Bill Text: GA SB114 | 2009-2010 | Regular Session | Engrossed
Bill Title: Education; provide for transfer of students who are military dependents into a local school system
Spectrum: Bipartisan Bill
Status: (Passed) 2009-07-01 - Effective Date [SB114 Detail]
Download: Georgia-2009-SB114-Engrossed.html
09 LC
21 0259
Senate
Bill 114
By:
Senators Harbison of the 15th, Harp of the 29th, Douglas of the 17th and Seay of
the 34th
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating
to elementary and secondary education, so as to define certain terms; to provide
for applicability; to provide for the transfer of students who are military
dependents into a local school system; to provide for placement; to provide for
a waiver of course prerequisites; to provide for additional excused absences for
certain students; to provide for eligibility for enrollment; to provide for
on-time graduation; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary
and secondary education, is amended by adding a new article to read as
follows:
"ARTICLE
34
Part 1
Part 1
20-2-2130.
As
used in this article, the term:
(1)
'Active duty' means full-time duty status in the active uniformed services of
the United States, including members of the National Guard and Reserve on active
duty orders pursuant to 10 U.S.C. Sections 1209 and 1211.
(2)
'Child of military families' means a school-aged child, enrolled in kindergarten
through grade 12, in the household of an active duty member.
(3)
'Deployment' means the period one month prior to the service members' departure
from their home station on military orders though six months after return to
their home station.
(4)
'Educational records' means those official records, files, and data directly
related to a student and maintained by the school or local education agency,
including but not limited to records encompassing all the material kept in the
student's cumulative folder such as general identifying data, records of
attendance and of academic work completed, records of achievement and results of
evaluative tests, health data, disciplinary status, test protocols, and
individualized education programs.
(5)
'Extracurricular activities' means a voluntary activity sponsored by the school
or local education agency or an organization sanctioned by the local education
agency. Extracurricular activities include, but are not limited to, preparation
for and involvement in public performances, contests, athletic competitions,
demonstrations, displays, and club activities.
(6)
'Local education agency' means a public authority legally constituted by the
state as an administrative agency to provide control of and direction for
kindergarten through grade 12 public educational institutions.
(7)
'Sending state' means the member state from which a child of a military family
is sent, brought, or caused to be sent or brought.
(8)
'State' means a state of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American
Samoa, the Northern Marianas Islands, and any other United States
territory.
(9)
'Student' means the child of a military family for whom the local education
agency receives public funding and who is formally enrolled in kindergarten
through grade 12.
(10)
'Transition' means:
(A)
The formal and physical process of transferring from school to school;
or
(B)
The period of time in which a student moves from one school in the sending state
to another school in the receiving state.
(11)
'Uniformed services' means the Army, Navy, Air Force, Marine Corps, Coast Guard,
Commissioned Corps of the National Oceanic and Atmospheric Administration, and
Public Health Services.
(12)
'Veteran' means a person who served in the uniformed services and who was
discharged or released therefrom under conditions other than
dishonorable.
20-2-2131.
(a)
Except as otherwise provided in subsection (b) of this Code section, this
article shall apply to the children of:
(1)
Active duty members of the uniformed services as defined in Code Section
20-2-2130, including members of the National Guard and Reserve on active duty
orders pursuant to 10 U.S.C. Sections 1209 and 1211;
(2)
Members or veterans of the uniformed services who are severely injured and
medically discharged or retired for a period of one year after medical discharge
or retirement; and
(3)
Members of the uniformed services who die on active duty or as a result of
injuries sustained on active duty for a period of one year after
death.
(b)
The provisions of this article shall not apply to the children of:
(1)
Inactive members of the national guard and military reserves;
(2)
Members of the uniformed services now retired, except as provided in subsection
(a) of this Code section;
(3)
Veterans of the uniformed services, except as provided in subsection (a) of this
Code section; and
(4)
Other United Sates Department of Defense personnel and other federal agency
civilian and contract employees not defined as active duty members of the
uniformed services.
Part
2
20-2-2140.
