Ga. Comp. R. & Regs. R. 160-5-4-.09 - Limited Public School Choice
(1)
Definition.
(a)
Excessive travel time and distance
-
1. The actual transportation time one
way (on a school bus) to the school where the student has been assigned takes
forty-five minutes longer than the transportation time (on a school bus) to the
closer school where the student wants to be reassigned; or
2. The actual transportation distance one way
(via the school bus route) to the school where the student has been assigned is
at least 15 miles farther than the distance to the closer school where the
student wants to be reassigned.
(b)
Notification of a student's
assignment - annual establishment of school attendance zones by the
local board of education.
(2)
Requirements.
(a) With the approval of the local board of
education, a student may be reassigned to another school within the district
where the student resides if all of the following conditions under subsection
(a) are met:
1. The school to which the
student has been assigned does not have available permanent classroom space,
and the student is assigned to nonpermanent classroom facilities for
instruction.
2. Another school
within the district where the student resides has permanent classroom space
available.
3. The parent or
guardian of the student has submitted a written request to the local board of
education asking for the student to be reassigned to a school where permanent
classroom space is available.
4.
The parent or guardian assumes responsibility for providing transportation for
the student if a request for reassignment is granted by the local board of
education.
(b) With the
approval of both the sending and the receiving local boards of education, a
student may be reassigned to a school in another school district if all of the
following conditions under subsection (b) are met:
1. A school in another school district is
closer to the student's place of residence than the school to which the student
has been assigned.
2. The actual
transportation time or distance on a bus one way to the school where the
student has been assigned is determined to be excessive in terms of travel time
or distance as defined in (1)(a)1. or (1)(a)2.
3. The school to which the student is
requesting reassignment is offering an instructional program comparable to that
offered in the school where the student was originally assigned.
4. The school in the other school system to
which the student is requesting reassignment has available permanent classroom
space.
5. The parent or guardian
assumes responsibility for providing transportation for the student.
6. For the 2000-2001 school year, the parent
or guardian of a student requesting reassignment shall submit written requests
to the local board of education where the student wishes to be reassigned and
to the local board of education where the student resides within seven days
after the beginning of school or seven days after the effective date of this
rule whichever is later. Beginning with the 2001-2002 school year, each local
board of education is required to establish and annually publish the school
attendance zones for the school system. The parent or guardian of a student
eligible to request reassignment shall submit written requests each year to the
local board of education for the school where the student wishes to be
reassigned and to the local board of education where the student resides by no
later than seven days following the publication of attendance zones. The
responsible local boards of education shall respond to the requesting parent or
guardian within 30 days of receipt of the request for reassignment.
(c) If both local boards of
education agree to the reassignment, the state and federal funds earned by
those students allotted to the sending school system shall be reallotted to the
receiving school system.
(d) The
receiving school system may elect to receive any part or all of the local five
mill share directly from the sending school system correlated to the number of
transferred students.
(e) The
school system providing services may apply to the state for reimbursement in an
amount equal to the difference between the dollar amount per full-time
equivalent student represented by the state program funds received and the
total dollar amount per fulltime equivalent student expended by the system for
a similarly enrolled student (excluding transportation costs).
(f) If the parties are unable to reach a
satisfactory agreement regarding a request to reassign a student to another
school, the parent or guardian may request an appeal of the decision(s) made by
the local board(s) of education. Such appeal shall comply with the procedures
in O.C.G.A. ยง
20-2-1160
and State Board of Education Rule
160-1-3-.04 School Law Tribunals and
Appeals.
(g) Nothing in this rule
shall be construed to interfere with desegregation plans in effect or any
subsequent implementation thereof.
(h) Nothing in this rule shall be construed
to alter contractual relationships between two or more school
systems.
Notes
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