Section 2. Elementary and Secondary Education, 20-2-1 through 20-2-2180.
ARTICLE 6
QUALITY BASIC EDUCATION
20-2-150. Eligibility for enrollment.
Except as otherwise provided by subsection (b) of this Code section, all children and youth who have attained the age of five years by September 1 shall be eligible for enrollment in the appropriate general education programs authorized in this part unless they attain the age of 20 by September 1 or they have received high school diplomas or the equivalent.This shall specifically include students who have reenrolled after dropping out and who are married, parents, or pregnant. Special education students shall also be eligible for enrollment in appropriate education programs through age 21 or until they receive high school or special education diplomas or the equivalent; provided, however, they were enrolled during the preceding school year and had an approved Individualized Education Program (IEP) which indicated that a successive year of enrollment was needed.Other students who have not yet attained age 21 by September 1 or received high school diplomas or the equivalent shall be eligible for enrollment in appropriate education programs, provided they have not dropped out of school for one quarter or more.Each local unit of administration shall have the authority to assign students who are married, parents, or pregnant or who have reenrolled after dropping out one quarter or more to programs of instruction within its regular daytime educational program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular daytime educational program or, at the option of the student, in an alternative program beyond the regular daytime program; provided, further, that such programs of instruction are designed to enable such students to earn course credit toward receiving high school diplomas. These programs may include instruction in prenatal care and child care. Each local unit of administration shall have the authority to provide alternative programs beyond the regular daytime educational program. Unless otherwise provided by law, the State Board of Education shall have the authority to determine the eligibility of students for enrollment.It is declared to be the policy of this state that general and occupational education be integrated into a comprehensive educational program which will contribute to the total development of the individual.
A child who was a legal resident of one or more other states or countries for a period of two years immediately prior to moving to this state and who was legally enrolled in a public kindergarten or first grade, or a kindergarten or first grade accredited by a state or regional association or the equivalent thereof, shall be eligible for enrollment in the appropriate general or special education programs authorized in this part if such child will attain the age of five for kindergarten or six for first grade by December 31 and is otherwise qualified.
All children enrolled for 20 school days or more in the public schools of this state prior to their seventh birthday shall become subject to all of the provisions of this article, the provisions of Code Sections 20-2-690 through 20-2-701, and the rules and regulations of the State Board of Education relating to compulsory school attendance even though they have not attained seven years of age.
No child or youth shall be admitted to any public school of the state until the parent or guardian provides to the proper school authorities an official copy of that child's social security number which shall be incorporated into the official school records pertaining to that child or youth.Each local unit of administration shall establish and implement a plan for providing the public appropriate notice of the information required of every student under its jurisdiction prior to the beginning of each school year.School authorities may provisionally admit a child for whom an official social security number has not been provided if the parent or guardian completes a postage-paid application for a social security number at the time of enrollment.A parent or guardian who objects to the incorporation of the social security number into the school records of a child may have the requirement waived by signing a statement objecting to the requirement.
(Code 1981, §20-2-150, enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1990, p. 1354, § 1; Ga. L. 1992, p. 2200, § 1; Ga. L. 1993, p. 1279, § 12.1; Ga. L. 2012, p. 358, § 7/HB 706.)
Code Commission notes.
- Pursuant to Code Section 28-9-5, in 2009, "20-2-701" was substituted for "20-2-702" in subsection (c).
OPINIONS OF THE ATTORNEY GENERAL
General Consideration
Editor's notes.
- In light of the similarity of the statutory provisions, opinions under former Code 1933,
§
32-937, which authorized local boards of education to promulgate rules and regulations concerning the right of married students to attend school, and former
§
20-2-151, which were subsequently repealed but were succeeded by provisions in this Code section, were included in the annotations for this Code section.
Age limitations applicable to carrying out state funded programs only.
- Age limitations of this section are applicable not to the broad constitutional authority of a local school system to manage and control its own school programs and affairs at its own expense, but to the carrying out of the state funded programs. 1978 Op. Att'y Gen. No. 78-7 (decided under former Code 1933,
§
32-937).
Education of nonresidents.
- Georgia schools may educate children who reside with their parents in another state on the condition that tuition is paid for the children's education. 1980 Op. Att'y Gen. No. 152 (decided under former Code 1933,
§
32-937).
Married Students
Section permits board to suspend married student for definite and reasonable length of time.
- Absent consideration of any question on constitutionality of such a rule, this section permits a county board of education to promulgate a rule or regulation suspending (for a definite and reasonable length of time) married students from attending the public schools of a county. 1963-65 Op. Att'y Gen. p. 276 (decided under former Code 1933,
§
32-937).
Board may adopt policy excluding married students if related to legitimate educational purpose.
- Local board may adopt a policy excluding married students from attending school if, and only if, that policy is reasonably related to some legitimate educational purpose; a policy which would permanently and totally exclude any married student, male or female, from attending school simply because he or she is married would be an unconstitutional and a void application of this section. 1968 Op. Att'y Gen. No. 68-391 (decided under former Code 1933,
§
32-937).
RESEARCH REFERENCES
Am. Jur. 2d.
- 68 Am. Jur. 2d, Schools,
§
255 et seq.
C.J.S.
- 78A C.J.S., Schools and School Districts,
§§
962 et seq., 987 et seq., 1004 et seq.
ALR.
- AIDS infection as affecting right to attend public school, 60 A.L.R.4th 15.
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