In
the event that official education records cannot be released to the parents or
legal guardian for the purpose of transfer, a local school system shall accept a
complete set of unofficial educational records prepared by the sending school
and furnished to the parent or legal guardian. Upon receipt of such unofficial
education records, the local school system shall enroll and appropriately place
the student based on the information provided in the unofficial records pending
validation by the official records, as quickly as possible. Simultaneously with
the enrollment and conditional placement of the student, the local school system
shall request the student's official education record from the school in the
sending state.
20-2-2141.
Local
school systems shall give 30 days from the date of enrollment for students to
obtain any immunization required by the receiving state. For a series of
immunizations, initial vaccinations must be obtained within 30
days.
Part
3
20-2-2150.
Students
shall be allowed to continue their enrollment at grade level in the local school
system commensurate with their grade level, including kindergarten, from a local
education agency in the sending state at the time of transition, regardless of
age. A student who has satisfactorily completed the prerequisite grade level in
the local education agency in the sending state shall be eligible for enrollment
in the next highest grade level in the receiving state, regardless of age. A
student transferring after the start of the school year in the receiving state
shall enter the school in the receiving state on their validated level from an
accredited school in the sending state.
20-2-2151.
When
the student transfers before or during the school year, the local school system
shall initially honor placement of the student in educational courses based on
the student's enrollment in the sending state school or educational assessments
conducted at the school in the sending state, if the courses are offered.
Course placement includes but is not limited to honors, international
baccalaureate, advanced placement, vocational, technical, and career pathways
courses. Continuing the student's academic program from the previous school and
promoting placement in academically and career challenging courses should be
paramount when considering placement. Nothing in this Code section shall
preclude the local school system from performing subsequent evaluations to
ensure appropriate placement and continued enrollment of the student in any
course.
20-2-2152.
The
local school system shall initially honor placement of the student in
educational programs based on current educational assessments conducted at the
school in the sending state or participation or placement in similar programs in
the sending state. Such programs include, but are not limited to:
(1)
Gifted and talented programs; and
(2)
English as a second language.
Nothing
in this Code section shall preclude the school in the receiving state from
performing subsequent evaluations to ensure appropriate placement of the
student.
20-2-2153.
Local
school systems shall have flexibility in waiving course or program prerequisites
or other preconditions for placement in courses and programs offered by the
local school system.
20-2-2154.
A
local school system may grant additional excused absences to a student whose
parent or legal guardian is an active duty member of the uniformed services and
has been called to duty for, is on leave from, or immediately returned from
deployment to a combat zone or combat support posting, so that such student may
visit with his or her parent or legal guardian relative to such leave or
deployment of the parent or guardian.
Part
4
20-2-2160.
(a)
Special power of attorney, relative to the guardianship of a child of a military
family and executed under applicable law, shall be sufficient for the purposes
of enrollment and all other actions requiring parental participation and
consent.
(b)
A local school system shall be prohibited from charging local tuition to a
transitioning military child placed in the care of a noncustodial parent or
other person standing in loco parentis who lives in a jurisdiction other than
that of the custodial parent.
(c)
A transitioning military child, placed in the care of a noncustodial parent or
other person standing in loco parentis who lives in a jurisdiction other than
that of the custodial parent, may continue to attend the school in which he or
she was enrolled while residing with the custodial parent.
20-2-2161.
Local
school systems shall facilitate the opportunity for transitioning military
children's inclusion in extracurricular activities, regardless of application
deadlines, to the extent they are otherwise qualified.
Part
5
20-2-2170.
In
order to facilitate the on-time graduation of children of military families
states and local school systems shall incorporate the following
procedures:
(1)
Local school systems shall waive specific courses required for graduation if
similar course work has been satisfactorily completed in another local education
agency or shall provide reasonable justification for denial. Should a waiver
not be granted to a student who would qualify to graduate from the sending
school, the local school system shall provide an alternative means of acquiring
required course work so that graduation may occur on time;
(2)
Local school systems shall accept exit or end-of-course exams required for
graduation from the sending state, national norm-referenced achievement tests,
or alternative testing in lieu of testing requirements for graduation in this
state; and
(3)
Should a military student transferring at the beginning or during his or her
senior year be ineligible to graduate from the receiving local education agency
after all alternatives have been considered, the local school system shall
coordinate with the sending local education agency to ensure the receipt of a
diploma."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.