25 LC 49 2214
Senate Bill 123
By: Senators Kennedy of the 18th, Hickman of the 4th, Hatchett of the 50th, Gooch of the
51st, Robertson of the 29th and others
A BILL TO BE ENTITLED
AN ACT
To amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20, relating to compulsory
1
attendance, so as to update and revise provisions of the state's compulsory school attendance2
laws; to provide that no student shall be expelled by a public school due solely to3
absenteeism; to require each student attendance and school climate committee to meet no4
later than November 1, 2025, and at least twice annually thereafter; to require such5
committees to adopt certain protocols by June 1, 2026; to authorize such committees to6
address chronic absenteeism; to provide for reporting requirements; to provide for7
definitions; to require local boards of education adopt policies and procedures for attendance8
review teams and intervention plans for chronically absent students; to provide for attendance9
review teams; to provide for reports; to repeal and reenact provisions for students to be10
excused from school for taking tests and physical exams for military service; to update11
statutory language and make conforming changes; to amend Code Section 20-4-141 of the12
Official Code of Georgia Annotated, relating to establishment of pilot program, awarding of13
high school diploma to successful participants, skills and knowledge, eligibility for14
participation, and regulation, so as to make conforming changes; to provide for related15
matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.16
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17
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SECTION 1.
18
Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20, relating to compulsory attendance,19
is amended by revising paragraph (7) of subsection (f) of Code Section 20-2-690, relating20
to educational entities, requirements for private schools and home study programs, and21
learning pod protection, as follows:22
"(7) Participation in a learning pod to facilitate a remote learning option offered by the23
student's primary education provider shall satisfy all mandatory
compulsory attendance24
requirements provided for in Code Section 20-2-690.1."25
SECTION 2.26
Said subpart is further amended by revising Code Section 20-2-690.1, relating to mandatory27
education for children between ages six and 16, as follows:28
"20-2-690.1.29
(a) As used in this subpart, the terms 'parent' and 'parent or guardian' shall mean a30
biological parent, legal guardian, custodian, or other person with legal authority to act on31
behalf of a child.32
(b) Mandatory attendance in a public school, private school, or home school program shall33
be required for children Each child in this state shall be required to attend a public school,34
a private school, or a home study program between their his or her sixth and sixteenth35
birthdays. Such mandatory compulsory attendance shall not be required where the apply36
to any child who has successfully completed all requirements for a high school diploma or37
state approved high school equivalency (HSE) diploma.38
(b)(c)(1) Every parent or guardian, guardian, or other person residing within this state39
having control or charge of any child or children during the ages of mandatory40
compulsory attendance as required provided for in subsection (a) (b) of this Code section41
shall enroll and send such child or children to a public school, a private school, or a home42
study program that meets the requirements for a public school, a private school, or a43
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home study program; and such child shall be responsible for enrolling in and attending
44
a
such public school, a private school, or a home study program that meets the45
requirements for a public school, a private school, or a home study program under such46
penalty for noncompliance with this subsection as is provided in Chapter 11 of Title 15,47
unless the such child's failure to enroll and attend is caused by the child's his or her48
parent, or guardian, or other person, in which case the such parent, or guardian, or other49
person alone shall be responsible; provided, however, that tests and physical exams for50
military service and the National Guard and such other approved absences shall be51
excused absences.52
(2)(A) The requirements of this subsection shall apply to a each child during the ages53
of mandatory compulsory attendance as required provided for in subsection (a) (b) of54
this Code section who has been assigned by a local board of education or its delegate55
to attend an alternative public school education program established by that such local56
board of education, including an alternative public school education program provided57
for in Code Section 20-2-154.1, regardless of whether such child has been suspended58
or expelled from another public school program by that such local board of education59
or its delegate, and to the parent, or guardian, or other person residing in this state who60
has control or charge of such child.61
(B) Nothing in this Code section paragraph shall be construed to require a local board62
of education or its delegate to assign a child to attend an alternative public school63
education program rather than suspending or expelling the child.64
(3) The compulsory attendance provided for in subsection (b) of this Code section shall65
not apply for any school day, or any portion of a school day, that a student misses due to66
