20-2-133. Free public instruction; exceptions; eligibility; procedure and requirements when child in custody of or in a placement or facility of a state agency.

Admission to the instructional programs funded under this article shall be free to all eligible children and youth who enroll in such programs within the local school system in which they reside and to children as provided in subsection (b) of this Code section. Therefore, a local school system shall not charge resident students tuition or fees, nor shall such students be required to provide materials or equipment except for items specified by the State Board of Education, as a condition of enrollment or full participation in any instructional program. However, a local school system is authorized to charge nonresident students tuition or fees or a combination thereof; provided, however, that such charges to a student shall not exceed the average locally financed per student cost for the preceding year, excluding the local five mill share funds required pursuant to Code Section 20-2-164; provided, further, that no child described in subparagraph (A) of paragraph (1) of subsection (b) of this Code section shall be charged tuition, fees, or a combination thereof. A local school system is further authorized to contract with a nonresident student’s system of residence for payment of tuition. The amount of tuition paid directly by the system of residence shall be limited only by the terms of the contract between systems. Local units of administration shall provide textbooks or any other reading materials to each student enrolled in a class which has a course of study that requires the use of such materials by the students.#

1. (1)

   1. (A)

      Any child, except as otherwise specifically provided in subparagraph (D) of this paragraph, who is:#

      1. (i)

         In the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions, including, but not limited to, the Division of Family and Children Services;#

      2. (ii)

         In a placement operated by the Department of Human Services;#

      3. (iii)

         In a facility or placement paid for by the Department of Juvenile Justice, the Department of Human Services or any of its divisions, including, but not limited to, the Division of Family and Children Services; or#

      4. (iv)

         Placed in a psychiatric residential treatment facility by his or her parent or legal guardian pursuant to a physician’s order, if such child is not a home study, private school, or out-of-state student#

      5. and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. Except for children who are committed to the Department of Juvenile Justice and receiving education services under Code Section 20-2-2084.1, the local unit of administration of the school district in which such child is present shall be responsible for the provision of all educational programs, including special education and related services, at no charge so long as the child is physically present in the school district.

   2. (B)

      A child shall be considered in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions, including, but not limited to, the Division of Family and Children Services, if custody has been awarded either temporarily or permanently by court order or by voluntary agreement, or if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Human Services or the Division of Family and Children Services.#

   3. (C)

      A facility providing educational services onsite to a child described in subparagraph (A) of this paragraph who is unable to leave such facility shall enter into a memorandum of understanding with the local unit of administration in which the facility is located. Such memorandum of understanding shall include, at a minimum, provisions regarding enrollment counting procedures, allocation of funding based on actual days of enrollment in the facility, the party responsible for employing teachers, and the respective rights and responsibilities of the parties relative to the disclosure of the child’s education records. A memorandum of understanding shall be reviewed and renewed at least every two years; provided, however, that, if any memorandum of understanding in place on July 1, 2025, does not include such provisions regarding the respective rights and responsibilities of the parties relative to the disclosure of the child’s education records, such memorandum of understanding shall be reviewed and updated by no later than October 1, 2025.#

   4. (D)

      No child in a secure residential facility as defined in Code Section 15-11-2, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which such facility is located. No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held; provided, however, that such child or youth may be eligible for enrollment in a state charter school pursuant to Code Section 20-2-2084.1.#

2. (2)

   Except as otherwise provided in this Code section, placement in a facility by another local unit of administration shall not create an obligation, financial or otherwise, on the part of the local unit of administration in which the facility is located to educate the child.#

3. (3)

   For any child described in subparagraph (A) of paragraph (1) of this subsection, the custodian of or placing agency for the child shall notify the appropriate local unit of administration at least five days in advance of the move, when possible, when the child is to be moved from one local unit of administration to another.#

4. (4)

   When the custodian of or placing agency for any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, such local unit of administration shall request the transfer of the education records and Individualized Education Programs and all education related evaluations, assessments, social histories, and observations of the child from the appropriate local unit of administration no later than five school business days after receiving notification. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to transfer such records and the local unit of administration has the right to receive, review, and utilize such records. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational services to a child described in subparagraph (A) of paragraph (1) of this subsection, the Department of Juvenile Justice, the Department of Human Services, or the Division of Family and Children Services shall furnish to the local unit of administration all medical and education records in the possession of the Department of Juvenile Justice, the Department of Human Services, or the Division of Family and Children Services pertaining to any such child. Such records shall include, but shall not be limited to, any record that such student:#

   1. (A)

      Has ever been adjudicated delinquent of the commission of a class A designated felony act or class B designated felony act, as defined in Code Section 15-11-2 and, if so, the date of such adjudication, the offense committed, the jurisdiction in which such adjudication was made, and the sentence imposed;#

   2. (B)

