SUMMARY:

Provides options for parents to enroll their child in another school within the local school system, a school in another local system, or in a private school.  Public school students wishing to attend private schools may be eligible to receive a voucher from public funds.

REQUIREMENTS:

• Parents of Georgia public school students may request a transfer for the student to attend another public school within the resident school system. 
  • The receiving school has sole discretion as whether the student is accepted.  
  • The school council is required to adopt policy related to acceptance of transfer of students from another school from within the system.
  • Parents are responsible for transportation.
  • Parents of students transferring to another school within the system are required to sign a contract with the receiving school agreeing that the parent and student will abide by all school rules and procedures.
    • Violation of such rules or procedures may result in being removed from the school.
  • Students accepted for transfer may attend the school until the student completes all grades of the school, graduates, or reaches the age of 20.
• Parents of Georgia public school students may request a transfer for the student to attend a public school outside of the student's school system. 
  • It shall be in the sole discretion of the local board of education, with input from the school council of the desired school, to accept students requesting such transfer.
  • Parents are responsible for transportation.
  • Parents of students transferring to a school in another system are required to sign a contract with the receiving school agreeing that the parent and student will abide by all school rules and procedures.
    • Violation of such rules or procedures may result in being removed from the school.
  • Receiving systems shall report the student for purposes of funding to the Department of Education.
  • The Department of Education shall pay to the receiving system state and federal funds equal to the sum of:
    • QBE formula earnings (including the salary portion of direct instructional costs, adjustment for training and experience, non salary portion of direct instructional costs, and earnings for psychologists, school social workers, school administration, facility M&O, media centers, additional days of instruction, and staff development), PLUS QBE grants, and federal grants earned by the resident school system, base on the school's enrollment, profile, and student characteristics;
    • A proportional share of all state and federal grants;and
    • An amount determined by the Department of Education for each transfer student equal to a proportional share of local revenue from the system in which the student resides.
    • State and federal allocations to the resident school system (equal to the transferring student earnings) are lost to that system.
• Parents of Georgia public school students may request and receive from the Department of Education a scholarship (voucher) for the student to enroll in a private school.
  • A student shall qualify for a voucher if:
    • The student's parent resides in Georgia and has been a resident for at least one year.
    • The student has attended a Georgia public school for the prior year.
    • Admission of the student to a private school has been granted.
    • The parent submits a voucher application to the Department of Education by the deadline established by the Department.
  • If a voucher is accepted, the parent assumes full financial responsibility for the education of the student, including transportation.
  • Upon request of the parent, the resident school system shall make available to the private school student locations and times to take all state-wide assessments.
    • Test scores of participating private school students shall not be applied to the system averages of the resident school system for data reported for federal and state requirements.
  • The voucher shall remain in force until the student returns to his or her assigned public school, graduates form high school, or reaches the age of 20.
  • The student's parent may place the student back in public school at any time.
  • To be eligible to participate in the program, a private school shall:
    • Have a physical location in Georgia where the students attend classes and have direct contact with the school's teachers.
    • Have been in operation for one school year or submit a financial information report for the school that complies with Department of Education financial accounting standards and conducted by a certified public accountant.
      • The report must confirm insurance and sufficient capital or credit to operate the school serving the number of students anticipated.
    • Comply with antidiscrimination laws and health and safety laws that apply to private schools.
    • Regularly report to the parent and Department of Education on the student's academic progress.
    • Employ or contact with teachers who hold a bachelor's or higher degree or have at least three years of experience in education and annually provide to parents credentials of their child's teachers.
  • Home schools and residential treatment facilities are ineligible.
  • The amount of the voucher shall be the lesser of:
    • The cost of the educational program for the student in the resident school system, not including federal or local funds, or;
    • The amount of the private school's tuition and fees.
  • Voucher funds shall be subtracted from the allotment payable to the resident school system.

POINTS TO CONSIDER:

Transfers within the same district:

• School councils are defined in Georgia law as advisory only.  Granting them authority to set policy is in conflict with 20-2-85 and 20-2-86 as well as the constitutional role of the board. 
  • Attendance zones become irrelevant.  
  • No criteria are defined (available space, etc.) to guide school councils in accepting transfer students.
  • System wide planning, budgeting, etc. become difficult.
• Parent/student contracts may be difficult to enforce.  
  • School administrators will be required to keep additional records for transfer students as related to the contracts.
  • What is the impact on established consequences for disciplinary infractions if there are two sets of rules?
  • Students removed from school as a result of contract violations could expect to be able to return to the school from which he or she transferred. 
  • Contracts become another area of costly litigation.
• Does the home school have to accept the student regardless of the reason they were required to leave the transfer school?
• Students completing the highest grade in a school may be forced to enroll in a middle or high school from the original cluster, thus initiating the transfer process again.

Transfers outside the student's resident district:

• School councils would be acting in their advisory capacity but the vague language used here would inevitably lead to confusion about the extent of their role in the process.
• Parent/student contracts may be difficult to enforce.  
  • School administrators will be required to keep additional records for transfer students as related to the contracts.
  • What is the impact on established consequences for disciplinary infractions if there are two sets of rules?
  • Students removed from school as a result of contract violations could expect to be able to return to the school from which he or she transferred. 
  • Contracts become another area of costly litigation.
• Students completing the highest grade in a school may be forced to enroll in a middle or high school from the resident district, thus initiating the transfer process again.
• Additional reporting related to funding is required of the receiving school district and the Department of Education.
• School districts from which a student transfers loses QBE and federal funds.
• Local funds generated in one school district shall be transferred for expenditures in another school district.
  • As local expenditures vary from one school district to another, funds transferred from a system may be lower or higher than the funds expended in the receiving system.
• State and federal funds allocations to the resident school system are lost to that system, without a corresponding reduction in required expenditures (teacher salaries, facilities, support staff, etc.)
• Payments to private schools shall be made quarterly by the Department of Education.

Private school scholarships (vouchers):

• Scarce public funds are made available to students wishing to attend private schools.
• No restrictions are made on vouchers awarded to students in religious schools.
• Limited financial and student performance accounting is required of private schools participating in the program.
• Students who withdraw from private schools may return to public schools.
• The voucher will often not pay the full cost of tuition at a private school, prohibiting students from families with limited means from participation in the program.
• Transportation to private schools will be problematical for many parents.
• Students in private schools retain public funds throughout their career, thus limiting funds available to public school students.
• At any time, parents may re-enroll the student in public school.
• Certified teachers are not required; there are no in-field requirements for teachers.
• State funds allocations to the resident school system (equal to the transferring student earnings) are lost to that system.
• Additional records keeping requirements are imposed on local school districts and the Department of Education as related to enrollment counts, calculations of amounts per student to be transferred to private schools, etc.

EFFECTIVE DATE:

This Act shall become law effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to the 2009-2010 school year and all school years thereafter.