Georgia 2023-2024 Regular Session

Georgia House Bill HB3 Latest Draft

Bill / Prefiled Version Filed 04/03/2023

                            LC 49 1046
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A BILL TO BE ENTITLED
AN ACT
To amend Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia1
Annotated, relating to program weights and funding requirements under the "Quality Basic2
Education Act," so as to provide for grants by the State Board of Education to local units of3
administration to support students living in poverty; to provide for definitions; to require the4
State Board of Education to develop rules and regulations; to provide for the calculation of5
grant amounts; to provide that a minimum required portion of grant funds must be used by6
local units of administration for direct program expenditures for the benefit of the students7
living in poverty; to provide for a short title; to provide for related matters; to repeal8
conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
This Act shall be known and may be cited as the "Support for Students Living in Poverty12
Act."13 LC 49 1046
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SECTION 2.14
Part 5 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated,15
relating to program weights and funding requirements under the "Quality Basic Education16
Act," is amended by revising Code Section 20-2-189, relating to migrant student grants for17
schools, as follows:18
"20-2-189.19
(a)  As used in this Code section, the term:20
(1)  'Foster care student' means a student enrolled in a public school who is placed in a21
foster family home, child care institution, or another substitute care setting approved by22
the Department of Human Services.23
(2)  'Homeless student' means a student enrolled in a public school who meets the24
definition of the term 'homeless children and youths' under the federal McKinney-Vento25
Homeless Assistance Act, codified at 42 U.S.C. Section 11301, et seq., in force and effect26
on January 1, 2023.27
(3)  'Migrant student' means 'migrant student' means a child who is a student enrolled in28
a public school and who has, within 12 months prior to first becoming a student in such29
school, moved across state or school district lines with a migrant parent or guardian to30
enable the child, the child's parent or guardian, or a member of the child's immediate31
family to obtain temporary or seasonal employment in an agricultural or fishing activity.32
(4)  'Student living in poverty' means a student enrolled in a public school who meets one33
or more of the following criteria:34
(A)  Lives in a family unit directly certified to be receiving Supplemental Nutrition35
Assistance Program (SNAP) benefits;36
(B)  Lives in a family unit directly certified to be receiving Temporary Assistance for37
Needy Families (TANF) benefits;38
(C)  Is a homeless student;39
(D)  Is a foster care student; or40 LC 49 1046
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(E)  Is a migrant student.41
(b)  The State Board of Education shall provide grants to qualified local units of42
administration for the purpose of supplementing services and instruction to currently43
enrolled migrant students living in poverty, subject to appropriation by the General44
Assembly.  Such grants shall be provided beyond those funds to which local units of45
administration otherwise are entitled by the provisions of this article and other statutes.46
The State Department Board of Education by regulation shall establish rules and47
regulations relating to the manner in which a local unit of administration must demonstrate48
that any of its schools meets the eligibility requirements of this subsection it is eligible to49
receive a grant under this Code section.50
(c)  Grants under this Code section shall be subject to appropriation by the General51
Assembly. The Department of Education shall calculate the grant amount for a each local52
unit of administration to be used for a school thereof under this Code section shall be53
determined by multiplying the total appropriation for such grants by a fraction, the54
numerator of which is the average number of eligible migrant students enrolling in that55
school after the final FTE count as required in subsection (a) of Code Section 20-2-160 but56
prior to the end of the same academic year and the denominator of which is the average57
total number of eligible migrant students enrolling after the final FTE count as required in58
subsection (a) of Code Section 20-2-160 but prior to the end of the same academic year in59
all local units in the entire state number of students living in poverty enrolled in such local60
unit of administration as of the date of the initial enrollment count each year as set forth in61
Code Section 20-2-160 by an amount equal to 25 percent of the base amount calculated as62
set forth in Code Section 20-2-161.  At least 90 percent of the grant funds received by a63
local unit under this Code section shall be used for direct program expenditures at the64
school for the benefit of the students living in poverty for which the grant is computed65
under this subsection Code section.  Any portion of that 90 percent not so expended shall66
be returned to the State Department Board of Education."67 LC 49 1046
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SECTION 3.68
All laws and parts of laws in conflict with this Act are repealed.69