20-1-1. Acceptance and adoption of annuity contracts of teachers hired from other Georgia school systems.

The several county and independent school system boards of education and school superintendents are authorized and directed to accept and adopt previously obtained annuity contracts of school teachers hired from other Georgia school systems and to withhold salary deductions in accordance with such contracts, if such boards of education or school superintendents had notice or knowledge of the annuity contracts before hiring any of such teachers.

History. Ga. L. 1970, p. 458, § 1; Ga. L. 1987, p. 3, § 20; Ga. L. 2001, p. 4, § 20.

20-1-2. Power of the governing boards of public school systems to establish supplemental pension and retirement allowances.

The governing boards of public school systems of this state are authorized to establish pension and retirement allowances out of local funds to supplement the allowances provided for teachers under the Teachers Retirement System of Georgia.

History. Ga. L. 1949, p. 1183, § 1.

Cross references.

Health insurance plans for retired former employees of public school systems, Ga. Const. 1983, Art. III, Sec. VI, Para. VI.

Application of other state-funded pension or retirement benefits to members and beneficiaries of Teachers Retirement System of Georgia, § 47-3-140 .

20-1-3. Eligibility of teachers receiving retirement benefits from the Board of Regents of the University System of Georgia to be members of the Teachers Retirement System of Georgia.

Teachers in the University System of Georgia who upon retirement receive retirement pay or allowances from or through the Board of Regents of the University System of Georgia shall not be disqualified thereby from becoming members of the Teachers Retirement System of Georgia. As used in this Code section, “teacher” means the same as it is defined in Code Section 47-3-1.

History. Ga. L. 1945, p. 454, § 1.

20-1-4. Power of the Board of Regents of the University System of Georgia to establish supplemental pension and retirement allowances.

The Board of Regents of the University System of Georgia is authorized to establish pension and retirement allowances to supplement the allowances provided for teachers under the Teachers Retirement System of Georgia.

History. Code 1933, § 32-152, enacted by Ga. L. 1949, p. 1196, § 1.

Cross references.

Application of other state-funded pension or retirement benefits to members and beneficiaries of Teachers Retirement System of Georgia, § 47-3-140 .

20-1-5. Liability of surrogate parents.

Any individual appointed to act as a surrogate parent for a child pursuant to federal law (P.L. 94-142) and federal regulations (34 C.F.R. 8300.514), as such law and regulations existed on January 1, 1985, shall not be liable for any civil damages for any action or actions done while performing duty as a surrogate parent, except for acts or omissions to act constituting gross, willful, or wanton negligence.

History. Code 1981, § 20-1-5 , enacted by Ga. L. 1985, p. 447, § 1.

U.S. Code.

Public Law 94-142, the federal Education for All Handicapped Children Act of 1975, amended or enacted provisions throughout the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq.

20-1-6. Retired Teachers’ Day.

1. The Sunday commencing the third week of November of each year is designated as Retired Teachers’ Day.
2. The Governor may issue annually a proclamation designating the Sunday commencing the third week of November of each year as Retired Teachers’ Day and calling upon public schools and citizens of the state to observe the occasion and to take the opportunity to honor the retired teachers of the state.

History. Code 1981, § 20-1-6 , enacted by Ga. L. 1986, p. 619, § 1.

Cross references.

Holidays and observances generally, T. 1, C. 4.

20-1-6.1. Official state school.

Plains High School is designated as the official Georgia state school.

History. Code 1981, § 20-1-6.1 , enacted by Ga. L. 1997, p. 1060, § 1.

20-1-7. Fraudulent activities with respect to documents conferred by institution of education; penalties.

1. No person may buy, sell, create, duplicate, alter, give, or obtain or attempt to buy, sell, create, duplicate, alter, give, or obtain a diploma, certificate, academic record, certificate of enrollment, or other instrument which purports to signify merit or achievement conferred by an institution of education in this state with the intent to use fraudulently such document or to allow the fraudulent use of such document.
2. Any person who violates subsection (a) of this Code section or who aids another in violating subsection (a) of this Code section shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00 or by imprisonment for a period not to exceed one year, or both.

History. Code 1981, § 20-1-7 , enacted by Ga. L. 1991, p. 1143, § 1.

Law reviews.

For note on 1991 enactment of this Code section, see 8 Ga. St. U.L. Rev. 66 (1992).

20-1-8. Placement of lottery funds into Construction Reserve Trust Fund.

Any lottery funds appropriated for purposes of new capital construction shall be placed in a Construction Reserve Trust Fund to be maintained by the appropriate fiscal officers of state government. Funds so placed in the Construction Reserve Trust Fund shall be deemed to be committed for educational purposes and programs in compliance with subsection (d) of Code Section 50-27-13. Any such funds must be designated by project by the appropriate educational agency no later than June 30 of the fiscal year for which the funds were appropriated. Any such funds must be contractually obligated no later than June 30 of the fiscal year following the fiscal year for which the funds were appropriated. Any funds not designated or contractually obligated within such time periods shall lapse; and additionally any funds not expended as originally designated and obligated within 24 months after the close of the fiscal year for which such funds were originally appropriated shall lapse. Any funds so lapsing shall lapse to the general fund of the state treasury and shall be credited to the Lottery for Education Account.

History. Code 1981, § 20-1-8 , enacted by Ga. L. 1995, p. 701, § 1; Ga. L. 1996, p. 6, § 20.

Editor’s notes.

This Code section applies with respect to appropriations for the fiscal year ending June 30, 1995, as well as all future fiscal years.

20-1-9. “Local school system,” “local boards of education,” and “county boards of education” defined.

Except as may otherwise be specifically provided, as used in this title, the term “local school system” shall refer to both any county school system and any independent school system which may be in existence in a county. The terms “local boards of education” and “county boards of education” shall refer to both any county board of education and the board of education of any independent school system which may be in existence in a county.

History. Code 1981, § 20-1-9 , enacted by Ga. L. 1996, p. 378, § 1.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1996, this Code section, originally enacted as Code Section 20-1-8, was redesignated as Code Section 20-1-9.

20-1-10. Certification by Department of Public Safety required prior to contracting with motor or contract carrier.

1. As used in this Code section, the term “educational institution” means any elementary or secondary school, any child care learning center, and any college, university, technical school, or other institution of higher learning.
2. No educational institution receiving state funds shall enter into an agreement with a motor carrier or contract carrier for the purpose of transporting students without first verifying that such carrier is certified by the Department of Public Safety as required by Article 5 of Chapter 2 of Title 35, the Federal Motor Carrier Safety Administration, or any other similarly required certifying agency.

History. Code 1981, § 20-1-10 , enacted by Ga. L. 2010, p. 409, § 1/SB 392; Ga. L. 2011, p. 752, § 20/HB 142; Ga. L. 2012, p. 580, § 4/HB 865.

Editor’s notes.

Ga. L. 2010, p. 409, § 3/SB 392, not codified by the General Assembly, provides that this Code section shall apply to agreements entered into on or after July 1, 2010.

20-1-11. Advocating for divisive concepts; prohibition on discrimination; practice of tolerance and mutual respect encouraged; complaint resolution policies; inspection of records; waivers prohibited.

1. As used in this Code section, the term:
   1. “Divisive concepts” means any of the following concepts, including views espousing such concepts:
      1. One race is inherently superior to another race;
      2. The United States of America is fundamentally racist;
      3. An individual, by virtue of his or her race, is inherently or consciously racist or oppressive toward individuals of other races;
      4. An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race;
      5. An individual’s moral character is inherently determined by his or her race;
      6. An individual, solely by virtue of his or her race, bears individual responsibility for actions committed in the past by other individuals of the same race;
      7. An individual, solely by virtue of his or her race, should feel anguish, guilt, or any other form of psychological distress;
      8. Performance-based advancement or the recognition and appreciation of character traits such as a hard work ethic are racist or have been advocated for by individuals of a particular race to oppress individuals of another race; or
   2. “Espousing personal political beliefs” means an individual, while performing official duties as part of his or her employment or engagement with a school or local school system, intentionally encouraging or attempting to persuade or indoctrinate a student, school community member, or other school personnel to agree with or advocate for such individual’s personal beliefs concerning divisive concepts.
   3. “Race scapegoating” means assigning fault or blame to a race, or to an individual of a particular race because of his or her race. Such term includes, but is not limited to, any claim that an individual of a particular race, consciously and by virtue of his or her race, is inherently racist or is inherently inclined to oppress individuals of other races.
   4. “Race stereotyping” means ascribing character traits, values, moral or ethical codes, status, or beliefs to an individual because of his or her race.
2. Each local board of education, local school superintendent, and the governing body of each charter school shall prohibit employees from discriminating against students and other employees based on race.
3. 1. Each local board of education, local school superintendent, and the governing body of each charter school shall ensure that curricula and training programs encourage employees and students to practice tolerance and mutual respect and to refrain from judging others based on race.
   2. Each school and local school system may provide curricula or training programs that foster learning and workplace environments where all students, employees, and school community members are respected; provided, however, that any curriculum, classroom instruction, or mandatory training program, whether delivered or facilitated by school personnel or a third party engaged by a school or local school system, shall not advocate for divisive concepts.
4. Nothing in this Code section shall be construed or applied to:
5. 1. No later than August 1, 2022, each local board of education and the governing body of each charter school shall adopt a complaint resolution policy to address complaints alleging violations of any provision of subsections (b) through (d) of this Code section. The complaint resolution policy shall provide that:
   2. Following a decision by a local board of education regarding a complaint made pursuant to paragraph (1) of this subsection, any party aggrieved by the decision of the local board of education shall have the right to appeal such decision to the State Board of Education for a hearing as provided in Code Section 20-2-1160.
   3. The State Board of Education shall, after hearing an appeal brought pursuant to paragraph (2) of this subsection, make written findings regarding whether any violations of any provision of subsections (b) through (d) of this Code section occurred at a school in such school system. If the State Board of Education finds that one or more such violations occurred, it shall direct the Department of Education to develop a corrective action plan to be provided to the local school system within ten days of such finding, and the local school system shall have 30 days to implement the corrective action plan. If the State Board of Education finds that such local school system has not implemented the corrective action plan:
   4. No later than July 1, 2022, the State Board of Education shall promulgate a model policy to assist schools and local school systems with establishing a complaint resolution process that meets the requirements of paragraph (1) of this subsection. The Department of Education shall develop guidance for schools and local school systems for use when determining whether violations of subsections (b) through (d) of this Code section have occurred. The Department of Education shall be authorized to revise such guidance from time to time.
   5. Nothing in this subsection shall be construed to prohibit any cause of action available at law or in equity to a complainant who is aggrieved by a decision of a local board of education, the governing body of a charter school, or the State Charter Schools Commission made pursuant to subparagraph (F) of paragraph (1) of this subsection.
6. 1. Any individual described in divisions (e)(1)(A)(i) through (iii) of this Code section shall have the right at any time, including prior to filing a complaint as provided in subsection (e) of this Code section, to request, in writing, from the local school superintendent or school principal nonconfidential records which he or she reasonably believes may substantiate a complaint under this Code section. The local school superintendent or school principal shall produce such records for inspection within a reasonable amount of time not to exceed three business days of receipt of a request. In those instances where some, but not all, of the records requested are available for inspection within three business days, the local school superintendent or school principal shall make available within that period such records that are available for inspection. In any instance where some or all of such records are unavailable within three business days of receipt of the request, and such information exists, the local school superintendent or school principal shall, within such time period, provide the requester with a description of such records and a timeline for when the records will be available for inspection and shall provide the records or access thereto as soon as practicable but in no case later than 30 days after receipt of the request.
   2. If the local school superintendent or school principal denies a parent’s request for records or does not provide existing responsive records within 30 days, the parent may appeal such denial or failure to respond to the local board of education or charter school governing board. The local board of education or charter school governing board must place such appeal on the agenda for its next public meeting. If it is too late for such appeal to appear on the next meeting’s agenda, the appeal must be included on the agenda for the subsequent meeting.
   3. Nothing in this subsection shall be construed to prohibit any cause of action available at law or in equity to a parent who is aggrieved by a decision of a local board of education or the governing body of a charter school made pursuant to paragraph (2) of this subsection.
7. This Code section shall not be subject to waivers pursuant to Code Section 20-2-82 for a strategic waivers school system; Code Section 20-2-244 for a local board of education; Code Section 20-2-2063.2 for a charter system; or Code Section 20-2-2065 for a charter school established pursuant to Article 31 or Article 31A of this chapter, a charter system, or schools within a charter system.

1. Any other form of race scapegoating or race stereotyping.
   1. Inhibit or violate the rights protected by the Constitutions of Georgia and the United States of America or undermine intellectual freedom and free expression;
   2. Infringe upon the intellectual vitality of students and employees of local boards of education, local school systems, or other schools;
   3. Prohibit a local board of education, local school system, or other school from promoting concepts such as tolerance, mutual respect, cultural sensitivity, or cultural competency; provided, however, that such efforts do not conflict with the requirements of this Code section and other applicable laws;
   4. Prohibit a school administrator, teacher, other school personnel, or an individual facilitating a training program from responding in a professionally and academically appropriate manner and without espousing personal political beliefs to questions regarding specific divisive concepts raised by students, school community members, or participants in a training program;
   5. Prohibit the discussion of divisive concepts, as part of a larger course of instruction, in a professionally and academically appropriate manner and without espousing personal political beliefs;
   6. Prohibit the full and rigorous implementation of curricula, or elements of a curriculum, that are required as part of advanced placement, international baccalaureate, or dual enrollment coursework; provided, however, that such implementation is done in a professionally and academically appropriate manner and without espousing personal political beliefs;
   7. Prohibit the use of curricula that addresses the topics of slavery, racial oppression, racial segregation, or racial discrimination, including topics relating to the enactment and enforcement of laws resulting in racial oppression, segregation, and discrimination in a professionally and academically appropriate manner and without espousing personal political beliefs;
   8. Create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against a local board of education, local school system, or other school, or the departments, agencies, entities, officers, employees, agents, or any other personnel affiliated with such local board of education, local school system, or other school; or
   9. Prohibit a state or federal court or agency of competent jurisdiction from ordering training or other remedial action that discusses divisive concepts due to a finding of discrimination, including discrimination based on race.
      1. A school or local school system shall not be required to respond to a complaint made pursuant to this subsection unless it is made by:
         1. The parent of a student enrolled at the school where the alleged violation occurred;
         2. A student who has reached the age of majority or is a lawfully emancipated minor and who is enrolled at the school where the alleged violation occurred; or
         3. An individual employed as a school administrator, teacher, or other school personnel at the school where the alleged violation occurred;
      2. The complaint shall first be submitted in writing to the principal of the school where the alleged violation occurred;
      3. The complaint shall provide a reasonably detailed description of the alleged violation;
      4. 1. Within five school days of receiving such written complaint, the school principal or a designee of the charter school or local school system shall review the complaint and take reasonable steps to investigate the allegations in the complaint;
         2. Within ten school days of receiving the complaint, unless another schedule is mutually agreed to by the complainant and the school principal or the designee of the charter school or local school system, the school principal or such designee shall confer with the complainant and inform the complainant whether a violation occurred, in whole or in part, and, if such a violation was found to have occurred, what remedial steps have been or will be taken; provided, however, that the confidentiality of student or personnel information shall not be violated; and
         3. Following such conference, within three school days of a request by the complainant, the school principal or the designee of the charter school or local school system shall provide to the complainant a written summary of the findings of the investigation and a statement of remedial measures, if any; provided, however, that such written response shall not disclose any confidential student or personnel information;
      5. The determinations provided for in subparagraph (D) of this paragraph shall be reviewed by the governing body of a state charter school or the local school superintendent or his or her designee, as applicable, within ten school days of receiving a written request for such review by the complainant addressed to the governing body of a state charter school or the local school superintendent, as applicable; provided, however, that confidential student or personnel matters shall not be subject to review pursuant to this subparagraph; and
      6. 1. The local school superintendent’s decision following the review provided for in subparagraph (E) of this paragraph shall be subject to review by the local board of education as provided in Code Section 20-2-1160; provided, however, that confidential student or personnel matters shall not be subject to review pursuant to this division; and
         2. The decision of the governing body of a state charter school following the review provided for in subparagraph (E) of this paragraph shall be subject to review by the State Charter Schools Commission, whereupon the State Charter Schools Commission shall take appropriate remedial measures, including, but not limited to, revocation of a state charter school’s charter; provided, however, that confidential student or personnel matters shall not be subject to review pursuant to this division.
            1. 1. In cases where the local school system at issue has been granted one or more waivers as provided in Article 4 of Chapter 2 of this title, Code Section 20-2-244, or Code Section 20-2-2065, the State Board of Education shall order the immediate suspension of one or more waivers included in the local school system’s contract with the State Board of Education providing for such waivers;
               2. The State Board of Education shall exercise discretion in determining which waivers shall be subject to such order of suspension and shall, as may be reasonable and practicable, narrowly tailor such order to address specific violations of provisions of subsections (b) through (d) of this Code section; and
               3. An order suspending a local school system’s waivers pursuant to division (i) of this subparagraph shall be in effect for no less than 12 months from the date of such order and, if the remainder of the current term of such local school system’s contract with the State Board of Education providing for waivers is greater than 12 months, then no longer than such remainder; and
            2. In cases where the local school system at issue has not been granted a waiver as provided in Article 4 of Chapter 2 of this title, Code Section 20-2-244, or Code Section 20-2-2065, the State Board of Education shall refer the matter to the State School Superintendent to determine whether to exercise his or her suspension authority as provided in Code Section 20-2-34.

History. Code 1981, § 20-1-11 , enacted by Ga. L. 2022, p. 136, § 1-2/HB 1084.

Effective date.

This Code section became effective July 1, 2022.

Editor’s notes.

Ga. L. 2022, p. 136, § 1-1/HB 1084, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Protect Students First Act.’”

20-1-14. Short title.

This article shall be known and may be cited as “The Caregiver Educational Consent Act.”

History. Code 1981, § 20-1-14 , enacted by Ga. L. 2017, p. 113, § 2/SB 186.

20-1-15. Definitions.

As used in this article, the term:

1. “Child” means any individual under 18 years of age.
2. “Fictive kin” means 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.
3. “Kinship caregiver” means a grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, cousin, sibling, or fictive kin who has assumed responsibility for raising a child in an informal, noncustodial, or guardianship capacity upon the parents or legal custodians of such child:
   1. Losing or abdicating the ability to care for such child; or
   2. Being unable to ensure that the child will attend school for reasons, including, but not limited to:
      1. A parent or legal custodian being unable to provide care due to the death of a parent or legal custodian;
      2. A serious illness or terminal illness of a parent or legal custodian;
      3. The physical or mental condition of the parents or legal custodians such that proper care and supervision of the child cannot be provided;
      4. The incarceration of a parent or legal custodian;
      5. The inability to locate the parents or legal custodians;
      6. The loss or uninhabitability of the child’s home as the result of a natural disaster; or
      7. A period of active military duty of the parents or legal custodians exceeding 24 months.
4. “Legal custodian” means a person who has been awarded permanent custody of a child by court order.
5. “Parent” means the legal father or the legal mother of a child.
6. “Reasonable efforts” means actions that a reasonable individual would find sufficient to determine whether one conclusion is more likely than the other.

History. Code 1981, § 20-1-15 , enacted by Ga. L. 2017, p. 113, § 2/SB 186; Ga. L. 2019, p. 1056, § 20/SB 52.

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, deleted the subsection (a) designation at the beginning of this Code section and substituted “a person who” for “a person that” in paragraph (4).

20-1-16. Kinship caregiver authorized to provide legal consent.

1. A kinship caregiver shall be authorized, on behalf of a child residing with the kinship caregiver, which child is not in the custody of the Division of Family and Children Services of the Department of Human Services, to give legal consent for such child to:
   1. Receive any educational services;
   2. Receive medical services directly related to academic enrollment; or
   3. Participate in any curricular or extracurricular activities

      for which parental consent is usually required by executing the affidavit described in Code Section 20-1-18. The affidavit shall not be valid for more than one year after the date on which it is executed.

2. Upon transmitting to a school an executed affidavit described in Code Section 20-1-18, the kinship caregiver shall serve as the school’s point of contact for the child regarding truancy, discipline, and educational progress for as long as such affidavit shall continue to be in effect.
3. The decision of a kinship caregiver 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 kinship caregiver shall 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.
4. Reasonable efforts shall be made by the kinship caregiver to locate at least one of the child’s parents prior to the notarization and submission of the affidavit set forth in Code Section 20-1-18.
5. Nothing in this Code section shall apply to, or give authority for, an abortion as provided in Code Section 15-11-682 or any other provision of law.

History. Code 1981, § 20-1-16 , enacted by Ga. L. 2017, p. 113, § 2/SB 186.

20-1-17. Reliance on properly executed affidavit; notice of child ceasing to reside with kinship caregiver; provision of false information in execution of affidavit.

1. No person who acts in good faith reliance on a properly executed kinship caregiver’s affidavit, having no actual knowledge of any facts contrary to those stated in the affidavit, shall be subject to civil liability or criminal prosecution, or to professional disciplinary procedure, for any action which would have been proper if the facts had been as they believed them to be. This subsection shall apply even if educational services or medical services directly related to academic enrollment or any curricular or extracurricular activities are rendered to a child in contravention of the wishes of the parent or legal custodian of such child; provided, however, that the person rendering the educational services or medical services directly related to academic enrollment or any curricular or extracurricular activities shall not have actual knowledge of the wishes of the parent or legal custodian.
2. A person who relies on a properly executed kinship caregiver’s affidavit has no obligation to make further inquiry or investigation. Nothing in this article shall relieve any person of responsibility for violations of other provisions of law, rules, or regulations.
3. If a child ceases to reside with a kinship caregiver for a period in excess of 30 days, such kinship caregiver shall, not later than 30 days after such period, notify all parties to whom he or she has transmitted the affidavit or to whom he or she has caused the affidavit to be transmitted.
4. Any individual who knowingly provides false information in executing the affidavit required by this article commits the offense of false swearing within the meaning of Code Section 16-10-71 and shall be subject to the penalties prescribed by such Code section.

History. Code 1981, § 20-1-17 , enacted by Ga. L. 2017, p. 113, § 2/SB 186; Ga. L. 2019, p. 1056, § 20/SB 52.

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted “person who” for “person that” at the beginning of subsections (a) and (b).

20-1-18. Requirements for validly executed affidavit; form.

1. A kinship caregiver’s affidavit shall be invalid unless it substantially contains, in not less than ten-point boldface type or a reasonable equivalent thereof, the form set forth in subsection (b) of this Code section. The warning statement shall be enclosed in a box with three-point rule lines.
2. The kinship caregiver’s affidavit shall be substantially in the following form:

   Use of this affidavit is authorized by O.C.G.A. Section 20-1-16.

   INSTRUCTIONS: Please print clearly.

   I hereby certify that the child named below lives in my home and I am 18 years of age or older.

   1. Name of child:  _________
   2. Child’s date of birth:  _________
   3. My full name (kinship caregiver giving authorization):  _________
   4. My home address:  _________
   5. [ ] I am a kinship caregiver.
   6. I have assumed kinship caregiver status because of one or more of the following circumstances (check at least one):

      [ ] A parent being unable to provide care due to the death of the other parent;

      [ ] A serious illness or terminal illness of a parent;

      [ ] The physical or mental condition of the parent or the child such that proper care and supervision of the child cannot be provided by the parent;

      [ ] The incarceration of a parent;

      [ ] The loss or uninhabitability of the child’s home as the result of a natural disaster;

      [ ] A period of active military duty of a parent exceeding 24 months; or

      [ ] I am unable to locate a parent or parents at this time to notify them of my intended authorization because (list reasons):

      _________ .

   7. Names of parent(s) or legal custodian(s):  _________
   8. Address of parent(s) or legal custodian(s):  _________
   9. Phone numbers and email addresses of parent(s) or legal custodian(s):
   10. Kinship caregiver’s date of birth:  _________
   11. Kinship caregiver’s State of Georgia driver’s license number or identification card number:  _________

       WARNING: DO NOT SIGN THIS FORM IF ANY OF THE STATEMENTS ABOVE ARE INCORRECT OR YOU WILL BE COMMITTING A CRIME PUNISHABLE BY A FINE, IMPRISONMENT, OR BOTH.

       I recognize that if I knowingly and willfully make a false statement in this affidavit, I will be guilty of the crime of false swearing.

       _______________

       (Kinship caregiver’s signature)

       _______________

       (Kinship caregiver’s printed name)

       Sworn to and subscribed

       before me this _______________

       day of _______________ , _______________ .

       Notary public (SEAL)

       My commission expires: _______________ .

“KINSHIP CAREGIVER’S AFFIDAVIT

NOTICES:

1. This declaration does not affect the rights of the named child’s parent or legal guardian regarding the care, custody, and control of the child and does not mean that the kinship caregiver has legal custody of the child.
2. A person who relies on this affidavit has no obligation to make any further inquiry or investigation.
3. This affidavit is not valid for more than one year after the date on which it is executed.

ADDITIONAL INFORMATION:

TO KINSHIP CAREGIVERS:

1. If the child stops living with you for a period of more than 30 days, you are required to provide notice not later than 30 days after such period to anyone to whom you have given this affidavit as well as anyone of whom you have actual knowledge who received the affidavit from a third party.
2. If you do not have the information in item 11 of the affidavit (State of Georgia driver’s license or identification card), you must provide another form of identification, such as your social security number.

TO SCHOOL OFFICIALS:

The school system may require additional reasonable evidence that the kinship caregiver resides at the address provided in item 4 of the affidavit.

TO HEALTH CARE PROVIDERS AND HEALTH CARE SERVICE PLANS:

1. No person who acts in good faith reliance upon a kinship caregiver’s affidavit to render educational services or medical services directly related to academic enrollment or any curricular or extracurricular activities, without actual knowledge of facts contrary to those stated in the affidavit, shall be subject to criminal prosecution or civil liability to any person, or subject to any professional disciplinary action, for such reliance if the applicable portions of the form are completed.
2. This affidavit does not confer dependency for health care coverage purposes.”

History. Code 1981, § 20-1-18 , enacted by Ga. L. 2017, p. 113, § 2/SB 186; Ga. L. 2019, p. 1056, § 20/SB 52.

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, at the end of the kinship caregiver’s affidavit in subsection (b), under notices and additional information, substituted “person who” for “person that” in two places, and revised punctuation in paragraph (2) under “TO KINSHIP CAREGIVERS:”.

20-1-19. Article does not supersede “Supporting and Strengthening Families Act.”

Nothing in this article shall be construed to supersede Article 4 of Chapter 9 of Title 19, the “Supporting and Strengthening Families Act.”

History. Code 1981, § 20-1-19 , enacted by Ga. L. 2017, p. 113, § 2/SB 186.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2020, “Supporting and Strengthening Families Act” was substituted for “Power of Attorney for the Care of a Minor Child Act” in the section heading and text.

20-1-20. Short title.

This article shall be known and may be cited as the “Drug-free Postsecondary Education Act of 1990.”

History. Code 1981, § 20-1-20 , enacted by Ga. L. 1990, p. 2037, § 1.

20-1-21. Legislative findings and intent.

The General Assembly finds that the manufacture, distribution, sale, possession, or use of marijuana, controlled substances, or dangerous drugs in an unlawful manner is a serious threat to the public health, safety, and welfare and to the academic achievement of students enrolled in the public and nonpublic colleges, universities, and postsecondary technical institutes of this state. It is declared to be a primary purpose and goal of this state, of all of its agencies and instrumentalities, and of all of its public officials and employees to take all reasonable steps possible to eradicate the unlawful manufacture, distribution, sale, possession, and use of marijuana, controlled substances, and dangerous drugs. With this purpose in mind, the General Assembly declares that the public and nonpublic colleges, universities, and postsecondary technical institutes in this state must be absolutely free of any person who would knowingly manufacture, distribute, sell, possess, or use marijuana, a controlled substance, or a dangerous drug in an unlawful manner. For this reason, the General Assembly enacts this article.

History. Code 1981, § 20-1-21 , enacted by Ga. L. 1990, p. 2037, § 1.

20-1-22. Definitions.

As used in this article, the term:

1. “Authority” means the Georgia Student Finance Authority created pursuant to Code Section 20-3-313.
2. “Controlled substance” means any drug, substance, or immediate precursor included in the definition of the term “controlled substance” in paragraph (4) of Code Section 16-13-21.
3. “Convicted” or “conviction” refers to a plea of guilty, a finding of guilty by a court of competent jurisdiction, or the acceptance of a plea of nolo contendere or affording of first offender treatment by a court of competent jurisdiction, irrespective of the pendency or availability of any appeal or application for collateral relief.
4. “Dangerous drug” means any drug or substance defined as such under Code Section 16-13-71.
5. “Date of conviction” means the date that the trial court determines guilt and enters judgment thereon or the date on which the court accepts a plea of nolo contendere or formally allows a person to receive first offender treatment.
6. “Marijuana” shall have the same meaning as such term is defined in paragraph (16) of Code Section 16-13-21.
7. “Nonpublic educational institution” means any postsecondary educational institution not established, operated, or governed by the State of Georgia.
8. “Public educational institution” means:
   1. Any two-year college, college, university, or other institution of higher learning under the management and control of the Board of Regents of the University System of Georgia; and
   2. Any postsecondary technical school under the management and control of the State Board of the Technical College System of Georgia.
9. “Student” means any person who is enrolled as a student in courses for academic credit on a full-time, part-time, temporary, or intermittent basis in any public or nonpublic educational institution.

History. Code 1981, § 20-1-22 , enacted by Ga. L. 1990, p. 2037, § 1; Ga. L. 2011, p. 632, § 3/HB 49.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1990, the word “on” was inserted following “academic credit” in paragraph (9).

20-1-23. Disciplinary action for student of public educational institution.

Any student of a public educational institution who is convicted, under the laws of this state, the United States, or any other state, of any felony offense involving the manufacture, distribution, sale, possession, or use of marijuana, a controlled substance, or a dangerous drug shall as of the date of conviction be suspended from the public educational institution in which such person is enrolled. Except for cases in which the institution has previously taken disciplinary action against a student for the same offense, such suspension shall be effective as of the date of conviction, even though the educational institution may not complete all administrative actions necessary to implement such suspension until a later date. Except for cases in which the institution has already imposed disciplinary sanctions for the same offense, such suspension shall continue through the end of the term, quarter, semester, or other similar period for which the student was enrolled as of the date of conviction. The student shall forfeit any right to any academic credit otherwise earned or earnable for such term, quarter, semester, or other similar period; and the educational institution shall subsequently revoke any such academic credit which is granted prior to the completion of administrative actions necessary to implement such suspension.

History. Code 1981, § 20-1-23 , enacted by Ga. L. 1990, p. 2037, § 1.

20-1-24. Disciplinary action for student of nonpublic educational institution.

1. Any student of a nonpublic educational institution who is convicted, under the laws of this state, the United States, or any other state, of any felony offense involving the manufacture, distribution, sale, possession, or use of marijuana, a controlled substance, or a dangerous drug shall as of the date of conviction be denied state funds for any loans, grants, or scholarships administered under the authority of Part 3 of Article 7 of Chapter 3 of this title, the “Georgia Student Finance Authority Act,” or similar loans, grants, or scholarships, including but not limited to Georgia Higher Education Loan Program loans, student incentive grants, or tuition equalization grants. The authority is authorized to define such terms and prescribe such rules, regulations, and procedures as may be reasonable and necessary to carry out the purposes of this article.
2. Such denial of state funds shall be effective as of the first day of the term, quarter, semester, or other similar period for which the student was enrolled immediately following the date of conviction or the date on which the court accepts a plea of nolo contendere or formally allows a student to receive first offender treatment and shall continue through the end of such term, quarter, semester, or other similar period for which the student was enrolled. Any nonpublic educational institution operating within this state that receives state funds shall agree to comply with this article in order to be eligible for its students to receive state funds through scholarships, grants, or loan programs.

History. Code 1981, § 20-1-24 , enacted by Ga. L. 1990, p. 2037, § 1; Ga. L. 1991, p. 94, § 20.

20-1-25. Additional sanctions permissible.

The suspension sanctions and sanctions involving denial of state funds as prescribed in this article are intended as minimum sanctions, and nothing in this article shall be construed to prohibit any educational institution from establishing and implementing additional or more stringent sanctions for felony offenses and other conduct involving the unlawful manufacture, distribution, sale, possession, or use of marijuana, a controlled substance, or a dangerous drug.

History. Code 1981, § 20-1-25 , enacted by Ga. L. 1990, p. 2037, § 1.

20-1-26. Promulgation of administrative procedures for implementation of article.

Administrative procedures for the implementation of this article shall be promulgated for the educational institutions under their respective management and control by the Board of Regents of the University System of Georgia and the State Board of the Technical College System of Georgia or the individual nonpublic educational institutions. Such procedures shall provide for relief from sanctions previously imposed under this article against a person whose conviction is subsequently overturned on appeal or through collateral relief.

History. Code 1981, § 20-1-26 , enacted by Ga. L. 1990, p. 2037, § 1; Ga. L. 2011, p. 632, § 3/HB 49.

20-1-27. Applicability of article.

This article shall apply only with respect to felony offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall prevent any educational institution from implementing sanctions additional to or other than those provided for in this article with respect to offenses committed prior to July 1, 1990.

History. Code 1981, § 20-1-27 , enacted by Ga. L. 1990, p. 2037, § 1.

20-1-30. Establishment of school policies on hazing; public disclosure of incidents; confidentiality of student information.

1. As used in this Code section, the term:
   1. “Hazing” shall have the same meaning as provided for under Code Section 16-5-61.
   2. “School” shall have the same meaning as provided for under Code Section 16-5-61.
   3. “School organization” shall have the same meaning as provided for under Code Section 16-5-61.
   4. “Student” shall have the same meaning as provided for under Code Section 16-5-61.
2. Not later than July 1, 2021, each school shall establish policies to facilitate the:
   1. Reporting, investigation, provision of due process, and administrative adjudication of alleged incidents of hazing as related to students and student organizations; and
   2. Public disclosure of administrative adjudications of hazing or hazing related convictions within 15 calendar days of final adjudication or public notice of criminal conviction.
3. The public disclosure of each incident of hazing adjudicated pursuant to subsection (b) of this Code section, criminal convictions for hazing pursuant to Code Section 16-5-61, and other criminal convictions arising from any incident of hazing shall require the following minimum information be posted prominently on the school’s website for a period of not less than five years after final adjudication or conviction:
   1. The name of any school organization involved;
   2. The date or dates on which the hazing occurred; and
   3. A description of the specific hazing related findings, sanctions, adjudications, and convictions for any person or school organization.
4. Public disclosure provided pursuant to subsection (c) of this Code section shall not include the personal identifying information of any individual student and shall be subject to the requirements of the federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g.

History. Code 1981, § 20-1-30 , enacted by Ga. L. 2021, p. 206, § 3/SB 85; Ga. L. 2022, p. 352, § 20/HB 1428.

The 2022 amendment, effective May 2, 2022, part of an Act to revise, modernize, and correct the Code, substituted “the federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Section 1232g” for “the Family Education Rights and Privacy Act (FERPA), 20 USC 1232g” in subsection (d).

Law reviews.

For article, “SB 85: Mandatory Reporting of Hazing-Related Violations,” see 38 Ga. St. U.L. Rev. 1 (2021).

20-1A-1. Creation.

The Department of Early Care and Learning is created as a department of the executive branch of state government and shall have the duties, responsibilities, functions, powers, and authority set forth in this chapter and otherwise provided by law. The Department of Early Care and Learning is the successor to the Office of School Readiness and shall have the duties, responsibilities, functions, powers, authority, employees, office equipment, furniture, and other assets formerly held by the Office of School Readiness. The Department of Early Care and Learning shall be a separate budget unit.

History. Code 1981, § 20-1A-1 , enacted by Ga. L. 1996, p. 167, § 2; Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401.

Editor’s notes.

Ga. L. 2015, p. 965, § 1/HB 401, effective January 1, 2016, reenacted this Code section without change.

Law reviews.

For review of 1996 education legislation, see 13 Ga. St. U.L. Rev. 160 (1996).

20-1A-2. Definitions.

As used in this chapter, the term:

1. “Board” means the Board of Early Care and Learning.
2. “Change of ownership applicant” means any licensed or commissioned early care and education program applying for a new license or commission to operate an early care and education program.
3. “Child care learning center” means any place operated by a person, society, agency, corporation, institution, or group wherein are received for pay for group care for less than 24 hours per day, without transfer of legal custody, seven or more children under 18 years of age; provided, however, that this term shall not include a private school which provides kindergarten through grade 12 education, meets the requirements of Code Section 20-2-690, and is accredited by one or more of the entities listed in subparagraph (A) of paragraph (6) of Code Section 20-3-519 and which provides care before, after, or both before and after the customary school day to its students as an auxiliary service to such students during the regular school year only.
4. “Commissioner” means the commissioner of early care and learning.
5. “Department” means the Department of Early Care and Learning.
6. “Early care and education programs” include all support centers, family child care learning homes, and child care learning centers, regardless of whether such homes or centers offer education.
7. “Early childhood” means the period of childhood from birth to age six.
8. “Family child care learning home” means a private residence operated by any person who receives therein for pay for supervision and care less than 24 hours per day, without transfer of legal custody, at least three but not more than six children under 13 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence; provided, however, that the total number of unrelated children cared for in such home, for pay and not for pay, may not exceed six children under 13 years of age at one time.
9. “License” means the document issued by the department authorizing the operation of a family child care learning home or child care learning center.
10. “Permit” means the temporary document issued by the department authorizing a family child care learning home or child care learning center to operate without a license for a limited term to be determined by the department.
11. “Registration” means the document issued by the department to any business entity operating as a support center.
12. “Support center” means any business entity registered with the department that makes available potential employees for family child care learning homes or child care learning centers and that receives no children for care. Such term shall include but not be limited to a temporary staffing agency, a university, or an independent contractor.

History. Code 1981, § 20-1A-2 , enacted by Ga. L. 1996, p. 167, § 2; Ga. L. 2004, p. 645, § 1; Ga. L. 2008, p. 798, § 1/HB 1169; Ga. L. 2013, p. 135, § 1/HB 354; Ga. L. 2015, p. 965, § 1/HB 401; Ga. L. 2016, p. 846, § 20/HB 737.

The 2015 amendment, effective January 1, 2016, added paragraph (2); redesignated former paragraphs (2) through (6) as present paragraphs (3) through (7), respectively; substituted “seven” for “19” in paragraph (3); substituted “support centers, family child care learning” for “group day-care” in the middle of paragraph (6); deleted former paragraph (7), which read: “ ‘Family day-care home’ means a private residence operated by any person who receives therein for pay for supervision and care fewer than 24 hours per day, without transfer of legal custody, at least three but not more than six children under 13 years of age who are not related to such person and whose parents or guardians are not residents in the same private residence; provided, however, that the total number of unrelated children cared for in such home, for pay and not for pay, may not exceed six children under 13 years of age at one time.”; substituted the present provisions of paragraph (8) for the former provisions, which read: “ ‘Group day-care home’ means any place operated by any person or group wherein are received for pay not less than seven nor more than 18 children under 18 years of age for care and supervision for less than 24 hours per day.”; and added paragraphs (9) through (12).

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, in paragraph (6), deleted “family day care homes,” and substituted “child care learning centers” for “care learning centers” near the middle; and, in paragraph (8), substituted “less than 24 hours” for “fewer than 24 hours”.

Editor’s notes.

For application of this statute in 2020, see Executive Orders 08.31.20.02, 09.15.20.01, and 09.30.20.02.

A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.

20-1A-3. Commissioner; board; duties and powers; salary; personnel; rules and regulations.

1. There is created a Board of Early Care and Learning and a commissioner of early care and learning.
2. The board shall consist of one member from each congressional district appointed by the Governor. In as far as it is practical, the members of the board shall be representative of all areas and functions encompassed within the early childhood care and education community. In appointing members to their initial terms, the Governor shall designate five members for two-year terms, four members for three-year terms, and four members for five-year terms. Subsequent appointments shall be for five-year terms. Members shall serve until their successors are appointed. In the event of a vacancy on the board for any reason other than expiration of a term, the Governor shall appoint a person from the same congressional district to fill the vacancy for the unexpired term.
3. The board shall elect from its members a chairperson and such other officers as the board considers necessary. The board shall adopt bylaws for the conduct of its activities. The members of the board shall receive per diem and expense reimbursement as shall be determined and approved by the Office of Planning and Budget in conformity with rates and allowances determined for members of other state boards.
4. The board shall determine policies and promulgate rules and regulations for the operation of the department, including:
   1. Functions formerly performed by the Office of School Readiness, including, but not limited to, Even Start;
   2. Functions transferred to the department from the Department of Human Resources (now known as the Department of Human Services) relating to day-care centers (now known as child care learning centers), group day-care homes (now known as child care learning centers), family day-care homes (now known as family child care learning homes), and other functions as agreed upon by the department and the Department of Human Resources (now known as the Department of Human Services) in accordance with Code Section 20-1A-8; and
   3. Functions relating to early childhood education programs transferred from the Department of Education by agreement in accordance with Code Section 20-1A-17.
5. The board shall oversee the budget of the department and shall submit an annual request for funding to the Office of Planning and Budget in accordance with Code Section 45-12-78.
6. The commissioner shall be the chief administrative and executive officer of the department. The commissioner shall be appointed by and serve at the pleasure of the Governor. The commissioner shall be in the unclassified service as defined by Code Section 45-20-2 and shall receive a salary to be determined by the Governor.
7. The commissioner shall have the authority to employ all personnel of the department, subject to the provisions of this chapter, all applicable provisions of other laws governing public employment, and the policies, procedures, rules, and regulations of the board.

History. Code 1981, § 20-1A-3 , enacted by Ga. L. 1996, p. 167, § 2; Ga. L. 2004, p. 645, § 1; Ga. L. 2009, p. 453, § 2-9/HB 228; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-21/HB 642; Ga. L. 2013, p. 135, § 2/HB 354; Ga. L. 2015, p. 965, § 1/HB 401; Ga. L. 2019, p. 919, § 5-3/HB 553; Ga. L. 2020, p. 493, § 20/SB 429.

The 2015 amendment, effective January 1, 2016, in paragraph (d)(2), substituted “group day-care homes (now known as child care learning centers), family day-care homes (now known as family child care learning homes)” for “group day-care homes, family day-care homes”.

The 2019 amendment, effective July 1, 2019, added “and” at the end of paragraph (d)(2); deleted former paragraph (d)(3), which read: “Functions transferred to the department from the Georgia Child Care Council pursuant to Code Section 20-1A-63; and”; and redesignated former paragraph (d)(4) as present paragraph (d)(3).

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, revised punctuation in subsection (d).

Editor’s notes.

Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: “Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act.” This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: “Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90.”

20-1A-4. Powers and duties.

The Department of Early Care and Learning shall have the following powers and duties:

1. To administer such programs and services as may be necessary for the operation and management of voluntary pre-kindergarten, which shall be known as “Georgia’s Pre-K Program”;
2. To administer such programs and services as may be necessary for the operation and management of preschool and child development programs, such as Even Start and child care regulation and food programs;
3. To act as the agent of the federal government in conformity with this chapter and the administration of any federal funds granted to the state to aid in the furtherance of any functions of the department;
4. To assist local units of administration in this state so as to assure the proliferation of services under this chapter;
5. To regulate early care and education programs in accordance with this chapter;
6. To improve the quality, availability, and affordability of child care in this state;
7. To serve as the Head Start state collaboration office;
8. To establish and collect annual fees for licensure, registration, or commission of early care and education programs. Such fees so established shall be reasonable and shall be determined in such a manner that the total amount of fees established shall help defray the direct and indirect costs to the department in performing such function. The department shall remit all fees collected to the general fund of the state;
9. To recommend in writing to the owner of any early care and education program licensed by the department that such program carry liability insurance coverage sufficient to protect its clients. Any such program which after receiving such recommendation is not covered by liability insurance shall post that fact in a conspicuous place in the program and shall notify the parent or guardian of each child under the care of the program in writing. Such notice shall be in at least 1/2 inch letters. Each such parent or guardian must acknowledge receipt of such notice in writing, and a copy of such acknowledgment shall be maintained on file at the program at all times while the child attends the program and for 12 months after the child’s last date of attendance. Failure to do so may subject the owner of the program to a civil fine of $1,000.00 for each such infraction;
10. To administer any programs assigned to it administratively by the Governor pursuant to his or her powers or any programs for which the Governor designates the department as the lead agency in the state for a federal program;
11. To perform any other functions as agreed upon between the department and the Department of Human Resources (now known as the Department of Human Services), pursuant to Code Section 20-1A-8;
12. To perform any other functions as agreed upon between the department and the Department of Education, in accordance with Code Section 20-1A-17;
13. To exercise the powers reasonably necessary to accomplish the purposes of this chapter, including, but not limited to, contracting for services; and
14. To solicit and accept donations, contributions, grants, bequests, gifts of money and property, facilities, or services, with or without consideration, from any person, firm, or corporation or from any state, county, municipal corporation, local government, or governing body, or from the federal government to enable it to carry out its functions and purpose.

History. Code 1981, § 20-1A-4 , enacted by Ga. L. 1996, p. 167, § 2; Ga. L. 2002, p. 1083, § 1; Ga. L. 2004, p. 645, § 1; Ga. L. 2009, p. 453, § 2-10/HB 228; Ga. L. 2010, p. 9, § 1-45/HB 1055; Ga. L. 2013, p. 135, § 3/HB 354; Ga. L. 2015, p. 965, § 1/HB 401; Ga. L. 2019, p. 919, § 5-4/HB 553; Ga. L. 2021, p. 922, § 20/HB 497.

The 2015 amendment, effective January 1, 2016, substituted “education program” for “learning program” in the first sentence of paragraph (9); deleted “and” at the end of paragraph (12); substituted “; and” for the period at the end of paragraph (13); and added paragraph (14).

The 2019 amendment, effective July 1, 2019, substituted the present provisions of paragraph (6) for the former provisions, which read: “To perform the functions set out in Code Section 20-1A-64, relating to improvement of the quality, availability, and affordability of child care in this state;”.

The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, revised punctuation near the middle of the fourth sentence of paragraph (9).

Editor’s notes.

For application of this statute in 2020, see Executive Orders 08.31.20.02, 09.15.20.01, and 09.30.20.02.

A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.

20-1A-4.1. Department authorized to establish nonprofit corporation to qualify as a public foundation to aid in carrying out department’s powers and purposes; requirements; annual report.

1. The department shall have the power and authority to incorporate a nonprofit corporation that could qualify as a public foundation under Section 501(c)(3) of the Internal Revenue Code to aid the department in carrying out any of its powers and in accomplishing any of its purposes.  Any nonprofit corporation created pursuant to this power shall be created pursuant to Chapter 3 of Title 14, the “Georgia Nonprofit Corporation Code,” and the Secretary of State shall be authorized to accept such filing.
2. Any nonprofit corporation created pursuant to this Code section shall be subject to the following provisions:
   1. In accordance with the Constitution of Georgia, no governmental functions or regulatory powers shall be conducted by any such nonprofit corporation;
   2. Upon dissolution of any such nonprofit corporation incorporated by the department, any assets shall revert to the department or to any successor to the department or, failing such succession, to the State of Georgia;
   3. As used in this paragraph, the term “direct employee costs” means salary, benefits, and travel expenses.  To avoid the appearance of undue influence on regulatory functions by donors, no donations to any such nonprofit corporation from private sources shall be used for direct employee costs of the department;
   4. Any such nonprofit corporation shall be subject to all laws relating to open meetings and the inspection of public records;
   5. The department shall not be liable for the action or omission to act of any such nonprofit corporation;
   6. No debts, bonds, notes, or other obligations incurred by any such nonprofit corporation shall constitute an indebtedness or obligation of the State of Georgia nor shall any act of any such nonprofit corporation constitute or result in the creation of an indebtedness of the state.  No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state nor to enforce the payment thereof against the state; and
   7. Any nonprofit corporation created pursuant to this Code section shall not acquire or hold a fee simple interest in real property by any method, including but not limited to gift, purchase, condemnation, devise, court order, and exchange.
3. Pursuant to this Code section, the department may establish a nonprofit corporation to be designated as the Georgia Foundation for Early Care and Learning to Promote Public-Private Partnerships between businesses, nonprofit organizations, institutions of higher education, local school systems, public schools, and early care and education programs for the purpose of supporting educational excellence for children and families.  Funds received by the foundation may be awarded through a competitive grant process administered by the department. The General Assembly may appropriate funds for purposes of this foundation.
4. Any nonprofit corporation created pursuant to this Code section shall make public and provide an annual report showing the identity of all donors and the amount each person or entity donated as well as all expenditures or other disposal of money or property donated.

History. Code 1981, § 20-1A-4.1 , enacted by Ga. L. 2017, p. 6, § 1/HB 463.

20-1A-5. Impact of transfer of operations on individuals.

This chapter shall not be construed to impair or affect the rights of persons previously transferred to the Office of School Readiness who were members of the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 and who elected to continue membership in such retirement system in accordance with previous law.

History. Code 1981, § 20-1A-5 , enacted by Ga. L. 1996, p. 167, § 2; Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401.

Editor’s notes.

Ga. L. 2015, p. 965, § 1/HB 401, reenacted this Code section without change.

20-1A-6. Department to succeed to applicable rules and regulations.

The department shall succeed to all rules, regulations, policies, procedures, and pending and finalized administrative orders of the Office of School Readiness which are in effect on September 30, 2004. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the board or commissioner, as applicable.

History. Code 1981, § 20-1A-6 , enacted by Ga. L. 1996, p. 167, § 2; Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401.

Editor’s notes.

Ga. L. 2015, p. 965, § 1/HB 401, reenacted this Code section without change.

20-1A-7. Pre-kindergarten name change required in publications, posters, banners, and signs.

Each newly printed publication, poster, banner, or sign created for the pre-kindergarten program by the department or a provider of pre-kindergarten services shall refer to the program as “Georgia’s Pre-K Program.”

History. Code 1981, § 20-1A-7 , enacted by Ga. L. 2002, p. 1083, § 2; Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401.

Editor’s notes.

Ga. L. 2015, p. 965, § 1/HB 401, reenacted this Code section without change.

20-1A-8. Transfer of functions, powers, personnel, equipment, and assets to department; funding.

1. Effective October 1, 2004, the department shall carry out all of the functions and exercise all of the powers formerly held by the Department of Human Resources (now known as the Department of Human Services) for the regulation and licensure of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Department of Human Resources to perform functions relating to the licensure and certification of early care and education programs and any other functions as agreed upon by the department and the Department of Human Resources on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Department of Human Resources which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004.
2. Effective October 1, 2004, the department shall carry out the functions and exercise the powers formerly held by the Georgia Child Care Council under former Article 11 of Chapter 5 of Title 49.
3. All transfers of employees and assets provided for in subsections (a) and (b) of this Code section shall be subject to the approval of the commissioner, and such personnel or assets shall not be transferred if the commissioner determines that a specific employee or asset should remain with the transferring agency.
4. Employees of the department shall serve in the unclassified service as defined by Code Section 45-20-2. Persons who have transferred to the department pursuant to subsections (a) and (b) of this Code section who are in the classified service as defined by Code Section 45-20-2 at the time of the transfer may elect to remain in such classified service and be governed by the provisions thereof; provided, however, that if any such person accepts a promotion or transfers to another position, that person shall become an employee in the unclassified service.
5. All rights, credits, and funds in the Employees’ Retirement System of Georgia created in Chapter 2 of Title 47 which are possessed by state personnel transferred by provisions of this Code section to the department, or otherwise held by persons at the time of employment with the department, are continued and preserved, it being the intention of the General Assembly that such persons shall not lose any rights, credits, or funds to which they may be entitled prior to becoming employees of the department. No employment benefit of any employee transferring to the department shall be impaired.
6. Funding for functions and positions transferred to the department under this Code section shall be transferred as provided in Code Section 45-12-90.

History. Code 1981, § 20-1A-8 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2009, p. 453, § 2-11/HB 228; Ga. L. 2009, p. 745, § 1/SB 97; Ga. L. 2012, p. 446, § 2-22/HB 642; Ga. L. 2015, p. 965, § 1/HB 401; Ga. L. 2019, p. 919, § 5-5/HB 553.

The 2019 amendment, effective July 1, 2019, substituted the present provisions of subsection (b) for the former provisions, which read: “Effective October 1, 2004, notwithstanding the advisory functions of the Georgia Child Care Council included in Code Section 20-1A-63, the department shall carry out the functions and exercise the powers formerly held by the Georgia Child Care Council under former Article 11 of Chapter 5 of Title 49. Subject to subsection (c) of this Code section, all persons employed by and positions authorized for the Georgia Child Care Council to perform functions relating to the recommendation of measures to improve the quality, availability, and affordability of child care in this state on September 30, 2004, shall on October 1, 2004, be transferred to the department. All office equipment, furniture, and other assets in possession of the Georgia Child Care Council or the Department of Human Resources, (now known as the Department of Human Services) which are used or held exclusively or principally by personnel transferred under this subsection shall be transferred to the department on October 1, 2004.”

Editor’s notes.

Ga. L. 2012, p. 446, § 3-1/HB 642, not codified by the General Assembly, provides that: “Personnel, equipment, and facilities that were assigned to the State Personnel Administration as of June 30, 2012, shall be transferred to the Department of Administrative Services on the effective date of this Act.” This Act became effective July 1, 2012.

Ga. L. 2012, p. 446, § 3-2/HB 642, not codified by the General Assembly, provides that: “Appropriations for functions which are transferred by this Act may be transferred as provided in Code Section 45-12-90.”

Ga. L. 2015, p. 965, § 1/HB 401, reenacted this Code section without change.

20-1A-9. Authority to license and regulate child care learning centers and family child care learning homes transferred to department.

The department shall succeed to all rights and responsibilities relating to licensure and regulation of day-care centers (now known as child care learning centers), group day-care homes (now known as child care learning centers), and family day-care homes (now known as family child care learning homes), including such rules, regulations, policies, procedures, and pending and finalized administrative orders of the Department of Human Resources (now known as the Department of Human Services), the Georgia Child Care Council, and the Office of State Administrative Hearings, where applicable, which are in effect on September 30, 2004, and which relate to the functions transferred to the department pursuant to Code Section 20-1A-8. Such rights, responsibilities, licenses issued pursuant to previous law, procedures, and orders shall remain in effect until amended, repealed, superseded, or nullified by the commissioner. Such rules, regulations, and policies shall remain in effect until amended, repealed, superseded, or nullified by the board.

History. Code 1981, § 20-1A-9 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2009, p. 453, § 2-12/HB 228; Ga. L. 2013, p. 135, § 4/HB 354; Ga. L. 2015, p. 965, § 1/HB 401.

The 2015 amendment, effective January 1, 2016, substituted “group day-care homes (now known as child care learning centers), and family day-care homes (now known as family child care learning homes)” for “group day-care homes, and family day-care homes” near the beginning of the first sentence.

20-1A-10. Regulation of early care and education programs.

1. The department is authorized and empowered to establish, maintain, extend, and improve throughout the state, within the limits of funds appropriated for such purposes, the regulation of early care and education programs by providing consultation and making recommendations concerning establishment and implementation of such programs and by licensing and inspecting periodically all such programs to ensure their adherence to this chapter and rules and regulations promulgated by the board. An early care and education program registered as a support center shall be subject only to paragraph (3) of subsection (m) of this Code section, paragraphs (1), (3), and (6) of subsection (b) and paragraphs (1), (4), and (5) of subsection (c) of Code Section 20-1A-12, Article 2 of this chapter, and the rules and regulations promulgated by the board regarding criminal records checks; provided, however, that adverse action taken against the registration of a support center shall constitute a contested case within the meaning of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
2. Child care learning centers operated as part of a local church ministry or a nonprofit religious school or a nonprofit religious charitable organization may notify the department annually and be commissioned in lieu of being licensed upon request for commission. Commissioned child care learning centers shall operate in accordance with the same procedures, standards, rules, and regulations which are established by the board for the operation of licensed child care learning centers. Any child care learning center operated as part of a local church ministry or a nonprofit religious school or a nonprofit religious charitable organization may elect to apply for a commission as provided for in subsection (c) of this Code section.
3. All early care and education programs that care for children shall be licensed or commissioned annually, and all licenses and commissions issued by the department shall be subject to annual renewal by the department in accordance with procedures, standards, rules, and regulations to be established by the board.
4. The department shall publish in print or electronically and make available to early care and education programs and interested persons a list of guidelines for quality child care.
5. After an early care and education program has been licensed, commissioned, permitted, or registered by the department as provided in this chapter, the program shall not be required to have a permit to operate a food service establishment as required in Code Section 26-2-371, provided that rules and regulations for food service have been incorporated in the regulations for licensing, commissioning, registering, or permitting such programs.
6. The department shall not be authorized to prescribe, question, or regulate the specific content of educational curriculum taught by an early care and education program, except to the extent that a program operates Georgia’s Pre-K Program or any other voluntary educational program administered by the department.
7. Persons who operate licensed, commissioned, or permitted early care and education programs shall be required to post in a conspicuous place next to telephones in the home or center the telephone numbers of the nearest or applicable providers of emergency medical, police, and fire services.
8. Persons who operate licensed, commissioned, or permitted early care and education programs shall post signs prohibiting smoking to carry out the purposes of Chapter 12A of Title 31.
9. Child care learning centers shall provide a minimum of 35 square feet of usable space consisting of indoor play areas, rest areas, and dining facilities for each child present in the facility. Child care learning centers will be allowed to designate in writing to the department two one-hour periods daily during which 25 square feet of usable space per child for children aged three years and older may be provided. Notwithstanding the limitation to six children prescribed in Code Section 20-1A-2, a family child care learning home operator may care for two additional children aged three years and older for two designated one-hour periods daily. Notwithstanding the provisions of this subsection, all other applicable rules and regulations shall apply.
10. The department shall assist applicants, license holders, registrants, commission holders, and permit holders in meeting applicable rules and regulations of the department for early care and education programs.
11. 1. Application for a license, commission, registration, or permit for an early care and education program shall be made to the department upon forms furnished by the department. Upon receipt of an application for a license, commission, registration, or permit and upon presentation by the applicant of evidence that the early care and education program meets the rules and regulations prescribed by the department, the department shall issue such early care and education program a license, registration, commission, or permit in accordance with procedures, standards, rules and regulations established by the board.
    2. The following annual fees shall apply to applications for any license or commission:
       1. Capacity of one to 25 children  . . . . .  $ 50.00
       2. Capacity of 26 to 50 children  . . . . .  100.00
       3. Capacity of 51 to 100 children  . . . . .  150.00
       4. Capacity of 101 to 200 children  . . . . .  200.00
       5. Capacity of more than 200 children  . . . . .  250.00
12. 1. If the department finds that an early care and education program that currently cares for children plans to undergo a change in ownership, the department may issue a permit to such program to facilitate such change of ownership without disruption of care. If such program complies with all licensing requirements prior to the expiration of the permit, the department may issue a license to such program in accordance with this Code section.
    2. If the department finds that any early care and education program applicant does not meet rules and regulations prescribed by the department but is attempting to meet such rules and regulations, the department may, in its discretion, issue a temporary license, registration, or commission to such early care and education program, but such temporary license, registration, or commission shall not be issued for more than a one-year period. Upon presentation of satisfactory evidence that such program is making progress toward meeting prescribed rules and regulations of the department, the department may, in its discretion, reissue such temporary license, registration, or commission for one additional period not to exceed one year. As an alternative to a temporary license, registration, or commission, the department, in its discretion, may issue a restricted license, registration, or commission which states the restrictions on its face.
13. The department shall refuse to issue a license, commission, registration, or permit upon a showing of:
    1. Noncompliance with the rules and regulations for family child care learning homes or child care learning centers which are designated in writing to the facilities as being related to children’s health and safety;
    2. Flagrant and continued operation of an unlicensed, uncommissioned, or unpermitted facility in contravention of the law;
    3. Prior license, commission, registration, or permit denial or revocation within one year of application; or
    4. Failure to pay the required annual license or commission fee.
14. All licensed, commissioned, or permitted early care and education programs shall prominently display the license, commission, or permit issued to such program by the department at some point near the entrance of the premises of such program that is open to view by the public.
15. The department’s action revoking or refusing to renew or issue a license, commission, registration, or permit required by this Code section shall be preceded by notice and opportunity for a hearing and shall constitute a contested case within the meaning of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” except that only 30 days’ notice in writing from the commissioner’s designee shall be required prior to such revocation or refusal to renew and except that hearings held relating to such action by the department may be closed to the public if the hearing officer determines that an open hearing would be detrimental to the physical or mental health of any child who will testify at that hearing.
16. It shall be the duty of the department to inspect at regular intervals all licensed, commissioned, or permitted early care and education programs within the state. The department shall have right of entrance, privilege of inspection, and right of access to all children under the care and control of the license, commission, or permit holder.
17. If any abuses, derelictions, or deficiencies are made known to the department or its duly authorized agents during their inspection of any licensed, commissioned, or permitted early care and education program or if, at any time, such are reported to the department, the department shall immediately investigate such matters and take such action as conditions may require.
18. If any abuses, derelictions, or deficiencies are found in the operation and management of any early care and education program, including failure to pay the required annual license or commission fee, they shall be brought immediately to the attention of the management of such program; and if correctable, but not corrected within a reasonable time, the department shall revoke the license, commission, registration, or permit of such program in the manner prescribed in this Code section.
19. The department may require periodic reports from early care and education programs in such forms and at such times as the department may prescribe.
20. Any person who shall operate an early care and education program without a license, commission, registration, or permit shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $50.00 nor more than $200.00 or by imprisonment not exceeding 12 months, or both, for each such offense. Each day of operation without a license, commission, registration, or permit shall constitute a separate offense.
21. The department may, without regard to the availability of other remedies, including administrative remedies, seek an injunction against the continued operation of an early care and education program without a license, commission, registration, or permit or the continued operation of an early care and education program in willful violation of this chapter or of any regulation of the department or of any order of the department.
22. Each family child care learning home and child care learning center shall be required to obtain a separate license, commission, or permit for each facility and shall have a separate director for each facility.

