25 LC 61 9002
House Bill 740
By: Representatives Scott of the 76
th
, Davis of the 87
th
, and Schofield of the 63
rd
A BILL TO BE ENTITLED
AN ACT
To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the
1
"Quality Basic Education Act," so as to provide for development of promotional standards2
and criteria for first grade readiness by the Department of Education; to provide for3
placement and promotion policies for kindergarten and grades one and two; to provide for4
a timetable for implementation; to provide a short title; to provide for related matters; to5
repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
This Act shall be known and may be cited as the "Stop Social Promotion Act."9
SECTION 2.10
Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, the "Quality11
Basic Education Act," is amended in Code Section 20-2-151, relating to general and career12
education programs, purpose, and authorized programs, by revising paragraph (2) of13
subsection (b) as follows:14
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"(2) It is the policy of this state that the purpose of the primary grades program shall be
15
mastery by enrolled students of the essential basic skills and knowledge which will16
enable them to achieve more advanced skills and knowledge offered at the higher grade17
levels. For purposes of funding under this article, the primary grades program shall18
include grades one, two, and three. To be eligible for enrollment in the first grade of a19
state supported primary grades program, a child must attain the age of six by September20
1, except as otherwise provided by subsection (b) of Code Section 20-2-150. The State21
Board of Education shall adopt an instrument or instruments, procedures, and policies22
necessary to assess the first grade readiness of children enrolled in Georgia's public23
school kindergarten programs pursuant to Code Section 20-2-281. Readiness information
24
obtained by the instrument or instruments adopted by the state board shall be used by25
local school systems in concert with teacher recommendations and other relevant26
information to make appropriate student grade placement decisions. The Department of27
Education shall develop guidelines for utilization of the instrument or instruments in28
grade placement decisions and shall provide such guidelines to local school systems. 29
Readiness information obtained by the instrument or instruments adopted by the state30
board shall be used by the Department of Education to develop promotional standards31
and criteria for first grade readiness. Such promotional standards and criteria shall be32
provided to local school systems. The guidelines promotional standards and criteria shall33
include information pertinent to consideration of the placement of students who have34
been identified as being disabled or limited-English-proficient. Whenever the decision35
is made not to promote a child to the first grade, the local school system shall document36
the reasons for the decision not to promote, according to guidelines promotional37
standards and criteria established by the board Department of Education. The State38
School Superintendent may annually provide a report summarizing the results of the39
readiness of first grade Georgia public school kindergarten children. No student shall40
remain in kindergarten for more than two years;"41
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SECTION 3.
42
Said article is further amended in Part 12, relating to the effectiveness of educational43
programs, by revising Code Section 20-2-283, relating to criteria, specific requirements for44
students in grades three, five, and eight, and implementation, as follows:45
"20-2-283.46
(a)(1)
No later than January 1, 2002, the State Board of Education shall adopt criteria for47
the development of a placement and promotion policy by each local board of education48
consistent with the Georgia Academic Placement and Promotion Policy with respect to49
grades three, five, and eight.50
(2) No later than January 1, 2026, the State Board of Education shall adopt criteria for51
the development of a placement and promotion policy by each local board of education52
consistent with the Georgia Academic Placement and Promotion Policy with respect to53
kindergarten and grades one and two.54
(b) Such criteria as adopted by the State Board of Education shall require the following for55
students in kindergarten and grades one, two, three, five, and eight:56
(1) No student shall be promoted, except as provided in this Code section, to:57
(A) The first grade program to which the student would otherwise be assigned if the58
student does not meet the promotional standards and criteria for first grade readiness59
developed by the Department of Education in accordance with Code Section 20-2-151;60
(B) The second grade program to which the student would otherwise be assigned if the61
student does not achieve grade level as defined by the Office of Student Achievement62
in accordance with Code Section 20-14-31 on the first grade end-of-grade reading63
assessment developed in accordance with subsection (a) of Code Section 20-2-281 and64
meet the promotional standards and criteria established by the State Board of Education65
and by the local school board for the school that the student attends;66
(C) The third grade program to which the student would otherwise be assigned if the67
student does not achieve grade level as defined by the Office of Student Achievement68
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in accordance with Code Section 20-14-31 on the second grade end-of-grade reading69
assessment developed in accordance with subsection (a) of Code Section 20-2-281 and70
meet the promotional standards and criteria established by the State Board of Education71
and by the local school board for the school that the student attends;72
(A)(D) The fourth grade program to which the student would otherwise be assigned if73
the student does not achieve grade level as defined by the Office of Student74
Achievement in accordance with Code Section 20-14-31 on the third grade75
end-of-grade reading assessment developed in accordance with subsection (a) of Code76
Section 20-2-281 and meet the promotional standards and criteria established by the77
State Board of Education and by the local school board for the school that the student78
attends;79
(B)(E) The sixth grade program to which the student would otherwise be assigned if80
the student does not achieve grade level as defined by the Office of Student81
Achievement in accordance with Code Section 20-14-31 on the fifth grade end-of-grade82
mathematics assessment and fifth grade end-of-grade reading assessment developed in83
accordance with subsection (a) of Code Section 20-2-281 and meet the promotional84
standards and criteria established by the State Board of Education and by the local85
school board for the school that the student attends; or86
(C)(F) The ninth grade program to which the student would otherwise be assigned if87
the student does not achieve grade level as defined by the Office of Student88
Achievement in accordance with Code Section 20-14-31 on the eighth grade89
end-of-grade mathematics assessment and eighth grade end-of-grade reading90
assessment developed in accordance with subsection (a) of Code Section 20-2-281 and91
meet the promotional standards and criteria established by the State Board of Education92
