25 HB 217/AP
House Bill 217 (AS PASSED HOUSE AND SENATE)
By: Representatives Hong of the 103
rd
, Martin of the 49
th
, Erwin of the 32
nd
, Wade of the 9
th
,
and Ballard of the 147
th
A BILL TO BE ENTITLED
AN ACT
To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to
1
update provisions relating to ineligibility for election to a local board of education; to provide2
for the education savings authority to make limited disclosures to the Department of Revenue3
for purposes of verifying income as compared to income thresholds; to extend the Dual4
Achievement Program for an additional five years; to provide updated eligibility5
requirements for the program beginning July 1, 2026; to provide for continued eligibility for6
students already enrolled in the program; to provide for QBE funding and accountability7
assessments to be included in the program; to provide for policies, rules, and regulations; to8
provide for participation agreements; to provide for reporting; to provide for automatic9
repeal; to provide definitions; to provide for related matters; to repeal conflicting laws; and10
for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
Title 20 of the Official Code of Georgia Annotated, relating to education, is amended in14
Code Section 20-2-51, relating to election of local board of education members, persons15
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ineligible to be members of superintendent, ineligibility for local boards of education, and
16
ineligibility for other elective offices, by revising subparagraph (c)(4)(B) as follows:17
"(B) Notwithstanding subsection (b) of Code Section 20-2-244, in local school systems18
in which the initial fall
current enrollment count conducted in 2009 pursuant to Code19
Section 20-2-160 does not exceed a full-time equivalent count of 2,800, the State Board20
of Education shall be authorized to waive this paragraph upon the request of a local21
board of education or an individual attempting to qualify to run for local board of22
education member and in accordance with the provisions of subsections (d) and (e) of23
Code Section 20-2-244; provided, however, that prior to submitting any such request,24
the local board of education shall, upon its own initiative, or at the request of such25
individual attempting to qualify to run for local board of education member:26
(i) Provide 30 days' notice of the individual's intent to run for office; and27
(ii) Conduct a public hearing for the purpose of providing an opportunity for full28
discussion and public input on the issue of potential nepotism problems and other29
concerns with regard to such waiver. The public hearing shall be advertised at least30
seven days prior to the date of such hearing in a local newspaper of general31
circulation which shall be the same newspaper in which other legal announcements32
of the local board of education are advertised. The public hearing may be conducted33
in conjunction with a regular or called meeting of the local board or may be34
conducted independently, at the local board's discretion.35
The cost of such notice and public hearing shall be borne by the local board. The State36
Board of Education shall approve or deny a waiver request no later than 45 days after37
receipt of such waiver request, taking into consideration whether the benefit to the38
public would justify approval of the waiver. An approved waiver must be received by39
the local election superintendent prior to an individual's filing of a declaration or notice40
of candidacy in accordance with Article 4 of Chapter 2 of Title 21."41
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SECTION 2.
42
Said title is further amended in Code Section 20-2B-5, relating to powers of the education43
savings authority, by revising subsection (b) and by adding a new subsection to read as44
follows:45
"(b) Pursuant
Except as provided in subsection (d) of this Code section, pursuant to Code46
Section 50-18-70, the education savings authority shall not disclose and shall keep47
confidential, in each case unless identifying information has been redacted:48
(1) Records that include information identifying a student or former student by name,49
address except for ZIP Code, telephone number, or emergency contact; and50
(2) Records that reveal an individual's social security number, mother's birth name, credit51
card information, debit card information, bank account information, account number,52
utility account number, password used to access his or her account, financial data or53
information, insurance or medical information in all records, unlisted telephone number54
if so designated in a public record, personal email address or cellular telephone number,55
or month and day of birth."56
"(d) As necessary to enforce the provisions of this chapter, the education savings authority57
or its duly authorized agents may submit to the state revenue commissioner the names of58
applicants for promise scholarship accounts or account funds or other benefits or payments59
provided under this chapter, as well as the relevant income threshold specified therein. If60
the education savings authority elects to contract with the state revenue commissioner for61
such purposes, the state revenue commissioner and his or her agents or employees shall62
notify the education savings authority whether each submitted applicant's income exceeds63
the relevant income threshold provided. The education savings authority shall pay the state64
revenue commissioner for all costs incurred by the Department of Revenue pursuant to this65
subsection. No information shall be provided by the Department of Revenue to the66
education savings authority without an executed cooperative agreement between the two67
