Published Friday, June 26, 2009
School transfer law does not apply in Coweta
The Newnan Times-Herald
A new state law allows parents to transfer their children to a different school -- under certain circumstances -- but the new rules will not apply in Coweta County.
"Federal desegregation court orders that still govern the Coweta County School System" will prevent the system from implementing House Bill 251, according to Dean Jackson, public information officer for the Coweta County School System.
HB 251 -- also known as the Quality Basic Education Act -- was signed into law by Gov. Sonny Perdue on May 5. The law takes effect Wednesday and allows for transfers within a school district.
Alisha Morgan, Margaret Kaiser, Ed Setzler and Dee Dawkins-Haigler sponsored the bill in the Georgia House, and Dan Weber sponsored it in the Senate.
The new law "allows student transfers to schools where space is available," Jackson said.
The Georgia Department of Education has notified Coweta County -- and other systems still under federal desegregation orders -- that the desegregation order takes precedence over House Bill 251.
Coweta County has been working to satisfy U.S. Justice Department requirements to have the desegregation orders removed. The process that has required parents to prove residency each year is part of that process.
The school system has posted a letter to parents on the Coweta County Schools' Web site addressing the issue. The letter reads: "As the parent or guardian of a student in a Georgia School System, currently enrolled in our school district, we are writing to notify you that under a new state law you may be allowed to request to transfer your child to another public school in the same school district.
"Under this law, a parent or guardian, can request to have his or her child transferred to another public school within the assigned school district of residence as long as the school district has determined that there is available classroom space at the school after all assigned students have been enrolled, and as long as the school system is not under any court approved desegregation orders that would not allow the transfer.
"The Coweta County School System is currently under a desegregation order and will not be allowed to implement transfers under this new state law at this time. Once the Coweta County School System has been released from the desegregation order by the Justice Department, we will post guidelines for these transfers on this Web site."
The letter suggested parents with questions contact Dr. Steve Barker, the Coweta system's director of administrative services, at steve.barker@cowetaschools.org or at 770-254-2802.
A desegregation court order affecting the Coweta County School System and other school districts has governed the county's policies since 1973. In November 2006, the Coweta County Board of Education and the Justice Department's civil rights division "entered into a mutual consent decree in federal court in an attempt to resolve the 1973 court order," Jackson said. "To meet the terms of the decree, the school system has had to provide extensive documentation on school districting and other items over the course of a minimum two-year period."
Jackson said the Coweta system has met the requirements of the decree during that period, and is awaiting word from the Justice Department about the matter. "The terms of the decree and the 1973 court order still stand until the matter is resolved by the federal court," he said.
Information on the Georgia Department of Education's Web site indicated systems not affected by court orders must "adopt a universal, streamlined process available to all students to implement the new transfer requirements" by July 1 and notify parents by July 1 of each year regarding "which schools have available space and which of these schools parents may choose to request a transfer for their children."
Notification can be by letter, e-mail, posting on a Web site or publication in the local newspaper.
School systems can establish a transfer request period of at least 14 days or choose to "accept students throughout the school year as additional space becomes available," according to Georgia DOE.
School systems may consider such factors as projected enrollment, maximum class sizes and available teachers in deciding where space is available. Systems may also decide "if portable classroom space is or is not included in its definition," according to DOE. "Nothing in the Georgia Department of Education model framework requires local school districts to secure additional space."
Systems must put priorities on transfers relating to existing regulations. The provisions of House Bill 251 do not apply to charter schools or to schools that are less than four years old.
The Georgia Association of Educators urged passage of HB 251 in its original form. GAE also called for "a legislative study of the effect of intradistrict transfers" and the creation of "opportunities that encourage individuals to remain in their home districts for education purposes."
