2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2B - [EDUCATION SAVINGS AUTHORITY] (§§ 20-2B-1 — 20-2B-31) › Article 2 - [Repealed Effective 6/30/2035, or ten years after it becomes effective, whichever is later; provided, however, that any student who is qualified under the program prior to such repeal shall continue to be eligible under the program until the student returns to a public school, graduates from high school, or reaches the age of 20 years, or for any special education student, reaches the age of 21 years] GEORGIA PROMISE SCHOLARSHIP ACT (§§ 20-2B-20 — 20-2B-31) › Section 20-2B-23 - [See Note] [Eligibility to enroll participating student]

(a)
To be eligible to enroll a participating student, a participating school shall:
(1)
Demonstrate fiscal soundness by having been in operation for one school year or by submitting a financial information report for the school that complies with uniform financial accounting standards established by the education savings authority and conducted by a certified public accountant. The report shall confirm that the school desiring to participate is insured and the owner or owners of such school have sufficient capital or credit to operate the school for the upcoming school year serving the number of students anticipated with expected revenues from tuition and other sources that may be reasonably expected. The report shall be limited in scope to those records that are necessary for the education savings authority to make a determination on fiscal soundness of the school;
(2)
(A)
Beginning on August 1 of the first year following the year in which this article becomes effective and by August 1 each year thereafter, submit to the education savings authority and the Department of Education a report of:
(i)
The aggregate data of student attendance rates and course completion rates for eligible core courses and eligible CTAE courses, as such terms are defined in Code Section
20-2-161.3
, of all participating students enrolled in such participating school;
(ii)
The dates of enrollment for each participating student enrolled in such participating school during the previous school year; and
(iii)
The amount of account funds, if any, received on behalf of each participating student during the previous school year.
(B)
Beginning on August 1 of the fourth year following the year in which this article becomes effective and by August 1 each year thereafter, submit to the education savings authority and the Department of Education a report of the on-time graduation rate of participating students enrolled in such participating school. For purposes of this subparagraph, the on-time graduate rate shall be calculated using the four-year adjusted cohort graduation rate criteria which are used by the Department of Education for state and federal accountability purposes;
(3)
Comply with the antidiscrimination provisions of
42 U.S.C. Section 2000d
;
(4)
Comply with all health and safety laws or codes that apply to private schools;
(5)
Comply with all provisions of Code Section
20-2-690
and any other state law applicable to private schools; and
(6)
Be located in Georgia.
(b)
A participating school or service provider may apply to the education savings authority to participate in the program and accept account funds for providing services covered as qualified education expenses.
(c)
The education savings authority shall, not later than 60 days after receiving a participating school's or service provider's application for approval, notify such school or service provider as to whether its application has been approved or denied. If the education savings authority denies an application, the education savings authority shall provide a reason and notify the school or service provider that it may appeal the decision to the parent review committee created pursuant to Code Section 20-2B-25.
(d)
A participating school and service provider shall not refund, rebate, or share account funds with a parent or student in any manner.
(e)
The creation of the program shall not be construed to expand the regulatory authority of the state, its officers, or any local school system to impose any additional regulation of nonpublic schools beyond those reasonably necessary to enforce the requirements of this article.
(f)
The education savings authority shall not require a participating school or service provider to alter such school's or provider's creed, practices, admission policies, employment policies, or curricula in order to receive account funds under the program.
(g)
A participating school or service provider shall not be deemed an agent of the state or federal government as a result of participating in the program or accepting account funds.
Repealed by 2024 Ga. Laws 457,§ 2-1, eff. 6/30/2035, or ten years after it becomes effective, whichever is later; provided, however, that any student who is qualified under the program prior to such repeal of Part II shall continue to be eligible under the program until the student returns to a public school, graduates from high school, or reaches the age of 20 years, or for any special education student, reaches the age of 21 years.
Added by 2024 Ga. Laws 457,§ 2-1, eff. only if the "Quality Basic Education Act," as provided for in Article 6 of Chapter 2 of Title 20, is fully funded, app. to school years beginning on 7/1/2025, and continuing thereafter.