25 LC 49 2050
House Bill 917
By: Representatives Jones of the 25
th
and Hilton of the 48
th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to
1
elementary and secondary education, so as to provide generally for open enrollment2
processes for students to transfer between local school systems and between schools within3
local school systems; to provide for rules, regulations, and policies; to prohibit4
discrimination; to prohibit charging tuition for transfers between local school systems,5
subject to an exception; to provide for appeals of denials of transfer requests; to provide for6
the submission and publication of reports; to revise the calculations for equalization grants;7
to provide for related matters; to provide for an effective date; to repeal conflicting laws; and8
for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
SECTION 1.11
Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and12
secondary education, is amended in Part 4 of Article 6, relating to financing under the13
"Quality Basic Education Act," by revising subsection (b) of Code Section 20-2-165, relating14
to equalization grants, annual calculations, and allocation, as follows:15
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"(b)(1) Except as provided in paragraph (2) of this subsection, the The State Board of16
Education shall annually calculate the equalization grant for each qualified local school17
system in the following manner:18
(1)(A) Subtract the assessed valuation per weighted full-time equivalent count for the19
local school system from the guaranteed valuation;20
(2)(B) Divide the difference resulting from paragraph (1) subparagraph (A) of this21
subsection paragraph by 1,000;22
(3)(C) Subtract five from the effective millage rate for the local school system and use23
the resulting number of effective mills or 15 effective mills, whichever is less, as the24
number of effective mills to be equalized;25
(4)(D) Multiply the quotient resulting from paragraph (2) subparagraph (B) of this26
subsection paragraph by the number of effective mills to be equalized pursuant to27
paragraph (3) subparagraph (C) of this subsection paragraph; and28
(5)(D) Multiply the product resulting from paragraph (4) subparagraph (D) of this29
subsection paragraph by the most recent weighted full-time equivalent count for the30
local school system.31
The resulting amount shall be the equalization grant for the ensuing fiscal year.; provided,32
however, that for each local school system33
(2)(A) Except as provided in paragraph (1) of this subsection, the State Board of34
Education shall annually calculate the equalization grant for each qualified local school35
system which serves under contract all of the students in one or more grade levels from36
an adjoining another local school system. The and for each local school system which37
sends under contract all of the students in one or more grade levels to an adjoining38
system, the equalization grant shall be calculated to represent the amount that would be39
earned if the students transferred under said contract were included in the full-time40
equivalent counts of the local school system in which they reside.; provided, further,41
that any42
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(B) Any equalization grant to be earned by a local school system sending students to43
another system under the provisions of such a contract shall be reduced by an amount44
which represents the equalization funds earned per weighted full-time equivalent45
student multiplied by the total weighted full-time equivalent count for students46
transferred, and any equalization grant to be earned by the local school system47
receiving students under said contract shall be increased by the same amount; provided,48
however, that the total amount of state and local revenue per full-time equivalent49
student of such local school system shall not be decreased to less than $10,000.00 by50
operation of this subparagraph."51
SECTION 2.52
Said chapter is further amended in Part 13 of Article 6, relating to organization of schools53
and systems under the "Quality Basic Education Act," by revising Code Section 20-2-293,54
relating to student attending school in system other than system of student's residence, as55
follows:56
"20-2-293.57
(a)(1) The provisions of this article and other statutes to the contrary notwithstanding, the58
State Board of Education shall provide a an open enrollment procedure whereby a student59
shall be permitted to attend and to be included as an enrolled student in the public schools60
of a local unit of administration school system other than the local unit of administration61
school system wherein the student resides for the purpose of allotting state funds under this62
article, notwithstanding absence of an agreement between the two local units and a refusal63
by the board of education of the local unit wherein the student resides to approve64
voluntarily such transfer of the student to the public schools of the other local unit;65
provided, however, that the board of education of the local unit is willing to receive and to66
permit such student to enroll in and to attend the public schools of such local unit school67
systems. The state board State Board of Education shall adopt such rules, regulations, and68
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policies as may be necessary for implementation of this Code section, which shall include,69
but shall not be limited to, rules, regulations, and policies for the appeals process provided70
for in subsection (d) of this Code section. Grant or refusal of permission for students to71
attend such schools, for the purpose of permitting state funds to follow such students, shall72
be subject only to approval of the enrolling student and the local unit of administration in73
which the student seeks to enroll. Local units of administration may contract with each74
other for the care, education, and transportation of students and for such other activities as75
they may be authorized by law to perform.76
(2) Beginning July 1, 2026, and continuing thereafter, if a local unit of administration77
enrolls a student pursuant to paragraph (1) of this subsection and requires the student to78
pay tuition, the amount of tuition such local unit of administration may charge to such79