History. Code 1981, § 20-1A-10 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2010, p. 9, § 1-46/HB 1055; Ga. L. 2010, p. 838, § 10/SB 388; Ga. L. 2013, p. 135, § 5/HB 354; Ga. L. 2015, p. 965, § 1/HB 401.

The 2015 amendment, effective January 1, 2016, rewrote this Code section.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2009, “Chapter 12A of Title 31” was substituted for “paragraph (4) of subsection (a) of Code Section 16-12-2” in subsection (h).

20-1A-10.1. Determination of payments and eligibility.

A determination by the department regarding payments and eligibility pursuant to any federal program or grant shall be preceded by notice and opportunity for a hearing and shall constitute a contested case within the meaning of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

History. Code 1981, § 20-1A-10.1 , enacted by Ga. L. 2013, p. 135, § 6/HB 354; Ga. L. 2015, p. 965, § 1/HB 401.

Editor’s notes.

Ga. L. 2015, p. 965, § 1/HB 402, effective January 1, 2016, reenacted this Code section without change.

20-1A-11. Penalties; notice.

1. Any person who violates the provisions of Code Section 20-1A-10 or who hinders, obstructs, or otherwise interferes with any representative of the department in the discharge of that person’s official duties in making inspections or in investigating complaints as provided in such Code section shall be guilty of a misdemeanor.
2. 1. Any person, license holder, commission holder, or permit holder who:
      1. Violates any licensing, commissioning, or permitting provision of this chapter or any rule, regulation, or order issued under this chapter or any term, condition, or limitation of any license, commission, or permit issued under this chapter thereby subjecting a child in care to injury or a life-threatening situation; or
      2. Commits any violation for which a license, commission, or permit may be revoked under rules or regulations issued pursuant to this chapter

         may be subject to a civil penalty, to be imposed by the department, not to exceed $500.00. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty.

   2. Whenever the department proposes to subject a person, license holder, commission holder, or permit holder to the imposition of a civil penalty under this subsection, it shall notify such person, license holder, commission holder, or permit holder in writing:
      1. Setting forth the date, facts, and nature of each act or omission with which the person, license holder, commission holder, or permit holder is charged;
      2. Specifically identifying the particular provision or provisions of the Code section, rule, regulation, order, or license, commission, or permit requirement involved in the violation; and
      3. Advising of each penalty which the department proposes to impose and its amount.

         Such written notice shall be sent by registered or certified mail or statutory overnight delivery by the department to the last known address of such person, license holder, commission holder, or permit holder. The person, license holder, commission holder, or permit holder so notified shall be granted an opportunity to show in writing, within such reasonable period as the department shall by rule or regulation prescribe, why such penalty should not be imposed. The notice shall also advise such person, license holder, commission holder, or permit holder that, upon failure to pay the civil penalty subsequently determined by the department, if any, the penalty may be collected by civil action. Any person, license holder, commission holder, or permit holder upon whom a civil penalty is imposed may appeal such action pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”

   3. A civil penalty finally determined under this Code section may be collected by civil action in the event that such penalty is not paid as required. On the request of the department, the Attorney General is authorized to institute a civil action to collect a penalty imposed pursuant to this subsection. The Attorney General shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to the Attorney General for collection.
   4. All moneys collected from civil penalties shall be paid to the state for deposit in the general fund.

History. Code 1981, § 20-1A-11 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2012, p. 775, § 20/HB 942; Ga. L. 2015, p. 965, § 1/HB 401.

The 2015 amendment, effective January 1, 2016, deleted “as provided in such Code section” following “inspections” in the middle of subsection (a); in paragraph (b)(1), inserted “, license holder, commission holder, or permit holder” in the introductory language, in subparagraph (b)(1)(A), substituted “permitting” for “registration” and substituted “permit issued” for “registration certificate”, and, in subparagraph (b)(1)(B), substituted “permit” for “registration certificate”; in paragraph (b)(2), twice inserted “, license holder, commission holder, or permit holder” in the introductory language, in subparagraph (b)(2)(A), inserted “, license holder, commission holder, or permit holder”, and, in subparagraph (b)(2)(B), inserted “or” near the middle and substituted “permit requirement” for “registration certificate”; and inserted “, license holder, commission holder, or permit holder” throughout the ending undesignated paragraph of subsection (b).

20-1A-12. Application; “license” defined; actions authorized by department in event of violations; investigations; governmental immunity.

1. This Code section shall be applicable to any early care and education program which is subject to regulation by the department in accordance with this chapter. For purposes of this Code section, the term “license” shall be used to refer to any license, commission, or permit issued by the department pursuant to the provisions of this chapter and the term “licensing requirements” shall be used to refer to any conditions related to the issuance and retention of any license, commission, or permit pursuant to the provisions of this chapter.
2. The department shall have the authority to take any of the actions enumerated in subsection (c) of this Code section upon a finding that the applicant or holder of a license or registration has:
   1. Knowingly made any false statement of material information in connection with the application for a license or registration, or in statements made or on documents submitted to the department as part of an inspection, survey, or investigation, or in the alteration or falsification of records maintained by the early care and education program;
   2. Failed or refused to provide the department with access to the premises subject to regulation or information pertinent to the initial or continued licensing of the program;
   3. Failed to comply with the licensing requirements or registration requirements of this state;
   4. Failed to pay the annual fee required by subsection (k) of Code Section 20-1A-10; or
   5. Failed to comply with any provisions of this chapter.
3. When the department finds that any applicant or holder of a license or registration has violated any provision of subsection (b) of this Code section or laws, rules, regulations, or formal orders related to the initial or continued licensing of the program, the department, subject to notice and opportunity for hearing, may take any of the following actions:
   1. Refuse to grant a license or registration; provided, however, that the department may refuse to grant a license or registration without holding a hearing prior to taking such action. The early care and education program shall have the right to appeal the denial in accordance with subsection (o) of Code Section 20-1A-10; provided, however, that the program shall remain closed until the appeal decision is issued;
   2. Administer a public reprimand;
   3. Suspend any license or registration for a definite period or for an indefinite period in connection with any condition which may be attached to the restoration of said license or registration;
   4. Prohibit any applicant or holder of a license or registration from allowing a person who previously was involved in the management or control, as defined by rule, of any program which has had its license or registration revoked or denied within the past 12 months to be involved in the management or control of such program;
   5. Revoke any license or registration;
   6. Impose a fine, not to exceed a total of $25,000.00, of up to $500.00 per day for each violation of a law, rule, regulation, or formal order related to the initial or ongoing licensing requirement of any program;
   7. Impose a late fee of up to $250.00 for failure of an early care and education program to pay the annual fee required by subsection (k) of Code Section 20-1A-10 within 30 days of the due date as established by the department; or
   8. Limit or restrict any license as the department deems necessary for the protection of the public or enforcement of any law, rule, regulation, or formal order related to the licensing requirements of any program, including, but not limited to, restricting some or all services of or admissions into a program for a time certain.

      In taking any of the actions enumerated in this subsection, the department shall consider the seriousness of the violation, including the circumstances, extent, and gravity of the prohibited acts, and the hazard or potential hazard created to the health or safety of the public.

4. The department shall deny a license or registration or otherwise restrict a license or registration for any applicant who has had a license or registration denied, revoked, or suspended within one year of the date of an application or who has transferred ownership or governing authority of a program subject to regulation by the department within one year of the date of a new application when such transfer was made in order to avert denial, revocation, or suspension of such license or registration.
5. With regard to any contested case instituted by the department pursuant to this Code section or other provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action, the department may, in its discretion, dispose of the action so instituted by settlement. In such cases, all parties, successors, and assigns to any settlement agreement shall be bound by the terms specified in such agreement and violation of such agreement thereof by any applicant or holder of a license shall constitute grounds for any action enumerated in subsection (c) of this Code section.
6. The department shall have the authority to make public or private investigations or examinations inside or outside of this state to determine whether the provisions of this Code section or any other law, rule, regulation, or formal order relating to any licensing requirement of a program has been violated. Such investigations may be initiated at any time, in the discretion of the department, and may continue during the pendency of any action initiated by the department pursuant to subsection (c) of this Code section.
7. For the purpose of conducting any investigation, inspection, or survey, the department shall have the authority to require the production of any books, records, papers, or other information related to any licensing requirement of any program.
8. Pursuant to the investigation, inspection, and enforcement powers given to the department by this Code section and other applicable laws, the department may assess against a program reasonable and necessary expenses incurred by the department pursuant to any administrative or legal action required by the failure of the program to fully comply with the provisions of any law, rule, regulation, or formal order related to the initial or continued licensing. Assessments shall not include attorney’s fees and expenses of litigation, shall not exceed other actual expenses, and shall only be assessed if such investigations, inspections, or enforcement actions result in adverse findings, as finally determined by the department, pursuant to administrative or legal action.
9. For any action taken or any proceeding held under this Code section or under color of law, except for gross negligence or willful or wanton misconduct, the department, when acting in its official capacity, shall be immune from liability and suit to the same extent that any judge of any court of general jurisdiction in this state would be immune.
10. In an administrative or legal proceeding under this Code section, a person or entity claiming an exemption or an exception granted by law, rule, regulation, or formal order has the burden of proving this exemption or exception.
11. This Code section and all actions resulting from its provisions shall be administered in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
12. The provisions of this Code section shall be supplemental to and shall not operate to prohibit the department from acting pursuant to those provisions of law which may now or hereafter authorize remedial or disciplinary grounds and action for the department. In cases where those other provisions of law so authorize other disciplinary grounds and actions, but this Code section limits such grounds or actions, those other provisions shall apply.
13. The board is authorized to promulgate rules and regulations to implement the provisions of this Code section.

History. Code 1981, § 20-1A-12 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2010, p. 9, § 1-46.1/HB 1055; Ga. L. 2011, p. 752, § 20/HB 142; Ga. L. 2015, p. 965, § 1/HB 401.

The 2015 amendment, effective January 1, 2016, inserted “or registration” throughout this Code section; in subsection (a), substituted “commission, or permit issued by the department pursuant to the provisions of this chapter and the term ‘licensing requirements’ shall be used to refer to any conditions related to the issuance and retention of any license, commission, or permit pursuant to the provisions of this chapter” for “registration, or commission issued by the department pursuant to the provisions of this chapter”; in paragraph (b)(3), inserted “or registration requirements”; in paragraph (b)(4), substituted “required by subsection (k) of Code Section 20-1A-10” for “for licensure, registration, or commission of early care and education programs”; in paragraph (b)(5), substituted “chapter” for “Code section”; added the last sentence to paragraph (c)(1); in paragraph (c)(7), substituted “required by subsection (k) of Code Section 20-1A-10” for “for licensure, registration, or commission”; inserted “or enforcement of any law, rule, regulation, or formal order related to the licensing requirements of any program” in paragraph (c)(8); in subsection (d), substituted “shall” for “may” near the beginning and substituted “such” for “a” near the end; in subsection (f), substituted “any licensing requirement” for “the licensing”; and, in subsection (g), substituted “any licensing requirement” for “the initial or continued licensing”.

20-1A-13. Emergency placement of monitors; emergency closure upon minor’s death; requirements and procedures.

1. As used in this Code section, the term:
   1. “Emergency order” or “order” means a written directive by the commissioner or the commissioner’s designee placing a monitor in a program or providing notice of intended emergency closure of a program.
   2. “Monitor” means a person designated by the department to remain on site in a program as an agent of the department, observing conditions.
   3. “Preliminary hearing” means a hearing held by the Office of State Administrative Hearings as soon as possible after the order is entered at the request of a program which has been affected by an emergency order placing a monitor in the program or upon notice of intended emergency closure of a program in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
   4. “Program” means a child care learning center or a family child care learning home.
2. 1. The commissioner or his or her designee may order the emergency placement of a monitor or monitors in a program upon a finding that rules and regulations of the department are being violated which threaten the health, safety, or welfare of children in the care of the program and when one or more of the following conditions are present:
      1. The program is operating without a license, commission, or permit;
      2. The department has denied application for license, commission, or permit or has initiated action to revoke the existing license, commission, or permit of the program; or
      3. Children are suspected of being subjected to injury or life-threatening situations or the health or safety of a child or children is in danger.
   2. A monitor may be placed in a program for no more than ten consecutive calendar days, during which time the monitor shall observe conditions and regulatory compliance with any recommended remedial action of the department. Upon expiration of the ten-day period, should the conditions warrant, the initial ten-day period may be extended for an additional ten-day period. The monitor shall report to the department. The monitor shall not assume any administrative or child-caring responsibility within the program, nor shall the monitor be liable for any actions of the program. The salary and related costs and travel and subsistence allowance as defined by department policy of placing a monitor in a program shall be reimbursed to the department by the program, unless the order placing the monitor is determined to be invalid in a contested case or by final adjudication by a court of competent jurisdiction, in which event the cost shall be paid by the department.
3. 1. The commissioner or his or her designee may issue an order providing notice of intended emergency closure of a program:
      1. Upon the death of a minor at such program, unless such death was medically anticipated or no serious rule violations related to the death by the program were determined by the department; or
      2. Where a child’s safety or welfare is in imminent danger.
   2. If a preliminary hearing is not requested pursuant to subsection (f) of this Code section, the commissioner shall immediately close such program for a period of not more than 21 days. If a preliminary hearing is requested pursuant to subsection (f) of this Code section, the commissioner may place a monitor in the program until the Office of State Administrative Hearings issues a decision, which shall be considered the final decision of the agency, on the emergency closure. If the Office of State Administrative Hearings finds that the emergency closure is warranted, the commissioner shall immediately close such program for a period of not more than 21 days. If the Office of State Administrative Hearings finds that the emergency closure is not warranted, the commissioner shall not order the emergency closure of the program, but may continue investigating the incident and may place a monitor in the program in accordance with this Code section.
   3. Upon a closure, the program shall be required to immediately notify the parent or guardian of each child enrolled in the program. Upon a closure, the commissioner or his or her designee shall immediately conduct a review into the circumstances of the minor’s death or the circumstances where a child’s safety or welfare is in imminent danger. If the commissioner determines that the program where such minor’s death occurred or where imminent danger exists fails to meet the specifications and requirements of this chapter, the commissioner shall immediately revoke such program’s license, commission, or permit. The program shall have the right to appeal the revocation in accordance with subsection (o) of Code Section 20-1A-10; provided, however, that the program shall remain closed until the appeal decision is issued. If the commissioner determines that the administration or conditions of the program were not the cause of the minor’s death or that a child’s safety and welfare is not in imminent danger or if the department has not issued a revocation notice within the initial closure period, the commissioner shall immediately reopen the program for its continued operation.
4. An emergency order shall contain the following:
   1. The scope of the order;
   2. The reasons for the issuance of the order;
   3. The effective date of the order if other than the date the order is issued;
   4. The person to whom questions regarding the order are to be addressed; and
   5. Notice of the right to a preliminary hearing.
5. Unless otherwise provided in the order, an emergency order shall become effective upon its service. Service of an emergency order may be made upon the owner of the facility, the director of the facility, or any other agent, employee, or person in charge of the facility at the time of the service of the order.
6. A request for a preliminary hearing shall be made in writing within 48 hours from the time of service, excepting weekends. The request shall be made to the representative of the department designated in the order and may be made in person, by facsimile, by e-mail, or by any other means designated in the order.
7. Upon receipt of a request for a preliminary hearing, the department shall immediately forward the request to the Office of State Administrative Hearings, which shall set and give notice of the date, time, and location of the preliminary hearing. The preliminary hearing shall be held as soon as possible after a request therefor but in no event later than 48 hours after such request, provided that a program may request that such hearing be held earlier and that in no event shall a hearing be held on a weekend or holiday.
8. If a hearing is requested, the preliminary hearing shall consist of a review of all oral and written evidence introduced at the hearing and any arguments made. Hearsay shall be admissible in a preliminary hearing in determining the issues relevant to emergency closure of a program or the emergency placement of a monitor or monitors. A recording shall be made of the hearing.
9. The Office of State Administrative Hearings shall, where practicable, issue an immediate oral order and shall, in all instances, issue a written order within two business days after the close of the hearing.
10. Pending final appeal of the validity of any emergency order issued as provided in this Code section, such emergency order shall remain in full effect until vacated or rescinded by the commissioner or the commissioner’s designee.
11. The department is not precluded from other actions permitted by other laws or regulations during the time an emergency order is in force.

History. Code 1981, § 20-1A-13 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2005, p. 60, § 20/HB 95; Ga. L. 2011, p. 579, § 1/SB 185; Ga. L. 2015, p. 965, § 1/HB 401; Ga. L. 2018, p. 1101, § 1/HB 494.

The 2015 amendment, effective January 1, 2016, substituted “a program” for “an early care and education program” throughout; added paragraph (a)(4); in subsection (b), substituted “permit” for “registration” in subparagraph (b)(1)(A), and, in subparagraph (b)(1)(B), twice substituted “commission, or permit” for “registration, or commission”; and substituted “, commission, or permit” for “in accordance with subsection (o) of Code Section 20-1A-10” in paragraph (c)(3).

The 2018 amendment, effective July 1, 2018, added the second sentence in subsection (h).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2012, “Office of State Administrative Hearings” was substituted for “Office of Administrative Hearings” three times in paragraph (c)(2).

20-1A-14. Variances and waivers to regulatory requirements.

1. The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for early care and education programs regulated by the department as follows:
   1. The department may authorize departure from the literal requirements of a rule or regulation by granting a variance upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application would cause undue hardship. The applicant or petitioner additionally must show that adequate standards affording protection of health, safety, and care exist and will be met in lieu of the exact requirements of the rule or regulation in question;
   2. The department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection of health, safety, and care;
   3. The department may grant waivers and variances to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery;
   4. Waivers or variances which affect an entire class of programs may only be approved by the board and shall be for a time certain, as determined by the board. A notice of the proposed variance or waiver affecting an entire class of programs shall be made in accordance with the requirements for notice of rule making in Chapter 13 of Title 50, the “Georgia Administrative Procedure Act”; or
   5. Variances or waivers which affect only one program in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintain a record of such action and shall make this information available to the board and all other persons who request it.
2. The department may exempt classes of programs from regulation when, in the department’s judgment, regulation would not permit the purpose intended or the class of programs is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the board.

History. Code 1981, § 20-1A-14 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401.

Editor’s notes.

Ga. L. 2015, p. 965, § 1/HB 401, effective January 1, 2016, reenacted this Code section without change.

20-1A-15. Issuance of inspection warrants; evidence generated inadmissible in criminal proceedings.

1. As used in this chapter, the term “inspection warrant” means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of laws authorizing licensure, inspection, or regulation by the department.
2. The commissioner or the commissioner’s delegate, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this Code section. Such warrant shall authorize the commissioner or the commissioner’s agents to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this chapter or any provision of law which authorizes licensure, inspection, or regulation by the department.
3. Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected.
4. The issuing judge shall issue the warrant when such judge is satisfied that the following conditions are met:
   1. The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and
   2. The issuing judge determines that the issuance of the warrant is authorized by this Code section.
5. The inspection warrant shall be validly issued only if it meets the following requirements:
   1. The warrant is attached to the affidavit required to be made in order to obtain the warrant;
   2. The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection;
   3. The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and
   4. The warrant refers, in general terms, to the statutory or regulatory provisions sought to be enforced.
6. No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this chapter shall be competent as evidence in any criminal proceeding against any party.

History. Code 1981, § 20-1A-15 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401.

Editor’s notes.

Ga. L. 2015, p. 965, § 1/HB 401, effective January 1, 2016, reenacted this Code section without change.

20-1A-16. Coordination of efforts between departments and agencies.

It shall be the duty of all other state departments, agencies, officers, and employees to assure the most effective coordination and use of state resources, personnel, and facilities for the benefit of children and youths and to assist the department in effectuating the purposes of this chapter by making available to the department upon request of the board or commissioner and to the extent permissible by law the services, resources, personnel, and facilities of their respective departments and agencies.

History. Code 1981, § 20-1A-16 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401.

Editor’s notes.

Ga. L. 2015, p. 965, § 1/HB 401, effective January 1, 2016, reenacted this Code section without change.

20-1A-17. Transfer of programs from Department of Education.

The commissioner and the State School Superintendent, with the concurrence of the board for the department and the State Board of Education, are authorized to transfer programs relating to early childhood education from the Department of Education to the department, as long as such programs are not expressly assigned to the Department of Education by statute.

History. Code 1981, § 20-1A-17 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401.

Editor’s notes.

Ga. L. 2015, p. 965, § 1/HB 401, effective January 1, 2016, reenacted this Code section without change.

20-1A-18. Information on influenza vaccine.

1. Each child care learning center and family child care learning home shall, by September 1 of each year, provide to the parent or guardian of each child enrolled therein educational information on the influenza vaccine. Such information shall include, but not be limited to:
   1. The causes and symptoms of influenza and the means by which it is spread;
   2. The risks associated with influenza;
   3. The availability, effectiveness, and known contraindications of the influenza vaccine; and
   4. Related recommendations issued by the federal Centers for Disease Control and Prevention, including the recommended ages at which children receive the influenza vaccine.
2. Failure to comply with the provisions of this Code section shall not subject any such child care learning center or family child care learning home to any civil or criminal liability.
3. Nothing in this Code section shall be construed to require any child care learning center or family child care learning home to provide or pay for immunizations against influenza.

History. Code 1981, § 20-1A-18 , enacted by Ga. L. 2012, p. 734, § 1/HB 845; Ga. L. 2015, p. 965, § 1/HB 401.

The 2015 amendment, effective January 1, 2016, substituted “child care learning center and family child care learning home shall, by September 1 of each year, provide to the parent or guardian of each child enrolled therein” for “early care and education program shall, by September 1 of each year, provide to the parent or guardian of each child enrolled in the program” in subsection (a); substituted the present provisions of subsection (b) for the former provisions, which read: “The failure on the part of an early care and education program to comply with the provisions of this Code section shall not subject such program to any civil or criminal liability.; and in subsection (c), substituted “child care learning center or family child care learning home” for “early care and education program”.

20-1A-30. Definitions.

As used in this article, the term:

1. “Comprehensive records check determination” means a satisfactory or unsatisfactory determination by the department, based upon a Federal Bureau of Investigation fingerprint check, a search of the National Crime Information Center’s National Sex Offender Registry, and a search of the following registries, repositories, or data bases in the state where the actual or potential employee or director resides and in each state where such individual resided during the preceding five years: criminal registry or repository, with the use of fingerprints being required in the state where the individual resides and optional in other states; state sex offender registry or repository; and state based child abuse and neglect registry and data base.
2. “Conviction” means a finding or verdict of guilty or a plea of guilty, regardless of whether an appeal of the conviction has been sought.
3. “Crime” means:
   1. Any felony;
   2. A violation of Code Section 16-5-23 when the victim is a minor;
   3. A violation of Code Section 16-5-23.1 when the victim is a minor;
   4. A violation of Code Section 16-12-1;
   5. A violation of Chapter 6 of Title 16;
   6. A violation of Code Section 16-4-1;
   7. A violation of Code Section 16-5-29;
   8. A violation of Code Section 16-5-60 when the victim is a minor;
   9. A violation of Code Section 16-5-70;
   10. A violation of Code Section 16-12-1.1;
   11. A violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, or 16-12-100.3;
   12. A violation of Code Section 40-6-391 when a child is endangered;
   13. A violation of Code Section 19-7-5; or
   14. Any other offenses committed in another jurisdiction which, if committed in this state, would be one of the enumerated crimes listed in this paragraph.
4. “Criminal record” means:
   1. Conviction of a crime;
   2. Arrest, charge, and sentencing for a crime where:
      1. A plea of nolo contendere was entered to the charge;
      2. First offender treatment without adjudication of guilt pursuant to the charge was granted; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or
      3. Adjudication or sentence was otherwise withheld or not entered on the charge; provided, however, that this division shall not apply to a violation of Chapter 13 of Title 16, relating to controlled substances, or any other offense committed in another jurisdiction which, if it were committed in this state, would be a violation of Chapter 13 of Title 16 if such violation or offense constituted only simple possession; or
   3. Arrest and being charged for a crime if the charge is pending, unless the time for prosecuting such crime has expired pursuant to Chapter 3 of Title 17.
5. “Director” means the on-site manager of a facility, designated by the legal owner, who is responsible for the supervision, operation, and maintenance of an early care and education program and meets the minimum qualifications as determined by the department.
6. “Employee” means any person, other than a director, who is compensated by an early care and education program; or who cares for, supervises, or has unsupervised access to children at the facility; or who is 17 years of age or older and resides at the facility; or who, with or without compensation, performs duties or services that benefit the early care and education program which involve personal contact between that person and any child being cared for by the early care and education program; however, a parent or legal guardian of a child in care shall not be considered an employee unless such parent or legal guardian is deemed an employee by the early care and education program or either resides at the early care and education program or is compensated in any fashion by the early care and education program except through appropriate state or federal funds.
7. “Employment history” means a record of where a person has worked for the past ten years.
8. “Facility” means an early care and education program’s real property at which children are received for care.
9. “Fingerprint” means an inked fingerprint card or an electronic image of a person’s fingerprint.
10. “Fingerprint records check determination” means a satisfactory or unsatisfactory determination by the department based upon fingerprint based national criminal history record information.
11. “GCIC” means the Georgia Crime Information Center established under Article 2 of Chapter 3 of Title 35.
12. “GCIC information” means criminal history record information, as defined in Code Section 35-3-30.
13. “Provisional employee” means an individual other than a director whose duties involve personal contact between that person and any child being cared for at the facility and who is hired for a limited period of time.
14. “Records check application” means a document created by the department to be completed and submitted to the department by every actual and potential director and employee that indicates such information as the department deems appropriate and which authorizes the department to receive any sex offender registry, child abuse and neglect registry, and criminal history record information pertaining to such individual from any local, state, or national agency or appropriate jurisdiction and render a fingerprint or comprehensive records check determination.
15. “Satisfactory determination” means a written declaration that a person for whom a fingerprint or comprehensive records check determination was performed was found to have no criminal record.
16. “Unsatisfactory determination” means a written declaration that a person for whom a fingerprint or comprehensive records check determination was performed was found to have a criminal record.

History. Code 1981, § 20-1A-30 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 135, § 7/HB 354; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2013, p. 294, § 4-31/HB 242; Ga. L. 2014, p. 866, § 20/SB 340; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 1101, § 2/HB 494; Ga. L. 2019, p. 1056, § 20/SB 52.

The 2014 amendment, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, deleted “, relating to battery,” preceding “when the victim” in subparagraph (3)(C).

The 2015 amendment, effective January 1, 2016, deleted former paragraph (1) which read: “ ‘Center’ means a group day care home, family day care home, or child care learning center which is allowed to operate or is required to be licensed, commissioned, or registered under Article 1 of this chapter.”; redesignated former paragraphs (2) through (12) as present paragraphs (1) through (11), respectively; substituted “an early care and education program” for “the center” in paragraph (4); in paragraph (5), substituted “an early care and education program to perform” for “a center to perform at any of the center’s facilities”, twice substituted “early care and education program” for “center” and added “; however, a parent or legal guardian of a child in care shall not be considered an employee unless such parent or legal guardian is deemed an employee by the early care and education program or either resides at the early care and education program or is compensated in any fashion by the early care and education program except through appropriate state or federal funds” to the end; substituted “an early care and education program’s” for “a center’s” in paragraph (7); deleted former paragraph (13), which read: “ ‘License’ means the document issued by the department to authorize the center to which it is issued to operate a facility.”; redesignated former paragraphs (14) through (18) as present paragraphs (12) through (16), respectively; and, in paragraph (14), deleted “, notarized,” following “completed” near the beginning and substituted “early care and education program name and” for “center”.

The 2018 amendment, effective July 1, 2018, added paragraph (1); redesignated former paragraphs (1) through (11) as present paragraphs (2) through (12), respectively; inserted a comma in paragraph (2); deleted “or” at the end of subparagraph (3)(F); added subparagraphs (3)(G) through (3)(M); redesignated former subparagraph (3)(G) as present subparagraph (3)(N); in paragraph (5), added a comma following “facility” and “legal owner” near the middle; in paragraph (6), near the middle, substituted “who is compensated by an early care and education program; or who cares for, supervises, or has unsupervised access to children at the facility; or who is 17 years of age or older and resides at the facility; or who, with or without compensation, performs duties or services that benefit” for “who is 17 years of age or older and is employed by an early care and education program to perform any duties which involve personal contact between that person and any child being cared for at the facility and also includes any adult person who resides at the facility or who, with or without compensation, performs duties for”; deleted former paragraph (12), which read: “ ‘Preliminary records check determination’ means a satisfactory or unsatisfactory determination by the director based only upon a comparison of GCIC information obtained solely from a law enforcement agency within the state with other than fingerprint information regarding the person upon whom the records check is being performed for purposes of this article.”; substituted “time” for “employment” at the end of paragraph (13); substituted the present provisions of paragraph (14) for the former provisions, which read: “ ‘Records check application’ means a document created by the department to be completed and submitted to the department by every actual and potential director and employee that indicates such director’s name, early care and education program name and type, and such other information as the department deems appropriate and which authorizes the department to receive and render a fingerprint records check determination pursuant to any criminal history record information pertaining to such individual from any local, state, or national criminal justice or law enforcement agency.”; and substituted “fingerprint or comprehensive” for “preliminary or fingerprint” in paragraphs (15) and (16).

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted “fingerprint based” for “fingerprint-based” in paragraph (10).

Code Commission notes.

Pursuant to Code Section 28-9-3 , in 2013, the amendment to paragraph (3) of this Code section by Ga. L. 2013, p. 285, § 2/HB 350, was treated as impliedly repealed and superseded by Ga. L. 2013, p. 294, § 4-31/HB 242, due to irreconcilable conflict. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974), and Ga. L. 2013, p. 141, § 54(d)/HB 79.

Editor’s notes.

Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”

20-1A-31. Records check application for potential employees; comprehensive records check determination.

1. A support center may furnish to the department a records check application for each potential employee of any licensed, commissioned, or permitted early care and education program. Before a person affiliated with a support center may become an employee of any licensed, commissioned, or permitted early care and education program, such person shall obtain a comprehensive records check determination that is satisfactory. All potential employees, excluding students currently enrolled in an early education curriculum through an accredited school of higher education, may submit evidence, satisfactory to the department, that such potential employee received a comprehensive records check determination that is satisfactory and that includes a records check determination clearance date that is no more than 12 months old, notwithstanding Code Section 20-1A-45, or that any employee whose fingerprint records check determination revealed a criminal record of any kind has either subsequently received a comprehensive records check determination that is satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. A student currently enrolled in an early education curriculum through an accredited school of higher education may submit evidence, satisfactory to the department, that such student received a comprehensive records check determination that is satisfactory and that includes a records check clearance date that is no more than 24 months old, notwithstanding Code Section 20-1A-45, or that such student whose comprehensive records check determination revealed a criminal record of any kind has either subsequently received a comprehensive records check determination that is satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The licensed, commissioned, or permitted early care and education program shall maintain documentation in the employee’s personnel file, which is available to the department upon request, and which reflects that a comprehensive records check determination that was satisfactory was received before the employee is allowed to be present at a facility while children are present for care or to reside in a facility. If the comprehensive records check determination for any potential employee reveals a criminal record of any kind, such potential employee shall not be allowed to be present at a facility while children are present for care or to reside in a facility until such potential employee has either obtained a comprehensive records check determination that is satisfactory or has had the unsatisfactory comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. If the comprehensive records check determination is unsatisfactory, the licensed, commissioned, or permitted early care and education program shall, after receiving notification of such unsatisfactory determination, take such steps as are necessary so that such employee is no longer present at a facility while children are present for care and no longer resides in the facility. The time frames set forth in this subsection shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33.
2. Notwithstanding the limited period of portability, every person affiliated with a support center as a potential employee of a licensed or commissioned early care and education program shall undergo additional comprehensive records check determinations such that the time between such additional comprehensive records check determinations and that person’s previous comprehensive records check determination shall not exceed five years, except when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, notwithstanding Code Section 20-1A-45.
3. After the issuance of a registration, the department may require additional comprehensive records check determinations on any person affiliated with a support center during the course of a child abuse investigation involving such person or when the department has reason to believe such person has a criminal record that renders such person ineligible to be present at a facility while children are present for care or to reside in a facility.

History. Code 1981, § 20-1A-31 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 507, § 2-1/SB 336; Ga. L. 2018, p. 1101, § 3/HB 494; Ga. L. 2019, p. 1056, § 20/SB 52.

The 2015 amendment, effective January 1, 2016, substituted the present provisions of this Code section for the former provisions, which read: “(a) Each center shall be required to obtain a separate license for each facility and shall have a separate director for each facility.

“(b) An applicant for a new license shall apply for a separate license for each new facility in this state owned or operated by that applicant and shall have a separate director for each such facility.”

The 2018 amendments. —

The first 2018 amendment, effective July 1, 2018, rewrote subsection (a); in subsection (b), inserted “an” near the middle, substituted “check determination” for “checks” twice in the middle, inserted “determination” near the end, and added the exception at the end. The second 2018 amendment, effective July 1, 2018, substituted “comprehensive” for “fingerprint” throughout this Code section; rewrote subsection (a); in subsection (b), inserted “determinations” twice, inserted “determination” near the end, and added “, notwithstanding Code Section 20-1A-45” at the end; and, in subsection (c), substituted “be present at a facility” for “reside at an early care and education program or be present at an early care and education program” and added “or to reside in a facility” at the end. See the Code Commission note regarding the effect of these amendments.

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, in subsection (b), substituted “comprehensive records check determinations” for “comprehensive records checks determinations” in two places and added a comma following “Code Section 35-3-33”.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2018, the amendment of portions of subsection (b) of this Code section by Ga. L. 2018, p. 507, § 2-1/SB 336, was treated as impliedly repealed and superseded by Ga. L. 2018, p. 1101, § 3/HB 494, due to irreconcilable conflict.

Law reviews.

For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 119 (2018).

20-1A-32. Program license or commission applicants; comprehensive records check requirements; change of ownership.

1. Accompanying any application for a new license or commission for an early care and education program, the applicant shall furnish to the department a records check application for the director and each employee. In lieu of such records check applications, the license applicant may submit evidence, satisfactory to the department, that such individual received a satisfactory comprehensive records check determination that includes a records check clearance date that is no more than 12 months old, notwithstanding Code Section 20-1A-45, or that any director or employee whose comprehensive records check revealed a criminal record of any kind has either subsequently received a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. Either the department or the appropriate agencies may charge reasonable and additional processing fees for providing information pursuant to a records check application as required by statute, regulation, or policy or by GCIC.
2. Each change of ownership applicant shall furnish to the department a records check application for the director and each employee. In lieu of such records check applications, the change of ownership applicant may submit evidence that the director and each employee at that facility received a satisfactory comprehensive records check determination that includes a records check clearance date that is no more than 60 months old, notwithstanding Code Section 20-1A-45, or that any director or employee whose comprehensive records check determination revealed a criminal record of any kind has either subsequently received a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. Failure to comply with this provision shall prevent the department from issuing a license or commission.
3. Any change of ownership applicant that operates under a permit granted by the department shall verify and maintain evidence sufficient to the department that each employee and director who was employed under the former ownership and will continue to work during the permit period has a satisfactory records check determination. If the department determines a change of ownership applicant knows or should reasonably know that any such individual has a criminal record and allows the individual to reside at an early care and education program or be present at an early care and education program while children are present for care, the department shall revoke the permit to operate and deny the license or commission for that early care and education program. Notwithstanding the requirements of this subsection, all requirements for new and provisional employees hired after the issuance of a permit shall apply.
4. The time frames set forth in this Code section shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33.

History. Code 1981, § 20-1A-32 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 507, § 2-2/SB 336; Ga. L. 2018, p. 1101, § 4/HB 494.

The 2015 amendment, effective January 1, 2016, substituted the present provisions of this Code section for the former provisions, which read: “Effective January 1, 2014, accompanying any application for a new license for a facility, the applicant shall furnish to the department a records check application for the director and each employee. In lieu of such records check applications, the license applicant may submit evidence, satisfactory to the department, that within the immediately preceding 12 months the director or employee received a satisfactory fingerprint records check determination, or that any director or employee whose fingerprint records check revealed a criminal record of any kind has either subsequently received a satisfactory fingerprint records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43. Either the department or the appropriate law enforcement agencies may charge reasonable and additional processing fees for performing fingerprint records checks as required by statute, regulation, or policy or by GCIC.”

The 2018 amendments. —

The first 2018 amendment, effective July 1, 2018, added subsection (d). The second 2018 amendment, effective July 1, 2018, substituted “comprehensive” for “fingerprint” throughout this Code section; in subsection (a), inserted “, notwithstanding Code Section 20-1A-45” twice in the second sentence, and, in the last sentence, deleted “law enforcement” preceding “agencies” and substituted “providing information pursuant to a records check application” for “performing fingerprint records checks” near the end; and, in the second sentence of subsection (b), inserted “, notwithstanding Code Section 20-1A-45” twice, and inserted “determination” near the end.

Law reviews.

For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 119 (2018).

20-1A-33. Notification to applicant on comprehensive records check.

After being furnished the required records check application under Code Section 20-1A-32, the department shall notify the license, commission, or change of ownership applicant and the records check applicant in writing whether the department’s determination as to a potential director or potential employee is satisfactory or unsatisfactory. If the comprehensive records check determination was satisfactory as to the potential director and each potential employee of a license applicant’s facility, that applicant may be issued a license or commission for that facility if the applicant otherwise qualifies for a license or commission under Article 1 of this chapter. If the comprehensive records check determination for a potential director or any potential employee revealed a criminal record, such potential director or potential employee shall not be allowed to be present at the facility while any child is present for care or to reside in the facility until he or she either has obtained a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The department shall revoke the license or commission of an early care and education program if the early care and education program fails to comply with the requirements of this Code section.

History. Code 1981, § 20-1A-33 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 1101, § 5/HB 494.

The 2015 amendment, effective January 1, 2016, inserted “potential” throughout this Code section; inserted “, commission, or change of ownership” in the first sentence; inserted “or commission” in the second sentence; substituted “reside at an early care and education program or be present in the early care and education program while any child is present for care” for “work in the center while any child is present” in the third sentence; and substituted “or commission of an early care and education program if the early care and education program” for “of a center if the center” in the last sentence.

The 2018 amendment, effective July 1, 2018, substituted “comprehensive” for “fingerprint” three times; deleted “fingerprint” preceding “records check” in the first sentence; and, in the third sentence, inserted “determination” near the beginning, substituted “be present at the facility” for “reside at an early care and education program or be present in the early care and education program” in the middle, inserted “or to reside in the facility”, and added “, notwithstanding Code Section 20-1A-45” at the end.

20-1A-34. Check of fingerprints on national level; satisfactory determination prior to employment; additional records checks; retention of fingerprints.

1. The department shall receive a records check application, as may be required by the department and allowed under federal law, for any individual that cares for children through a program that receives, either directly or indirectly, federal funds through the department for the care of children. Upon receipt of such records check application, the department shall comply with all rules of GCIC and the Federal Bureau of Investigation for the request and receipt of national fingerprint based criminal history reports. Such individuals shall also submit all necessary applications, fees, and acceptable fingerprints to GCIC. Within ten days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including, but not limited to, any criminal record, of the state fingerprint records check or if there is no such finding. GCIC shall also conduct a search of Federal Bureau of Investigation records and fingerprints and notify the department in writing of the results of such search. Upon receipt of the bureau’s report, the department shall make a national fingerprint records check determination. If the fingerprint records check determination is unsatisfactory for an individual, the department shall notify the provider and the employee of such determination in writing, and no such individual shall be allowed to be present at the facility when any child is present for care or to reside in the facility until he or she either has obtained a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The department shall cease to issue funds, either directly or indirectly, to any individual or program that willfully and continually fails to comply with the requirements of this Code section.
2. Every potential employee of the department or contractor performing duties on behalf of the department who may have any reason to be present at a licensed or commissioned early care and education program while any child is present for care must receive a comprehensive records check determination that is satisfactory or have had an unsatisfactory comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45, prior to being present at a licensed or commissioned early care and education program while children are present for care. Every current employee of the department who may have any reason to be present at a licensed or commissioned early care and education program while any child is present for care must receive a comprehensive records check determination that is satisfactory or have had an unsatisfactory comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. Every employee of the department shall undergo additional comprehensive records check determinations such that the time between such additional comprehensive records check determinations and that employee’s previous comprehensive records check determination shall not exceed five years except when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, notwithstanding Code Section 20-1A-45. The department shall maintain documentation in the appropriate personnel file indicating that such person has obtained such current comprehensive records check determination that is satisfactory or has had an unsatisfactory comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45.
3. If the department is participating in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, the Georgia Bureau of Investigation and the Federal Bureau of Investigation shall be authorized to retain fingerprints obtained pursuant to this Code section for such program and the department shall notify the individual whose fingerprints were taken of the parameters of such retention.

History. Code 1981, § 20-1A-34 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 507, § 2-3/SB 336; Ga. L. 2018, p. 1101, § 6/HB 494; Ga. L. 2019, p. 1056, § 20/SB 52.

The 2015 amendment, effective January 1, 2016, substituted the present provisions of this Code section for the former provisions, which read: “(a) The department shall transmit to GCIC both sets of fingerprints and the records search fee from each fingerprint records check application. Upon receipt thereof, GCIC shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its records and records to which it has access. Within ten days after receiving fingerprints acceptable to GCIC, the application, and fee, GCIC shall notify the department in writing of any derogatory finding, including but not limited to any criminal record, of the state fingerprint records check or if there is no such finding. After a search of Federal Bureau of Investigation records and fingerprints and upon receipt of the bureau’s report, the department shall make a national fingerprint records check determination.

“(b) Every potential employee of the department who may have any reason to be present at a center while any child is present for care must receive a satisfactory fingerprint records check determination or have had an unsatisfactory fingerprint records check determination reversed in accordance with Code Section 20-1A-43 prior to employment. Every current employee of the department who may have any reason to be present at a center while any child is present for care must receive a satisfactory fingerprint records check determination or have had an unsatisfactory fingerprint records check determination reversed in accordance with Code Section 20-1A-43 by January 1, 2014. Every employee of the department shall undergo additional fingerprint records checks such that the time between such additional fingerprint records checks and that employee’s previous fingerprint records check shall not exceed five years. The department shall maintain documentation in the appropriate personnel file indicating that such person has obtained such current satisfactory fingerprint records check determination or has had an unsatisfactory fingerprint records check determination reversed in accordance with Code Section 20-1A-43.”

The 2018 amendments. —

The first 2018 amendment, effective July 1, 2018, in subsection (b), inserted “that is satisfactory” in the middle of the first, second, and fourth sentences, deleted “satisfactory” preceding “fingerprint records check” near the middle of the first, second, and fourth sentences, deleted “fingerprint records check” following “unsatisfactory” in the middle of the first, second, and fourth sentences, in the third sentence, inserted “an” near the beginning, substituted “check determination” for “checks” in two places in the middle, and added the exception at the end; and added subsection (c). The second 2018 amendment, effective July 1, 2018, throughout this Code section, substituted “comprehensive” for “fingerprint” and inserted “, notwithstanding Code Section 20-1A-45”; in subsection (a), revised punctuation in the middle of the fourth sentence, in the middle of the seventh sentence, inserted a comma following “writing”, deleted “reside at the location or” preceding “be present”, substituted “facility” for “location”, and inserted “or to reside in the facility”, and inserted “willfully and continually” in the last sentence; and, in subsection (b), in the third sentence, inserted “determinations” twice and inserted “determination”. See the Code Commission note regarding the effect of these amendments.

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, in subsection (a), substituted “rules of GCIC” for “rules of the GCIC” in the second sentence, “fingerprints to GCIC” for “fingerprints to the GCIC” at the end of the third sentence, and “GCIC shall” for “The GCIC shall” at the beginning of the fifth sentence; and, in subsection (b), substituted “comprehensive records check determinations” for “comprehensive records checks determinations” in two places in the third sentence.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2018, the amendment of portions of subsection (b) of this Code section by Ga. L. 2018, p. 507, § 2-3/SB 336, was treated as impliedly repealed and superseded by Ga. L. 2018, p. 1101, § 6/HB 494, due to irreconcilable conflict.

Law reviews.

For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 119 (2018).

20-1A-35. Provisional employees; receipt of satisfactory determination; revocation of license, commission, or permit for violations.

1. Where there is need for a provisional employee to work at a licensed, commissioned, or permitted early care and education program facility, such early care and education program may utilize an individual as a provisional employee only after the individual receives a satisfactory determination pursuant to rules and regulations promulgated by the department in accordance with this article. No such provisional employee shall be present at a facility while any child is present for care or reside in a facility until such satisfactory determination has been made. The board shall be authorized to define and enforce all regulations pertaining to provisional employees. The department may revoke the license, commission, or permit of an early care and education program if the early care and education program fails to comply with the rules and regulations pertaining to provisional employees.
2. If the department determines a licensed, commissioned, or permitted early care and education program knows or should reasonably know that a provisional employee has a criminal record and allows the provisional employee to be present at a facility while children are present for care or to reside at a facility, the department shall revoke the license, commission, or permit for that early care and education program.

History. Code 1981, § 20-1A-35 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 1101, § 7/HB 494.

The 2015 amendment, effective January 1, 2016, substituted the present provisions of this Code section for the former provisions, which read: “Where there is need for a provisional employee to work at a center’s facility, such center may utilize an individual as a provisional employee only after the director reviews a preliminary records check and makes a satisfactory determination in accordance with this article. No such provisional employee shall be present in the facility while any child is present for care until such satisfactory preliminary records check determination has been made based upon GCIC information obtained from local law enforcement within the prior ten days. The board shall be authorized to define and enforce by regulations, including, but not limited to, the length of time a provisional employee may be present at a facility without a fingerprint records check determination. The department may revoke the license of a center if the center fails to comply with the requirements of this Code section and employs a person with an unsatisfactory preliminary records check determination.”

The 2018 amendment, effective July 1, 2018, rewrote subsection (a); and, in subsection (b), substituted “employee to be present at a facility” for “employee to reside at an early care and education program or be present at an early care and education program” in the middle and inserted “or to reside at a facility” near the end.

20-1A-36. Certain offenders prohibited as employees of facilities.

No licensed, commissioned, or permitted facility operated as an early care and education program or similar facility or any operator of such a facility shall allow any person who has been convicted of or who has entered a plea of guilty or nolo contendere to any offense specified in Code Section 16-12-1.1 to be present at a facility while children are present for care or allow any such person to reside in or be domiciled at such facility in violation of Code Section 16-12-1.1. The department shall either deny the issuance of or revoke the license, commission, or registration of any such facility violating the provisions of this Code section. The powers and duties set forth in this Code section are cumulative and not intended to limit the powers and duties set forth throughout this article.

History. Code 1981, § 20-1A-36 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 1101, § 8/HB 494.

The 2015 amendment, effective January 1, 2016, in the first sentence, inserted “licensed, commissioned, or permitted” at the beginning, substituted “allow” for “employ” near the beginning, and inserted “to reside in an early care and education program or be present at an early care and education program while children are present for care” near the middle.

The 2018 amendment, effective July 1, 2018, in the first sentence, substituted “be present at a facility” for “reside in an early care and education program or be present at an early care and education program” and substituted “reside in” for “reside at”.

20-1A-37. Director or employee residing in family child care learning home or at certain programs; comprehensive records check requirements.

Notwithstanding any other provision of this article, a director or employee who resides in a family child care learning home, as defined by Code Section 20-1A-2, or at any program as determined by the department and allowed under federal law to receive, either directly or indirectly, federal funds through the department for the care of children shall be required to provide a records check application to the department. Upon receipt of such records check application, the department shall comply with all the rules and regulations promulgated by GCIC and the Federal Bureau of Investigation for the request and receipt of national fingerprint based criminal history reports. Such individuals shall also submit all necessary applications, fees, and acceptable fingerprints to GCIC and appropriate agencies. If the comprehensive records check determination is unsatisfactory, the department shall notify the provider and the employee of such determination in writing, and no such individual shall be allowed to be present at the facility when any child is present for care or to reside in the facility until he or she either has obtained a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The department shall revoke the license, commission, or permit of a family child care learning home if the family child care learning home fails to comply with the requirements of this Code section.

History. Code 1981, § 20-1A-37 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 1101, § 9/HB 494; Ga. L. 2019, p. 1056, § 20/SB 52.

The 2015 amendment, effective January 1, 2016, substituted “child care learning home, as defined by Code Section 20-1A-2, or at any program as determined by the department and allowed under federal law to receive, either directly or indirectly, federal funds through the department for the care of children” for “day-care home, as defined by Code Section 20-1A-2” in the first sentence; added the second and third sentences; substituted “individual shall be allowed to reside at the location or be present at the location” for “employee shall be allowed to reside at the day-care home or be present at the day-care home” in the fourth sentence; and added the last sentence.

The 2018 amendment, effective July 1, 2018, in the first sentence, substituted “a director or employee” for “an individual” near the beginning and deleted “fingerprint” preceding “records check” near the end; added “and appropriate agencies” at the end of the third sentence; and, in the fourth sentence, substituted “comprehensive” for “fingerprint” twice, inserted a comma following “determination in writing” near the middle, substituted “be present at the facility” for “reside at the location or be present at the location”, inserted “or to reside in the facility” in the middle, and added “, notwithstanding Code Section 20-1A-45” at the end.

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, deleted “the” preceding “GCIC” in the second and third sentences.

20-1A-38. Change of directors; records check requirements.

1. If the director of a licensed, commissioned, or permitted early care and education program ceases to be the director of that early care and education program, the license holder, commission holder, or permit holder shall thereupon designate a new director. After such change, the license holder, commission holder, or permit holder of that early care and education program shall notify the department of such change and of any additional information the department may require regarding the newly designated director of that early care and education program, including a records check application. Such individuals shall also submit all necessary applications, fees, and acceptable fingerprints to GCIC and appropriate agencies. If the department determines that such newly designated director has received a comprehensive records check determination that is satisfactory and that includes a records check clearance date that is no more than 12 months old, notwithstanding Code Section 20-1A-45, or had an unsatisfactory determination reversed pursuant to Code Section 20-1A-43 within the prior 12 months, notwithstanding Code Section 20-1A-45, such determination shall be deemed to be satisfactory for purposes of this article. The time frames set forth in this subsection shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33.
2. If the department determines under subsection (a) of this Code section that a licensed, commissioned, or permitted early care and education program knows or should reasonably know that the newly designated director has a criminal record or an unsatisfactory determination issued by the department that has not been reversed pursuant to Code Section 20-1A-43, notwithstanding Code Section 20-1A-45, and allows the director to be present at a facility while children are present for care or to reside in the facility, then the license, commission, or permit for that program shall be revoked.

History. Code 1981, § 20-1A-38 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 507, § 2-4/SB 336; Ga. L. 2018, p. 1101, § 10/HB 494.

The 2015 amendment, effective January 1, 2016, substituted the present provisions of this Code section for the former provisions, which read: “(a) If the director of a facility ceases to be the director of that facility, the licensee shall thereupon designate a new director. After such change, the licensee of that facility shall notify the department in writing of such change and of any additional information the department may require regarding the newly designated director of that facility, including a fingerprint records check application. If the department determines that such newly designated director has had a satisfactory fingerprint records check determination or an unsatisfactory determination reversed pursuant to Code Section 20-1A-43 within the prior 12 months, such determination shall be deemed to be satisfactory for purposes of this article. The license of that facility shall not be adversely affected by that change in director, and the licensee shall be so notified.

“(b) If the department determines under subsection (a) of this Code section that there has ever been an unsatisfactory preliminary or state or national fingerprint records check determination of the newly designated director which has not been legally reversed, the center and that director shall be so notified. The license for that director’s facility shall be indefinitely suspended or revoked unless the unsatisfactory determination as to that director is reversed in accordance with Code Section 20-1A-43 or the center designates another director pursuant to the provisions of this Code section relating to a change of director.

“(c) If the department determines under subsection (a) of this Code section that there have been no satisfactory or legally reversed fingerprint records check determinations regarding the newly designated director within the immediately preceding 12 months, the department shall so notify the center. Upon such notification, the newly designated director shall follow the procedures for new directors as outlined in Code Section 20-1A-39, or the license of that facility shall be indefinitely suspended or revoked.”

The 2018 amendments. —

The first 2018 amendment, effective July 1, 2018, in subsection (a), deleted “the” preceding “GCIC” near the end of the third sentence, in the fourth sentence, deleted “satisfactory” preceding “fingerprint records check” near the middle, inserted “is satisfactory and that” in the middle, and added the fifth sentence. The second 2018 amendment, effective July 1, 2018, inserted “, notwithstanding Code Section 20-1A-45” twice in the last sentence of subsection (a) and in the middle of subsection (b); in subsection (a), deleted “fingerprint” preceding “records check” near the end of the second sentence, substituted “fingerprints to GCIC and appropriate agencies” for “fingerprints to the GCIC” at the end of the third sentence, and substituted “comprehensive” for “fingerprint” near the middle of the last sentence; and substituted “be present at a facility while children are present for care or to reside in the facility, then the license, commission, or permit for that program” for “reside at an early care and education program or be present at an early care and education program while children are present for care, then the license, commission, or permit for that facility” near the end of subsection (b).

Law reviews.

For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 119 (2018).

20-1A-39. Potential employees; current employees and directors; comprehensive records check requirements; satisfactory determination; liability for hiring ineligible employee.

1. Before a person may become an employee of any early care and education program after that early care and education program has received a license or commission, that early care and education program shall require that person to obtain a comprehensive records check determination that is satisfactory. All potential employees, excluding students currently enrolled in an early education curriculum through an accredited school of higher education, may submit evidence, satisfactory to the department, that the potential employee received a comprehensive records check determination that is satisfactory and that includes a records check clearance date that is no more than 12 months old, notwithstanding Code Section 20-1A-45, or that any potential employee whose comprehensive records check revealed a criminal record of any kind has either subsequently received a comprehensive records check determination that is satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. A student currently enrolled in an early education curriculum through an accredited school of higher education may submit evidence, satisfactory to the department, that the student received a comprehensive records check determination that is satisfactory and that includes a records check clearance date that is no more than 24 months old, notwithstanding Code Section 20-1A-45, or that such student whose comprehensive records check determination revealed a criminal record of any kind has either subsequently received a comprehensive records check determination that is satisfactory or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The licensed or commissioned early care and education program shall maintain documentation in the employee’s personnel file, which is available to the department upon request, which reflects that a comprehensive records check determination that is satisfactory was received before the employee is eligible to be present at a facility while children are present for care or to reside in a facility. If the comprehensive records check determination for any potential employee reveals a criminal record of any kind, such potential employee shall be ineligible to be present at a facility while children are present for care or to reside in a facility until such potential employee has either obtained a comprehensive records check determination that is satisfactory or has had the unsatisfactory comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. If the comprehensive records check determination is unsatisfactory, the licensed or commissioned early care and education program shall, after receiving notification of such unsatisfactory determination, take such immediate steps as are necessary so that such person is no longer present at the facility while children are present for care and no longer resides in the facility. The department shall revoke the license or commission of an early care and education program if the early care and education program fails to comply with the requirements of this Code section. The time frames set forth in this subsection shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33.
2. Effective January 1, 2019, every employee and director of any licensed or commissioned early care and education program shall undergo additional comprehensive records check determinations such that the time between such additional comprehensive records check determinations and that employee’s or director’s previous comprehensive records check determination shall not exceed five years except when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section 35-3-33, notwithstanding Code Section 20-1A-45. The early care and education program shall maintain documentation in the appropriate personnel file, which is available to the department immediately upon request, indicating that such person has obtained such current comprehensive records check determination that is satisfactory or has had an unsatisfactory comprehensive records check determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The department shall revoke the license or commission of an early care and education program if the early care and education program fails to comply with the requirements of this Code section.
3. A license or commission shall be subject to revocation and the department may refuse to issue a license or commission if a director or employee does not undergo the comprehensive records check determination applicable to that director or employee and receive acceptable determinations.
4. After the issuance of a license, commission, or permit, the department may require additional comprehensive records check determinations on any director or employee when the department has reason to believe the director or employee has a criminal record that renders the director or employee ineligible to have contact with children in the early care and education program, or during the course of a child abuse investigation involving the director or employee.
5. No licensed or commissioned early care and education program may allow any person to be present at a facility while children are present for care or to reside in a facility as a director or an employee unless there is on file in the early care and education program an employment history and a satisfactory comprehensive records check determination or proof that an unsatisfactory determination has been reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The department shall revoke the license or commission of any early care and education program if the early care and education program fails to comply with the requirements of this Code section.
6. A license holder, commission holder, permit holder, or director of a licensed, commissioned, or permitted early care and education program that allows an employee or director about whom such license holder, commission holder, permit holder, or director knows or should reasonably know to have a criminal record that renders the employee or director ineligible to have contact with children to be present at a facility while children are present for care or to reside in a facility shall be guilty of a misdemeanor.

History. Code 1981, § 20-1A-39 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 507, § 2-5/SB 336; Ga. L. 2018, p. 1101, § 11/HB 494; Ga. L. 2019, p. 1056, § 20/SB 52.

The 2015 amendment, effective January 1, 2016, rewrote this Code section.

The 2018 amendments. —

The first 2018 amendment, effective July 1, 2018, deleted “satisfactory” preceding “fingerprint records check” and inserted “that is satisfactory” throughout subsection (a) and in the second sentence of subsection (c); in subsection (a), in the second and third sentences, inserted “is satisfactory and that” in the middle, deleted “fingerprint records check” following “unsatisfactory” near the end of the fifth sentence and in the second sentence of subsection (c), and added the eighth sentence; in subsection (c), in the first sentence, inserted “an” near the middle, substituted “check determination” for “checks” two times in the middle, and added the exception at the end. The second 2018 amendment, effective July 1, 2018, throughout this Code section, substituted “comprehensive” for “fingerprint” and inserted “, notwithstanding Code Section 20-1A-45”; rewrote subsection (a); deleted former subsection (b), which read: “By no later than January 1, 2017, every current employee and director of any licensed or commissioned early care and education program shall obtain either a satisfactory fingerprint records check determination or shall have had an unsatisfactory fingerprint records check determination reversed in accordance with Code Section 20-1A-43. The early care and education program shall maintain such documentation in the appropriate personnel file, which is available to the department immediately upon request. If the fingerprint records check determination is unsatisfactory, the licensed or commissioned early care and education program shall, after receiving notification of the determination, take such steps as are necessary so that such person no longer resides at the early care and education program or is no longer present at the early care and education program while children are present for care. The department shall revoke the license or commission of an early care and education program if the early care and education program fails to comply with the requirements of this Code section.”; redesignated former subsections (c) through (g) as present subsections (b) through (f), respectively; and, in subsection (b), in the first sentence, inserted “determinations” twice and inserted “determination”; deleted “suspension or” preceding “revocation” near the beginning of subsection (c); substituted “be present at a facility while children are present for care or to reside in a facility” for “reside at an early care and education program or be present at a licensed or permitted early care and education program while children are present for care” in the middle of the first sentence of subsection (e); and, in subsection (f), substituted “program that allows an employee or director about” for “program having an employee or director” in the middle and substituted “to be present at a facility while children are present for care or to reside in a facility” for “in the early care and education program” near the end. See the Code Commission note regarding the effect of these amendments.

