- Document Link: JBC – School Admissions
- Title: School Admissions
- Section: J. Students
- Adoption Date: 07/21/2022
- Ref Code: O.C.G.A. 20-02-0751.2, O.C.G.A. 15-11-0200, O.C.G.A. 15-11-0201, O.C.G.A. 15-11-0202, O.C.G.A. 20-02-0294, O.C.G.A. 20-02-0159, O.C.G.A. 20-02-0071, O.C.G.A. 20-02-2113, O.C.G.A. 19-09-0121, O.C.G.A. 19-09-0122, O.C.G.A. 19-09-0123, O.C.G.A. 19-09-0124, O.C.G.A. 19-09-0125, O.C.G.A. 19-09-0126, O.C.G.A. 19-09-0127, O.C.G.A. 19-09-0128, O.C.G.A. 19-09-0129, O.C.G.A. 20-02-2141, O.C.G.A. 20-02-2140, O.C.G.A. 20-02-2150, O.C.G.A. 20-02-2151, O.C.G.A. 20-02-2160, O.C.G.A. 20-02-2161, O.C.G.A. 20-02-2170, O.C.G.A. 20-02-0133, O.C.G.A. 20-02-0150, O.C.G.A. 20-02-0670, O.C.G.A. 20-02-0690, O.C.G.A. 20-02-0690.1, O.C.G.A. 20-02-0697, O.C.G.A. 20-02-0768, O.C.G.A. 20-02-0770, O.C.G.A. 20-02-0771, O.C.G.A. 20-02-0771.1, Rule 160-4-7-.19, Rule 160-5-1-.24, Rule 160-5-1-.28, Rule 160-5-2-.06, Rule 160-5-4-.09, 22USC2452, 42USC11431
JBC – School Admissions
Descriptor Code: JBC
STUDENT ENROLLMENT AND WITHDRAWAL
The Cherokee County Board of Education is committed to providing equal educational opportunities to all students within its jurisdiction. In accordance with Georgia law, requirements for parental/legal guardianship, Powers of Attorney, students’ ages, admissions information and enrollment are outlined in this Policy.
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.
Attend: a student’s physical or virtual presence in the educational programs for which he or she is enrolled.
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).
Child Agent: a Nonrelative Attorney in Fact or Grandparent (given a Power of Attorney for a grandchild prior to August 30, 2018 who meet the requirements of the now repealed “Power of Attorney for the Care of a Minor Child Act.”) who are given an educational Power of Attorney by a parent that meets the requirements of the “Supporting and Strengthening Families Act”, O.C.G.A. § 19-9-120, et seq.
Child of Military Families: a child enrolled in kindergarten through grade 12, in the household of an active duty military member.
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.
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 who have been admitted or placed according to an individualized treatment or service plan of DHS.
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.
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.) 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.
Emancipated Minor: a child or youth under the age of 18 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. § 15-11-725.
Enroll: the registration of a student with the School District to attend school by a parent, guardian, or other person residing within this state having control or charge of any child, or the student (in the case of an emancipated minor), by providing the School District with appropriate documentation. Once enrolled, the student will be eligible to attend the assigned school.
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.
Grandparent: the parent and/or step-parent of a child’s father or mother. This definition remains the same upon the death and/or the termination of parental rights of the birth parent.
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).
Homeless Child or Youth: children or youth who lack a fixed, regular, and adequate nighttime residence, including the following:
- 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 also 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.).
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).
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.
Legal Custodian: a person who has been awarded permanent custody of a child by Court Order.
“in loco parentis:” term meaning “to assume the duties and responsibilities of a parent without a formal legal process.”
“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 Cherokee County who is not the parent or guardian of a child or children but stands in loco parentis.
Nonrelative Attorney in Fact: an individual who is known to a child but is not in fact related by blood or marriage to such child and with whom such child has resided or had significant contact who has been approved as an agent by a child-placing agency, a nonprofit entity or faith-based organization for a period not to exceed one year, except as provided in O.C.G.A. § 19-9-132, by executing a Power of Attorney in substantial compliance with the Supporting and Strengthening Families Act, O.C.G.A. § 19-9-120, et seq.,.