entities. Any tax information secured from the federal government by the Department of68
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Revenue pursuant to express provisions of Section 6103 of the Internal Revenue Code may69
not be disclosed by the Department of Revenue pursuant to this subsection. Any person70
receiving any tax information under the authority of this subsection is subject to the71
provisions of Code Section 48-7-60 and to all penalties provided under Code Section72
48-7-61 for unlawful divulging of confidential tax information."73
SECTION 3.74
Said title is further amended in Chapter 4, relating to vocational, technical, and adult75
education, by revising Article 6, relating to the Dual Achievement Program, as follows:76
"ARTICLE 677
20-4-140.78
As used in this article, the term:79
(1) 'Dual Achievement Program' or 'program' means the program provided for in this80
article.81
(2) 'Eligible student' means a student who meets the qualifications to participate in the82
program.83
(3) 'Extracurricular activities' and 'interscholastic activities' shall have the same84
respective meanings as set forth in Code Section 20-2-319.6.85
(4) 'QBE formula earnings' means funds earned for the Quality Basic Education Formula86
pursuant to Code Section 20-2-161 and shall include the portion of such funds that are87
calculated as the local five mill share in accordance with Code Section 20-2-164. QBE88
formula earnings shall include the salary portion of direct instructional costs, the89
adjustment for training and experience, the nonsalary portion of direct instructional costs,90
and earnings for psychologists and school social workers, school administration, facility91
maintenance and operation, media centers, and staff development, as determined by the92
Department of Education.93
(3)(5) 'State board' means the State Board of the Technical College System of Georgia.94
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(6) 'Resident school' means the public school in which an eligible student is or would be95
enrolled based on his or her primary residence.96
(7) 'Resident school system' means the public school system in which an eligible student 97
is or would be enrolled based on his or her primary residence.98
(4)(8) 'Technical college system' means the Technical College System of Georgia.99
20-4-141.100
(a)(1) The state board shall, in coordination with the State Board of Education,101
Department of Education, the Department of Juvenile Justice, the Department of102
Corrections, and the Office of Planning and Budget, establish a pilot program to allow103
students who meet eligibility requirements to qualify for enrollment in the Dual104
Achievement Program at a participating unit of the technical college system and, upon105
successful completion of the program, be awarded a high school diploma. The purpose106
of the pilot program is to assess the feasibility of implementing a state-funded program107
for eligible students who have withdrawn from high school to enroll in a unit of the108
technical college system to participate in an academic and technical education and109
training program which, upon successful completion, allows the student to earn a high110
school diploma while also earning a technical college associate degree, a technical111
college diploma, or technical college certificates of credit in specific career pathways.112
(2) To implement the pilot program, notwithstanding any other provision of law to the113
contrary, the State Board of the Technical College System of Georgia state board and the114
State Board of Education shall be authorized to waive or provide variances to state rules,115
regulations, policies, and procedures and to provisions of this title that may be reasonably116
necessary to meet the goals of the pilot program, including, but not limited to, such rules,117
regulations, policies, procedures, and provisions as relate to the calculation, allocation,118
and distribution of QBE formula earnings. Such waivers or variances shall automatically119
expire at the end of five ten years unless an earlier expiration is provided for. The State120
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Board of the Technical College System of Georgia state board and the State Board of121
Education shall be authorized to seek waivers or variances of federal laws, rules,122
regulations, policies, and procedures that may be reasonably necessary to meet the goals123
of the pilot program.124
(3) The pilot program, as determined by the state board, may include up to five units of125
the technical college system for a period of five ten years. In an effort to pilot the126
program under various conditions present in the state, the state board shall seek to include127
in the pilot program units of the technical college system from various geographic areas128
in the state.129
(4) The state board shall review the results of the pilot program and shall no later than130
February 1 November 15 each year during the program provide the General Assembly131
the Office and Planning and Budget and the chairpersons of the House Committee on132
Education, the Senate Education and Youth Committee, the House Committee on Higher133
Education, the Senate Higher Education Committee, the House Committee on134
Appropriations, and the Senate Appropriations Committee with a comprehensive report135
on the program with any recommendations for its continued use and any needed changes136
in the program. Such report shall include a comprehensive list of any such waivers or137
variances implemented or requested as provided for in paragraph (2) of this subsection,138
a statement of necessity for each waiver or variance, and with respect to any such139