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted “comprehensive records check determinations” for “comprehensive records checks determinations” in two places in the first sentence of subsection (b).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2018, the amendment of portions of subsection (b) of this Code section by Ga. L. 2018, p. 507, § 2-5/SB 336, was treated as impliedly repealed and superseded by Ga. L. 2018, p. 1101, § 11/HB 494, due to irreconcilable conflict.

Law reviews.

For article on the 2018 amendment of this Code section, see 35 Ga. St. U. L. Rev. 119 (2018).

20-1A-40. Cooperation with GCIC and other law enforcement agencies; fees; penalty for misuse of information.

1. GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the department in performing preliminary and fingerprint records check determinations required under this article and shall provide such information so required for such records checks notwithstanding any other law to the contrary and may charge reasonable fees therefor.
2. Any person who knowingly and under false pretenses requests, obtains, or attempts to obtain GCIC information otherwise authorized to be obtained pursuant to this article, or who knowingly communicates or attempts to communicate such information obtained pursuant to this article to any person or entity except in accordance with this article, or who knowingly uses or attempts to use such information obtained pursuant to this article for any purpose other than as authorized by this article shall be fined not more than $5,000.00, imprisoned for not more than two years, or both.

History. Code 1981, § 20-1A-40 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401.

Editor’s notes.

Ga. L. 2015, p. 965, § 2/HB 401, effective January 1, 2016, reenacted this Code section without change.

20-1A-41. Liability for information or determinations made based upon records check.

1. Neither GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this article.
2. An early care and education program, its director, and its employees shall have no liability for defamation, invasion of privacy, or any other claim based upon good faith action thereby pursuant to the requirements of this article.

History. Code 1981, § 20-1A-41 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401.

The 2015 amendment, effective January 1, 2016, substituted “An early care and education program” for “A center” at the beginning of subsection (b).

20-1A-42. Construction with Article 1.

The requirements of this article are supplemental to any requirements for a license imposed by Article 1 of this chapter.

History. Code 1981, § 20-1A-42 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401.

Editor’s notes.

Ga. L. 2015, p. 965, § 2/HB 401, effective January 1, 2016, reenacted this Code section without change.

20-1A-43. Contested case procedure following rejection or other suspension of license or application.

A determination by the department regarding preliminary or fingerprint records checks under this article, or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. It is expressly provided that upon motion from any party, the hearing officer may, in his or her discretion, consider matters in mitigation of any conviction only if all terms of probation have been successfully completed, provided that the hearing officer examines the circumstances of the case and makes an independent finding that no physical harm was done to a victim and also examines the character and employment history since the conviction and determines that there is no propensity for cruel behavior or behavior involving moral turpitude on the part of the person making a motion for an exception to sanctions normally imposed. If the hearing officer deems a hearing to be appropriate, he or she shall also notify at least 30 days prior to such hearing the office of the prosecuting attorney who initiated the prosecution of the case in question in order to allow such prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license or employment as contemplated within this chapter. If objections are made, the hearing officer shall take such objections into consideration in considering the case.

History. Code 1981, § 20-1A-43 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401.

The 2015 amendment, effective January 1, 2016, inserted “only if all terms of probation have been successfully completed” in the second sentence.

20-1A-44. Regulatory authority.

The board is authorized to provide by regulation for the administration of this article.

History. Code 1981, § 20-1A-44 , enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401.

Editor’s notes.

Ga. L. 2015, p. 965, § 2/HB 401, effective January 1, 2016, reenacted this Code section without change.

20-1A-45. Valid period for records check for separated employees.

A satisfactory comprehensive records check determination shall be no longer valid for an employee or director who has been separated from employment for more than 180 consecutive days from an early care and education program or any program that received, either directly or indirectly, federal funds through the department for the care of children.

History. Code 1981, § 20-1A-45 , enacted by Ga. L. 2018, p. 1101, § 12/HB 494.

20-2-1. Board created; appointment of members; powers.

1. The State Board of Education is created. The state board shall be composed of one member from each congressional district in this state, who shall be appointed by the Governor by and with the advice and consent of the Senate. The Governor shall not be a member of the state board. The state board provided for by this article shall have the powers and duties provided by law for the state board on January 25, 1943, and such as may be thereafter provided and shall be subject to all provisions of law with respect to the state board not inconsistent with this article.
2. Except as provided in this article, the state board shall also have all the powers conferred by law upon the former State Board of Education abolished by Ga. L. 1937, p. 864, and shall perform all the duties required by law of such former state board as constituted on July 1, 1937.

History. Ga. L. 1919, p. 288, § 9; Code 1933, § 32-401; Ga. L. 1937, p. 864, §§ 1, 4; Ga. L. 1941, p. 568, § 1; Ga. L. 1943, p. 142, §§ 1, 2; Ga. L. 1943, p. 636, §§ 2, 3, 6; Ga. L. 1972, p. 1015, § 1001; Ga. L. 1996, p. 6, § 20.

20-2-2. Terms of office of members.

The first State Board of Education appointed under this article shall hold office as follows: two for three years; four for five years; and four for seven years. All of such terms shall date from January 1, 1943. The Governor in making the appointments shall designate the holders of the respective terms. Successors to persons so appointed shall hold terms of office of seven years from the expiration of the previous term. All members of the state board appointed for a first or succeeding full term shall hold office until their successors are appointed and have qualified. Any appointment of a member of the state board for a full term made when the Senate is not in session shall be effective until the appointment is acted on by the Senate.

History. Ga. L. 1919, p. 288, § 9; Code 1933, § 32-401; Ga. L. 1937, p. 864, § 1; Ga. L. 1943, p. 636, §§ 4, 7.

20-2-3. Vacancies on board.

In case of a vacancy on the State Board of Education by death, resignation, removal, or from any cause other than the expiration of such member’s term of office, such vacancy shall be filled in the manner prescribed by Article VIII, Section II, Paragraph I of the Constitution.

History. Ga. L. 1919, p. 288, § 9; Code 1933, § 32-401; Ga. L. 1937, p. 864, § 1; Ga. L. 1943, p. 636, §§ 5, 8; Ga. L. 1983, p. 495, § 1.

20-2-4. Qualifications and disqualifications of members.

The members of the State Board of Education shall be citizens of this state who have resided in Georgia continuously for at least five years preceding their appointment. No person employed in a professional capacity by a private or public educational institution or by the Department of Education shall be eligible for appointment or to serve on the state board. No person who is or has been connected with or employed by a schoolbook publishing concern shall be eligible for membership on the state board and, if any person shall be so connected or employed after becoming a member of the state board, his place shall immediately become vacant.

History. Ga. L. 1919, p. 288, § 9; Code 1933, § 32-401; Ga. L. 1937, p. 864, § 1.

20-2-5. Oaths of members; board meetings.

The members of the State Board of Education shall take an oath of office for the faithful performance of their duties and the oath of allegiance to the federal and state Constitutions. The state board shall meet quarterly in regular session at such time as it may by regulation provide and may hold additional meetings at the call of the chairperson, provided that upon the written request of a majority of the members of the state board, the State School Superintendent shall call a meeting at any time.

History. Ga. L. 1919, p. 288, § 10; Code 1933, § 32-402; Ga. L. 1937, p. 864, § 1; Ga. L. 2000, p. 618, § 3; Ga. L. 2012, p. 358, § 1/HB 706.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-5.1. Annual public hearings in congressional district from which each State Board of Education member is appointed.

1. Each member of the State Board of Education shall hold one or more public hearings annually during the regular school calendar year in the respective congressional district from which the member was appointed.  The purpose of the public hearing shall be to hear testimony from interested citizens and educators within the congressional district regarding the performance and problems of public education within the congressional district. The public hearing will be held in an appropriate public building located within the respective congressional district.  Each board member shall attempt to hold the public hearings at locations throughout such member’s respective congressional district.  The public hearing will begin at 7:00 P.M. if held on Monday through Friday or at 10:00 A.M. if held on Saturday.  No public hearing required by this Code section shall be held on Sunday.
2. A member of the State Board of Education holding a public hearing required by this Code section shall:
   1. Cause a notice of the date, time, place, and purpose of the public hearing to be published at least once during each of two consecutive weeks immediately preceding the week during which the hearing is held, which notice shall be published in the official legal organ of each county wholly or partially within the congressional district unless there is any other newspaper having a general paid circulation in said county which exceeds that of the official organ, in which event the notice shall be published in any such other newspaper;
   2. Issue a press release to the print and broadcast media serving the congressional district announcing the date, time, place, and purpose of the public hearing; and
   3. Take such other action as may be necessary to bring the public hearing to the attention of the public and to encourage public attendance at and participation in the public hearing.
3. A member of the State Board of Education shall constitute a committee of one for the purpose of holding a public hearing required by this Code section and, in connection therewith, shall be entitled to receive the per diem and expenses provided for by Code Section 20-2-9.
4. The costs incurred in holding public hearings required by this Code section shall come from funds appropriated or available to the State Department of Education.

History. Code 1981, § 20-2-5.1 , enacted by Ga. L. 1989, p. 678, § 1; Ga. L. 1993, p. 353, § 1.

20-2-5.2. Chairperson and other officers; election; term and duties of chairperson.

The State Board of Education shall elect a chairperson and such other officers it may deem appropriate. The term of the chairperson shall be fixed by the state board. The chairperson shall preside at meetings of the state board, set the agenda for the state board, and perform such other duties as required by the state board.

History. Code 1981, § 20-2-5.2 , enacted by Ga. L. 2000, p. 618, § 4; Ga. L. 2012, p. 358, § 2/HB 706.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-6. Inspection committees.

The State Board of Education is authorized to appoint committees composed of members of the state board as a majority vote of the state board may determine to travel within this state and inspect the institutions and facilities under its jurisdiction and control.

History. Ga. L. 1952, p. 155, § 1.

20-2-7. Where committee meetings may be held.

The members of the State Board of Education as a committee or any committee of the state board may hold committee meetings anywhere within or outside this state when necessary to obtain information for future guidance of the state board; provided, however, that no action of the state board shall be of force and effect unless such action is taken at a regular or called meeting of the state board.

History. Ga. L. 1953, Jan.-Feb. Sess., p. 110, § 1; Ga. L. 2012, p. 358, § 3/HB 706.

20-2-8. Travel by members within or outside state.

The State Board of Education may authorize any member of the state board to travel within or outside this state if necessary to obtain information for the guidance of the state board; provided, however, no member shall be authorized to make commitments for the state board on any matter that requires action of the state board as provided by law.

History. Ga. L. 1953, Jan.-Feb. Sess., p. 110, § 2.

20-2-9. Per diem allowances and expenses of members.

Each member of the State Board of Education shall receive the sum provided for by Code Section 45-7-21 for each day of actual attendance at meetings of the state board or for each day of travel, within or outside the state, as a member of a committee of the state board which has been authorized by the chairman or by action of the state board, in addition to actual expenses incurred in connection therewith and actual costs of transportation to and from the place of meeting or place of visits or inspections. No member shall be authorized to receive the sums, expenses, and costs provided for by this Code section for more than 60 days per year. Such sums, expenses, and costs shall be paid from funds appropriated to or otherwise available to the Department of Education.

History. Ga. L. 1919, p. 288, § 10; Code 1933, § 32-402; Ga. L. 1937, p. 864, § 2; Ga. L. 1953, Jan.-Feb. Sess., p. 110, § 3; Ga. L. 1973, p. 701, § 4; Ga. L. 1977, p. 226, § 2; Ga. L. 1978, p. 4, § 4.

20-2-10. Gifts or compensation to members, appointees, or their families from publishers prohibited; reporting offers; penalty.

1. No member or appointee of the State Board of Education or any other person having authority to select or aid in the selection of textbooks for the schools shall for himself or any member of his family receive any gift, compensation, or remuneration from any schoolbook publishing house, corporation, individual, or agent or representative of either; nor shall any such person, publishing house, or corporation offer, directly or indirectly, to any member of the state board or his family or appointees any gift, compensation, or remuneration. Should any such publishing house, corporation, or person offer to any such officers, their families, or appointees any compensation, remuneration, or gift, they shall report such offer to the grand juries of their respective counties. The judges of the superior courts in charging the grand jury from term to term shall give instructions concerning this Code section and article.
2. Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.

History. Ga. L. 1911, p. 94, § 23; Ga. L. 1919, p. 288, § 15; Code 1933, §§ 32-406, 32-9901, 32-9902; Ga. L. 1937, p. 864, §§ 8, 9.

Cross references.

Instructional materials and content, T. 20, C. 2, A. 19.

20-2-11. Budgets; supervision of Department of Education; funds for state office.

The State Board of Education shall prepare and submit to the Governor and General Assembly an estimate of the funds necessary for the operation of the state public school system. It shall have general supervision of the Department of Education and may delegate to the State School Superintendent the authority to employ and dismiss such clerical employees, supervisors, administrators, and other employees who are members of the classified service under Article 1 of Chapter 20 of Title 45 as may be necessary for the efficient operation of the Department of Education. It shall set aside the necessary funds for the maintenance of the office of the department and the State School Superintendent, the amount and sufficiency of such funds to be in the discretion of the state board, such funds to be disbursed by the superintendent in the payment of salaries and travel expenses of employees and for printing, communication, equipment, repairs, and other expenses incidental to the operation of the department.

History. Ga. L. 1919, p. 288, § 11; Code 1933, § 32-403; Ga. L. 1937, p. 864, § 3; Ga. L. 1961, p. 39, § 3; Ga. L. 1991, p. 1630, § 1; Ga. L. 1992, p. 6, § 20.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1991, “superintendent” was substituted for “Superintendent” in the last sentence of this Code section.

20-2-12. [Reserved] Educational television programs.

History. Ga. L. 1963, p. 431, § 1; repealed by Ga. L. 2012, p. 358, § 4/HB 706, effective July 1, 2012.

Editor’s notes.

Ga. L. 2012, p. 358, § 4/HB 706 repealed and reserved this Code section, effective July 1, 2012.

20-2-13. Educational research; preparation and publication of instructional material.

The State Board of Education may use and allocate money for educational research and preparation and publication of instructional material, and such funds may be paid upon approval of the Governor.

History. Ga. L. 1951, p. 403, §§ 1-4; Ga. L. 1987, p. 3, § 20; Ga. L. 1990, p. 1972, § 1.

20-2-14. Acceptance of donations, grants, and federal aid for vocational or other educational purposes; matching funds; authorization to make transfers.

1. The State Board of Education is authorized to receive, accept, hold, and operate, on behalf of the state, donations, grants, gifts, devises, and bequests of real, personal, and mixed property of every kind and character; to lease, manage, and otherwise administer such property for the use, benefit, and behalf of the public school system of Georgia; and to accept on behalf of the state any funds which may be now or hereafter provided for, or be, or hereafter become available or allotted to the state by virtue of any appropriation by Congress or under any governmental regulation, order, or declaration of policy for either vocational or other educational purposes conducted either in or out of school, in connection with, or as an incident of, any program of vocational education now or hereafter established as essential to national defense either for industrial or agricultural occupations, and whether as part of a federal or a state program or a combination of both, in furtherance of vocational educational objectives generally. The state board is authorized to acquire and hold title for and on behalf of the state for the benefit of the public school system thereof any equipment or supplies, both permanent and expendable, that may be necessary for such purposes; to act as the contracting agent therefor and the custodian thereof; to delegate, in whole or in part, any function or activity enumerated or contemplated under this Code section; to contract with and cooperate with any department, agency, or instrumentality, either of the state or of the United States in any manner which shall be requisite or incident to this Code section and which in the judgment of the state board may be deemed proper for the carrying into effect of the purposes of this article; and to use so much of the public school fund or other funds appropriated by the General Assembly as may be necessary to match any such federal aid or to meet the terms of any past, present, or future grant to the state or any local school unit whereby the state or any local school unit, respectively, may be enabled to derive full advantage of the benefits thereof to the state as contemplated under the terms and provisions of any such grant for educational purposes.
2. The State Board of Education is authorized to transfer any donation, gift, devise, or bequest of real, personal, or mixed property of any kind and character held in trust by the state board to the Georgia Foundation for Public Education to be managed and otherwise administered by such foundation. This subsection shall apply to any donation, gift, devise, or bequest of real, personal, or mixed property of any kind and character held in trust by the state board pursuant to Paragraph I(c), Section II, Article VIII of the Georgia Constitution, subsection (a) of this Code section, or Code Section 20-2-18.

History. Ga. L. 1937, p. 864, § 4; Ga. L. 1941, p. 568, § 1; Ga. L. 2013, p. 769, § 1/HB 116.

Cross references.

Acceptance of bequests, donations, by State Board of Education, Ga. Const. 1983, Art. VIII, Sec. II, Para. I.

Acceptance of bequests, donations, by local boards of education, Ga. Const. 1983, Art. VIII, Sec. V, Para. VI.

Administrative rules and regulations.

Grant programs, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Subject 160-1-4.

20-2-14.1. Georgia Foundation for Public Education; authorization to accept transfers of certain property held in trust by State Board of Education; authorization for nonprofit corporation; authorization to receive donations from taxpayers; requirements; annual report.

1. There is established the Georgia Foundation for Public Education existing as a public corporation and instrumentality of the state, exclusively limited to the following charitable and public purposes and powers:
   1. To solicit and accept contributions of money and in-kind contributions of services and property for the purpose of supporting educational excellence in Georgia;
   2. To solicit and accept contributions of money and in-kind contributions of services and property for the purpose of supporting educational excellence at Georgia Academy for the Blind, Georgia School for the Deaf, and Atlanta Area School for the Deaf;
   3. To accept transfer of any donation, gift, devise, or bequest of real, personal, or mixed property of any kind and character held in trust by the State Board of Education to manage and otherwise administer. This paragraph shall apply to any donation, gift, devise, or bequest of real, personal, or mixed property of any kind and character held in trust by the state board pursuant to Article VIII, Section II, Paragraph I(c) of the Georgia Constitution, subsection (a) of Code Section 20-2-14, or Code Section 20-2-18;
   4. To sell and dispose of contributed property and securities in accordance with the prudent person rule;
   5. To make and disburse contributions to the department and others for such purposes;
   6. To contract and be contracted with for purposes of the foundation; and
   7. To seek recognition of tax exempt status by the United States Internal Revenue Service and to seek confirmation concerning the deductibility of contributions.
2. The Georgia Foundation for Public Education shall be attached to the department for administrative purposes. The Attorney General shall be the attorney for the foundation. The State School Superintendent may solicit and accept contributions from the foundation. The department may cooperate and contract with the foundation for their mutual benefit and authorize others to do so. Upon any dissolution of the foundation, its assets shall devolve in trust to the State Board of Education or its successor for use only for the benefit of the department, the schools listed in paragraph (2) of subsection (a) of this Code section, and schools that meet the criteria provided in paragraph (1) of subsection (g.1) of this Code section.
3. The incorporation of the foundation and the execution of its corporate purposes shall be in all respects for the benefit of the people of this state and constitute a public and charitable purpose. Further, the foundation performs an essential governmental function in the exercise of the powers conferred upon it by this Code section. Accordingly, the foundation shall not be subject to taxation or assessment in any manner, including without limitation taxation or assessment upon any transaction, income, money, or other property or activity. The exemptions granted by this Code section shall not be extended to any private person or entity.
4. 1. The foundation shall be governed by a board of directors composed of at least five members as determined by the State School Superintendent. Members of the board of directors shall be appointed by either the State School Superintendent or the State Board of Education. For every three board members appointed by the State School Superintendent, the State Board of Education may appoint two board members. At least two members of the board of directors appointed by the State Board of Education shall represent the interests of students who are blind or deaf. The chairperson of the Budget and Finance Committee of the State Board of Education, or such committee’s successor, shall be an ex officio member of the foundation board of directors. The foundation board of directors shall draft and adopt governance bylaws, subject to approval by the State School Superintendent.
   2. The foundation shall have complete discretion to invest any and all assets as it sees fit in accordance with the prudent person rule, and at no time shall the assets of the foundation be considered assets of the state.
   3. The foundation shall not be subject to state purchasing laws, as contained in Article 3 of Chapter 5 of Title 50 or in other provisions of this Code, or required to dispose of property in accordance with Article 4 of Chapter 5 of Title 50.
   4. The foundation shall be authorized to purchase insurance as provided by Code Section 50-5-16.
   5. The foundation shall have the authority to roll over any unused funds into the next fiscal year.
5. The foundation’s operations shall not be subject to Article 1 of Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
6. The foundation shall be deemed to be a charitable organization for purposes of voluntary contributions from state employees pursuant to Article 3 of Chapter 20 of Title 45.
7. 1. The foundation shall have the power and authority to incorporate a nonprofit corporation that could qualify as a public foundation under Section 501(c)(3) of the Internal Revenue Code to aid the foundation in carrying out any of its powers and in accomplishing any of its purposes. Any nonprofit corporation incorporated pursuant to this power shall be incorporated pursuant to Chapter 3 of Title 14, the “Georgia Nonprofit Corporation Code,” and the Secretary of State shall be authorized to accept such filing.
   2. Any nonprofit corporation incorporated pursuant to this Code section shall be subject to the following provisions:
      1. In accordance with the Constitution of Georgia, no governmental functions or regulatory powers shall be conducted by any such nonprofit corporation;
      2. Upon dissolution of any such nonprofit corporation incorporated by the foundation, any assets shall revert to the foundation or to any successor to the foundation or, failing such succession, to the State of Georgia;
      3. As used in this paragraph, the term “direct employee costs” means salary, benefits, and travel expenses. To avoid the appearance of undue influence on regulatory functions by donors, no more than a combined total of 10 percent of donations to any such nonprofit corporation from private sources, or from taxpayers pursuant to Code Section 48-7-29.21, shall be used for direct employee costs of the foundation;
      4. Any such nonprofit corporation shall be subject to all laws relating to open meetings and the inspection of public records;
      5. The foundation shall not be liable for the action or omission to act of any such nonprofit corporation;
      6. No debts, bonds, notes, or other obligations incurred by any such nonprofit corporation shall constitute an indebtedness or obligation of the State of Georgia nor shall any act of any such nonprofit corporation constitute or result in the creation of an indebtedness of the state. No holder or holders of any such bonds, notes, or other obligations shall ever have the right to compel any exercise of the taxing power of the state nor to enforce the payment thereof against the state; and
      7. Any nonprofit corporation incorporated pursuant to this Code section shall not acquire or hold a fee simple interest in real property by any method, including but not limited to gift, purchase, condemnation, devise, court order, and exchange.

         The Department of Revenue shall post on its website the information received pursuant to subparagraphs (A) through (C) of this paragraph.

   3. Except for the information reported pursuant to subparagraphs (A) through (C) of paragraph (2) of this subsection, all information or reports provided by this nonprofit corporation to the Department of Revenue shall be confidential taxpayer information, governed by Code Sections 48-2-15, 48-7-60, and 48-7-61, whether it relates to the donor or the nonprofit corporation.

   (g.1) (1) Effective January 1, 2022, a nonprofit corporation incorporated by the foundation pursuant to this Code section shall be authorized to receive donations from taxpayers pursuant to Code Section 48-7-29.21 for the purpose of awarding grants to public schools for the implementation of academic and organizational innovations to improve student achievement, with priority given to schools that have performed in the lowest 5 percent of schools in this state identified in accordance with the state-wide accountability system established in the state plan pursuant to the federal Every Student Succeeds Act, and for the dissemination of information regarding successful innovations to other public schools in this state. Funds received by the nonprofit corporation for such purpose may be awarded through a competitive grant process administered by the foundation. The criteria for awarding such grants shall include the potential to which the innovation is likely to result in the proposed improvement, the potential for widespread adoption of such innovation by other public schools in the state, the quality of the proposed project design, the reasonableness of the costs involved in conducting the project, and such other criteria which the foundation may deem appropriate and necessary. The General Assembly may appropriate funds for purposes of this nonprofit corporation beginning in Fiscal Year 2022.

8. 1. Members of the board of directors of the foundation may also serve on the board of any nonprofit corporation incorporated pursuant to this Code section without regard to the prohibition set forth in Code Section 45-10-23 or any other similar prohibition.
   2. Members and former members of the board of directors for the Public Education Innovation Fund Foundation, incorporated pursuant to Code Section 20-14-26.1, may be considered by the foundation for membership on the board of directors of the nonprofit corporation provided for in subsection (g.1) of this Code section.
9. Any nonprofit corporation incorporated pursuant to this Code section shall make and provide an annual report that shall, except as otherwise provided in subsection (g.1) of this Code section, show the identity of all donors and the amount each person or entity donated as well as all expenditures or other disposal of money or property donated. A copy of such annual report shall be provided to the Governor, the Lieutenant Governor, and the chairpersons of the House Committee on Education and the Senate Education and Youth Committee.

(2) Such nonprofit corporation shall report to the Department of Revenue, on a form provided by the Department of Revenue, by January 12 of each tax year the following:

(A) The total number and dollar value of donations and tax credits approved. Individual contributions shall include contributions made by those filing income tax returns as a single individual or head of household and those filing joint returns;

(B) The total number and dollar value of corporate donations and tax credits approved;

(C) The total number and dollar value of grants awarded to public schools; and

(D) A list of donors, including the dollar value of each donation and the dollar value of each approved tax credit.

History. Code 1981, § 20-2-14.1 , enacted by Ga. L. 2010, p. 411, § 1/SB 427; Ga. L. 2013, p. 769, § 2/HB 116; Ga. L. 2019, p. 316, § 1/HB 130; Ga. L. 2021, p. 248, § 1/SB 66; Ga. L. 2022, p. 352, § 20/HB 1428.

The 2019 amendment, effective July 1, 2019, substituted “Article VIII, Section II, Paragraph I(c) of the Georgia Constitution” for “Paragraph I(c), Section II, Article VIII of the Georgia Constitution” in the last sentence of paragraph (a)(3) and added subsections (g), (h), and (i).

The 2021 amendment, effective July 1, 2021, substituted “incorporated” for “created” throughout this Code section; substituted “department, the schools listed in paragraph (2) of subsection (a) of this Code section, and schools that meet the criteria provided in subparagraph (g.1)(1) of this Code section” for “department and the schools listed in paragraph (2) of subsection (a) of this Code section” in the last sentence of subsection (b); substituted “incorporation” for “creation” near the beginning of the first sentence of subsection (c); substituted “at least five members” for “between five and 15 members” in the first sentence of paragraph (d)(1); rewrote subsection (g); added subsection (g.1); redesignated subsection (h) as paragraph (h)(1) and added paragraph (h)(2); and, in subsection (i), substituted “that shall, except as otherwise provided in subsection (g.1) of this Code section, show” for “showing the” in the first sentence, and inserted “Governor, the Lieutenant Governor, and the” in the second sentence.

The 2022 amendment, effective May 2, 2022, part of an Act to revise, modernize, and correct the Code, substituted “paragraph (1) of subsection (g.1)” for “subparagraph (g.1)(1)” in subsection (b).

Law reviews.

For annual survey of law on administrative law, see 62 Mercer L. Rev. 1 (2010).

20-2-15. Acceptance of federal and other aid to educational television.

The State Board of Education is authorized and is designated the proper state agency to receive all federal funds and any other funds that may be appropriated, granted, or otherwise made available to the state for educational television purposes at all levels of education and shall, after receipt of such funds, use, allot, or distribute them in accordance with the intent, terms, and conditions of such appropriations and grants.

History. Ga. L. 1963, p. 431, § 2.

Cross references.

Acceptance of bequests, donations, by State Board of Education, Ga. Const. 1983, Art. VIII, Sec. II, Para. I; Ga. Const. 1983, Art. VIII, Sec. IV, Para. I(e).

Acceptance of bequests, donations, grants, and transfers by local boards of education, Ga. Const. 1983, Art. VIII, Sec. V, Para. VI.

20-2-16. Acceptance and allotment of federal aid and other funds for school construction; determining needs; planning financing; building code; safety inspections and recommendations.

1. The State Board of Education is authorized to receive any federal funds or any other funds made available to it for schoolhouse construction or improvement of the schools under its jurisdiction and to allot such funds to the boards of education of county and independent school systems under such rules and regulations as may be adopted by the state board, subject to such limitations as may be imposed in the grant or appropriation of such funds.
2. In order to assist the boards of education of county and independent school systems, upon their request, the state board is authorized to make comprehensive studies to determine the need for and the location of public school buildings, to determine the safety and educational requirements of public school buildings, to plan the methods of financing the cost of constructing and equipping such buildings, and to establish a code of school building practices and standards.
3. The state board is authorized to inspect any public school building and, if such building is found to be dangerous to the lives or health of the pupils, to notify the county or independent board of education in writing of the unsafe or unhealthful conditions revealed, including in the notification specific suggestions for the correction of such unsafe or unhealthful conditions.

History. Ga. L. 1945, p. 200, §§ 1-3.

Cross references.

Standards and requirements for construction of buildings and other structures generally, T. 8, C. 2.

20-2-17. Lease of state property to local school boards.

The Department of Education, on behalf of the state, may lease for periods up to four years any state-owned property in its control and held for its use to county school boards, city school boards, or other like agencies in the state having the power to operate and regulate any public school in the state, provided that any such property so leased shall be used by the lessee only for administrative, maintenance, warehouse, or storage purposes.

History. Ga. L. 1961, p. 472, § 1.

20-2-18. Continuation of trusts for institutions for blind and deaf; board to be trustee.

Any trust fund or property, real, personal, or mixed, specifically including the “Pupils’ Trust Fund” pertaining to the Georgia Academy for the Blind, that may have been created by will or otherwise as a fund or gift or donation or devise to any board of trustees of the Georgia Academy for the Blind or the Georgia School for the Deaf or the Atlanta Area School for the Deaf, or to any executor or trustee to and for the use, benefit, or on behalf of any such institution, shall not lapse but shall remain valid and of full force and effect; and such beneficial interest under any such deed or gift or will or other conveyance shall vest in the State Board of Education as trustee to and for the use, benefit, and on behalf of the institution intended to be benefited by the gift, devise, or other conveyance in its favor. In any case in which any deed or gift or will or other conveyance for the use or benefit of the Academy for the Blind or the schools for the deaf requires a trustee and no trustee shall exist, the state board shall be and become a substituted trustee to carry out the beneficial purposes of such gift, devise, or conveyance.

History. Ga. L. 1943, p. 230, § 1; Ga. L. 1980, p. 645, § 7.

20-2-19. Receipt and review of asbestos management plans by State Board of Education; disapproval of plans; funding; regulation; accreditation; effect on other powers of board.

1. The Governor may designate the State Board of Education to receive and review asbestos management plans of local boards of education and of owners of private, nonprofit elementary and secondary school buildings, as provided in the federal Asbestos Hazard Emergency Response Act of 1986, 100 Stat. 2970, P.L. 99-519, amending P.L. 99-469, hereinafter referred to as “AHERA.” Any such designation by the Governor prior to March 31, 1988, is ratified and affirmed and shall have effect from the date thereof.
2. The State Board of Education may receive and disapprove such plans upon the grounds stated in and as provided in AHERA.
3. The State Board of Education may apply for, accept, and disburse federal funds to local boards of education and to owners of private, nonprofit elementary and secondary school buildings for activities involving the preparation and implementation of asbestos management plans. The State Board of Education may apply for, accept, and utilize federal funds for its activities under this Code section, including the training and accreditation of staff.
4. The State Board of Education shall prescribe such policies, rules, regulations, and standards as it deems appropriate to carry out purposes of AHERA.
5. The State Board of Education shall have the authority to adopt an accreditation program and accredit persons who inspect and prepare management plans and conduct response activities for local units of administration, as defined by AHERA.
6. The powers bestowed by this Code section shall be cumulative of other powers of the State Board of Education and shall not diminish them in any way. This Code section shall not be construed to diminish the powers of any other state agency or instrumentality.

History. Code 1981, § 20-2-19 , enacted by Ga. L. 1988, p. 612, § 1.

Cross references.

Georgia Asbestos Safety Act, T. 12, C. 12.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1992, “March 31, 1988,” was substituted for “the effective date of this Code section” in the second sentence of subsection (a).

U.S. Code.

The federal Asbestos Hazard Emergency Response Act of 1986, referred to in this Code section, is codified primarily at 15 U.S.C. § 2641 et seq.

20-2-20. Regional offices authorized; employees.

The State Board of Education is authorized to establish regional offices of the Department of Education, subject to appropriation by the General Assembly. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service areas of regional educational service agencies as provided for in Code Section 20-2-270 and may include more than one regional educational service agency. All employees of such regional offices shall be employees of the Department of Education.

History. Code 1981, § 20-2-20 , enacted by Ga. L. 2000, p. 618, § 5.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-30. Election; office; forms, blanks, and instructions for subordinate officials; appeal of decisions to State Board of Education.

The State School Superintendent shall be elected by the persons qualified to vote for members of the General Assembly at the same time and in the same manner and for the same term as the Governor is elected. A suitable office shall be furnished him at the seat of government. He shall prescribe suitable forms for the reports required of subordinate school officers and blanks for their guidance in transacting their official business and shall from time to time prepare and transmit to them such instructions as he may deem necessary for the faithful and efficient execution of the school laws; and by what is thus communicated to them they shall be bound to govern themselves in the discharge of their official duties, provided there shall always be an appeal from the State School Superintendent to the State Board of Education.

History. Ga. L. 1919, p. 288, § 54; Code 1933, § 32-501; Ga. L. 1972, p. 1015, § 1002.

Cross references.

Delegation of authority by state board, § 20-2-11 .

20-2-31. Qualifications.

To render a person eligible to hold the office of State School Superintendent, he or she shall hold a four-year degree from an accredited college or university. No person who has been convicted of any crime involving moral turpitude shall be eligible to hold the office of State School Superintendent.

History. Ga. L. 1919, p. 288, § 55; Code 1933, § 32-502; Ga. L. 1963, p. 510, § 1; Ga. L. 1987, p. 3, § 20; Ga. L. 1997, p. 690, § 1.

Cross references.

Qualifications generally, Ga. Const. 1983, Art. V, Sec. III, Para. II.

20-2-32. Bond; oath.

Upon entering upon the discharge of his official duties, the State School Superintendent shall give bond in the penal sum of $50,000.00 to the state, with some approved surety company which shall be acceptable to the Secretary of State, conditioned that he will truly account for and apply all money or other property which may come into his hands in his official capacity for the use and benefit of the purposes for which it is intended and that he will faithfully perform the duties enjoined upon him by law. He shall take and subscribe an oath to discharge the duties of his office diligently and faithfully. The bond, with certified endorsement thereon, shall be filed with the Secretary of State, and the premium charged for such bond shall be paid out of the state treasury.

History. Ga. L. 1919, p. 288, § 56; Code 1933, § 32-503; Ga. L. 1964, p. 677, § 1.

Cross references.

Official bonds generally, T. 45, C. 4.

20-2-33. Compensation and expenses.

The State School Superintendent shall be compensated as provided in Code Sections 45-7-3 and 45-7-4. He shall also be reimbursed for his expenses incurred in connection with the official duties of his office as provided in Code Section 45-7-21.

History. Ga. L. 1919, p. 288, § 66; Ga. L. 1931, p. 7, § 96; Code 1933, § 32-510; Ga. L. 1937, p. 864, § 5; Ga. L. 1941, p. 573, § 1; Ga. L. 1943, p. 639, § 1; Ga. L. 1947, p. 673, § 1; Ga. L. 1953, Jan.-Feb. Sess., p. 613, § 1; Ga. L. 1960, p. 1184, § 1; Code 1933, § 32-510, enacted by Ga. L. 1966, p. 394, § 1; Ga. L. 1970, p. 116, § 1; Ga. L. 1973, p. 701, §§ 1-3; Ga. L. 1978, p. 4, §§ 1-3.

20-2-34. Recommendations to State Board of Education; suspension of county school superintendents; appeal.

The State School Superintendent shall carry out and enforce all the rules and regulations of the State Board of Education and the laws governing the schools receiving state aid; he shall from time to time make such recommendations to the state board as may affect the welfare and efficiency of the public schools. He shall have authority to suspend a county school superintendent for incompetency, willful neglect of duty, misconduct, immorality, or the commission of any crime involving moral turpitude, provided that all of his acts in this matter shall be subject to the approval of the state board and the party so suspended may appeal his case to the state board, whose decision shall be final.

History. Ga. L. 1919, p. 288, § 58; Code 1933, § 32-505; Ga. L. 1982, p. 3, § 20; Ga. L. 1992, p. 6, § 20.

20-2-35. Duty to visit counties.

It shall be the duty of the State School Superintendent to visit, as often as possible, the several counties for the purpose of examining into the administration of the school law, counseling with school officers, delivering public addresses, inspecting school operations, and doing such other acts as he may deem in the interest of public education.

History. Ga. L. 1919, p. 288, § 59; Code 1933, § 32-506.

20-2-36. Duty in case of misapplication of state funds.

In the event of a misapplication of any of the funds apportioned to any of the institutions of learning or schools receiving state aid, the State School Superintendent shall at once proceed to recover such funds by the institution of proper proceedings in the courts after demand to settle the matter is made upon the party misapplying the funds.

History. Ga. L. 1919, p. 288, § 60; Code 1933, § 32-507.

Cross references.

Accounting for public funds generally, T. 45, C. 8.

20-2-49. Standards for local board of education members.

The General Assembly finds that local boards of education play a critical role in setting the policies that lead to the operation and success of local school systems. School board members hold special roles as trustees of public funds, including local, state, and federal funds, while they focus on the singular objective of ensuring each student in the local school system receives a quality basic education. Board duties require specialized skills and training in the performance of vision setting, policy making, approving multimillion dollar budgets, financial management, and hiring a qualified superintendent. The motivation to serve as a member of a local board of education should be the improvement of schools and academic achievement of all students. Service on a local board of education is important citizen service. Given the specialized nature and unique role of membership on a local board of education, this elected office should be characterized and treated differently from other elected offices where the primary duty is independently to represent constituent views. Local board of education members should abide by a code of conduct and conflict of interest policy modeled for their unique roles and responsibilities. And although there are many measures of the success of a local board of education, one is clearly essential: maintaining accreditation and the opportunities it allows the school system’s students.

History. Code 1981, § 20-2-49 , enacted by Ga. L. 2010, p. 452, § 1/SB 84; Ga. L. 2020, p. 62, § 1-1/SB 68.

The 2020 amendment, effective July 1, 2021, inserted “financial management,” in the third sentence.

20-2-50. County school districts; county board for each county.

Each county of this state, exclusive of any independent school system in existence in a county, shall compose one school district and shall be confined to the control and management of a county board of education, except to the extent that area school systems are created pursuant to Article VIII, Section V, Paragraph I of the Constitution of Georgia.

History. Ga. L. 1919, p. 288, §§ 76, 117; Code 1933, §§ 32-901, 32-1101; Ga. L. 1946, p. 206, § 8; Ga. L. 1983, p. 3, § 53.

Cross references.

Consolidation of independent and county school systems, § 20-2-370 et seq.

Law reviews.

For survey article on local government law, see 34 Mercer L. Rev. 225 (1982).

20-2-51. Election of local board of education members; persons ineligible to be members or superintendent; ineligibility for local boards of education; ineligibility for other elective offices.

1. No person shall be eligible for election as a member of a local board of education who is not a resident of the school district in which that person seeks election and of the election district which such person seeks to represent. Whenever there is in a portion of any county a local school system having a board of education of its own, receiving its pro rata of the public school fund directly from the State School Superintendent and having no dealings whatever with the local board, then the members of the board of such county shall be selected from that portion of the county not embraced within the territory covered by such local system.
2. Whenever a member of a local board of education moves that person’s domicile from the district which that person represents, such person shall cease to be a member of such local board of education, and a vacancy shall occur. The member shall provide notice of such move to the secretary of the local board of education and the election superintendent within ten days of such move.
3. 1. No person serving on the governing body of a private elementary or secondary educational institution shall be eligible to serve as a member of a local board of education.
   2. No person employed by a local board of education shall be eligible to serve as a member of that board of education.
   3. No person employed by the Department of Education or serving as a member of the State Board of Education shall be eligible to serve as a member of a local board of education.
   4. 1. No person who has an immediate family member sitting on a local board of education or serving as the local school superintendent or as a principal, assistant principal, or system administrative staff in the local school system shall be eligible to serve as a member of such local board of education. As used in this paragraph, the term “immediate family member” means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent whose employment as the local school superintendent or as a principal, assistant principal, or system administrative staff in the local school system began on or after January 1, 2010. This paragraph shall apply only to local board of education members elected or appointed on or after July 1, 2009. Nothing in this Code section shall affect the employment of any person who is employed by a local school system on or before July 1, 2009, or who is employed by a local school system when an immediate family member becomes a local board of education member for that school system.
      2. Notwithstanding subsection (b) of Code Section 20-2-244, in local school systems in which the initial fall enrollment count conducted in 2009 pursuant to Code Section 20-2-160 does not exceed a full-time equivalent count of 2,800, the State Board of Education shall be authorized to waive this paragraph upon the request of a local board of education or an individual attempting to qualify to run for local board of education member and in accordance with the provisions of subsections (d) and (e) of Code Section 20-2-244; provided, however, that prior to submitting any such request, the local board of education shall, upon its own initiative, or at the request of such individual attempting to qualify to run for local board of education member:
         1. Provide 30 days’ notice of the individual’s intent to run for office; and
         2. Conduct a public hearing for the purpose of providing an opportunity for full discussion and public input on the issue of potential nepotism problems and other concerns with regard to such waiver. The public hearing shall be advertised at least seven days prior to the date of such hearing in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised. The public hearing may be conducted in conjunction with a regular or called meeting of the local board or may be conducted independently, at the local board’s discretion.

            The cost of such notice and public hearing shall be borne by the local board. The State Board of Education shall approve or deny a waiver request no later than 45 days after receipt of such waiver request, taking into consideration whether the benefit to the public would justify approval of the waiver. An approved waiver must be received by the local election superintendent prior to an individual’s filing of a declaration or notice of candidacy in accordance with Article 4 of Chapter 2 of Title 21.

4. Reserved.
5. In addition to any other requirements provided by law, no person shall be eligible for election as a member of a local board of education unless he or she:
   1. Has read and understands the code of ethics and the conflict of interest provisions applicable to members of local boards of education and has agreed to abide by them;
   2. Has agreed to annually disclose compliance with the State Board of Education’s policy on training for members of local boards of education, the code of ethics of the local board of education, and the conflict of interest provisions applicable to members of local boards of education; and
   3. Has completed all prior annual training requirements established by the local board of education and the State Board of Education pursuant to Code Section 20-2-230 if such person is eligible for reelection as a member of the local board of education.

      Each person offering his or her candidacy for election as a member of a local board of education shall file an affidavit with the officer before whom such person has qualified for such election prior to or at the time of qualifying, which affidavit shall affirm that he or she meets all of the qualifications required pursuant to this subsection. This subsection shall apply only to local board of education members elected or appointed on or after July 1, 2010.

6. No person who is on the National Sex Offender Registry or the state sexual offender registry shall be eligible for election to or service on a local board of education.

History. Ga. L. 1919, p. 288, § 77; Code 1933, § 32-902; Ga. L. 1953, Nov.-Dec. Sess., p. 334, § 1; Code 1933, § 32-903.1, enacted by Ga. L. 1972, p. 236, §§ 1, 2; Code 1933, § 32-903.2, enacted by Ga. L. 1975, p. 828, § 1; Ga. L. 1981, p. 602, § 1; Ga. L. 1981, p. 1549, §§ 1, 2; Ga. L. 1982, p. 2107, § 17; Ga. L. 1983, p. 3, §§ 16, 53; Ga. L. 1984, p. 22, § 20; Ga. L. 1989, p. 425, § 1; Ga. L. 1992, p. 2339, § 1; Ga. L. 1993, p. 1279, § 1; Ga. L. 2009, p. 367, § 1/SB 14; Ga. L. 2009, p. 782, § 2/HB 251; Ga. L. 2010, p. 452, § 2/SB 84; Ga. L. 2011, p. 752, § 20/HB 142; Ga. L. 2015, p. 1376, § 1/HB 502; Ga. L. 2020, p. 62, § 1-2/SB 68; Ga. L. 2021, p. 922, § 20/HB 497.

The 2015 amendment, effective July 1, 2015, substituted “Reserved” for the former provisions of subsection (d), which read: “In all counties of this state having a population of not less than 500,000 or more than 600,000 according to the United States decennial census of 1990 or any future such census, the members of the county boards of education taking office after December 1, 1975, shall not hold any other elective governmental office. If any member of any such board should qualify at any time after December 1, 1975, for nomination or election to any other elective governmental office other than for membership on such county board, such member’s position on such county board shall thereby become vacant. Such vacancy shall be filled as provided by the law applicable to any such county board.”

The 2020 amendment, effective July 1, 2021, deleted “and” at the end of (e)(1), substituted “; and” for the period at the end of paragraph (e)(2), and added paragraph (e)(3).

The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “education” for “educa?tion” in subparagraph (c)(4)(B).

Law reviews.

For survey article citing developments in Georgia local government law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 187 (1981).

20-2-52. Term of office; number of members; staggering of terms.

1. Effective January 1, 2012, members of local boards of education shall be elected for terms of not less than four years, provided that longer terms of office may be provided by local Act or constitutional amendment.
2. 1. Each local board of education shall have no more than seven members as provided by local Act.
   2. This subsection shall not apply to a local board of education whose board size exceeds seven members as provided by local constitutional amendment or federal court order or pursuant to a local law in effect prior to July 1, 2010; provided, however, that if the local law of any such local board of education is amended to revise the number of members on such board, paragraph (1) of this subsection shall apply.
3. Members of local boards of education in office on July 1, 2011, who are serving terms of office of less than four years shall serve until December 31, 2012, and until their respective successors are elected and qualified. Members elected in 2011 shall serve until December 31, 2014, and until their respective successors are elected and qualified. Successors to all such members shall be elected to serve four-year terms of office and until their respective successors are elected and qualified.
4. The General Assembly, by local law, may provide for staggered terms of office and term limits for such offices. On and after January 1, 2015, the General Assembly by local law may provide for terms of less than four years for members of local boards of education.

History. Ga. L. 1919, p. 288, § 78; Code 1933, § 32-903; Ga. L. 1965, p. 124, § 1; Ga. L. 1992, p. 6, § 20; Ga. L. 1993, p. 1279, § 2; Ga. L. 2010, p. 452, § 3/SB 84; Ga. L. 2011, p. 26, § 1/SB 79.

Editor’s notes.

Ga. L. 2011, p. 26, § 4/SB 79, not codified by the General Assembly, provides: “If a local school system or school is placed on the level of accreditation immediately preceding loss of accreditation on or after July 1, 2010, but prior to the effective date of this Act, local board of education members elected or appointed on or after July 1, 2010, but prior to the effective date of this Act shall be subject to the provisions of Code Section 20-2-73 as they existed on the day prior to April 20, 2011.” This Act became effective April 20, 2011.

Ga. L. 2011, p. 26, § 5/SB 79, not codified by the General Assembly, provides: “The Attorney General of Georgia shall cause Section 3 of this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or becomes law without such approval.” The Governor approved this Act on April 20, 2011.

20-2-52.1. Composition and election of county boards of education in counties in which there is a homestead option sales and use tax and a county sales and use tax for educational purposes; terms of service.

1. On and after January 1, 2015, in counties in which there is being collected a homestead option sales and use tax pursuant to Article 2A of Chapter 8 of Title 48 and a county sales and use tax for educational purposes pursuant to Part 2 of Article 3 of Chapter 8 of Title 48 and the county board of education consists of more than seven members, such county boards of education shall comply with this Code section. Such county boards of education shall consist of seven members elected from separate single-member districts of approximately equal population. The number of members may be reduced to less than seven members by local legislation, but such members shall be elected from separate single-member districts of approximately equal population.
2. Unless otherwise provided by local law, such county boards of education shall select from among their membership a chairperson and vice chairperson at the first meeting of each odd-numbered year.
3. Unless otherwise provided by local law, such county boards of education shall serve staggered, four-year terms of office.
4. In the event that a local law is not enacted prior to the qualifying period for the 2014 elections to conform the provisions of law regarding boards of education subject to this Code section to the size requirements of this Code section and if the election structure of such local board of education contains a plan for seven members from separate single-member districts encompassing all of the school district in addition to any other election provisions, then on January 1, 2015, the board of education shall consist only of seven members elected from such separate single-member districts and all other positions in excess of those seven shall be eliminated. In such case, those persons serving from odd-numbered districts shall serve for an initial term of two years and until their respective successors are elected and qualified. Those persons serving from even-numbered districts shall serve for an initial term of four years and until their respective successors are elected and qualified. Thereafter, successors to such members shall be elected at the general election immediately prior to the end of their respective terms of office to take office on January 1 immediately following such election for terms of four years and until their respective successors are elected and qualified. After January 1, 2015, the composition of such districts, number of districts, and staggering of terms may be changed by local law consistent with the provisions of this Code section, but shall not be changed prior to such date.

History. Code 1981, § 20-2-52.1 , enacted by Ga. L. 2011, p. 26, § 2/SB 79; Ga. L. 2012, p. 1133, § 1/SB 412; Ga. L. 2014, p. 11, § 1/HB 979.

The 2014 amendment, effective February 26, 2014, in subsection (a), inserted “separate” preceding “single-member” in the second and third sentences; and added subsection (d).

Editor’s notes.

Ga. L. 2011, p. 26, § 4/SB 79, not codified by the General Assembly, provides: “If a local school system or school is placed on the level of accreditation immediately preceding loss of accreditation on or after July 1, 2010, but prior to the effective date of this Act, local board of education members elected or appointed on or after July 1, 2010, but prior to the effective date of this Act shall be subject to the provisions of Code Section 20-2-73 as they existed on the day prior to April 20, 2011.” This Act became effective April 20, 2011.

Ga. L. 2011, p. 26, § 5/SB 79, not codified by the General Assembly, provides: “The Attorney General of Georgia shall cause Section 3 of this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or becomes law without such approval.” The Governor approved this Act on April 20, 2011.

20-2-53. Certifying election or appointment of county board members.

In addition to certifications of elections now required to be made to the Governor, it shall be the duty of the elections superintendent of each system or other political subdivision to transmit to the Secretary of State and to the State School Superintendent a certified statement of the election of members of a local board of education. Where board members are appointed under any law to fill vacancies, it shall be the duty of the local superintendent of schools to certify these appointments to the Secretary of State, the State School Superintendent, and to the Governor. All resignations from such boards, in addition to being submitted to the Governor, shall be submitted to the local superintendent of schools and a copy thereof shall be transmitted to the Secretary of State and to the State School Superintendent.

History. Ga. L. 1919, p. 288, § 80; Code 1933, § 32-905; Ga. L. 1982, p. 1175, § 1; Ga. L. 1983, p. 3, § 16; Ga. L. 1993, p. 1279, § 3.

20-2-54. [Reserved] Resignation of member of county board or superintendent.

History. Ga. L. 1919, p. 288, § 81; Code 1933, § 32-906; and Ga. L. 1981, p. 643, § 1; repealed by Ga. L. 1986, p. 996, § 3, effective July 1, 1986.

Editor’s notes.

Ga. L. 2014, p. 866, § 20(2)/SB 340, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, reserved the designation of this Code section.

20-2-54.1. Procedure for filling vacancies on local boards.

1. In all instances where local laws applicable to local boards of education do not provide otherwise, a vacancy occurring for any reason on a local board of education shall be filled as follows:
   1. If the vacancy occurs more than 90 days prior to the date of a general election preceding the general election at which a successor will be elected to a new full term of office, then such vacancy shall be filled for the unexpired term of office at a special election to be held on the same date as said general election preceding the general election at which a successor will be elected to a new full term of office; and in this case the remaining members of the board of education shall, by majority vote, select a qualified person to fill the vacancy until the person elected at such special election takes office; and
   2. If the vacancy does not occur more than 90 days prior to the date of a general election preceding the general election at which a successor will be elected to a new full term of office, then the remaining members of the local board of education shall, by majority vote, select a qualified person to serve for the remainder of the unexpired term.
2. Any person elected or appointed to fill a vacancy pursuant to subsection (a) of this Code section shall possess the same qualifications required for election to a full term of office as provided by law applicable to the office wherein the vacancy occurred. As applied to special elections under paragraph (1) of subsection (a) of this Code section, if the office wherein the vacancy occurred is filled by election of voters within a portion of the local school district, then the special election shall be held within that portion of the local school district, but if the office wherein the vacancy occurred is filled by the voters within the entire school district, then the special election shall be held within the entire school district.

History. Code 1981, § 20-2-54.1 , enacted by Ga. L. 1984, p. 641, § 1; Ga. L. 1985, p. 149, § 20; Ga. L. 1990, p. 1261, § 1; Ga. L. 1991, p. 94, § 20; Ga. L. 1993, p. 1279, § 4.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1993, “paragraph (1) of subsection (a)” was substituted for “subparagraph (a)(1)(A)” in the second sentence of subsection (b).

20-2-55. Per diem, insurance, and expenses of local board members.

1. 1. In any local school system for which no local Act is passed, members of the local board of education shall, when approved by the local board affected, receive a per diem of $50.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith; provided, however, that in any independent school system with a full-time equivalent (FTE) program count of less than 4,000 students for which no local Act is passed, members of the local board of education may, when approved by the affected local board, receive a per diem of not less than $50.00 and not more than $100.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board, plus reimbursement for actual expenses. The accounts for such service and expenses shall be submitted for approval to the local school superintendent. In all school districts, the compensation of members of local boards shall be paid only from the local tax funds available to local boards for educational purposes. This paragraph shall apply only to local board of education members elected or appointed prior to July 1, 2010.
   2. In any local school system for which no local Act is passed, members of the local board of education shall, when approved by the local board affected, receive a per diem of $50.00 for each day of attendance at a meeting, as defined in paragraph (3) of subsection (a) of Code Section 50-14-1, of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith; provided, however, that in any independent school system with a full-time equivalent (FTE) program count of less than 4,000 students for which no local Act is passed, members of the local board of education may, when approved by the affected local board, receive a per diem of not less than $50.00 and not more than $100.00 for each day of attendance at a meeting, as defined in paragraph (3) of subsection (a) of Code Section 50-14-1, of the board, plus reimbursement for actual expenses. The accounts for such service and expenses shall be submitted for approval to the local school superintendent. In all school districts, the compensation of members of local boards shall be paid only from the local tax funds available to local boards for educational purposes. This paragraph shall apply only to local board of education members elected or appointed on or after July 1, 2010.
2. 1. A local board of education is authorized to provide group medical and dental insurance for its members who elect to participate. Such insurance may be provided through a group policy secured by the local school district, a group policy secured by several local school districts, a policy secured by an organization of local school boards, or in accordance with Code Section 45-18-5 providing for the inclusion of members of the local board of education and their spouses and dependents within any health insurance plan or plans established under Article 1 of Chapter 18 of Title 45. It shall be the duty of the board to make the employer contributions required for the operation of such plan or plans. Except as provided in paragraph (3) of this subsection, a board providing such insurance shall pay no greater percentage of the cost of that insurance than the percentage of the cost paid as an employer contribution by the state for the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45. The remainder of such insurance costs, and all the costs of any coverage for family members, shall be paid as an employee contribution by the board member. It shall be the duty of the board to deduct from the salary or other remuneration of qualified members or otherwise collect such payment from the qualified members or dependents.
   2. Taxes levied by or on behalf of a local board of education may be expended for employer contributions, but not employee contributions, required for insurance coverage of members of that board as provided in paragraph (1) of this subsection. Taxes levied by or on behalf of a local board of education also may be expended for contributions authorized in paragraph (3) of this subsection. Such expenditures on behalf of any member may continue only as long as that member continues in office and makes any employee contribution required for such coverage. That member, and eligible dependents thereof, shall be ineligible for coverage pursuant to the provisions of paragraph (1) of this subsection upon such person’s ceasing to serve as a member of a local board of education. Such expenditures on behalf of any member in accordance with paragraph (3) of this subsection may continue only as long as that member continues in office and makes any contribution which is not the result of the board of education’s decision to allow its members to participate in the health insurance plan. Expenditures authorized by this Code section shall be in addition to, and not in lieu of, any salary, expense, per diem, or other compensation payable to that member of a local board of education.
   3. If a board member is already a member of a health insurance plan established by Article 1 of Chapter 18 of Title 45 as a retired employee and the result of the board of education’s decision to allow its members to participate is to establish dual eligibility for a member and thus to increase the cost to such member of the state insurance plan, then the local board may pay any additional cost imposed on such member as a result of the local board’s decision to allow its members to participate in coverage under paragraph (1) of this subsection.

History. Ga. L. 1919, p. 288, § 79; Code 1933, § 32-904; Ga. L. 1943, p. 270, § 1; Ga. L. 1957, p. 648, §§ 1, 2; Ga. L. 1959, p. 231, § 1; Ga. L. 1963, p. 279, § 1; Ga. L. 1966, p. 447, § 1; Ga. L. 1978, p. 1446, § 1; Ga. L. 1981, p. 529, § 1; Ga. L. 1982, p. 934, §§ 1, 2; Ga. L. 1983, p. 3, § 53; Ga. L. 1989, p. 685, § 1; Ga. L. 1992, p. 1010, § 1; Ga. L. 1993, p. 1279, § 5; Ga. L. 1994, p. 782, § 3; Ga. L. 1999, p. 813, § 1; Ga. L. 2001, p. 1071, § 1; Ga. L. 2002, p. 841, § 1; Ga. L. 2010, p. 452, § 4/SB 84; Ga. L. 2012, p. 218, § 5/HB 397.

Cross references.

Compensation of school board members, Ga. Const. 1983, Art. VIII, Sec. V, Para. II.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1993, “paragraph (1) of this subsection” was substituted for “subsection (b) of this Code section” in paragraph (b)(2).

Editor’s notes.

Ga. L. 1999, p. 813, § 3, not codified by the General Assembly, provides that: “Nothing herein shall be construed to allow county officials or local school board officials to be included in the state employee’s health insurance plan except that the appropriate agencies of state government may provide administrative services, only, for county officials and local school officials participating in various plans.”

Administrative rules and regulations.

Eligibility for coverage, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, State Health Benefit Plan, Sec. 111-4-1-.04.

Law reviews.

For article on the 2012 amendment of this Code section, see 29 Ga. St. U. L. Rev. 139 (2012).

20-2-56. Nonpartisan elections for members of boards of education.

Notwithstanding any other provision of law to the contrary, the General Assembly may provide by local law for the election in nonpartisan elections of candidates to fill the offices of members of boards of education and, in the case of independent school systems, for the election in nonpartisan elections of candidates to fill the offices of members of the boards of education of those independent school systems using the procedures established in Chapter 2 of Title 21, the “Georgia Election Code.”

History. Code 1981, § 20-2-56 , enacted by Ga. L. 1993, p. 1279, § 6; Ga. L. 1995, p. 1027, § 1; Ga. L. 1998, p. 295, § 3; Ga. L. 2001, p. 269, § 2; Ga. L. 2005, p. 60, § 20/HB 95.

Editor’s notes.

Former Code Section 20-2-56, pertaining to workshops for new members of county and other boards, was based on Ga. L. 1977, p. 711, § 1 and was repealed by Ga. L. 1985, p. 1657, § 2, effective July 1, 1986.

Law reviews.

For note on the 2001 amendment to this Code section, see 18 Ga. St. U. L. Rev. 96 (2001).

20-2-57. Organization of county boards; chairperson and secretary; quorum; record of proceedings.

1. Unless otherwise provided by local law or, in the absence of local law, by local board policy, upon being called together by one of their number, the members of the local board shall organize by selecting one of their number as chairperson to serve as such during the term for which that person was chosen as a member of the local board. The local school superintendent shall act as secretary of the local board, ex officio. A majority of the local board shall constitute a quorum for the transaction of business. The votes of a majority of the members present shall be necessary for the transaction of any business or discharge of any duties of the local board of education, provided there is a quorum present. Any action taken by less than a majority of the board members may be rescinded by a majority of the board members at the next regular meeting or within 30 days of such action, whichever is later. It shall be the duty of the superintendent as secretary to be present at the meetings of the local board, to keep the minutes of its meetings and make a permanent record of them, and to do any other clerical work it may direct the superintendent to do. The superintendent shall cause to be recorded in a book, to be provided for the purpose, all official proceedings of the local board, which shall be a public record open to the inspection of any person interested therein; and all such proceedings, when so recorded, shall be signed by the chairperson and countersigned by the secretary.
2. Pursuant to the authority of this subsection, any local board of education whose chairperson is required to be a member of that board who is elected at large from its school district, when such requirement is imposed by the terms of a local law which became effective before this subsection may become effective under the Voting Rights Act of 1965, as amended, shall continue to have as its chairperson that same member who is elected at large as designated by that local law, unless thereafter changed by local law.

