report on the pro g r a m w i t h a n y80 recommendations for its continued use and any needed changes in the program. Such81 report shall include a comprehensive list of any such waivers or variances implemented82 or requested as provided for in paragraph (2) of this subsection, a statement of necessity83 for each waiver or variance, and with respect to any such requests, whether each request84 was granted in whole or in part. Beginning in 2027, such report shall include the funding85 formula developed pursuant to Code Section 20-4-142, the factors considered to develop86 the formula, and recommendations for any needed changes to such formula.87 (b) The pilot program established by the state board pursuant to this article shall provide88 for the award of a high school diploma by the state board to st udents who successfully89 complete the program.90 (c) The state board shall determine the specific competencies concerning the skills and91 knowledge needed for completion of each component of the program; provided, however,92 that the state board shall make such determination regarding th e skills and knowledge93 H. B. 1293 - 4 - 26 LC 61 0425S/AP needed to meet the requirements for a high school diploma as provided for in this program94 in consultation with the State Board of Education and the Department of Education.95 (d) The state board shall provide for preliminary review of academic records, including,96 but not limited to official secondary school transcripts, submitted by prospective students97 to determine whether such students meet the eligibility requirements provided for in98 paragraphs (1) and (2) of subsection (e) of this Code section. If a prospective student meets99 such requirements, the student shall be so notified and allowed to complete a readiness100 assessment required by the technical college system. Students who meet the eligibility101 requirements provided for in paragraphs (1) and (2) of subsection (e) of this Code section102 and attain an acceptable score of admission on the readiness assessment shall be notified103 that they are eligible to participate in the program, subject t o meeting the eligibility104 requirements provided for in the applicable paragraphs of subse ction (f) of this Code105 section.106 (e) To Before July 1, 2028, to be eligible to participate in the program, a student shall:107 (1) Be 16 years of age or older;108 (2) Have completed at least six of the nine following state required ninth and tenth grade109 level high school courses: two English courses, two mathematics courses, two science110 courses, two social studies courses, and one health and physica l education course; and111 any state required tests associated with any such courses;112 (3) Receive an acceptable score of admission on the readiness assessment required by113 the technical college system; and114 (4) Meet the requirements provided for in the applicable paragraph of subsection (f) of115 this Code section.116 (f)(1) Before July 1, 2026, to be eligible to participate in the program, a student shall be117 withdrawn from a public secondary school of this state, shall m eet the requirements118 provided for in subsection (e) of this Code section, and shall provide the following:119 (A) If an unemancipated minor such student is 16 or 17 years of age:120 H. B. 1293 - 5 - 26 LC 61 0425S/AP (i) Verification that the student's parent or legal guardian attended a conference with121 the student's high school principal or the principal's designee as provided for in122 subsection (f) of Code Section 20-2-690.1; Be enrolled in his or her resident school123 or resident school system only for administrative purposes and for the purposes of the124 education accountability programs provided for in Article 2 of Chapter 14 of this title;125 and126 (ii) A copy of the form provided for in subsection (f) of Code Section 20-2-690.1127 signed by the student's parent or legal guardian; Provide written acknowledgment that128 the high school diploma available through the Dual Achievement Program requires129 successful completion of the program; or130 (iii) Written acknowledgment by the student's parent or guardian that withdrawal of131 the student from secondary school may result in loss of eligibi lity for132 accommodations, specialized instruction, and other services pursuant to the federal133 Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq., and134 Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq.;135 and136 (iv) Written acknowledgment that the high school diploma available through the Dual137 Achievement Program requires successful completion of the program; or138 (B) If an emancipated minor or a student who such student is 18, 19, or 20 years of139 age, be withdrawn from a public secondary school in this state and provide:140 (i) Written acknowledgment that the student has conferred with his or her secondary141 school principal or the principal's designee or a qualified des ignated official of the142 technical college system and discussed alternatives to withdrawing from high school143 without completing graduation requirements and potential consequences of not having144 a high school diploma, including lower lifetime earnings, fewer jobs for which the145 student will be qualified, and the inability to avail oneself o f higher educational146 opportunities;147 H. B. 1293 - 6 - 26 LC 61 0425S/AP (ii) Written acknowledgment by the student's parent or guardian that withdrawal of148 the student from