requests, request, and whether each request was granted in whole or in part.140
(b) The pilot program established by the state board pursuant to this article shall provide141
for the award of a high school diploma by the state board to students who successfully142
complete the program.143
(c) The state board shall determine the specific competencies concerning the skills and144
knowledge needed for completion of each component of the program; provided, however,145
that the state board shall make such determination regarding the skills and knowledge146
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needed to meet the requirements for a high school diploma as provided for in this program
147
in consultation with the State Board of Education and the Department of Education.148
(d) In order to minimize the risk of prospective students prematurely withdrawing from
149
a secondary school in order to participate in the program, the The state board shall provide150
for preliminary review of academic records, including, but not limited to official secondary151
school transcripts, submitted by prospective students to determine whether such students152
meet the requirements provided for in paragraphs (1) and (2) of subsection (e) of this Code153
Section section. If a prospective student meets such requirements, the student shall be so154
notified and allowed to complete a readiness assessment required by the technical college155
system. Students who meet the requirements provided for in paragraphs (1) and (2) of156
subsection (e) of this Code Section section and attain a an acceptable score of admission157
acceptable on the readiness assessment shall be notified that they are eligible to participate158
in the program, subject to meeting the requirements provided for in the applicable159
paragraphs (4) and (5) of subsection (e) (f) of this Code Section section.160
(e) To be eligible to participate in the program, a student shall:161
(1) Be 16 years of age or older;162
(2) Have completed at least six of the nine following state required ninth and tenth grade163
level high school courses: two English courses, two mathematics courses, two science164
courses, two social studies courses, and one health and physical education course; and165
any state required tests associated with any such courses;166
(3) Receive a an acceptable score of admission acceptable on the readiness assessment167
required by the technical college system; and168
(4) Meet the requirements provided for in the applicable paragraph of subsection (f) of169
this Code section.170
(f)(1) Before July 1, 2026, to be eligible to participate in the program, a student shall be171
withdrawn from a public secondary school of this state, shall meet the requirements172
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provided for in subsection (e) of this Code section, and shall provide Provide the173
following:174
(A) If an unemancipated minor:175
(i) Verification that the student's parent or legal guardian attended a conference with176
the student's high school principal or the principal's designee as provided for in177
subsection (e) of Code Section 20-2-690.1;178
(ii) A copy of the form provided for in subsection (e) of Code Section 20-2-690.1179
signed by the student's parent or legal guardian;180
(iii) Written acknowledgment by the student's parent or guardian that withdrawal of181
the student from secondary school may result in loss of eligibility for182
accommodations, specialized instruction, and other services pursuant to the federal183
Individuals with Disabilities Education Act, 20 U.S.C.A. U.S.C. Section 1400, et seq.,184
and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. U.S.C. Section185
701, et seq.; and186
(iv) Written acknowledgment that the high school diploma available through the Dual187
Achievement Program requires successful completion of the program; or188
(B) If an emancipated minor or a student who is 18, 19, or 20 years of age:189
(i) Written acknowledgment that the student has conferred with his or her secondary190
school principal or the principal's designee or a qualified designated official of the191
technical college system and discussed alternatives to withdrawing from high school192
without completing graduation requirements and potential consequences of not having193
a high school diploma, including lower lifetime earnings, fewer jobs for which the194
student will be qualified, and the inability to avail oneself of higher educational195
opportunities;196
(ii) Written acknowledgment by the student's parent or guardian that withdrawal of197
the student from secondary school may result in loss of eligibility for198
accommodations, specialized instruction, and other services pursuant to the federal199
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Individuals with Disabilities Education Act, 20 U.S.C.A. U.S.C. Section 1400, et seq.,200
and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. U.S.C. Section201
701, et seq.; and202
(iii) Written acknowledgment that the high school diploma available through the203
Dual Achievement Program requires successful completion of the program; and.204
(5) Be withdrawn from a public secondary school of this state.205
(2) Beginning July 1, 2026, to be eligible to participate in the program, a student shall206
be enrolled in a public secondary school of this state, shall not have reached 21 years of207
age, shall meet the requirements provided for in subsection (e) of this Code section, and208
shall provide the following:209
(A) Written acknowledgment that such student shall not be eligible to participate in210
extracurricular activities or interscholastic activities under the sponsorship, direction,211
or control of such student's resident school or resident school system; and212
