(a) As used in this Code section, the term:
(1) "Out-of-system student" means a student who is enrolled in a local school system and receives virtual instruction from a virtual school within the local school system, but who resides in another local school system.
(2) "Virtual instruction" means online instruction for grades kindergarten through 12. Such term shall not include virtual instruction received through the Georgia Virtual School established pursuant to Code Section 20-2-319.1 or the clearing-house established pursuant to Code Section 20-2-319.3, or through a state charter school which provides virtual instruction.
(3) "Virtual school" means a school within a local school system which provides virtual instruction.
(b) A local school system that provides virtual instruction through a virtual school whose total student enrollment is composed of more than 5 percent out-of-system students shall:
(1) Ensure that 90 percent of funds earned pursuant to this article for out-of-system students are expended for costs for virtual instruction for such out-of-system students and shall return any excess funds to the state treasury which are not expended for such purposes;
(2) Include in the virtual school and local school system's College and Career Ready Performance Index data academic achievement results for out-of-system students; and
(3) Not provide virtual instruction to out-of-system students in the current academic year if the local school system has a College and Career Ready Performance Index for the most recently available previous academic year that is below the state average for such previous year, and shall not provide virtual instruction to out-of-system students in the current academic year through a virtual school within the local school system that has a College and Career Ready Performance Index for the most recently available previous academic year that is below the state average for such previous year. This paragraph shall stand repealed in its entirety on June 30, 2019.
(c) This Code section shall not be subject to waiver pursuant to Code Section 20-2-82 for a strategic waivers school system, Code Section 20-2-2063.2 for a charter system, Code Section 20-2-2065 for a charter school, or Code Section 20-2-244.
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