an exemption, as provided for in Code Section 20-2-693; an excused absence, as provided67
for in Code Sections 20-2-692.1 and 20-2-692.4; or any reason provided for in Code68
Sections 20-2-692, 20-2-692.2, and 20-2-692.3.69
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(4) No student shall be expelled from a public school in this state due solely to such70
student's absences from school.71
(c)(d)(1) Any parent, or guardian, or other person residing in this state who has control72
or charge of a child or children and who violates this Code section shall be guilty of a73
misdemeanor and, upon conviction thereof, shall be subject to a fine of not less74
than $25.00 and not greater than $100.00, imprisonment not to exceed 30 days,75
community service, or any combination of such penalties, at the discretion of the court76
having jurisdiction. Each day's absence from school in violation of this part Code section77
after the child's school system notifies the parent, or guardian, or other person who has78
control or charge of a child of five unexcused days of absence for a child shall constitute79
a separate offense.80
(2) After two reasonable attempts to notify the parent, or guardian, or other person who81
has control or charge of a child of five unexcused days of absence without response, the82
school system shall send a notice to such parent, or guardian, or other person by certified83
mail, return receipt requested, or first-class mail.84
(3) Prior to any action to commence judicial proceedings to impose a penalty for85
violating this subsection on a parent, or guardian, or other person residing in this state86
who has control or charge of a child or children, a school system shall send a notice to87
such parent, or guardian, or other person by certified mail, return receipt requested.88
(4) Public schools shall provide to the parent, or guardian, or other person having89
control or charge of each child enrolled in public school a written summary of possible90
consequences and penalties for failing to comply with compulsory attendance under this91
Code section for children and their parents, or guardians, or other persons having control92
or charge of children. The parent, or guardian, or other person who has control or charge93
of a child or children shall sign a statement indicating receipt of such written statement94
of possible consequences and penalties; children who are age ten years or older by95
September 1 shall sign a statement indicating receipt of such written statement of possible96
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consequences and penalties. After two reasonable attempts by the school to secure such
97
signature or signatures, the school shall be considered to be in compliance with this98
subsection if it sends a copy of the statement, via certified mail, return receipt requested,99
or first-class mail, to such parent, guardian, or other person
parent or guardian who has100
control or charge of a child or children. Public schools shall retain signed copies of101
statements through the end of the school year.102
(d)(e) Local school superintendents in the case of private schools, the Department of103
Education in the case of home study programs, and visiting teachers and attendance104
officers in the case of public schools shall have authority and it shall be their duty to file105
proceedings in court to enforce this subpart. The Department of Education shall coordinate106
with local school superintendents with respect to attendance records and notification for107
students in home study programs.108
(e)(f)(1) An unemancipated minor who is older than the age of mandatory compulsory109
attendance as required provided for in subsection (a) (b) of this Code section who has not110
completed all requirements for a high school diploma or a state approved high school111
equivalency (HSE) diploma who wishes to withdraw from school shall have the not be112
permitted to withdraw from school without written permission of his or her parent or113
legal guardian prior to withdrawing such withdrawal. Prior to accepting such permission,114
the school principal or designee shall convene a conference with the child and parent or115
legal guardian within two school days of receiving notice of the intent of the child to116
withdraw from school. The principal or designee shall make a reasonable attempt to117
share with the student and parent or guardian the educational options available, including118
the opportunity to pursue a state approved high school equivalency (HSE) diploma and119
the consequences of not having earned a high school diploma, including lower lifetime120
earnings, fewer jobs for which the student will be qualified, and the inability to avail121
oneself of higher educational opportunities information provided by the Department of122
Education as required in paragraph (2) of this subsection.123
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(2) Each Every local board of education shall adopt a policy on the process of voluntary124
withdrawal of unemancipated minors who are older than the mandatory attendance age125
of compulsory attendance as provide for in subsection (b) of this Code section. The Such126
policy shall be filed with the Department of Education no later than January 1, 2007. The127
Department of Education shall provide annually to all local school superintendents model128
forms for the parent or guardian signature requirement contained in this subsection and129
updated information from reliable sources relating to the consequences of withdrawing130
