12 LC
33 4491S (SCS)
Senate
Bill 227
By:
Senator Loudermilk of the 52nd
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
To
amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official
Code of Georgia Annotated, relating to compulsory attendance for students in
elementary and secondary education, so as to provide that declarations of intent
and attendance records for home study programs are submitted to the Department
of Education rather than local school superintendents; to provide for related
matters; to provide for applicability; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Subpart
2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to compulsory attendance for students in elementary
and secondary education, is amended in Code Section 20-2-690, relating to
requirements for private schools and home study programs, by revising subsection
(c) as follows:
"(c)
Parents or guardians may teach their children at home in a home study program
which meets the following requirements:
(1)
The parent, parents, or guardian must submit within 30 days after the
establishment of a home study program and by September 1 annually thereafter a
declaration of intent to utilize a home study program to the
Department of
Education, which may provide for electronic submittal of such declaration of
intent
superintendent
of schools of the local school district in which the home study program is
located;
(2)
The declaration shall include a list of the names and ages of the students who
are enrolled in the home study program, the address where the home study program
is located, and a statement of the 12 month period that is to be considered the
school year for that home study program. Enrollment records and reports shall
not be used for any purpose except providing necessary enrollment information,
except with the permission of the parent or guardian of a child, pursuant to the
subpoena of a court of competent jurisdiction, or for verification of attendance
by the Department of Public Safety for the purposes set forth in subsection
(a.1) of Code Section 40-5-22;
(3)
Parents or guardians may teach only their own children in the home study
program, provided the teaching parent or guardian possesses at least a high
school diploma or a general educational development diploma, but the parents or
guardians may employ a tutor who holds a high school diploma or a general
educational development diploma to teach such children;
(4)
The home study program shall provide a basic academic educational program which
includes, but is not limited to, reading, language arts, mathematics, social
studies, and science;
(5)
The home study program must provide instruction each 12 months to home study
students equivalent to 180 school days of education with each school day
consisting of at least four and one-half school hours unless the child is
physically unable to comply with the rule provided for in this
paragraph;
(6)
Attendance records for the home study program shall be kept and shall be
submitted
annually to
the Department of Education, which may provide for electronic submittal of such
records
at the end
of each month to the school superintendent of the local school district in which
the home study program is located.
Attendance records and reports shall not be used for any purpose except
providing necessary attendance information, except with the permission of the
parent or guardian of a child, pursuant to the subpoena of a court of competent
jurisdiction, or for verification of attendance by the Department of Public
Safety for the purposes set forth in subsection (a.1) of Code Section
40-5-22;
(7)
Students in home study programs shall be subject to an appropriate nationally
standardized testing program administered in consultation with a person trained
in the administration and interpretation of norm reference tests to evaluate
their educational progress at least every three years beginning at the end of
the third grade and records of such tests and scores shall be retained but shall
not be required to be submitted to public educational authorities;
and
(8)
The home study program instructor shall write an annual progress assessment
report which shall include the instructor's individualized assessment of the
student's academic progress in each of the subject areas specified in paragraph
(4) of this subsection, and such progress reports shall be retained by the
parent, parents, or guardian of children in the home study program for a period
of at least three years."
SECTION
2.
Said
subpart is further amended in Code Section 20-2-690.1, relating to mandatory
education for children between ages six and 16, by revising subsection (d) as
follows:
"(d)
Local school superintendents in the case of private
schools, the
Department of Education in the case of
or
home study
programs,
and visiting teachers and attendance officers in the case of public schools
shall have authority and it shall be their duty to file proceedings in court to
enforce this subpart."
SECTION
3.
Said
subpart is further amended in Code Section 20-2-694, relating to administration
and enforcement of compulsory attendance laws, as follows:
"20-2-694.
It
shall be the duty of each county and independent school system board of
education,
and
each local school superintendent within
the state, and
the Department of Education to administer
this subpart and to secure its enforcement in cooperation with the other state
and county agencies and in cooperation with the administrators of private
schools and parents or guardians providing a home study
program."
SECTION
4.
Said
subpart is further amended in Code Section 20-2-701, relating to local school
superintendents or visiting teachers and attendance officers to report truants
to juvenile or other courts, by revising subsection (a) as follows:
"(a)
Local school superintendents as applied to private
schools, the
Department of Education as applied to
and
home study
programs,
or visiting teachers and attendance officers as applied to public schools, after
written notice to the parent or guardian of a child, shall report to the
juvenile or other court having jurisdiction under Chapter 11 of Title 15 any
child who is absent from a public or private school or a home study program in
violation of this subpart. If the judge of the court places such child in a
home or in a public or private institution pursuant to Chapter 11 of Title 15,
school shall be provided for such child."
SECTION
5.
This
Act shall be applicable beginning with school year 2012-2013.
SECTION
6.
All
laws and parts of laws in conflict with this Act are repealed.