| 1 | 1 | | 25 LC 61 9002 |
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| 2 | 2 | | House Bill 740 |
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| 3 | 3 | | By: Representatives Scott of the 76 |
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| 4 | 4 | | th |
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| 5 | 5 | | , Davis of the 87 |
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| 6 | 6 | | th |
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| 7 | 7 | | , and Schofield of the 63 |
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| 8 | 8 | | rd |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the |
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| 13 | 13 | | 1 |
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| 14 | 14 | | "Quality Basic Education Act," so as to provide for development of promotional standards2 |
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| 15 | 15 | | and criteria for first grade readiness by the Department of Education; to provide for3 |
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| 16 | 16 | | placement and promotion policies for kindergarten and grades one and two; to provide for4 |
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| 17 | 17 | | a timetable for implementation; to provide a short title; to provide for related matters; to5 |
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| 18 | 18 | | repeal conflicting laws; and for other purposes.6 |
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| 19 | 19 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 |
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| 20 | 20 | | SECTION 1.8 |
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| 21 | 21 | | This Act shall be known and may be cited as the "Stop Social Promotion Act."9 |
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| 22 | 22 | | SECTION 2.10 |
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| 23 | 23 | | Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality11 |
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| 24 | 24 | | Basic Education Act," is amended in Code Section 20-2-151, relating to general and career12 |
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| 25 | 25 | | education programs, purpose, and authorized programs, by revising paragraph (2) of13 |
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| 26 | 26 | | subsection (b) as follows:14 |
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| 27 | 27 | | H. B. 740 |
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| 28 | 28 | | - 1 - 25 LC 61 9002 |
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| 29 | 29 | | "(2) It is the policy of this state that the purpose of the primary grades program shall be |
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| 30 | 30 | | 15 |
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| 31 | 31 | | mastery by enrolled students of the essential basic skills and knowledge which will16 |
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| 32 | 32 | | enable them to achieve more advanced skills and knowledge offered at the higher grade17 |
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| 33 | 33 | | levels. For purposes of funding under this article, the primary grades program shall18 |
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| 34 | 34 | | include grades one, two, and three. To be eligible for enrollment in the first grade of a19 |
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| 35 | 35 | | state supported primary grades program, a child must attain the age of six by September20 |
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| 36 | 36 | | 1, except as otherwise provided by subsection (b) of Code Section 20-2-150. The State21 |
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| 37 | 37 | | Board of Education shall adopt an instrument or instruments, procedures, and policies22 |
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| 38 | 38 | | necessary to assess the first grade readiness of children enrolled in Georgia's public23 |
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| 39 | 39 | | school kindergarten programs pursuant to Code Section 20-2-281. Readiness information |
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| 40 | 40 | | 24 |
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| 41 | 41 | | obtained by the instrument or instruments adopted by the state board shall be used by25 |
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| 42 | 42 | | local school systems in concert with teacher recommendations and other relevant26 |
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| 43 | 43 | | information to make appropriate student grade placement decisions. The Department of27 |
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| 44 | 44 | | Education shall develop guidelines for utilization of the instrument or instruments in28 |
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| 45 | 45 | | grade placement decisions and shall provide such guidelines to local school systems. 29 |
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| 46 | 46 | | Readiness information obtained by the instrument or instruments adopted by the state30 |
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| 47 | 47 | | board shall be used by the Department of Education to develop promotional standards31 |
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| 48 | 48 | | and criteria for first grade readiness. Such promotional standards and criteria shall be32 |
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| 49 | 49 | | provided to local school systems. The guidelines promotional standards and criteria shall33 |
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| 50 | 50 | | include information pertinent to consideration of the placement of students who have34 |
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| 51 | 51 | | been identified as being disabled or limited-English-proficient. Whenever the decision35 |
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| 52 | 52 | | is made not to promote a child to the first grade, the local school system shall document36 |
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| 53 | 53 | | the reasons for the decision not to promote, according to guidelines promotional37 |
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| 54 | 54 | | standards and criteria established by the board Department of Education. The State38 |
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| 55 | 55 | | School Superintendent may annually provide a report summarizing the results of the39 |
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| 56 | 56 | | readiness of first grade Georgia public school kindergarten children. No student shall40 |
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| 57 | 57 | | remain in kindergarten for more than two years;"41 |
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| 58 | 58 | | H. B. 740 |
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| 59 | 59 | | - 2 - 25 LC 61 9002 |
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| 60 | 60 | | SECTION 3. |
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| 61 | 61 | | 42 |
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| 62 | 62 | | Said article is further amended in Part 12, relating to the effectiveness of educational43 |
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| 63 | 63 | | programs, by revising Code Section 20-2-283, relating to criteria, specific requirements for44 |
