SB513: SB513 "Every Day Counts Act"; enact

26 LC 49 2857S 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 Georgia1 Annotated, relating to elementary and secondary education and drivers' licenses, respectively,2 so as to revise requirements fo r public school policies and pro cedures relative to student3 attendance; to provide for multi-tier supports and interventions; to revise provisions relative4 to attendance review teams; to provide for attendance intervent ion plans; to provide for5 consequences for chronically unexcused students, such as ineligibility for interscholastic and6 extracurricular activitie s and potential ineligibility to be is sued an instruction permit or7 driver's license by the Department of Driver Services; to provide for an exception; to make8 conforming changes; to provide for definitions; to provide a short title; to provide for related9 matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 SECTION 1.12 This Act shall be known and may be cited as the "Every Day Counts Act."13 S. B. 513 (SUB) - 1 - 26 LC 49 2857S SECTION 2.14 Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and15 secondary education, is amended in Part 15 of Article 6, relating to miscellaneous provisions16 under the "Quality Basic Education Act," by revising subsection (f) of Code Section17 20-2-320, relating to state-wide comprehensive educational info rmation system and18 identification of data to implement Quality Basic Education Program, as follows:19 "(f) Notwithstanding any other provision of law, the Department of Education is authorized20 to and shall obtain and provide to the Department of Driver Services, in a form to be agreed21 upon between the Department of Education and the Department of Driver Services,22 enrollment, expulsion, and suspension, and noncompliance with attendance intervention23 plan information regarding minors 15 through 17 years of age reported pursuant to Code24 Sections 20-2-690, 20-2-690.3, and 20-2-697, to be used solely for the purposes set forth25 in subsection (a.1) of Code Section 40-5-22."26 SECTION 3.27 Said chapter is further amended in Subpart 2 of Part 1 of Article 16, relating to compulsory28 attendance, by revising Code Section 20-2-690.3, relating to chronically absent students and29 attendance review teams, as follows:30 "20-2-690.3.31 (a) As used in this subpart, the term:32 (1) 'Attendance intervention plan' or 'plan' means a plan appr oved by an attendance33 review team for a chronically unexcused student.34 (1)(2) 'Attendance review team' means a team of individuals provided for in subsection35 (c) of this Code section.36 (2)(3) 'Chronically absent' means the attendance status of a student whose total number37 of absences, whether excused or unexcused, at any time during a school year is equal to38 or greater than 10 percent of the total number of school days that such student has been39 S. B. 513 (SUB) - 2 - 26 LC 49 2857S enrolled at the same school or within the same local school sys tem during the current40 school year excepting such student's first day of enrollment.41 (3) 'Local school system chronic absenteeism rate' means the number of students enrolled42 in a local school system who were chronically absent during the previous school year43 divided by the total number of students enrolled in such local school system during such44 school year.45 (4) 'Chronically unexcused student' means a student whose total number of unexcused46 absences:47 (A) Exceeds five during the first 50 days of the school year; or48 (B) After the 50th school day, is equal to or greater than 10 percent of the total number49 of school days that have occurred during the school year to date.50 (5) 'Extracurricular activities' means public school-sponsored activities in which students51 take part on a voluntary basis; which do not offer or provide s chool or course credits;52 which are generally conducted outside regular school hours or, if conducted in whole or53 in part during regular school hours, at times agreed to by the participants and approved54 by a school official; and which are managed and operated under the guidance of a55 teacher, other school employee, or other adult approved by a school official. Such term56 shall not include any activity designated by the local school system or public school as57 a cocurricular activity.58 (6) 'Interscholastic activities' means extracurricular activities, public school-sponsored59 athletic programs, and other public school-sponsored programs t hat are sanctioned or60 supported by a state-wide interscholastic activities governing body, including but not61 limited to an athletic association.62 (4)(7) 'School chronic absenteeism rate' means the number of student s enrolled in a63 school who were chronically absent during the previous school year divided by the total64 number of students enrolled in such school during such school year.65 S. B. 513 (SUB) - 3 - 26 LC 49 2857S (b)(1) Each local school system shall establish policies and procedures to effectively and66 continuously identify and provide appropriate supports and ince ntives to all students,67 including, but not limited to, students who are chronically absent or at risk of becoming68 chronically absent., including, but not limited to, Such policies and procedures shall, at69 a minimum, provide for:70 (A) A multi-tier framework to provide appropriate supports and incentives to student71 attendance with:72 ( i ) T i e r 1 p r o v i d i n g f o r s chool-wide supports and strategies to promote good73 attendance for all students and their families;74 (ii) Tier 2 providing for targeted supports for students who are at risk of becoming75 chronically unexcused students and their families; and76 (iii) Tier 3 providing for individualized attendance intervention plans for chronically77 unexcused students;78 (B) Attendance for attendance review teams;79 (C) Attendance intervention and for intervention plans for such chronically unexcused80 students. and their parents or guardians Such plans shall be in writing and shall be81 developed by an attendance review team. The attendance review team shall seek input82 from the student and his or her parent or guardian before approving a plan. The student83 shall be required to sign a receipt acknowledging the plan, and a copy of the plan and84 such receipt shall be provided to the student and his or her parent or guardian;85 (D) Designating chronically unexcused students as ineligible t o participate in86 extracurricular activities and interscholastic activities until such time as the student and87 his or her parent or guardian have met in person or virtually w ith the local school88 system attendance review team or the school attendance review team, if the school has89 an attendance review team, for the purpose of developing and en tering into an90 attendance intervention plan or modifying an existing plan;91 S. B. 513 (SUB) - 4 - 26 LC 49 2857S (E) Regularly updating student attendance records with current information regarding92 a student's compliance or