secondary school may result in loss of eligibi lity for149 accommodations, specialized instruction, and other services pursuant to the federal150 Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq., and151 Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq.;152 and153 (iii) Written acknowledgment that the high school diploma avai lable through the154 Dual Achievement Program requires successful completion of the program.155 (2) Beginning July 1, 2026, to be eligible to participate in the program, a student shall156 be enrolled in a public secondary school of this state, shall not have reached 21 years of157 age, shall meet the requirements provided for in subsection (e) of this Code section, and158 shall provide the following:159 (A) Written acknowledgment that such student shall not be elig ible to participate in160 extracurricular activities or interscholastic activities under the sponsorship, direction,161 or control of such student's resident school or resident school system; and162 (B) Written acknowledgment that the high school diploma available through the Dual163 Achievement Program requires successful completion of the program.164 (g)(f) Notwithstanding subsection (g) of this Code section, any A n y student who is165 enrolled in the program on June 30, 2026 2028, shall remain eligible to participate in the166 program according to the terms and conditions of such student's original eligibility to167 participate in the program.168 (g) Except as otherwise provided in subsection (h) of this Cod e section, on and after169 July 1, 2028, to be eligible to participate in the program, a student shall:170 (1) Be at least 18 years of age and under 23 years of age;171 (2) Be withdrawn from a public school in this state;172 (3) Have not yet earned a high school diploma;173 (4) Meet the admission requirements for the program established by the state board;174 H. B. 1293 - 7 - 26 LC 61 0425S/AP (5) Participate in required wraparound services; and175 (6) Provide the following:176 (A) Written acknowledgment that the student has conferred with his or her secondary177 school principal or the principal's designee or a qualified des ignated official of the178 technical college system and discussed alternatives to withdrawing from high school179 without completing graduation requirements and potential consequences of not having180 a high school diploma, including lower lifetime earnings, fewer jobs for which the181 student will be qualified, and the inability to avail oneself o f higher educational182 opportunities;183 (B) Written acknowledgment by the student's parent or guardian that withdrawal of the184 student from secondary school may result in loss of eligibility for accommodations,185 specialized instruction, and other services pursuant to the fed eral Individuals with186 Disabilities Education Act, 20 U.S.C. Section 1400, et seq., an d Section 504 of the187 federal Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq.; and188 (C) Written acknowledgment that the high school diploma available through the Dual189 Achievement Program requires successful completion of the program.190 (h) Notwithstanding paragraphs (1), (2), and (6) of subsection (g) of this Code section, on191 and after July 1, 2028:192 (1) A student who is 16 or 17 years of age and resides in a co mpletion special school193 attendance zone that does not have an operating completion spec ial school shall be194 eligible to participate in the program, provided such student m eets the other eligibility195 requirements provided for in subsection (g) of this Code section.196 (2) An eligible student who participates in the program pursuant to this subsection shall197 be enrolled in his or her resident school or resident school system only for administrative198 purposes and for the purposes of the education accountability programs provided for in199 Article 2 of Chapter 14 of this title.200 H. B. 1293 - 8 - 26 LC 61 0425S/AP (i) By March 1, Not later than July 1, 2026, the State Board of Education shall adopt any201 policies, rules, or regulations that are necessary to ensure that any student who withdraws202 from his or her resident school or resident school system and s ubsequently wishes to203 participate in the program shall be permitted to re-enroll in such resident school or resident204 school system in order to participate in the program on and aft er July 1, 2026, only for205 administrative purposes and for the purposes of the education a ccountability programs206 provided for in Article 2 of Chapter 14 of this title. Such policies, rules, and regulations207 shall provide for such students to complete such re-enrollment without having to appear208 at such resident school or resident school system. Upon collaboration with the state board,209 such policies, rules, and regulations may provide for such re-e nrollment to be facilitated210 by the technical college system.211 (i)(j) The state board shall award a high school diploma to a studen t enrolled in the212 program provided for in this article who:213 (1) Completes all student counseling and assessment requirements of the program;214 (2) Completes rigorous coursework at a participating unit of t he technical college215 system; and216 (3) Completes:217 (A) A technical college associate's degree program;218 (B) A technical college diploma program; or219 (C) At least two technical college certificate of credit programs in one specific career220 pathway.221 (j)(k) A student who meets the