Parent: the legal father or the legal mother of a child. For purposes hereof the term Parent does not include a biological father who has not legitimated the child in question.
Reasonable Efforts: actions that a reasonable individual would find sufficient to determine whether one conclusion is more likely than the other.
Residency: occupying a dwelling located within Cherokee County where the student lives with a parent, guardian or other person, unless the student is an emancipated minor or homeless.
Withdraw: the removal of a student from the official roll of a Georgia public school.
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.
II. STUDENT ENROLLMENT
A. Eligibility Age
Other than students specifically exempted by rule or by law, the following individuals will be eligible for enrollment in the School District:
- 1. 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 who 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.
- 2. Students with IEPs developed under the IDEA may attend public school until their 22nd birthday or until they receive a regular high school diploma.
- 3. Students who have attained the age of three years but are not yet eligible for kindergarten and who meet criteria for one or more of the disability categories as defined in Chapter 160-4-7 of the Georgia Special Education Rules are considered eligible for pre-school special education programs and related services. These disability categories are autism, deaf/blind, emotional and behavioral disorder, hearing impairment, intellectual disability (mild, moderate, severe, or profound), orthopedic impairment, other health impairment, severe emotional and behavioral disorder, significant developmental delay, specific learning disability, speech-language impairment, traumatic brain injury and/or visual impairment.
- 4. 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. Required Documentation
1. Other than students specifically exempted by rule or by law, before allowing a student to enroll the Superintendent or designee will accept evidence in the order set forth below that shows the individuals date of birth:
- Primary Document: A certified copy of a birth certificate, certified hospital issued birth record or birth certificate;
- Secondary Documents: A military ID; valid driver’s license; passport; adoption record; religious record signed by an authorized religious official; official school transcript; or, If none of these primary or secondary documents can be produced, an affidavit of age sworn to by the parent, guardian, grandparent, Child Agent 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, the School District will require documentation of compliance with:
A. The provisions of O.C.G.A. § 20-2-771 concerning the immunization of students, which includes an exception for religious grounds; and,
B. 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 the required documentation or evidence, a copy of the document will be placed in the student’s record and the original document presented will be returned to the individual registering the student.
4. The School District will ensure that the employee or other designated individual responsible for care of homeless students will assist the homeless student in acquiring the necessary records for enrollment. Proof of residence is not required.
5. The School District will require a Child Agent, or grandparent empowered to enroll the child to produce the same documentation a parent would produce to enroll the child.
6. The following provisions apply to a child or children of military families.
A. In the event that official education records for a child cannot be released to the parents or legal guardian for the purpose of transfer, the School District will accept a complete set of unofficial educational records for a child prepared by the sending school and furnished to the parent or legal guardian.
- i. Upon receipt of such unofficial education records, the School District will 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 School District will request the student’s official education records from the sending school.
B. Students in the household of an active duty military member will 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 school, regardless of age.
- i. A student who has satisfactorily completed the prerequisite grade level in the local education agency in the sending school will be eligible for enrollment in the next highest grade level in the receiving school, regardless of age.
- ii. The School District will initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending school or participation or placement in similar programs based on current educational assessments conducted at the sending school or participation or placement in similar programs in the sending school. Such programs include, but are not limited to: gifted and talented programs, and English as a second language.
- iii. Nothing in this section will preclude the receiving school from performing subsequent evaluations to ensure appropriate placement of the student.
C. The School District will not charge 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.
7. 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 will provide a copy of the enrolling student’s Social Security number to the proper school authorities or will complete and sign a form stating the individual does not wish to provide the social security number. The School District will ensure that student Social Security numbers are treated in the same confidential manner as all other records and in accordance with the Family Educational Rights and Privacy Act (FERPA).