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| 64 | 64 | | students in grades three, five, and eight, and implementation, as follows:45 |
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| 65 | 65 | | "20-2-283.46 |
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| 66 | 66 | | (a)(1) |
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| 67 | 67 | | No later than January 1, 2002, the State Board of Education shall adopt criteria for47 |
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| 68 | 68 | | the development of a placement and promotion policy by each local board of education48 |
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| 69 | 69 | | consistent with the Georgia Academic Placement and Promotion Policy with respect to49 |
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| 70 | 70 | | grades three, five, and eight.50 |
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| 71 | 71 | | (2) No later than January 1, 2026, the State Board of Education shall adopt criteria for51 |
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| 72 | 72 | | the development of a placement and promotion policy by each local board of education52 |
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| 73 | 73 | | consistent with the Georgia Academic Placement and Promotion Policy with respect to53 |
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| 74 | 74 | | kindergarten and grades one and two.54 |
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| 75 | 75 | | (b) Such criteria as adopted by the State Board of Education shall require the following for55 |
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| 76 | 76 | | students in kindergarten and grades one, two, three, five, and eight:56 |
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| 77 | 77 | | (1) No student shall be promoted, except as provided in this Code section, to:57 |
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| 78 | 78 | | (A) The first grade program to which the student would otherwise be assigned if the58 |
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| 79 | 79 | | student does not meet the promotional standards and criteria for first grade readiness59 |
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| 80 | 80 | | developed by the Department of Education in accordance with Code Section 20-2-151;60 |
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| 81 | 81 | | (B) The second grade program to which the student would otherwise be assigned if the61 |
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| 82 | 82 | | student does not achieve grade level as defined by the Office of Student Achievement62 |
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| 83 | 83 | | in accordance with Code Section 20-14-31 on the first grade end-of-grade reading63 |
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| 84 | 84 | | assessment developed in accordance with subsection (a) of Code Section 20-2-281 and64 |
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| 85 | 85 | | meet the promotional standards and criteria established by the State Board of Education65 |
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| 86 | 86 | | and by the local school board for the school that the student attends;66 |
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| 87 | 87 | | (C) The third grade program to which the student would otherwise be assigned if the67 |
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| 88 | 88 | | student does not achieve grade level as defined by the Office of Student Achievement68 |
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| 89 | 89 | | H. B. 740 |
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| 90 | 90 | | - 3 - 25 LC 61 9002 |
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| 91 | 91 | | in accordance with Code Section 20-14-31 on the second grade end-of-grade reading69 |
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| 92 | 92 | | assessment developed in accordance with subsection (a) of Code Section 20-2-281 and70 |
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| 93 | 93 | | meet the promotional standards and criteria established by the State Board of Education71 |
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| 94 | 94 | | and by the local school board for the school that the student attends;72 |
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| 95 | 95 | | (A)(D) The fourth grade program to which the student would otherwise be assigned if73 |
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| 96 | 96 | | the student does not achieve grade level as defined by the Office of Student74 |
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| 97 | 97 | | Achievement in accordance with Code Section 20-14-31 on the third grade75 |
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| 98 | 98 | | end-of-grade reading assessment developed in accordance with subsection (a) of Code76 |
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| 99 | 99 | | Section 20-2-281 and meet the promotional standards and criteria established by the77 |
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| 100 | 100 | | State Board of Education and by the local school board for the school that the student78 |
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| 101 | 101 | | attends;79 |
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| 102 | 102 | | (B)(E) The sixth grade program to which the student would otherwise be assigned if80 |
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| 103 | 103 | | the student does not achieve grade level as defined by the Office of Student81 |
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| 104 | 104 | | Achievement in accordance with Code Section 20-14-31 on the fifth grade end-of-grade82 |
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| 105 | 105 | | mathematics assessment and fifth grade end-of-grade reading assessment developed in83 |
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| 106 | 106 | | accordance with subsection (a) of Code Section 20-2-281 and meet the promotional84 |
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| 107 | 107 | | standards and criteria established by the State Board of Education and by the local85 |
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| 108 | 108 | | school board for the school that the student attends; or86 |
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| 109 | 109 | | (C)(F) The ninth grade program to which the student would otherwise be assigned if87 |
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| 110 | 110 | | the student does not achieve grade level as defined by the Office of Student88 |
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| 111 | 111 | | Achievement in accordance with Code Section 20-14-31 on the eighth grade89 |
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| 112 | 112 | | end-of-grade mathematics assessment and eighth grade end-of-grade reading90 |
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| 113 | 113 | | assessment developed in accordance with subsection (a) of Code Section 20-2-281 and91 |
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| 114 | 114 | | meet the promotional standards and criteria established by the State Board of Education92 |
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| 115 | 115 | | and by the local school board for the school that the student attends;93 |
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| 116 | 116 | | (2) When a student does not perform at grade level on any end-of-grade assessment94 |
