Ga. Comp. R. & Regs. R. 160-5-1-.28 - Student Enrollment and Withdrawal
(1)
DEFINITIONS.
(a)
Active Duty - the full-time
duty status in the active uniformed services of the United States, including
members of the National Guard and Reserve on active duty orders pursuant to
10 U.S.C. Sections
1209 and
1211.
(b)
Attend - a student's
physical or virtual presence in the educational programs for which he or she is
enrolled.
(c)
Case Management
Consultation (CMC) - a consultation by a school social worker or case
manager in which a process is used to discover whether any transition problems
exist and whether any services are necessary for a child placed by the
Department of Human Services (DHS) or Department of Juvenile Justice
(DJJ).
(d)
Child of Military
Families - a child enrolled in kindergarten through grade 12, in the
household of an active duty military member.
(e)
Department of Behavioral Health and
Developmental Disabilities (DBHDD) - an agency which provides specified
services for children who have been admitted or placed according to an
individualized treatment or service plan directed by DBHDD.
(f)
Department of Human Services
(DHS) - an agency which provides specified services and placement for
children who have been remanded to the physical or legal custody of DHS either
temporarily or permanently by a court or by voluntary agreement, or if the
child has been admitted or placed according to an individualized treatment or
service plan of DHS.
(g)
Department of Juvenile Justice (DJJ) - the agency which provides
supervision, detention and a wide range of treatment and educational services
for youths referred to DJJ by the Juvenile Courts, and provides assistance or
delinquency prevention services for at-risk youths through collaborative
efforts with other public, private, and community entities.
(h)
Education For Homeless Children And
Youths - Subtitle B of Title VII of the McKinney-Vento Homeless
Assistance Act (42 U.S.C.
11431
et seq.) that requires
each state to ensure that each child of a homeless individual and each homeless
youth has equal access to the same free, appropriate public education as
provided to other children and youth.
(i)
Emancipated Minor - an
individual under the age of eighteen who is no longer under the control or
authority of his or her parents or guardians by operation of law or pursuant to
a petition filed by the minor with the juvenile court and granted by a judge in
juvenile court after the judge determines emancipation is in the best interest
of the minor as provided in O.C.G.A. §
15-11-202.
(j)
Enroll - the registration of
a student in the local education agency (LEA) of residence. A parent, guardian,
other person residing within this state having control or charge of any child
or children, or the student (in the case of an emancipated minor) provides the
LEA with the appropriate documentation. Once enrolled, the child shall be
eligible to attend the assigned school.
(k)
Fictive Kin - an individual
who is known to a child as a relative but is not in fact related by blood or
marriage to such child and with whom such child has resided or had significant
contact.
(l)
Georgia
Department of Education (GaDOE) - the state agency charged with the
fiscal and administrative management of certain aspects of K-12 public
education, including the implementation of federal and state mandates subject
to supervision and oversight by the State Board of Education.
(m)
Governor's Office of Student
Achievement (GOSA) - the state agency mandated by O.C.G.A. §
20-14-26 to create a uniform
performance-based accountability system for K-12 public schools that
incorporates both state and federal mandates, including student and school
performance standards, and to audit and inspect or cause to be audited and
inspected K-12 public schools, and LEAs for the purpose of verification,
research, analysis, reporting or for other purposes related to the performance
of its powers and duties.
(n)
Grandparent - the parent and/or step-parent of a minor child's
father or mother. This definition remains the same upon the death and/or the
termination of parental rights of the birth parent.
(o)
Home Study - a program that
allows parents or guardians to teach their children at home as provided in
O.C.G.A. §
20-2-690(c).
(p)
Homeless Child or Youth -
individuals who lack a fixed, regular, and adequate nighttime residence. The
term includes children and youth who are:
1.