8. A student will 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 or in a court order changing the student’s name.
C. Residency Requirements
1. Except as may be provided herein to the contrary, in order to enroll in the School District, students must reside in Cherokee County with their parent(s), or guardian(s) or Child Agent. Students and their parent(s)/guardian(s)/Child Agent must remain residents of Cherokee County for the entire period of enrollment in the School District. For enrollment purposes, a resident is defined as an individual who is a full-time occupant of a residential dwelling located within the Cherokee County who, on any given school day, is likely to be at their stated address when not at work or school. A person who owns property in the county, but does not reside in the county, is not considered a resident for these purposes.
2. Pursuant to O.C.G.A § 20-2-293(d) a full-time School District employee who is the parent/guardian/Child Agent of a child otherwise eligible to enroll in school is not required to meet the residency requirements of this policy and will be allowed to enroll his/her student in the School District regardless of residence.
3. Except as may be otherwise provided herein the parent, guardian or Child Agent will provide the following proof of residency at the time of enrollment:
- A. For property owners, a current residential property tax statement (if there is no tax bill, then the purchase/closing information for the residence can be used). The record must include the name of the parent/guardian/Child Agent.
- B. For renters, a lease or rental agreement; and (2) a School District-designated affidavit signed by the property owner which will allow for appropriate verification of residency.
- C. For those individuals sharing a residence with others: School District-designated Occupant Affidavit signed by the parent/guardian/Child Agent, as well as the permanent occupant of the residence. If the permanent occupants are renters, then the property owner’s signature on the affidavit will also be required.
- D. A School District employee may visit the address given by any parent/guardian/Child Agent to verify residency. The property address given by the parent/guardian/Child Agent must be the actual location where the student and parent/guardian live full time.
D. Persons Authorized to Enroll Children
Under the provisions stated in O.C.G.A. § 20-2-690.1, a parent, legal guardian, or certain other person has the authority to enroll a student in the School District. Persons enrolling a student in the School District will be required to provide proper identification.
1. A person who is in loco parentis of a homeless child, as defined in the McKinney-Vento Homeless Act 42 U.S.C. § 11431 et seq., will be allowed to enroll the child immediately with full participation in all school activities whether or not appropriate documentation can be provided at the time of enrollment. 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 attendance area in which he or she was enrolled prior to becoming homeless or enroll in the attendance area where he or she is now located.
2. DHS or DJJ representatives: the School District will immediately enroll a student in the physical or legal custody of DHS or DJJ or a student placed by the DHS, DBHDD or DJJ in a residential facility located within the School District’s jurisdiction, pursuant to O.C.G.A. § 20-2-133(b). Upon notification by DJJ that a student will be enrolling in the School District, the School District will 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 IEP team will take precedence.
3. The Child Agent or Nonrelative Attorney in Fact: pursuant to the Supporting and Strengthening Families Act (the “Act”), O.C.G.A. § 19-9-120, et seq., a parent of a child may delegate caregiving authority regarding such child to an individual who is an adult, who resides in Georgia, and who is the grandparent, great-grandparent, step-parent, former step-parent, step-grandparent, aunt, uncle, great aunt, great uncle, cousin, or sibling of such child (“Child Agent”) or is a nonrelative who is approved as a Nonrelative Attorney in Fact by a child-placing agency or a nonprofit entity or faith-based organization for a period not to exceed one year, except as provided in O.C.G.A. § 19-9-132, by executing a Power of Attorney in substantial compliance with the Act.
- a. This Power of Attorney must be signed by both the parent and the individual accepting care of the child. Both signatures must be notarized as indicated on the Power of Attorney. In addition, a copy of the Power of Attorney must be filed by the parent, or his/her designee, with the Cherokee County Probate Court.
- b. In order to enroll a student in the School District, the Child Agent or Nonrelative Attorney in Fact (collectively “Child Agents”) must provide the local school a copy of the Power of Attorney and proof the Power of Attorney has been filed with the Cherokee County Probate Court. In addition, the Agent must also provide all other documentation needed for student enrollment. Except as it relates to Grandparents given a Power of Attorney prior to August 30, 2018, the Power of Attorney must be renewed annually (at the beginning of each school year).
