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2006 Georgia Code - 20-2-294
20-2-294. (a) It is the intent of the General Assembly
that students receive academic instruction in permanent classrooms
where possible and, further, that students be transported to
schools that are within a reasonable distance from the
student´s place of residence. In order to allow for hardships
imposed by inadequate classroom space and excessive distances, this
Code section authorizes students to receive education services
outside the school district in which they reside, subject to rules
promulgated by the State Board of Education. (b) The parent or guardian of a student enrolled
in a public elementary or secondary school in this state may elect
to request reassignment to a public school that is located within
the school district in which the student resides other than the one
to which the student has been assigned by the local board of
education if the school to which the student has been assigned does
not have available permanent classroom space in which the student
can attend classes and a school within the district in which the
student resides has permanent classroom space available. At any
time during the school year in which a student is assigned to
nonpermanent classroom facilities for instruction, the parent or
guardian of a student may apply to the local board for
reassignment. (c) If the
student´s place of residence is located closer to a school
other than the school assigned the student by the local board of
education, regardless of the school district in which the closer
school is located, and the distance or travel time to the school to
which the student has been assigned is, in the determination of the
State Board of Education, excessive, and the school which the
student is applying to attend is the closest available public
school offering a regular program to the student´s residence
and has available permanent classroom space, the State Board of
Education may authorize the student to attend the closer school.
State Quality Basic Education Program funds, including the local
five mill share, allotted to the sending school system shall be
reallotted to the receiving school system in an amount correlated
to the number of transferred students. A request for reassignment
shall be submitted in writing to the district offices of both the
district in which the student resides and the district in which the
student is requesting to attend school no later than seven days
following the assignment of the student to a school and
notification of assignment to the student´s parent or
guardian. Upon assignment of nonresident students, the school
system that is providing services may elect to make application to
the state for funds that represent the difference between the
dollar amount per full-time equivalent student represented by the
state program funds received and the total dollar amount per
full-time equivalent student expended by the system for a similarly
enrolled student; provided, however, that local transportation
costs shall not be included in the amount requested. The Department
of Education shall request funds in the midterm adjustment amount
sufficient to provide for these costs after the amounts submitted
have been adjusted to account for students moving between the same
two school systems so as to subtract the base cost, represented as
the lesser of the two local school system costs per full-time
equivalent student amounts, from the greater amount.
(d) The responsibility for and cost
of transporting the student to a school to which the student has
been assigned under this Code section shall be that of the student.
Nothing in this Code section shall be construed to interfere with
desegregation plans in effect or any subsequent implementation
thereof. Nothing in this Code section shall be construed to alter
contractual relationships between two or more school
systems.
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