Sharing the housing of other persons due to loss of housing, economic hardship,
or a similar reason;
2. Living in
motels, hotels, trailer parks, or camping grounds due to lack of alternative
adequate accommodations;
3. Living
in emergency or transitional shelters; or
4. Abandoned in hospitals.
5. The following children are included in the
definition; however, this list is not exhaustive: children who have a primary
nighttime residence that is a public or private place not designed for, or
ordinarily used as, a regular sleeping accommodation for human beings; children
who are living in cars, parks, public spaces, abandoned building, substandard
housing, bus or train stations, or similar settings; and migratory children who
qualify as homeless because they are living in circumstances described above.
(McKinney Vento Homeless Act 42 U.S.C. §
11431
et
seq.)
(q)
Individualized Education Program (IEP) - a written plan for each
student with a disability that is developed, reviewed, and revised in
accordance with Individuals with Disabilities Education Act,
20 U.S.C. §
1414(d).
(r)
Individuals with Disabilities
Education Act (IDEA) - the federal law, codified at
20 U.S.C. §
1400, et seq., enacted to ensure that all
students with disabilities have available to them a free appropriate public
education that emphasizes special education and related services designed to
meet their unique needs and prepare them for employment and independent living;
to ensure that the rights of students with disabilities and their parents are
protected; to assist states, localities, educational service agencies, and
federal agencies to provide for the education of students with disabilities;
and to assess and ensure the effectiveness of efforts to educate students with
disabilities.
(s)
Kinship
Caregiver - a grandparent, great-grandparent, aunt, uncle, great aunt,
great uncle, cousin, sibling, or fictive kin who has assumed responsibility for
raising a child in an informal, noncustodial, or guardianship capacity upon the
parents or legal custodians of such child:
1.
Losing or abdicating the ability to care for such child; or
2. Being unable to ensure that the child will
attend school for reasons, including, but not limited to:
(i) A parent or legal custodian being unable
to provide care due to the death of a parent or legal custodian;
(ii) A serious illness or terminal illness of
a parent or legal custodian;
(iii)
The physical or mental condition of the parents or legal custodians such that
proper care and supervision of the child cannot be provided;
(iv) The incarceration of a parent or legal
custodian;
(v) The inability to
locate the parents or legal custodians;
(vi) The loss or uninhabitability of the
child's home as the result of a natural disaster; or
(vii) A period of active military duty of the
parents or legal custodians exceeding 24 months.
(t)
Legal Custodian -
a person that has been awarded permanent custody of a child by court
order.
(u)
Local Education
Agency (LEA) - the public authority legally constituted by the state as
an administrative agency to provide control of and direction for kindergarten
through Grade 12 public education institutions.
(v)
"in loco
parentis" - to assume the duties and responsibilities of a
parent without a formal legal process.
(w)
Other Person - an adult at
least 18 years of age or an emancipated minor at least sixteen years of age
residing within the boundaries of a Georgia LEA who is not the parent or
guardian of a child or children but stands in loco
parentis.
(x)
Parent - the legal father or the legal mother of a
child.
(y)
Reasonable
Efforts - actions that a reasonable individual would find sufficient to
determine whether one conclusion is more likely than the other.
(z)
Residency - occupying a
dwelling located within the boundaries of an LEA where the student lives with a
parent, guardian, or other person, unless the student is an emancipated
minor.
(aa)
State Board of
Education (SBOE) - the constitutional authority which defines education
policy for public K-12 education agencies in Georgia.
(bb)
Withdraw - the removal of a
student from the official roll of a Georgia public school.
(cc)
Withdrawal Code - an
official code which signifies the reason a student has withdrawn from a Georgia
public school as defined in the guidelines and timelines published by the
GaDOE.
(2)
REQUIREMENTS.
(a)
Eligibility for Enrollment.
1.
Other than students specifically exempted by rule or by law, the following
individuals shall be eligible for enrollment in publically-funded programs in
Georgia public schools:
(i) Students who have
attained the age of five by September 1 to enroll in the appropriate general
education programs unless they attain the age of 21 by September 1 or they have
received a high school diploma or the equivalent. Students that have dropped
out of school for one quarter or more are eligible to enroll in the appropriate
general education programs unless they attain the age of 20 by September
1.
(ii) Students with
Individualized Education Programs (IEPs) developed under the Individuals with
Disabilities Education Act (IDEA) may attend public school through the age of
21 or until they receive a regular high school diploma.
