Title 20. EDUCATION · Chapter 2. ELEMENTARY AND SECONDARY EDUCATION · Article 6. QUALITY BASIC EDUCATION · Part 13. ORGANIZATION OF SCHOOLS AND SYSTEMS
20-2-293. Student attending school in system other than system of student’s residence.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
- (1)
The provisions of this article and other statutes to the contrary notwithstanding, the State Board of Education shall provide a procedure whereby a student shall be permitted to attend and to be included as an enrolled student in the public schools of a local unit of administration other than the local unit of administration wherein the student resides for the purpose of allotting state funds under this article, notwithstanding absence of an agreement between the two local units and a refusal by the board of education of the local unit wherein the student resides to approve voluntarily such transfer of the student to the public schools of the other local unit; provided, however, that the board of education of the local unit is willing to receive and to permit such student to enroll in and to attend the public schools of such local unit. The state board shall adopt such rules, regulations, and policies as may be necessary for implementation of this Code section. Grant or refusal of permission for students to attend such schools, for the purpose of permitting state funds to follow such students, shall be subject only to approval of the enrolling student and the local unit of administration in which the student seeks to enroll. Local units of administration may contract with each other for the care, education, and transportation of students and for such other activities as they may be authorized by law to perform.#
- (2)
Beginning July 1, 2026, and continuing thereafter, if a local unit of administration enrolls a student pursuant to paragraph (1) of this subsection and requires the student to pay tuition, the amount of tuition such local unit of administration may charge to such student shall not exceed total revenues less federal revenues less state revenues per full-time equivalent student for the local unit of administration that enrolls such student.#
- (b)
Notwithstanding the provisions of subsection (a) of this Code section or any other general law, and except as provided by the General Assembly by local law, a student shall be allowed to attend and be enrolled in the school in which a parent or guardian of such student is a full-time teacher, paraprofessional, or other employee, notwithstanding the fact that such school is not located in the local unit of administration in which such student resides. Each local unit of administration shall be authorized to allow a student to attend and be enrolled in the school in which a parent or guardian of such student is a part-time teacher, paraprofessional, or other employee who works for at least 20 hours per school week on average measured monthly, notwithstanding the fact that such school is not located in the local unit of administration in which such student resides. Each local unit of administration of this state shall provide procedures to implement the provisions of this subsection.#
History
Code 1981, § 20-2-305, enacted by Ga. L. 1985, p. 1657, § 1; Code 1981, § 20-2-293, as redesignated by Ga. L. 1987, p. 1169, § 1; Ga. L. 1989, p. 925, § 1; Ga. L. 1992, p. 2103, § 1; Ga. L. 2024, p. 245, § 4-1/SB 233, effective April 23, 2024; Ga. L. 2024, p. 283, § 2/HB 1122, effective July 1, 2025.
Amendments
The first 2024 amendment, effective April 23, 2024, designated the existing provisions of subsection (a) as paragraph (a)(1); in paragraph (a)(1), in the first sentence, substituted “shall provide a procedure whereby a student shall” for “is authorized to provide a procedure whereby a student shall, for such compelling reasons and circumstances as may be specified by the state board,” and, at the end of the third sentence, substituted “subject only to approval of the enrolling student and the local unit of administration in which the student seeks to enroll” for “entirely discretionary with the state board and shall, in the absence of a clear abuse of discretion by the state board, be final and conclusive”; and added paragraph (a)(2). The second 2024 amendment, effective July 1, 2025, in subsection (b), substituted “paraprofessional” for “professional” in the first sentence, added the second sentence, and substituted “local unit of administration” for “school system” in the third sentence.
Law reviews
For article on the 2024 amendment of this Code section, see 41 Ga. St. U.L. Rev. 175 (2024).
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Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t20-ch1-2b-(v17)-pdf.pdf, Volume V17, 2022 edition, 2025 supplement, pages 145 to 147; merge action: replaced; file SHA-256 46f1cc71579d.
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