from school without completing all requirements for a high school diploma. Such model131
form shall include information relating to the opportunity to pursue a state approved high132
school equivalency (HSE) diploma and the consequences of not having earned a high133
school diploma, including lower lifetime earnings, fewer jobs for which the student will134
be qualified, and the inability to avail oneself of higher educational opportunities. Such135
model form shall also include information regarding potential loss of eligibility for136
accommodations, specialized instruction, and other services pursuant to the federal137
Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., and138
Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. Section 701, et seq.139
Each local school superintendent shall provide such model forms and information to all140
of its principals of schools serving grades six through twelve for the principals to use141
during the required conference with the child and parent or legal guardian required in142
paragraph (1) of this subsection."143
SECTION 3.144
Said subpart is further amended by revising subsections (a), (e), and (g) and adding a new145
subsection to Code Section 20-2-690.2, relating to establishment of student attendance and146
school climate committee, membership, summary of penalties for failure to comply, review147
and policy recommendations, and reporting, to read as follows:148
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"(a) The chief judge of the superior court of each county shall establish a student
149
attendance and school climate committee for such county. The purpose of the committee150
shall be to ensure coordination and cooperation among officials, agencies, and programs151
involved in compulsory attendance issues, to reduce the number of unexcused absences152
from school, to increase the percentage of students present to take tests which are required153
to be administered under the laws of this state, to reduce the number of students who are
154
chronically absent as such term is defined in Code Section 20-2-690.3, and to improve the155
school climate in each school. The chief judge is responsible for ensuring that all members156
of the committee are notified of their responsibility to the committee and shall call the first157
meeting of the committee in each county. The committee shall elect a chairperson and may158
elect other officers."159
"(e)(1) Each committee shall, by June 1, 2005 2026, adopt a written student attendance160
protocol for its county school system and for each independent for each local school161
system within its geographic boundaries which shall be filed with the Department of162
Education. The protocol shall outline in detail the procedures to be used in identifying,163
reporting, investigating, and prosecuting cases of alleged violations of compulsory164
attendance requirements provided for in Code Section 20-2-690.1, relating to mandatory165
school attendance. The protocol shall outline in detail methods for determining the166
causes of failing to comply with compulsory attendance and appropriately addressing the167
issue with children and their parents or guardians. The protocol shall also include168
recommendations for policies relating to tardiness and chronic absenteeism. The169
Department of Education shall provide model school attendance protocols, if requested170
by the committee.171
(2) A copy of the protocol shall be furnished to each agency, official, or program within172
the county that has any responsibility in assisting children and their parents or guardians173
in complying with Code Section 20-2-690.1.174
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(3) The committee shall write the summary of possible consequences and penalties for
175
failing to comply with compulsory attendance under Code Section 20-2-690.1 for176
children and their parents, guardians, or other persons
parents or guardians who have177
control or charge of children for distribution by schools in accordance with Code Section178
20-2-690.1. The summary of possible consequences for children shall include possible179
dispositions for children in need of services and possible denial of a driver's license for180
a child in accordance with Code Section 40-5-22."181
"(g) The chief judge of the superior court of each county shall ensure that the committee182
meets no later than November 1, 2025, and at least twice annually thereafter to evaluate183
compliance with the protocol, effectiveness of the protocol, and appropriate modifications184
and to review and revise, if necessary, recommendations relating to school climate."185
"(i) Beginning in 2026, by November 1 of each even-numbered year the Department of186
Education shall submit to the chairpersons of the House Committee on Education and the187
Senate Education and Youth Committee a county-by-county report of compliance with the188
requirements of this Code section. Such report shall also include the student attendance189
rates and aggregated student discipline data submitted by each local board of education as190
required in subsection (h) of this Code section for the three most recently completed 191
school years. Such report shall be posted on the Department of Education's public192
website."193
SECTION 4.194
Said subpart is further amended by adding a new Code section to read as follows:195
"20-2-690.3.196
(a) As used in this subpart, the term:197
(1) 'Attendance review team' means a team of individuals provided for in subsection (c)198
of this Code section.199
