(1) DEFINITION.
(a) Excessive travel time and distance -
1. The actual transportation time one way (on a school bus) to the school where
the student has been assigned takes forty-five minutes longer than the transportation
time (on a school bus) to the closer school where the student wants to be reassigned;
or
2. The actual transportation distance one way (via the school bus route) to the
school where the student has been assigned is at least 15 miles farther than the
distance to the closer school where the student wants to be reassigned.
(b) Notification of a student’s assignment - annual establishment of school
attendance zones by the local board of education.
(2) REQUIREMENTS.
(a) With the approval of the local board of education, a student may be reassigned
to another school within the district where the student resides if all of the following
conditions under subsection (a) are met:
1. The school to which the student has been assigned does not have available
permanent classroom space, and the student is assigned to nonpermanent classroom
facilities for instruction.
2. Another school within the district where the student resides has permanent
classroom space available.
3. The parent or guardian of the student has submitted a written request to the local
board of education asking for the student to be reassigned to a school where
permanent classroom space is available.
4. The parent or guardian assumes responsibility for providing transportation for
the student if a request for reassignment is granted by the local board of education.
(b) With the approval of both the sending and the receiving local boards of
education, a student may be reassigned to a school in another school district if all of
the following conditions under subsection (b) are met:
1. A school in another school district is closer to the student’s place of residence
than the school to which the student has been assigned.
2. The actual transportation time or distance on a bus one way to the school where
the student has been assigned is determined to be excessive in terms of travel time or
distance as defined in (1)(a)1 or (1)(a)2.
3. The school to which the student is requesting reassignment is offering an
instructional program comparable to that offered in the school where the student was
originally assigned.
4. The school in the other school system to which the student is requesting
reassignment has available permanent classroom space.
5. The parent or guardian assumes responsibility for providing transportation for
the student.
6. For the 2000-2001 school year, the parent or guardian of a student requesting
reassignment shall submit written requests to the local board of education where the
student wishes to be reassigned and to the local board of education where the student
resides within seven days after the beginning of school or seven days after the
effective date of this rule whichever is later. Beginning with the 2001-2002 school
year, each local board of education is required to establish and annually publish the
school attendance zones for the school system. The parent or guardian of a student
eligible to request reassignment shall submit written requests each year to the local
board of education for the school where the student wishes to be reassigned and to the
local board of education where the student resides by no later than seven days
following the publication of attendance zones. The responsible local boards of
education shall respond to the requesting parent or guardian within 30 days of receipt
of the request for reassignment.
(c) If both local boards of education agree to the reassignment, the state and federal
funds earned by those students allotted to the sending school system shall be
reallotted to the receiving school system.
(d) The receiving school system may elect to receive any part or all of the local five
mill share directly from the sending school system correlated to the number of
transferred students.
(e) The school system providing services may apply to the state for reimbursement
in an amount equal to 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 (excluding transportation costs).
(f) If the parties are unable to reach a satisfactory agreement regarding a request to
reassign a student to another school, the parent or guardian may request an appeal of
the decision(s) made by the local board(s) of education. Such appeal shall comply
with the procedures in O.C.G.A. § 20-2-1160 and State Board of Education Rule 160-
1-3-.04 School Law Tribunals and Appeals.
(g) Nothing in this rule shall be construed to interfere with desegregation plans in
effect or any subsequent implementation thereof.
(h) Nothing in this rule shall be construed to alter contractual relationships between
two or more school systems.