20-4-141. Establishment of pilot program; awarding of high school diploma to successful participants; eligibility for participation; regulation.

(a)(1) The state board shall, in coordination with the State Board of Education, Department of Education, the Department of Juvenile Justice, the Department of Corrections, and the Office of Planning and Budget, establish a pilot program to allow students who meet eligibility requirements to qualify for enrollment in the Dual Achievement Program at a participating unit of the technical college system and, upon successful completion of the program, be awarded a high school diploma. The purpose of the pilot program is to assess the feasibility of implementing a state-funded program for eligible students who have withdrawn from high school to enroll in a unit of the technical college system to participate in an academic and technical education and training program which, upon successful completion, allows the student to earn a high school diploma while also earning a technical college associate’s degree, a technical college diploma, or technical college certificates of credit in specific career pathways. (2) To implement the pilot program, notwithstanding any other provision of law to the contrary, the state board and the State Board of Education shall be authorized to waive or provide variances to state rules, regulations, policies, and procedures and to provisions of this title that may be reasonably necessary to meet the goals of the pilot program, including, but not limited to, such rules, regulations, policies, procedures, and provisions as relate to the calculation, allocation, and distribution of QBE formula earnings. Such waivers or variances shall automatically expire at the end of ten years unless an earlier expiration is provided for. The state board and the State Board of Education shall be authorized to seek waivers or variances of federal laws, rules, regulations, policies, and procedures that may be reasonably necessary to meet the goals of the pilot program. (3) The pilot program, as determined by the state board, may include up to five units of the technical college system for a period of ten years. In an effort to pilot the program under various conditions present in the state, the state board shall seek to include in the pilot program units of the technical college system from various geographic areas in the state. (4) The state board shall review the results of the pilot program and shall no later than November 15 each year during the program provide the Office and Planning and Budget and the chairpersons of the House Committee on Education, the Senate Education and Youth Committee, the House Committee on Higher Education, the Senate Higher Education Committee, the House Committee on Appropriations, and the Senate Appropriations Committee with a comprehensive report on the program with any recommendations for its continued use and any needed changes in the program. Such report shall include a comprehensive list of any such waivers or variances implemented or requested as provided for in paragraph (2) of this subsection, a statement of necessity for each waiver or variance, and with respect to any such requests, whether each request was granted in whole or in part. (b) The pilot program established by the state board pursuant to this article shall provide for the award of a high school diploma by the state board to students who successfully complete the program. (c) The state board shall determine the specific competencies concerning the skills and knowledge needed for completion of each component of the program; provided, however, that the state board shall make such determination regarding the skills and knowledge needed to meet the requirements for a high school diploma as provided for in this program in consultation with the State Board of Education and the Department of Education. (d) The state board shall provide for preliminary review of academic records, including, but not limited to official secondary school transcripts, submitted by prospective students to determine whether such students meet the requirements provided for in paragraphs (1) and (2) of subsection (e) of this Code section. If a prospective student meets such requirements, the student shall be so notified and allowed to complete a readiness assessment required by the technical college system. Students who meet the requirements provided for in paragraphs (1) and (2) of subsection (e) of this Code section and attain an acceptable score of admission on the readiness assessment shall be notified that they are eligible to participate in the program, subject to meeting the requirements provided for in the applicable paragraphs of subsection (f) of this Code section. (e) To be eligible to participate in the program, a student shall: (1) Be 16 years of age or older; (2) Have completed at least six of the nine following state required ninth and tenth grade level high school courses: two English courses, two mathematics courses, two science courses, two social studies courses, and one health and physical education course; and any state required tests associated with any such courses; (3) Receive an acceptable score of admission on the readiness assessment required by the technical college system; and (4) Meet the requirements provided for in the applicable paragraph of subsection (f) of this Code section. (f)(1) Before July 1, 2026, to be eligible to participate in the program, a student shall be withdrawn from a public secondary school of this state, shall meet the requirements provided for in subsection (e) of this Code section, and shall provide the following: (A) If an unemancipated minor: (i) Verification that the student’s parent or legal guardian attended a conference with the student’s high school principal or the principal’s designee as provided for in subsection (f) of Code Section 20-2-690.1; (ii) A copy of the form provided for in subsection (f) of Code Section 20-2-690.1 signed by the student’s parent or legal guardian; (iii) Written acknowledgment by the student’s parent or guardian that withdrawal of the student from secondary school may result in loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq.; and (iv) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program; or (B) If an emancipated minor or a student who is 18, 19, or 20 years of age: (i) Written acknowledgment that the student has conferred with his or her secondary school principal or the principal’s designee or a qualified designated official of the technical college system and discussed alternatives to withdrawing from high school without completing graduation requirements and potential consequences of not having a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities; (ii) Written acknowledgment by the student’s parent or guardian that withdrawal of the student from secondary school may result in loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq.; and (iii) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program. (2) Beginning July 1, 2026, to be eligible to participate in the program, a student shall be enrolled in a public secondary school of this state, shall not have reached 21 years of age, shall meet the requirements provided for in subsection (e) of this Code section, and shall provide the following: (A) Written acknowledgment that such student shall not be eligible to participate in extracurricular activities or interscholastic activities under the sponsorship, direction, or control of such student’s resident school or resident school system; and (B) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program. (g) Any student who is enrolled in the program on June 30, 2026, shall remain eligible to participate in the program according to the terms and conditions of such student’s original eligibility to participate in the program. (h) By March 1, 2026, the State Board of Education shall adopt any policies, rules, or regulations that are necessary to ensure that any student who withdraws from his or her resident school or resident school system and subsequently wishes to participate in the program shall be permitted to re-enroll in such resident school or resident school system in order to participate in the program on and after July 1, 2026. Such policies, rules, and regulations shall provide for such students to complete such re-enrollment without having to appear at such resident school or resident school system. Upon collaboration with the state board, such policies, rules, and regulations may provide for such re-enrollment to be facilitated by the technical college system. (i) The state board shall award a high school diploma to a student enrolled in the program provided for in this article who: (1) Completes all student counseling and assessment requirements of the program; (2) Completes rigorous coursework at a participating unit of the technical college system; and (3) Completes: (A) A technical college associate’s degree program; (B) A technical college diploma program; or (C) At least two technical college certificate of credit programs in one specific career pathway. (j) A student who meets the requirements of subsection (h) of this Code section shall be deemed to have met all graduation requirements of the State Board of Education and shall not be subject to any assessments otherwise required for purposes of graduation. (k) The state board, in consultation with the State Board of Education, Department of Education, the Department of Juvenile Justice, the Department of Corrections, and the Office of Planning and Budget, shall establish rules and regulations to implement the provisions of this article.