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| 117 | 117 | | specified in paragraph (1) of this subsection, then the following shall occur:95 |
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| 118 | 118 | | H. B. 740 |
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| 119 | 119 | | - 4 - 25 LC 61 9002 |
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| 120 | 120 | | (A) The parent or guardian of the student shall be notified in writing by first-class mail |
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| 121 | 121 | | 96 |
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| 122 | 122 | | by the school principal or such official's designee regarding the student's performance97 |
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| 123 | 123 | | below grade level on the assessment instrument, the retest to be given the student, the98 |
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| 124 | 124 | | accelerated, differentiated, or additional instruction program to which the student is99 |
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| 125 | 125 | | assigned, and the possibility that the student might be retained at the same grade level100 |
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| 126 | 126 | | for the next school year;101 |
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| 127 | 127 | | (B) The student shall be retested with an end-of-grade assessment or an alternative102 |
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| 128 | 128 | | assessment instrument that is appropriate for the student's grade level as provided for103 |
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| 129 | 129 | | by the State Board of Education and the local board of education; and104 |
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| 130 | 130 | | (C) The student shall be given an opportunity for accelerated, differentiated, or105 |
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| 131 | 131 | | additional instruction in the applicable subject; and106 |
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| 132 | 132 | | (3) When a student does not perform at grade level on any end-of-grade assessment107 |
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| 133 | 133 | | specified in paragraph (1) of this subsection and also does not perform at grade level on108 |
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| 134 | 134 | | a second additional opportunity as provided for in paragraph (2) of this subsection, |
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| 135 | 135 | | then109 |
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| 136 | 136 | | the following shall occur:110 |
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| 137 | 137 | | (A) The school principal or the principal's designee shall retain the student for the next111 |
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| 138 | 138 | | school year except as otherwise provided in this subsection;112 |
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| 139 | 139 | | (B) The school principal or the principal's designee shall notify in writing by first-class113 |
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| 140 | 140 | | mail the parent or guardian of the student and the teacher regarding the decision to114 |
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| 141 | 141 | | retain the student. The notice shall describe the option of the parent, guardian, or115 |
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| 142 | 142 | | teacher to appeal the decision to retain the student and shall further describe the116 |
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| 143 | 143 | | composition and functions of the placement committee as provided for in this117 |
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| 144 | 144 | | subsection, including the requirement that a decision to promote the student must be a118 |
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| 145 | 145 | | unanimous decision of the committee;119 |
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| 146 | 146 | | (C) If the parent, guardian, or teacher appeals the decision to retain the student, then120 |
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| 147 | 147 | | the school principal or designee shall establish a placement committee composed of the121 |
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| 148 | 148 | | principal or the principal's designee, the student's parent or guardian, and the teacher122 |
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| 149 | 149 | | H. B. 740 |
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| 150 | 150 | | - 5 - 25 LC 61 9002 |
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| 151 | 151 | | of the subject of the assessment instrument on which the student failed to perform at |
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| 152 | 152 | | 123 |
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| 153 | 153 | | grade level and shall notify in writing by first-class mail the parent or guardian of the124 |
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| 154 | 154 | | time and place for convening the placement committee;125 |
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| 155 | 155 | | (D) The placement committee shall:126 |
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| 156 | 156 | | (i) Review the overall academic achievement of the student in light of the127 |
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| 157 | 157 | | performance on the end-of-grade assessment and the standards and criteria as adopted128 |
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| 158 | 158 | | by the local board of education and make a determination to promote or retain. A129 |
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| 159 | 159 | | decision to promote must be a unanimous decision and must determine that if130 |
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| 160 | 160 | | promoted and given accelerated, differentiated, or additional instruction during the131 |
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| 161 | 161 | | next year, the student is likely to perform at grade level as defined by the Office of132 |
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| 162 | 162 | | Student Achievement in accordance with Code Section 20-14-31 by the conclusion133 |
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| 163 | 163 | | of the school year; and134 |
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| 164 | 164 | | (ii) Prescribe for the student, whether the student is retained or promoted, such135 |
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| 165 | 165 | | accelerated, differentiated, or additional instruction as needed to perform at grade136 |
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| 166 | 166 | | level by the conclusion of the subsequent school year, |
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| 167 | 167 | | ; prescribe such additional137 |
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| 168 | 168 | | assessments as may be appropriate in addition to assessments administered to other138 |
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| 169 | 169 | | students at the grade level during the year,; and provide for a plan of continuous139 |
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| 170 | 170 | | assessment during the subsequent school year in order to monitor the progress of the140 |
