Public School Choice
In November, 2011, the Georgia Department of Education (GaDOE) submitted to the U. S. Department of Education (US ED) an application requesting flexibility through waivers of ten Elementary and Secondary Education Act of 1965 (ESEA) requirements and their associated, regulatory, administrative and reporting requirements. One of the ten requested waivers directly affected Public School Choice (Choice). Beginning in the 2012-2013 school year those Title I schools that were required to offer Public School Choice (Choice) due to a NCLB school improvement status, the waiver allows those Title I schools to no longer be required to offer Choice under ESEA but rather follow Georgia’s Intradistrict Transfer option. Georgia’s Intradistrict Transfer (O.C.G.A. §20-2-2130, O.C.G.A. §20-2-2131) option allows parents of students enrolled in a public elementary or secondary school in Georgia to elect to enroll their student in 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 such school has classroom space available after its assigned students have been enrolled. The parent shall assume the responsibility and cost of transportation of the student to and from the school. Each local school district establishes its own process (available to all students) to implement the transfer requirements of Georgia’s Intradistrict Transfer option.
Effective date. – This article became effective May 5, 2009.
As used in this article, the term:
(1) “Department” means the Department of Education.
(2) “Parent” means a biological parent, legal guardian, custodian or other person with legal authority to act on behalf of a child. (Code 1981, §20-2-2130, enacted by Ga. L. 2009,
p. 782, § 1/HB251.)
20-2-2131. Enrollment of students in school to which not originally assigned; procedure; annual notification; exception.
(a)(1) Beginning in school year 2009-2010, the parent of a student enrolled in a public elementary or secondary school in this state may elect to enroll such student in a public school that is located within the school system in which the student resides other than the one to which the student has been assigned by the local board of education if such school has classroom space available after its assigned students have been enrolled. The parent shall assume the responsibility and cost of transportation of the student to and from the school.
(2) No later than July 1, 2009, each local school system shall establish a universal, streamlined process available to all students to implement the transfer requirements of paragraph (1) of this subsection.
(3) A student who transfers to another school pursuant to this subsection may, at his or her election, continue to attend such school until the student completes all grades of the school.
(4) This subsection shall not be construed to affect any student currently attending a school other than the school to which the student has been assigned by the local board of education pursuant to a transfer authorized under the Federal No Child Left Behind Act (P.L. 107-110).
(b) The department shall establish a model universal, streamlined process to implement the transfer provisions of this Code section. Each local board of education shall adopt a universal, streamlined transfer process that includes, at a minimum, such state model. Such local process shall include a deadline for submitting transfer requests.
(c) Each local school system shall annually notify prior to each school year the parents of each student by letter, electronic means, or by such other reasonable means in a timely manner of the options available to the parent under this article.
(d) The local school system shall notify parents by July 1 of each year which schools have available space and to which of these schools parents may choose to request a transfer for their children.
(e) This Code section shall not apply to charter schools.
(f) This Code section shall not apply to newly opened schools with available classroom space for a period of four years after the school opens.
U.S. Code. – The Federal No Child Left Behind Act, referred to in this Code section, is codified at 20 U.S.C. § 6301 et seq.