History. Ga. L. 1919, p. 288, §§ 82, 88; Code 1933, §§ 32-907, 32-912; Ga. L. 1956, p. 747, § 1; Ga. L. 1965, p. 370, § 1; Ga. L. 1974, p. 1104, § 2; Ga. L. 1982, p. 2107, § 18; Ga. L. 1984, p. 22, § 20; Ga. L. 1985, p. 467, § 1; Ga. L. 1991, p. 406, § 1; Ga. L. 1992, p. 1010, § 2; Ga. L. 1993, p. 1279, § 7; Ga. L. 1994, p. 97, § 20; Ga. L. 1994, p. 1936, § 2.5; Ga. L. 2010, p. 452, § 5/SB 84.

Law reviews.

For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 184 (1994).

20-2-58. Regular monthly meeting of local boards with public comment; adjournment; temporary presiding officer; notice of date; template for financial review; open meetings.

1. It shall be the duty of each local board of education to hold a regular meeting during each calendar month for the transaction of business pertaining to the public schools and to review the financial status of the local school system. The local board of education shall provide a public comment period during such regular monthly meetings. Such public comment period shall be included on the agenda required to be made available and posted prior to the meeting pursuant to paragraph (1) of subsection (e) of Code Section 50-14-1. A local board of education shall not require notice by an individual more than 24 hours prior to the meeting as a condition of addressing the local board during such public comment period. The chairperson of the local board of education shall have the discretion to limit the length of time for individual comments and the number of individuals speaking for or against a specific issue. Any such regular monthly meeting may be adjourned from time to time, and, in the absence of the president or secretary, the members of the local board may appoint one of their own number to serve temporarily. The local board shall annually determine the dates of its regular monthly meetings and shall publish such dates either in the official county organ or, at the option of the local board of education, in a newspaper having a general circulation in said county at least equal to that of the official county organ for two consecutive weeks following the setting of the dates; provided, however, that the dates shall not be changed more often than once in 12 months and, if changed, the new date or dates shall also be published as provided in this Code section. The local board of education shall also publish notice of such regular monthly meetings in a prominent manner on its principal public website.
2. The State Board of Education shall create a template for local boards of education to use to review the financial status of their local school systems, which shall include, at a minimum, a statement of revenues, expenditures, and encumbrances.
3. 1. Except as otherwise provided by law, including, but not limited to, the provisions of subsection (b) of Code Section 50-14-3, all meetings of a local board of education, including, but not limited to, regular monthly meetings provided for in subsection (a) of this Code section, shall be open to the public. The local board of education shall publish notice of each such public meeting in a prominent manner on its principal public website.
   2. Visual and sound recording shall be permitted at all such public meetings.
   3. By October 1, 2022, and by August 1 each year thereafter, each local board of education shall adopt rules of conduct for public meetings of the local board of education and shall publish such rules of conduct in a prominent manner on its principal public website. Such rules shall include provisions for the removal of members of the public for actual disruption of a public meeting of the local board of education.
   4. A member of the public may be removed from a public meeting of a local board of education for an actual disruption of the proceedings, as determined according to the rules of conduct for meetings open to the public adopted and published by the local board of education.
   5. Nothing in this subsection shall be construed to limit the authority of any law enforcement officer or the application or enforcement of Chapter 14 of Title 50.

History. Ga. L. 1919, p. 288, § 83; Code 1933, § 32-908; Ga. L. 1955, p. 625, § 1; Ga. L. 1973, p. 700, § 1; Ga. L. 1988, p. 612, § 2; Ga. L. 1991, p. 726, § 1; Ga. L. 2020, p. 62, §§ 1-3, 4-1/SB 68; Ga. L. 2022, p. 148, § 1/SB 588.

The 2020 amendment, effective July 1, 2021, designated the existing provisions as subsection (a), added “and to review the financial status of the local school system” at the end of the first sentence in subsection (a), and added subsection (b) twice.

The 2022 amendment, effective July 1, 2022, in subsection (a), added the present second through fifth and last sentences, in the sixth sentence inserted “regular monthly”, and in the seventh sentence, substituted “dates of its regular monthly meetings and shall publish such dates” for “date of its meeting and shall publish it”, substituted “dates; provided, however, that the dates” for “date; provided, however, that the date”, and inserted “or dates” following “new date” near the end; and rewrote subsection (c), which read: “Each local board of education shall provide a public comment period during every regular monthly meeting. Such public comment period shall be included on the agenda required to be made available and posted prior to the meeting pursuant to paragraph (1) of subsection (e) of Code Section 50-14-1. A local board of education shall not require notice by an individual more than 24 hours prior to the meeting as a condition of addressing the local board during such public comment period. The chairperson of the local board of education shall have the discretion to limit the length of time for individual comments and the number of individuals speaking for or against a specific issue.”

Cross references.

Open Meetings Act, § 50-14-1 et seq.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1987, in the last sentence (of now subsection (a)), a comma was deleted between “12 months” and “and” and a comma inserted between “and” and “if changed”.

Pursuant to Code Section 28-9-5, in 2020, the second subsection (b) as added by Ga. L. 2020, p. 62, § 4-1/SB 68 was designated as subsection (c).

Law reviews.

For article, “The Amended Open Meetings Law: New Requirements for Publicly Funded Corporations As Well As Governmental Agencies,” see 25 Ga. St. B. J. 78 (1988).

20-2-58.1. “Immediate family” defined; employment of family members.

1. As used in this Code section, the term “immediate family” means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent.
2. No local board of education shall employ or promote any person who is a member of the immediate family of any board member unless a public, recorded vote is taken on such employment or promotion as a separate matter from any other personnel matter. Any board member whose immediate family member is being considered for employment shall not vote on such employment. Nothing in this Code section shall affect the employment of any person who is employed by a local school system on July 1, 2000, or who is employed by a local school system when an immediate family member becomes a member of the local board of education for that school system.

History. Code 1981, § 20-2-58.1 , enacted by Ga. L. 2000, p. 618, § 6.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-59. [Effective until June 30, 2027. See note.] Rules; regulation of face masks.

1. Except as provided in subsection (b) of this Code section, each local school superintendent and local board of education shall make rules to govern their respective local school systems.
2. 1. No local board of education shall make or enforce any rule pursuant to subsection (a) of this Code section that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the local school system unless such rule provides that a parent or guardian of a child enrolled in such local school system may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child’s health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian.
   2. No local school superintendent shall make or enforce any rule pursuant to subsection (a) of this Code section that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the local school system unless such rule provides that a parent or guardian of a child enrolled in such local school system may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child’s health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian.
3. This Code section shall not be subject to waivers pursuant to Code Section 20-2-82 for a strategic waivers school system, Code Section 20-2-244 for a local board of education, Code Section 20-2-2063.2 for a charter system, or Code Section 20-2-2065 for a charter school established pursuant to Article 31 or Article 31A of this chapter, a charter system, or schools within a charter system.

History. Ga. L. 1919, p. 288, § 88; Code 1933, § 32-912; Ga. L. 1956, p. 747, § 1; Ga. L. 1974, p. 1104, § 2; Ga. L. 2022, p. 23, § 2/SB 514.

The 2022 amendment, effective March 29, 2022, and repealed effective June 30, 2027, rewrote this Code section, which read: “The county school superintendent and county board of education shall make rules to govern the county schools of their county.”

Editor’s notes.

Ga. L. 2022, p. 23, § 1/SB 514, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Unmask Georgia Students Act.’”

20-2-59. [For effective date, see note.] Rules.

The county school superintendent and county board of education shall make rules to govern the county schools of their county.

History. Ga. L. 1919, p. 288, § 88; Code 1933, § 32-912; Ga. L. 1956, p. 747, § 1; Ga. L. 1974, p. 1104, § 2; Ga. L. 2022, p. 23, § 2/SB 514.

Editor’s notes.

This Code section, as set forth above, is effective on June 30, 2027, in accordance with Ga. L. 2022, p. 23, § 6/SB 514, which provides for repeal of the amendment made by § 2 of that Act.

20-2-60. Consolidation of county schools.

The board of education of any county shall have the right, if, in its opinion, the welfare of the schools of the county and the best interests of the pupils require, to consolidate two or more schools into one school, to be located by the county board at a place convenient to the pupils attending the consolidated school.

History. Ga. L. 1919, p. 288, § 90; Code 1933, § 32-915; Ga. L. 1946, p. 206, § 3; Ga. L. 2013, p. 1061, § 1/HB 283.

20-2-61. Fundamental roles of local boards of education and local school superintendents.

1. The fundamental role of a local board of education shall be to establish policy for the local school system with the focus on student achievement. The fundamental role of a local school superintendent shall be to implement the policy established by the local board. It shall not be the role of the local board of education or individual members of such board to micromanage the superintendent in executing his or her duties, but it shall be the duty of the local board to hold the local school superintendent accountable in the performance of his or her duties; provided, however, that requesting and reviewing financial data and documents shall not constitute micromanaging. Local board of education members should work together with the entire local board of education and shall not have authority as independent elected officials but shall only be authorized to take official action as members of the board as a whole. Nothing in this subsection shall be construed to alter, limit, expand, or enlarge any powers, duties, or responsibilities of local boards of education, local board members, or local school superintendents.
2. Except as may be allowed by law, no local board of education shall delegate or attempt to delegate its policy-making functions.

History. Code 1981, § 20-2-61 , enacted by Ga. L. 2010, p. 452, § 6/SB 84; Ga. L. 2020, p. 62, § 1-4/SB 68.

The 2020 amendment, effective July 1, 2021, added “; provided, however, that requesting and reviewing financial data and documents shall not constitute micromanaging” at the end of the third sentence in subsection (a).

Editor’s notes.

This Code section formerly pertained to reorganizing schools and fixing the number of grades at each. The former Code section was based on Ga. L. 1953, Nov.-Dec. Sess., p. 282, § 1 and was repealed by Ga. L. 1985, p. 1657, § 2, effective July 1, 1986.

20-2-62. Employment of county agents and home demonstration agents to carry on extension work.

Power is conferred upon the county tax levying authorities of the several counties, as well as the county boards of education, to carry on educational work for the promotion of the extension work in agriculture and home economics under the Act of Congress approved May 8, 1914 (7 U.S.C.A., Sections 341 to 348), and resolution of the General Assembly, under the date of August 14, 1914 (Ga. L. 1914, p. 1243), giving assent of the state to such Act of Congress, by employing county agricultural agents and home demonstration agents and supervising their work and paying therefor. The boards of education of the several counties may employ and pay county agents and home demonstration agents to carry on such extension work.

History. Ga. L. 1922, p. 82, § 2; Ga. L. 1923, p. 88, § 1; Code 1933, § 32-944.

Cross references.

Cooperative Extension Service of University of Georgia, § 2-6-4 et seq.

Authority of board of regents with regard to federal grants for agricultural extension work, § 20-3-38 .

Collection of county taxes for payment of county agricultural and home demonstration agents, § 48-5-220(10) .

20-2-63. Prohibit certain conflicts of interest of board members.

1. 1. No local board of education member shall use or attempt to use his or her official position to secure unwarranted privileges, advantages, or employment for himself or herself, his or her immediate family member, or others.
   2. No local board of education member shall act in his or her official capacity in any matter where he or she, his or her immediate family member, or a business organization in which he or she has an interest has a material financial interest that would reasonably be expected to impair his or her objectivity or independence of judgment. Compliance with Code Section 20-2-505 shall not constitute a violation of this paragraph.
   3. No local board of education member shall solicit or accept or knowingly allow his or her immediate family member or a business organization in which he or she has an interest to solicit or accept any gift, favor, loan, political contribution, service, promise of future employment, or other thing of value based upon an understanding that the gift, favor, loan, contribution, service, promise, or other thing of value was given or offered for the purpose of influencing that board member in the discharge of his or her official duties. This paragraph shall not apply to the solicitation or acceptance of contributions to the campaign of an announced candidate for elective public office if the local board of education member has no knowledge or reason to believe that the campaign contribution, if accepted, was given with the intent to influence the local board of education member in the discharge of his or her official duties. For purposes of this paragraph, a gift, favor, loan, contribution, service, promise, or other thing of value shall not include the items contained in subparagraphs (a)(2)(A) through (a)(2)(J) of Code Section 16-10-2.
   4. No local board of education member shall use, or knowingly allow to be used, his or her official position or any information not generally available to the members of the public which he or she receives or acquires in the course of and by reason of his or her official position for the purpose of securing financial gain for himself or herself, his or her immediate family member, or any business organization with which he or she is associated.
   5. No local board of education member or business organization in which he or she has an interest shall represent any person or party other than the local board of education or local school system in connection with any cause, proceeding, application, or other matter pending before the local school system in which he or she serves or in any proceeding involving the local school system in which he or she serves.
   6. No local board of education member shall be prohibited from making an inquiry for information on behalf of a constituent if no fee, reward, or other thing of value is promised to, given to, or accepted by the local board of education member or his or her immediate family member in return therefor.
   7. No local board of education member shall disclose or discuss any information which is subject to attorney-client privilege belonging to the local board of education to any person other than other board members, the board attorney, the local school superintendent, or persons designated by the local school superintendent for such purposes unless such privilege has been waived by a majority vote of the whole board.
   8. No member of a local board of education may also be an officer of any organization that sells goods or services to that local school system, except as provided in Code Section 20-2-505 and excluding nonprofit membership organizations.
   9. No local board of education member shall be deemed in conflict with this subsection if, by reason of his or her participation in any matter required to be voted upon, no material or monetary gain accrues to him or her as a member of any profession, occupation, or group to any greater extent than any gain could reasonably be expected to accrue to any other member of that profession, occupation, or group.
2. Upon a motion supported by a two-thirds’ vote, a local board of education may choose to conduct a hearing concerning the violation by a local board of education member of any conflict of interest provision in subsection (a) of this Code section. The local board of education member accused of violating said provision shall have 30 days’ notice prior to a hearing on the matter. Said accused member may bring witnesses on his or her behalf, and the local board of education may call witnesses to inquire into the matter. If it is found by a vote of two-thirds of all the members of the board that the accused member has violated a conflict of interest provision contained in subsection (a) of this Code section, the local board shall determine an appropriate sanction. A board member subject to sanction pursuant to this Code section may, within 30 days of such sanction vote, appeal such decision to the State Board of Education, which shall be empowered to affirm or reverse the decision to sanction such board member. The State Board of Education shall promulgate rules governing such appeal process. This subsection shall apply only to local board of education members elected or appointed on or after July 1, 2010.
3. As used in this Code section, the term “immediate family member” means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent.

History. Code 1981, § 20-2-63 , enacted by Ga. L. 2010, p. 452, § 7/SB 84.

Editor’s notes.

This Code section formerly pertained to the failure to arrange for operation of schools. The former Code section was based on Ga. L. 1919, p. 288, § 113 and Code 1933, § 32-940 and was repealed by Ga. L. 1990, p. 1343, § 1, effective July 1, 1990.

20-2-64. Establishment and maintenance of trusts or funds.

1. Each local board of education is authorized to establish and maintain one or more funds or trusts for the purposes specified in this Code section and to designate one or more fund managers or trustees thereof. Each local board of education shall be deemed to be a person for the purposes of Chapter 12 of Title 53, known as “The Revised Georgia Trust Code of 2010,” and may take any action which a natural person would be authorized to take and shall be subject to any duty imposed upon a natural person by the provisions of such chapter, except as provided in this Code section.
2. A local board of education shall appoint one or more managers or trustees for any separate fund or trust, respectively, created pursuant to the authority of this Code section and shall not act as trustee or manager of such a trust or fund.
3. A local board of education is authorized to accept and pay over to or place in such trust or fund any gifts, grants, bequests, and transfers of real or personal property and money made for the furtherance of such trust’s or fund’s purposes, as set forth in subsection (d) of this Code section.  No funds or property of the local board of education derived from tax revenues or state grants or appropriations shall be placed in any such trust or fund or expended for the administration of such trust or fund.
4. Trust or fund property and the income therefrom may be expended, unless otherwise restricted by the donor thereof, for:
   1. Scholarships, grants, loans, and other educational assistance programs for students or graduates, or both, of the school system;
   2. Matching any matching grant given to such trust or fund or to the local board of education;
   3. Any purpose specified by the donor of such trust property, unless limited by subsection (e) of this Code section;
   4. Any other educational purpose; or
   5. The cost of administering the trust.
5. Any such trust or fund shall be established under such further terms and conditions as may be deemed appropriate by the local board of education from time to time to the extent consistent with the uses of funds and purposes described in subsection (d) of this Code section.  The local board of education, manager, or trustee may refuse to accept any gift, grant, bequest, or transfer which:
   1. Contains any condition, restriction, or limitation that may jeopardize the tax exempt status of such trust or fund for federal or state income tax purposes;
   2. Would cause the trust or fund to be treated as a private foundation under Section 509 or any corresponding provision of the Internal Revenue Code, as amended; or
   3. Contains any condition, restriction, or limitation deemed by the local board of education, fund manager, or trustee to be inconsistent with the purposes, terms, or conditions of such fund or trust.

History. Code 1981, § 20-2-64 , enacted by Ga. L. 1992, p. 1010, § 3; Ga. L. 2010, p. 579, § 13/SB 131.

Code Commission notes.

Ga. L. 1992, p. 1010, § 3, and Ga. L. 1992, p. 1831, § 1, both enacted a Code Section 20-2-64. Pursuant to Code Section 28-9-5, in 1992, the section enacted by Ga. L. 1992, p. 1831, § 1, was renumbered as Code Section 20-2-65.

20-2-65. Programs for care and supervision of students before school, after school, or during vacation periods.

1. The General Assembly of Georgia, recognizing the need for providing school age children with programs outside the normal school curriculum that enable them to reach their full potential as students within that curriculum, hereby declares that programs which provide for the care and supervision of such students outside of normal school hours and during vacation periods serve an educational purpose, in that they are necessary or incidental to public education and can be an integral part of the total school program offered by public schools in this state.
2. The board of education of any county, area, or independent school system is authorized to establish and operate, contract for, or otherwise make provisions for programs that provide care and supervision before school, after school, or during vacation periods, or during any combination of these time periods, for school age children who are temporary or permanent residents of the geographical area served by such system.
3. Consistent with existing local rules, regulations, policies, or procedures, a local board of education shall conduct a needs assessment, the scope and methodology of which shall be determined solely by the board, before establishing, operating, contracting for, or otherwise making provisions for programs defined in subsection (b) of this Code section.
4. In accordance with the requirements of Code Section 50-14-1, the local board of education shall notify the public of the board’s intention to vote whether to provide programs as defined in subsection (b) of this Code section.  A local board of education shall provide such additional notice or proceedings as deemed appropriate to solicit public comment and review of the board’s actions regarding any programs defined in subsection (b) of this Code section.

History. Code 1981, § 20-2-65 , enacted by Ga. L. 1992, p. 1831, § 1.

Code Commission notes.

Ga. L. 1992, p. 1010, § 3, and Ga. L. 1992, p. 1831, § 1, both enacted a Code Section 20-2-64. Pursuant to Code Section 28-9-5, in 1992, the section enacted by Ga. L. 1992, p. 1831, § 1, was renumbered as Code Section 20-2-65.

20-2-66. School breakfast programs.

1. Each local school system in this state is encouraged to establish and support a school breakfast program to make breakfast available to all students in kindergarten through grade eight.  All school systems are required to establish and support a school breakfast program in all schools with kindergarten through grade eight if at least 25 percent of the student population is eligible for free or reduced price lunch under federal guidelines and in all schools not containing kindergarten through grade eight if at least 40 percent of the student population is eligible for free or reduced price lunch under federal guidelines.  School breakfast programs shall be phased in over a period beginning September 1, 1994, and ending June 15, 1996, in all such schools.  Each local school system operating a school breakfast program pursuant to this Code section shall be reimbursed by the state at the federal reimbursement rate per meal prepared and served.  The school breakfast program reimbursement by the state shall be automatically terminated if federal funding for this program ceases.
2. The State Board of Education shall promulgate rules and regulations which:
   1. Establish minimum nutritional requirements for school breakfast programs which meet or exceed the minimum federal regulations;
   2. Utilize federal standards of income eligibility for free or reduced price meals for lower income students;
   3. Prescribe uniform methods of determining eligibility for free or reduced price meals that are discreet and accessible.  Each participating school system shall establish a method to regularly notify parents of the availability of the program;
   4. Provide that each participating local board of education submit a plan of compliance;
   5. Provide that compliance with the standards and regulations of the National School Lunch Act and Child Nutrition Act of 1966, as amended, shall be deemed compliance with the requirements promulgated by the board;
   6. Assist the local school board in applying for and obtaining start-up grant money for such programs.

History. Code 1981, § 20-2-66 , enacted by Ga. L. 1994, p. 295, § 1.

Administrative rules and regulations.

School nutrition program, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Subject 160-5-6.

20-2-67. Local school system or school subject to corrective action plan for budget deficit; financial operations form; publication; mailing to Department of Education and local governing body.

1. When an audit by the Department of Audits and Accounts finds and reports irregularities or budget deficits in the fund accounting information regarding a local school system or a school within the local school system, the Department of Audits and Accounts shall report the findings of irregularities or budget deficits to the State Board of Education and the local board of education. The Department of Audits and Accounts shall designate local school systems that have had reported irregularities or budget deficits for three or more consecutive years as high-risk local school systems and shall designate local school systems that have had reported irregularities or budget deficits for one year or two consecutive years as moderate-risk local school systems.
2. The State Board of Education shall inform the superintendent of the local school system of the irregularities or budget deficits regarding a local school system’s or a school’s fund accounting information, including if a local school system has been designated as a high-risk local school system or moderate-risk local school system. The superintendent shall submit to the Department of Education a response to the findings and a corrective action plan approved by the local board of education at a board meeting within 120 days of receiving notice of designation as a high-risk local school system or moderate-risk local school system, as defined by rules and regulations adopted by the State Board of Education designed to correct the financial irregularities or budget deficits for the school or school system. From the time such irregularity or budget deficit is discovered until the time it is eliminated, the local school superintendent shall present to each member of the local board of education for his or her review and written acknowledgment a monthly report containing all anticipated expenditures by budget function for such school or school system during the current month. The report shall be presented to local board members on or before the tenth business day of each month. Each monthly report shall be signed by each member of that local board and recorded and retained in the minutes of the meeting of the local board of education.
3. Not later than September 30 of the year, each local board of education shall cause to be published in the official county organ wherein the local school system is located once a week for two weeks a statement of actual financial operations for such schools or school system identified by the Department of Audits and Accounts as having financial irregularities. Such statement of actual financial operations shall be in a form to be specified and prescribed by the state auditor for the purpose of indicating the current financial status of the schools or school system. Prior to publication, such form shall be executed by the local board of education and signed by each member of said board and the local school superintendent.
4. A copy of the actual financial operations form required to be published by subsection (c) of this Code section shall be mailed by each local board of education to the Department of Education and the local county board of commissioners or local municipal governing authority. A current copy of said form shall be maintained on file in the central administrative office of the local school system for public inspection for a period of at least two years from the date of its publication. Copies of the statement shall be made available on request.

History. Code 1981, § 20-2-67 , enacted by Ga. L. 1996, p. 821, § 1; Ga. L. 2000, p. 618, § 7; Ga. L. 2020, p. 62, § 1-5/SB 68.

The 2020 amendment, effective July 1, 2021, added the last sentence in subsection (a); and in subsection (b), added “, including if a local school system has been designated as a high-risk local school system or moderate-risk local school system” at the end of the first sentence and inserted “approved by the local board of education at a board meeting within 120 days of receiving notice of designation as a high-risk local school system or moderate-risk local school system,” in the second sentence.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-68. Information for verification of fund expenditure.

The Office of Planning and Budget shall collect from local school systems and local school systems shall supply information sufficient for the Office of Planning and Budget to verify the proper expenditure of funds and employment of positions funded in the Quality Basic Education formula and categorical grants.

History. Code 1981, § 20-2-68 , enacted by Ga. L. 2000, p. 618, § 8.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-69. Requirements and procedures for issuing and awarding high school diplomas to honorably discharged World War II Veterans.

Each local board of education shall issue high school diplomas to veterans who failed to receive diplomas due to an interruption of their education by service in World War II. The local board of education of the school district where the veteran attended high school shall award the high school diploma to such veteran. A veteran shall make application for a diploma to the appropriate local board of education and furnish proof that such person is a World War II veteran who had his or her education interrupted as a result of service in World War II. Honorably discharged veterans who served in World War II between September 16, 1940, and December 31, 1946, and who did not graduate from high school are eligible for a diploma; provided, however, that attendance in high school ranging from 1937-1946 with graduation class years ranging from 1941-1950 is required. Veterans who qualify under this Code section and who have earned a state approved high school equivalency (HSE) diploma are also eligible for a high school diploma. Diplomas may be awarded posthumously. The local board of education is encouraged to present such diplomas to World War II veterans on or near Veterans Day to bring to the attention of students the importance of such day and the great sacrifices made by World War II veterans.

History. Code 1981, § 20-2-69 , enacted by Ga. L. 2001, p. 478, § 1; Ga. L. 2022, p. 168, § 2(1)/SB 397.

The 2022 amendment, effective July 1, 2022, substituted “state approved high school equivalency (HSE)” for “general educational development (GED)” in the fifth sentence.

Cross references.

Instructional activities focusing on veterans and the armed forces, § 20-2-147 .

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2005, “Veterans Day” was substituted for “Veterans’ Day” in the last sentence.

Law reviews.

For article, “Education Law,” see 53 Mercer L. Rev. 281 (2001).

20-2-70. Requirements and procedures for issuing and awarding high school diplomas to honorably discharged Korean Conflict and Vietnam Conflict veterans.

Each local board of education shall issue high school diplomas to veterans who failed to receive diplomas due to an interruption of their education by service in the Korean Conflict or service in the Vietnam Conflict. The local board of education of the school district where the veteran attended high school shall award the high school diploma to such veteran. A veteran shall make application for a diploma to the appropriate local board of education and furnish proof that such person is a veteran of the Korean Conflict or the Vietnam Conflict who had his or her education interrupted as a result of service in the Korean Conflict or the Vietnam Conflict. Honorably discharged veterans who served in the Korean Conflict between June 25, 1950, and January 31, 1955, and honorably discharged veterans who served in the Vietnam Conflict between August 5, 1964, and May 7, 1975, and who did not graduate from high school are eligible for a diploma pursuant to this Code section; provided, however, that attendance in high school ranging from 1946 through 1955 with graduation class years ranging from 1951 through 1955 is required for veterans of the Korean Conflict and attendance in high school ranging from 1960 through 1975 with graduation class years ranging from 1964 through 1975 is required for veterans of the Vietnam Conflict. Veterans who qualify under this Code section and who have earned a state approved high school equivalency (HSE) diploma are also eligible for a high school diploma. Diplomas may be awarded posthumously. The local board of education is encouraged to present such diplomas to such veterans on or near Veterans Day to bring to the attention of students the importance of such day and the great sacrifices made by such veterans.

History. Code 1981, § 20-2-70 , enacted by Ga. L. 2002, p. 812, § 1; Ga. L. 2022, p. 168, § 2(2)/SB 397.

The 2022 amendment, effective July 1, 2022, substituted “state approved high school equivalency (HSE)” for “general educational development (GED)” in the fifth sentence.

Cross references.

The Veterans Education Reorganization Act of 1949, § 38-4-30 et seq.

20-2-71. Placement of twins or higher order multiples in the same classroom.

1. For purposes of this Code section, the term “higher order multiples” means triplets, quadruplets, quintuplets, or more.
2. A school must place twins or higher order multiples from the same family together in the same classroom if the children are in the same grade level at the same school and meet the eligibility requirements of the class, and the children’s parent or legal guardian requests the placement, unless factual performance evidence shows proof that these specific students should be separated. The parent or guardian must request the classroom placement no later than five days before the first day of each school year or five days after the first day of attendance of the children during a school year if the children are enrolled in the school after the school year commences.

History. Code 1981, § 20-2-71 , enacted by Ga. L. 2007, p. 674, § 1/SB 123; Ga. L. 2009, p. 8, § 20/SB 46.

20-2-72. Code of ethics for local board of education members.

1. The State Board of Education shall adopt a model code of ethics for members of local boards of education by October 1, 2010. Such model code of ethics shall also include appropriate consequences for violation of a provision or provisions of such code. The State Board of Education may periodically adopt revisions to such model code as it deems necessary.
2. Within three months of adoption by the State Board of Education of a model code of ethics pursuant to subsection (a) of this Code section, each local board of education shall adopt a code of ethics that includes, at a minimum, such model code of ethics. Each local board of education shall incorporate into its code of ethics any revisions adopted by the State Board of Education to the model code of ethics pursuant to subsection (a) of this Code section within three months of adoption of such revisions.

History. Code 1981, § 20-2-72 , enacted by Ga. L. 2010, p. 452, § 8/SB 84.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2010, Code Section 20-2-72, as enacted by Ga. L. 2010, p. 894, § 1/SB 84, was redesignated as Code Section 20-2-74.

20-2-73. Suspension and removal of local school board members upon potential loss of accreditation or when schools in system are turnaround eligible schools; procedures; petition for reinstatement; prohibition on use of public funds for litigation expenses; reimbursement of expenses.

1. 1. Notwithstanding Code Section 20-2-54.1 or any other provisions of law to the contrary, if:
      1. A local school system or school is placed on the level of accreditation immediately preceding loss of accreditation for any reason or reasons by one or more accrediting agencies included in subparagraph (A) of paragraph (6) of Code Section 20-3-519, the local board of education shall notify the State Board of Education in writing within three business days of such placement and the State Board of Education shall conduct a hearing in not less than ten days of such notice nor more than 90 days and recommend to the Governor whether to suspend all eligible members of the local board of education with pay; or
      2. One-half or more of the schools in a local school system are turnaround eligible schools, as defined in subsection (a) of Code Section 20-14-45, for the fifth or more consecutive year, the Department of Education shall notify the State Board of Education in writing within three business days of the publication of the list of turnaround eligible schools by the Office of Student Achievement, and the State Board of Education with input from the State School Superintendent shall conduct a hearing in not less than ten days of such notice nor more than 90 days and recommend to the Governor whether to suspend all eligible members of the local board of education with pay; provided, however, that this subparagraph shall be tolled for a local board of education while under a contract amendment or intervention contract pursuant to Code Section 20-14-45 so long as such local board of education is in substantial compliance with the terms of such contract amendment or intervention contract.
   2. A majority of the members of a local board of education may petition the State Board of Education to continue any hearing scheduled under this subsection. Upon a showing of good cause, the state board may in its sound discretion continue any such hearing. Notwithstanding any other provision of law, deliberations held by the State Board of Education pursuant to this subsection to formulate its recommendation to the Governor shall not be open to the public; provided, however, that testimony shall be taken in an open meeting and a vote on the recommendation shall be taken in an open meeting following the hearing or at the next regularly scheduled meeting. If the State Board of Education makes such recommendation, the Governor may, in his or her discretion, suspend all eligible members of the local board of education with pay and, in consultation with the State Board of Education, appoint temporary replacement members who shall be otherwise qualified to serve as members of such board.
2. Any local board of education member suspended under this Code section may petition the Governor for reinstatement no earlier than 30 days following suspension and no later than 60 days following suspension. In the event that a suspended member does not petition for reinstatement within the allotted time period, his or her suspension shall be converted into permanent removal, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member.
3. Upon petition for reinstatement by a suspended local board of education member, the Governor or his or her designated agent shall conduct a hearing for the purpose of receiving evidence relative to whether the local board of education member’s continued service on the local board of education is more likely than not to improve the ability of the local school system or school to retain or reattain its accreditation or to improve the ratings of the schools in the local school system so that less than one-half of the schools in such local school system are on the turnaround eligible schools list in subsequent years. The appealing member shall be given at least 30 days’ notice prior to such hearing. Such hearing shall be held not later than 90 days after the petition is filed and in accordance with Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” except that the individual conducting the hearing shall have the power to call witnesses and request documents on his or her own initiative. For purposes of said chapter and any hearing conducted pursuant to this Code section, the Governor shall be considered the agency, and the Attorney General or his or her designee shall represent the interests of the Governor in the hearing. If it is determined that it is more likely than not that the local board of education member’s continued service on the local board of education improves the ability of the local school system or school to retain or reattain its accreditation or to improve the ratings of the schools in the local school system so that less than one-half of the schools in such local school system are on the turnaround eligible schools list in subsequent years, the member shall be immediately reinstated; otherwise, the member shall be permanently removed, and the temporary replacement member shall become a permanent member and serve out the remainder of the term of the removed member or until the next general election which is at least six months after the member was permanently removed, whichever is sooner. Judicial review of any such decision shall be in accordance with Chapter 13 of Title 50.
4. 1. Subparagraph (B) of paragraph (1) of subsection (a) of this Code section shall apply to a local school system or school which is placed on the level of accreditation immediately preceding loss of accreditation on or after April 20, 2011.
   2. Subparagraph (B) of paragraph (1) of subsection (a) of this Code section shall apply to a local school system which, on or after July 1, 2017, has one-half or more of the schools in the local school system on the turnaround eligible schools list for the fifth or more consecutive year.
5. For purposes of this Code section, an eligible member of a local board of education shall mean a board member who:
   1. Was serving on the local board at the time the accrediting agency placed the local school system or school on the level of accreditation immediately preceding loss of accreditation; or
   2. Was serving on the local board at the time the local school system had one-half or more of the schools in the local school system on the turnaround eligible schools list for the fifth or more consecutive year and had served on the local board for at least the immediately preceding two years.
6. A local board of education shall not expend any public funds for attorney’s fees or expenses of litigation relating to proceedings initiated pursuant to this Code section except to the extent such fees and expenses are incurred prior to and through the recommendation of the state board as provided for in subsection (a) of this Code section; provided, however, that nothing in this subsection shall be construed to prohibit an insurance provider from covering attorney’s fees or expenses of litigation under an insurance policy.
7. Any suspended board member who is reinstated by the Governor pursuant to this Code section may be reimbursed by the local board of education for his or her reasonable attorney’s fees and related expenses incurred in pursuing such reinstatement.

History. Code 1981, § 20-2-73 , enacted by Ga. L. 2010, p. 452, § 8/SB 84; Ga. L. 2011, p. 1, § 12/HB 326; Ga. L. 2011, p. 26, § 3/SB 79; Ga. L. 2011, p. 752, § 20/HB 142; Ga. L. 2013, p. 763, § 1/HB 115; Ga. L. 2017, p. 75, § 3-1/HB 338; Ga. L. 2020, p. 62, § 2-1/SB 68.

The 2017 amendment, effective July 1, 2017, rewrote subsection (a); in subsection (c), inserted “or to improve the ratings of the schools in the local school system so that less than one-half of the schools in such local school system are on the turnaround eligible schools list in subsequent years” at the end of the first sentence and the middle of the fifth sentence; designated the existing provisions of subsection (d) as paragraph (d)(1); substituted “Subparagraph (B) of paragraph (1) of subsection (a)” for “Subsection (a)” at the beginning of paragraph (d)(1); added paragraph (d)(2); and substituted the present provisions of subsection (e) for the former provisions, which read: “For purposes of this Code section, an eligible member of a local board of education shall mean a board member who was serving on the local board at the time the accrediting agency placed the local school system or school on the level of accreditation immediately preceding loss of accreditation.”

The 2020 amendment, effective July 1, 2021, in subparagraph (a)(1)(B), inserted a comma following “Office of Student Achievement” and inserted “with input from the State School Superintendent”.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2011, “subparagraph (A) of paragraph (6) of Code Section 20-3-519” was substituted for “subparagraph (6.1)(A) of Code Section 20-3-519” in paragraph (a)(1) (now subparagraph (a)(1)(A)); and “April 20, 2011” was substituted for “the effective date of this subsection” in subsection (d) (now paragraph (d)(1)).

Pursuant to Code Section 28-9-3 , in 2011, the amendment of paragraph (a)(1) (now subsection (a)) of this Code section by Ga. L. 2011, p. 1, § 12/HB 326, was treated as impliedly repealed and superseded by Ga. L. 2011, p. 26, § 3/SB 79, due to irreconcilable conflict. See County of Butts v. Strahan, 151 Ga. 417 (1921); Keener v. McDougall, 232 Ga. 273 (1974).

Editor’s notes.

Ga. L. 2011, p. 1, § 17/HB 326, not codified by the General Assembly, provides, in part, that the 2011 amendment shall be applicable to postsecondary students beginning in the fall of 2011.

Ga. L. 2011, p. 26, § 4/SB 79, not codified by the General Assembly, provides: “If a local school system or school is placed on the level of accreditation immediately preceding loss of accreditation on or after July 1, 2010, but prior to the effective date of this Act, local board of education members elected or appointed on or after July 1, 2010, but prior to the effective date of this Act shall be subject to the provisions of Code Section 20-2-73 as they existed on the day prior to the effective date of this Act.” The Act became effective April 20, 2011.

Ga. L. 2011, p. 752, § 54(e)/HB 142, not codified by the General Assembly, provides: “In the event of an irreconcilable conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2011 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict.” Accordingly, the amendment to paragraph (a)(1) of this Code section by Ga. L. 2011, p. 752, § 20/HB 142, was not given effect.

Ga. L. 2017, p. 75, § 1-1/HB 338, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘First Priority Act — Helping Turnaround Schools Put Students First.’”

Law reviews.

For article, “Education: Postsecondary Education,” see 28 Ga. St. U.L. Rev. 193 (2011).

For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 169 (2017).

20-2-74. Solicit and accept donations for educational purposes.

Local boards of education shall be authorized to solicit and accept donations, contributions, and gifts of money from any source for the purposes of field trips for their students and for any other educational purposes.

History. Code 1981, § 20-2-74 , enacted by Ga. L. 2010, p. 894, § 1/HB 1200.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2010, Code Section 20-2-72, as enacted by Ga. L. 2010, p. 894, § 1/HB 1200, was redesignated as Code Section 20-2-74.

20-2-80. Requests for increased flexibility; Title 20/No Waivers system.

1. A local school system may request increased flexibility from certain state laws, rules, and regulations in exchange for increased accountability and defined consequences through a contract with the State Board of Education. Such contract shall establish a framework of accountability, flexibility, and consequences in accordance with this article.
2. A local school system may elect not to request increased flexibility in exchange for increased accountability and defined consequences and elect to remain under all current laws, rules, regulations, policies, and procedures, and such local school system, which shall be known as a Title 20/No Waivers system, shall:
   1. Conduct a public hearing for the purpose of providing public notice that such local school system is electing to be a Title 20/No Waivers system and to remain subject to all state rules, regulations, policies, and procedures and the provisions of this title. The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised; and
   2. Sign a statement on a form provided by the state board that such local school system is electing to be a Title 20/No Waivers system.

History. Code 1981, § 20-2-80 , enacted by Ga. L. 2008, p. 82, § 1/HB 1209; Ga. L. 2015, p. 1376, § 1A/HB 502.

The 2015 amendment, effective July 1, 2015, in subsection (b), substituted “elect” for “opt” and inserted “, which shall be known as a Title 20/No Waivers system,” near the end, substituted “electing to be a Title 20/No Waivers system and to remain subject to all state rules, regulations, policies, and procedures and the provisions of this title” for “opting for the status quo” in the first sentence of paragraph (b)(1), and substituted “electing to be a Title 20/No Waivers system” for “opting for the status quo” at the end of paragraph (b)(2).

20-2-81. Strategic plan and proposed contract for local school systems requesting flexibility; strategic waivers school system.

1. Each local school system which elects to request increased flexibility pursuant to this article shall develop a five-year strategic plan which sets out the school system’s vision and mission for improving the performance of its schools and shall clearly delineate in a proposed contract the following for measuring the improvement and performance of its schools:
   1. Current performance data, grade levels, and demographic data for each school within the school system;
   2. Performance goals for each school, including both improvement and achievement; and
   3. Performance measures and benchmarks for each school for evaluating improvement and achievement and monitoring progress toward yearly performance goals.
2. The proposed strategic plan shall incorporate, to the extent practicable, school improvement plans in effect for schools in the local school system.
3. The department shall provide an electronic template accessible through the Internet for local school systems to input their proposed contracts. The template shall be designed to include the information contained in subsection (a) of this Code section.
4. Prior to the submission of a proposed contract to the department, a local board of education shall schedule and hold a public hearing for the purpose of providing an opportunity for full discussion and public input on the strategic plan and proposed contract, including formal, written comments or suggestions regarding the local school system’s flexibility requests and performance goals and their impact on each school. The public hearing shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised.
5. The local school system shall submit the proposed contract to the department in accordance with time frames established by the department.
6. A local school system which elects to request increased flexibility pursuant to this article shall be known as a strategic waivers school system.

History. Code 1981, § 20-2-81 , enacted by Ga. L. 2008, p. 82, § 1/HB 1209; Ga. L. 2015, p. 1376, § 1B/HB 502.

The 2015 amendment, effective July 1, 2015, added subsection (f).

20-2-82. Contract terms for local school systems requesting flexibility.

1. The local board of education and the department shall enter into negotiations on the appropriate terms of the contract, including the accountability, flexibility, and consequences components of the contract in accordance with Code Section 20-2-84, in consultation with the Office of Student Achievement. The accountability, flexibility, and consequences components may vary between schools and clusters.
2. The flexibility requested by a local school system pursuant to subsection (b) of Code Section 20-2-84 shall result in consequences in accordance with subsection (c) of Code Section 20-2-84 and Code Section 20-2-84.1 for noncompliance with the accountability requirements established pursuant to subsection (a) of Code Section 20-2-84.
3. The department, in consultation with the Office of Student Achievement, shall make a recommendation to the state board on whether the proposed terms of the contract should be approved by the state board. Such proposed terms of the contract shall require that a local school system has not been designated as a high-risk local school system by the Department of Audits and Accounts pursuant to Code Section 20-2-67, or if it has been designated as a high-risk local school system, the contract shall require that the local school system has a written corrective action plan in place and that local school system board members and appropriate personnel participate in required training to address the deficiencies.
4. 1. The state board shall have the authority to approve or deny approval of the proposed terms of the contract but shall give all due consideration to the recommendation and input from the Office of Student Achievement.
   2. In the event that the state board denies approval of the proposed terms of the contract, the local board of education shall work with the department, in consultation with the Office of Student Achievement, for further revisions and resubmission to the state board.
5. The state board shall be authorized to approve a waiver or variance request of specifically identified state rules, regulations, policies, and procedures or provisions of this chapter upon the inclusion of such request in the local school system’s proposed contract and in accordance with subsection (b) of Code Section 20-2-84. The goal for each waiver and variance shall be improvement of student performance. The state board shall not be authorized to waive or approve variances on any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; the early intervention program provided for in Code Section 20-2-153; any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title; the requirements of Code Section 20-2-210; the requirements of Code Section 20-2-211.1; or the requirements in subsection (c) of Code Section 20-2-327. A local school system that has received a waiver or variance shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request.

History. Code 1981, § 20-2-82 , enacted by Ga. L. 2008, p. 82, § 1/HB 1209; Ga. L. 2010, p. 237, § 1C/HB 1079; Ga. L. 2011, p. 635, § 2/HB 186; Ga. L. 2015, p. 1376, § 2/HB 502; Ga. L. 2020, p. 62, § 1-6/SB 68; Ga. L. 2021, p. 256, § 1/SB 59.

The 2015 amendment, effective July 1, 2015, inserted “the requirements of Code Section 20-2-210;” in the next to the last sentence of subsection (e).

The 2020 amendment, effective July 1, 2021, added the last sentence in subsection (c).

The 2021 amendment, effective July 1, 2021, inserted “the early intervention program provided for in Code Section 20-2-153;” in the middle of the third sentence of subsection (e).

Editor’s notes.

Ga. L. 2011, p. 635, § 1/HB 186, not codified by the General Assembly, provides: “The General Assembly finds that:

“(1) Our state’s long-term prosperity depends on supporting an education system that is designed to prepare our students for a global economy;

“(2) High school students and parents must understand that they have options for career pathway programs of study that join a college-ready academic core with quality career, technical, and agricultural education studies that result in a high school diploma and preparation for success in advanced training, an associate’s degree, a baccalaureate degree, and a career;

“(3) Local school systems must provide every student with choices that are academically rigorous and aligned to opportunities in high-demand, high-skill, high-wage career fields and to postsecondary career and technical pathways leading to advanced credentials or degrees;

“(4) The State Board of Education, the Board of Regents of the University System of Georgia, and the Board of Technical and Adult Education must work together so that academic courses that are embedded within career, technical, and agricultural education courses (CTAE) are given appropriate academic credit at the high school level and recognized at the postsecondary level;

“(5) Teachers should be provided with professional development opportunities that enforce the academically rigorous standards in relevant, project based coursework;

“(6) High school students should clearly understand the options for dual high school and postsecondary credit, and the state should properly fund these options;

“(7) Every state education agency, postsecondary institution, and local school system should provide all high school students with opportunities for accelerated learning through dual credit coursework leading to at least six postsecondary credits and have as a collective goal to graduate every student with postsecondary credit;

“(8) Georgia’s strategic industries must be partners in our public education system (secondary and postsecondary) so that they are assured that our high school graduates are prepared for success in the workforce;

“(9) Georgia’s public education system must incorporate many different types of assessments and certificates into their programs so that a student’s skill level is assessed and that it also has meaning to them for postsecondary and career success; and

“(10) Georgia’s students must understand that a high school diploma and some form of postsecondary credential are key to success in the workforce and earning a family living wage.”

Law reviews.

For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 115 (2011).

For article, “Education: Elementary and Secondary Education,” see 28 Ga. St. U.L. Rev. 115 (2011).

20-2-83. State board approval of local school board flexibility contract.

1. Upon approval of a proposed contract of a local school system which has requested flexibility, the state board shall enter into such contract with the local board of education.
2. The terms of the contract shall include, but not be limited to, accountability, flexibility, and consequences components as negotiated pursuant to subsection (a) of Code Section 20-2-82 and in accordance with Code Section 20-2-84.
3. The terms of the contract shall also include specific requirements relating to maintaining or achieving financial stability of the local school system, including ensuring that the local school system has not been designated as a high-risk local school system by the Department of Audits and Accounts pursuant to Code Section 20-2-67, or if it has been designated as a high-risk local school system, that it has a written corrective action plan in place and that local school system board members and appropriate personnel participate in required training to address the deficiencies.
4. Each contract shall be for a term of six years. The terms of the contract may provide for automatic extension of such contract if a local school system has met its accountability requirements.
5. The terms of a contract may be amended during the term of the contract only upon approval of the state board and the local board of education.

History. Code 1981, § 20-2-83 , enacted by Ga. L. 2008, p. 82, § 1/HB 1209; Ga. L. 2017, p. 75, § 3-2/HB 338; Ga. L. 2020, p. 62, § 1-7/SB 68.

The 2017 amendment, effective July 1, 2017, substituted “six years” for “five years” in the first sentence of subsection (c); and deleted “if warranted due to unforeseen circumstances and” preceding “upon approval” in subsection (d).

The 2020 amendment, effective July 1, 2021, added subsection (c) and redesignated former subsections (c) and (d) as present subsections (d) and (e), respectively.

Editor’s notes.

Ga. L. 2017, p. 75, § 1-1/HB 338, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘First Priority Act — Helping Turnaround Schools Put Students First.’”

Law reviews.

For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 169 (2017).

20-2-84. Accountability, flexibility, and consequences components of contract.

1. The accountability component of the contract provided in Code Section 20-2-83 shall include at least one of the student achievement measures in paragraphs (1) through (4) of this subsection, including both total scores and any needed targeted subgroups:
   1. High school graduation rates;
   2. SAT or ACT performance;
   3. State standardized test data, which may include end-of-grade assessments, end-of-course assessments, or a combination thereof;
   4. Advanced placement or international baccalaureate participation and performance; and
   5. Any other accountability measures included pursuant to Part 3 of Article 2 of Chapter 14 of this title.
2. The flexibility component of the contract provided in Code Section 20-2-83 shall include the waiver or variance of at least one of the areas in paragraphs (1) through (4) of this subsection as requested by the local school system:
   1. Class size requirements in Code Section 20-2-182;
   2. Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter;
   3. Certification requirements in Code Section 20-2-200;
   4. Salary schedule requirements in Code Section 20-2-212; and
   5. Any other requirements or provisions of this chapter as identified by the local school system and approved by the state board except as provided in subsection (e) of Code Section 20-2-82.
3. The consequences component of the contract provided in Code Section 20-2-83 shall include:
   1. Interventions or sanctions for failure to meet identified levels of achievement or for not showing specified levels of progress pursuant to Code Section 20-14-41, which may be accelerated; and
   2. Loss of governance of one or more nonperforming schools by the local school system in accordance with Code Section 20-2-84.1.

      Consequences shall be incurred upon noncompliance of a local school system with the accountability component of its contract; provided, however, that if a local school system has been in compliance with the accountability component of its contract for at least three years, consequences shall not be invoked upon the fifth year of the contract, and such school system may request an extension of its contract and corresponding flexibility from the state board. If the local school system or a school within the school system meets the performance goals in its contract for such school system or school by the end of the fifth year of the contract, the school system or school shall be deemed to have met its contract performance goals. The schedule of interventions or sanctions, including loss of governance, for failure to meet identified levels of achievement or specified levels of progress shall be mutually agreed upon in the contract. If the Office of Student Achievement recommends to the state board that loss of governance not be included in a contract with respect to a high-performing school, the contract may provide alternate terms with respect to that school.

History. Code 1981, § 20-2-84 , enacted by Ga. L. 2008, p. 82, § 1/HB 1209; Ga. L. 2013, p. 1061, § 3/HB 283; Ga. L. 2015, p. 21, § 1/HB 91; Ga. L. 2015, p. 92, § 3/SB 133; Ga. L. 2019, p. 1056, § 20/SB 52.

The 2015 amendments. —

The first 2015 amendment, effective March 30, 2015, substituted “end-of-grade assessments,” for “criterion-referenced competency tests, the Georgia High School Graduation Test,” in paragraph (a)(3). The second 2015 amendment deletes “pursuant to Code Section 20-14-41, which may be accelerated” from paragraph (1) of subsection (b). For effective date of this amendment, see the Editor’s note.

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted “high-performing school” for “high performing school” in the last sentence of the undesignated language at the end of subsection (c).

Editor’s notes.

The constitutional amendment proposed in Ga. L. 2015, p. 92, § 6(a)/SB 133, which would have revised paragraph (c)(1) to read as follows: “Interventions or sanctions for failure to meet identified levels of achievement or for not showing specified levels of progress; and”, was defeated in the general election held November 8, 2016.

Law reviews.

For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 115 (2015).

20-2-84.1. Loss of governance for nonperforming schools.

1. The State Board of Education shall, as provided for in the contract entered into with a local school system pursuant to Code Section 20-2-83, mandate the loss of governance of one or more of its nonperforming schools as a consequence of failure pursuant to paragraph (2) of subsection (c) of Code Section 20-2-84. Such loss of governance may include, but shall not be limited to:
   1. Conversion of a school to charter status with independent school level governance and a governance board with strong parental involvement;
   2. Operation of a school by a successful school system, as defined by the Office of Student Achievement, and pursuant to funding criteria established by the state board; or
   3. Operation of a school by a private entity, nonprofit or for profit, pursuant to a request for proposals issued by the department.
2. Loss of governance shall be invoked upon the end of the fifth year of the contract if the school system is in noncompliance as set out in the terms of the contract.

History. Code 1981, § 20-2-84.1 , enacted by Ga. L. 2008, p. 82, § 1/HB 1209; Ga. L. 2013, p. 1061, § 4/HB 283.

20-2-84.2. State monitoring.

1. The Office of Student Achievement shall revise the single state-wide accountability system established pursuant to paragraph (1) of subsection (a) of Code Section 20-14-26 for submission to the state board for approval to integrate the requirements of this article, to the greatest extent practicable, including, but not limited to, the loss of governance consequences provided for in Code Section 20-2-84.1.
2. The Department of Education shall monitor each local school system’s progress toward meeting its performance goals in its contract and shall notify the State Board of Education if a local school system is not in compliance with such performance goals. The department shall provide support and guidance to school systems not meeting their yearly progress goals.
3. The department shall monitor each local school system’s financial stability and provide support and guidance to local school systems that are designated as high-risk local school systems or moderate-risk local school systems by the Department of Audits and Accounts pursuant to Code Section 20-2-67 or are at risk of being designated as high-risk local school systems or moderate-risk local school systems.

History. Code 1981, § 20-2-84.2 , enacted by Ga. L. 2008, p. 82, § 1/HB 1209; Ga. L. 2020, p. 62, §§ 1-8, 2-2/SB 68.

The 2020 amendment, effective July 1, 2021, in subsection (b), in the first sentence, substituted “Department of Education” for “Office of Student Achievement”, deleted “the” preceding “notify”, and substituted “State Board of Education” for “department”; and added subsection (c).

20-2-84.3. Required notifications by local school systems.

No later than June 30, 2015, each local school system shall either notify the department of its intention to become a strategic waivers school system pursuant to this article or shall comply with subsection (b) of Code Section 20-2-80, electing to be a Title 20/No Waivers system.

History. Code 1981, § 20-2-84.3 , enacted by Ga. L. 2008, p. 82, § 1/HB 1209; Ga. L. 2011, p. 647, § 2/HB 192; Ga. L. 2015, p. 1376, § 2A/HB 502.

The 2015 amendment, effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: “(a) No more than five local school systems in the first calendar year may enter into a contract with the State Board of Education pursuant to this article.

“(b) No later than June 30, 2015, each local school system shall either notify the department of its intention to request increased flexibility pursuant to this article or shall comply with subsection (b) of Code Section 20-2-80.”

20-2-84.4. Other funding options.

The department may offer other funding options for local school systems which choose to enter into a contract pursuant to this article and may also offer other funding options for charter systems.

History. Code 1981, § 20-2-84.4 , enacted by Ga. L. 2008, p. 82, § 1/HB 1209.

20-2-84.5. Applicability to charter systems.

Except as otherwise provided in Code Section 20-2-84.4, this article shall not apply to a local school system which has become a charter system pursuant to Code Section 20-2-2063.2 or which is in the process of applying to become a charter system.

History. Code 1981, § 20-2-84.5 , enacted by Ga. L. 2008, p. 82, § 1/HB 1209.

20-2-84.6. Establishment of rules, regulations, and guidelines.

The State Board of Education shall be authorized to establish rules, regulations, and guidelines to effect the implementation of this article.

History. Code 1981, § 20-2-84.6 , enacted by Ga. L. 2008, p. 82, § 1/HB 1209.

20-2-85. Legislative findings; role of local boards of education and school councils.

1. The General Assembly recognizes the need to improve communication and participation of parents and the community in the management and operation of local schools. The General Assembly believes that parent and community support is critical to the success of students and schools. The intent of this article is to bring communities and schools closer together in a spirit of cooperation to solve difficult education problems, improve academic achievement, provide support for teachers and administrators, and bring parents into the school-based decision-making process. The establishment of school councils is intended to help local boards of education develop and nurture participation, bring parents and the community together with teachers and school administrators to create a better understanding of and mutual respect for each other’s concerns, and share ideas for school improvement. School councils shall be reflective of the school community.
2. The management and control of public schools shall be the responsibility of local boards of education, and the school leader shall be the principal. School councils shall provide advice, recommendations, and assistance and represent the community of parents and businesses. Each member of the council, as a community representative, shall be accorded the respect and attention deserving of such election.

History. Code 1981, § 20-2-85 , enacted by Ga. L. 2000, p. 618, § 10.

20-2-86. Operation of school councils; training programs; membership; management; roles and responsibilities.

1. By October 1, 2001, each local board of education that elects to participate in the Quality Basic Education Program provided for in Article 6 of this chapter shall have a school council operational at a minimum of one high school, one middle school, and one elementary school, except that if a school system does not have its schools organized in this manner the system shall designate schools for a school council as closely to the intent of this Code section as possible. By October 1, 2002, each local board of education shall have a school council operational in a minimum of 50 percent of the schools under its jurisdiction. Such school council shall operate pursuant to this Code section, and the local board of education shall assist all councils in their creation and operation. After two years of successful operation, and upon receiving a high performance designation by the Office of Student Achievement, the local board of education shall devolve to the school council such additional authority in matters of school operation as the local board deems appropriate. By October 1, 2003, each local board of education shall have a school council operational in each of the schools under its jurisdiction. Local boards of education may by board policy allow an alternative to a school council at a charter school, an alternative school, or a psychoeducation center if another governance body or advisory council exists that performs a comparable function.
2. The local board of education shall provide a training program to assist schools in forming a school council and to assist school councilmembers in the performance of their duties. Such program shall address the organization of councils, their purpose and responsibilities, applicable laws, rules, regulations and meeting procedures, and important state and local school system program requirements and shall provide a model school council organization plan. Additional training programs shall be offered to school councilmembers annually. The State Board of Education shall develop and make available a model school council training program.
3. Any member may withdraw from the council by delivering to the council a written resignation and submitting a copy to the secretary of the council or school principal. Should school councilmembers determine that a member of the council is no longer active in the council as defined by the bylaws of the council, the council may, by a majority vote, withdraw such person’s membership status, effective as of a date determined by the council.
4. The property and business of the council shall be managed by a minimum of seven school councilmembers of whom a majority shall constitute a quorum. The number of councilmembers shall be specified in the council’s bylaws. Members of the school council shall include:
   1. A number of parents or guardians of students enrolled in the school, excluding employees who are parents or guardians of such students, so that such parents or guardians make up a majority of the council and at least two of whom shall be businesspersons;
   2. At least two certificated teachers, excluding any personnel employed in administrative positions, who are employed at least four of the six school segments at the school;
   3. The school principal; and
   4. Other members as specified in the council’s bylaws, such as, but not limited to, students, staff, and representatives of school related organizations. Other businesspersons from the local business community may serve on the council and shall be selected by the other members of the school council. Selection procedures for these members and the business members shall be specified in the council’s bylaws.

      An employee of the local school system may serve as a parent representative on the council of a school in which his or her child is enrolled if such employee works at a different school. With the exception of the principal and the business representatives, members shall be elected by, and from among, the group they represent.

5. Members of the council shall serve for a term of two years or for such other term as may be specified in the council’s bylaws, except as provided in this subsection. The terms of the councilmembers shall be staggered. Upon the expiration of the terms of the two businessperson councilmembers in office on July 1, 2007, these member positions shall subsequently be filled by parent councilmembers; provided, however, that additional businesspersons may serve on the council if provided for in the council’s bylaws in accordance with paragraph (4) of subsection (d) of this Code section. Councilmembers may serve more than one term. The office of school councilmember shall be automatically vacated:
   1. If a member shall resign;
   2. If the person holding the office is removed as a member by an action of the council pursuant to this Code section; or
   3. If a member no longer meets the qualifications specified in this Code section.

      An election within the electing body for a replacement to fill the remainder of an unexpired term shall be held within 30 days, unless there are 90 days or less remaining in the term in which case the vacancy shall remain unfilled.

