Georgia 2023-2024 Regular Session

Georgia House Bill HB111 Latest Draft

Bill / Introduced Version Filed 01/30/2023

                            23 LC 49 1086
H. B. 111
- 1 -
House Bill 111
By: Representatives Scott of the 76
th
, Beverly of the 143
rd
, Davis of the 87
th
, and Carter of
the 93
rd
 
A BILL TO BE ENTITLED
AN ACT
To amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia
1
Annotated, relating to financing under the "Quality Basic Education Act," so as to provide2
for a pilot program to implement the student based funding recommendations of the 20153
Education Reform Commission; to mandate pre-kindergarten and kindergarten for all4
children prior to entering first grade; to include mandatory pre-kindergarten programs in the5
student based allocation of state funds; to provide for selection criteria; to provide for6
temporary waivers and variances of state rules and statutory provisions; to provide for annual7
reports; to provide for automatic repeal; to provide for related matters; to repeal conflicting8
laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,12
relating to financing under the "Quality Basic Education Act," is amended by adding a new13
Code section to read as follows:14 23 LC 49 1086
H. B. 111
- 2 -
"20-2-172.15
(a)  The State Board of Education shall, in coordination with the Office of Planning and16
Budget, establish a pilot program to employ an alternative student funding formula in up17
to six local school systems for a period of four years.  The purposes of the pilot program18
are to assess the feasibility of:19
(1)  Implementing the recommendation of the 2015 Education Reform Commission to20
establish a simpler, more flexible, and transparent student based mechanism for allocating21
state education funds;22
(2)  Mandating pre-kindergarten and kindergarten for all children prior to entering first23
grade; and24
(3)  Including state funding for mandatory pre-kindergarten programs in the student based25
allocation of state funds provided for in this Code section.26
(b)  The State Board of Education shall evaluate applications from local school systems to27
participate in the program based on the following factors:28
(1)  In an effort to pilot the alternative student based funding formula in various types of29
local school systems represented in the state, the State Board of Education shall seek to30
include:31
(A)  Local school systems of varying student enrollment sizes;32
(B)  Local school systems in rural, suburban, and urban areas of the state; and33
(C)  Local school systems in various geographic areas of the state;34
(2)  Capability of a local school system to participate in the pilot program for its duration;35
(3)  The level of innovation proposed by a local school system to utilize the flexibility36
that will be afforded pursuant to the pilot program; and37
(4)  Other factors deemed appropriate by the State Board of Education.38
(c)  The pilot program, as determined by the State Board of Education, shall provide for the39
implementation of a state funded, student based funding formula for grades40
pre-kindergarten through twelve consisting of a base student amount, weighted student41 23 LC 49 1086
H. B. 111
- 3 -
characteristics, and categorical grants, consistent with the recommendations of the 201542
Education Reform Commission.  The funding formula shall be student based determined43
by enrollment; provided, however, that the State Board of Education may provide for a44
transition from full-time equivalent student counts, as necessary.  The general education45
program in grades six through eight shall be the base program.  The amount of funds46
needed by each student in the base program, in order that such program can be sufficiently47
funded to provide education to all enrolled students, shall be known as the 'base amount.'48
The General Assembly shall annually establish through the General Appropriations Act the49
base amount to be used each year.  An additional amount shall be added to the base amount50
for each student based on identifiable characteristics.  An individual student may have51
multiple identifiable characteristics and shall earn funding based on each identifiable52
characteristic.  The following identifiable characteristic weights shall be multiplied by the53
base amount for each identifiable characteristic of the student:54
(1)  Students enrolled in pre-kindergarten through grade three...55	0.2872 weight 
(2)  Students enrolled in grades four and five................56	0.0800 weight 
(3)  Students enrolled in grades nine through 12..............57	0.0822 weight 
(4)  Career, technical, and agricultural education students......58	0.0502 weight 
(5)  Students with disabilities – Category A..................59	0.4089 weight 
(6)  Students with disabilities – Category B..................60	0.7099 weight 
(7)  Students with disabilities – Category C..................61	1.7762 weight 
(8)  Students with disabilities – Category D..................62	2.4710 weight 
(9)  Students with disabilities – Category E..................63	4.8947 weight 
(10)  Students identified as intellectually gifted...............64	0.3231 weight 
(11)  Economically disadvantaged students..................65	0.0970 weight 
(12)  English for speakers of other languages (ESOL) program66
students..............................................67	0.1937 weight  23 LC 49 1086
H. B. 111
- 4 -
The State Board of Education shall establish criteria, based on the recommendations of the68
2015 Education Reform Commission, for how identifiable characteristics of students are69
defined and may work with the local school systems in the pilot program to update such70
definitions as needed to make improvements and establish any new reporting mechanism71
necessary to implement the student based funding formula.  The General Assembly shall72
annually, through the General Appropriations Act, provide appropriate funding for the local73
school systems participating in the pilot program.  The local school systems in the pilot74
program may use the earned funds flexibly to meet the needs of their students in75
accordance with their strategic waivers school system contract.76
(d)(1)  To participate in the pilot program, a local school system shall ensure that all77
pre-kindergarten and kindergarten programs:78
(A)  Are staffed by highly qualified teachers and administrators by no later than the79
start of the second year of the pilot program;80
(B)  Include free breakfast and lunch for all students; and81
(C)  Include transportation services.82
(2)  A local school system may provide for pre-kindergarten and kindergarten programs83
within the local school system's educational facilities, as defined in Code Section84
20-2-260, or by partnering with early care and education program providers regulated by85
the Department of Early Care and Learning pursuant to Chapter 1A of this title, or by a86
combination thereof; provided, however, that a local school system that partners with87
early care and education program providers regulated by the Department of Early Care88
and Learning shall, by the end of the second year of the pilot program, submit to the State89
Board of Education a detailed plan for the timely transition of all pre-kindergarten90
programs to the local school system's educational facilities.91
(e)  To participate in the pilot program, a local school system must be a strategic waivers92
school system.93 23 LC 49 1086
H. B. 111
- 5 -
(f)  The State Board of Education shall, in coordination with the Office of Planning and94
Budget, develop an application process and seek applications from schools and local school95
systems no later than January 1, 2024.  The pilot program shall be implemented as soon as96
practicable, but in no event later than the 2024-2025 school year.97
(g)  To implement the pilot program, notwithstanding any other provision of law to the98
contrary, the State Board of Education shall be authorized to waive or provide variances99
to state rules, regulations, policies, and procedures and to provisions of this chapter that100
may be reasonably necessary to meet the goals of the pilot program, including, but not101
limited to, Parts 4 and 5 of this article and any corresponding rule promulgated by the State102
Board of Education.103
(h)  The State Board of Education shall be authorized to establish any reporting104
requirements on the local school systems participating in the pilot program.105
(i)  The State Board of Education, in coordination with the Office of Planning and Budget,106
shall monitor and annually assess the status of the pilot program with cooperation and input107
from the local school systems participating in the pilot program.  On or before December108
31 of each year, the State Board of Education shall provide an annual report to the109
chairpersons of the Senate Education and Youth Committee, the House Committee on110
Education, and the education subcommittees of the Senate Appropriations Committee and111
the House Committee on Appropriations on the progress to date of the pilot program,112
feedback from the local school systems participating in the pilot program, recommended113
changes to the pilot program, and outlook of the pilot program.114
(j)  This Code section shall stand repealed in its entirety on July 1, 2028."115
SECTION 2.116
All laws and parts of laws in conflict with this Act are repealed.117