(iii) Students who were legal residents of
one or more other states or countries for a period of two years immediately
prior to moving to Georgia and were legally enrolled in a public kindergarten
or first grade accredited by a state or regional association or the equivalent
thereof, are eligible for enrollment in the appropriate education program if
the child attains the age of five for kindergarten or six for first grade by
December 31 and the child is otherwise eligible for enrollment as prescribed in
O.C.G.A. §
20-2-150.
(b)
Persons That May Enroll
Eligible Students.
1. Under the
provisions stated in O.C.G.A. §
20-2-690.1, a parent, guardian, or
other person has the authority to enroll a student in a publicly-funded Georgia
school.
(i) A homeless child, as defined in
the McKinney-Vento Homeless Act
42 U.S.C. §
11431
et seq., shall be
enrolled immediately with full participation in all school activities whether
or not appropriate documentation can be provided at the time of enrollment.
(I) Upon determining that a student is
homeless, as defined by the McKinney-Vento Homeless Assistance Act, the child
must be allowed to either remain in the district in which he or she was
enrolled prior to becoming homeless or enroll in the district where he or she
is now located.
(ii) An
LEA shall immediately enroll a student in the physical or legal custody of the
Department of Human Services (DHS) or the Department of Juvenile Justice (DJJ)
or a student placed by the DHS, DBHDD, or DJJ in a residential facility located
within the LEA's jurisdiction, pursuant to O.C.G.A. §
20-2-133(b).
(iii) Upon notification by the DJJ that a
student will be enrolling in an LEA, the LEA shall enroll the student in his or
her home school, as opposed to an alternative educational setting unless the
case management consultation team concludes that the best placement for the
child would be the alternative setting. Any placement made pursuant to an
individualized education program team shall take precedence.
(iv) A grandparent with a properly executed
power of attorney for the care of a minor child may enroll their grandchild,
without court approval, in the LEA in which the grandparent resides if the
specific conditions set forth in the "Power of Attorney for the Care of a Minor
Child Act," O.C.G.A §
19-9-120 through O.C.G.A §
19-9-129 are met.
(I) No person or school official who acts in
good faith reliance on a power of attorney for the care of a minor child shall
be subject to criminal or civil liability or professional disciplinary action
for such reliance.
(II) Except
where limited by federal law or the executed power of attorney, the grandparent
empowered to enroll the child shall have the same rights, duties, and
responsibilities that would otherwise be exercised by the parent pursuant to
the laws of this state.
(v) A kinship caregiver shall be authorized,
on behalf of a child residing with the kinship caregiver, which child is not in
the custody of the Division of Family and Children Services of the Department
of Human Services, to give legal consent for such child to: receive any
educational services; receive medical services directly related to academic
enrollment; or participate in any curricular or extracurricular activities for
which parental consent is usually required by executing the affidavit described
in O.C.G.A. §
20-1-18. The affidavit shall not
be valid for more than one year after the date on which it is executed. An LEA
shall have the authority to allow a kinship caregiver affidavit to expire at
the end of each school year for which the affidavit was submitted.
(I) Upon transmitting to a school an executed
affidavit described in O.C.G.A. §
20-1-18, the kinship caregiver
shall serve as the school's point of contact for the child regarding truancy,
discipline, and educational progress for as long as such affidavit shall
continue to be in effect.
(II) The
decision of a kinship caregiver to consent to or refuse educational services or
medical services directly related to academic enrollment or any curricular or
extracurricular activities for a child residing with the kinship caregiver
shall be superseded by any contravening decision of a parent or a person having
legal custody of the child, provided that the decision of the parent or legal
custodian does not jeopardize the life, health, safety, or welfare of the
child.
(III) Reasonable efforts
shall be made by the kinship caregiver to locate at least one of the child's
parents prior to the notarization and submission of the affidavit set forth in
O.C.G.A. §
20-1-18.
