Bill Text: GA SB239 | 2009-2010 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Vetoed) 2010-06-08 - Veto V16 [SB239 Detail]
Download: Georgia-2009-SB239-Comm_Sub.html
Bill Title: Education; mandatory attendance; provisions; require new residents in a local school system to enroll a child within 30 days
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Vetoed) 2010-06-08 - Veto V16 [SB239 Detail]
Download: Georgia-2009-SB239-Comm_Sub.html
10 LC 33
3779S
The
House Committee on Education offers the following substitute to SB
239:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of
Georgia Annotated, relating to school attendance in elementary and secondary
education, so as to revise certain provisions relating to mandatory attendance;
to require new residents in a local school system to enroll a child within 15
days; to provide for reporting violations of mandatory attendance requirements;
to provide that a person who fails to enroll a child is guilty of a misdemeanor;
to provide for statutory construction; to provide for related matters; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Part
1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia
Annotated, relating to school attendance in elementary and secondary education,
is amended by revising Code Section 20-2-690.1, relating to mandatory education
for children, as follows:
"20-2-690.1.
(a)
Mandatory attendance in a public school, private school, or home school program
shall be required for children between their sixth and sixteenth birthdays.
Such mandatory attendance shall not be required where the child has successfully
completed all requirements for a high school diploma.
Any parent,
guardian, or other person having control or charge of any child or children
subject to mandatory attendance pursuant to this subsection who becomes a new
resident of a local school system in this state shall, within 15 days of such
new residency or by the start date of school if such new residency occurs prior
to such start date, enroll such child or children in a public school, a private
school, or a home study program that meets the requirements for a public school,
a private school, or a home study program. Failure to enroll such child or
children within 15 days of such new residency or the start date of school if
such new residency occurs prior to such start date shall constitute a violation
of this Code section.
(b)
Every parent, guardian, or other person residing within this state having
control or charge of any child or children during the ages of mandatory
attendance as required in subsection (a) of this Code section shall enroll and
send such child or children to a public school, a private school, or a home
study program that meets the requirements for a public school, a private school,
or a home study program; and such child shall be responsible for
enrolling
in and attending a public school, a
private school, or a home study program that meets the requirements for a public
school, a private school, or a home study program under such penalty for
noncompliance with this subsection as is provided in Chapter 11 of Title 15,
unless the child's failure to enroll and attend is caused by the child's parent,
guardian, or other person, in which case the parent, guardian, or other person
alone shall be responsible; provided, however, that tests and physical exams for
military service and the National Guard and such other approved absences
as provided
for by law or by the local board of
education shall be excused absences. The
requirements of this subsection shall apply to a child during the ages of
mandatory attendance as required in subsection (a) of this Code section who has
been assigned by a local board of education or its delegate to attend an
alternative public school program established by that local board of education,
including an alternative public school program provided for in Code Section
20-2-154.1, regardless of whether such child has been suspended or expelled from
another public school program by that local board of education or its delegate,
and to the parent, guardian, or other person residing in this state who has
control or charge of such child. Nothing in this Code section shall be
construed to require a local board of education or its delegate to assign a
child to attend an alternative public school program rather than suspending or
expelling the child.
(c)
Any parent, guardian, or other person residing in this state who has control or
charge of a child or children and who shall violate this Code section shall be
guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine
not less than $25.00 and not greater than $100.00, imprisonment not to exceed 30
days, community service, or any combination of such penalties, at the discretion
of the court having jurisdiction. Each day's absence from school in violation
of this part after the child's school system notifies the parent, guardian, or
other person who has control or charge of a child of five unexcused days of
absence for a child shall constitute a separate offense. After two reasonable
attempts to notify the parent, guardian, or other person who has control or
charge of a child of five unexcused days of absence without response, the school
system shall send a notice to such parent, guardian, or other person by
certified mail, return receipt requested. Public schools shall provide to the
parent, guardian, or other person having control or charge of each child
enrolled in public school a written summary of possible consequences and
penalties for failing to comply with compulsory attendance under this Code
section for children and their parents, guardians, or other persons having
control or charge of children. The parent, guardian, or other person who has
control or charge of a child or children shall sign a statement indicating
receipt of such written statement of possible consequences and penalties;
children who are age ten years or older by September 1 shall sign a statement
indicating receipt of such written statement of possible consequences and
penalties. After two reasonable attempts by the school to secure such signature
or signatures, the school shall be considered to be in compliance with this
subsection if it sends a copy of the statement, via certified mail, return
receipt requested, to such parent, guardian, other person who has control or
charge of a child, or children. Public schools shall retain signed copies of
statements through the end of the school
year.