      Is currently serving a short-term suspension, a long-term suspension, or an expulsion from another school, the reason for such discipline, and the term of such discipline;#

   3. (C)

      Is currently the subject of a notice of a disciplinary hearing pursuant to Code Section 20-2-754; or#

   4. (D)

      Is currently or has ever been the subject of a:#

      1. (i)

         Notice of a report of criminal action made pursuant to Code Section 20-2-756;#

      2. (ii)

         Notice of chronic disciplinary problem made pursuant to Code Section 20-2-765;#

      3. (iii)

         Disciplinary and behavioral correction plan pursuant to Code Section 20-2-766; or#

      4. (iv)

         Report of the commission of a prohibited act made pursuant to Code Section 20-2-1184.#

5. (5)

   In the event that the Department of Juvenile Justice, the Department of Human Services, or the Division of Family and Children Services contends that any record provided for in paragraph (4) of this subsection cannot be released without consent of a parent or legal guardian, such agency shall:#

   1. (A)

      Within five school business days after receiving a request for records under this subsection:#

      1. (i)

         Release all records not subject to such restriction;#

      2. (ii)

         Provide in writing to the local unit of administration and the RESA student affairs officer of the RESA in which such local unit of administration is located a list that identifies each record that such agency contends is subject to such restriction and the legal basis for such restriction; and#

      3. (iii)

         Initiate both verbal and written contact with the parent or legal guardian to obtain consent which the agency contends is required; and#

   2. (B)

      Upon receipt of the consent provided for in division (5)(A)(iii) of this subsection, immediately release the subject record to the local unit of administration.#

6. (6)

   1. (A)

      In the event that an agency contends that releasing, in whole or in part, a student’s records as required by this Code section would be unlawful, such agency shall promptly provide a written notice of dispute to the RESA student affairs officer of the RESA in which the local unit of administration is located.#

   2. (B)

      In the event that a local unit of administration contends that a student’s records, in whole or in part, have been unlawfully or unduly withheld from release by a sending school, such local unit of administration shall promptly provide a written notice of dispute to the RESA student affairs officer of the RESA in which the local unit of administration is located.#

   3. (C)

      1. (i)

         Upon receipt of a notice of dispute from an agency as provided for in subparagraph (A) of this paragraph or from a local unit of administration as provided in subparagraph (B) of this paragraph, the RESA student affairs officer shall be authorized to work in coordination with any sending school, any receiving school, any other requestor, and the parent or legal custodian of the student whose records are the subject of such notice to resolve any dispute by providing technical assistance and guidance as to the respective rights and responsibilities of each of the parties to the dispute.#

      2. (ii)

         To the extent that such efforts to resolve the dispute are not successful, the RESA student affairs officer shall provide a written notice of noncompliance to any party to such dispute which the RESA student affairs officer reasonably contends is noncompliant with the requirements of this paragraph. Such written notice of noncompliance shall include a recommended corrective action to resolve noncompliance. The RESA student affairs officer shall report such noncompliance to the director of the RESA.#

      3. (iii)

         Upon being notified of a noncompliance as provided for in division (ii) of this subparagraph, the RESA director shall be authorized to attempt to resolve the dispute and to report noncompliance to the Office of the Attorney General and the Department of Education’s chief privacy officer.#

   4. (D)

      For the limited purposes provided for in this subsection, RESA student affairs officers and RESA directors shall be authorized to review the education records that are the subject of a notice of dispute provided for in this subsection.#

7. (7)

   Any local unit of administration which serves a child pursuant to subparagraph (A) of paragraph (1) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. Each local board of education shall be held harmless by the state from expending local funds for educating students pursuant to this Code section; provided, however, that this shall only apply to students who are unable to leave the facility in which they have been placed.#

8. (8)

   Enrollment of an eligible child pursuant to this Code section shall be effectuated in accordance with rules and regulations adopted by the State Board of Education.#

9. (9)

   For purposes of the accountability program provided for in Part 3 of Article 2 of Chapter 14 of this title, all facilities serving children described in subparagraph (A) of paragraph (1) of this subsection shall be, consistent with department rules and regulations, treated as a single local education agency; provided, however, that this paragraph shall not be construed to alleviate any responsibilities of the local unit of administration of the school district in which any such children are physically present for the provision of education for any such children.#

10. (10)

    The Department of Education, the State Charter Schools Commission, the Department of Human Services, the Division of Family and Children Services, the Department of Juvenile Justice, and the local units of administration where Department of Education, State Charter Schools Commission, Department of Juvenile Justice, Department of Human Services, or Division of Family and Children Services placements, facilities, or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section applicable to children and youth in the physical or legal custody of the Department of Juvenile Justice, under the care or physical or legal custody of the Department of Human Services or the Division of Family and Children Services.#