(IV) No person that acts in good faith
reliance on a properly executed kinship caregiver's affidavit, having no actual
knowledge of any facts contrary to those stated in the affidavit, shall be
subject to civil liability or criminal prosecution, or to professional
disciplinary procedure, for any action which would have been proper if the
facts had been as they believed them to be. This subsection shall apply even if
educational services or medical services directly related to academic
enrollment or any curricular or extracurricular activities are rendered to a
child in contravention of the wishes of the parent or legal custodian of such
child; provided, however, that the person rendering the educational services or
medical services directly related to academic enrollment or any curricular or
extracurricular activities shall not have actual knowledge of the wishes of the
parent or legal custodian.
(V) A
person that relies on a properly executed kinship caregiver's affidavit has no
obligation to make further inquiry or investigation. Nothing in this subsection
shall relieve any person of responsibility for violations of other provisions
of law, rules, or regulations.
(VI)
If a child ceases to reside with a kinship caregiver for a period in excess of
30 days, such kinship caregiver shall, not later than 30 days after such
period, notify all parties to whom he or she has transmitted the affidavit or
to whom he or she has caused the affidavit to be transmitted.
(VII) Any individual who knowingly provides
false information in executing the affidavit required by this article commits
the offense of false swearing within the meaning of O.C.G.A. §
16-10-71 and shall be subject to
the penalties prescribed by such Code section.
(VIII) A kinship caregiver's affidavit shall
be invalid unless it substantially contains the sample kinship caregiver
affidavit provided by the Georgia Department of Education. An LEA shall not
change the size or placement of text or change or omit the box around the
warning.
(vi) Special
power of attorney, relative to the guardianship of a child of a military family
and executed under applicable law, shall be sufficient for the purposes of
enrollment and all other actions requiring parental participation and consent.
(I) A transitioning military child, placed in
the care of a noncustodial parent or other person standing in loco parentis
whose residence is other than that of the custodial parent, may continue to
attend the school in which he or she was enrolled while residing with the
custodial parent.
(vii)
A military student in this state shall be allowed to attend any public school
that is located within the school system in which the military base or off-base
housing in which the student resides is located, provided space is available
for additional enrollment. The parent shall assume the responsibility for and
cost of transportation of the student to and from the school.
(viii) A student whose parent or guardian is
on active duty in the United States armed forces and has received official
military orders to transfer into or within this state shall be eligible for
enrollment, in the same manner and time as for students residing within the
local school system, in the public school of the attendance zone in which he or
she will be residing or in a public school authorized pursuant to Code Section
20-2-295, prior to physically
establishing residency within the local school system, upon presentation of a
copy of the official military orders to the local school system.
(I) Each local school system in which a
military base or off-base housing is located shall establish a universal,
streamlined process available to all students to implement these transfer
requirements; and annually notify prior to each school year the parents,
guardians or other person, as defined in section (2)(b) of this rule, of each
military student by letter, by electronic means, or by such other reasonable
means in a timely manner of the options available as set forth in O.C.G.A.
§
20-2-295.
(viii) LEAs shall accept
immigrants/non-visa-holders who meet age and residency requirements and shall
not inquire about their legal status in accordance with U.S. Supreme Court
Decision in Plyler v. Doe, 457 U.S. 202 (1982).
(I) LEAs are not responsible for making
determinations regarding immigration and visa status. Rather, the U.S.
Department of State (Office of Visa Services) and the Department of Homeland
Security (U.S. Citizenship and Immigration Services) are responsible for making
such determinations.
(II) LEAs may
accept non-immigrant, foreign students on F-1 visas in accordance with the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996
(Section
625 of
Public Law
104-208 ).
(III) LEAs may accept non-immigrant, foreign
exchange students on J-1 visas in accordance with the Mutual Educational and
Cultural Exchange Act of 1961 (Public Law 87-256) as amended,
22 U.S.C.
2451, et. seq. (1988).
(IV) LEAs shall accept non-immigrant foreign
students on derivative visas where they are the qualifying child of a
non-immigrant student or exchange visitor (i.e. F-2, M-2, J-2).