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| 171 | 171 | | student;141 |
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| 172 | 172 | | (E) For students receiving special education or related services, the Individualized142 |
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| 173 | 173 | | Education Plan Committee shall serve as the placement committee; and143 |
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| 174 | 174 | | (F) The decision of the placement committee may be appealed only as provided for by144 |
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| 175 | 175 | | the local board of education.145 |
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| 176 | 176 | | (c) This Code section does not preclude the retention by the school principal or the146 |
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| 177 | 177 | | principal's designee of a student who performs satisfactorily on the end-of-grade147 |
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| 178 | 178 | | assessments specified in paragraph (1) of subsection (b) of this Code section as provided148 |
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| 179 | 179 | | for by the local board of education.149 |
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| 180 | 180 | | H. B. 740 |
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| 181 | 181 | | - 6 - 25 LC 61 9002 |
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| 182 | 182 | | (d) This Code section does not create a property interest in promotion. |
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| 183 | 183 | | 150 |
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| 184 | 184 | | (e) The State Board of Education shall establish policies and procedures for151 |
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| 185 | 185 | | implementation of this Code section."152 |
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| 186 | 186 | | SECTION 4.153 |
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| 187 | 187 | | Said article is further amended by revising Code Section 20-2-284, relating to criteria for154 |
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| 188 | 188 | | local boards of education and model placement and promotion policy, as follows:155 |
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| 189 | 189 | | "20-2-284.156 |
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| 190 | 190 | | (a) No later than July 1, 2003, each local board of education shall develop and adopt a157 |
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| 191 | 191 | | placement and promotion policy in accordance with the criteria established by the State158 |
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| 192 | 192 | | Board of Education as provided in Code Section 20-2-283 with respect to grades three, |
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| 193 | 193 | | 159 |
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| 194 | 194 | | five, and eight and consistent with the Georgia Academic Placement and Promotion Policy.160 |
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| 195 | 195 | | (b) No later than July 1, 2026, each local board of education shall develop and adopt a161 |
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| 196 | 196 | | placement and promotion policy in accordance with the criteria established by the State162 |
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| 197 | 197 | | Board of Education as provided in Code Section 20-2-283 with respect to kindergarten and163 |
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| 198 | 198 | | grades one and two and consistent with the Georgia Academic Placement and Promotion164 |
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| 199 | 199 | | Policy. Except for those end-of-grade assessments specified in Code Section 20-2-283, the165 |
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| 200 | 200 | | placement and promotion policy as developed and adopted by each local board of166 |
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| 201 | 201 | | education shall state how the end-of-grade assessments administered under Code Section167 |
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| 202 | 202 | | 20-2-281 for grades one through eight will be weighted or otherwise utilized by the school168 |
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| 203 | 203 | | principal or the principal's designee in determining the overall academic achievement of169 |
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| 204 | 204 | | a student and an appropriate plan of accelerated, differentiated, or additional instruction,170 |
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| 205 | 205 | | placement, promotion, or retention of a student.171 |
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| 206 | 206 | | (c) To assist each local board of education, the State Board of Education shall develop a172 |
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| 207 | 207 | | model placement and promotion policy which may be utilized by a local board of173 |
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| 208 | 208 | | education."174 |
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| 209 | 209 | | H. B. 740 |
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| 210 | 210 | | - 7 - 25 LC 61 9002 |
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| 211 | 211 | | SECTION 5. |
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| 212 | 212 | | 175 |
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| 213 | 213 | | Said article is further amended by revising Code Section 20-2-285, relating to timetable for176 |
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| 214 | 214 | | implementation of policy, as follows:177 |
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| 215 | 215 | | "20-2-285.178 |
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| 216 | 216 | | The State Board of Education shall provide for a timetable of implementation of this Code179 |
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| 217 | 217 | | section and the Georgia Academic Placement and Promotion Policy which shall include:180 |
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| 218 | 218 | | (1) Kindergarten beginning with the 2026-2027 school year; |
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| 219 | 219 | | 181 |
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| 220 | 220 | | (2) The first grade beginning with the 2027-2028 school year;182 |
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| 221 | 221 | | (3) The second grade beginning with the 2028-2029 school year;183 |
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| 222 | 222 | | (4) The third grade beginning with the 2003-2004 school year;184 |
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| 223 | 223 | | (2)(5) The fifth grade beginning with the 2004-2005 school year; and185 |
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| 224 | 224 | | (3)(6) The eighth grade beginning with the 2005-2006 school year."186 |
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| 225 | 225 | | SECTION 6.187 |
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| 226 | 226 | | All laws and parts of laws in conflict with this Act are repealed.188 |
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| 227 | 227 | | H. B. 740 |
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| 228 | 228 | | - 8 - |
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