- c. Upon transmitting to a school an executed Power of Attorney in compliance with O.C.G.A. § 19-9-120, the Child Agent named in the Power of Attorney will serve as the school's point of contact for the child regarding truancy, discipline and educational progress for as long as such affidavit will continue to be in effect.
- d. The decision of a Child Agent 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 Child Agent will 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.
- e. If a child ceases to reside with a Child Agent for a period in excess of 30 days, such Child Agent will, no later than 30 days after such period, notify all parties to whom he or she has transmitted the Power of Attorney or to whom he or she has caused the Power of Attorney to be transmitted that the child(ren) is no longer in the Child Agent’s care.
- f. Any individual who knowingly provides false information in executing the Power of Attorney required by this article commits the offense of false swearing within the meaning of O.C.G.A. § 16-10-71 and will be subject to the penalties prescribed by such Code section. g. In accordance with O.C.G.A. § 19-2-132, Grandparents with a Power of Attorney executed on or before August 30, 2018 may enroll their grandchild without court approval, in the school located in the attendance area in which the grandparent resides if the specific conditions set forth in the now repealed “Power of Attorney for the Care of a Minor Child Act,” are met. If the grandparent’s Power of Attorney was properly executed before August 30, 2018, it will have an unlimited duration.
E. Provisional Enrollment Conditions
1. Other than students specifically exempted by rule or by law, a student will be enrolled on a provisional basis and allowed to attend school for 30 calendar days while awaiting evidence of age, residence, or other local requirements. The provisional enrollment period may be extended for extenuating circumstances.
A. Unless the time is extended, if evidence is not provided within this period, the Superintendent or designee will mark the student withdrawn at the end of the 30th day.
B. The Superintendent or designee will notify the individual who registered the student at least 10 calendar days prior to the withdrawal of the student.
- i. The individual who registered the student will be considered noncompliant and subject to all penalties as prescribed in O.C.G.A. § 20-2-690.1.
- ii. The Superintendent will report violations of these provisions 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 will 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 will not be denied enrollment 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 provisions of O.C.G.A. § 20-2-670 regarding the transferal of discipline actions or felony convictions for students in grade seven and above will take precedence over any provisional enrollment.
F. Enrollment for Children of Military Families
1. A person who has been granted a special Power of Attorney, relative to the guardianship of a child of a military family and executed under applicable law, will be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent. 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.
2. A military student in this state will 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 will assume the responsibility for and cost of transportation of the student to and from the school.
3. The School District will 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 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.
G. Enrollment for Immigrant/Non-Visa Holder Students
The School District will accept students who are immigrants/non-visa-holders and who meet age and residency requirements and will not inquire about their legal status in accordance with U.S. Supreme Court Decision in Plyler v. Doe, 457 U.S. 202 (1982).
1. The School District is 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.
2. The School District 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).
3. The School District may accept non-immigrant, foreign exchange students on J1 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).
4. The School District will 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). 5. The School District will 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.
III. STUDENT WITHDRAWAL
A student may be withdrawn by a parent, guardian, or Child Agent.
1. When a parent, guardian, or Child Agent withdraws a student with documentation of proof of enrollment in another school, the student’s withdrawal date will be recorded as the last day of student attendance.
A. If a student is under suspension or expulsion, on the date of withdrawal, the new school of enrollment will be notified of the terms of the suspension or expulsion.
B. 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/legal guardian/Child Agent prior to withdrawing and a conference must be held with the Principal or designee pursuant to O.C.G.A. § 20-2- 690.1(e).
2. When a parent, guardian, or Child Agent does not withdraw a student from a current school according to School District Policy, the School District will withdraw the student.
A. With proof of enrollment in a different school, other LEA, private school, or home study program, the date of withdrawal for a student will be the last school day of student attendance.