(V) LEAs shall accept non-immigrant, foreign
students on B-1/B-2 visas and are not responsible for ascertaining whether or
not seeking enrollment in school will violate the terms of the visa.
(c)
Provisional Enrollment.
1. Other
than students specifically exempted by rule or by law, a student shall be
enrolled on a provisional basis and allowed to attend an LEA for 30 calendar
days while awaiting evidence of age, residence, or other local requirements.
The provisional enrollment period may be extended for extenuating
circumstances.
(i) If evidence is not provided
within this period, the LEA superintendent or designee shall mark the student
withdrawn at the end of the thirtieth day.
(ii) The LEA superintendent or designee shall
notify the individual that registered the student according to the provisions
set forth in section (2)(b) at least 10 calendar days prior to the withdrawal
of the student.
(I) The individual that
registered the student according to the provisions set forth in section (2)(b)
will be considered noncompliant and subject to all penalties as prescribed in
O.C.G.A. §
20-2-690.1.
(II) The local school superintendent shall
report violations to the appropriate authorities for adjudication.
2. O.C.G.A. §
20-2-150(c)
concerning compulsory attendance of students prior to their seventh birthday
does not apply to provisional enrollment.
3. Students pre-registering in an LEA of
residence shall not be eligible for provisional enrollment until the beginning
of the attendance period of the school term for which the student is
enrolling.
4. A student shall not
be denied enrollment into an LEA if the student meets residency qualifications
and otherwise would not be denied enrollment under O.C.G.A. §
20-2-751.1 and O.C.G.A. §
20-2-751.2 concerning student
expulsion.
5. The LEA shall be
required to provisionally enroll students pursuant to Section (2) (c)1 of this
rule if their local policy places additional requirements on the other person
when enrolling a student in their control or charge.
6. The provisions of O.C.G.A. §
20-2-670 regarding the transferal
of discipline actions or felony convictions for students in grade 7 and above
shall take precedence over any provisional enrollment.
(d)
Enrollment Documentation.
1. Other than students specifically exempted
by rule or by law, before admitting any individual to a public Georgia school
or program, the superintendent or designee shall accept evidence in the order
set forth below that shows the individuals date of birth:
(i) A certified copy of a birth certificate,
certified hospital issued birth record or birth certificate;
(ii) A military ID;
(iii) A valid driver's license;
(iv) A passport;
(v) An adoption record;
(vi) A religious record signed by an
authorized religious official;
(vii) An official school transcript;
or
(viii) If none of these
evidences can be produced, an affidavit of age sworn to by the parent,
guardian, grandparent, or other person accompanied by a certificate of age
signed by a licensed practicing physician, which certificate states that the
physician has examined the child and believes that the age as stated in the
affidavit is substantially correct.
2. During the enrollment process, LEAs shall
adhere to:
(i) The provisions of O.C.G.A.
§
20-2-771 concerning the
immunization of students, which includes an exception for religious grounds;
and,
(ii) The provisions of
O.C.G.A. §
20-2-770 concerning nutritional
screening and eye, ear, and dental examinations of students.
3. Upon presentation of one of
these evidences required in paragraph (2) (d) 1, a photocopy of the document
shall be placed in the student's record and the original document presented
shall be returned to the individual registering the student according to the
provisions set forth in section (2)(b).
4. The LEA shall ensure that the employee or
other designated individual responsible for care of homeless students shall
assist the homeless student in acquiring the necessary records for enrollment.
Proof of residence is not required.
5. The LEA may require a grandparent
empowered to enroll the child to produce the same documentation a parent would
produce to enroll the child.
6. The
LEA may require a kinship caregiver enrolling a child to produce the same
documentation a parent would produce to enroll the child.
7. The following provisions apply to a child
or children of military families.
(i) In the
event that official education records cannot be released to the parents or
legal guardian for the purpose of transfer, an LEA shall accept a complete set
of unofficial educational records prepared by the sending school and furnished
to the parent or legal guardian.
(I) Upon
receipt of such unofficial education records, the LEA shall enroll and
appropriately place the student based on the information provided in the
unofficial records pending validation by the official records.