6. All meetings of the school council shall be open to the public. The council shall meet at least four times annually and the number of meetings shall be specified in the council’s bylaws. The council shall also meet at the call of the chairperson, or at the request of a majority of the members of the council. Notice by mail shall be sent to school councilmembers at least seven days prior to a meeting of the council and shall include the date, time, and location of the meeting. School councils shall be subject to Chapter 14 of Title 50, relating to open and public meetings, in the same manner as local boards of education. Each member is authorized to exercise one vote. A quorum must be present in order to conduct official council business. Members of the council shall not receive remuneration to serve on the council or its committees.
7. After providing public notice at least two weeks before the meeting of each electing body, the principal of each school shall call a meeting of electing bodies for the purpose of selecting members of the school council as required by this Code section. The electing body for the parent members shall consist of all parents and guardians eligible to serve as a parent member of the school council, and the electing body for the teacher members shall consist of all certificated personnel eligible to serve as a teacher member of the school council. The school council shall specify in its bylaws the month in which elections are to be held and shall specify a nomination and election process.
8. The school council shall adopt such bylaws as it deems appropriate to conduct the business of the council. The adoption of bylaws or changes thereto requires a two-thirds’ affirmative vote. The State Board of Education shall develop and make available model school council bylaws.
9. The school council shall have the same immunity as the local board of education in all matters directly related to the functions of the council.
10. 1. The officers of the school council shall be a chairperson, vice chairperson, and secretary. Officers of the council shall be elected by the council at the first meeting of the council following the election of school councilmembers; provided, however, that the chairperson shall be a parent member. The officers of the council shall hold office for the term specified in the council’s bylaws.
    2. The vice chairperson shall, in the absence or disability of the chairperson, perform the duties and exercise the powers of the chairperson and shall perform such other duties as shall be required by the council.
    3. The secretary shall attend all meetings, act as clerk of the council, and be responsible for recording all votes and minutes of all proceedings in the books to be kept for that purpose. The secretary shall give or cause to be given notice of all meetings of the council and shall perform such other duties as may be prescribed by the council.
11. The members of the school council are accountable to the constituents they serve and shall:
    1. Maintain a school-wide perspective on issues;
    2. Regularly participate in council meetings;
    3. Participate in information and training programs;
    4. Act as a link between the school council and the community;
    5. Encourage the participation of parents and others within the school community; and
    6. Work to improve student achievement and performance.
12. The minutes of the council shall be made available to the public, for inspection at the school office, and shall be provided to the councilmembers, each of whom shall receive a copy of such minutes within 20 days following each council meeting. All school councils shall be subject to Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, in the same manner as local boards of education.
13. At all meetings of the council every question shall be determined by a majority vote of members present, representing a quorum.
14. The term of office of all councilmembers shall begin and end on the dates specified in the council’s bylaws.
15. The council may appoint committees, study groups, or task forces for such purposes as it deems helpful and may utilize existing or new school advisory groups.
16. The local board of education shall provide all information not specifically made confidential by law, including school site budget and expenditure information and site average class sizes by grade, to the council as requested or as required by state law or state board rule. The local board shall also designate an employee of the school system to attend council meetings as requested by a school council for the purpose of responding to questions the council may have concerning information provided to it by the local board or actions taken by the local board. The central administration shall be responsive to requests for information from a school council.
17. The local board of education shall receive and consider all recommendations of the school council, including the annual report, as follows:
    1. Public notice shall be given to the community of the local board’s intent to consider school council reports or recommendations;
    2. Written notice shall be given to the members of the school council at least seven days prior to a local board meeting, along with a notice of intent to consider a council report or recommendation; and
    3. The members of the school council shall be afforded an opportunity to present information in support of the school council’s report or recommendation.

       The local board of education shall respond to recommendations of the school council within 60 days after being notified in writing of the recommendation.

18. The school principal shall have the following duties pertaining to school council activities:
    1. Cause to be created a school council pursuant to this Code section by convening the appropriate bodies to select school councilmembers; setting the initial agenda, meeting time, and location; and notifying all school councilmembers of the same;
    2. Perform all of the duties required by law and the bylaws of the council;
    3. Communicate all council requests for information and assistance to the local school superintendent and inform the council of responses or actions of the local school superintendent;
    4. Develop the school improvement plan and school operation plan and submit the plans to the school council for its review, comments, recommendations, and approval; and
    5. Aid in the development of the agenda for each meeting of the council after taking into consideration suggestions of councilmembers and the urgency of school matters. An item may be added to the agenda at the request of three or more councilmembers.
19. School councils are advisory bodies. The councils shall provide advice and recommendations to the school principal and, where appropriate, the local board of education and local school superintendent on any matter related to student achievement and school improvement, including, but not limited to, the following:
    1. School board policies;
    2. School improvement plans;
    3. Curriculum and assessments;
    4. Report cards issued or audits of the school conducted by the Office of Student Achievement;
    5. Development of a school profile which shall contain data as identified by the council to describe the academic performance, academic progress, services, awards, interventions, environment, and other such data as the council deems appropriate;
    6. School budget priorities, including school capital improvement plans;
    7. School-community communication strategies;
    8. Methods of involving parents and the community;
    9. Extracurricular activities in the school;
    10. School-based and community services;
    11. Community use of school facilities;
    12. Student discipline and attendance;
    13. Reports from the school principal regarding progress toward the school’s student achievement goals, including progress within specific grade levels and subject areas and by school personnel; and
    14. The method and specifications for the delivery of early intervention services or other appropriate services for underachieving students.
20. The role of the school council in the principal selection process shall be determined in policy written by the local board of education.

History. Code 1981, § 20-2-86 , enacted by Ga. L. 2000, p. 618, § 10; Ga. L. 2004, p. 107, § 1; Ga. L. 2007, p. 259, § 1/SB 72.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2004, “Office of Student Achievement” was substituted for “Office of Education Accountability” in subsection (a) and in paragraph (s)(4).

20-2-100. [Reserved] County school superintendent substituted for county school commissioner.

History. Ga. L. 1919, p. 288, § 146; Code 1933, § 32-1001; repealed by Ga. L. 2012, p. 358, § 5/HB 706, effective July 1, 2012.

Editor’s notes.

Ga. L. 2012, p. 358, § 5/HB 706 repealed and reserved this Code section, effective July 1, 2012.

20-2-101. Appointment of school superintendents.

1. Superintendents of each school system shall be employed by the local board of education under written contracts for a term of not less than one year and not more than three years. Any provision of any such contract which provides for an extension of the duration of employment thereunder, whether automatic or contingent upon the occurrence of one or more events, shall be void if that extension would result in employment under the contract, as extended, for a period which exceeds three years.
2. 1. No person shall be eligible to be appointed or employed as superintendent of schools of any county or independent school system unless such person is of good moral character, has never been convicted of any crime involving moral turpitude, and possesses acceptable business or management experience as specified by the Professional Standards Commission or the minimum valid certificate or a letter of eligibility for said certificate required by the Professional Standards Commission.
   2. No person shall be eligible to be appointed, employed, or to serve as superintendent of schools of any county or independent school system who has an immediate family member sitting on the local board of education for such school system or who has an immediate family member hired as or promoted to a principal, assistant principal, or system administrative staff on or after July 1, 2009, by that school system. As used in this subsection, the term “immediate family member” means a spouse, child, sibling, or parent or the spouse of a child, sibling, or parent whose term as a member of the local board of education or whose employment as a principal, assistant principal, or system administrative staff in the local school system began on or after January 1, 2010. Nothing in this Code section shall affect the employment of any person who is employed by a local school system on or before July 1, 2009, or who is employed by a local school system when an immediate family member becomes the superintendent for that school system.
3. Superintendents shall have such additional qualifications as may be prescribed by local law or policies of the local board for that school district, not inconsistent with the provisions of this chapter.
4. At any time during the 12 months immediately preceding the expiration of an appointed school superintendent’s contract or term of office, or when a vacancy in the office of school superintendent occurs, the local board may appoint and employ a successor in accordance with the above provisions of this Code section, notwithstanding that the terms of some or all of the board members will expire before the employment of the superintendent so appointed and employed begins.
5. A local school superintendent may concurrently serve as a principal, teacher, or in another staff position as directed by the local board in its sole discretion and in accordance with the terms of the contract between the superintendent and the local board. A local school superintendent may also serve concurrently as superintendent of one or more local school systems in accordance with the terms of his or her respective contracts and upon approval by each affected local school system.
6. No substantive or procedural right regarding employment or termination of employment of a superintendent by a local school system shall be created by this Code section. Rather, the terms and conditions of employment of a school superintendent by a local school system shall be determined exclusively by the contract between those parties and may include, without being limited to, the conditions under and procedures by which that contract may be terminated prior to the end of the term of that contract.

History. Ga. L. 1919, p. 288, § 147; Ga. L. 1931, p. 124, § 1; Code 1933, § 32-1002; Ga. L. 1993, p. 1279, § 8; Ga. L. 1994, p. 1315, § 1; Ga. L. 1996, p. 1182, § 1; Ga. L. 2008, p. 82, § 2/HB 1209; Ga. L. 2009, p. 782, § 3/HB 251; Ga. L. 2010, p. 452, § 9/SB 84.

History of Section.

The language of this Code section is derived from the decision in Olliff v. Hendrix, 172 Ga. 497 , 158 S.E. 11 (1931).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1993, in the first sentence of subsection (a) “Board of Education” was made lower case.

20-2-102. [Reserved] Qualifications of county school superintendents; filing proof of certification; exemptions.

History. Ga. L. 1919, p. 288, § 149; Code 1933, § 32-1004; Ga. L. 1939, p. 196, § 1; Ga. L. 1963, p. 356, §§ 1, 2; Ga. L. 1981, Ex. Sess., p. 8; Ga. L. 1983, p. 3, § 53; Ga. L. 1984, p. 22, § 20; Ga. L. 1986, p. 800, § 1; Ga. L. 1989, p. 1091, § 4; Ga. L. 1990, p. 8, § 20; and Ga. L. 1991, p. 1546, § 2; repealed by Ga. L. 1993, p. 1279, § 9, effective April 15, 1993.

Editor’s notes.

Ga. L. 2014, p. 866, § 20(3)/SB 340, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, reserved the designation of this Code section.

20-2-103. Oath of local school superintendent.

Before entering upon the discharge of his or her official duties, the local school superintendent shall take and subscribe to the following oath of office:

STATE OF GEORGIA COUNTY OF I, , do solemnly swear or affirm that I will truly perform the duties of local school superintendent of the School System to the best of my ability. I do further swear or affirm: (1) That I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof and that I will manage the finances of the local school system in compliance with all applicable laws and regulations; (2) That I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding; (3) That I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia; and (4) That I will support the Constitution of the United States and of this state. Signature of local school superintendent Typed name of local school superintendent Sworn and subscribedbefore me this dayof , .(SEAL).

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History. Ga. L. 1919, p. 288, § 152; Code 1933, § 32-1007; Ga. L. 2012, p. 358, § 6/HB 706; Ga. L. 2013, p. 141, § 20/HB 79; Ga. L. 2020, p. 62, § 1-9/SB 68.

The 2020 amendment, effective July 1, 2021, added “and that I will manage the finances of the local school system in compliance with all applicable laws and regulations” at the end of paragraph (1).

Cross references.

Official oaths, § 45-3-1 et seq.

20-2-104. Superintendents’ bonds.

Each county and independent system school superintendent must give bond with an approved surety company payable to the county or independent system board of education, the amount to be decided by the board. Such bond must be filed with the judge of the probate court of the county and a copy recorded on the records of the judge of the probate court; and it shall be the duty of the superintendent to send a certified copy of such bond to the State School Superintendent, which copy shall be recorded and kept on file at the State Board of Education.

History. Ga. L. 1919, p. 288, § 150; Ga. L. 1925, p. 250, § 1; Code 1933, § 32-1005; Ga. L. 1973, p. 577, § 1; Ga. L. 1974, p. 428, § 1.

20-2-105. [Reserved] Suspension of county school superintendent; notice and hearing; appeal.

History. Ga. L. 1919, p. 288, § 88; Code 1933, § 32-912; Ga. L. 1956, p. 747, § 1; Ga. L. 1974, p. 1104, § 2; Ga. L. 1983, p. 3, § 53; repealed by Ga. L. 1993, p. 1279, § 10, effective January 1, 1997.

Editor’s notes.

Ga. L. 2014, p. 866, § 20(4)/SB 340, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, reserved the designation of this Code section.

20-2-106. [Reserved] Removal of county school superintendent; notice and hearing; appeal.

History. Ga. L. 1919, p. 288, § 153; Code 1933, § 32-1008; Ga. L. 1947, p. 1189, §§ 2, 3a; Ga. L. 1956, p. 629, § 1; Ga. L. 1983, p. 3, § 53; repealed by Ga. L. 1993, p. 1279, § 11, effective January 1, 1997.

Editor’s notes.

Ga. L. 2014, p. 866, § 20(5)/SB 340, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, reserved the designation of this Code section.

20-2-107. [Reserved] Filling vacancies in office of county school superintendent.

History. Ga. L. 1887, p. 68, § 27; Ga. L. 1909, p. 154, § 4; Ga. L. 1919, p. 288, § 148; Code 1933, § 32-1003; Ga. L. 1958, p. 635, § 1; Ga. L. 1969, p. 289, § 1; Ga. L. 1981, Ex. Sess., p. 8; and Ga. L. 1992, p. 6, § 20; repealed by Ga. L. 1993, p. 1279, § 12, effective April 15, 1993.

Editor’s notes.

Ga. L. 2014, p. 866, § 20(6)/SB 340, effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, reserved the designation of this Code section.

20-2-108. Certification and classification of local school superintendents; compensation.

Each local school superintendent shall be certified and classified by the Professional Standards Commission as teachers are now classified and certified under Code Section 20-2-200. The superintendents shall receive salaries according to a schedule of minimum salaries fixed by the state board based on classification and certification in the same manner teachers are paid under Code Section 20-2-212; provided, however, that in no event shall the salary of a superintendent be less than $27,000.00 per year, such salary to be paid in equal monthly installments out of state funds; and in addition thereto, the local board of education shall allow additional compensation for the services to be rendered as may be in its judgment proper and just.

History. Ga. L. 1919, p. 288, § 151; Code 1933, § 32-1006; Ga. L. 1943, p. 274, § 1; Ga. L. 1946, p. 73, § 1; Ga. L. 1947, p. 1169, § 1; Ga. L. 1951, p. 628, § 1; Ga. L. 1987, p. 3, § 20; Ga. L. 1991, p. 1546, § 3; Ga. L. 1992, p. 1010, § 4; Ga. L. 1993, p. 1667, § 1; Ga. L. 2001, p. 4, § 20.

20-2-109. Duties of local school superintendents; reporting.

1. The local school superintendent shall constitute the medium of communication between the State School Superintendent and subordinate local school officers. The local school superintendent shall be the executive officer of the local board of education; shall be the agent of the local board in procuring such school equipment and materials as it may order; shall ensure that the prescribed textbooks are used by students; shall verify all accounts before an application is made to the local board for an order for payment; and shall keep a record of all official acts, which, together with all the books, papers, and property appertaining to the office, shall be turned over to the successor. It shall be the local school superintendent’s duty to enforce all regulations and rules of the State School Superintendent and of the local board according to the laws of the state and the rules and regulations made by the local board that are not in conflict with state laws; and to visit every school within the local school system to become familiar with the studies taught in the schools, observe what advancement is being made by the students, counsel with the faculty, and otherwise aid and assist in the advancement of public education.
2. The local school superintendent shall report monthly to the local board of education the financial status of the local school system in accordance with Code Section 20-2-58. Each local board of education which governs a local school system that has been designated as a high-risk local school system or moderate-risk local school system by the Department of Audits and Accounts pursuant to Code Section 20-2-67 shall require the local school superintendent to complete training on financial management and financial governance of a local school system.

History. Ga. L. 1919, p. 288, § 154; Code 1933, § 32-1009; Ga. L. 1988, p. 612, § 3; Ga. L. 2020, p. 62, § 1-10/SB 68.

The 2020 amendment, effective July 1, 2021, designated the existing provisions as subsection (a) and added subsection (b).

20-2-110. [Reserved] Offices for county school superintendents.

History. Ga. L. 1919, p. 288, § 157; Code 1933, § 32-1012; repealed by Ga. L. 2013, p. 1061, § 5/HB 283, effective July 1, 2013.

Editor’s notes.

Ga. L. 2013, p. 1061, § 5/HB 283 repealed and reserved this Code section, effective July 1, 2013.

20-2-111. Administration of oaths by county school superintendents and county board members.

The county school superintendent and members of the county board of education are authorized to administer oaths necessary in transacting school business or in conducting investigations before the county boards when sitting as judicial tribunals for determining controversies arising under school laws.

History. Ga. L. 1919, p. 288, § 158; Code 1933, § 32-1013.

20-2-130. Short title.

This article shall be known and may be cited as the “Quality Basic Education Act.”

History. Code 1981, § 20-2-130 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1.

20-2-131. Objectives and purposes of program.

The General Assembly of Georgia, recognizing the need for:

1. Implementing a highly rigorous curriculum to encompass content standards in public schools state wide which ensures that each student is provided ample opportunity to develop competencies necessary for lifelong learning as well as the competencies needed to maintain good physical and mental health, to participate actively in the governing process and community activities, to protect the environment and conserve public and private resources, and to be an effective worker and responsible citizen of high character;
2. Providing all children and youth in Georgia with access to a quality program which supports their development of essential competencies in order that they may realize their potential;
3. Providing an equitable public education finance structure which ensures that every student has an opportunity for a quality basic education, regardless of where the student lives, and ensures that all Georgians pay their fair share of this finance structure;
4. Establishing and maintaining state-wide standards which ensure that each student has access to a quality program;
5. Making teaching an attractive and rewarding profession in order to attract, retain, and fully utilize highly competent personnel in all public schools of the state;
6. Providing effective staff development and attractive incentive programs which will motivate public school personnel to enhance their competencies and perform to their potential throughout their career;
7. Providing local school systems with the incentives, resources, and technical assistance they need to plan and implement improvements in their programs on a continuing basis;
8. Providing parents and the general public with information on the quality of schools and the achievement of the public school students in Georgia;
9. Providing appropriate school facilities in which quality educational programs can be offered, particularly in the small and sparsely populated school systems;
10. Providing an accountability system to ensure that all students are receiving a quality instructional program so that all students can achieve at their highest level;
11. Providing a seamless education system to allow for the delivery of educational programs at all levels and the movement of students between programs and education agencies as efficiently and effectively as possible and to provide for coordination on a continuing basis between agencies responsible for education services;
12. Providing a safe school environment so that students can learn and mature without fear of violence or intimidation;
13. Providing access to nursing services so that teachers can deliver instructional services without the added responsibility of addressing students’ nursing needs and so that students can receive nursing services while at school;
14. Providing academic intervention programs designed to assist students who are performing below grade level in order to increase their mastery of critical academic knowledge and skills;
15. Providing an alternative educational environment for those students who need a different educational structure in order to properly master critical academic knowledge and skills and to provide an environment where they can stay in school and acquire the knowledge and skills necessary for a productive life;
16. Providing students with advice and assistance in planning their academic and work careers and achieving those goals;
17. Providing an evaluation process for all school system personnel to assure the public that personnel are performing at acceptable levels and providing quality educational services to all students;
18. Providing an environment where parents and the community can participate in school activities and support school personnel as they work with students and address their academic needs;
19. Providing for parent and community participation in the establishment of school programs, policies, and management so that the school and community are connected in meaningful and productive ways and providing support for teachers and school leaders in addressing the school’s needs; and
20. Providing a means whereby the foregoing might be met in order to provide an opportunity for a quality basic education to the citizens of the state and to discharge the responsibilities and obligations of the state to ensure a literate and informed society

    does establish the Quality Basic Education Program. It is declared to be the policy of this state to assure that each Georgian has access to quality instruction, as defined in this article, designed to improve upon a student’s learning capacity. It is further declared that no student shall be refused admission into or be excluded from any public school in the state on account of race, creed, color, or national origin.

History. Code 1981, § 20-2-131 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 2000, p. 618, § 11; Ga. L. 2015, p. 1376, § 3/HB 502.

The 2015 amendment, effective July 1, 2015, substituted “highly rigorous curriculum to encompass content standards” for “quality basic education” near the beginning of paragraph (1).

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-132. Primary goals of article.

It is the intent of the General Assembly that the primary goals of this article shall be as follows:

1. A substantial reduction in the number of teachers who leave the teaching profession for reasons of job dissatisfaction;
2. A decrease in the percentage and number of students who enter school but drop out prior to graduation;
3. The elimination of emergency teaching certificates and waivers for teaching outside of specialty;
4. A decrease in the percentage of students who fail to attain passing scores on end-of-course assessments;
5. A significant increase in the test scores of Georgia students who take the Scholastic Assessment Test (SAT) or the ACT Assessment (ACT);
6. An increase in the number of students mastering each skill in reading, mathematics, and other subject areas;
7. An accountability system for education programs that measures efficiency and effectiveness and ensures that programs produce improvement in student achievement scores for all students;
8. A comprehensive program and financial information system that provides data that allow for the accurate evaluation of program effectiveness;
9. A seamless education system that allows students to be served in the most effective and efficient way possible;
10. The elimination of school violence;
11. A decrease in the percentage of students who perform below grade level;
12. An increase in parental and community involvement in schools;
13. Better coordination between education agencies and other organizations providing instructional and related services to students;
14. A more competent school work force through the effective use of evaluation tools, training, and school improvement teams that promote best practices; and
15. More flexibility for high-performing schools so that services can be better adapted to student needs.

History. Code 1981, § 20-2-132 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 2000, p. 618, § 12; Ga. L. 2015, p. 21, § 2/HB 91.

The 2015 amendment, effective March 30, 2015, substituted “fail to attain passing scores on end-of-course assessments” for “fail the Georgia High School Graduation Test” in paragraph (4).

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-133. Free public instruction; exceptions; eligibility; procedure and requirements when child in custody of or in a placement or facility of a state agency.

1. Admission to the instructional programs funded under this article shall be free to all eligible children and youth who enroll in such programs within the local school system in which they reside and to children as provided in subsection (b) of this Code section. Therefore, a local school system shall not charge resident students tuition or fees, nor shall such students be required to provide materials or equipment except for items specified by the State Board of Education, as a condition of enrollment or full participation in any instructional program. However, a local school system is authorized to charge nonresident students tuition or fees or a combination thereof; provided, however, that such charges to a student shall not exceed the average locally financed per student cost for the preceding year, excluding the local five mill share funds required pursuant to Code Section 20-2-164; provided, further, that no child described in subparagraph (A) of paragraph (1) of subsection (b) of this Code section shall be charged tuition, fees, or a combination thereof. A local school system is further authorized to contract with a nonresident student’s system of residence for payment of tuition. The amount of tuition paid directly by the system of residence shall be limited only by the terms of the contract between systems. Local units of administration shall provide textbooks or any other reading materials to each student enrolled in a class which has a course of study that requires the use of such materials by the students.
2. 1. 1. Any child, except as otherwise specifically provided in subparagraph (D) of this paragraph, who is:
         1. In the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions;
         2. In a placement operated by the Department of Human Services or the Department of Behavioral Health and Developmental Disabilities;
         3. In a facility or placement paid for by the Department of Juvenile Justice, the Department of Human Services or any of its divisions, or the Department of Behavioral Health and Developmental Disabilities; or
         4. Placed in a psychiatric residential treatment facility by his or her parent or legal guardian pursuant to a physician’s order, if such child is not a home study, private school, or out-of-state student

            and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. Except for children who are committed to the Department of Juvenile Justice and receiving education services under Code Section 20-2-2084.1, the local unit of administration of the school district in which such child is present shall be responsible for the provision of all educational programs, including special education and related services, at no charge so long as the child is physically present in the school district.

      2. A child shall be considered in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions if custody has been awarded either temporarily or permanently by court order or by voluntary agreement, or if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Human Services. A child shall be considered in a facility or placement paid for or operated by the Department of Behavioral Health and Developmental Disabilities if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Behavioral Health and Developmental Disabilities or its contractors.
      3. A facility providing educational services onsite to a child described in subparagraph (A) of this paragraph who is unable to leave such facility shall enter into a memorandum of understanding with the local unit of administration in which the facility is located. Such memorandum of understanding shall include, at a minimum, provisions regarding enrollment counting procedures, allocation of funding based on actual days of enrollment in the facility, and the party responsible for employing teachers. A memorandum of understanding shall be reviewed and renewed at least every two years.
      4. No child in a secure residential facility as defined in Code Section 15-11-2, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which such facility is located. No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held; provided, however, that such child or youth may be eligible for enrollment in a state charter school pursuant to Code Section 20-2-2084.1.
   2. Except as otherwise provided in this Code section, placement in a facility by another local unit of administration shall not create an obligation, financial or otherwise, on the part of the local unit of administration in which the facility is located to educate the child.
   3. For any child described in subparagraph (A) of paragraph (1) of this subsection, the custodian of or placing agency for the child shall notify the appropriate local unit of administration at least five days in advance of the move, when possible, when the child is to be moved from one local unit of administration to another.
   4. When the custodian of or placing agency for any child notifies a local unit of administration, as provided in paragraph (3) of this subsection, that the child may become eligible for enrollment in the educational programs of a local unit of administration, such local unit of administration shall request the transfer of the educational records and Individualized Education Programs and all education related evaluations, assessments, social histories, and observations of the child from the appropriate local unit of administration no later than ten days after receiving notification. Notwithstanding any other law to the contrary, the custodian of the records has the obligation to transfer these records and the local unit of administration has the right to receive, review, and utilize these records. Notwithstanding any other law to the contrary, upon the request of a local unit of administration responsible for providing educational services to a child described in subparagraph (A) of paragraph (1) of this subsection, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services shall furnish to the local unit of administration all medical and educational records in the possession of the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services pertaining to any such child, except where consent of a parent or legal guardian is required in order to authorize the release of any of such records, in which event the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, or the Department of Human Services shall obtain such consent from the parent or guardian prior to such release.
   5. Any local unit of administration which serves a child pursuant to subparagraph (A) of paragraph (1) of this subsection shall receive in the form of annual grants in state funding for that child the difference between the actual state funds received for that child pursuant to Code Section 20-2-161 and the reasonable and necessary expenses incurred in educating that child, calculated pursuant to regulations adopted by the State Board of Education. Each local board of education shall be held harmless by the state from expending local funds for educating students pursuant to this Code section; provided, however, that this shall only apply to students who are unable to leave the facility in which they have been placed.
   6. Enrollment of an eligible child pursuant to this Code section shall be effectuated in accordance with rules and regulations adopted by the State Board of Education.
   7. For purposes of the accountability program provided for in Part 3 of Article 2 of Chapter 14 of this title, all facilities serving children described in subparagraph (A) of paragraph (1) of this subsection shall be, consistent with department rules and regulations, treated as a single local education agency; provided, however, that this paragraph shall not be construed to alleviate any responsibilities of the local unit of administration of the school district in which any such children are physically present for the provision of education for any such children.
   8. The Department of Education, the State Charter Schools Commission, the Department of Human Services, the Department of Juvenile Justice, the Department of Behavioral Health and Developmental Disabilities, and the local units of administration where Department of Education, State Charter Schools Commission, Department of Juvenile Justice, Department of Behavioral Health and Developmental Disabilities, or Department of Human Services placements, facilities, or contract facilities are located shall jointly develop procedures binding on all agencies implementing the provisions of this Code section applicable to children and youth in the physical or legal custody of the Department of Juvenile Justice, under the care or physical or legal custody of the Department of Human Services, or under the physical custody of the Department of Behavioral Health and Developmental Disabilities.

History. Code 1981, § 20-2-133 , enacted by Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 612, § 4; Ga. L. 1989, p. 1693, § 1; Ga. L. 1991, p. 1825, § 1; Ga. L. 1992, p. 1983, § 20; Ga. L. 1997, p. 1453, § 1; Ga. L. 1998, p. 1582, § 1; Ga. L. 1999, p. 296, § 24; Ga. L. 2000, p. 618, § 96; Ga. L. 2006, p. 1052, § 1/SB 618; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2010, p. 286, § 15/SB 244; Ga. L. 2013, p. 187, § 1/SB 115; Ga. L. 2013, p. 294, § 4-32/HB 242; Ga. L. 2016, p. 443, § 2-1/SB 367; Ga. L. 2018, p. 330, § 1/HB 853.

The 2016 amendment, effective July 1, 2016, in paragraph (b)(1), substituted “Except for children who are committed to the Department of Juvenile Justice and receiving education services under Code Section 20-2-2084.1, the” for “The” at the beginning of the second sentence, made a minor capitalization change, and added the proviso at the end of the last sentence; and, in paragraph (b)(8), inserted “the State Charter Schools Commission,” near the beginning and inserted “State Charter Schools Commission,” near the middle.

The 2018 amendment, effective July 1, 2018, in subsection (a), substituted “described in subparagraph (A) of paragraph (1) of subsection (b) of this Code section” for “in a placement operated by the Department of Human Services or the Department of Behavioral Health and Developmental Disabilities or for which payment is made by the Department of Juvenile Justice, the Department of Human Services or any of its divisions, or the Department of Behavioral Health and Developmental Disabilities and no child who is in the physical or legal custody of the Department of Juvenile Justice, under the care or physical or legal custody of the Department of Human Services or any of its divisions, or under the physical custody of the Department of Behavioral Health and Developmental Disabilities” in the middle of the third sentence; substituted the present provisions of paragraph (b)(1) for the former provisions, which read: “Any child, except a child in a secure residential facility as defined in Code Section 15-11-2, as specifically provided in this paragraph, who is in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services; in a placement operated by the Department of Human Services or the Department of Behavioral Health and Developmental Disabilities; or in a facility or placement paid for by the Department of Juvenile Justice, the Department of Human Services or any of its divisions, or the Department of Behavioral Health and Developmental Disabilities and who is physically present within the geographical area served by a local unit of administration for any length of time is eligible for enrollment in the educational programs of that local unit of administration; provided, however, that the child meets the age eligibility requirements established by this article. Except for children who are committed to the Department of Juvenile Justice and receiving education services under Code Section 20-2-2084.1, the local unit of administration of the school district in which such child is present shall be responsible for the provision of all educational programs, including special education and related services, at no charge so long as the child is physically present in the school district. A child shall be considered in the physical or legal custody of the Department of Juvenile Justice or the Department of Human Services or any of its divisions if custody has been awarded either temporarily or permanently by court order or by voluntary agreement, or if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Human Services. A child shall be considered in a facility or placement paid for or operated by the Department of Behavioral Health and Developmental Disabilities if the child has been admitted or placed according to an individualized treatment or service plan of the Department of Behavioral Health and Developmental Disabilities. No child in a secure residential facility as defined in Code Section 15-11-2, regardless of his or her custody status, shall be eligible for enrollment in the educational programs of the local unit of administration of the school district in which such facility is located. No child or youth in the custody of the Department of Corrections or the Department of Juvenile Justice and confined in a facility as a result of a sentence imposed by a court shall be eligible for enrollment in the educational programs of the local unit of administration of the school district where such child or youth is being held; provided, however, that such child or youth may be eligible for enrollment in a state charter school pursuant to Code Section 20-2-2084.1.”; deleted “by a parent or” following “in a facility” near the middle of paragraph (b)(2); and inserted “subparagraph (A) of” in paragraphs (b)(3) through (b)(5) and (b)(7). See Editor’s notes for applicability.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1991, “The Department” was substituted for “The State Department” at the beginning of paragraph (b)(7) (now paragraph (b)(8)).

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

Ga. L. 2013, p. 294, § 5-1/HB 242, not codified by the General Assembly, provides that: “This Act shall become effective on January 1, 2014, and shall apply to all offenses which occur and juvenile proceedings commenced on and after such date. Any offense occurring before January 1, 2014, shall be governed by the statute in effect at the time of such offense and shall be considered a prior adjudication for the purpose of imposing a disposition that provides for a different penalty for subsequent adjudications, of whatever class, pursuant to this Act. The enactment of this Act shall not affect any prosecutions for acts occurring before January 1, 2014, and shall not act as an abatement of any such prosecutions.”

Ga. L. 2018, p. 330, § 2/HB 853, not codified by the General Assembly, provides: “This Act shall not be construed to create a precedent that state education funds always follow a student who leaves a public school to attend a private school or be admitted to a facility, if not already provided for by law.”

Law reviews.

For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 139 (2016).

20-2-140. State Board of Education to establish uniformly sequenced content standards; college and career readiness competency standards.

1. The State Board of Education shall establish uniformly sequenced content standards that each student is expected to master prior to completion of the student’s public school education. The state board shall adopt content standards for students in kindergarten through grade 12. Each local unit of administration may expand and enrich the content standards to the extent it deems necessary and appropriate for its students and communities. Each local school system shall adopt its own curriculum which shall include appropriate instruction in the content standards.
2. The State Board of Education, working with the Board of Regents of the University System of Georgia and the State Board of the Technical College System of Georgia, shall establish college and career readiness standards to demonstrate competency in reading, writing, and mathematics aligned with the content standards adopted by the state board pursuant to subsection (a) of this Code section with the level of performance necessary to meet college-readiness standards in the state’s technical colleges, community colleges, state colleges, and universities and in other advanced training programs.
3. The State Board of the Technical College System of Georgia shall require its institutions to accept core coursework completed by high school students for purposes of admission into its institutions.

History. Code 1981, § 20-2-140 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 2011, p. 635, § 3/HB 186; Ga. L. 2012, p. 689, § 1/HB 713; Ga. L. 2015, p. 1376, § 4/HB 502.

The 2015 amendment, effective July 1, 2015, substituted the present provisions of subsection (a) for the former provisions, which read: “The State Board of Education shall establish competencies that each student is expected to master prior to completion of the student’s public school education. The state board shall also establish competencies for which each student should be provided opportunities, at the discretion of the student and the student’s parents, to master. Based upon these foregoing competencies, the state board shall adopt a uniformly sequenced core curriculum for grades kindergarten through 12. Each local unit of administration shall include this uniformly sequenced core curriculum as the basis for its own curriculum, although each local unit may sequence, expand, and enrich this curriculum to the extent it deems necessary and appropriate for its students and communities.”; and substituted “standards to demonstrate competency in reading, writing, and mathematics aligned with the core content standards” for “competency standards in reading, writing, and mathematics aligned with the core curriculum” near the middle of subsection (b).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2011, “the State Board of the Technical College System of Georgia” was substituted for “the Board of Technical and Adult Education” in subsections (b) and (c).

Editor’s notes.

Ga. L. 2011, p. 635, § 1/HB 186, not codified by the General Assembly, provides: “The General Assembly finds that:

“(1) Our state’s long-term prosperity depends on supporting an education system that is designed to prepare our students for a global economy;

“(2) High school students and parents must understand that they have options for career pathway programs of study that join a college-ready academic core with quality career, technical, and agricultural education studies that result in a high school diploma and preparation for success in advanced training, an associate’s degree, a baccalaureate degree, and a career;

“(3) Local school systems must provide every student with choices that are academically rigorous and aligned to opportunities in high-demand, high-skill, high-wage career fields and to postsecondary career and technical pathways leading to advanced credentials or degrees;

“(4) The State Board of Education, the Board of Regents of the University System of Georgia, and the Board of Technical and Adult Education must work together so that academic courses that are embedded within career, technical, and agricultural education courses (CTAE) are given appropriate academic credit at the high school level and recognized at the postsecondary level;

“(5) Teachers should be provided with professional development opportunities that enforce the academically rigorous standards in relevant, project based coursework;

“(6) High school students should clearly understand the options for dual high school and postsecondary credit, and the state should properly fund these options;

“(7) Every state education agency, postsecondary institution, and local school system should provide all high school students with opportunities for accelerated learning through dual credit coursework leading to at least six postsecondary credits and have as a collective goal to graduate every student with postsecondary credit;

“(8) Georgia’s strategic industries must be partners in our public education system (secondary and postsecondary) so that they are assured that our high school graduates are prepared for success in the workforce;

“(9) Georgia’s public education system must incorporate many different types of assessments and certificates into their programs so that a student’s skill level is assessed and that it also has meaning to them for postsecondary and career success; and

“(10) Georgia’s students must understand that a high school diploma and some form of postsecondary credential are key to success in the workforce and earning a family living wage.”

Law reviews.

For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 115 (2011).

For article, “Education: Elementary and Secondary Education,” see 28 Ga. St. U.L. Rev. 115 (2011).

20-2-140.1. Online learning.

The State Board of Education shall establish rules and regulations to maximize the number of students, beginning with students entering ninth grade in the 2014-2015 school year, who complete prior to graduation at least one course containing online learning. This shall be met through an online course offered by the Georgia Virtual School established pursuant to Code Section 20-2-319.1, through the clearing-house established pursuant to Code Section 20-2-319.3, through an online dual enrollment course offered by a postsecondary institution, or through a provider pursuant to Code Section 20-2-319.4. This shall also include enrollment in a full-time or part-time virtual instruction program pursuant to Code Section 20-2-319.4.

History. Code 1981, § 20-2-140.1 , enacted by Ga. L. 2012, p. 893, § 1/SB 289; Ga. L. 2015, p. 1376, § 5/HB 502.

The 2015 amendment, effective July 1, 2015, in the second sentence, inserted “through the clearing-house established pursuant to Code Section 20-2-319.3,” and substituted “pursuant to Code Section 20-2-319.4” for “approved pursuant to subsection (c) of Code Section 20-2-319.4”.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2012, “ Code Section 20-2-319.4” was substituted for “ Code Section 20-2-319.3” at the end of the second and last sentences.

20-2-141. Review of competencies and core curriculum.

The State Board of Education shall establish at least once every four years a review of the adopted competencies and uniformly sequenced core curriculum by a task force broadly representative of educational interests and the concerned public. After considering the findings and recommendations of the task force, the state board shall make such changes in the student competencies lists and core curriculum as it deems in the best interest of the state and its citizens and shall report such proposed changes to local school systems and the General Assembly for review.

History. Code 1981, § 20-2-141 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1.

20-2-142. Prescribed courses.

1. 1. All elementary and secondary schools which receive in any manner funds from the state shall provide the following course offerings in the manner and at the grade level prescribed by the State Board of Education:
      1. A course of study in the background, history, and development of the federal and state governments and a study of Georgia county and municipal governments; and
      2. A course of study in the history of the United States and in the history of Georgia and in the essentials of the United States and Georgia Constitutions, including the study of American institutions and ideals which shall include a study of the Pledge of Allegiance to the flag of the United States and the Georgia flag in addition to other institutions and ideals.
   2. No student shall be eligible to receive a diploma from a high school unless such student has successfully completed the courses in history and government provided for by this subsection, except as provided in paragraphs (3) and (4) of this subsection. For students moving to Georgia and unable to take the course or courses available to fulfill these requirements in the grade level in which such course or courses are ordinarily offered, the State Board of Education may develop alternative methods, which may include but shall not be limited to an on-line course of study, for such students to learn about and demonstrate an adequate understanding of federal or Georgia history and government.
   3. Disabled students who are otherwise eligible for a special education diploma pursuant to subsection (c) of Code Section 20-2-281 shall not be denied this diploma if they have not successfully completed either or both of these courses; provided, however, that their Individualized Education Programs have not specified that the disabled students must enroll in and successfully complete both of these courses.
   4. The State Board of Education shall promulgate rules and regulations governing the required course of study in the history of Georgia and in the essentials of the Georgia Constitution for students who transfer from another state after having completed the year in which such course or courses are ordinarily offered. The State Board of Education is authorized to provide for exemptions to the required course of study for such students and for students whose parent or parents serve in the armed forces of the United States.
2. 1. The State Board of Education and the Board of Driver Services shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The state board and the Board of Driver Services shall jointly, by rules or regulations, determine the contents of the course and its duration. The commissioner of driver services shall make available officers, employees, officials, agents, contractors, or other appropriate representatives as determined by the commissioner of driver services to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to students in grades nine and above in the manner prescribed by the state board.
   2. The alcohol and drug course required by this subsection shall make available as a part of such course a voluntary parent or guardian participation component which substantially complies with the following requirements:
      1. A joint session with the parent or guardian and child which provides opportunities for parents or guardians to voluntarily participate in the guidance and delivery of the antidrug and antialcohol instruction; and
      2. A separate voluntary component solely for parental or guardian instruction that provides drug prevention strategies, legal accountability information, an opportunity for parent or guardian questions, and any other information that would offer parents or guardians a framework for the protection of their children from alcohol and other drug use.
   3. All schools with grade nine or above which receive funds in any manner from the state shall make available to eligible students and their parents or guardians the alcohol and drug course provided in this subsection.
   4. The commissioner of driver services shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of driver services shall offer the alcohol and drug course periodically at various locations in this state in the manner provided by the Board of Driver Services. The commissioner shall also be authorized to offer such course electronically online or in such other manner as determined appropriate by the commissioner.
3. 1. The State Board of Education shall prescribe a course of study in health and physical education for all grades and grade levels in the public schools and shall establish minimum time requirements and standards for its administration. The course shall include instruction concerning the impact of alcohol, tobacco, vapor products, and drug use upon health. A manual setting out the details of such courses of study shall be prepared or approved by the State School Superintendent in cooperation with the Department of Public Health, the state board, and such expert advisers as they may choose. The Department of Education is directed to assemble or develop instructional resources and materials concerning alcohol and drug abuse, taking into consideration technological enhancements available for utilization of such instructional resources.
   2. The State Board of Education shall prescribe a course of study in human trafficking awareness for grades six through 12, which may be included as part of the health and physical education course of study provided for in paragraph (1) of this subsection.
4. The funds allocated under Code Section 20-2-13 shall be used for the purpose of creating and maintaining state educational research services for purposes which shall include, but shall not be limited to, the following:
   1. For the development, production, and procurement of curriculum materials and units of instruction on the scientific facts in regard to the influence and effect of alcohol on human health and behavior and on social and economic conditions, including suggested methods of instruction in ways of working with boys and girls and young people in the various age groups and grade levels of the public schools of the state, as aids to classroom teachers and others responsible for the conduct of the educational program in the public schools;
   2. For the publication, procurement, and dissemination of curriculum materials, units of instruction, and suggested methods of instruction relating to the influence and effect of alcohol on human health and behavior and on social and economic conditions for the school teachers and educational officials in the various local school systems of the state, the Department of Education, and the various educational institutions of the state which are engaged in the education and training of teachers; and
   3. For cooperative work, by and between the state educational research service and the local school systems of the state, the Department of Education, and the educational institutions of the state which are engaged in the education and training of teachers, through conferences, study groups, demonstrations of methods and materials of instruction, and other means.
5. The state board is authorized to expend such amounts as may be necessary of the moneys allocated to it under Code Section 20-2-13 for the employment of a specialist or specialists or for contracting for the services of specialists in research and in development and production of curriculum materials and units of instruction on the scientific facts in regard to the influence of alcohol on human health and behavior and on social and economic conditions, including methods of instruction; for the employment of secretarial and clerical assistants and other office expenses; for expenses of conferences, study groups, and demonstrations; and for all other expenses necessary in carrying out the purposes of this Code section.
6. The state board shall make available uniformly to the public schools of the state and the educational institutions of the state engaged in the education and training of teachers the curriculum materials, the units of instruction, and the suggested methods of instruction which are developed under this Code section.

History. Code 1981, § 20-2-142 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1990, p. 1972, § 2; Ga. L. 1992, p. 6, § 20; Ga. L. 1996, p. 6, § 20; Ga. L. 1996, p. 1600, § 1; Ga. L. 2000, p. 618, § 13; Ga. L. 2001, p. 4, § 20; Ga. L. 2004, p. 107, § 2; Ga. L. 2005, p. 60, § 20/HB 95; Ga. L. 2005, p. 334, § 9-1/HB 501; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2010, p. 413, § 1/SB 518; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2012, p. 72, § 1/SB 236; Ga. L. 2015, p. 1376, § 6/HB 502; Ga. L. 2021, p. 101, § 1/HB 287.

The 2015 amendment, effective July 1, 2015, deleted “in its quality core curriculum” following “State Board of Education” at the end of paragraph (a)(1).

The 2021 amendment, effective July 1, 2021, designated the existing provisions of subsection (c) as paragraph (c)(1), inserted “vapor products,” near the end of the second sentence in paragraph (c)(1), and added paragraph (c)(2).

Cross references.

Possession of alcoholic beverages on public school grounds, § 3-3-21.1 .

Sale of alcoholic beverages by or to individuals under age 21, § 3-3-23 et seq.

Referral to victim assistance organizations of child suspected of being a victim of sexual exploitation or trafficking, § 15-11-130.1 .

Trafficking of persons for labor or sexual servitude, § 16-5-46 .

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

Administrative rules and regulations.

Instruction in United States and Georgia history and government, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Division of General Instruction, Sec. 160-4-2-.07.

Law reviews.

For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

20-2-142.1. Coursework in the founding philosophy and principles of the United States of America.

1. The General Assembly finds that the survival of the Republic requires that the nation’s children, who are the future guardians of its heritage and participants in its governance, have a clear understanding of the founding philosophy and the founding principles of our government, which are found in the Declaration of Independence, the United States Constitution, the Federalist Papers, and the writings of the founders, and an understanding of the preservation of such founding philosophy, principles, and documents.
2. This Code section shall be known and may be cited as the “America’s Founding Philosophy and Principles Act.”
3. Each local board of education may require all students, as a condition of graduation, during their ninth through twelfth grade years to complete and pass a separate semester course covering the following founding philosophy and principles of the United States of America:
   1. America’s founding philosophy, to include at least the following:
      1. As articulated in the Declaration of Independence the foundational idea of the Creator-endowed unalienable rights of the people;
      2. The purpose of limited government, which is to protect the unalienable rights of the people and to protect the people from violence and fraud;
      3. The structure of government, separation of powers, and checks and balances; and
      4. The rule of law, with frequent and free elections in a representative government which governs by majority vote within a constitutional framework;
   2. America’s founding principles, to include at least the following:
      1. Federalism-government as close to the people as possible, limited federal government, and strong state and local government;
      2. Freedoms of speech, press, religion, and peaceful assembly guaranteed by the Bill of Rights;
      3. Rights to private property and freedom of individual enterprise;
      4. The innocence of any crime until proven guilty, with right of habeas corpus, and no unreasonable searches, seizures, or cruel and unusual punishment;
      5. A virtuous and moral people educated in the philosophy and principles of government for a free people;
      6. The right to a speedy trial by a jury of peers;
      7. The principles of economy in spending, constitutional limitations on government power to tax and spend, and prompt payment of public debt;
      8. Economic system of money with intrinsic value;
      9. Equality before the law and due process of law with grand jury indictment for capital crimes before holding a person to account;
      10. The right of people to keep and bear arms, strong defense capability, supremacy of civil authority over military;
      11. Peace, commerce, and honest friendship with all nations, entangling alliances with none;
      12. All laws concise and understandable by the people and not ex post facto laws;
      13. Eternal vigilance by “We the People”; and
      14. Founding documents including Declaration of Independence, the United States Constitution, and the Federalist Papers; and
   3. Transformational movements in American history, to include at least the following:
      1. The antislavery movement;
      2. The Civil Rights movement;
      3. Women’s suffrage;
      4. The contributions of immigrants to American society; and
      5. The history of the Native American population.
4. The Department of Education and local boards of education, as appropriate, may provide, or cause to be provided, curriculum content which reflects the content standards addressed pursuant to subsection (c) of this Code section and teacher training to ensure that the intent and provisions of this Code section are implemented.
5. This Code section shall apply beginning in school year 2017-2018.

History. Code 1981, § 20-2-142.1 , enacted by Ga. L. 2015, p. 1376, § 6A/HB 502.

20-2-143. Sex education and AIDS prevention instruction; implementation; student exemption.

1. Each local board of education shall prescribe a course of study in sex education and AIDS prevention instruction for such grades and grade levels in the public school system as shall be determined by the State Board of Education. Such course of study shall implement either the minimum course of study provided for in subsection (b) of this Code section or its equivalent, as approved by the State Board of Education. Each local board of education shall be authorized to supplement and develop the exact approach of content areas of such minimum course of study with such specific curriculum standards as it may deem appropriate. Such standards shall include instruction relating to the handling of peer pressure, the promotion of high self-esteem, local community values, the legal consequences of parenthood, and abstinence from sexual activity as an effective method of prevention of pregnancy, sexually transmitted diseases, and acquired immune deficiency syndrome.
2. The State Board of Education shall prescribe a minimum course of study in sex education and AIDS prevention instruction which may be included as a part of a course of study in comprehensive health education for such grades and grade levels in the public school system as shall be determined by the state board and shall establish standards for its administration. The course may include instruction concerning human biology, conception, pregnancy, birth, sexually transmitted diseases, and acquired immune deficiency syndrome. The course shall include instruction concerning the legal consequences of parenthood, including, without being limited to, the legal obligation of both parents to support a child and legal penalties or restrictions upon failure to support a child, including, without being limited to, the possible suspension or revocation of a parent’s driver’s license and occupational or professional licenses. The course shall also include annual age-appropriate sexual abuse and assault awareness and prevention education in kindergarten through grade nine. A manual setting out the details of such course of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Public Health, the State Board of Education, and such expert advisers as they may choose.
3. The minimum course of study to be prescribed by the State Board of Education pursuant to subsection (b) of this Code section shall be ready for implementation not later than July 1, 1988. Each local board shall implement either such minimum course of study or its equivalent not later than July 1, 1989. Any local board of education which fails to comply with this subsection shall not be eligible to receive any state funding under this article until such minimum course of study or its equivalent has been implemented.
4. Any parent or legal guardian of a child to whom the course of study set forth in this Code section is to be taught shall have the right to elect, in writing, that such child not receive such course of study.

History. Code 1981, § 20-2-143 , enacted by Ga. L. 1988, p. 868, § 1; Ga. L. 1998, p. 600, § 1; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2018, p. 747, § 2A/SB 401; Ga. L. 2019, p. 1056, § 20/SB 52.

The 2018 amendment, effective July 1, 2018, added the fourth sentence of subsection (b).

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted “grade nine” for “grade 9” at the end of the fourth sentence of subsection (b).

Law reviews.

For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

20-2-144. Mandatory instruction concerning alcohol, tobacco, vapor products, and other drug use.

1. Each local board of education shall prescribe mandatory instruction concerning alcohol, tobacco, vapor products, and other drug use in every year in every grade from kindergarten through grade 12 as shall be determined by the State Board of Education. Such course of study shall implement the minimum course of study provided for in subsection (b) of this Code section or its equivalent, as approved by the State Board of Education.  Each local board of education may supplement the exact approach of content areas of such minimum course of study with such curriculum standards as it may deem appropriate.  Such standards shall include instruction which discourages the use of alcohol, tobacco, vapor products, and controlled substances and communicates that the use of illicit drugs and improper use of legally obtained drugs is wrong and dangerous.
2. The State Board of Education shall prescribe a minimum course of study of alcohol, tobacco, vapor products, and other drug use which may be included as a part of a course of study in comprehensive health education where offered and where appropriate. Instruction also shall be integrated into other curriculum requirements as determined by the State Board of Education.  The course shall be age appropriate, shall be sequential in method of study, and shall include the following elements where appropriate in the instruction:
   1. Detailed, factual information regarding physiological, psychological, sociological, and legal aspects of substance abuse;
   2. Detailed information concerning the availability of help and assistance for persons with chemical dependency problems;
   3. Skills needed to evaluate advertisements for, and media portrayals of, alcohol, tobacco, vapor products, and controlled substances; and
   4. Detailed instruction on the need for, and role of, lawful authority and law-abiding behavior, which instruction may include interacting and working with members of the legal and justice professions.
3. A manual setting out the details of such course of study shall be prepared by or approved by the State School Superintendent in cooperation with the Department of Public Health, the State Board of Education, the Department of Public Safety, and such expert advisers as they may choose.
4. The minimum course of study to be prescribed by the State Board of Education pursuant to subsection (b) of this Code section shall be ready for implementation not later than July 1, 2021.  Each local board shall implement either such minimum course of study or its equivalent not later than December 31, 2021.  Any local board of education which fails to comply with this subsection shall not be eligible to receive any state funding under this article until such minimum course of study or its equivalent has been implemented.

History. Code 1981, § 20-2-144 , enacted by Ga. L. 1990, p. 2043, § 1; Ga. L. 2009, p. 453, § 1-4/HB 228; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2021, p. 101, § 2/HB 287.

The 2021 amendment, effective July 1, 2021, inserted “, tobacco, vapor products,” in the first sentences of subsections (a) and (b); inserted “vapor products,” in the fourth sentence of subsection (a) and in paragraph (b)(3); and substituted “2021” for “1990” at the end of the first and second sentences of subsection (d).

Law reviews.

For note on 1990 enactment of this Code section, see 7 Ga. St. U.L. Rev. 377 (1990).

For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).

20-2-145. Comprehensive character education program.

1. The State Board of Education shall develop by the start of the 1997-1998 school year a comprehensive character education program for levels K-12. This comprehensive character education program shall be known as the “character curriculum” and shall focus on the students’ development of the following character traits: courage, patriotism, citizenship, honesty, fairness, respect for others, kindness, cooperation, self-respect, self-control, courtesy, compassion, tolerance, diligence, generosity, punctuality, cleanliness, cheerfulness, school pride, respect for the environment, respect for the creator, patience, creativity, sportsmanship, loyalty, perseverance, and virtue. Such program shall also address, by the start of the 1999-2000 school year, methods of discouraging bullying and violent acts against fellow students. Local boards shall implement such a program in all grade levels at the beginning of the 2000-2001 school year and shall provide opportunities for parental involvement in establishing expected outcomes of the character education program.
2. The Department of Education shall develop character education program workshops designed for employees of local school systems.

History. Code 1981, § 20-2-145 , enacted by Ga. L. 1997, p. 1386, § 1; Ga. L. 1999, p. 362, § 2; Ga. L. 1999, p. 438, § 2.

Cross references.

Designation of official center for character education, § 50-3-79 .

Editor’s notes.

Ga. L. 1997, p. 1386, § 1.1, not codified by the General Assembly, provides for severability.

Ga. L. 1999, p. 438, § 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Improved Student Learning Environment and Discipline Act of 1999.’”

Administrative rules and regulations.

Values and character education, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Division of General Instruction, Sec. 160-4-2-.33.

Law reviews.

For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 116 (1999).

For article, “Bullying in Public Schools: The Intersection Between the Student’s Free Speech Rights and the School’s Duty to Protect,” see 62 Mercer L. Rev. 407 (2011).

20-2-145.1. Career education.

The State Board of Education shall prescribe a minimum course of study in career education for students in grades six through 12. Such minimum course of study shall be age appropriate and shall include, but not be limited to, career exploration and career oriented learning experiences. Career oriented learning experiences shall include, but not be limited to, participation in work based learning programs such as internships, apprenticeships, cooperative education, or employability skill development. The State Board of Education shall ensure that career oriented learning experiences include rigorous industry credentialing, as defined in Code Section 20-2-326, if such rigorous industry credentialing has been created or endorsed by Georgia employers.

History. Code 1981, § 20-2-145.1 , enacted by Ga. L. 2012, p. 689, § 2/HB 713; Ga. L. 2018, p. 731, § 2/SB 3.

The 2018 amendment, effective July 1, 2018, substituted “grades six” for “grades kindergarten” in the first sentence, substituted “limited to, career exploration and” for “limited to, career awareness, career exploration, and” in the second sentence, and added the third and fourth sentences.

Editor’s notes.

Ga. L. 2018, p. 731, § 1/SB 3, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Creating Opportunities Needed Now to Expand Credentialed Training (CONNECT) Act.’”

20-2-146. Scholastic Assessment Test preparatory course; acceptance as elective credit.

1. All schools with grade ten or above may make available to eligible students a Scholastic Assessment Test preparatory course. Such course of study shall be designed to offer an opportunity for review and practice to students preparing to take the Scholastic Assessment Test. The course may be offered periodically in the manner prescribed by the local board.
2. Each local board of education shall be authorized to supplement and develop the exact approach of content areas of such Scholastic Assessment Test preparatory course with such specific curriculum standards as it may deem appropriate.
3. For the purposes of earning Carnegie unit curriculum credits at the high school level, completion of the Scholastic Assessment Test preparatory course may be accepted by the State Board of Education for one-half unit of elective credit.

History. Code 1981, § 20-2-146 , enacted by Ga. L. 1999, p. 465, § 1.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2000, Code Section 20-2-146, as enacted by Ga. L. 2000, p. 792, § 1, was redesignated as Code Section 20-2-147.

20-2-147. Instructional activities focusing on veterans and the armed forces; closure of schools for Veterans Day.

On a school day immediately preceding or as close to the annual observance of Veterans Day as practicable as determined by a school’s scheduled curriculum, each elementary and secondary school may provide for instructional activity focusing on the contributions of veterans and the importance of the armed forces of the United States. Beginning in the 2010-2011 school year, public elementary and secondary schools may be closed on Veterans Day as provided in paragraph (1) of subsection (c) of Code Section 20-2-168.

History. Code 1981, § 20-2-147 , enacted by Ga. L. 2000, p. 792, § 1; Ga. L. 2009, p. 638, § 5A/HB 193.

Cross references.

Holidays and observances, T. 1, C. 4.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2000, Code Section 20-2-146, as enacted by Ga. L. 2000, p. 792, § 1, was redesignated as Code Section 20-2-147.

Editor’s notes.

Ga. L. 2009, p. 638, § 5B/HB 193, not codified by the General Assembly, provides, in part, that the amendment to this Code section shall apply with respect to conduct on or after May 4, 2009, and conduct prior to May 4, 2009, shall continue to be governed by prior law.

20-2-148. Elective course in History and Literature of the Old and New Testaments; religious neutrality.

1. 1. All public schools with grade nine or above may make available to eligible students in grades nine through 12 an elective course:
      1. In the History and Literature of the Old Testament Era;
      2. In the History and Literature of the New Testament Era;
      3. On the Hebrew Scriptures, Old Testament of the Bible;
      4. On the New Testament of the Bible; and
      5. On the Hebrew Scriptures and the New Testament of the Bible.
   2. The purpose of such courses shall be to:
      1. Teach students knowledge of biblical content, characters, poetry, and narratives that are prerequisites to understanding contemporary society and culture, including literature, art, music, mores, oratory, and public policy; and
      2. Familiarize students with, as applicable:
         1. The contents of the Hebrew Scriptures or New Testament;
         2. The history of the Hebrew Scriptures or New Testament;
         3. The literary style and structure of the Hebrew Scriptures or New Testament; and
         4. The influence of the Hebrew Scriptures or New Testament on law, history, government, literature, art, music, customs, morals, values, and culture.
   3. A student shall not be required to use a specific translation as the sole text of the Hebrew Scriptures or New Testament.
2. 1. The State Board of Education shall adopt content standards for each course, including objectives and reading materials which are prepared in accordance with the requirements of this subsection.
   2. The book or collection of books commonly known as the Old Testament shall be the basic text for the course in the History and Literature of the Old Testament Era, and the book or collection of books commonly known as the New Testament shall be the basic text for the course in the History and Literature of the New Testament Era. In addition, students may be assigned a range of reading materials for the courses, including selections from secular historical and cultural works and selections from other religious and cultural traditions. The content standards for the courses shall familiarize students with the customs and cultures of the times and places referred to in the Old and New Testaments. The content standards for the courses shall familiarize the students with the methods and tools of writing at the times the Old and New Testament books were written, the means by which they were preserved, the languages in which they were written and into which they were translated, and the historical and cultural events which led to the translation of the Old and New Testaments into the English language. The local board of education may recommend which version of the Old or New Testament may be used in the course; provided, however, that the teacher of the course shall not be required to adopt that recommendation but may use the recommended version or another version. No student shall be required to use one version as the sole text of the Old or New Testament. If a student desires to use as the basic text a different version of the Old or New Testament from that chosen by the local board of education or teacher, he or she shall be permitted to do so.
   3. The courses provided for in this Code section shall:
      1. Be taught in an objective and nondevotional manner with no attempt made to indoctrinate students as to either the truth or falsity of the biblical materials or texts from other religious or cultural traditions;
      2. Not include teaching of religious doctrine or sectarian interpretation of the Bible or of texts from other religious or cultural traditions; and
      3. Not disparage or encourage a commitment to a set of religious beliefs.
3. The provisions of this chapter relating to personnel employed by local units of administration, including without limitation certification requirements, employment, and supervision, shall apply to persons who teach the courses provided for in this Code section. In addition, no person shall be assigned to teach such courses based in whole or in part on any religious test, profession of faith or lack thereof, prior or present religious affiliation or lack of affiliation, or criteria involving particular beliefs or lack thereof about the Bible. Except for these requirements, the qualifications and training of teachers shall be determined by the local boards of education.
4. On and after July 1, 2007, for the purpose of earning Carnegie unit curriculum credits at the high school level, satisfactory completion of any of the courses described in subsection (a) of this Code section shall be accepted by the State Board of Education for one-half unit of elective credit; provided, however, that such courses are taught in strict compliance with the requirements of this Code section.
5. A local board of education may make such arrangements for monitoring the content and teaching of any of the courses described in subsection (a) of this Code section as it deems appropriate.
6. Nothing in this Code section shall be construed to limit the authority of a local board of education to offer courses regarding the Old Testament or the New Testament that are not in compliance with this Code section; provided, however, that no state funds distributed pursuant to this article shall be expended in connection with such a course that does not meet the requirements of this Code section.
7. Nothing in this Code section shall be construed to prohibit local boards of education from offering elective courses based upon the books of other religions or societies. In determining whether to offer such courses, the local board may consider various factors, including, but not limited to, student and parent demand for such courses and the impact such books have had upon history and culture.
8. A course offered under this Code section shall follow applicable law and all federal and state guidelines in maintaining religious neutrality and accommodating the diverse religious views, traditions, and perspectives of students in the school. A course under this Code section shall not endorse, favor, or promote, or disfavor or show hostility toward, any particular religion or nonreligious faith or religious perspective. The State Board of Education, in complying with this Code section, shall not violate any provision of the United States Constitution or federal law, the Georgia Constitution or any state law, or any administrative regulations of the United States Department of Education or the Georgia Department of Education.