and by the local school board for the school that the student attends;93
(2) When a student does not perform at grade level on any end-of-grade assessment94
specified in paragraph (1) of this subsection, then the following shall occur:95
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(A) The parent or guardian of the student shall be notified in writing by first-class mail
96
by the school principal or such official's designee regarding the student's performance97
below grade level on the assessment instrument, the retest to be given the student, the98
accelerated, differentiated, or additional instruction program to which the student is99
assigned, and the possibility that the student might be retained at the same grade level100
for the next school year;101
(B) The student shall be retested with an end-of-grade assessment or an alternative102
assessment instrument that is appropriate for the student's grade level as provided for103
by the State Board of Education and the local board of education; and104
(C) The student shall be given an opportunity for accelerated, differentiated, or105
additional instruction in the applicable subject; and106
(3) When a student does not perform at grade level on any end-of-grade assessment107
specified in paragraph (1) of this subsection and also does not perform at grade level on108
a second additional opportunity as provided for in paragraph (2) of this subsection,
then109
the following shall occur:110
(A) The school principal or the principal's designee shall retain the student for the next111
school year except as otherwise provided in this subsection;112
(B) The school principal or the principal's designee shall notify in writing by first-class113
mail the parent or guardian of the student and the teacher regarding the decision to114
retain the student. The notice shall describe the option of the parent, guardian, or115
teacher to appeal the decision to retain the student and shall further describe the116
composition and functions of the placement committee as provided for in this117
subsection, including the requirement that a decision to promote the student must be a118
unanimous decision of the committee;119
(C) If the parent, guardian, or teacher appeals the decision to retain the student, then120
the school principal or designee shall establish a placement committee composed of the121
principal or the principal's designee, the student's parent or guardian, and the teacher122
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of the subject of the assessment instrument on which the student failed to perform at
123
grade level and shall notify in writing by first-class mail the parent or guardian of the124
time and place for convening the placement committee;125
(D) The placement committee shall:126
(i) Review the overall academic achievement of the student in light of the127
performance on the end-of-grade assessment and the standards and criteria as adopted128
by the local board of education and make a determination to promote or retain. A129
decision to promote must be a unanimous decision and must determine that if130
promoted and given accelerated, differentiated, or additional instruction during the131
next year, the student is likely to perform at grade level as defined by the Office of132
Student Achievement in accordance with Code Section 20-14-31 by the conclusion133
of the school year; and134
(ii) Prescribe for the student, whether the student is retained or promoted, such135
accelerated, differentiated, or additional instruction as needed to perform at grade136
level by the conclusion of the subsequent school year,
; prescribe such additional137
assessments as may be appropriate in addition to assessments administered to other138
students at the grade level during the year,; and provide for a plan of continuous139
assessment during the subsequent school year in order to monitor the progress of the140
student;141
(E) For students receiving special education or related services, the Individualized142
Education Plan Committee shall serve as the placement committee; and143
(F) The decision of the placement committee may be appealed only as provided for by144
the local board of education.145
(c) This Code section does not preclude the retention by the school principal or the146
principal's designee of a student who performs satisfactorily on the end-of-grade147
assessments specified in paragraph (1) of subsection (b) of this Code section as provided148
for by the local board of education.149
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(d) This Code section does not create a property interest in promotion.
150
(e) The State Board of Education shall establish policies and procedures for151
implementation of this Code section."152
SECTION 4.153
Said article is further amended by revising Code Section 20-2-284, relating to criteria for154
local boards of education and model placement and promotion policy, as follows:155
"20-2-284.156
(a) No later than July 1, 2003, each local board of education shall develop and adopt a157
placement and promotion policy in accordance with the criteria established by the State158
Board of Education as provided in Code Section 20-2-283 with respect to grades three,
159
five, and eight and consistent with the Georgia Academic Placement and Promotion Policy.160
(b) No later than July 1, 2026, each local board of education shall develop and adopt a161
placement and promotion policy in accordance with the criteria established by the State162
Board of Education as provided in Code Section 20-2-283 with respect to kindergarten and163
grades one and two and consistent with the Georgia Academic Placement and Promotion164
Policy. Except for those end-of-grade assessments specified in Code Section 20-2-283, the165
placement and promotion policy as developed and adopted by each local board of166
education shall state how the end-of-grade assessments administered under Code Section167
20-2-281 for grades one through eight will be weighted or otherwise utilized by the school168
principal or the principal's designee in determining the overall academic achievement of169
a student and an appropriate plan of accelerated, differentiated, or additional instruction,170
placement, promotion, or retention of a student.171
(c) To assist each local board of education, the State Board of Education shall develop a172
model placement and promotion policy which may be utilized by a local board of173
education."174
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SECTION 5.
175
Said article is further amended by revising Code Section 20-2-285, relating to timetable for176
implementation of policy, as follows:177
"20-2-285.178
The State Board of Education shall provide for a timetable of implementation of this Code179
section and the Georgia Academic Placement and Promotion Policy which shall include:180
(1) Kindergarten beginning with the 2026-2027 school year;
181
(2) The first grade beginning with the 2027-2028 school year;182
(3) The second grade beginning with the 2028-2029 school year;183
(4) The third grade beginning with the 2003-2004 school year;184
(2)(5) The fifth grade beginning with the 2004-2005 school year; and185
(3)(6) The eighth grade beginning with the 2005-2006 school year."186
SECTION 6.187
All laws and parts of laws in conflict with this Act are repealed.188
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