(II) Simultaneously with the enrollment and
conditional placement of the student, the LEA shall request the student's
official education records from the school in the sending state.
(ii) Students in the household of
an active duty military member shall be allowed to continue their enrollment at
grade level in the local school system commensurate with their grade level,
including kindergarten, from a local education agency in the sending state at
the time of transition, regardless of age.
(I)
A student who has satisfactorily completed the prerequisite grade level in the
local education agency in the sending state shall be eligible for enrollment in
the next highest grade level in the receiving state, regardless of
age.
(II) A student transferring
after the start of the school year in the receiving state shall enter the
school in the receiving state on their validated level from an accredited
school in the sending state.
(iii) The LEA shall initially honor placement
of the student in educational programs based on current educational assessments
conducted at the school in the sending state or participation or placement in
similar programs based on current educational assessments conducted at the
school in the sending state or participation or placement in similar programs
in the sending state. Such programs include, but are not limited to: gifted and
talented programs, and English as a second language.
(I) Nothing in this section shall preclude
the school in the receiving state from performing subsequent evaluations to
ensure appropriate placement of the student.
(iv) An LEA shall be prohibited from charging
local tuition to a transitioning military child placed in the care of a
noncustodial parent or other person standing in loco parentis
who lives in a jurisdiction other than that of the custodial parent.
8. Pursuant to O.C.G.A. §
20-2-150, before the final
enrollment of a student to a publicly-funded Georgia school is complete, the
individual registering the student shall provide a copy of the enrolling
student's social security number to the proper school authorities or shall
complete and sign a form stating the individual does not wish to provide the
social security number.
9. A
student shall be identified in the local Student Information System (SIS) and
in the Georgia Department of Education official data collection and reporting
systems by the student's legal name as it appears on the documentation
submitted for age verification as delineated in paragraph (2)(d)1, or in a
court order changing the student's name.
10. Once a student has successfully enrolled
in any publicly-funded Georgia school, provided that one of the evidences
required in paragraph (2) (d) 1 has been provided and recorded in the Georgia
Testing Identifier (GTID) as set forth in SBOE Rule
160-5-1-.07 and any associated
guidelines, further proof of age under this provision is deemed
unnecessary.
(e)
Withdrawal.
1. A student may be
withdrawn by a parent, guardian, grandparent, or other person as provided in
(2)(b)1 of this rule.
2. When a
parent, guardian, grandparent, or other person as provided in (2)(b)1 of this
rule withdraws a student according to the LEA policies and procedures, with
documentation of proof of enrollment as provided in (2)(e)1 above, the
student's withdrawal date shall be recorded as the last day of student
attendance.
(i) If a student is under
suspension or expulsion, on the date of withdrawal, the new school of
enrollment shall be notified of the terms of the suspension or
expulsion.
(ii) If a student is an
unemancipated minor who is older than the age of mandatory attendance as
required in O.C.G.A. §
20-2-690.1(a) and
who has not completed all requirements for a high school diploma, wishes to
withdraw from school, the student must have the written permission of his or
her parent or legal guardian prior to withdrawing and a conference must be held
with the school principal or designee pursuant to O.C.G.A. §
20-2-690.1(e).
3. When a parent, guardian,
grandparent, or other person as provided in (2)(b)1 of this rule does not
withdraw a student from a current school according to LEA policies, the LEA
shall withdraw the student.
(i) With proof of
enrollment in a different school, other LEA, private school, or home study
program, the date of withdrawal for a student shall be the last school day of
student attendance.
(ii) With no
proof of enrollment in another school, other LEA, private school, or home study
program, a student shall be withdrawn from a school after 10 consecutive
unexcused absences or when the LEA provides documentation validating the
student no longer resides in the school's attendance zone.
(I) The student withdrawal date shall be the
last day of attendance or the day the LEA obtains documentation validating the
student no longer resides in the school's attendance zone.
(II) In the absence of the documented proof
as described in (2)(e)8 of this rule, the withdrawal code shall indicate that
the student was removed for lack of attendance.