(d)(c)
Local school superintendents in the case of private schools or home study
programs and
visiting
teachers and attendance officers
local school
system officials in the case of public
schools shall have authority and it shall be their duty to file proceedings in
court to enforce this subpart.
(d)(1)
Local school system officials or other persons may make and file a report to the
appropriate enforcement agency regarding any parent, guardian, or other person
having control or charge of any child or children subject to mandatory
attendance requirements pursuant to subsection (a) of this Code section whose
child or children are not regularly attending school including a child who has
been assigned by a local board of education or its delegate to attend an
alternative public school program established by that local board of education,
including an alternative public school program provided for in Code Section
20-2-154.1, regardless of whether such child has been suspended or expelled from
another public school program by that local board of education or its delegate
pursuant to subsection (b) of this Code section.
(2)
Local school system officials or other persons shall make and file a report to
the appropriate enforcement agency regarding any parent, guardian, or other
person having control or charge of any child or children subject to mandatory
attendance requirements pursuant to subsection (a) of this Code section who have
accumulated 30 days of unexcused absences.
(3)
Local school systems shall cooperate in the investigation and prosecution of
mandatory attendance violations in accordance with Code Section
20-2-694.
(e)
No case shall constitute a violation of this Code section unless said child has
accumulated five or more days of unexcused absences. Each day's absence from
school in violation of this part after the child's school system or its delegate
notifies the parent, guardian, or other person who has control or charge of a
child of five unexcused days of absence for a child shall constitute a separate
offense. After two or more reasonable attempts to notify the parent, guardian,
or other person who has control or charge of a child of five unexcused days of
absence without response, the school system shall send a notice to such parent,
guardian, or other person by certified mail, return receipt requested, or first
class mail and upon doing so, the school system shall be considered to be in
compliance with this subsection.
(e)(f)
An unemancipated minor who is older than the age of mandatory attendance as
required in subsection (a) of this Code section who has not completed all
requirements for a high school diploma who wishes to withdraw from school shall
have the written permission of his or her parent or legal guardian prior to
withdrawing. Prior to accepting such permission, the school principal or
designee shall convene a conference with the child and parent or legal guardian
within two school days of receiving notice of the intent of the child to
withdraw from school. The principal or designee shall make a reasonable attempt
to share with the student and parent or guardian the educational options
available, including the opportunity to pursue a general educational development
(GED) diploma and the consequences of not having earned 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. Every local board of education shall adopt a policy on the
process of voluntary withdrawal of unemancipated minors who are older than the
mandatory attendance age. The policy shall be filed with the Department of
Education no later than January 1, 2007. The Department of Education shall
provide annually to all local school superintendents model forms for the parent
or guardian signature requirement contained in this subsection and updated
information from reliable sources relating to the consequences of withdrawing
from school without completing all requirements for a high school diploma. Such
form shall include information relating to the opportunity to pursue a general
educational development (GED) diploma and the consequences of not having earned
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. Each local school superintendent shall provide such
forms and information to all of its principals of schools serving grades six
through
twelve
12
for the principals to use during the required conference with the child and
parent or legal guardian.
(g)(1)
Any parent, guardian, or other person residing in this state who has control or
charge of a child or children and who shall fail to send such child or children
to a public school, a private school, or a home study program in accordance with
this Code section shall be guilty of a misdemeanor and, upon conviction thereof,
shall be subject to a fine not less than $25.00 and not greater than $100.00,
imprisonment not to exceed 30 days, community service, or any combination of
such penalties, at the discretion of the court having jurisdiction.
(2)
Any parent, guardian, or other person residing in this state who has control or
charge of a child or children and who shall fail to enroll such child or
children in a public school, a private school, or a home study program in
accordance with this Code section shall be guilty of a misdemeanor and, upon
conviction thereof, shall be subject to punishment as for a misdemeanor with the
exception that any imprisonment portion of the sentence shall not exceed 30
days.
(h)
Nothing in this Code section shall be construed to authorize the State Board of
Education, local boards of education, or any officers thereof or appropriate
enforcement agencies to impose any additional requirements on private schools or
home study programs beyond that specifically included in subsection (a) of this
Code section and in Code Section
20-2-690."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.