requirements of subsection (h) (i) of this Code section shall222 be deemed to have met all graduation requirements of the State Board of Education and223 shall not be subject to any assessments otherwise required for purposes of graduation.224 (k)(l)(1) The state board, in consultation with the State Board of Education, Department225 of Education, the Department of Juvenile Justice, the Department of Corrections, and the226 H. B. 1293 - 9 - 26 LC 61 0425S/AP Office of Planning and Budget, shall establish rules and regula tions to implement the227 provisions of this article.228 (2) Not later than January 1, 2028, such rules and regulations shall include:229 (A) Eligibility and admission requirements consistent with the eligibility criteria230 provided for in subsections (g) and (h) of this Code section; and231 (B) Standards and requirements for wraparound services offered to students enrolled232 in the program.233 20-4-141.1.234 (a) By January 1, 2026, the State Board of Education, in collaboration with the state board,235 the Office of Planning and Budget, and the Office of Student Achievement, shall establish236 whatever policies, rules, and regulations are necessary to implement the requirements of237 this article, including, but not limited to, any such policies, rules, or regulations that are238 necessary to accurately account for each student who is partici pating in the program239 pursuant to paragraph (2) of subsection (f) of Code Section 20-4-141 in the counts required240 by Code Section 20-2-160.241 (b) For each eligible student enrolled in the program on or af ter July 1, 2026, the State242 Board of Education shall pay to the state board an amount not less than a proportional share243 of QBE formula earnings, QBE grants, and federal funds earned b y the resident school244 system for such eligible student. Such proportional share shall be calculated pro rata based245 on the number of one-sixth segments of the school day such elig ible student attends at a246 participating unit of the technical college system.247 (c)(1) By April 1, 2026, and by April 1 each year thereafter, the state board and the State248 Board of Education shall publish on the public website of the t echnical college system249 a comprehensive list of courses at participating units of the technical college system that250 shall be counted towards high school diploma requirements and s hall be considered a251 one-sixth segment of the school day for the purposes of this ar ticle. Once such a252 H. B. 1293 - 10 - 26 LC 61 0425S/AP comprehensive list is published on the public website of the technical college system, it253 may only be revised upon written agreement by the state board a nd the State Board of254 Education detailing the reasons for each revision. In the event such comprehensive list255 is revised pursuant to such a written agreement, the comprehensive list published on the256 public website of the technical college system shall be updated immediately along with257 a copy of such written agreement.258 (2) Each revision to the comprehensive list required by paragraph (1) of this subsection259 shall be prospective, and no revision to such comprehensive lis t shall result in any260 adverse action for any student enrolled and in good standing at the time of such revision.261 (d) Beginning July 1, 2026, each resident school system with a n eligible student who is262 participating in the program pursuant to paragraph (2) of subse ction (f) of Code Section263 20-4-141 shall enter into a participation agreement with the state board agreeing that each264 such student:265 (1) Is enrolled in the resident school system and resident sch ool for administrative266 purposes and for the purposes of education accountability assessment programs provided267 for in Article 2 of Chapter 14 of this title only; and268 (2) Shall not be eligible to participate in extracurricular ac tivities or interscholastic269 activities under the sponsorship, direction, or control of such student's resident school or270 resident school system.271 20-4-142.272 This article shall stand repealed on July 1, 2031.273 (a) The state board, in coordination with the Office of Planning and Budget, shall develop274 a funding formula for the program. Beginning with Fiscal Year 2028, and for each fiscal275 year thereafter, such formula shall be used to calculate the amount of funding needed for276 the program for each fiscal year which shall be included in the state board's budget request277 to the General Assembly.278 H. B. 1293 - 11 - 26 LC 61 0425S/AP (b) To develop the funding formula, the state board and the Office of Planning and Budget279 shall consider factors relevant to determining the amount of fu nding needed for the280 program, including, but not limited to:281 (1) The number of students enrolled in the program and the number of students expected282 to be enrolled in the program in the relevant fiscal year;283 (2) The number of credit hours attempted and completed by students participating in the284 program;285 (3) Wraparound services provided to students participating in the program;286 (4) Student outcomes and performance, including, but not limit ed to, diploma and287 credential attainment and student persistence."288 SECTION 2.289 This Act shall become effective upon its approval by the Governor or upon its becoming law290 without such approval.291 SECTION 3.292 All laws and parts of laws in conflict with this Act are repealed.293 H. B. 1293 - 12 -