(B) Written acknowledgment that the high school diploma available through the Dual213
Achievement Program requires successful completion of the program.214
(g) Any student who is enrolled in the program on June 30, 2026, shall remain eligible to215
participate in the program according to the terms and conditions of such student's original216
eligibility to participate in the program.217
(h) By March 1, 2026, the State Board of Education shall adopt any policies, rules, or218
regulations that are necessary to ensure that any student who withdraws from his or her219
resident school or resident school system and subsequently wishes to participate in the220
program shall be permitted to re-enroll in such resident school or resident school system221
in order to participate in the program on and after July 1, 2026. Such policies, rules, and222
regulations shall provide for such students to complete such re-enrollment without having223
to appear at such resident school or resident school system. Upon collaboration with the224
state board, such policies, rules, and regulations may provide for such re-enrollment to be225
facilitated by the technical college system.226
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(f)(i) The state board shall award a high school diploma to a student enrolled in the227
program provided for in this article who:228
(1) Completes all student counseling and assessment requirements of the program;229
(2) Completes rigorous coursework at a participating unit of the technical college230
system; and231
(3) Completes:232
(A) A technical college associate degree program;233
(B) A technical college diploma program; or234
(C) At least two technical college certificate of credit programs in one specific career235
pathway.236
(g)(j) A student who meets the requirements of subsections (f) subsection (h) of this Code237
section shall be deemed to have met all graduation requirements of the State Board of238
Education and shall not be subject to any assessments otherwise required for purposes of239
graduation.240
(h)(k) The state board, in consultation with the State Board of Education, Department of241
Education, the Department of Juvenile Justice, the Department of Corrections, and the242
Office of Planning and Budget, shall establish rules and regulations to implement the243
provisions of this article.244
20-2-141.1.245
(a) By January 1, 2026, the State Board of Education, in collaboration with the state board,246
the Office of Planning and Budget, and the Office of Student Achievement, shall establish247
whatever policies, rules, and regulations are necessary to implement the requirements of248
this article, including, but not limited to, any such policies, rules, or regulations that are249
necessary to accurately account for each student who is participating in the program250
pursuant to paragraph (2) of subsection (f) of Code Section 20-4-141 in the counts required251
by Code Section 20-2-160.252
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(b) For each eligible student enrolled in the program on or after July 1, 2026, the State253
Board of Education shall pay to the state board an amount not less than a proportional share254
of QBE formula earnings, QBE grants, and federal funds earned by the resident school255
system for such eligible student. Such proportional share shall be calculated pro rata based256
on the number of one-sixth segments of the school day such eligible student attends at a257
participating unit of the technical college system.258
(c)(1) By April 1, 2026, and by April 1 each year thereafter, the state board and the State259
Board of Education shall publish on the public website of the technical college system260
a comprehensive list of courses at participating units of the technical college system that261
shall be counted towards high school diploma requirements and shall be considered a262
one-sixth segment of the school day for the purposes of this article. Once such a263
comprehensive list is published on the public website of the technical college system, it264
may only be revised upon written agreement by the state board and the State Board of265
Education detailing the reasons for each revision. In the event such comprehensive list266
is revised pursuant to such a written agreement, the comprehensive list published on the267
public website of the technical college system shall be updated immediately along with268
a copy of such written agreement.269
(2) Each revision to the comprehensive list required by paragraph (1) of this subsection270
shall be prospective, and no revision to such comprehensive list shall result in any271
adverse action for any student enrolled and in good standing at the time of such revision.272
(d) Beginning July 1, 2026, each resident school system with an eligible student who is273
participating in the program pursuant to paragraph (2) of subsection (f) of Code Section274
20-4-141 shall enter into a participation agreement with the state board agreeing that each275
such student:276
(1) Is enrolled in the resident school system and resident school for administrative277
purposes and for the purposes of education accountability assessment programs provided278
for in Article 2 of Chapter 14 of this title only; and279
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(2) Shall not be eligible to participate in extracurricular activities or interscholastic280
activities under the sponsorship, direction, or control of such student's resident school or281
resident school system.282
20-4-142.283
This article shall stand repealed on July 1, 2026 2031."284
SECTION 4.285
All laws and parts of laws in conflict with this Act are repealed.286
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