student shall not exceed total revenues less federal revenues less state revenues per80
full-time equivalent student for the local unit of administration that enrolls such student.81
(b) Each local school system shall implement an open enrollment process as provided for82
in this Code section. The board of education of each local school system shall adopt83
policies to govern the process for open enrollment. Such policies shall:84
(1) Prohibit discrimination against any transferring student on the basis of his or her85
residential address, ability, disability, race, ethnicity, sex, or socioeconomic status;86
(2) Include basic information that is needed to request enrollment and that is consistent87
with guidance and state and federal law regarding student privacy and civil rights;88
(3) Include information regarding the provision of transportation or resources for89
transportation;90
(4) Be posted to the local school system's public website; and91
(5) Be available in English and in any other language used by a majority of the student92
populations served by each school of the local school system.93
(c) Each local school system shall receive and enroll transferring students who apply94
through the open enrollment process provided for in this Code section unless there is95
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insufficient space available in the school to which such transferring student is applying. 96
Each local school system shall determine for each of its schools the enrollment capacity of97
each grade level and post the number of vacancies for each grade on its public website by98
the first day of each month. Each local school system shall measure only the capacity by99
grade level and shall not measure capacity by specialized program. Schools shall accept100
student transfers throughout the school year as capacity allows.101
(d) Within 45 calendar days of the initial application to enroll in a school pursuant to the102
open enrollment process provided for in this Code section, the local school system to which103
the student is applying shall notify the parent or guardian of such student whether the open104
enrollment transfer application is approved or denied. For each open enrollment transfer105
application that is denied by a local school system:106
(1) The local school system shall notify the parent or guardian of the student of the107
denial in writing within five calendar days of the decision;108
(2) The parent or guardian of the student shall be entitled to appeal the denial to the State109
Board of Education within ten calendar days of receiving the written notification of the110
denial by submitting to the State Board of Education and the local school superintendent111
of the local school system that denied the open enrollment transfer application a written112
notice of appeal on a form prescribed by the State Board of Education;113
(3) The appeal provided for in paragraph (2) of this subsection shall be considered by the114
State Board of Education at its next regularly scheduled meeting, where the appealing115
parent or guardian and a representative from the local school system that denied the open116
enrollment transfer application shall be permitted to address the State Board of117
Education.118
(e) If the number of students applying for enrollment in a school pursuant to the open119
enrollment process provided for in this Code section exceeds the number of spaces that are120
available, the local school system shall determine which such applicants to enroll on the121
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basis of a lottery system; provided, however, that schools of choice within a local school122
system that have lottery enrollment policies shall not be subject to this subsection.123
(f) Each local school system shall report annually to the State School Superintendent the124
number of students who reside in the local school system who transferred to another local125
school system pursuant to the open enrollment process provided for in this Code section126
and the number of open enrollment applications that such local school system received,127
approved, and denied, along with the reason for each denial. The State School128
Superintendent shall publish such data annually on the Department of Education's public129
website.130
(g)(1) Except as provided in paragraph (2) of this subsection, no local school system131
shall charge tuition for any transferring student enrolled in a school of such local school132
system pursuant to the open enrollment process provided for in this Code section.133
(2) Each local school system that enrolls a student pursuant to the open enrollment134
process provided for in this Code section and exclusively provides virtual instruction to135
such student shall be permitted to charge tuition for such student; provided, however, that136
the amount of such tuition shall not exceed an amount equal to two-thirds of total137
revenues less federal revenues less state revenues per full-time equivalent student for138
such local school system.139
(h) Notwithstanding the provisions of subsection (a) of this Code section or any other140
general law, and except as provided by the General Assembly by local law, a student shall141
be allowed to attend and be enrolled in the school in which a parent or guardian of such142
student is a full-time teacher, paraprofessional, or other employee, notwithstanding the fact143
that such school is not located in the local unit of administration in which such student144
resides. Each local unit of administration shall be authorized to allow a student to attend145
and be enrolled in the school in which a parent or guardian of such student is a part-time146
teacher, paraprofessional, or other employee who works for at least 20 hours per school147
week on average measured monthly, notwithstanding the fact that such school is not148
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located in the local unit of administration in which such student resides. Each local unit
149
of administration of this state shall provide procedures to implement the provisions of this150
subsection."151
SECTION 3.152
Said chapter is further amended in Article 34, relating to intradistrict transfers, by revising153