History. Code 1981, § 20-2-148 , enacted by Ga. L. 2006, p. 233, § 1/SB 79; Ga. L. 2019, p. 675, § 1/SB 83.

The 2019 amendment, effective July 1, 2019, rewrote subsection (a), which read: “All public schools with grade nine or above may make available to eligible students in grades nine through 12 an elective course in the History and Literature of the Old Testament Era and an elective course in the History and Literature of the New Testament Era. The purpose of such courses shall be to accommodate the rights and desires of those teachers and students who wish to teach and study the Old and New Testaments and to familiarize students with the contents of the Old and New Testaments, the history recorded by the Old and New Testaments, the literary style and structure of the Old and New Testaments, the customs and cultures of the peoples and societies recorded in the Old and New Testaments, and the influence of the Old and New Testaments upon law, history, government, literature, art, music, customs, morals, values, and culture.”; rewrote paragraph (b)(1), which read: “No later than February 1, 2007, the State Board of Education shall adopt a curriculum for each course, including objectives, reading materials, and lesson plans, which has been prepared in accordance with the requirements of this subsection.”; in paragraph (b)(2), inserted “content standards for the” at the beginning of the third and fourth sentences; rewrote subsections (d) and (e), which read: “(d) On and after July 1, 2007, for the purpose of earning Carnegie unit curriculum credits at the high school level, satisfactory completion of the course in the History and Literature of the Old Testament Era shall be accepted by the State Board of Education for one-half unit of elective credit, and satisfactory completion of the course in the History and Literature of the New Testament Era shall be accepted by the State Board of Education for one-half unit of elective credit; provided, however, that such courses are taught in strict compliance with the requirements of this Code section.

“(e) A local board of education may make such arrangements for monitoring the content and teaching of the course in the History and Literature of the Old Testament Era and the course in the History and Literature of the New Testament Era as it deems appropriate.”; and added subsection (h).

Cross references.

Religious freedom, U.S. Const., amend. I.

Religious opinions and freedom of religion, Ga. Const. 1983, Art. I, Sec. I, Para. IV.

20-2-149. Program for educating students regarding online Internet safety.

1. The Department of Education shall develop a model program for educating students regarding online safety while using the Internet, taking into consideration educational materials on this topic developed by other states as well as any other materials suggested by education experts, child psychologists, and technology companies that promote child online safety issues.
2. Each local board of education may incorporate into its instructional program a component on online Internet safety to be taught on a schedule as determined by the local board of education.

History. Code 1981, § 20-2-149 , enacted by Ga. L. 2008, p. 810, § 1/SB 474.

20-2-149.1. Instruction in cardiopulmonary resuscitation and use of automated external defibrillator; requirements.

1. This Code section shall be known and may be cited as the “Cory Joseph Wilson Act.”
2. As used in this Code section, the term “psychomotor skills” means skills using hands-on practice to support cognitive learning.
3. Beginning in the 2013-2014 school year, each local board of education which operates a school with grades nine through 12 shall provide instruction in cardiopulmonary resuscitation and the use of an automated external defibrillator to its students as a requirement within existing health or physical education courses. Such training shall include either of the following and shall incorporate into the instruction the psychomotor skills necessary to perform cardiopulmonary resuscitation and use an automated external defibrillator:
   1. An instructional program developed by the American Heart Association or the American Red Cross; or
   2. An instructional program which is nationally recognized and is based on the most current national evidence based emergency cardiovascular care guidelines for cardiopulmonary resuscitation and the use of an automated external defibrillator.
4. A teacher shall not be required to be a certified trainer of cardiopulmonary resuscitation or to facilitate, provide, or oversee instruction which does not result in certification in cardiopulmonary resuscitation and the use of an automated external defibrillator.
5. This Code section shall not be construed to require students to become certified in cardiopulmonary resuscitation and the use of an automated external defibrillator; provided, however, that if a local board of education chooses to offer courses which result in certification being earned, such courses shall be taught by instructors in cardiopulmonary resuscitation and the use of an automated external defibrillator authorized to conduct an instructional program included in paragraph (1) or (2) of subsection (c) of this Code section.
6. The Department of Education shall establish a procedure to monitor adherence by local boards of education.

History. Code 1981, § 20-2-149.1 , enacted by Ga. L. 2013, p. 521, § 1/SB 212; Ga. L. 2017, p. 97, § 2A/HB 198; Ga. L. 2017, p. 319, § 7-1/HB 249.

The 2017 amendments. —

The first 2017 amendment, effective July 1, 2017, added subsection (a); redesignated former subsections (a) through (e) as present subsections (b) through (f), respectively; and substituted “subsection (c)” for “subsection (b)” near the end of present subsection (e). The second 2017 amendment, effective July 1, 2017, made identical changes.

Law reviews.

For article on the 2017 amendment of this Code section, see 34 Ga. St. U. L. Rev. 143 (2017).

20-2-149.2. Awarding of high school diploma for completion of postsecondary programs; identification of critical needs fields of study.

1. A local board of education may award a high school diploma to a student enrolled in coursework pursuant to Code Section 20-2-161.3 who:
   1. Completes rigorous coursework at a postsecondary institution which meets the requirements in paragraph (7) of Code Section 20-3-519;
   2. Has completed at least the following state required ninth and tenth grade level high school courses: two English courses, two mathematics courses, two science courses, two social studies courses, and one health and physical education course; and any state required tests associated with any such courses;
   3. Receives a score of admission acceptable on the readiness assessment required by the postsecondary institution; and
   4. Completes: (i) an associate degree program; (ii) a technical college diploma program and all postsecondary academic education and technical education and training prerequisites for any state, national, or industry occupational certifications or licenses required to work in the field; or (iii) at least two technical college certificate of credit programs in one specific career pathway and all postsecondary academic education and technical education and training prerequisites for any state, national, or industry occupational certifications or licenses required to work in the field as determined by the Technical College System of Georgia.
2. The State Board of the Technical College System of Georgia shall annually identify fields of study in which a critical need or shortage of trained personnel exists in the labor markets in this state and provide such information to the State Board of Education. The State Board of Education shall annually provide such information to local school systems for the purpose of emphasizing areas of critical workforce needs and shortages in the labor markets in our state to high school students to support their career pathway decisions.
3. The State Board of Education, in consultation with the State Board of the Technical College System of Georgia and the Board of Regents of the University System of Georgia, shall establish rules and regulations to implement the provisions of this Code section.
4. A student who meets the requirements of subsection (a) of this Code section shall be deemed to have met all graduation requirements of the State Board of Education and shall not be subject to any assessments otherwise required for purposes of graduation.

History. Code 1981, § 20-2-149.2 , enacted by Ga. L. 2015, p. 118, § 1/SB 2; Ga. L. 2016, p. 846, § 20/HB 737.

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, substituted “Code Section 20-2-161.3” for “Code Section 20-2-159.5” at the end of the introductory paragraph of subsection (a).

Administrative rules and regulations.

Dual enrollment, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Division of General Instruction, Sec. 160-4-2-.34

Testing programs - student assessments, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Assessment, Sec. 160-3-1-.07.

20-2-149.3. Requirements for computer science education.

1. The General Assembly finds that:
   1. Education in computer science is a critical need for the students of Georgia for the twenty-first century;
   2. Less than 0.5 percent of high school graduates have taken a computer science course;
   3. There are thousands of unfulfilled computer science jobs in the state; and
   4. The logical thinking skills taught by computer science are now very valuable in many noncomputer science jobs, as technology has become embedded in most professions.
2. As used in this Code section, the term:
   1. “Computer science” means the study of computers, algorithmic processes, coding, and logical thinking, including computer principles, their hardware and software designs, their implementation, and their impact on society.
   2. “Computer science courses and content” means high school courses that teach computer science as stand-alone implementations and middle school courses that provide instruction in computer science in stand-alone implementations or by being embedded in other subjects and focus on how to create and understand technology, rather than by simply using technology.
   3. “High-quality professional learning” means professional development activities that:
      1. Clarify the conceptual foundations of computer science;
      2. Teach research based practices, including hands-on and inquiry based learning; and
      3. Are intended for teachers with or without prior exposure to computer science.
   4. “High-quality professional learning providers” means institutions of higher education in this state, local school systems, nonprofit organizations, or private entities that have successfully designed, implemented, and scaled high-quality professional learning for teachers and are approved or recommended by the State Board of Education in coordination with the Department of Education.
   5. “Offer” means providing a course taught by a computer science teacher:
      1. Who is onsite at the physical location of the school; or
      2. Who is not onsite at the physical location of the school but conducts the course through virtual means with a proctor onsite at the physical location of the school.
      3. Each state charter school that serves high school students shall offer a course in computer science;
      4. Each state charter school that serves middle school students shall offer instruction in exploratory computer science;
      5. Each local school system may provide that all elementary schools in its school system offer instruction in exploratory computer science; and
      6. Each state charter school that serves elementary school students may offer instruction in exploratory computer science.
3. 1. Beginning in the 2022-2023 school year:
   2. Beginning in the 2023-2024 school year, each local school system shall provide that at least 50 percent of the high schools in its school system offer a course in computer science.
   3. Beginning in the 2024-2025 school year, each local school system shall provide that all high schools in its school system offer a course in computer science.
4. The Department of Education shall ensure that the Georgia Virtual School operated pursuant to Code Section 20-2-319.1 has sufficient capacity to enable schools to utilize computer science courses to meet the needs of such schools as a result of this Code section.
5. 1. Subject to appropriations, grants shall be provided to eligible entities to deliver professional development programs for teachers providing instruction in computer science courses and content.
   2. Eligible entities shall include local school systems, consortia of local school systems, local charter schools, state charter schools, and high-quality professional learning providers working in partnership with local school systems.
   3. Criteria for grant awards to eligible entities pursuant to this subsection shall include:
      1. The number of teachers in a local school system that require training and the number of teachers in a local school system that have already received training; and
      2. The willingness of local school systems to make available their teachers who have received training in computer science courses and content to provide computer science instruction in another local school system or systems.
   4. The Department of Education shall submit a report on December 1 of each year to the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the chairperson of the Senate Education and Youth Committee, and the chairperson of the House Committee on Education. Such report shall include the number of teachers trained, the number of schools offering training, the number of students served and the demographics of such students, and a list of the eligible entities that provided the training.

(A) Each local school system shall provide that at least one high school in its school system offer a course in computer science;

(B) Each local school system shall provide that all middle schools in its school system offer instruction in exploratory computer science;

History. Code 1981, § 20-2-149.3 , enacted by Ga. L. 2019, p. 330, § 1/SB 108; Ga. L. 2020, p. 493, § 20/SB 429.

The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “graduates have taken” for “graduates take” in paragraph (a)(2); in paragraph (b)(2), substituted “stand-alone implementations or by being embedded” for “standalone implementations or embedded” and substituted “than by simply” for “than simply”; and substituted “offer a course” for “offers a course” in subparagraph (c)(1)(A).

20-2-149.4. Financial literacy instruction and curriculum.

1. The State Board of Education shall adopt content standards for a minimum course of instruction in financial literacy to be completed by students in eleventh or twelfth grade.
2. Beginning in the 2024-2025 school year, each local board of education shall require all students, as a condition of graduation, during their eleventh or twelfth grade years to complete at least a half-credit course in financial literacy which implements the minimum course of instruction based on the content standards prescribed pursuant to subsection (a) of this Code section. Such course of instruction may be provided within the framework of existing coursework offered by a local school system. Such course of instruction shall be eligible to count toward a mathematics, social studies, or elective unit of credit requirement for graduation.

History. Code 1981, § 20-2-149.4 , enacted by Ga. L. 2022, p. 158, § 1-1/SB 220.

Effective date.

This Code section became effective April 28, 2022.

20-2-150. Eligibility for enrollment.

1. Except as otherwise provided by subsection (b) of this Code section, all children and youth who have attained the age of five years by September 1 shall be eligible for enrollment in the appropriate general education programs authorized in this part unless they attain the age of 20 by September 1 or they have received high school diplomas or the equivalent.  This shall specifically include students who have reenrolled after dropping out and who are married, parents, or pregnant. Special education students shall also be eligible for enrollment in appropriate education programs through age 21 or until they receive high school or special education diplomas or the equivalent; provided, however, they were enrolled during the preceding school year and had an approved Individualized Education Program (IEP) which indicated that a successive year of enrollment was needed.  Other students who have not yet attained age 21 by September 1 or received high school diplomas or the equivalent shall be eligible for enrollment in appropriate education programs, provided they have not dropped out of school for one quarter or more.  Each local unit of administration shall have the authority to assign students who are married, parents, or pregnant or who have reenrolled after dropping out one quarter or more to programs of instruction within its regular daytime educational program, provided that a local unit of administration may develop and implement special programs of instruction limited to such students within the regular daytime educational program or, at the option of the student, in an alternative program beyond the regular daytime program; provided, further, that such programs of instruction are designed to enable such students to earn course credit toward receiving high school diplomas. These programs may include instruction in prenatal care and child care. Each local unit of administration shall have the authority to provide alternative programs beyond the regular daytime educational program. Unless otherwise provided by law, the State Board of Education shall have the authority to determine the eligibility of students for enrollment.  It is declared to be the policy of this state that general and occupational education be integrated into a comprehensive educational program which will contribute to the total development of the individual.
2. A child who was a legal resident of one or more other states or countries for a period of two years immediately prior to moving to this state and who was legally enrolled in a public kindergarten or first grade, or a kindergarten or first grade accredited by a state or regional association or the equivalent thereof, shall be eligible for enrollment in the appropriate general or special education programs authorized in this part if such child will attain the age of five for kindergarten or six for first grade by December 31 and is otherwise qualified.
3. All children enrolled for 20 school days or more in the public schools of this state prior to their seventh birthday shall become subject to all of the provisions of this article, the provisions of Code Sections 20-2-690 through 20-2-701, and the rules and regulations of the State Board of Education relating to compulsory school attendance even though they have not attained seven years of age.
4. No child or youth shall be admitted to any public school of the state until the parent or guardian provides to the proper school authorities an official copy of that child’s social security number which shall be incorporated into the official school records pertaining to that child or youth.  Each local unit of administration shall establish and implement a plan for providing the public appropriate notice of the information required of every student under its jurisdiction prior to the beginning of each school year.  School authorities may provisionally admit a child for whom an official social security number has not been provided if the parent or guardian completes a postage-paid application for a social security number at the time of enrollment.  A parent or guardian who objects to the incorporation of the social security number into the school records of a child may have the requirement waived by signing a statement objecting to the requirement.
5. A student whose parent or guardian is on active duty in the United States armed forces and has received official military orders to transfer into or within this state shall be eligible for enrollment, in the same manner and time as for students residing within the local school system, in the public school of the attendance zone in which he or she will be residing or in a public school authorized pursuant to Code Section 20-2-295, prior to physically establishing residency within the local school system, upon presentation of a copy of the official military orders to the local school system.

History. Code 1981, § 20-2-150 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1990, p. 1354, § 1; Ga. L. 1992, p. 2200, § 1; Ga. L. 1993, p. 1279, § 12.1; Ga. L. 2012, p. 358, § 7/HB 706; Ga. L. 2019, p. 142, § 1/HB 59.

The 2019 amendment, effective July 1, 2019, added subsection (e).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2009, “20-2-701” was substituted for “20-2-702” in subsection (c).

20-2-151. General and career education programs; purpose; authorized programs.

1. The primary purpose for the general and career education programs is to provide the children and youth of Georgia with a quality opportunity to master uniformly sequenced content standards adopted by the State Board of Education.
2. The following general and career education programs are authorized for purposes of funding under this article:
   1. 1. All local school systems may offer a full-day kindergarten program. For purposes of this subsection, the term “full-day kindergarten program” means a student is provided classroom instruction for a minimum of four and one-half hours daily for a 180 day school year, or the equivalent thereof as determined in accordance with State Board of Education guidelines.
      2. It is the policy of this state that the purposes of the kindergarten program shall be to provide all children with an equal opportunity to become prepared for a successful first grade experience and to acquire the foundation for academic progress throughout the students’ educational careers. To be eligible for enrollment in a state supported kindergarten program, a child must attain the age of five by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150;
   2. It is the policy of this state that the purpose of the primary grades program shall be mastery by enrolled students of the essential basic skills and knowledge which will enable them to achieve more advanced skills and knowledge offered at the higher grade levels. For purposes of funding under this article, the primary grades program shall include grades one, two, and three. To be eligible for enrollment in the first grade of a state supported primary grades program, a child must attain the age of six by September 1, except as otherwise provided by subsection (b) of Code Section 20-2-150. The State Board of Education shall adopt an instrument or instruments, procedures, and policies necessary to assess the first grade readiness of children enrolled in Georgia’s public school kindergarten programs pursuant to Code Section 20-2-281. Readiness information obtained by the instrument or instruments adopted by the state board shall be used by local school systems in concert with teacher recommendations and other relevant information to make appropriate student grade placement decisions. The Department of Education shall develop guidelines for utilization of the instrument or instruments in grade placement decisions and shall provide such guidelines to local school systems. The guidelines shall include information pertinent to consideration of the placement of students who have been identified as being disabled or limited-English-proficient. Whenever the decision is made not to promote a child to the first grade, the local school system shall document the reasons for the decision not to promote, according to guidelines established by the board. The State School Superintendent may annually provide a report summarizing the results of the readiness of first grade Georgia public school kindergarten children. No student shall remain in kindergarten for more than two years;
   3. It is the policy of this state that the primary purposes of the middle grades program shall be assuring the mastery of essential basic skills and knowledge, assisting students in the transition from childhood to adolescence, and preparing students for the selection of programs and courses consistent with their abilities and interests when they enter high school, as well as providing an opportunity for mastery of essential but more advanced skills and knowledge. For purposes of funding under this article, the middle grades program shall include grades four, five, six, seven, and eight; and
   4. 1. It is the policy of this state that the primary purposes of the high school programs shall be to prepare students for the continuation of their education beyond high school and for entry into their chosen career fields as well as to prepare them to take their places in society as young adults. The following high school programs for grades nine, ten, 11, and 12 are authorized for purposes of funding under this article:
         1. The high school education program; and
         2. The career, technical, and agricultural education laboratory program.
      2. As a reflection of the reduced teacher-student ratios and more extensive material and equipment needed for effective laboratory courses compared to courses with no or only limited laboratory experiences, the career, technical, and agricultural education laboratory program shall be funded at a higher level than the high school general education program. The state board shall adopt criteria which courses must meet in order to qualify for the career, technical, and agricultural education laboratory program.

History. Code 1981, § 20-2-151 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1990, p. 1359, § 1; Ga. L. 1995, p. 1302, § 14; Ga. L. 2000, p. 618, § 14; Ga. L. 2001, p. 4, § 20; Ga. L. 2009, p. 638, § 1/HB 193; Ga. L. 2013, p. 1061, § 6/HB 283; Ga. L. 2015, p. 1376, § 7/HB 502.

The 2015 amendment, effective July 1, 2015, substituted “uniformly sequenced content standards adopted by the State Board of Education” for “student competencies adopted by the State Board of Education through instruction which is based upon the uniformly sequenced core curriculum” at the end of subsection (a); and substituted “may” for “shall” near the end of the next to the last sentence of paragraph (b)(2).

Cross references.

Vocational, technical and adult education generally, T. 20, C. 4.

Georgia Vocational Rehabilitation Agency, § 49-9-1 et seq.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-151.1. American Sign Language as foreign language for college preparatory curriculum and for Carnegie unit elective credits.

1. For the purpose of fulfilling the foreign language requirements for a college preparatory curriculum seal of endorsement on a high school diploma, a demonstrated proficiency in American Sign Language shall be accepted as a foreign language for any student by all local boards of education and the State Board of Education. A demonstrated proficiency in American Sign Language shall be accepted as the equivalent of the required two units of a foreign language.
2. For the purpose of earning Carnegie unit curriculum credits at the high school level, American Sign Language may be accepted by the State Board of Education for two or more units of elective credit or for two or more units of foreign language credit, pursuant to subsection (a) of this Code section.

History. Code 1981, § 20-2-151.1 , enacted by Ga. L. 1992, p. 2519, § 1; Ga. L. 2007, p. 290, § 1/SB 170.

Editor’s notes.

Ga. L. 2007, p. 290, § 1/SB 170, which amended this Code section, purported to amend Code Section 20-1-151.1 but actually amended Code Section 20-2-151.1.

20-2-151.2. Driver education course accepted for Carnegie unit elective credits.

For the purpose of earning Carnegie unit curriculum credits at the high school level, satisfactory completion, on or after January 1, 1999, of a driver education course in a driver training school and under the instruction of a driver training instructor licensed by the department under Chapter 13 of Title 43, “The Driver Training School and Commercial Driver Training School License Act,” may be accepted by the State Board of Education for one-half unit of elective credit for any student.

History. Code 1981, § 20-2-151.2 , enacted by Ga. L. 1998, p. 1520, § 1; Ga. L. 2017, p. 774, § 20/HB 323.

The 2017 amendment, effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted “ ‘The Driver Training School and Commercial Driver Training School License Act,’ ” for “ ‘The Driver Training School License Act,’ ” near the end of this Code section.

20-2-152. Special education services.

1. All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children from birth through four years of age, whose disabling condition is so severe as to necessitate early education intervention, may be eligible for special education services through programs operated by state schools for the handicapped, the psychoeducational program, or through programs financed with local or federal funds or with funds specifically appropriated by the General Assembly for this purpose.  Eligible children and youth are defined as those who have emotional, physical, communicative, or intellectual deviations, or a combination thereof, to the degree that there is interference with school achievements or adjustments or prevention of full academic attainment and who require modifications or alterations in their educational programs.  Special education shall include children who are classified as intellectually gifted, mentally disabled, behavior disordered, specific learning disabled, orthopedically disabled, other health impaired, hearing impaired, speech-language disordered, visually impaired, severely emotionally disturbed, and deaf-blind and who have any other areas of special needs which may be identified.  The State Board of Education shall adopt classification criteria for each area of special education to be served on a state-wide basis.  The state board shall adopt the criteria used to determine eligibility of students for state funded special education programs.  The state board shall adopt maximum class sizes by classification of special education pursuant to subsection (i) of Code Section 20-2-182 which are equal to or greater than the class sizes used to develop the program weights as set forth in subsection (b) of Code Section 20-2-161.

   (a.1) The criteria adopted by the state board to determine the eligibility of students for state funded special education programs for the intellectually gifted, Category VI pursuant to paragraph (6) of subsection (d) of this Code section, shall authorize local boards of education to use:

   1. The criteria used on July 1, 1993, as amended by state board or state department regulation from time to time; and
   2. Multiple eligibility criteria which include:
      1. Evidence of student work product or performance;
      2. Data from teacher, parent, or peer observation; and
      3. Evidence of student performance on nationally normed standardized tests of mental ability, achievement, and creativity.

         A student’s eligibility may be determined under either paragraph (1) or (2) of this subsection. The multiple eligibility criteria shall be implemented as appropriate staff development is completed, but not later than August 1, 1998. A student who has been determined before July 1, 1994, to be eligible for state funded special education programs for the intellectually gifted shall not be required to satisfy any additional eligibility criteria or information documentation as a result of this subsection.

      4. Entering into reciprocal agreements with other states or political subdivisions thereof for the provision of such services; or
      5. Operating the Georgia School for the Deaf, the Georgia Academy for the Blind, the Atlanta Area School for the Deaf, and other special schools as approved by the General Assembly.
2. Local school systems shall, subject to any limitations specified in this Code section, provide special education programs for all eligible students with special needs who are residents of their local school systems, either by establishing and maintaining such educational facilities and employing such professional workers as are needed by these students or by contracting with other local school systems, regional educational service agencies, or other qualified public or private institutions for such services.
3. 1. The State Board of Education shall provide for the funding which has been approved by the General Assembly for this purpose for special education programs for students with disabling conditions which are either of such low incidence or of such severity that it is unfeasible or impractical to provide needed educational services through programs offered by local school systems. The state board may provide such educational services with funds specifically approved by the General Assembly for this purpose by:
   2. The state board may promulgate rules, regulations, and standards and establish the terms and conditions governing the provision of state aid provided for this purpose by the General Assembly under this subsection and perform any and all acts necessary or proper to carry out the provisions, intent, and purpose of this subsection.
4. For purposes of funding under this article, the following special education categories are authorized for the local units of administration of this state:
   1. Category I: self-contained specific learning disabled and self-contained speech-language disordered;
   2. Category II: mildly mentally disabled;
   3. Category III: behavior disordered, moderately mentally disabled, severely mentally disabled, resourced specific learning disabled, resourced speech-language disordered, self-contained hearing impaired and deaf, self-contained orthopedically disabled, and self-contained other health impaired;
   4. Category IV: deaf-blind, profoundly mentally disabled, visually impaired and blind, resourced hearing impaired and deaf, resourced orthopedically disabled, and resourced other health impaired;
   5. Category V: those special education students classified as being in Categories I through IV, as defined in this subsection, whose Individualized Educational Programs specify specially designed instruction or supplementary aids or services in alternative placements, in the least restrictive environment, including the regular classroom and who receive such services from personnel such as paraprofessionals, interpreters, job coaches, and other assistive personnel; and
   6. Category VI: intellectually gifted.

(A) Providing grants directly to regional educational service agencies for provision of services;

(B) Either directly contracting with or making grants to or authorizing local units of administration to contract with or make grants to suitable private or public institutions, inside or outside this state, for the provision of such services; provided, however, that the educational and related services of the child must be provided by professionals, such as teachers, school psychologists, speech therapists, physical and occupational therapists, and audiologists who meet the certification or licensing standards of their profession in the state in which the institution is located;

(C) Authorizing local units of administration to contract with suitable public agencies and departments, including institutions in which eligible children are confined and out-patient centers serving eligible children, inside and outside this state, for the provision of such services;

History. Code 1981, § 20-2-152 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 612, § 5; Ga. L. 1991, p. 1531, § 1; Ga. L. 1994, p. 1106, § 1; Ga. L. 1995, p. 1302, §§ 14, 17; Ga. L. 1996, p. 1422, § 1; Ga. L. 1997, p. 143, § 20; Ga. L. 2012, p. 775, § 20/HB 942.

Cross references.

Establishment of special schools, Ga. Const. 1983, Art. VIII, Sec. V, Para. VII.

Multiagency task force of Georgia Commission for the Deaf or Hard of Hearing addressing educational needs, § 30-1-5 .

Declared policy of state to provide adequate mental health and developmentally disabled services through Department of Human Resources and county boards of health, § 37-2-1 .

Habilitation of the developmentally disabled generally, T. 37, C. 4.

Administrative rules and regulations.

Special education, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Subject 160-4-7.

Law reviews.

For article, “‘Simplify You, Classify You’: Stigma, Stereotypes and Civil Rights in Disability Classification Systems,” see 25 Ga. St. U.L. Rev. 607 (2009).

20-2-152.1. Deaf Child’s Bill of Rights; consideration of communication needs of deaf students; parental explanations; instruction in particular communication mode or language.

1. As used in this Code section, the term “communication mode or language” means one or more of the following systems or methods of communication applicable to deaf and hard-of-hearing children:
   1. American Sign Language;
   2. English-based manual or sign systems; or
   3. Oral, aural, or speech-based training.
2. In developing an individualized education program (IEP) pursuant to Code Section 20-2-152 for a child who is deaf or hard of hearing, in addition to any other requirements established by the state board, the local school system shall consider the related services and program options that provide the child with an appropriate and equal opportunity for communication access. The school system shall consider the child’s specific communication needs and, to the extent possible under subsection (g) of this Code section, address those needs as appropriate in the child’s individualized education program. In considering the child’s needs, the school system shall expressly consider the following:
   1. The child’s individual communication mode or language;
   2. The availability to the child of a sufficient number of age, cognitive, and language peers of similar abilities;
   3. The availability to the child of deaf or hard-of-hearing adult models of the child’s communication mode or language;
   4. The provision of appropriate, direct, and ongoing language access to teachers of the deaf and hard of hearing and interpreters and other specialists who are proficient in the child’s primary communication mode or language; and
   5. The provision of communication-accessible academic instruction, school services, and extracurricular activities.
3. To enable a parent or guardian to make informed decisions concerning which educational options are best suited to the parent’s or guardian’s child, all of the educational options provided by the school system and available to the child at the time the child’s individualized education program is prepared shall be explained to the parent or guardian.
4. No deaf or hard-of-hearing child shall be denied the opportunity for instruction in a particular communication mode or language solely because:
   1. The child has some remaining hearing;
   2. The child’s parent or guardian is not fluent in the communication mode or language being taught; or
   3. The child has previous experience with some other communication mode or language.
5. Nothing in this Code section shall preclude instruction in more than one communication mode or language for any particular child. Any child for whom instruction in a particular communication mode or language is determined to be beneficial shall receive such instruction as part of the child’s individualized education program.
6. Notwithstanding the provisions of paragraph (2) of subsection (b) of this Code section, nothing in this Code section shall be construed to require that a specific number of peers be provided for a child who is deaf or hard of hearing.
7. Nothing in this Code section shall require a school system to expend additional resources or hire additional personnel to implement the provisions of this Code section.

History. Code 1981, § 20-2-152.1 , enacted by Ga. L. 2007, p. 279, § 3/SB 168.

Cross references.

Multiagency task force of Georgia Commission for the Deaf or Hard of Hearing addressing educational needs, § 30-1-5 .

Editor’s notes.

Ga. L. 2007, p. 279, § 1/SB 168, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Deaf Child’s Bill of Rights Act.’”

Ga. L. 2007, p. 279, § 2/SB 168, not codified by the General Assembly, provides: “(a) The General Assembly finds that:

“(1) Students with low-incidence disabilities, as a group, make up less than 1 percent of the total state-wide enrollments for kindergarten through grade twelve; and

“(2) Students with low-incidence disabilities require highly specialized services, equipment, and materials.

“(b) The General Assembly further finds that:

“(1) Deafness involves the most basic of human needs, which is the ability to communicate with other human beings. Many deaf and hard-of-hearing children use an appropriate communication mode, sign language, which may be their primary language, while others express and receive language orally and aurally, with or without visual signs or clues. Still others, typically young deaf and hard-of-hearing children, lack any significant language skills. It is essential for the well-being and growth of deaf and hard-of-hearing children that educational programs recognize the unique nature of deafness and ensure that all deaf and hard-of-hearing children have appropriate, ongoing, and fully accessible educational opportunities;

“(2) It is essential that deaf and hard-of-hearing children, like all children, have an education in which their unique communication mode is respected, utilized, and developed to an appropriate level of proficiency;

“(3) It is essential that deaf and hard-of-hearing children have an education in which teachers of the deaf and hard of hearing, psychologists, speech therapists, assessors, administrators, and other special education personnel understand the unique nature of deafness and are specifically trained to work with deaf and hard-of-hearing pupils. It is essential that deaf and hard-of-hearing children have an education in which teachers of the deaf and hard of hearing are proficient in the primary language mode of those children;

“(4) It is essential that deaf and hard-of-hearing children, like all children, have an education with a sufficient number of language mode peers with whom they can communicate directly and who are of the same, or approximately the same, age and ability level;

“(5) It is essential that deaf and hard-of-hearing children have an education in which their parents or guardians and, where appropriate, deaf and hard-of-hearing people are involved in determining the extent, content, and purpose of programs;

“(6) Deaf and hard-of-hearing children would benefit from an education in which they are exposed to deaf and hard-of-hearing role models;

“(7) It is essential that deaf and hard-of-hearing children, like all children, have programs in which they have direct and appropriate access to all components of the educational process, including, but not limited to, recess, lunch, and extracurricular social and athletic activities;

“(8) It is essential that deaf and hard-of-hearing children, like all children, have programs in which their unique vocational needs are provided for, including appropriate research, curricula, programs, staff, and outreach;

“(9) Each deaf or hard-of-hearing child should have a determination of the least restrictive environment that takes into consideration these legislative findings and declarations; and

“(10) Given their unique communication needs, deaf and hard-of-hearing children would benefit from the development and implementation of state and regional programs for children with low-incidence disabilities.”

20-2-152.2. Protocols for assessment of trauma in students in foster care; guidance regarding trauma and its impact on students.

1. The General Assembly finds that foster care students are particularly vulnerable to exposure to traumatic events and situations. The General Assembly also finds that a foster care student’s exposure to trauma can be exacerbated by changing schools, particularly when the student may be eligible for special education and related services. Therefore, it is the intent of the General Assembly that a protocol be developed for use by each school that receives state funds under this article to immediately and deliberately assess foster care students upon their enrollment at a new school and determine whether exposure to trauma has had or is likely to have an adverse impact on the foster care student’s educational performance, including both academics and classroom behavior.
2. As used in this Code section, the term:
   1. “Foster care student” means a student who is placed in a foster family home, child care institution, or another substitute care setting approved by the Department of Human Services.
   2. “Trauma” means exposure of a foster care student, as a witness or direct participant, to one or more traumatic events or traumatic situations.
3. No later than August 1, 2021, the State Board of Education shall adopt any rules, regulations, and protocols necessary for use by public school personnel to immediately and deliberately assess whether exposure to trauma has had or is likely to have an adverse impact on the foster care student’s educational performance, including both academics and classroom behavior. Such rules, regulations, and protocols shall also provide that the impact of trauma shall be considered at the appropriate time among the relevant criteria considered by school personnel to determine the eligibility of foster care students for special education and related services as provided for in Code Section 20-2-152. Further, the Department of Education shall provide guidance to local school systems regarding trauma, the impacts of trauma on students, including, but not limited to, foster care students, and procedures for the immediate and deliberate assessment of newly enrolled foster care students.
4. Upon the enrollment of a foster care student, a local school system shall immediately and deliberately assess whether exposure to trauma has had or is likely to have an adverse impact on the foster care student’s educational performance, including both academics and classroom behavior. The local school system’s assessment shall be part of its overall determination of whether the initial evaluation process for determining eligibility for special education and related services should be commenced for such foster care student.

History. Code 1981, § 20-2-152.2 , enacted by Ga. L. 2020, p. 348, § 1/HB 855.

Effective date.

This Code section became effective July 1, 2021.

Cross references.

Taking into care, § 15-11-130 et seq.

20-2-153. Early intervention program for students at risk of not reaching or maintaining academic grade level.

1. The State Board of Education shall create and each local board of education shall provide an early intervention program to serve students in kindergarten through grade five. The kindergarten early intervention program shall serve students enrolled in kindergarten. The primary grades early intervention program shall serve students enrolled in grades one through three. The upper elementary grades early intervention program shall serve students in grades four through five.
2. The early intervention program shall serve students who are at risk of not reaching or maintaining academic grade level, including but not limited to students who are identified through the first grade readiness assessment required by Code Sections 20-2-151 and 20-2-281 and students with identified academic performance below grade levels defined by the Office of Student Achievement in Code Section 20-14-31 for any criterion-referenced assessment administered in accordance with Code Section 20-2-281 for grades one through five. Local school systems shall devise a process for the identification of such students at the beginning of each school year and also during the school year as a continuous process of early identification and monitoring. School systems may use indicators such as but not limited to the student’s scores on previous assessments, the student’s classroom performance in the same or previous years, and other reliable indicators to identify such students. A student shall be assigned to the early intervention program as soon as is practicable after the student is identified as at risk or after the results of the first-grade readiness assessment, the criterion-referenced assessment, or other indicators are known. The school shall provide timely notice and an opportunity for a conference with the student and his or her parents or guardians to discuss the student’s academic performance and the role of the early intervention program.
3. The State Board of Education shall describe by rules and regulations such additional services, resources, support, or strategies as may be provided by the local school system. The specifications for delivery of early intervention services shall be the responsibility of local boards of education except that the program rules and regulations adopted by the State Board of Education shall be followed in designing the program delivery models. Delivery models may include, but are not limited to, class augmentation, pull-out or self-contained classes, and the Reading Recovery Program delivered by certificated personnel.
4. The early intervention program shall be designed with the intent of helping the student to perform at expectations and exit the program in the shortest possible time. Students shall be moved into this program, provided assistance, and moved out of this program upon reaching grade level performance. It is not the intent of the General Assembly that students be assigned to this program on a continuing or permanent basis.
5. Funding for the early intervention program shall have a full-time equivalent teacher-student ratio of one teacher to 11 students.
6. Each local school system shall annually report the number of students served in the early intervention program as part of the full-time equivalent program count conducted pursuant to Code Section 20-2-160.

History. Code 1981, § 20-2-153 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1995, p. 1302, §§ 13, 17; Ga. L. 2000, p. 618, § 15; Ga. L. 2000, p. 1159, § 1; Ga. L. 2001, p. 148, § 1; Ga. L. 2004, p. 107, § 3.

Code Commission notes.

The amendment of this Code section by Ga. L. 2000, p. 618, § 15, irreconcilably conflicted with and was treated as superseded by Ga. L. 2000, p. 1159, § 1. See County of Butts v. Strahan, 151 Ga. 417 (1921).

Pursuant to Code Section 28-9-5, in 2001, “Code Sections” was substituted for “Code Section” in the first sentence of subsection (b).

Law reviews.

For article, “Education Law,” see 53 Mercer L. Rev. 281 (2001).

20-2-154. Remedial education program.

1. All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who are also eligible under the criteria specified in this Code section shall be provided, in accordance with policies adopted by the State Board of Education, the remedial education program services needed to address their respective reading, mathematics, or writing deficiencies. The following students shall be eligible for remedial education services:
   1. Students in grades six through 12 may be eligible for services if they meet two or more of the following criteria:
      1. The student has been through the formal student support team process and has documented evidence to support the placement in remedial education;
      2. The student has been retained in the grade;
      3. The student is receiving services under Part A of Chapter 1 of Title 1 of the Elementary and Secondary Education Act of 1965, as amended by the Improving America’s Schools Act of 1994 (Public Law 103-382);
      4. The student has been recommended by the teacher who has documented any of the following student information:
         1. Low performance in the reading series system;
         2. Low performance in the mathematics series; or
         3. The student is unable to verbally express ideas and cannot write or dictate a meaningful sentence; or
      5. Current test information in the student file indicates the student has a score at or below the twenty-fifth percentile; and
   2. Students in grades six through 12 who are receiving services under the special education program as authorized by Code Section 20-2-152 and whose Individualized Education Programs (IEP’s) specify that they meet the eligibility requirements specified in paragraph (1) of this subsection and that their special education program is not designed to address their respective reading, mathematics, or writing deficiencies.

      No more than 25 percent of the full-time equivalent population in eligible grades as specified in paragraphs (1) and (2) of this subsection shall be eligible for the remedial program; provided, however, that the State Board of Education may develop regulations whereby a higher percentage may be eligible if the percentage of students receiving free and reduced price lunches exceeds 50 percent.

2. Each local unit of administration shall submit to the State Board of Education by July 1 of each year the average achievement scores by subject area and grade level of all students who were receiving instructional services under the provisions of this Code section, except those students whose Individualized Education Programs under the special education program state they shall not be administered such achievement tests. If appropriate evaluation data are not received from a local school system by the state board by July 1 of each year, after a hearing has been held for the system, the subsequent allocation of funds under this Code section for the next fiscal year shall be withheld in accordance with the procedure specified in Code Section 20-2-243. The state board shall monitor each local school system’s remedial education program at least once each year. The state board shall annually request sufficient state funds to pay a pro rata share of the costs associated with the staff of the federal compensatory education program for disadvantaged children when such staff is used to evaluate the remedial education program under this Code section in conjunction with the evaluation of the federal compensatory education program for disadvantaged children in the same local school system.

History. Code 1981, § 20-2-154 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 612, § 6; Ga. L. 1991, p. 1630, § 1.1; Ga. L. 2000, p. 618, § 16; Ga. L. 2001, p. 148, § 2; Ga. L. 2006, p. 743, § 1/SB 515.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-154.1. Alternative education programs; alternative charter schools; intent; description; requirements; designation; funding; effectiveness.

1. It is the policy of this state that the alternative education program shall provide a learning environment that includes the objectives of the content standards and that the instruction in an alternative education program shall enable students to return to a general or career education program as quickly as possible. Course credit shall be earned in an alternative education program in the same manner as in other education programs. It is the policy of this state that it is preferable to reassign disruptive students to an alternative education program rather than suspending or expelling such students from school.
2. Alternative education programs are intended to meet the education needs of a student who is suspended from his or her regular classroom and also of a student who is eligible to remain in his or her regular classroom but is more likely to succeed in a nontraditional setting such as that provided in an alternative education program.
3. As part of the process of assigning a student to an alternative education program for academic or nondisciplinary reasons, the school shall assess, through policies and procedures promulgated by the local board of education, the needs of the student and consider options for addressing those needs.
4. Each local school system shall provide an alternative education program that:
   1. Is provided in a setting other than a student’s regular classroom;
   2. Is located on or off of a regular school campus and may include in-school suspension that provides continued progress on regular classroom assignments;
   3. Provides for disruptive students who are assigned to the alternative education program to be separated from nondisruptive students who are assigned to the program;
   4. Focuses on English language arts, mathematics, science, social studies, and self-discipline;
   5. Provides for students’ educational and behavioral needs; and
   6. Provides supervision and counseling.
5. An alternative education program may provide for a student’s transfer to a different campus, a school-community guidance center, or a community based alternative school.
6. A local school system may provide an alternative education program jointly with one or more other systems.
7. Each local school system shall cooperate with government agencies and community organizations that provide services in the school district to students placed in an alternative education program.
8. The amount of state funds appropriated and allocated for the alternative education program provided for in this Code section shall be based on the actual count of students served during the preceding year, except that the count of students served shall not exceed 2.5 percent of the sum of the full-time equivalent program count of the middle school program, the high school general education program (grades nine through 12), and the career, technical, and agricultural education laboratory program (grades nine through 12). Funds earned may be expended in kindergarten and in grades one through 12.
9. A local school system shall allocate to an alternative education program the same expenditure for each student attending the alternative education program, including federal, state, and local funds, that would be allocated to the student’s school if the student were attending the student’s regularly assigned education program, including a special education program, except as otherwise provided in this Code section.
10. Upon the request of a local school system, a regional educational service agency may provide to the system information on developing an alternative education program that takes into consideration the system’s size, wealth, and existing facilities in determining the program best suited to the system.
11. If a student placed in an alternative education program enrolls in another local school system before the expiration of the period of placement, the local board of education requiring the placement shall provide to the local school system in which the student enrolls, at the same time other records of the student are provided, a copy of the placement order. The local school system in which the student enrolls may continue the alternative education program placement under the terms of the order or may allow the student to attend regular classes without completing the period of placement.
12. 1. As used in this subsection, the term:
       1. “Alternative charter school” means a local charter school authorized by one or more local school systems, as provided for in Article 31 of this chapter, which provides an alternative education program, as provided for in this Code section, and which provides programs and services focused on dropout recovery or high school credit recovery.
       2. “Charter petitioner” means one or more private individuals, private organizations, state or local public entities, or adult learning providers, or any group of these working in cooperation, that submits or initiates a petition to establish an alternative charter school as a local charter school pursuant to Article 31 of this chapter.
       3. “System-collaborative state charter school” means a charter school authorized by the State Charter Schools Commission that provides programs and services for dropout recovery or high school credit recovery and is governed by a board of directors which may include personnel of the local board or boards of education from the geographic region which the charter school serves.
    2. 1. The State Board of Education and the Department of Education, in consultation with authorizing local school system or systems, shall establish a process to designate alternative charter schools. Any designation process established pursuant to this subparagraph shall, in addition to meeting the requirements provided for in Code Section 20-2-2063, shall require the charter petitioner to demonstrate how the proposed alternative charter school will increase graduation opportunities for traditional high school students, decrease dropout rates in local school systems, and provide high school credit recovery opportunities.
       2. 1. Not later than July 1, 2021, each system-collaborative charter school that has not transitioned to become an alternative charter school shall operate as a state chartered special school, as defined in Code Section 20-2-2062, authorized directly by the State Board of Education.
          2. The State Board of Education, in consultation with the State Charter Schools Commission and system-collaborative state charter schools, shall provide for the transfer and designation of existing system-collaborative state charter schools to state chartered special schools by July 1, 2021, except for those schools which have transitioned to become an alternative charter school pursuant to this subsection.
          3. For the duration of its current charter contract, each school that transitions from operating as a system-collaborative state charter school to operating as a state chartered special school as provided for in division (i) of this subparagraph shall be eligible to receive funding directly from the State Board of Education in an amount equal to the amount such school would have received pursuant to Code Section 20-2-2089 had such school continued to operate as a system-collaborative state charter school, except as provided for in division (iii) of subparagraph (C) of this paragraph; provided, however, that such funding eligibility shall be calculated pro rata based upon when such school commences operating as a state chartered special school as determined by the State Board of Education. Such funding shall not increase in subsequent fiscal years. A system-collaborative state charter school that does not transition to operating as a state chartered special school by July 1, 2021, shall not be eligible for funding available to state charter schools pursuant to Code Section 20-2-2089 after June 30, 2021.
          4. The State Board of Education shall be authorized to approve an attendance zone for each state chartered special school provided for in this subparagraph that includes one or more local school systems, or any portion thereof, or a state-wide attendance zone.
          5. The Department of Education shall provide administrative and technical support and shall be authorized to allocate funds, including state funds, federal funds, proceeds of general obligation debt, or any other available funds, for any school that transitions from operating as a system-collaborative state charter school to operating as a state chartered special school, as provided for in division (i) of this subparagraph, for purposes directly related to such transition to and operation as a state chartered special school for the duration of such school’s current charter contract. The Department of Education may withhold up to 2 percent of the amount determined pursuant to division (iii) of this subparagraph for each school that transitions from operating as a system-collaborative state charter school to operating as a state chartered special school, as provided for in division (i) of this subparagraph, for use in administering the duties required pursuant to this subsection; provided, however, that any amount withheld pursuant to this subdivision shall be spent solely on expenses incurred by the Department of Education in performing the duties required by this subsection.
       3. 1. The State Board of Education, in consultation with the authorizing local school system or systems, the State Charter Schools Commission, and system-collaborative state charter schools, shall provide for the transfer and designation of existing system-collaborative state charter schools to alternative charter schools not later than the conclusion of each such school’s current charter contract.
          2. Regardless of whether it is operating as a state chartered special school pursuant to Article 31 of this chapter or a state charter school pursuant to Article 31A of this chapter, each system-collaborative state charter school shall be eligible to petition one or more local school systems to become an alternative charter school.
          3. The State Board of Education shall not provide for the expansion, extension, renewal, or replication of former system-collaborative state charter schools as state chartered special schools; provided, however, that such schools may increase student enrollment by no more than 3 percent each school year and add no more than one school site each school year; provided, further, that any school site opened after July 1, 2021, shall be located within the same regional educational service agency service area where the former system-collaborative state charter school’s headquarters were located on January 1, 2021. School sites opened by a former system-collaborative state charter school after July 1, 2021, pursuant to this division shall not be included in the calculation of such former system-collaborative state charter school’s funding provided for in division (iii) of subparagraph (B) of this paragraph; provided, however, that such school sites shall be eligible to receive QBE formula earnings, as that term is defined in Code Section 20-2-2062.
          4. Notwithstanding any provision of the law to the contrary, effective July 1, 2021, no system-collaborative state charter school shall be eligible for the extension or renewal of its charter with the State Charter Schools Commission.
    3. The Department of Education, in collaboration with the Office of Student Achievement, shall be responsible for collecting and analyzing appropriate data from and about alternative charter schools on matters consisting of, but not limited to, alternative charter school effectiveness.
    4. Pursuant to an intragovernmental agreement between a student’s resident local school system and the local school system or systems which authorized the alternative charter school, alternative charter schools shall be authorized to enroll students from local school systems other than the local school system or systems which authorized the alternative charter school; provided, however, that students who reside in the authorizing local school system or systems of the alternative charter school shall be prioritized over students who reside outside of such system or systems.
13. The State Board of Education shall adopt rules necessary to administer the provisions of this Code section. Academically, the mission of alternative education programs shall be to enable students to perform at grade level. Annually, the Office of Student Achievement shall define for alternative education programs acceptable performance and performance indicating a need for peer review, based principally on standards defined by the Office of Student Achievement that measure the academic progress of students toward performing at grade level while attending an alternative education program.

History. Code 1981, § 20-2-154.1 , enacted by Ga. L. 2000, p. 618, § 17; Ga. L. 2001, p. 148, § 3; Ga. L. 2004, p. 107, § 22; Ga. L. 2009, p. 8, § 20/SB 46; Ga. L. 2013, p. 1061, § 7/HB 283; Ga. L. 2015, p. 1376, § 8/HB 502; Ga. L. 2021, p. 243, § 2/SB 153.

The 2015 amendment, effective July 1, 2015, substituted “content standards” for “quality core curriculum” near the beginning of subsection (a); and rewrote subsection (h).

The 2021 amendment, effective July 1, 2021, added subsection (l); and redesignated former subsection (l) as present subsection (m).

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

Ga. L. 2021, p. 243, § 1/SB 153, not codified by the General Assembly, provides: “It is the intent of the General Assembly to study alternative education models and funding including those focused on dropout prevention, high school credit recovery, and service of adult and incarcerated students. Such study of alternative education models and funding shall include alternative charter schools and state support of such schools. Such study shall occur during 2021 and 2022 and shall conclude with a recommendation to the General Assembly regarding alternative education models and funding.”

20-2-154.2. Agricultural education program; development of plan.

The agricultural education program provided in this state to students in grades six through 12 shall be based on the nationally recognized three-component model of school based agricultural education: daily instruction in an organized classroom and lab environment; hands-on, experiential learning opportunities through a supervised agriculture experience (SAE) program; and leadership and learning opportunities through participation in the Georgia FFA Association, the National FFA Organization, and agricultural education. The Department of Education, through its agricultural education program employees, shall develop the curriculum and standards for the agricultural education program, with input from agricultural education teachers, so as to include all three components of such model and local school systems shall include all three components of such model whenever offering any agricultural education course approved by the State Board of Education. The Department of Education shall maintain an adequate number of full-time employees, certified in agricultural education and distributed regionally throughout the state, to provide accountability for state and federal funds for program delivery of agricultural education, to continue to develop and maintain pertinent agricultural education curriculum and standards, to assist local school systems on matters related to agricultural education, and to coordinate regional and state-wide activities of the Georgia FFA Association, the National FFA Organization, and agricultural education.

History. Code 1981, § 20-2-154.2 , enacted by Ga. L. 2018, p. 731, § 2/SB 330.

Editor’s notes.

Ga. L. 2018, p. 731, § 1/SB 330, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Georgia Agricultural Education Act.’”

20-2-154.3. Agricultural programs in elementary schools; evaluation.

1. The Department of Education, through its agricultural education program employees described in Code Section 20-2-154.2, is authorized to administer an agricultural education program that local school systems may offer in elementary schools. If a local board of education elects to offer an elementary agricultural education program in an elementary school, the local board of education shall agree to implement and fully fund such program in accordance with this Code section and the practices or standards established by the agricultural education program of the Department of Education. The local school system shall employ an agricultural education teacher to provide such program for the elementary school.
2. The Department of Education, through its agricultural education program employees described in Code Section 20-2-154.2, shall establish the curriculum for each elementary agricultural education program. Such curriculum shall be grade-appropriate and include instruction in an organized classroom; collaborative learning experiences through investigation and inquiry, including laboratory and site-based learning activities; and personal and leadership development opportunities.
3. The Department of Education, through its agricultural education program, shall provide for a program evaluation regarding the success and impact of the pilot program in place in the 2019-2020, 2020-2021, and 2021-2022 school years and shall report in writing the results of such evaluation to the House Committee on Agriculture and Consumer Affairs and the Senate Agriculture and Consumer Affairs Committee and to the House Committee on Education and the Senate Education and Youth Committee, by December 31, 2022.

History. Code 1981, § 20-2-154.3 , enacted by Ga. L. 2018, p. 731, § 2/SB 330; Ga. L. 2022, p. 90, § 1/HB 1303.

The 2022 amendment, effective July 1, 2022, deleted former subsection (a), which read: “The Department of Education, through its agricultural education program, shall be authorized to establish a pilot program, beginning in the 2019-2020 school year, to provide for agricultural education in elementary schools in this state. The purpose of the pilot program shall be to determine whether and how to implement an elementary agricultural education program state wide.” and redesignated former subsections (b) through (d) as present subsections (a) through (c); rewrote present subsection (a), which read: “The Department of Education, through its agricultural education program employees described in Code Section 20-2-154.2, is authorized to select a minimum of six public elementary schools for participation in the pilot program, with one elementary school in each of the six existing regions established by the agricultural education program of the Department of Education. The local board of education for each elementary school selected to be in the pilot program shall agree to implement and fully fund an elementary agricultural education program in such school and to continue to provide such elementary agricultural education program for a period no shorter than three years. The local school system may employ an agricultural education teacher to provide such program for the elementary school.”; substituted “shall establish” for “and local school systems shall collaborate to establish” in the first sentence in present subsection (b); and in present subsection (c), substituted “pilot program in place in the 2019-2020, 2020-2021, and 2021-2022 school years and shall report in writing” for “pilot program upon completion of the third year of the pilot program and shall report” and added “, by December 31, 2022” at the end.

Editor’s notes.

Ga. L. 2018, p. 731, § 1/SB 330, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Georgia Agricultural Education Act.’”

20-2-155. School climate management program; model codes of behavior and discipline.

The State Board of Education shall establish a state-wide school climate management program to help local schools and systems requesting assistance in developing school climate improvement and management processes. Such projects will be designed to optimize local resources through voluntary community, student, teacher, administrator, and other school personnel participation. These processes will be designed for, but will not be limited to, promoting positive gains in student achievement scores, student and teacher morale, community support, and student and teacher attendance, while decreasing student suspensions, expulsions, dropouts, and other negative aspects of the total school environment. The state board upon request of a local school system is authorized to provide the necessary on-site technical assistance to local schools and systems and to offer other assistance through regional and state-wide conferences and workshops, printed material, and such other assistance as may be deemed appropriate under this Code section. The state board shall, upon request of a local school system, produce model codes of behavior and discipline and shall produce guidelines for application and administration of such codes. The results of this program shall be annually presented to the General Assembly for review in determining future appropriations for state-level technical assistance necessary to perform the duties assigned to the state board under this Code section.

History. Code 1981, § 20-2-155 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 2000, p. 618, § 18.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-156. Program for limited-English-proficient students.

The State Board of Education shall create a program for limited-English-proficient students whose native language is not English, subject to appropriation by the General Assembly. The purpose of this program is to assist such students to develop proficiency in the English language, including listening, speaking, reading, and writing, sufficient to perform effectively at the currently assigned grade level. The state board shall prescribe such rules and regulations regarding eligibility criteria and standards as may be needed to carry out the provisions of this Code section. This program may also be referred to as the English for speakers of other languages (ESOL) program.

History. Code 1981, § 20-2-156 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 2000, p. 618, § 19.

Cross references.

English designated as official language, § 50-3-100 .

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-157. Uniform reporting system for certain purposes; dual credit courses; academic eligibility requirements to receive HOPE scholarship.

1. It is the intent of the General Assembly to establish a uniform reporting system to be used as one of the criteria to determine eligibility of students seeking educational scholarships, grants, or loan assistance administered by the Georgia Student Finance Commission pursuant to Article 7 of Chapter 3 of this title.

   (a.1) As used in this Code section, the term “dual credit course” shall have the same meaning as in Code Section 20-2-161.3.

2. Each school system and private school shall adopt the reporting system described in this subsection for purposes of identifying and qualifying graduating seniors for the HOPE scholarship program and other programs identified in this Code section:
   1. Each school system and private school shall transmit, in a manner and at times prescribed by the Georgia Student Finance Commission, an electronic transcript of courses and course grades for each graduating senior that reflects the complete high school academic record of the student, including scores on any state tests required for graduation, the grading scales used by the school system or private school for the time periods referenced by the transcripts, and any other pertinent information as determined by the Georgia Student Finance Commission. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for HOPE scholarship eligibility shall be the actual grade earned by the student, with no weighting or addition of points by the local school system or private school;
   2. The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the HOPE scholarship from these electronic transcripts and shall notify students of their eligibility and high schools as to the eligibility of students;
   3. For students otherwise qualified and enrolling as freshmen students in eligible public or private postsecondary institutions for the first time on May 1, 2007, or thereafter, except as otherwise provided in paragraph (3.1) of this subsection, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section as follows:
      1. For students receiving a college preparatory diploma, each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language that would, if successfully completed, satisfy a core graduation requirement for the college preparatory curriculum shall be equated to a grade on a 4.0 scale, such that a grade of “A” = 4.0, a grade of “B” = 3.0, a grade of “C” = 2.0, a grade of “D” = 1.0, and a grade of “F” = 0; or
      2. For students receiving a career/technical diploma, each grade for a student in attempted coursework in English, mathematics, science, and social studies that would, if successfully completed, satisfy a core graduation requirement for the career/technical curriculum shall be equated to a grade on a 4.0 scale, such that a grade of “A” = 4.0, a grade of “B” = 3.0, a grade of “C” = 2.0, a grade of “D” = 1.0, and a grade of “F” = 0.

         Grades for coursework that is classified as advanced placement, a dual credit course, or international baccalaureate shall be weighted uniformly by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in this state taking the specified coursework. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale;

      (3.1) For students otherwise qualified and enrolling in the ninth grade for the first time during the 2008-2009 school year and thereafter, the Georgia Student Finance Commission shall calculate grade point averages for determining eligibility for the HOPE scholarship and other scholarships referenced in this Code section by equating each grade for a student in attempted coursework in English, mathematics, science, social studies, and foreign language during the student’s ninth, tenth, eleventh, or twelfth grade year to a grade on a 4.0 scale, such that a grade of “A” = 4.0, a grade of “B” = 3.0, a grade of “C” = 2.0, a grade of “D” = 1.0, and a grade of “F” = 0. Grades for coursework that is classified as advanced placement, a dual credit course, or international baccalaureate shall be weighted uniformly by the Georgia Student Finance Commission in calculating the overall grade point averages for students, provided that the weighting of such course grades is uniformly applied to all students in this state taking the specified coursework. The sum of the equated grades shall be divided by the number of course grades, adjusted for term length, to yield a grade point average on a 4.0 scale; and

   4. Qualification for the HOPE scholarship shall be determined from the grade point average calculated either as set out in paragraph (3) of this subsection or as set out in paragraph (3.1) of this subsection for students enrolling in the ninth grade for the first time in a Georgia public school during the 2008-2009 school year and thereafter. Beginning May 1, 2007, students with grade point averages equal to or in excess of 3.0 on the 4.0 scale with a college preparatory diploma shall meet achievement standards for the HOPE scholarship; students receiving a career/technical diploma shall meet achievement standards for the HOPE scholarship with a grade point average equal to or in excess of 3.2 on a 4.0 scale. For students enrolling in the ninth grade for the first time in a Georgia public school during the 2008-2009 school year and thereafter, such students with grade point averages equal to or in excess of 3.0 on a 4.0 scale shall meet achievement standards for the HOPE scholarship. This paragraph shall apply regardless of when a student graduated from high school and regardless of such student’s eligibility status prior to May 1, 2007.
3. 1. Beginning with the school year beginning after May 1, 2011, each school system and private school shall adopt the reporting system described in this subsection for purposes of determining potential eligibility for freshman, sophomore, and junior high school students for the HOPE scholarship program and other programs identified in this Code section.
   2. Each school system and private school shall transmit to the Georgia Student Finance Commission, in such manner and at such times as the commission may prescribe, an electronic transcript of courses and course grades for each freshman, sophomore, and junior high school student that reflects the complete high school academic record of the student, including scores on any state tests required for graduation, the grading scales used by the school system or private school for the time periods referenced by the transcripts, and any other pertinent information as determined by the Georgia Student Finance Commission. Each grade reported by a school system or private school to the commission for the purpose of calculating the grade point average for potential HOPE scholarship eligibility shall be the actual grade earned by the student with no weighting or addition of points by the school system or private school.
   3. The Georgia Student Finance Commission shall calculate a grade point average for the purpose of determining eligibility for the HOPE scholarship from these electronic transcripts and shall notify students of their potential eligibility and high schools as to the potential eligibility of students.
4. Beginning with students graduating from high school on or after May 1, 2015, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least two courses prior to graduating from high school from the following categories:
   1. Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course;
   2. Advanced science, such as Chemistry, Physics, Biology II, or an equivalent or higher course;
   3. Advanced placement courses in core subjects;

      (3.1) Dual credit courses in core subjects;

   4. International baccalaureate courses in core subjects;
   5. Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or
   6. Advanced foreign language courses.