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(2) 'Chronically absent' means the attendance status of a student whose total number of200
absences, whether excused or unexcused, at any time during a school year is equal to or201
greater than 10 percent of the total number of school days that such student has been202
enrolled at the same school or within the same local school system during the current203
school year excepting such student's first day of enrollment.204
(3) 'Local school system chronic absenteeism rate' means the number of students enrolled205
in a local school system who were chronically absent during the previous school year206
divided by the total number of students enrolled in such local school system during such207
school year.208
(4) 'School chronic absenteeism rate' means the number of students enrolled in a school209
who were chronically absent during the previous school year divided by the total number210
of students enrolled in such school during such school year.211
(b)(1) Each local school system shall establish policies and procedures to effectively and212
continuously identify and provide appropriate supports to students who are chronically213
absent or at risk of becoming chronically absent, including, but not limited to, policies214
and procedures for attendance review teams and for intervention plans for such students215
and their parents or guardians.216
(2) Each local school system that:217
(A) Has a local school system chronic absenteeism rate of 10 percent or higher shall218
establish an attendance review team for the local school system; and219
(B) Has one or more schools with a school chronic absenteeism rate of 15 percent or220
higher shall establish an attendance review team for each such school.221
(c)(1) Each attendance review team established under the Code section shall meet at least222
once monthly and shall be responsible for reviewing the individual cases of students who223
are chronically absent and developing intervention plans for such students and their224
parents or guardians; provided, however, that a local school system attendance review225
team shall be authorized to work in conjunction with school attendance review teams.226
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(2) Attendance review teams established under this subsection may consist of school227
administrators, school counselors, school social workers, teachers, other school228
personnel, and the parents or guardians of such students who are chronically absent."229
SECTION 5.230
Said subpart is further amended by in Code Section 20-2-692.1, relating to excused absences231
for days missed to visit with parent or legal guardian in the military prior to deployment or232
while on leave, and attendance at military affairs sponsored events, by replacing "parent or233
legal guardian" with "parent or guardian" wherever the former term appears and by replacing234
"parent's or legal guardian's" with "parent's or guardian's" wherever the former term appears.235
SECTION 6.236
Said subpart is further amended by adding a new Code section to read as follows:237
"20-2-692.4.238
A student taking tests and physical exams for military service in the armed forces of the239
United States and the National Guard shall be credited as present by the school and shall240
not be counted as an absence, either excused or unexcused, for any day, portion of a day,241
or days missed from school."242
SECTION 7.243
Said subpart is further amended by revising Code Section 20-2-693, relating to exemptions,244
as follows:245
"20-2-693.246
(a) Children during the ages of mandatory compulsory attendance as required provided for247
in subsection (a) (b) of Code Section 20-2-690.1 who are excused from attendance in248
public school by county or independent school system boards the local board of education249
in accordance with general policies and regulations required by law or promulgated by the250
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State Board of Education shall be exempt from this subpart. The state board, in
251
promulgating its general policies and regulations, shall take into consideration sickness and252
other emergencies which may arise in any school community.253
(b) Children during the ages of mandatory
compulsory attendance as required provided for254
in subsection (a) (b) of Code Section 20-2-690.1 who are excused from attendance at255
private schools or home study programs for sickness or emergencies or for other reasons256
substantially the same as the reasons for excused absences from attendance at public school257
authorized by law or state board policy pursuant to subsection (a) of this Code section shall258
be exempt from this subpart."259
SECTION 8.260
Said subpart is further amended by in Code Section 20-2-699, relating to disposition of261
children taken into custody, by replacing "parent, guardian, or other person having control262
or charge of the child" with "parent or guardian" wherever the former term appears.263
SECTION 9.264
Code Section 20-4-141 of the Official Code of Georgia Annotated, relating to establishment265
of pilot program, awarding of high school diploma to successful participants, skills and266
knowledge, eligibility for participation, and regulation, by replacing "subsection (e) of Code267
Section 20-2-690.1" with "subsection (f) of Code Section 20-2-690.1" wherever the former268
terms appears.269
SECTION 10.270
This Act shall become effective on July 1, 2025.271
SECTION 11.272
All laws and parts of laws in conflict with this Act are repealed.273
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