(III) Each superintendent or the
superintendent's designee shall notify the parent, guardian, or other person if
the LEA plans to withdraw such student. Such notification shall be by certified
mail, return receipt requested.
4. A student who is not in attendance on the
first day of school but expected based on prior year enrollment, shall be
withdrawn as a no-show student and shall not be included in any enrollment or
attendance counts.
(i) Students not in
attendance on the first day of school but expected based on prior year
enrollment shall not accrue absences until the student is physically present
and attending.
(ii) The reason for
students withdrawn as a "no-show" shall be recorded in the schools official
records as unknown, unless the LEA has proof that the student has enrolled in a
different school, other LEA, private school, or home study program as set forth
in (2)(e)8 of this rule.
5. A student shall be withdrawn from a school
on the day the school or LEA receives documentation validating the student no
longer resides in the school's attendance zone unless one of the following
exceptions occur:
(i) LEA policy allows
student to remain enrolled to complete the current school year.
(ii) Student is allowed to remain enrolled
based on O.C.G.A. §
20-2-293 or O.C.G.A. §
20-2-294.
6. A student shall not be withdrawn due to
excused absences defined in SBOE Rule
160-5-1-.10 and O.C.G.A. §
20-2-690.1(a).
7. A student shall not be withdrawn while
receiving Hospital/Homebound services.
8. Pursuant to the provisions in 34 Code of
Federal Regulations (C.F.R.) Part 200, a school or LEA shall only use a
withdrawal code which denotes that a student transferred if the LEA has proof
that the student enrolled in another school, other LEA, private school or home
study program.
(i) Documentation must be in
writing so that the transfer can be verified through audits or monitoring and
maintained in the permanent student record.
(ii) It is the responsibility of the
principal to ensure that all student withdrawal information is complete and
accurate.
9. The
following are acceptable forms of documentation when using withdrawal codes
that are associated with students who transferred:
(i) For students transferring to a school
within the same LEA or another Georgia LEA, proof shall include the request for
records from the receiving school, evidence of a transfer that is recorded in
the State's student data collection system, or a letter from an official in the
receiving school acknowledging the student's enrollment.
(ii) For students transferring out of state
or to a private school, proof shall include the request for records from the
receiving school, or a letter from an official in the receiving school
acknowledging the student's enrollment.
(iii) For students transferring to a home
study program, proof shall include a document signed by the parent, guardian,
other person who meets the requirements of the "Power of Attorney for the Care
of a Minor Child Act", or kinship caregiver enrolling a child using an executed
affidavit which declares their decision to educate the student in a home study
program.
(iv) For students
transferring to another country, a school or school system must have written
confirmation that a student has emigrated to another country (34 C.F.R. §
200.19(b)(1)(ii)(B)), but need not obtain official written documentation. If a
parent informs a school administrator that the family is leaving the country,
the school administrator may document this conversation in writing and include
it in the student's file.
10. LEAs must be able to document the reasons
to support student withdrawal as outlined in this rule and SBOE
160-5-1-.07 Student and Staff Data
Collections and associated guidelines and resources.
11. In the event that a child is withdrawn
from a public school to attend a home study program and does not have a Home
School Program Declaration of Intent filed pursuant to Code Section
20-2-690 within 45 days of such
withdrawal, the school shall refer the matter to the Division of Family and
Children Services of the Department of Human Services to conduct an assessment.
The purpose of such referral and assessment shall be limited to determining
whether such withdrawal was to avoid educating the child. Presentation of a
copy of such filed declaration shall satisfy the assessment, and the Division
of Family and Children Services shall immediately terminate the assessment
under this Code section.
12. GOSA
may conduct in-depth audits at its discretion, or at the request of the Georgia
Department of Education to ensure that LEA data, student records documentation,
procedures, and processes are in compliance with this rule.
(i) LEAs found to be non-compliant with these
provisions will be reported to the State Board of Education.
(ii) If an audit conducted by GOSA documents
findings of noncompliance which affected the calculation of the graduation
rate, the GaDOE may adjust the cohort graduation rate for such school and
LEA.
Notes
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