      Students may take one or more courses in each category; provided, however, that a course may only be counted one time. The Georgia Student Finance Commission shall be authorized to promulgate rules and regulations necessary to carry out the intent of this subsection.

5. Beginning with students graduating from high school on or after May 1, 2016, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least three courses prior to graduating from high school from the following categories:
   1. Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course;
   2. Advanced science, such as Chemistry, Physics, Biology II, or an equivalent or higher course;
   3. Advanced placement courses in core subjects;

      (3.1) Dual credit courses in core subjects;

   4. International baccalaureate courses in core subjects;
   5. Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or
   6. Advanced foreign language courses.

      Students may take one or more courses in each category; provided, however, that a course may only be counted one time. The Georgia Student Finance Commission shall be authorized to promulgate rules and regulations necessary to carry out the intent of this subsection.

6. Beginning with students graduating from high school on or after May 1, 2017, in order to be eligible to receive a HOPE scholarship, a student shall receive credit in at least four courses prior to graduating from high school from the following categories:
   1. Advanced math, such as Advanced Algebra and Trigonometry, Math III, or an equivalent or higher course;
   2. Advanced science, such as Chemistry, Physics, Biology II, computer science, or an equivalent or higher course;
   3. Advanced placement courses in core subjects;

      (3.1) Dual credit courses in core subjects;

   4. International baccalaureate courses in core subjects;
   5. Courses taken at a unit of the University System of Georgia in core subjects where such courses are not remedial and developmental courses, as defined in Code Section 20-3-519; or
   6. Advanced foreign language courses.

      Students may take one or more courses in each category; provided, however, that a course shall only be counted one time. The Georgia Student Finance Commission shall be authorized to promulgate rules and regulations necessary to carry out the intent of this subsection.

7. At the conclusion of each school year, the local school system shall provide to each freshman, sophomore, and junior student or to his or her parent or guardian the grade point average calculated by the Georgia Student Finance Commission in accordance with the provisions of this Code section for determining HOPE eligibility.

History. Code 1981, § 20-2-157 , enacted by Ga. L. 1994, p. 1057, § 1; Ga. L. 1998, p. 626, § 1; Ga. L. 2004, p. 922, § 1; Ga. L. 2009, p. 115, § 1/HB 313; Ga. L. 2010, p. 397, § 1/SB 340; Ga. L. 2011, p. 1, § 13/HB 326; Ga. L. 2011, p. 635, § 4/HB 186; Ga. L. 2013, p. 85, § 1/HB 131; Ga. L. 2014, p. 164, § 3A/HB 405; Ga. L. 2015, p. 120, § 2/SB 132; Ga. L. 2016, p. 832, § 1/HB 801.

The 2014 amendment, effective July 1, 2014, added subsection (g).

The 2015 amendment, effective July 1, 2015, substituted “Code Section 20-2-161.3” for “Code Section 20-2-159.5” at the end of subsection (a.1).

The 2016 amendment, effective July 1, 2016, inserted “computer science,” in paragraph (f)(2), and substituted “shall only” for “may only” in the first sentence of the undesignated ending paragraph of subsection (f).

Editor’s notes.

Ga. L. 1998, p. 626, § 3, not codified by the General Assembly, provides that: “All rules and regulations previously adopted by the Georgia Student Finance Commission which pertain to HOPE grants, HOPE scholarships, HOPE GED vouchers, HOPE teacher’s scholarships, and PROMISE teacher’s scholarships are hereby ratified to the extent not inconsistent with this Act.”

Ga. L. 1998, p. 626, § 4, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 1998, and shall apply to scholarships and grants for the academic year beginning with the fall quarter or semester of 1998.”

Ga. L. 2011, p. 1, § 17/HB 326, not codified by the General Assembly, provides, in part, that the 2011 amendment shall be applicable to postsecondary students beginning in the fall of 2011.

Ga. L. 2011, p. 635, § 1/HB 186, not codified by the General Assembly, provides: “The General Assembly finds that:

“(1) Our state’s long-term prosperity depends on supporting an education system that is designed to prepare our students for a global economy;

“(2) High school students and parents must understand that they have options for career pathway programs of study that join a college-ready academic core with quality career, technical, and agricultural education studies that result in a high school diploma and preparation for success in advanced training, an associate’s degree, a baccalaureate degree, and a career;

“(3) Local school systems must provide every student with choices that are academically rigorous and aligned to opportunities in high-demand, high-skill, high-wage career fields and to postsecondary career and technical pathways leading to advanced credentials or degrees;

“(4) The State Board of Education, the Board of Regents of the University System of Georgia, and the Board of Technical and Adult Education must work together so that academic courses that are embedded within career, technical, and agricultural education courses (CTAE) are given appropriate academic credit at the high school level and recognized at the postsecondary level;

“(5) Teachers should be provided with professional development opportunities that enforce the academically rigorous standards in relevant, project based coursework;

“(6) High school students should clearly understand the options for dual high school and postsecondary credit, and the state should properly fund these options;

“(7) Every state education agency, postsecondary institution, and local school system should provide all high school students with opportunities for accelerated learning through dual credit coursework leading to at least six postsecondary credits and have as a collective goal to graduate every student with postsecondary credit;

“(8) Georgia’s strategic industries must be partners in our public education system (secondary and postsecondary) so that they are assured that our high school graduates are prepared for success in the workforce;

“(9) Georgia’s public education system must incorporate many different types of assessments and certificates into their programs so that a student’s skill level is assessed and that it also has meaning to them for postsecondary and career success; and

“(10) Georgia’s students must understand that a high school diploma and some form of postsecondary credential are key to success in the workforce and earning a family living wage.”

Law reviews.

For article on the 2004 amendment of this Code section, see 21 Ga. St. U.L. Rev. 107 (2004).

For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 115 (2011).

For article, “Education: Postsecondary Education,” see 28 Ga. St. U.L. Rev. 193 (2011).

For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 183 (2016).

20-2-158. Contracts for school psychology services.

A local unit of administration shall be authorized to contract for school psychology services with an individual certified by the Professional Standards Commission in school psychology. The certified individual shall be authorized to practice school psychology for the local unit of administration notwithstanding any contrary provision contained in Chapter 39 of Title 43 which requires such individual to be licensed thereunder.

History. Code 1981, § 20-2-158 , enacted by Ga. L. 1994, p. 668, § 1.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1994, this Code section, originally designated as Code Section 20-2-157 by Ga. L. 1994, p. 668, § 1, was redesignated as Code Section 20-2-158 in view of the fact that Ga. L. 1994, p. 1057, § 1, had already enacted a Code Section 20-2-157.

20-2-159. Requirements for receiving special education and related services of students enrolled in home study programs.

For the purposes of the Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., students enrolled in home study programs meeting the requirements of Code Section 20-2-690 shall be deemed to be private school students and shall be provided with the same special education and related services as students enrolled in private schools.

History. Code 1981, § 20-2-159 , enacted by Ga. L. 2002, p. 798, § 1.

20-2-159.1. Focused programs of study.

1. The Department of Education shall develop, and the State Board of Education shall approve, state models and industry required content standards, after consultation with industries in Georgia and in collaboration with the Technical College System of Georgia and the University System of Georgia to ensure alignment with postsecondary opportunities, for the following focused programs of study, as defined in Code Section 20-2-326, including, but not limited to:
   1. Agriculture, food, and natural resources;
   2. Architecture and construction;
   3. Arts, audio-video technology, and communications;
   4. Business, management, and administration;
   5. Education and training;
   6. Finance;
   7. Health science;
   8. Hospitality and tourism;
   9. Human services;
   10. Information technology;
   11. Law, public safety, and security;
   12. Manufacturing;
   13. Government and public administration;
   14. Marketing, sales, and service;
   15. Science, technology, engineering, and mathematics;
   16. Transportation, distribution, and logistics; and
   17. Energy.

       Such focused programs of study may be combined around these and other related clusters.

2. The focused programs of study established pursuant to this Code section may include or be revised to include industry certifications or industry credentialing, as defined in Code Section 20-2-326, pertinent to any such focused program of study. After consultation with employers and industries in Georgia, the Department of Education and the Technical College System of Georgia shall jointly establish a list of industry credentials that are required by Georgia employers. Such list shall be made available on the Department of Education and the Technical College System of Georgia websites. Such list shall be annually reviewed and updated as appropriate and made available prior to the beginning of the annual competitive grant application process provided for in subsection (j) of Code Section 20-2-260.

History. Code 1981, § 20-2-159.1 , enacted by Ga. L. 2011, p. 635, § 5/HB 186; Ga. L. 2012, p. 689, § 3/HB 713; Ga. L. 2015, p. 1376, § 9/HB 502; Ga. L. 2018, p. 731, § 3/SB 3.

The 2015 amendment, effective July 1, 2015, substituted “content standards” for “curriculum framework” in the introductory paragraph.

The 2018 amendment, effective July 1, 2018, designated the existing provisions as subsection (a); in subsection (a), substituted “The” for “No later than July 1, 2013, the” at the beginning and substituted “industry required content standards, after consultation with industries in Georgia and in collaboration with the Technical College System of Georgia and the University System of Georgia to ensure alignment with postsecondary opportunities,” for “content standards” in the middle; deleted “and” at the end of paragraph (a)(15); added “; and” at the end of paragraph (a)(16); added paragraph (a)(17); and added subsection (b).

Editor’s notes.

Ga. L. 2011, p. 635, § 1/HB 186, not codified by the General Assembly, provides: “The General Assembly finds that:

“(1) Our state’s long-term prosperity depends on supporting an education system that is designed to prepare our students for a global economy;

“(2) High school students and parents must understand that they have options for career pathway programs of study that join a college-ready academic core with quality career, technical, and agricultural education studies that result in a high school diploma and preparation for success in advanced training, an associate’s degree, a baccalaureate degree, and a career;

“(3) Local school systems must provide every student with choices that are academically rigorous and aligned to opportunities in high-demand, high-skill, high-wage career fields and to postsecondary career and technical pathways leading to advanced credentials or degrees;

“(4) The State Board of Education, the Board of Regents of the University System of Georgia, and the Board of Technical and Adult Education must work together so that academic courses that are embedded within career, technical, and agricultural education courses (CTAE) are given appropriate academic credit at the high school level and recognized at the postsecondary level;

“(5) Teachers should be provided with professional development opportunities that enforce the academically rigorous standards in relevant, project based coursework;

“(6) High school students should clearly understand the options for dual high school and postsecondary credit, and the state should properly fund these options;

“(7) Every state education agency, postsecondary institution, and local school system should provide all high school students with opportunities for accelerated learning through dual credit coursework leading to at least six postsecondary credits and have as a collective goal to graduate every student with postsecondary credit;

“(8) Georgia’s strategic industries must be partners in our public education system (secondary and postsecondary) so that they are assured that our high school graduates are prepared for success in the workforce;

“(9) Georgia’s public education system must incorporate many different types of assessments and certificates into their programs so that a student’s skill level is assessed and that it also has meaning to them for postsecondary and career success; and

“(10) Georgia’s students must understand that a high school diploma and some form of postsecondary credential are key to success in the workforce and earning a family living wage.”

Ga. L. 2018, p. 731, § 1/SB 3, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Creating Opportunities Needed Now to Expand Credentialed Training (CONNECT) Act.’”

Law reviews.

For article on the 2011 enactment of this Code section, see 28 Ga. St. U.L. Rev. 115 (2011).

20-2-159.2. Coordination between high schools and postsecondary institutions to minimize the need for remedial coursework for students in postsecondary institutions.

Stronger coordination between high schools and institutions of higher education is necessary to prepare students for more challenging postsecondary endeavors and to lessen the need for academic remediation in college, thereby reducing the costs of higher education for students, families, and the state. To this end, the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of the Technical College System of Georgia shall:

1. Develop policies to ensure that students who master the content standards established pursuant to Code Section 20-2-140 will meet the requirements for purposes of admission into a postsecondary institution, such as grade point average and readiness levels in reading, writing, and mathematics, without having to take remedial coursework. Such policies shall:
   1. Establish the benchmarks for college readiness and the method in which students can demonstrate readiness in reading, writing, and mathematics for postsecondary coursework upon completing the content standards; and
   2. Set the conditions for ensuring college readiness;
2. Define college-readiness standards in reading, writing, and mathematics needed for success in advanced training, certificate programs, and programs leading to an associate’s or bachelor’s degree;
3. Identify one or more state-wide common assessments to determine postsecondary readiness in reading, writing, and mathematics and inform students of their performance on such assessments no later than the end of tenth grade;
4. Develop transitional courses in reading, writing, and mathematics, with common standards, syllabus, and instruction materials for eleventh and twelfth grade students who fail to meet readiness standards, which courses shall be required by the state board to be offered by all local boards of education and which all students who are identified pursuant to paragraph (3) of this subsection as failing to meet readiness standards shall be required to take;
5. Establish a state-wide process for determining how successful completion of transitional courses will guarantee that students will meet readiness standards; and
6. Ensure dual credit courses reflect postsecondary coursework.

History. Code 1981, § 20-2-159.2 , enacted by Ga. L. 2011, p. 635, § 5/HB 186; Ga. L. 2012, p. 689, § 4/HB 713; Ga. L. 2015, p. 1376, § 10/HB 502.

The 2015 amendment, effective July 1, 2015, substituted “master the content standards” for “complete the core curriculum” near the beginning of paragraph (1); and substituted “content standards” for “core curriculum” at the end of subparagraph (1)(A).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2011, “State Board of the Technical College System of Georgia” was substituted for “Board of Technical and Adult Education” in the introductory paragraph.

Editor’s notes.

Ga. L. 2011, p. 635, § 1/HB 186, not codified by the General Assembly, provides: “The General Assembly finds that:

“(1) Our state’s long-term prosperity depends on supporting an education system that is designed to prepare our students for a global economy;

“(2) High school students and parents must understand that they have options for career pathway programs of study that join a college-ready academic core with quality career, technical, and agricultural education studies that result in a high school diploma and preparation for success in advanced training, an associate’s degree, a baccalaureate degree, and a career;

“(3) Local school systems must provide every student with choices that are academically rigorous and aligned to opportunities in high-demand, high-skill, high-wage career fields and to postsecondary career and technical pathways leading to advanced credentials or degrees;

“(4) The State Board of Education, the Board of Regents of the University System of Georgia, and the Board of Technical and Adult Education must work together so that academic courses that are embedded within career, technical, and agricultural education courses (CTAE) are given appropriate academic credit at the high school level and recognized at the postsecondary level;

“(5) Teachers should be provided with professional development opportunities that enforce the academically rigorous standards in relevant, project based coursework;

“(6) High school students should clearly understand the options for dual high school and postsecondary credit, and the state should properly fund these options;

“(7) Every state education agency, postsecondary institution, and local school system should provide all high school students with opportunities for accelerated learning through dual credit coursework leading to at least six postsecondary credits and have as a collective goal to graduate every student with postsecondary credit;

“(8) Georgia’s strategic industries must be partners in our public education system (secondary and postsecondary) so that they are assured that our high school graduates are prepared for success in the workforce;

“(9) Georgia’s public education system must incorporate many different types of assessments and certificates into their programs so that a student’s skill level is assessed and that it also has meaning to them for postsecondary and career success; and

“(10) Georgia’s students must understand that a high school diploma and some form of postsecondary credential are key to success in the workforce and earning a family living wage.”

Law reviews.

For article on the 2011 enactment of this Code section, see 28 Ga. St. U.L. Rev. 115 (2011).

20-2-159.3. Academic core standards to be embedded in career, technical, and agricultural education courses.

1. The content standards established for career, technical, and agricultural education courses pursuant to Code Section 20-2-140 shall include embedded standards in academic core subject areas, as appropriate. In establishing such content standards, the state board shall work to ensure that the coursework meets postsecondary requirements for acceptance of credit for such coursework at the postsecondary level. Such courses shall be taught by a highly qualified teacher in the academic content and trained or experienced in contextualized learning using project based methods; by a highly qualified career, technical, and agricultural education teacher who has completed a state-approved training program to strengthen academic content and has passed a state-approved exam for demonstrating mastery of academic content; or by a team made up of a highly qualified teacher in the academic content and a highly qualified career, technical, and agricultural education teacher working together to teach the course.
2. Local school systems and individual charter schools may develop and implement career, technical, and agricultural courses with embedded standards in academic core subjects areas, including, but not limited to, English, language arts, science, social studies, and mathematics.
3. For an academic core subject area for which an end-of-course assessment has been adopted pursuant to Code Section 20-2-281, students shall be given the opportunity to take such end-of-course assessment upon completion of the career, technical, and agricultural education course that includes embedded standards in such academic core subject area, unless such student has already passed such end-of-course assessment.
4. Students who successfully complete a course in career, technical, and agricultural education that includes embedded standards in academic core subject areas, as adopted or approved by the state board, shall receive course credit for both the career, technical, and agricultural education course as well as for the academic core coursework embedded in such course.
5. The guidelines shall limit the number of academic credits earned through career, technical, and agricultural education courses for any student to three credits and shall ensure acceptance of such credits for purposes of admission into a postsecondary institution. Further, such a credit shall count only once toward high school diploma requirements unless the course requires expanded time to cover the academic and career, technical, and agricultural education content found in both the academic and the career, technical, and agricultural education course.

History. Code 1981, § 20-2-159.3 , enacted by Ga. L. 2011, p. 635, § 5/HB 186; Ga. L. 2015, p. 1376, § 11/HB 502.

The 2015 amendment, effective July 1, 2015, substituted “content standards” for “competencies and curricula” twice in subsection (a).

Editor’s notes.

Ga. L. 2011, p. 635, § 1/HB 186, not codified by the General Assembly, provides: “The General Assembly finds that:

“(1) Our state’s long-term prosperity depends on supporting an education system that is designed to prepare our students for a global economy;

“(2) High school students and parents must understand that they have options for career pathway programs of study that join a college-ready academic core with quality career, technical, and agricultural education studies that result in a high school diploma and preparation for success in advanced training, an associate’s degree, a baccalaureate degree, and a career;

“(3) Local school systems must provide every student with choices that are academically rigorous and aligned to opportunities in high-demand, high-skill, high-wage career fields and to postsecondary career and technical pathways leading to advanced credentials or degrees;

“(4) The State Board of Education, the Board of Regents of the University System of Georgia, and the Board of Technical and Adult Education must work together so that academic courses that are embedded within career, technical, and agricultural education courses (CTAE) are given appropriate academic credit at the high school level and recognized at the postsecondary level;

“(5) Teachers should be provided with professional development opportunities that enforce the academically rigorous standards in relevant, project based coursework;

“(6) High school students should clearly understand the options for dual high school and postsecondary credit, and the state should properly fund these options;

“(7) Every state education agency, postsecondary institution, and local school system should provide all high school students with opportunities for accelerated learning through dual credit coursework leading to at least six postsecondary credits and have as a collective goal to graduate every student with postsecondary credit;

“(8) Georgia’s strategic industries must be partners in our public education system (secondary and postsecondary) so that they are assured that our high school graduates are prepared for success in the workforce;

“(9) Georgia’s public education system must incorporate many different types of assessments and certificates into their programs so that a student’s skill level is assessed and that it also has meaning to them for postsecondary and career success; and

“(10) Georgia’s students must understand that a high school diploma and some form of postsecondary credential are key to success in the workforce and earning a family living wage.”

Law reviews.

For article on the 2011 enactment of this Code section, see 28 Ga. St. U.L. Rev. 115 (2011).

20-2-159.4. Policies and guidelines for awarding units of high school credit based on demonstrated proficiency.

1. The State Board of Education, in consultation with the Board of Regents of the University System of Georgia and the State Board of the Technical College System of Georgia, shall adopt policies and establish guidelines for awarding units of high school credit to students based on a demonstration of subject area competency, instead of or in combination with completion of courses of classroom instruction. Such policies and guidelines shall clearly delineate the manner in which students can earn credit, how mastery of standards will be assessed, how locally developed assessments will be reviewed and approved, how such credit will be recorded on high school transcripts, and when outcomes as a result of these policies and guidelines will be reviewed. The state board shall adopt such policies and establish guidelines, and such policies and guidelines shall be applicable beginning with the 2013-2014 school year.
2. Students may earn credits through:
   1. The completion of courses; or
   2. The testing out or otherwise demonstrating mastery of the course content.
3. The state board shall identify assessments, including various commercial assessments, for immediate use for students to demonstrate subject area competency, which may include, but not be limited to:
   1. Advanced placement exams;
   2. ACT course assessment;
   3. Industry-specific certificates and industry credentialing, as defined in Code Section 20-2-326, for career, technical, and agricultural education courses;
   4. College Level Examination Program (CLEP) exams; and
   5. Nationally recognized foreign language performance assessments.

      The state board shall establish a process for reviewing and approving performance based assessments developed commercially, by the state, or by a local school system. Initially, the state board shall limit the number of credits earned though such educational options to three credits per student until the practice is proven to yield student outcomes at least equivalent to those found in standard seat-time courses. The policy shall ensure that credit for demonstrated proficiency is reported on student transcripts in the same way that seat-time credit is recorded. The state board shall review such policy after three years to determine if student outcomes from these educational options are equivalent to, if not better than, student outcomes in traditional courses.

4. Each local school system shall comply with the state board’s plan adopted pursuant to this Code section and shall award units of high school credit in accordance with such plan. Local boards of education and charter schools shall establish implementation policies and shall be prohibited from setting policies that negate or otherwise prohibit access to such plan.

History. Code 1981, § 20-2-159.4 , enacted by Ga. L. 2011, p. 635, § 5/HB 186; Ga. L. 2012, p. 689, § 5/HB 713; Ga. L. 2018, p. 731, § 4/SB 3.

The 2018 amendment, effective July 1, 2018, substituted “industry credentialing, as defined in Code Section 20-2-326,” for “credentials” in paragraph (c)(3).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2011, “State Board of the Technical College System of Georgia” was substituted for “Board of Technical and Adult Education” in the first sentence of subsection (a).

Editor’s notes.

Ga. L. 2011, p. 635, § 1/HB 186, not codified by the General Assembly, provides: “The General Assembly finds that:

“(1) Our state’s long-term prosperity depends on supporting an education system that is designed to prepare our students for a global economy;

“(2) High school students and parents must understand that they have options for career pathway programs of study that join a college-ready academic core with quality career, technical, and agricultural education studies that result in a high school diploma and preparation for success in advanced training, an associate’s degree, a baccalaureate degree, and a career;

“(3) Local school systems must provide every student with choices that are academically rigorous and aligned to opportunities in high-demand, high-skill, high-wage career fields and to postsecondary career and technical pathways leading to advanced credentials or degrees;

“(4) The State Board of Education, the Board of Regents of the University System of Georgia, and the Board of Technical and Adult Education must work together so that academic courses that are embedded within career, technical, and agricultural education courses (CTAE) are given appropriate academic credit at the high school level and recognized at the postsecondary level;

“(5) Teachers should be provided with professional development opportunities that enforce the academically rigorous standards in relevant, project based coursework;

“(6) High school students should clearly understand the options for dual high school and postsecondary credit, and the state should properly fund these options;

“(7) Every state education agency, postsecondary institution, and local school system should provide all high school students with opportunities for accelerated learning through dual credit coursework leading to at least six postsecondary credits and have as a collective goal to graduate every student with postsecondary credit;

“(8) Georgia’s strategic industries must be partners in our public education system (secondary and postsecondary) so that they are assured that our high school graduates are prepared for success in the workforce;

“(9) Georgia’s public education system must incorporate many different types of assessments and certificates into their programs so that a student’s skill level is assessed and that it also has meaning to them for postsecondary and career success; and

“(10) Georgia’s students must understand that a high school diploma and some form of postsecondary credential are key to success in the workforce and earning a family living wage.”

Ga. L. 2018, p. 731, § 1/SB 3, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Creating Opportunities Needed Now to Expand Credentialed Training (CONNECT) Act.’”

Law reviews.

For article on the 2011 enactment of this Code section, see 28 Ga. St. U.L. Rev. 115 (2011).

20-2-159.5. Georgia Seal of Biliteracy; purpose; qualifications; insignia.

1. There is established a Georgia Seal of Biliteracy to recognize high school graduates who have attained a high level of proficiency in speaking, reading, and writing one or more languages in addition to English.
2. The purposes of the Georgia Seal of Biliteracy are as follows:
   1. To encourage pupils to study foreign languages;
   2. To certify attainment of biliteracy;
   3. To provide employers with a method to identify people with language and biliteracy skills;
   4. To provide universities with a method to recognize and give academic credit to applicants seeking admission; and
   5. To recognize and promote foreign language instruction in public schools.
3. In order to qualify for the Georgia Seal of Biliteracy, a high school graduate shall meet the following criteria:
   1. Completion of all English language arts requirements for graduation with an overall grade point average of 3.0 or above in those classes; and
   2. Proficiency in one or more languages other than English, demonstrated by passing a foreign language advanced placement examination with a score of 4 or higher or an international baccalaureate examination with a score of 5 or higher; provided, however, that for languages in which an advanced placement examination is not available, the Department of Education may provide a listing of equivalent summative examinations that local school systems may use in place of such an advanced placement examination.
4. 1. A local school system participating in the Georgia Seal of Biliteracy program shall maintain appropriate records in order to identify pupils who have earned a Georgia Seal of Biliteracy and shall affix the appropriate insignia to the diploma or transcript of each pupil who earns such seal.
   2. Local school system participation in the Georgia Seal of Biliteracy program shall be voluntary. No local school system shall be required to expend additional resources or hire additional personnel to implement the provisions of this Code section.
5. The Department of Education shall prepare and deliver to participating local school systems an appropriate insignia to be affixed to the diploma or transcript of the pupil indicating that such pupil has been awarded a Georgia Seal of Biliteracy.

History. Code 1981, § 20-2-159.5 , enacted by Ga. L. 2016, p. 835, § 1/HB 879.

Editor’s notes.

Former Code Section 20-2-159.5 , relating to dual credit courses and requirements, was repealed by Ga. L. 2015, p. 120, § 3/SB 132, effective July 1, 2015. The former Code section was based on Code 1981, § 20-2-159.5 , enacted by Ga. L. 2011, p. 635, § 5/HB 186; Ga. L. 2014, p. 341, § 3/HB 766.

20-2-159.6. Screening for dyslexia and related disorders; training and professional development; pilot program evaluating early intervention; data reporting.

1. As used in this Code section, the term:
   1. “Aphasia” means a condition characterized by either partial or total loss of the ability to communicate verbally or through written words. A person with aphasia may have difficulty speaking, reading, writing, recognizing the names of objects, or understanding what other people have said. The condition may be temporary or permanent and shall not include speech problems caused by loss of muscle control.
   2. “Dyscalculia” means the inability to understand the meaning of numbers, the basic operations of addition and subtraction, or the complex operations of multiplication and division or to apply math principles to solve practical or abstract problems.
   3. “Dysgraphia” means difficulty in automatically remembering and mastering the sequence of muscle motor movements needed to accurately write letters or numbers.
   4. “Dyslexia” means a specific learning disability that is neurological in origin. Dyslexia is characterized by difficulties with accurate or fluent word recognition and by poor spelling and decoding abilities. These difficulties typically result from a deficit in the phonological component of language that is often unexpected in relation to other cognitive abilities and the provision of effective classroom instruction. Secondary consequences may include problems in reading comprehension and reduced reading experience that can impede the growth of vocabulary and background knowledge.
   5. “Other disorders” means aphasia, dyscalculia, and dysgraphia.
   6. “Parent” means a parent, legal agent, legal guardian, or kinship caregiver.
   7. “Phonemic awareness” means the ability to recognize that a spoken word consists of a sequence of individual sounds and the ability to manipulate individual sounds when speaking.
   8. “Qualified dyslexia screening tool” means an assessment that measures a student’s ability to demonstrate phonological awareness skills, phonemic decoding efficiency skills, sight word reading efficiency skills, rapid automatic naming skills, and accuracy of word reading on grade-level text.
2. No later than July 1, 2020, the State Board of Education shall develop policies for referring students in kindergarten and grades one through three for screening who have been identified through the response-to-intervention process as having characteristics of dyslexia, other disorders, or both. Such policies shall include but are not limited to:
   1. The definition and characteristics of dyslexia and related disorders;
   2. A list of approved qualified dyslexia screening tools that address the following components:
      1. Phonological awareness and phonemic awareness;
      2. Sound symbol recognition;
      3. Alphabet knowledge;
      4. Decoding skills;
      5. Encoding skills; and
      6. Rapid naming;
   3. The process for referring students in kindergarten and grades one through three for screening in collaboration with the local school system’s response-to-intervention programs;
   4. A process for parents to provide informed consent for use of a qualified dyslexia screening tool and notification of the results of the screening;
   5. A process for parents to decline dyslexia screening for their child;
   6. A process for providing the parents of students identified as having characteristics of dyslexia with information and resource material regarding dyslexia; and
   7. A process for monitoring the student’s progress after the positive identification of characteristics of dyslexia.
3. No later than December 1, 2019, the Department of Education shall make available a dyslexia informational handbook that includes guidance, technical assistance, and training to assist all local school systems in the implementation of evidence based practices for instructing students with characteristics of dyslexia. Such handbook shall include, but not be limited to, the following information for local school systems screening students in kindergarten and grades one through three who have been identified through the response-to-intervention process as having characteristics of dyslexia:
   1. Evidence based practices designed specifically for students with characteristics of dyslexia;
   2. Characteristics of targeted instruction for dyslexia;
   3. Guidance on developing instructional plans for students with characteristics of dyslexia;
   4. Best practices toward meaning-centered reading and writing;
   5. Developmentally appropriate curricula and engaging instructional materials and practices;
   6. Structured multisensory approaches to teach language and reading skills; and
   7. Suggested training programs.
4. The Department of Education shall collaborate with the Professional Standards Commission to improve and update professional development opportunities for teachers specifically relating to dyslexia. The training shall focus on:
   1. Development and ongoing implementation of training and coaching for teachers regarding dyslexia and other disorders;
   2. Identifying high-quality trainers to provide support to local school systems utilizing a coaching model to develop school level dyslexia experts;
   3. Developing awareness training modules for all instructional staff to include information about dyslexia;
   4. Evidence based interventions, structured multisensory approaches to teach language and reading skills, and accommodations for students with characteristics of dyslexia and other disorders; and
   5. School and school system policies and procedures related to the response-to-intervention framework addressing reading, writing, mathematics, and behavior. Teachers shall be notified annually of any changes in policy, procedures, and specific instructional methodologies.
5. 1. Beginning with the 2020-2021 school year, the State School Superintendent shall establish a three-year pilot program to demonstrate and evaluate the effectiveness of early reading assistance programs for students with risk factors for dyslexia. The State School Superintendent shall select at least three local school systems, preferably at least one of which is located in an urban setting, one of which is located in a suburban setting, and one of which is located in a rural setting. The State School Superintendent shall consult with recognized organizations that specialize in structured literacy programs for the instruction of students with characteristics of dyslexia in establishing and operating the pilot program.
   2. To be considered by the State School Superintendent to be in the pilot program, a local school system shall submit a proposal to the Department of Education that:
      1. Identifies a method of screening students for low phonemic awareness, rapid automatic naming skills, and characteristics of dyslexia;
      2. Provides for the enrollment of students with characteristics of dyslexia in an International Dyslexia Association (IDA) approved reading program staffed by teachers trained in structured literacy programs as outlined in IDA’s Knowledge and Practice Standards; and
      3. Includes a methodology for evaluating the effects of the reading program on the student’s identified characteristics.
   3. Local school systems selected to participate in the pilot program shall screen all kindergarten students for characteristics of dyslexia and may screen kindergarten students for other disorders. Further, such participating local school systems shall screen students in grades one through three for characteristics of dyslexia, and may screen such students for other disorders, who have been identified through the response-to-intervention process. Participating local school systems shall also provide appropriate reading intervention services for such students and administer assessments to ascertain whether the intervention services improve such students’ language processing and reading skills.
   4. Each local school system chosen to participate in the pilot program shall comply with all applicable state and federal laws and require the parent of students suspected of having characteristics of dyslexia to indicate in writing that the parent voluntarily and knowingly consents to the student’s participation in the pilot program for the provision of reading intervention services. Each participating local school system shall provide to the parents of students suspected of having characteristics of dyslexia information about dyslexia and recommended interventions.
   5. Each participating local school system shall report to the Department of Education data about the operation and results of the pilot program, as required by the department’s guidelines and procedures.
   6. Not later than December 1 of the third school year in which the pilot program is operating, the State School Superintendent shall submit a report to the House Education Committee and the Senate Committee on Education and Youth that contains the superintendent’s evaluation of the results of the pilot program and any legislative recommendations regarding the identification of and interventions for students with characteristics of dyslexia, including recommendations regarding screening of all kindergarten students.
   7. This subsection shall be subject to appropriations by the General Assembly.
6. 1. Beginning with the 2024-2025 school year, local school systems shall screen all kindergarten students for characteristics of dyslexia and may screen kindergarten students for other disorders. Further, local school systems shall screen students in grades one through three for characteristics of dyslexia, and may screen such students for other disorders, who have been identified through the response-to-intervention process. Screening shall be conducted in accordance with the policies developed by the State Board of Education pursuant to subsection (b) of this Code section and the dyslexia informational handbook produced by the Department of Education pursuant to subsection (c) of this Code section, including policies and information developed relating to universal screening of kindergarten students for characteristics of dyslexia.
   2. By June 30 of each year, local school systems shall provide the following data to the Department of Education:
      1. The number of students in kindergarten through grade three who were identified as having characteristics of dyslexia through screening;
      2. The number of students in kindergarten through grade three who were screened for characteristics of dyslexia in a school year;
      3. The number of students in kindergarten through grade three who were newly identified as having characteristics of dyslexia in a school year;
      4. The process or tool used to evaluate student progress;
      5. The number of students in kindergarten through grade three who were participating in interventions within the school setting and the number participating in interventions outside the school setting; and
      6. The number of trained school system personnel or licensed professionals used to administer the qualified dyslexia screening tool.
   3. This subsection shall be subject to appropriations by the General Assembly.

History. Code 1981, § 20-2-159.6 , enacted by Ga. L. 2019, p. 324, § 1/SB 48.

Editor’s notes.

Pursuant to subsection (e) of this Code section, funds ($750,000.00) were appropriated for fiscal year 2020. Pursuant to subsection (f) of this Code section, funds ($100,000.00) were appropriated for fiscal year 2020.

Administrative rules and regulations.

Dyslexia Endorsement, Official Compilation of the Rules and Regulations of the State of Georgia, Professional Standards Commission, Certification, Sec. 505-2-.192.

20-2-160. Determination of enrollment by institutional program; determination of funds to be appropriated.

1. The State Board of Education shall designate the specific dates upon which two counts of students enrolled in each instructional program authorized under this article shall be made each school year and by which the counts shall be reported to the Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student’s specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career, technical, and agricultural education laboratory program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; or any other course or activity so designated by the state board. For the purpose of this Code section, the term “enrichment course” means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more content standards as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in a dual credit course pursuant to Code Section 20-2-161.3 shall be counted for the high school program or other appropriate program for each segment in which the student is attending such dual credit course. The state board shall adopt such regulations and criteria as necessary to ensure objective and true counts of students in state approved instructional programs. The state board shall also establish criteria by which students shall be counted as resident or nonresident students, including specific circumstances which may include, but not be limited to, students attending another local school system under court order or under the terms of a contract between two local school systems. If a local school system has a justifiable reason, it may seek authority from the state board to shift full-time equivalent program counts from the designated date to a requested alternate date.
2. The full-time equivalent (FTE) program count for each local school system shall be obtained in the following manner:
   1. Count the number of one-sixth segments of the school day for which each student is enrolled in each program authorized under Code Section 20-2-161; and
   2. Divide the total number of segments counted for each program by six. The result is the full-time equivalent program count for each respective state recognized program.
3. For the purpose of initially determining the amount of funds to be appropriated to finance each respective program for the ensuing fiscal year, a projection of the second full-time equivalent program count shall be calculated as follows:
   1. Divide the first total full-time equivalent count for the current fiscal year by the first total full-time equivalent count for the immediately preceding fiscal year;
   2. Multiply the quotient obtained in paragraph (1) of this subsection by the second total full-time equivalent count for the immediately preceding fiscal year. The result shall be the projected second total full-time equivalent count for the current fiscal year;
   3. Divide the average of the local school system’s two most recent full-time equivalent program counts by the average of the two most recent total full-time equivalent counts; and
   4. Multiply the quotient obtained in paragraph (3) of this subsection by the product obtained in paragraph (2) of this subsection. The result shall be the projected second full-time equivalent program count for the current fiscal year.
4. The average of the first full-time equivalent program count, weighted two parts, and the projected second full-time equivalent program count, weighted one part, shall be used to initially determine the funds needed to finance the program for the ensuing fiscal year.
5. For purposes of calculating allotments for a new or revised instructional program for which the full-time equivalent program counts provided for in subsections (a) through (d) of this Code section do not exist, the most recent full-time equivalent program count shall be used until such time as the full-time equivalent program counts provided for in subsections (a) through (d) of this Code section do exist.
6. The allotments for the alternative education program shall be calculated as provided in subsection (h) of Code Section 20-2-154.1.

History. Code 1981, § 20-2-160 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 1991, § 1; Ga. L. 1990, p. 1354, § 2; Ga. L. 1992, p. 462, § 1; Ga. L. 1992, p. 1335, § 1; Ga. L. 1993, p. 1693, § 1; Ga. L. 1996, p. 494, § 1; Ga. L. 2000, p. 618, § 20; Ga. L. 2001, p. 148, § 4; Ga. L. 2005, p. 795, § 1/SB 33; Ga. L. 2006, p. 743, § 2/SB 515; Ga. L. 2011, p. 635, § 6/HB 186; Ga. L. 2012, p. 893, § 2/SB 289; Ga. L. 2013, p. 1061, § 8/HB 283; Ga. L. 2015, p. 120, § 4/SB 132; Ga. L. 2015, p. 1376, § 12/HB 502.

The 2015 amendments. —

The first 2015 amendment, effective July 1, 2015, substituted “Code Section 20-2-161.3” for “Code Section 20-2-159.5” near the end of the seventh sentence in subsection (a). The second 2015 amendment, effective July 1, 2015, substituted “content standards” for “student competencies” near the middle of the fifth sentence in subsection (a).

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

Ga. L. 2011, p. 635, § 1/HB 186, not codified by the General Assembly, provides: “The General Assembly finds that:

“(1) Our state’s long-term prosperity depends on supporting an education system that is designed to prepare our students for a global economy;

“(2) High school students and parents must understand that they have options for career pathway programs of study that join a college-ready academic core with quality career, technical, and agricultural education studies that result in a high school diploma and preparation for success in advanced training, an associate’s degree, a baccalaureate degree, and a career;

“(3) Local school systems must provide every student with choices that are academically rigorous and aligned to opportunities in high-demand, high-skill, high-wage career fields and to postsecondary career and technical pathways leading to advanced credentials or degrees;

“(4) The State Board of Education, the Board of Regents of the University System of Georgia, and the Board of Technical and Adult Education must work together so that academic courses that are embedded within career, technical, and agricultural education courses (CTAE) are given appropriate academic credit at the high school level and recognized at the postsecondary level;

“(5) Teachers should be provided with professional development opportunities that enforce the academically rigorous standards in relevant, project based coursework;

“(6) High school students should clearly understand the options for dual high school and postsecondary credit, and the state should properly fund these options;

“(7) Every state education agency, postsecondary institution, and local school system should provide all high school students with opportunities for accelerated learning through dual credit coursework leading to at least six postsecondary credits and have as a collective goal to graduate every student with postsecondary credit;

“(8) Georgia’s strategic industries must be partners in our public education system (secondary and postsecondary) so that they are assured that our high school graduates are prepared for success in the workforce;

“(9) Georgia’s public education system must incorporate many different types of assessments and certificates into their programs so that a student’s skill level is assessed and that it also has meaning to them for postsecondary and career success; and

“(10) Georgia’s students must understand that a high school diploma and some form of postsecondary credential are key to success in the workforce and earning a family living wage.”

Law reviews.

For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 91 (2005).

For article, “Education: Elementary and Secondary Education,” see 28 Ga. St. U.L. Rev. 115 (2011).

For article, “SB 47: Eligibility Expansion for the Georgia Special Needs Scholarship Program,” see 38 Ga. St. U.L. Rev. 83 (2021).

20-2-161. Quality Basic Education Formula.

1. The high school general education program is declared to be the base program against which the cost of all other instructional programs shall be compared.  The amount of funds needed by each full-time equivalent student in the base program, in order that such program can be sufficiently funded to provide quality basic education to all enrolled students, shall be known as the “base amount” and shall reflect program components which constitute the program weight for the high school general education program in Code Sections 20-2-182 through 20-2-186.   However, the General Assembly shall annually establish through the General Appropriations Act the base amount to be used each year. In the event that the base amount so established when multiplied by the program weights in subsection (b) of this Code section requires funds in excess of the appropriation for the Quality Basic Education Formula grants, the funds which are appropriated for the Quality Basic Education Formula shall be prorated to each of the Quality Basic Education Formula cost categories.
2. As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights and teacher-student ratios:
   1. Kindergarten program . . . . .  1.6724  weight and  1 to 15  ratio
   2. Kindergarten early intervention program . . . . .  2.0678  weight and  1 to 11  ratio
   3. Primary grades program (1-3) . . . . .  1.2948  weight and  1 to 17  ratio
   4. Primary grades early intervention program (1-3) . . . . .  1.8180  weight and  1 to 11  ratio
   5. Upper elementary grades program (4-5) . . . . .  1.0390  weight and  1 to 23  ratio
   6. Upper elementary grades early intervention program (4-5) . . . . .  1.8125  weight and  1 to 11  ratio
   7. Middle school program (6-8) . . . . .  1.1380  weight and  1 to 20  ratio
   8. High school general education program (9-12) . . . . .  1.0000  weight and  1 to 23  ratio
   9. Career, technical, and agricultural education laboratory program (9-12) . . . . .  1.1830  weight and  1 to 20  ratio
   10. Program for persons with disabilities: Category I . . . . .  2.4118  weight and  1 to 8  ratio
   11. Program for persons with disabilities: Category II . . . . .  2.8402  weight and  1 to 6.5  ratio
   12. Program for persons with disabilities: Category III . . . . .  3.6188  weight and  1 to 5  ratio
   13. Program for persons with disabilities: Category IV . . . . .  5.8710  weight and  1 to 3  ratio
   14. Program for persons with disabilities: Category V . . . . .  2.4737  weight and  1 to 8  ratio
   15. Program for intellectually gifted students: Category VI . . . . .  1.6794  weight and  1 to 12  ratio
   16. Remedial education program . . . . .  1.3576  weight and  1 to 15  ratio
   17. Alternative education program . . . . .  1.4881  weight and  1 to 15  ratio
   18. English for speakers of other languages (ESOL) program . . . . .  2.5892  weight and  1 to 7  ratio
3. For purposes of calculating the annual allotment of funds to each local school system, the program weights may be carried to as many additional decimal places as needed and may be varied from the weights stated in subsection (b) of this Code section, consistent with cost-of-living adjustments granted by the General Assembly for salaried and nonsalaried components, by not more than 1 1/2 percent.
4. The total funds needed for the Quality Basic Education Program for each local school system shall be calculated annually. Such total shall represent the product of the following calculations for each of the programs identified in subsection (b) of this Code section:
   1. Multiply the average full-time equivalent program count pursuant to subsection (b) of Code Section 20-2-160 by the respective program weight established in subsection (b) of this Code section;
   2. Multiply the product computed in paragraph (1) of this subsection by the base amount as established in the General Appropriations Act; and
   3. Add the product computed in paragraph (2) of this subsection to the program adjustment amount for training and experience for the instructional program in accordance with subsection (e) of this Code section.

      The process and associated components contained within this Code section shall be known as the “Quality Basic Education Formula.”

5. The State Board of Education shall annually calculate for each instructional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the base amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212. The calculation of such additional amount shall be based on all certificated professional personnel who were employed by the local school system as of the month of October for the most recent year that these data are available; provided, however, that the amount needed for training and experience for personnel funded through categorical grants shall only be included in the appropriate categorical grant. The amount shall be reported for each program identified in subsection (b) of this Code section for each full-time equivalent program count date and by segment of the school day and for each categorical program. Such additional amount shall be known as “program adjustment amount for training and experience” and this amount shall be noted in total in the language section of the General Appropriations Act each year.
6. As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor shall appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and recommending to the General Assembly any changes needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, the Governor’s office, and representatives of local school systems.

History. Code 1981, § 20-2-161 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1990, p. 847, § 1; Ga. L. 1991, p. 1531, § 2; Ga. L. 1995, p. 701, § 2; Ga. L. 1995, p. 1302, § 15; Ga. L. 1996, p. 6, § 20; Ga. L. 1996, p. 494, § 2; Ga. L. 1996, p. 1422, § 2; Ga. L. 1998, p. 1520, § 2; Ga. L. 2000, p. 618, § 21; Ga. L. 2001, p. 148, § 5; Ga. L. 2005, p. 798, § 1/SB 35; Ga. L. 2008, p. 216, § 1/HB 1335; Ga. L. 2013, p. 1061, § 9/HB 283; Ga. L. 2015, p. 1376, § 13/HB 502; Ga. L. 2019, p. 321, § 1/HB 527.

The 2015 amendment, effective July 1, 2015, deleted former paragraph (b)(7), which read: “(7) Middle grades program (6-8) ..... 1.0186 weight and 1 to 23 ratio”; redesignated former paragraphs (8) through (19) as present paragraphs (7) through (18), respectively; deleted “as defined in Code Section 20-2-290” following “(6-8)” in paragraph (7); and deleted former subsection (b.1), which read: “Notwithstanding the provisions of subsection (b) of this Code section and the requirements of Code Section 20-2-290, beginning July 1, 2014, a nonvirtual middle school shall have the funding weight included in paragraph (8) of subsection (b) of this Code section for the middle school program, regardless of whether such middle school meets the requirements of Code Section 20-2-290.”

The 2019 amendment, effective July 1, 2019, substituted “1.6724” for “1.6508” in paragraph (b)(1); substituted “2.0678” for “2.0348” in paragraph (b)(2); substituted “1.2948” for “1.2849” in paragraph (b)(3); substituted “1.8180” for “1.7931” in paragraph (b)(4); substituted “1.0390” for “1.0355” in paragraph (b)(5); substituted “1.8125” for “1.7867” in paragraph (b)(6); substituted “1.1380” for “1.1310” in paragraph (b)(7); substituted “1.1830” for “1.1916” in paragraph (b)(9); substituted “2.4118” for “2.3798” in paragraph (b)(10); substituted “2.8402” for “2.7883” in paragraph (b)(11); substituted “3.6188” for “3.5493” in paragraph (b)(12); substituted “5.8710” for “5.7509” in paragraph (b)(13); substituted “2.4737” for “2.4511” in paragraph (b)(14); substituted “1.6794” for “1.6589” in paragraph (b)(15); substituted “1.3576” for “1.3087” in paragraph (b)(16); substituted “1.4881” for “1.4711” in paragraph (b)(17); and substituted “2.5892” for “2.5049” in paragraph (b)(18).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1996, “persons with disabilities” was substituted for “the handicapped” in paragraphs (b)(8) through (b)(11) (now paragraphs (b)(11) through (b)(14)).

The amendment of this Code section by Ga. L. 1996, p. 494, § 2, irreconcilably conflicted with and was treated as superseded by Ga. L. 1996, p. 1422, § 2. See County of Butts v. Strahan, 151 Ga. 417 (1921).

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

Law reviews.

For survey article on education law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 237 (2003).

For article, “SB 47: Eligibility Expansion for the Georgia Special Needs Scholarship Program,” see 38 Ga. St. U.L. Rev. 83 (2021).

20-2-161.1. [Reserved] Enrollment in postsecondary courses; academic credit; secondary options grant account.

History. Ga. L. 1992, p. 462, § 2; Ga. L. 1993, p. 933, § 1; Ga. L. 1995, p. 307, § 1; Ga. L. 2003, p. 185, § 1; Ga. L. 2010, p. 838, § 10/SB 388; repealed by Ga. L. 2011, p. 635, § 7/HB 186, effective May 13, 2011.

Code Commission notes.

Former Code Section 20-2-161.1 was repealed effective May 13, 2011, by operation of Ga. L. 2011, p. 635, § 7/HB 186. However, Ga. L. 2011, p. 632, § 3/HB 186, effective July 1, 2011, purported to amend this Code section to substitute “State Board of the Technical College System of Georgia” for “State Board of Technical and Adult Education” in paragraph (e)(5) and subsection (j). For effect of subsequent amendment of a repealed statute, see Lampkin v. Pike, 115 Ga. 827 (1902).

Editor’s notes.

Ga. L. 2011, p. 635, § 7/HB 186 repealed and reserved this Code section, effective May 13, 2011.

20-2-161.2. Work based learning programs; legislative intent; participation; standards; coordination; funding.

1. The General Assembly finds that it would be beneficial to students, employers, and the economic health of the state to assist in providing highly trained, technologically sophisticated, and career oriented students which will aid in the development of a successful twenty-first century work force. By opening their doors to work based learning opportunities, employers can play an active role in shaping the quality of their future work force, by preparing potential leaders for their company and their community, and by helping shape future curriculum to create an educated work force for their industry as a whole. Work based learning programs can provide students the opportunity to work and learn in a real-world environment and prepare them for future career opportunities. Such work based learning opportunities can be accomplished by developing partnerships between and among the business community, industry, students, parents, school systems, and postsecondary education institutions.
2. Any student aged 15 or over in any public school in this state may enroll in a work based learning program which is offered at that public school and which is approved for secondary credit by the department. Such student shall be granted release time from the public school to work as a student learner for any business or governmental enterprise which is approved by the local work based learning coordinator as a qualified employer pursuant to this Code section and work based learning program guidelines established by the department. A student shall receive secondary credit for such work based learning only under the conditions established by the department. The department is authorized to establish work based learning programs and guidelines to assist local school systems in operating such programs and to promulgate such policies, standards, procedures, criteria, and administrative requirements as may be necessary to implement the program by rules and regulations. The work based learning programs established pursuant to this Code section may include, but not be limited to, employability skill development, cooperative education, internships, and youth apprenticeships. The department shall collaborate with the Department of Labor and the Technical College System of Georgia in developing such policies and procedures. The department’s work based learning programs shall include but not be limited to the following:
   1. A detailed training agreement and training plan between employer and student that identifies specific work tasks that will develop workplace competency;
   2. A minimum of one unit of credit in a career pathway course related to the work based learning placement;
   3. A minimum number of hours of on-the-job training as required in the department’s guidelines for awarding secondary credit;
   4. On-site evaluation of the student’s performance;
   5. Training remediation as necessary at the school site;
   6. A broad range of skills but shall be focused on skills related to the student’s career pathway;
   7. Development of materials by the business, industry, and labor community in conjunction with the department to promote the awareness of work based learning opportunities for high school students and encourage recruitment; and
   8. Structural linkage between secondary and postsecondary components of the program leading to the awarding of a high school diploma and a postsecondary credential, which may include industry credentialing, as defined in Code Section 20-2-326, related to the student’s career pathway.
3. Local school systems and college and career academies may designate one or more local work based learning coordinators to coordinate and oversee work based learning programs for the school system.
4. Local work based learning coordinators shall complete training programs that are collaboratively designed and delivered by the department and the Technical College System of Georgia.
5. A college and career academy established in accordance with Code Section 20-4-37 which participates in work based learning programs pursuant to this Code section shall be eligible for any funding or assistance available for the implementation of this Code section.
6. The State Board of Education shall encourage local school systems to work with their industry partners to develop and provide opportunities for industry experience for local work based learning coordinators and for teachers and shall provide for professional learning credit for coordinators and teachers who participate in such opportunities.

History. Code 1981, § 20-2-161.2 , enacted by Ga. L. 1992, p. 2772, § 1; Ga. L. 2008, p. 335, § 2/SB 435; Ga. L. 2014, p. 341, § 2/HB 766; Ga. L. 2016, p. 822, § 1/SB 348; Ga. L. 2018, p. 731, § 5/SB 3.

The 2014 amendment, effective July 1, 2014, rewrote this Code section.

The 2016 amendment, effective July 1, 2016, deleted “and its charter” following “this Code section” in the middle of subsection (e).

The 2018 amendment, effective July 1, 2018, in the introductory paragraph of subsection (b), substituted “aged 15” for “aged 16” in the first sentence, deleted “service learning,” following “employability skill development,” in the fifth sentence; and inserted “, which may include industry credentialing, as defined in Code Section 20-2-326,” in paragraph (b)(8).

Editor’s notes.

Ga. L. 2014, p. 341, § 1/HB 766, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Work Based Learning Act.’”

Ga. L. 2018, p. 731, § 1/SB 3, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Creating Opportunities Needed Now to Expand Credentialed Training (CONNECT) Act.’”

20-2-161.3. Dual Enrollment Act; purpose; dual credit courses; eligibility for participation; eligibility for payment.

1. This Code section shall be known and may be cited as the “Dual Enrollment Act.”

   (a.1) The purpose of the Dual Enrollment program is to promote and increase access to postsecondary educational opportunities for Georgia high school students while increasing high school graduation rates, preparing a skilled workforce, and decreasing time and cost to postsecondary credential completion.

2. For purposes of this Code section, the term:
   1. “Commission” means the Georgia Student Finance Commission created by Code Section 20-3-233.
   2. “Department” means the Department of Education.
   3. “Dual credit course” means a postsecondary course, including a virtual course, taken by an eligible high school student pursuant to an arrangement at or through an eligible postsecondary institution for which the student receives secondary credit from his or her eligible high school.
   4. “Eligible core course” means a course in English, math, science, social studies, or a foreign language upon which the commission calculates grade point averages for HOPE scholarship eligibility pursuant to paragraph (3.1) of subsection (b) of Code Section 20-2-157 and which is included in the eligible course list.
   5. “Eligible course list” means a list of courses maintained by the commission which identifies courses approved for funding authorized by this Code section and shall include eligible core courses and eligible CTAE courses.
   6. “Eligible CTAE course” means all career, technical, and agricultural education courses which are aligned with the department’s Career Clusters and Pathways programs and which are included in the eligible course list.
   7. “Eligible dual credit course” means a dual credit course which is included in the eligible course list and which is eligible for payment under this program subject to the following maximum credit hour caps:
      1. Eligible high school students with 18 or fewer semester hours, or the equivalent amount of quarter hours, of dual credit courses funded under this part on or before June 30, 2020, shall be limited to a total of 30 semester hours, or the equivalent amount of quarter hours, of eligible dual credit courses; and
      2. Eligible high school students with 19 or more semester hours, or the equivalent amount of quarter hours, of dual credit courses funded under this part on or before June 30, 2020, shall be limited to 12 additional semester hours, or the equivalent amount of quarter hours, of eligible dual credit courses.
   8. “Eligible high school” means any private or public secondary educational institution located within the State of Georgia and any home study program operated pursuant to Code Section 20-2-690.
   9. “Eligible high school student” means a student who is:
      1. Entering or enrolled in eleventh or twelfth grade at an eligible high school taking any eligible dual credit course at any eligible postsecondary institution; or
      2. Entering or enrolled in tenth grade at an eligible high school when such student:
         1. Is enrolled in an eligible CTAE course at an institution within the Technical College System of Georgia;
         2. Has obtained prior to the beginning of the term of dual enrollment coursework an SAT or ACT test score that would meet the assessment requirements of a Zell Miller Scholar pursuant to division (27)(A)(i) of Code Section 20-3-519 and is taking eligible core courses at any eligible postsecondary institution; or
         3. Was enrolled as a ninth grader in one or more dual credit courses at an eligible postsecondary institution for which payment was made under this part on or before June 30, 2020.
   10. “Eligible postsecondary institution” or “postsecondary institution” means an eligible postsecondary institution as defined in paragraph (7) of Code Section 20-3-519.
   11. “Program” means the arrangement authorized by this Code section whereby an eligible high school student takes one or more dual credit courses with the goal of completing postsecondary credit and high school diploma requirements.
   12. “Secondary credit” means high school credit for dual credit courses taken at or through an eligible postsecondary institution under the program.
3. An eligible high school student may apply to an eligible postsecondary institution to take one or more dual credit courses at or through that postsecondary institution which are approved for secondary credit pursuant to subsection (f) of this Code section. If accepted at an eligible postsecondary institution, such eligible high school student may take any such approved dual credit course at or through that postsecondary institution, whether or not the course is taught during the regular eligible high school day, and receive secondary credit therefor under the conditions provided in this Code section.
4. In consultation with and subject to approval by the commission, the department shall develop appropriate forms and counseling guidelines for the program and shall make such forms and guidelines available to eligible high schools and eligible postsecondary institutions.  No later than the first day of February each year, each eligible high school shall provide general information about the program, including such forms, to all its eligible high school students.  An eligible high school shall also provide counseling services to such students and their parents or guardians before the students enroll in the program.  Prior to participating in the program, the student and the student’s parent or guardian shall sign the form provided by the eligible high school or by an eligible postsecondary institution stating that they have received the counseling specified in this subsection and that they understand the responsibilities that shall be assumed in participating in the program.  Program information and materials shall be provided to each eighth grade public school student at the time the student is developing his or her individual graduation plan as required by Code Section 20-2-327.
5. In order to participate in the program, each eligible high school shall be required to execute a participation agreement as prescribed by the commission.
6. 1. A participating eligible high school shall grant secondary credit to an eligible high school student enrolled in a dual credit course in an eligible postsecondary institution if such student successfully completes such course.  The secondary credit granted shall be for a comparable required course; career, technical, and agricultural education course; or elective course.  Upon completion of an eligible postsecondary institution’s dual credit course, the eligible high school student shall be responsible for requesting that the eligible postsecondary institution notify such student’s eligible high school regarding his or her grade in such course.
   2. Secondary credits granted for eligible postsecondary institution dual credit courses under paragraph (1) of this subsection shall be counted by the eligible high school toward graduation requirements and subject area requirements of the eligible high school.  Evidence of successful completion of each dual credit course and secondary credits granted shall be included in the eligible high school student’s secondary school records.
   3. A participating eligible high school shall be required to award a high school diploma to an eligible high school student who is enrolled at or through an eligible postsecondary institution under the program as long as the credit earned at or through such postsecondary institution satisfies course requirements needed for the eligible high school student to complete high school graduation.  The State Board of Education, in consultation with the State Board of the Technical College System of Georgia and the Board of Regents of the University System of Georgia, shall determine appropriate courses to meet these requirements.  No later than July 1, 2015, the department shall communicate to high schools the subject area requirements or elective courses that may be satisfied with dual credit courses provided by eligible postsecondary institutions, which shall include completion of:
      1. At least the following state required ninth and tenth grade level high school courses or their equivalent: two English courses, two mathematics courses, two science courses, two social studies courses, and one health and physical education course; and any state required tests associated with any such courses; and
      2. One of the following:
         1. An associate degree program;
         2. A technical college diploma program and all postsecondary academic education and technical education and training prerequisites for any state, national, or industry occupational certifications or licenses required to work in the field; or
         3. At least two technical college certificate of credit programs in one specific career pathway and all postsecondary academic education and technical education and training prerequisites for any state, national, or industry occupational certifications or licenses required to work in the field as determined by the Technical College System of Georgia.

            Students who have taken dual credit courses in pursuit of a high school diploma under this paragraph, and were funded under this part, on or before June 30, 2020, shall not be subject to any maximum credit hour caps as set forth in this Code section. Such students may continue participation in the program until the student completes the coursework required for his or her high school diploma.