B. With no proof of enrollment in another school, other LEA, private school, or home study program, a student will be withdrawn from a school after 10 consecutive unexcused absences or when the School District is provided documentation validating the student no longer resides in the school’s attendance zone.
- i. The student withdrawal date will be the last day of attendance or the day the School District obtains documentation validating the student no longer resides in the school’s attendance zone.
- ii. In the absence of the documented proof, the withdrawal code will indicate that the student was removed for lack of attendance.
- iii. The Superintendent or designee will notify the parent, guardian, or Child Agent if the School District plans to withdraw such student. Such notification will be by certified mail, return receipt requested.
3. A student who is not in attendance on the first day of school but expected based on prior year enrollment, will be withdrawn as a “no-show” student and will not be included in any enrollment or attendance counts.
A. Students not in attendance on the first day of school but expected based on prior year enrollment will not accrue absences until the student is physically present and attending.
B. Students withdrawn as a “no-show” will be recorded in the school’s official records as unknown, unless the School District has proof that the student has enrolled in a different school, other LEA, private school, or home study program.
4. A student will be withdrawn from a school on the day the school receives documentation validating the student no longer resides in the school’s attendance zone unless one of the following exceptions occur:
A. School District Policy allows student to remain enrolled to complete the current school year.
B. Student is allowed to remain enrolled based on O.C.G.A. § 20-2-293 (when a parent/legal guardian/Child Agent is a full-time employee of the School District) or O.C.G.A. §20-2-294 (the student has been granted a reassignment).
5. A student will not be withdrawn due to excused absences defined in SBOE Rule 160-5-1-.10 and O.C.G.A. § 20-2-690.1(c).
6. A student will not be withdrawn while receiving Hospital/Homebound services.
7. Pursuant to the provisions in 34 Code of Federal Regulations (C.F.R.) Part 200, a school will only use a withdrawal code which denotes that a student transferred if the School District has proof that the student enrolled in another school, other LEA, private school or home study program.
A. Documentation must be in writing so that the transfer can be verified through audits or monitoring and maintained in the permanent student record.
B. It is the responsibility of the Principal to ensure that all student withdrawal information is complete and accurate.
8. The following are acceptable forms of documentation when using withdrawal codes that are associated with students who transferred:
A. For students transferring to a school within the School District or another Georgia LEA, proof will 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.
B. For students transferring out of state or to a private school, proof will include the request for records from the receiving school, or a letter from an official in the receiving school acknowledging the student’s enrollment.
C. For students transferring to a home study program, proof will include a document signed by the parent indicating an intention to homeschool the child.
D. For students transferring to another country, a school or School District 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.
Authority McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.), 10 U.S.C. Sections 1209 and 1211, O.C.G.A. § 15-11-725, O.C.G.A. § 19-9-132, O.C.G.A. § 19-9-120, et seq., O.C.G.A. § 20-2-690 (c), 20 U.S.C. § 1400, et seq., O.C.G.A. § 20-2-150, Plyler v. Doe, 457 U.S. 202 (1982), Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Section 625 of Public Law 104-208), Mutual Educational and Cultural Exchange Act of 1961 (Public Law 87-256) as amended, 22 U.S.C. 2451, et seq., O.C.G.A. § 20-2-133(b), O.C.G.A. § 16-10-71, O.C.G.A. § 20-2-295, O.C.G.A. § 20-2-690.1, O.C.G.A. § 20-2-150, O.C.G.A. § 20-2-751.1, O.C.G.A. § 20-2-751.2, O.C.G.A. § 20-2-670, O.C.G.A. § 20-2-771, O.C.G.A. § 20-2-770, Family Educational Rights and Privacy Act (FERPA), State Board of Education (“SBOE”) Rule 160-5-1-.07, O.C.G.A. § 20-2-293 , O.C.G.A. §20-2-294. 34 C.F.R.§200.19
ADOPTED: August 2, 2001 REVISED: July 21, 2022