noncompliance with an attendance intervention plan; and93 (F) Submitting a notice of noncompliance with an attendance intervention plan to the94 Department of Education for each chronically unexcused student who has failed to95 comply with a plan that was approved by an attendance review team and provided in96 writing to the student and his or her parent or guardian in accordance with subparagraph97 (C) of this paragraph.98 (2) Each local school system that shall:99 (A) Has a local school system chronic absenteeism rate of 10 percent or higher shall100 establish Establish an attendance review team for the local school system; and101 (B) Has Establish an attendance review team for each school one or more schools with102 a school chronic absenteeism rate of 15 percent or higher shall establish an attendance103 review team for each such school.104 (c)(1) Each attendance review team established under the this Code section shall meet105 at least once monthly and shall be responsible for reviewing th e individual cases of106 students who are chronically absent and developing attendance intervention plans for107 such students and their parents or guardians ; provided, however, that a local school108 system attendance review team shall be authorized to work in co njunction with school109 attendance review teams.110 (2) Attendance review teams established under this subsection may consist of school111 administrators, school counselors, school social workers, teach ers, other school112 personnel, and the parents or guardians of such students who are chronically absent.113 (d) By July 1, 2027, the State Board of Education shall approv e model policies and114 guidance materials to assist local school systems and public sc hools with establishing115 policies and procedures that meet the requirements of subsection (b) of this Code section.116 Such guidance materials shall address common scenarios and frequently asked questions117 for attendance review teams.118 S. B. 513 (SUB) - 5 - 26 LC 49 2857S (e) This Code section shall not apply to students enrolled in a completion special school119 established pursuant to Article 31C of this chapter."120 SECTION 4.121 Said chapter is further amended in said subpart by revising subsection (a) of Code Section122 20-2-697, relating to cooperation of principals and teachers in public schools with visiting123 teachers and attendance officers, attendance reports and records kept by public schools, and124 letter indicating enrollment, as follows:125 "(a) Visiting teachers and attendance officers shall receive the cooperation and assistance126 of all teachers and principals of public schools in the local s chool systems within which127 they are appointed to serve. It shall be the duty of the princ ipals or local school site128 administrators and of the teachers of all public schools to report, in writing, to the visiting129 teacher or attendance officer of the local school system the names, ages, and residences of130 all students in attendance at their schools and classes within 30 days after the beginning of131 the school term or terms and to make such other reports of attendance in their schools or132 classes as may be required by rule or regulation of the State Board of Education. All public133 schools shall keep daily records of attendance, verified by the teachers certifying such134 records. Such reports shall be open to inspection by the visiting teacher, attendance officer,135 or duly authorized representative at any time during the school day. Any such attendance136 records and reports which identify students by name shall be used only for the purpose of137 providing necessary attendance information required by the state board or by law, except138 with the permission of the parent or guardian of a child, pursuant to the subpoena of a court139 of competent jurisdiction, or for verification of enrollment and compliance with attendance140 intervention plans by the Department of Driver Services for the purposes set fort h in141 subsection (a.1) of Code Section 40-5-22. Such attendance reco rds shall also be142 maintained in a format which does not identify students by name, and in this format shall143 be a part of the data collected for the student record componen t of the state-wide144 S. B. 513 (SUB) - 6 - 26 LC 49 2857S comprehensive educational information system pursuant to subsection (b) of Code Section145 20-2-320."146 SECTION 5.147 Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses,148 is amended in Article 2, relating to issuance, expiration, and renewal of licenses, by revising149 subsection (a.1) of Code Section 40-5-22, relating to issuance of instruction permit or driver's150 license to person under 18 years of age and persons not to be licensed, as follows:151 "(a.1)(1) The department shall not issue an instruction permit or driver's license to a152 person who is younger than 18 years of age unless at the time s uch minor submits an153 application for an instruction permit or driver's license the applicant presents acceptable154 proof that he or she has received a high school diploma, a stat e approved high school155 equivalency (HSE) diploma, a special diploma, or a certificate of high school completion156 or has terminated his or her secondary education and is enrolle d in a postsecondary157 school, is pursuing a state approved high school equivalency (H SE) diploma, or the158 records of the department indicate that said applicant:159 (A) Is enrolled in and not under expulsion from a public or private school; or160 (B) Is not the subject of an attendance intervention plan provided for in Code Section161 20-2-690.3, or, if he or she is the subject of such a plan, he or she is currently compliant162 with such plan; or163 (C) Is enrolled in a home education program that satisfies the reporting requirements164 of all state laws governing such program.165 The department shall notify such minor of his or her ineligibility for an instruction permit166 or driver's license at the time of such application.167 (2) The State Board of Education and the commissioner of driver services are authorized168 to promulgate rules and regulations to implement the provisions of this subsection. Such169 rules and regulations promulgated by the commissioner of driver services shall require170 S. B. 513 (SUB) - 7 - 26 LC 49 2857S the department to accept a notarized school enrollment certification form as proof that171 an applicant meets the requirements set forth in subparagraphs (A) and (B) of paragraph172 (1) of this subsection. Such school enrollment certification form shall be made available173 by the department on its website by July 1, 2027.174 (3) The Technical College System of Georgia shall be responsible for compliance and175 noncompliance data for students pursuing a state approved high school equivalency176 (HSE) diploma."177 SECTION 6.178 This Act shall become effective on July 1, 2027.179 SECTION 7.180 All laws and parts of laws in conflict with this Act are repealed.181 S. B. 513 (SUB) - 8 -