Code Section 20-2-2131, relating to enrollment of students in school to which not originally154
assigned, procedure, annual notification, and exception, as follows:155
"20-2-2131.156
(a)(1) Beginning in school year 2009-2010, the parent of a student enrolled in a public157
elementary or secondary school in this state may elect to enroll such student in a public158
school that is located within the school system in which the student resides other than the159
one to which the student has been assigned by the local board of education if such school160
has classroom space available after its assigned students have been enrolled. The parent161
shall assume the responsibility and cost of transportation of the student to and from the162
school. If the number of students seeking to enroll in a school pursuant to the open
163
enrollment process provided for in this Code section exceeds the number of spaces that164
are available, the local school system shall determine which such students to enroll on the165
basis of a lottery system.166
(2) No later than July 1, 2009, each local school system shall establish a universal,167
streamlined open enrollment process available to all students to implement the transfer168
requirements of paragraph (1) of this subsection.169
(3) A student who transfers to another school pursuant to the open enrollment process170
provided for in this subsection Code section may, at his or her election, continue to attend171
such school until the student completes all grades of the school.172
(4) This subsection Code section shall not be construed to affect any student currently173
attending a school other than the school to which the student has been assigned by the174
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local board of education pursuant to a an authorized transfer authorized under the federal175
No Child Left Behind Act (P.L. 107-110).176
(5) No student shall be denied an opportunity to transfer schools pursuant to the open177
enrollment process provided for in this Code section on the basis of his or her residential178
address, ability, disability, race, ethnicity, sex, or socioeconomic status.179
(b) The department shall establish a model universal, streamlined process to implement180
the transfer provisions of this Code section. Each local board of education shall adopt a181
universal, streamlined transfer open enrollment process that includes, at a minimum, such182
state model. Such local process shall include a deadline for submitting transfer requests183
an annual determination of the enrollment capacity of each of its schools for each grade184
level and the number of vacancies for each grade, which shall be posted on the local school185
system's public website by the first day of each month. A local school system shall186
measure only the capacity by grade level and shall not measure capacity by specialized187
program. Schools shall accept student transfers throughout the school year as capacity188
allows.189
(c) Each local school system shall annually notify prior to each school year the parents of190
each student by letter, by electronic means, or by such other reasonable means in a timely191
manner of the options available to parents under this article, including all relevant dates and192
deadlines. As a part of such annual notification process, each local school system shall193
post in a prominent location on its public website the information required pursuant to this194
Code section.195
(d) Within 45 calendar days of the initial application to enroll in a school pursuant to the196
open enrollment process provided for in this Code section, the local school system to which197
the student is applying shall notify the parent of such student whether the transfer request198
is approved or denied. For each open enrollment transfer request that is denied by a local199
school system:200
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(1) The local school system shall notify the parent of the student of the denial in writing201
within five calendar days of the decision;202
(2) The parent of the student shall be entitled to appeal the denial to the State Board of203
Education within ten calendar days of receiving the written notification of the denial by204
submitting to the State Board of Education and the local school superintendent of the205
local school system that denied the open enrollment transfer request a written notice of206
appeal on a form prescribed by the State Board of Education;207
(3) The appeal provided for in paragraph (2) of this subsection shall be considered by the208
State Board of Education at its next regularly scheduled meeting, where the appealing209
parent and a representative from the local school system that denied the open enrollment210
transfer request shall be permitted to address the State Board of Education.211
The local school system shall notify parents by July 1 of each year which schools have212
available space and to which of these schools parents may choose to request a transfer for213
their children.214
(e) This Code section shall not apply to charter schools; provided, however, that each local215
board of education shall adopt a universal, streamlined transfer process that allows for216
transfers pursuant to paragraph (2) of subsection (d) of Code Section 20-2-2066.217
(f) This Code section shall not apply to newly opened schools with available classroom218
space for a period of four years after the school opens.219
(g) Each local school system shall report annually to the State School Superintendent the220
number of students who reside in the local school system who transferred to another school221
within such local school system pursuant to the open enrollment process provided for in222
this Code section and the number of transfer requests that such local school system223
received, approved, and denied, along with the reason for each denial. The State School224
Superintendent shall publish such data annually on the Department of Education's public225
website."226
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SECTION 4.
227
This Act shall become effective on July 1, 2025.228
SECTION 5.229
All laws and parts of laws in conflict with this Act are repealed.230
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