   4. No local school system that receives funding under this article shall exclude eligible high school students taking one or more dual credit courses pursuant to this Code section from eligibility determinations for valedictorian and salutatorian of a participating eligible high school; provided, however, that this shall not apply to a student who moves into the local school system after tenth grade and has not taken any courses on site at the participating eligible high school.
7. Hours for dual credit courses taken at or through an eligible postsecondary institution pursuant to this Code section by an eligible high school student shall not count against any maximum hourly caps which may be applicable for purposes of HOPE scholarships or grants.
8. The commission is authorized to promulgate rules and regulations not inconsistent with the provisions of this Code section relating to the program described in this Code section.  Said rules and regulations shall provide that, after June 30, 2020, eligible high school students shall not be permitted to retake a dual credit course except under extenuating circumstances, as determined by the commission; and after withdrawal from a second dual credit course, a student shall be ineligible to take any dual credit courses except under extenuating circumstances, as determined by the commission.
9. 1. Every eligible postsecondary institution shall be subject to examination by the commission for the sole purpose of determining whether such postsecondary institution has properly complied with rules and regulations established pursuant to this Code section. Such examination shall be conducted by the commission no less frequently than once every three years.  The commission is authorized to conduct the examination using sampling and extrapolation techniques. However, nothing in this subsection shall be construed to interfere with the authority of a postsecondary institution to determine its own curriculum, philosophy, purpose, or administration.  In the event it is determined that a postsecondary institution knowingly or through error certified an ineligible student to be eligible for the program established under this Code section, the amount paid to the postsecondary institution pursuant to such certification shall be refunded by the postsecondary institution to the commission.  The commission may suspend a postsecondary institution from receiving payments under this Code section if it fails to refund any moneys deemed due pursuant to this subsection.
   2. Every eligible high school shall be subject to examination by the commission for the sole purpose of determining whether such high school has properly complied with rules and regulations established pursuant to this Code section.  Such examination shall be conducted on a schedule prescribed by the commission.  The commission is authorized to conduct the examination using sampling and extrapolation techniques.  In the event it is determined that an eligible high school knowingly or through error certified an ineligible student to be eligible for the program established under this Code section, the commission may institute corrective actions, including but not limited to removing the high school’s eligibility under this program.
10. In order to participate in the program, each eligible postsecondary institution shall be required to enter into a participation agreement with the commission agreeing to:
    1. Waive all mandatory and noncourse related fees for eligible high school students participating in the program taking eligible dual credit courses;
    2. Provide course books to eligible high school students participating in the program taking eligible dual credit courses at no charge to the student;
    3. Accept the amount paid by the commission as full payment for tuition, mandatory and noncourse related fees, and course books for eligible high school students taking eligible dual credit courses; and
    4. Provide enrollment and student record data to the Office of Planning and Budget and to the state-wide longitudinal data system maintained by such office.  Such data shall be submitted in accordance with timelines and formats established by the Office of Planning and Budget.
11. The commission shall provide funding in accordance with this Code section for eligible dual credit courses taken by eligible high school students; provided, however, that the funding provided to the commission for the program shall be subject to annual appropriations enacted by the General Assembly.  The commission shall set criteria for funding for tuition, mandatory and noncourse related fees, course books, and transportation.  The amount of such funds to be paid shall be determined by the commission.  The commission shall create a grant program, subject to the availability of funds, pursuant to which participating public eligible high schools may apply for transportation grants.  Such grants shall be awarded based on criteria, terms, and conditions determined by the commission in consultation with the department.
12. In the event the funds made available to the commission are not sufficient to enable the commission to meet all funding requirements of the program, the amount paid to eligible postsecondary institutions shall be reduced by the commission.  Under no circumstances shall the eligible postsecondary institutions require an eligible high school student participating in the program taking an eligible dual credit course to pay for tuition, mandatory and noncourse related fees, or course books.
13. Students enrolled in a work based learning program under Code Section 20-2-161.2 may be eligible to earn dual credit upon completing a planned training experience under guidelines developed by the department and the Technical College System of Georgia, provided that students meet postsecondary readiness established in reading and writing and mathematics for the particular advanced training program or associate’s degree.
14. The commission shall collect and monitor enrollment and student record data for eligible dual credit courses taken pursuant to this Code section.  The commission shall annually measure and evaluate the program.  The Office of Planning and Budget, the department, eligible postsecondary institutions, and local boards of education shall cooperate with and provide data as necessary to the commission to facilitate the provisions of this subsection.
15. Nothing in this Code section shall be deemed to preclude an eligible high school student from taking one or more dual credit courses at his or her own expense.

History. Code 1981, § 20-2-161.3 , enacted by Ga. L. 2009, p. 228, § 2/HB 149; Ga. L. 2011, p. 632, § 3/HB 49; Ga. L. 2015, p. 120, § 1/SB 132; Ga. L. 2017, p. 119, § 2/SB 211; Ga. L. 2018, p. 747, § 1/SB 401; Ga. L. 2020, p. 4, § 1/HB 444.

The 2015 amendment, effective July 1, 2015, rewrote this Code section.

The 2017 amendment, effective April 27, 2017, added paragraph (f)(4).

The 2018 amendment, effective July 1, 2018, in subsection (j), deleted “and” at the end of paragraph (j)(2), added “; and” at the end of paragraph (j)(3), and added paragraph (j)(4); and added subsection (n).

The 2020 amendment, effective July 1, 2020, substituted “‘Dual Enrollment Act’” for “‘Move on When Ready Act’” at the end of subsection (a); added subsection (a.1); added paragraphs (b)(4) through (b)(7); redesignated former paragraphs (b)(4) through (b)(8) as present paragraphs (b)(8) through (b)(12), respectively, rewrote paragraph (b)(9), which read: “‘Eligible high school student’” means a student who is:

“(A) Entering or enrolled in eleventh or twelfth grade at an eligible high school taking any eligible dual credit course at any eligible postsecondary institution; or

“(B) Entering or enrolled in tenth grade at an eligible high school when such student:

“(i) Is enrolled in an eligible CTAE course at an institution within the Technical College System of Georgia;

“(ii) Has obtained prior to the beginning of the term of dual enrollment coursework an SAT or ACT test score that would meet the assessment requirements of a Zell Miller Scholar pursuant to division (27)(A)(i) of Code Section 20-3-519 and is taking eligible core courses at any eligible postsecondary institution; or

“(iii) Was enrolled as a ninth grader in one or more dual credit courses at an eligible postsecondary institution for which payment was made under this part on or before June 30, 2020.”; and substituted “means an” for “means any” in the middle of paragraph (b)(10); substituted “An eligible” for “Any eligible” at the beginning of the first sentence of subsection (c); substituted “In order to participate in the program, each” for “Each” at the beginning of subsection (e); in paragraph (f)(1), substituted “such course” for “that course” twice and substituted “such student’s” for “the student’s” in the last sentence; in paragraph (f)(3), substituted “an eligible” for “any eligible” in the first sentence, substituted “department” for “Department of Education” in the last sentence, and added the ending undesignated paragraph; in the proviso of paragraph (f)(4), deleted “high school” preceding “student” and substituted “tenth grade” for “his or her sophomore year”; added the second sentence in subsection (h); in subsection (i), designated the existing provisions as paragraph (i)(1), substituted “a” for “the” in the fourth sentence, and added paragraph (i)(2); rewrote subsections (j) and (k); inserted “taking an eligible dual credit course” in the last sentence of subsection (l); in the middle of subsection (m), substituted “department” for “Department of Education” and inserted “that”; rewrote subsection (n); and added subsection (o).

Editor’s notes.

Ga. L. 2009, p. 228, § 1/HB 149, not codified by the General Assembly, provides that: “This Act shall be known and may be referred to as the ‘Move on When Ready Act.’”

Administrative rules and regulations.

Dual enrollment, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Division of General Instruction, Sec. 160-4-2-.34.

20-2-162. Annual recalculation of amount of funding; midterm adjustment.

1. The State Board of Education shall annually recalculate the total amount needed under the Quality Basic Education Formula for the midterm adjustment for the current fiscal year using the average of the first and the projected second full-time equivalent counts for the current fiscal year, with the first full-time equivalent count weighted two parts and the projected second full-time equivalent count weighted one part. If the total amount needed by each local school system when recalculated is greater than the initial amount calculated, then the state board shall increase the total allotment for said system by the difference between the recalculation and the initial calculation. All funds allocated as the result of this recalculation to a local school system for direct instructional costs as defined in paragraph (1) of subsection (a) of Code Section 20-2-167 shall be applied to the direct instructional costs of the instructional programs specified in Code Section 20-2-161 which had full-time equivalent counts pursuant to this Code section that are higher than the full-time equivalent counts upon which the initial allocations were based. The balance of the funds allocated to a local school system as the result of this recalculation must be applied to items specified in Code Sections 20-2-182 through 20-2-186 for instructional programs specified in subsection (b) of Code Section 20-2-161 and shall not be expended for any program or service explicitly excluded from the full-time equivalent count in Code Section 20-2-160. The total amount of increased funding required by the midterm adjustment shall be requested by the state board and shall demonstrate for each receiving local school system the average full-time equivalent count used in the initial calculation compared to the midterm average count for each program category system wide. If the recalculation for a local school system is less than the initial calculation, the amount of funds initially allotted to the system shall not be reduced for the current fiscal year. Local school systems which fail to provide the state board with complete full-time equivalent student counts by instructional program in the manner and by dates prescribed by the state board shall not be eligible for recalculation of their current year allotment.
2. A midterm adjustment in a local school system’s local five mill share shall be made if:
   1. The most recent actual property tax digest for educational maintenance and operation of a local school system, as approved by the Department of Revenue, is less than the actual property tax digest for educational maintenance and operation approved by the Department of Revenue for the year used initially to calculate the system’s local five mill share pursuant to Code Section 20-2-164, and such reduction is due to more accurate assessments or actual loss in tangible property or a combination of these factors as determined by the Department of Revenue; and
   2. The most recent equalized adjusted school property tax digest for the local school system is less than the equalized adjusted school property tax digest for the year used initially to calculate the system’s local five mill share.

      Such a midterm adjustment shall be made by reducing the initial local five mill share by the percentage decrease over the most recent two years in the actual property tax digest for educational maintenance and operation. The gross value of property prior to deduction of any exemptions shall be used throughout the calculations under this subsection. The provisions of this subsection shall apply only to the midterm adjustment of local five mill share as provided in this Code section.

History. Code 1981, § 20-2-162 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 1991, § 2; Ga. L. 1989, p. 687, § 1; Ga. L. 1990, p. 1354, § 3; Ga. L. 1992, p. 1335, § 2; Ga. L. 2000, p. 618, § 22.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-163. [Reserved] Contract with adjoining local school system.

History. Ga. L. 1985, p. 1657, § 1; repealed by Ga. L. 1987, p. 1169, § 1, effective July 1, 1987.

Editor’s notes.

Ga. L. 1987, p. 1169, § 1 repealed and reserved this Code section, effective July 1, 1987.

20-2-164. Local five mill share funds.

1. The State Board of Education shall calculate the amount of local five mill share funds that each local school system shall be required to spend each fiscal year to participate in the Quality Basic Education Program as follows:
   1. Unless the combined local five mill share total for all local school systems in the state, when calculated pursuant to this paragraph, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, the amount of each local school system’s local five mill share shall be calculated as follows:
      1. Determine the most recent equalized adjusted school property tax digest for the local school system less the amount attributable to timber calculated pursuant to paragraph (2) of subsection (b) of Code Section 48-5-274, multiply the difference by .4, and add to that product the amount attributable to timber calculated pursuant to paragraph (2) of subsection (b) of Code Section 48-5-274;
      2. From the amount calculated in subparagraph (A) of this paragraph deduct the total amount calculated pursuant to subsection (g) of this Code section; and
      3. Multiply the remainder calculated in subparagraph (B) of this paragraph by .005; or
   2. If the combined local five mill share total for all local school systems in this state, when calculated pursuant to paragraph (1) of this subsection, exceeds 20 percent of the sum of the Quality Basic Education Formula amounts, as calculated pursuant to subsection (d) of Code Section 20-2-161, then the amount of each local system’s five mill share shall be calculated as follows:
      1. Multiply the total amount of Quality Basic Education Formula amounts to be expended for all local school systems combined, as calculated for each local school system pursuant to Code Section 20-2-161, by .2;
      2. Divide the product calculated in subparagraph (A) of this paragraph by the sum of the local five mill share amounts for all local school systems in this state as calculated for each local school system pursuant to subparagraph (C) of paragraph (1) of this subsection;
      3. Multiply the amount calculated in subparagraph (B) of this paragraph by .005; and
      4. Multiply the product calculated in subparagraph (C) of this paragraph by the remainder calculated in subparagraph (B) of paragraph (1) of this subsection.
2. 1. Each local school system shall apply the total amount of its local five mill share funds to programs funded under this article and in the manner so earned as indicated on the allotment sheets as provided by the State Board of Education; provided, however, that no portion of the local five mill share funds is applied to the financing of educational programs and services operated at the option of the local school system or for any grant program which explicitly excludes the application of local funds or which explicitly requires an application of local funds other than from the local five mill share.
   2. The local school system may apply revenues toward the local five mill share from any source except: funds derived from the federal government which were not designed to replace local tax revenues; state funds; student tuition and fees; funds transferred from another local unit of administration; and other sources specifically prohibited by provisions of this article; provided, however, that an independent school system may apply appropriations from the taxing authority of its municipal government.
3. 1. The state auditor shall furnish to the State Board of Education the equalized adjusted school property tax digests in accordance with Code Section 48-5-274.
   2. Except as provided in subsection (b) of Code Section 20-2-162, the sums of the most recent equalized adjusted school property tax digests shall be used to make the calculations required by subsection (a) of this Code section for each fiscal year.
4. Each municipality having an independent school system and each county government shall annually provide the Department of Revenue with the following information for each local school system within its jurisdiction:
   1. The total number of granted state-wide constitutional homestead exemptions for occupied homes pursuant to Code Section 48-5-44 exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52;
   2. The total number of granted state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48;
   3. The amounts of tax and nontax revenues by source which have been distributed by said local government to local school systems for educational maintenance and operation; provided, further, that if the total tax revenues collected by a municipal government exceed the amount of all revenues distributed to its school system, the total amount of tax revenues collected by the municipal government shall also be submitted to the Department of Revenue. Such data shall be submitted to the Department of Revenue no later than the date required for the submission of the local tax digests to the Department of Revenue; and
   4. The difference between the actual assessed valuation of agricultural property and the valuation that would be assessed if all agricultural property were assessed at 40 percent of its fair market value as provided in Code Section 48-5-7; provided, however, that if the taxing authority of a local school system assesses property at a legal standard other than 40 percent of fair market value, the actual assessed valuation used in this calculation shall be reduced to represent the amount which would be assessed if the jurisdiction assessed property at 40 percent of fair market value.
5. The Department of Revenue shall annually verify, certify as correct, and furnish the State Board of Education with the following data for each local school system by November 15:
   1. All tax and nontax revenues by source for the preceding fiscal year which were distributed for educational maintenance and operation; provided, however, such tax and nontax revenues shall exclude any state revenue collections which were previously distributed to the state general fund and then appropriated or allocated to local school systems; and provided, further, that if the total tax revenues collected by a municipal government exceed the amount of all revenues which it distributed to its school system, the total amount of revenues distributed to the school system shall be designated as tax revenues in the report of the Department of Revenue to the state board;
   2. The number of exemptions granted for state-wide constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44, exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52, for the preceding calendar year;
   3. The number of exemptions granted for state-wide constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 for the preceding calendar year; and
   4. The difference between the actual assessed valuation of agricultural property and the valuation that would be assessed if all agricultural property were assessed at 40 percent of its fair market value as provided in Code Section 48-5-7, adjusted pursuant to paragraph (4) of subsection (d) of this Code section.
6. The Office of Planning and Budget shall annually furnish to the State Board of Education the estimated number of individuals age 65 or older residing in each local school system and the estimated percent that such individuals are of the total population for each local school system. The Office of Planning and Budget shall furnish all information requested by the General Assembly regarding the procedure for estimating this percent.
7. For purposes of calculation under this Code section and Code Section 20-2-165, the equalized adjusted school property tax digest, adjusted by paragraph (1) of subsection (a) of this Code section, shall be reduced by the sum of the following products:
   1. The product of the number of constitutional homestead exemptions for owner occupied homes pursuant to Code Section 48-5-44 granted for that year, exclusive of those homestead exemptions provided pursuant to Code Sections 48-5-47, 48-5-48, and 48-5-52, multiplied by the amount per exemption authorized under Code Section 48-5-44; provided, further, that in any city operating an independent school system which provides a homestead exemption through local legislation comparable to that provided in Code Section 48-5-44, the product calculated in this paragraph shall represent the number of homestead exemptions provided through the applicable local legislation multiplied by the amount per exemption authorized in Code Section 48-5-44, or by the amount per exemption authorized in the applicable local legislation, whichever is less; and provided, further, that if the amount per exemption authorized in Code Section 48-5-44 has been changed subsequent to the year of the applicable digest, the more recently adopted amount per exemption shall be used for the product calculated in this paragraph;
   2. The product of the number of constitutional homestead exemptions for disabled veterans pursuant to Code Section 48-5-48 granted for that year, multiplied by the amount per exemption authorized under that Code section; provided, further, that in any city operating an independent school system which provides a homestead exemption through local legislation comparable to that provided in Code Section 48-5-48, the product calculated in this paragraph shall represent the number of homestead exemptions provided through the applicable local legislation multiplied by the amount per exemption authorized in the applicable local legislation, whichever is less; and provided, further, that if the amount per exemption authorized in Code Section 48-5-48 has been changed subsequent to the year of the applicable digest, the more recently adopted amount per exemption shall be used for the product calculated in this paragraph;
   3. The product of the estimated number of persons age 65 or older residing in the local school system during that year multiplied by 5,000;
   4. The product which results from the following calculations:
      1. Subtract the estimated state-wide percentage that persons age 65 or older is of the total population, excluding military personnel and institutional population, from the respective percentage for the local school system. If the respective percentage for the local school system is less than the state-wide percentage, a difference of zero shall be used in the calculations in this paragraph;
      2. Multiply the difference which results from subparagraph (A) of this paragraph by 1,000; and
      3. Multiply the product which results from subparagraph (B) of this paragraph by the estimated number of persons age 65 or older residing in the local school system during that year; and
   5. The product which results from the following calculations:
      1. Divide the amount reported in paragraph (4) of subsection (e) of this Code section by the average ratio of assessed value to true value used to calculate the most recent equalized adjusted school property tax digest pursuant to Code Section 48-5-274; and
      2. Multiply the quotient which results from subparagraph (A) of this paragraph by .4.
8. In the event a local school system fails to provide for or to use the amount of local funds required to be raised and applied by the local school system in order to participate in the Quality Basic Education Program as defined by this article during any fiscal year, the State Board of Education shall calculate the total amount of such funds and add that amount to the local five mill share being required of the local school system for an ensuing fiscal year. Further, should the state auditor cite an audit exception which requires that a local school system return an amount of funds to the state general fund, the state board shall add said amount to the local five mill share of the local school system for an ensuing fiscal year if the state board has not been provided documentation that the amount has already been paid to the state general fund. Such additions will thereby reduce the amount of state funds which shall be allotted to such local school systems. If a local school system does not fulfill its obligation to provide a local five mill share or to comply with any other provisions of this article for any fiscal year, the state board may withhold any portion or all of the state funds to be allotted during the current or an ensuing fiscal year.

History. Code 1981, § 20-2-164 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1991, p. 1531, § 3; Ga. L. 1991, p. 1903, § 13; Ga. L. 1992, p. 6, § 20; Ga. L. 1994, p. 668, § 2; Ga. L. 1996, p. 6, § 20; Ga. L. 2000, p. 618, § 23; Ga. L. 2000, p. 1683, § 10; Ga. L. 2002, p. 415, § 20.

Editor’s notes.

Ga. L. 1991, p. 1903, § 14, effective April 24, 1991, not codified by the General Assembly, provides: “To assist counties and boards of education in planning, volumes of standing timber harvested in each county through the last business day of the second and third quarters of 1991 shall be reported by the purchaser, or by the harvester if there is no purchaser, to the tax assessors of the county or counties in which the timber was harvested by November 15, 1991. Such reports shall show the number of pounds, if available, or measured volume of softwood and hardwood pulpwood, chip and saw logs, saw timber, poles, posts, and fuel wood so harvested. The commissioner, after consultation with the Georgia Forestry Commission, shall provide the tax assessor of each county with the weighted average unit price in pounds and measured volume paid through the last business day of such period for each such product class, no later than November 15, 1991.”

Ga. L. 1991, p. 1903, § 15, provides that the 1991 amendment to this Code section was applicable beginning January 1, 1992, with respect to ad valorem taxation of timber and was applicable beginning January 1, 1992, for all other purposes. Taxation for prior periods shall continue to be governed by prior law.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

Ga. L. 2000, p. 1683, § 11(c), not codified by the General Assembly, provides in pertinent part that Section 10 of the Act shall be applicable to the 2000 tax digests and any subsequent tax digests.

Law reviews.

For note on the 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 182 (1992).

20-2-165. Equalization grants; annual calculation; allocation.

1. As used in this Code section, the term:
   1. “Assessed valuation” is defined as 40 percent of the equalized adjusted property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164.
   2. “Assessed valuation per weighted full-time equivalent count” is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent count for the year of the digest.
   3. “Effective millage rate” is defined as local tax revenues divided by the assessed valuation and multiplied by 1,000; provided, however, that if the amount of local tax revenues is subsequently adjusted as a result of an audit of a local school system’s annual financial report, the increase or decrease in local tax revenues resulting from the audit shall cause an adjustment to be made in the effective millage rate that was calculated initially. Any net change in the amount of equalization dollars earned as a result of such adjustment shall be applied to the amount of the local school system’s equalization grant in a subsequent fiscal year.
   4. “Eligible full-time equivalent program count” is defined as the sum of the full-time equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (d) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school system’s total full-time equivalent nonresident student count for all programs except programs for persons with disabilities shall not exceed the lesser of the count for fiscal year 2000 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order.
   5. “Equalized adjusted property tax digest” is defined as the most recent equalized adjusted property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 20-2-164.

      (5.1) “Equivalent millage” means for a local school system that is eligible to receive local option sales tax proceeds for maintenance and operation purposes, the combination of property tax revenue and sales tax revenue representing the amount that would be generated by a designated rate of mills.

   6. “Guaranteed valuation” is defined as the state-wide average in dollars of assessed valuation per weighted full-time equivalent count. Such state-wide average shall not include the local school systems ranked in the highest 5 percent or the lowest 5 percent, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent count.
   7. “Local tax revenues” is defined as the sum of tax revenues for a local school system as furnished to the Department of Education by the school system in its annual financial report, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds.
   8. “Most recent weighted full-time equivalent count” is defined as the weighted full-time equivalent count derived from full-time equivalent program count data obtained for the purpose of determining the funds initially needed to finance the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-160 for the next ensuing fiscal year.
   9. “Qualified local school system” is defined as any local school system:
      1. Having an assessed valuation per weighted full-time equivalent count for the year of the digest which is below the guaranteed valuation;
      2. Having an effective millage rate greater than the millage rate applied to calculate the local five mill share pursuant to subsection (a) of Code Section 20-2-164; and
      3. Beginning July 1, 2015, having a millage rate or an equivalent millage of at least 12 mills; beginning July 1, 2016, having a millage rate or an equivalent millage of at least 12 1/2 mills; beginning July 1, 2017, having a millage rate or an equivalent millage of at least 13 mills; beginning July 1, 2018, having a millage rate or an equivalent millage of at least 13 1/2 mills; beginning July 1, 2019, and thereafter, having a millage rate or an equivalent millage of at least 14 mills.
   10. “Weighted full-time equivalent count” is defined as the sum of all eligible full-time equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the full-time equivalent program counts were obtained pursuant to Code Section 20-2-161.
   11. “Weighted full-time equivalent count for the year of the digest” is defined as the weighted full-time equivalent count derived from full-time equivalent program count data obtained for the purpose of determining the funds initially needed to finance the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-160 for the current fiscal year.
2. The State Board of Education shall annually calculate the equalization grant for each qualified local school system in the following manner:
   1. Subtract the assessed valuation per weighted full-time equivalent count for the local school system from the guaranteed valuation;
   2. Divide the difference resulting from paragraph (1) of this subsection by 1,000;
   3. Subtract five from the effective millage rate for the local school system and use the resulting number of effective mills or 15 effective mills, whichever is less, as the number of effective mills to be equalized;
   4. Multiply the quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection; and
   5. Multiply the product resulting from paragraph (4) of this subsection by the most recent weighted full-time equivalent count for the local school system.

      The resulting amount shall be the equalization grant for the ensuing fiscal year; provided, however, that for each local school system which serves under contract all of the students in one or more grade levels from an adjoining system and for each local school system which sends under contract all of the students in one or more grade levels to an adjoining system, the equalization grant shall be calculated to represent the amount that would be earned if the students transferred under said contract were included in the full-time equivalent counts of the local school system in which they reside; provided, further, that any equalization grant to be earned by a local school system sending students to another system under the provisions of such a contract shall be reduced by an amount which represents the equalization funds earned per weighted full-time equivalent student multiplied by the total weighted full-time equivalent count for students transferred, and any equalization grant to be earned by the local school system receiving students under said contract shall be increased by the same amount.

3. The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equalization grant shall be the addition of amounts which would have been separately earned by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, whichever is greater. No portion of local five mill share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the state board to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems.
4. 1. A midterm adjustment in a local school system’s equalization grant shall be made if:
      1. The school system’s assessed valuation per weighted full-time equivalent count is at or below the guaranteed valuation; and
      2. The school system increases the actual millage levied against its digest for maintenance and operation.
   2. If made, the midterm adjustment to the equalization grant shall be calculated as follows:
      1. Calculate the percentage change in the actual millage rate for a school system by subtracting the actual millage rate for the prior year from the actual millage rate for the current year and dividing by the actual millage rate for the prior year; provided, however, that for local school systems that impose local option sales taxes for school maintenance and operation, as authorized by law, the Department of Education shall be authorized to adjust this calculation by adding the equivalent property tax millage that would be needed to produce the revenue raised by the local option sales tax to the actual millage rate and calculating a revised percentage change;
      2. If the result from subparagraph (A) of this paragraph is a positive number, multiply the number of effective mills calculated as part of the original equalization grant calculation for a given year by the percentage increase calculated in subparagraph (A) of this paragraph. Add the product of this calculation to the effective number of mills from the original equalization grant calculation as described in subsections (a) through (c) of this Code section;
      3. Recalculate the equalization grant substituting the revised number of effective mills calculated in subparagraph (B) of this paragraph; and
      4. Subtract the initial equalization grant amount from the amount calculated in subparagraph (C) of this paragraph.

         The resulting amount shall be the midterm adjustment to the equalization grant.

5. If the result from subparagraph (A) of paragraph (2) of subsection (d) of this Code section is a positive number, the local school system’s number of effective mills used in the calculation of its equalization grant for the ensuing fiscal year shall be adjusted by multiplying the number of effective mills calculated pursuant to paragraph (3) of subsection (b) of this Code section by the percentage increase calculated in subparagraph (A) of paragraph (2) of subsection (d) of this Code section. The resulting amount shall be the adjusted number of effective mills used in the calculation of the equalization grant pursuant to paragraph (3) of subsection (b) of this Code section; provided, however, that in no event shall the adjusted number of effective mills to be equalized exceed 15 effective mills.

History. Code 1981, § 20-2-165 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 612, § 7; Ga. L. 1990, p. 1354, § 4; Ga. L. 1992, p. 1335, § 3; Ga. L. 1994, p. 668, § 3; Ga. L. 1995, p. 1302, § 13; Ga. L. 2000, p. 618, § 24; Ga. L. 2001, p. 148, § 6; Ga. L. 2006, p. 743, § 3/SB 515; Ga. L. 2012, p. 367, § 1/HB 824.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1987, “full-time equivalent” was substituted for “FTE” throughout this Code section.

Editor’s notes.

Ga. L. 1995, p. 1302, § 13(6), provided for the substitution of “disability” and “disabilities” for “handicap” and “handicaps”; however, those words do not appear in this Code section.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-165.1. Charter system earnings for each full-time equivalent student; use of funds.

In addition to the amounts earned by a charter system or a local charter school pursuant to subsection (b) of Code Section 20-2-161, a charter system or a local charter school shall earn 3.785 percent of the base amount established pursuant to subsection (a) of Code Section 20-2-161 for each full-time equivalent student in each school within the charter system or each full-time equivalent student within the local charter school; provided, however, that no individual charter system or local charter school shall receive more than $4.5 million in a fiscal year. The State Board of Education shall directly allocate the amount of appropriated funds calculated pursuant to this Code section to each local charter school. Funds appropriated pursuant to this Code section shall be used in accordance with recommendations of the school level governing body established by the charter or to advance student achievement goals and school level governance training objectives pursuant to the charter.

History. Code 1981, § 20-2-165.1 , enacted by Ga. L. 2008, p. 603, § 2A/HB 881; Ga. L. 2013, p. 1061, § 10/HB 283; Ga. L. 2021, p. 256, § 2/SB 59.

The 2021 amendment, effective July 1, 2022, in the first sentence, inserted “or a local charter school” in two places near the beginning, inserted “or each full-time equivalent student within the local charter school” in the middle, and inserted “or local charter school” near the end; and added the second sentence.

20-2-166. State funds; calculation; allotment; distribution.

1. The State Board of Education shall calculate the total amount of state funds to be allotted to a local school system by:
   1. Adding the amount calculated for the local school system for grants authorized under the provisions of this article which do not expressly involve a local share, except the state school lunch grant pursuant to Code Section 20-2-187, to the amount calculated for the local school system for the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-161;
   2. Subtracting the amount of funds required by the local school system for local five mill share pursuant to Code Section 20-2-164 from the sum in paragraph (1) of this subsection;
   3. Adding any equalization grant which may be earned pursuant to subsection (c) of Code Section 20-2-165, the state school lunch grant pursuant to Code Section 20-2-187, and the portion to be paid from state funds for all grant programs authorized by this article which involve a local share, except the Quality Basic Education Formula, to the difference in paragraph (2) of this subsection, the result being the amount of state funds which the state board shall allot over the course of the fiscal year to the local school system, except that the amount of state funds allotted may be increased by the midterm adjustment as provided in Code Section 20-2-162. The state board shall, to the extent necessary, reduce the amount of state funds to be allocated to local school systems in support of the Quality Basic Education Program or in support of any of the purposes for which state funds might be allotted to local school systems under this article if the amount of state funds appropriated in support of such program or in support of any one or more of the purposes for which allotments of funds are provided by this article is not adequate to finance the cost of the state portion of such program or such purposes, determined in accordance with this article; and
   4. If a charter system, adding any additional amount which may be earned pursuant to Code Section 20-2-165.1.
2. The State Board of Education shall, by regulation, provide for distribution of state funds allotted to local units of administration under this article and budgets approved by the state board. The state board is authorized to provide for distribution of state funds to local units of administration at such times and in such manner as will most likely meet the periodic needs of local units for the state allotted funds. In determining the time and manner for distribution of state funds, the state board may consider the time at which local school tax funds shall be collected and made available to local units of administration. State funds to be distributed to local units under this article shall be withdrawn from the state treasury on requisitions to be signed by the State School Superintendent, which shall be signed in accordance with such regulations and directions of the state board.

History. Code 1981, § 20-2-166 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1991, p. 94, § 20; Ga. L. 2000, p. 618, § 96; Ga. L. 2008, p. 603, § 2B/HB 881.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1987, “Quality Basic Education Formula” was substituted for “Quality Basic Education formula” in paragraph (a)(1) and in the first sentence of paragraph (a)(3).

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-167. Funding for direct instructional, media center, and staff development costs; computerized uniform budget and accounting system; submission of local budget to state board; provision of certain information by local boards.

1. 1. The State Board of Education shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed for direct instructional costs for each program identified in Code Section 20-2-161, specifying the number of positions earned and salaries and operational costs portions. “Direct instructional costs” is defined as those components of the program weights which are specified in subsections (a) through (g) of Code Section 20-2-182. In computing the total funds needed for direct instructional costs for each program, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. The direct instructional costs for the five instructional programs for disabled students shall be summed into one amount for special education. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2-161. For each such program, each local school system shall spend a minimum of 90 percent of funds designated for direct instructional costs on the direct instructional costs of such program at the school site in which the funds were earned, except that funds earned for special education programs shall be summed for the purposes of this expenditure control. For the purposes of this expenditure control, funds earned for counselors and technology specialists shall each be summed to the school level. Only the state salary amounts resulting from the amount earned on the state-wide salary schedule as approved by the State Board of Education pursuant to Code Section 20-2-212 plus associated benefits funded by the state and the salaries and any state earned benefits or comparable state earned benefits of technology specialists and classroom aides may be applied to the salary cost components for the purpose of meeting this expenditure control. Except as otherwise provided by law or rule and regulation of the state board, local school systems may decide whether direct instructional funds shall be used for teacher salaries, aide salaries, instructional material or equipment, or any other appropriate direct instructional expense; provided, however, that 100 percent of funds earned for direct instructional salaries shall be expended for salaries of direct instructional personnel and classroom aides. The total number of positions earned for direct instruction as specified in Code Section 20-2-182, adjusted for maximum class size, shall be employed for the delivery of services for which the funds were earned. This position control shall be for the kindergarten program, the kindergarten early intervention program, the primary grades program, and the primary grades early intervention program combined and the combined total for all other programs; provided, however, that positions earned for art, music, foreign language, and physical education, technology specialists, and counselors shall be totaled for all programs. Fractional amounts may be combined and used for any direct instructional position. Funds earned for any fractional amounts may be used for any direct instructional expense. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for the direct instructional costs of an instructional program specified by Code Section 20-2-161 which are not expended for direct instructional costs must be returned to the state treasury.
   2. The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for media center costs, specifying the salaries and materials cost portions. In computing the total funds needed for media center costs, the state board shall apply the percentage that these costs represent of the total costs used in developing program weights. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount of earnings, initial earnings, and midterm adjustment, if any, for each program authorized by Code Section 20-2-161. Each local school system shall spend 100 percent of the funds designated for media center costs for such costs, and a minimum of 90 percent of such funds shall be spent at the school site in which such funds were earned.
   3. The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount, initial earnings, and midterm adjustment, if any, of earnings for each program specified in subsection (b) of Code Section 20-2-161. Each local school system shall spend 100 percent of the funds designated for staff and professional development costs, as allowed by State Board of Education policy, for such costs. The State Board of Education, in consultation with the Professional Standards Commission, shall establish category-level expenditure controls to ensure that the staff development funds allotted pursuant to this paragraph are utilized in such a manner as to help align professional learning with results in improved student achievement. Such category-level expenditure controls shall be established no later than July 1, 2015, and shall reflect the revised certification renewal rules established by the Professional Standards Commission pursuant to paragraph (4.1) of subsection (b) of Code Section 20-2-200 regarding the impact of professional learning on student achievement. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, these amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff development. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for staff development and professional development costs to the state, the 100 percent amount for staff development shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development and professional development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and professional development programs authorized pursuant to subsection (h) of Code Section 20-2-182.
   4. All funds earned pursuant to this article may be expended only for the operation of educational programs and services explicitly authorized under this article.
   5. The budget of each local school system shall reflect all anticipated revenues from each source. The budget of each local school system shall designate all of such anticipated revenues among the several funds or accounts of the system and shall not leave any anticipated revenues undesignated. Except as otherwise provided in this paragraph, all amounts allocated to each fund or account and any existing balance in each fund or account shall be intended for expenditure within the budget year for the purposes of that fund or account. There shall be no fund or account in the nature of a “surplus” or “unobligated surplus” fund or account. Each local school system may, however, establish a single reserve fund or reserve account intended to cover unanticipated deficiencies in revenue or unanticipated expenditures, provided that the budget for any year shall not allocate to such reserve fund or reserve account any amounts which, when combined with the existing balance in such fund or account, exceed 15 percent of that year’s total budget. A local school system may also establish one or more capital accumulation funds or accounts, and amounts may be allocated to such capital accumulation funds or accounts for expenditure in future budget years only if the purpose for which such amounts will be expended and the anticipated date of expenditure of such amounts are clearly and specifically identified. The purpose of this paragraph is to prohibit local school systems from accumulating surplus funds through taxation without accounting to the taxpayers for how such funds will be expended, and this paragraph shall be liberally construed to accomplish this purpose.
2. 1. The State Board of Education shall establish a computerized uniform budget and accounting system as a component of the state-wide comprehensive educational information system established pursuant to Code Section 20-2-320 and shall establish uniform regulations to be implemented by local units of administration. The computerized uniform budget and accounting system shall conform to generally accepted governmental accounting principles which shall include, but not be limited to, the following costing information:
      1. Instructional program involved;
      2. Whether basic education or enrichment in purpose;
      3. Fund source or sources; and
      4. Major program components such as instructional personnel, instructional operations, facility maintenance and operation, media center operation, school administration, system administration, staff development, or professional development.
   2. The state board shall prescribe information that must be submitted to the state board and the time it must be submitted. In determining the information needed and the time for submission, the state board shall take into consideration the information and times identified by the Office of Student Achievement as necessary to the implementation of the accountability program provided for in Part 3 of Article 2 of Chapter 14 of this title. The state board is authorized to establish a financial review section for the limited purpose of reviewing financial records and accounting of local governing boards and assisting local units of administration in training personnel in financial and budgetary accounting.
3. The State Board of Education is authorized to prescribe a date by which each local unit of administration must submit a budget to the state board.  The regulations developed by the state board must make adequate provision for local review and modification prior to local approval and submittal to the State School Superintendent.  The State School Superintendent shall provide for the examination and preparation of a written report on the budget of each local unit and submit a copy to the state board and to the respective local unit of administration.  The state board shall either accept or reject the budget of a local unit.
4. The standards set forth in this article shall be construed as setting out a basic plan for the direction of the State Board of Education in planning a program and presenting proposals to the Governor and to the General Assembly.  Nothing in this article shall be construed as amending or modifying in any way Part 1 of Article 4 of Chapter 12 of Title 45, known as the “Budget Act.”  The state board shall, in all of its programs involving allocation or expenditure of funds, be governed and controlled by Part 1 of Article 4 of Chapter 12 of Title 45 and all other laws of general application pertaining to the handling and expenditure of state funds, none of which is amended, modified, or repealed by this article unless specifically so provided in this article.
5. No later than October 1, 2005, the State Board of Education shall develop rules and regulations requiring that each local board of education provide information as specified by the state board and which is not specifically made confidential by law, including school site budget and expenditure information and site average class size by grade, to members of the school council and the general public.

History. Code 1981, § 20-2-167 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 1412, § 1; Ga. L. 1989, p. 690, § 1; Ga. L. 1990, p. 847, § 2; Ga. L. 1990, p. 1972, § 3; Ga. L. 1991, p. 1531, § 4; Ga. L. 1991, Ex. Sess., p. 86, § 2; Ga. L. 1992, p. 6, § 20; Ga. L. 1994, p. 1315, § 2; Ga. L. 1995, p. 1302, § 14; Ga. L. 1998, p. 1520, § 3; Ga. L. 2000, p. 618, § 25; Ga. L. 2001, p. 4, § 20; Ga. L. 2001, p. 148, § 7; Ga. L. 2005, p. 60, § 20/HB 95; Ga. L. 2005, p. 798, § 2/SB 35; Ga. L. 2009, p. 8, § 20/SB 46; Ga. L. 2010, p. 158, § 1/HB 908; Ga. L. 2011, p. 647, § 3/HB 192; Ga. L. 2011, p. 752, § 20/HB 142; Ga. L. 2012, p. 355, § 1/SB 404.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1987, in subsection (a), “full-time equivalent” was substituted for “FTE” in the sixth sentence of paragraph (a)(3) and “Quality Basic Education Formula” was substituted for “Quality Basic Education formula” at the beginning of the last sentence in paragraphs (a)(1) and (a)(3).

Pursuant to Code Section 28-9-5, in 2005, a comma was inserted following “2005” in subsection (e).

Editor’s notes.

Ga. L. 1991, p. 1531, § 7, effective July 1, 1991, not codified by the General Assembly, provides: “Section 2 and subsection (b) of Section 6 of an Act approved April 4, 1990 (Ga. L. 1990, p. 847), relating to the ‘Quality Basic Education Act,’ are repealed.”

Pursuant to its own terms, former subsection (e), as added by Ga. L. 1991, Ex. Sess., p. 86, § 2, relating to a relaxation of the 90 percent encumbrance requirement for the fiscal year beginning July 1, 1991, was repealed effective June 30, 1992.

Ga. L. 1991, Ex. Sess., p. 86, § 1, not codified by the General Assembly, provides that, as a result of the fiscal year 1992 budgetary crisis necessitating reductions in appropriations to all departments, and for fiscal year 1992 only, the state recognizes that local school systems may need greater flexibility in terms of expenditures for direct instructional costs by program, media center costs, and staff development costs, such that “for and only for fiscal year 1992, relaxation of the 90 percent expenditure controls required by the ‘Quality Basic Education Act,’ specifically subsection (a) of Code Section 20-2-167, will not, under this limited time framework and under these extraordinary circumstances, adversely impact upon the state’s objectives and goals specified by the ‘Quality Basic Education Act.’”

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

Pursuant to its own terms, former subsection (f), as added by Ga. L. 2010, p. 158, § 1/HB 908, concerning waiver of expenditure controls, was repealed effective July 1, 2015.

Law reviews.

For survey article on education law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 237 (2003).

20-2-167.1. Public meetings on proposed annual operating budget; notice; electronic copies; exception for certain nonprofits.

1. As used in this Code section, the term:
   1. “Governing body” means the local board of education, governing council, governing board, or other entity by whatever name responsible for creating and implementing the budget of a local education agency.
   2. “Local education agency” means any local school system and any charter school subject to the provisions of Article 31 or 31A of this chapter, except this shall not include college and career academies that are charter schools; conversion charter schools, as defined in Code Section 20-2-2062, whose charter is not held by a nonprofit corporation; or system charter schools, as defined in Code Section 20-2-2062.
2. Each governing body shall hold at least two public meetings, which shall not occur within the same week, for the purpose of providing an opportunity for public input on its proposed annual operating budget before adopting any budget; provided, however, that any other public meeting or hearing held that is related to the budget as required by law shall satisfy all or a portion of such requirement. The governing body of a charter school with a state-wide attendance zone and students residing in 25 percent or more of Georgia’s counties or in three or more counties which are not geographically contiguous shall conduct one such public meeting virtually and one such public meeting in the county in which its primary business office is located. The public meetings shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the board of education are advertised.
3. A summary of the annual operating budget proposed by the governing board and the annual operating budget adopted by the governing board shall be posted on a publicly available area of such governing body’s website. The summary of the annual operating budget adopted by the governing body shall be maintained on such publicly available area of the website until the annual operating budget for the next fiscal year is adopted by the governing body. In the event a governing body elects to post the line item detailed proposed and adopted annual operating budgets on a publicly available area of its website, it shall be deemed in compliance with this subsection.
4. Upon request, each governing body shall provide to any person an electronic copy of the line item detailed adopted annual operating budget in a format suitable for analysis at no cost within three business days of such request, and the summary of the budget required by subsection (c) of this Code section shall give notice of such right.
5. The provisions of this Code section shall not be construed to apply to the operating budget or accounting records of a nonprofit corporation itself that operates a charter school.

History. Code 1981, § 20-2-167.1 , enacted by Ga. L. 2016, p. 820, § 1/HB 65.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2016, Code Section 20-2-167.1, as enacted by Ga. L. 2016, p. 826, § 1/HB 100, was redesignated as Code Section 20-2-167.2.

Editor’s notes.

Former Code Section 20-2-167 .1, concerning the application of Code Section 20-2-167 for 2003-2004, 2004-2005, and 2005-2006 school years, was repealed by Ga. L. 2005, p. 798, § 3/SB 35, effective July 1, 2005. The former Code section was based on Code 1981, § 20-2-167.1 , enacted by Ga. L. 2003, p. 185, § 2; Ga. L. 2004, p. 107, § 4; Ga. L. 2005, p. 798, § 3/SB 35.

20-2-167.2. Virtual instruction through virtual schools; no waivers.

1. 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.
2. 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; and
   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.
3. 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.

History. Code 1981, § 20-2-167.2 , enacted by Ga. L. 2016, p. 826, § 1/HB 100; Ga. L. 2022, p. 352, § 20/HB 1428.

The 2022 amendment, effective May 2, 2022, part of an Act to revise, modernize, and correct the Code, inserted “and” at the end of paragraph (b)(1), substituted a period for “; and” at the end of paragraph (b)(2), and deleted former paragraph (b)(3), which read: “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.”.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2016, Code Section 20-2-167.1, as enacted by Ga. L. 2016, p. 826, § 1/HB 100, was redesignated as Code Section 20-2-167.2.

20-2-168. Distribution of federal funds; combined purchase of supplies and equipment; minimum school year; summer school programs; year-round operation.

1. All federal funds received by the State Board of Education for purposes contained within this article shall be apportioned and distributed by the state board in a manner consistent with this article as additional aid to local units of administration in defraying the cost of establishing and operating approved programs subject to such rules and regulations as may be prescribed by the state board and in accordance with the approved state plan for such programs, where applicable.
2. 1. The State Board of Education, through a study which includes consultation with the Department of Administrative Services, representatives of local units of administration, and such others as the state board may consult, shall determine whether an overall substantial price advantage to local units of administration may be obtained by means of a combined bid by local units through the state board and the Department of Administrative Services on standard items of school equipment, supplies, services, or other expenses designated by the state board which are ordinarily needed, procured, or incurred by local units, without a sacrifice of safety or quality. The study used to make such determination shall be performed not less than once every five years. If the state board shall determine that such a price advantage to local units may be obtained by such means on any one or more of such items or expenses, the state board shall, after consultation with such persons, establish sets of uniform standard specifications for such item or items as may reasonably be required in order to meet the various needs and requirements of the several local units of administration. Local units of administration shall, at such times as the state board shall prescribe, report the probable annual requirement of the local unit for such standard items to the state board and the requested time for future delivery of such items. The state board shall compile such requirements and submit a compilation of them to the Department of Administrative Services, together with such other information as may be needed or otherwise requested by the Department of Administrative Services for the purpose of advertising for bids for a uniform state price on such items.
   2. The Department of Administrative Services shall advertise for bids for supply of such items in the same manner followed for state purchases; provided, however, that it shall inform prospective bidders that the bid requested is for the furnishing of such items to the designated local units of administration at the times specified on the basis of a single state price applicable to all local units, that payment for such items as may be purchased by local units shall be made by the respective local units to the bidder, that no guarantee is made that any purchases will be made from the successful bidder as a result of such bidding, and such other information as shall be appropriate under the circumstances. The Department of Administrative Services shall, upon receipt of bids, process them in the same manner followed for state purchases and promptly notify the state board of the name of the successful bidder and such other available information as may be required by the state board, which shall promptly forward such information to all local units of administration.
   3. Local units of administration may obtain competitive bids from vendors on such standard items of school equipment, supplies, services, or other expenses based upon uniform specifications established for such items by the state board and may purchase such items from the vendor submitting the best bid to the local unit, whether or not the bid price of such vendor is greater or less than the state bid price on such items; provided, however, that whenever a local unit purchases such standard items at a price in excess of the state bid price for such items, the state board shall, when computing standard costs for allotment of state funds, disallow the excess costs paid for such items by the local unit. The state board shall prescribe regulations necessary for implementation and enforcement of this subsection and is authorized to establish standards and uniform standard specifications and procedures for the purchase, distribution, use, and maintenance, as the case may be, of school equipment, supplies, services, and other expenses, as may be designated by the state board, whether or not state bid prices are obtained on such items.
3. 1. Except as otherwise provided in this Code section, public elementary and secondary schools of this state receiving state aid under this article may provide each eligible student with access to no less than 180 school days of education each fiscal year, or the equivalent thereof as determined in accordance with State Board of Education guidelines. The State Board of Education shall define a school year, which shall be no less than 180 days of instruction in accordance with the provisions of this subsection, or the equivalent thereof; shall define the length of the school day, based on a 180 day school year, and equivalent lengths; and shall provide that all public elementary and secondary schools, beginning in the 2010-2011 school year, may be closed for instruction on November 11 of each year to enable students, teachers, and administrators to participate in Veterans Day programs to honor veterans of the armed forces.
   2. Any provision of this subsection or this article to the contrary notwithstanding, when the President of the United States proclaims a national emergency or when the Governor proclaims a state of emergency or when, because of emergency, disaster, act of God, civil disturbance, or a shortage of vital and critical material, supplies, or fuel, the continued operation of the public schools according to the definitions of school year, school month, or school day is impractical or impossible, then the state board shall have the power to authorize local boards of education to depart from a strict interpretation of these definitions, and such departure need not be uniform throughout the state.
   3. A local board of education may, without the necessity of authorization from the state board, elect not to complete, as make-up days, up to four additional days otherwise needed which are the result of days when school was closed due to emergency, disaster, act of God, civil disturbance, or shortage of vital or critical material, supplies, or fuel. In any such case, the school year applicable to that local board of education may terminate, in the discretion of the local board, at the end of the last school day originally designated by the local board as the end of the school year, regardless of the day of the week on which the school calendar was scheduled to end. The provisions of this paragraph shall not limit the authority of the state board under paragraph (2) of this subsection.
   4. Each fiscal year shall begin on July 1 and end on June 30 of the following year.
   5. For purposes of this subsection, the term:
      1. “Disaster” means any happening that causes great harm or damage.
      2. “Emergency” means a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.
      3. That the program is offered for all official attendance days in accordance with such standards, requirements, and criteria as may be prescribed by the state board.
4. The governing board of any local unit of administration may provide for continued operation of one or more educational programs of the local unit for a period of time beyond the normal school year provided for in subsection (c) of this Code section for the purpose of providing summer school education programs, including: the continuation of one or more instructional programs provided for in Part 3 of this article, enrichment of prescribed school programs, accelerated school programs, special programs of education enumerated by or coming within the scope of this article, and such other education programs as may be approved by the State Board of Education. All summer school programs shall meet and be offered in accordance with standards, requirements, and criteria prescribed by the state board. Teachers and other certificated professional personnel employed full time or part time during such period shall be paid additional salaries based on the state minimum monthly salary schedule in proportion to the time and services rendered by such personnel. No additional state funds shall be allotted to local units in support of such programs unless the General Assembly authorizes funds for this purpose. The state board is authorized to allot such state funds to local units in support of all or any one or more of such summer school education programs. The extent to which these state funds may be allotted to local units of administration in support of any one or more of such programs shall be determined by the state board but shall not in any event exceed the ratio of state funds to local funds made available to the local unit during the preceding school year in support of the calculated cost of providing the Quality Basic Education Program in the local unit during that school year. The state board is authorized to determine the relative need for establishment of any one or more of the various summer school education programs enumerated in this subsection, to establish priorities for implementation of such programs, and to allot funds appropriated for this purpose to local units of administration in support of those programs.
5. 1. It is declared to be the policy of this state that every effort be made to utilize currently available educational facilities and equipment on a year-round basis. The State Board of Education shall certify that a local school system has a year-round operation for one or more grade levels for any instructional program as provided in Part 3 of this article which meets the following criteria:
   2. For all instructional programs of a local school system approved by the state board for year-round operation pursuant to paragraph (1) of this subsection, whether the year-round operation is approved system wide or for only a portion of the local school system, the state board shall make the following modifications concerning the calculation of the full-time equivalent counts used in the allotment provisions under this article, specifically the provisions of Code Sections 20-2-161, 20-2-162, and 20-2-165:
      1. The state board shall require a full-time equivalent count to be done each year for the instructional programs approved for year-round operation between June 15 and August 15 in a manner and on a date specified by the state board; provided, however, that such counts shall be done in a manner consistent with the provisions of Code Section 20-2-160;
      2. The state board shall average the summer full-time equivalent count with the other full-time equivalent counts for the instructional programs approved for year-round operation that are specified in the appropriate allotment provisions of this article; and
      3. The state board shall multiply the averages which result from subparagraph (B) of this paragraph by one and one-third and use this full-time equivalent count in all allotment calculations for these instructional programs.

         A similar process shall be applied to all other instructional programs approved by the state board for year-round operation which are required by this article or by state board policy to use student counts in determining the allotment of funds to local school systems.

   3. The state board shall have the authority to prescribe requirements and standards for the distribution, use, and expenditure of funds allotted under this subsection.

(A) That the operation of the program is for 232 official attendance days or more, constituting four quarters or any plan for year-round operation approved by the state board;

(B) That for a student’s first 176 or more days, constituting three quarters or an equivalent plan approved by the state board, attendance shall be on a tuition-free basis; and

History. Code 1981, § 20-2-168 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 9, § 1; Ga. L. 1990, p. 1269, § 1; Ga. L. 1992, p. 6, § 20; Ga. L. 1994, p. 1315, § 3; Ga. L. 1996, p. 6, § 20; Ga. L. 2000, p. 792, § 2; Ga. L. 2008, p. 521, § 1/HB 1300; Ga. L. 2009, p. 8, § 20/SB 46; Ga. L. 2009, p. 638, § 2/HB 193; Ga. L. 2012, p. 358, § 8/HB 706; Ga. L. 2016, p. 605, § 3/HB 739.

The 2016 amendment, effective July 1, 2016, deleted “; provided, further, that local units of administration shall implement textbook adoptions from textbook listings prescribed by the state board pursuant to Article 19 of this chapter within 18 months of the time said textbook listings are provided by the state board” from the end of the first sentence in paragraph (b)(3).

Cross references.

Public and legal holidays, § 1-4-1 .

Editor’s notes.

For application of this statute in 2020 and 2021, see Executive Orders 06.29.20.02, 07.15.20.01, 07.31.20.02, 08.15.20.01, 08.31.20.02, 09.15.20.01, 09.30.20.02, 10.15.20.01, 10.30.20.02, 11.13.20.01, 11.30.20.02, 12.08.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, and 05.28.21.02.

A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.

20-2-169. Receipt of federal funds for career, occupational, or technical education.

The Department of Education is designated as the sole state agency to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or technical education; provided, however, those funds appropriated for the operation and management of postsecondary technical, adult, and industrial programs shall be placed under the jurisdiction and control of the State Board of the Technical College System of Georgia; provided, further, a proportionate share of those federal funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board.

History. Code 1981, § 20-2-169 , enacted by Ga. L. 1988, p. 1252, § 4; Ga. L. 2011, p. 632, § 3/HB 49.

Cross references.

Receipt of federal funds for career, occupational, or technical education, § 20-4-17 .

20-2-170. Authority to withhold payment of bonded indebtedness from appropriation.

If the State Board of Education has received the notification from any local school system or district described in Code Section 20-2-480 and if at any time the State Board of Education is notified by the sinking fund custodian, trustee, or paying agent for bonded indebtedness of such school district or system that the school district or system has failed to effect the punctual payment of the principal of or interest on such indebtedness, the State Board of Education is authorized to and shall withhold from any state appropriation to which such school district or system may be entitled and apply so much thereof as shall be necessary to the payment of the principal of and interest on such indebtedness then due.

History. Code 1981, § 20-2-170 , enacted by Ga. L. 1991, p. 1579, § 1.

20-2-171. Minimum direct classroom expenditures; waivers; sanctions for noncompliance; submission of budget and expenditure information; rules and regulations.

1. For purposes of this Code section, the term:
   1. “Direct classroom expenditures” means all expenditures by a local school system during a fiscal year for activities directly associated with the interaction between teachers and students, including, but not limited to, salaries and benefits for teachers and paraprofessionals; costs for instructional materials and supplies; costs associated with classroom related activities, such as field trips, physical education, music, and arts; and tuition paid to out-of-state school districts and private institutions for special needs students. This term shall not include costs for administration, plant operations and maintenance, food services, transportation, instructional support including media centers, teacher training, and student support such as nurses and school counselors.
   2. “Total operating expenditures” means all operating expenditures by a local school system during a fiscal year, including expenditures from federal, state, and local funds and from any other funds received by a local school system, such as student activity fees. This term shall not include capital outlay expenditures, debt or bond payments, interest on debt or bonds, facility leases, or rental payments. This term shall also not include any costs which are incurred by a local school system to comply with any mandate by statute or by the Georgia Department of Education effective on or after January 1, 2006, to add specific nonclassroom staff positions.
2. Beginning with fiscal year 2008:
   1. Each local school system shall spend a minimum of 65 percent of its total operating expenditures on direct classroom expenditures, except as otherwise provided in this subsection;
   2. For any fiscal year in which a local school system has direct classroom expenditures that are less than 65 percent of its total operating expenditures, the local school system shall be required to increase its direct classroom expenditures by a minimum of 2 percent per fiscal year as a percentage of total operating expenditures, beginning in the subsequent fiscal year and each fiscal year thereafter, until it reaches 65 percent. For fiscal year 2008, the baseline year from which the required increase will be determined shall be based on expenditure data from fiscal year 2007;
   3. A local school system that has direct classroom expenditures that are less than 65 percent of its total operating expenditures and that is unable to meet the expenditure requirements in paragraph (2) of this subsection may apply to the State Board of Education for a one-year renewable achievement waiver. The waiver request must include evidence that the local school system is exceeding the state averages in academic categories designated by the board, which may include, but not be limited to, end-of-grade assessments, end-of-course assessments, and the SAT, a plan for obtaining compliance with this Code section, and any other information required at the discretion of the board; and
   4. A local school system that has direct classroom expenditures that are less than 65 percent of its total operating expenditures and that is unable to meet the expenditure requirements in paragraph (2) of this subsection may apply to the State Board of Education for a one-year renewable hardship waiver. Waivers granted pursuant to this paragraph shall be limited to extreme situations in which such situation is solely responsible for the local school system’s inability to meet the expenditure requirements. Such situations may include, but are not limited to, acts of God and inordinate unexpected increases in energy and fuel costs. The waiver request must include revenue and expenditure reports and specific details providing compelling evidence as to the impact that the intervening extreme situation had on the local school system’s ability to comply with expenditure requirements and any other information required at the discretion of the board.
3. The State Board of Education shall have the authority to impose sanctions against a local school system that fails to comply with the provisions of this Code section or any rules and regulations promulgated pursuant to subsection (e) of this Code section. Such sanctions shall be at the discretion of the board and may include, but not be limited to, requiring the local school system to devise and implement a plan to meet the expenditure requirements of this Code section in the subsequent fiscal year or withholding all or any portion of state funds in accordance with Code Section 20-2-243.
4. The State Board of Education shall be authorized to require the submission of budget information and expenditure data from local school systems for the purposes of verifying compliance with this Code section.
5. The State Board of Education shall be authorized to promulgate rules and regulations to implement the provisions of this Code section.

History. Code 1981, § 20-2-171 , enacted by Ga. L. 2006, p. 56, § 2/SB 390; Ga. L. 2009, p. 8, § 20/SB 46; Ga. L. 2013, p. 1061, § 33/HB 283; Ga. L. 2015, p. 21, § 3/HB 91.

The 2015 amendment, effective March 30, 2015, substituted “end-of-grade assessments, end-of-course assessments,” for “criterion-referenced competency tests, the Georgia High School Graduation Test,” in the middle of the last sentence of paragraph (b)(3).

Editor’s notes.

Ga. L. 2006, p. 56, § 1/SB 390, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Classrooms First for Georgia Act.’”

Law reviews.

For article on 2006 enactment of this Code section, see 23 Ga. St. U.L. Rev. 119 (2006).

20-2-180. Essential educational resources as basis for base amount and program weights.

The essential educational resources described in this part shall serve as the basis for computing the base amount and program weights used in the Quality Basic Education Formula pursuant to Code Section 20-2-161. Although the essential educational resources described in this part shall serve as guidelines to local school systems as to the manner by which funds allocated pursuant to Code Section 20-2-161 are expended, the local school systems are authorized to expend such funds as deemed appropriate and necessary to provide the most effective educational programs and services needed by enrolled students, except as otherwise limited by the provisions of subsection (a) of Code Section 20-2-167 and other appropriate provisions of this article and by policies, regulations, and standards promulgated by the State Board of Education.

History. Code 1981, § 20-2-180 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1987, “Quality Basic Education Formula” was substituted for “Quality Basic Educaton formula” in the first sentence.

20-2-181. Calculation of program weights to reflect base school size.

The calculation of all program weights shall reflect a base size local school system of 3,300 full-time equivalent students. The calculation of program weights for the kindergarten program, the kindergarten early intervention program, the primary grades (1-3) early intervention program, the primary grades (1-3) program, the upper elementary grades (4-5) early intervention program, and the upper elementary grades (4-5) program shall reflect a base school size of 450 full-time equivalent students. The calculation of program weights for the middle school (6-8) program, the special education programs, the remedial education program, and the English for speakers of other languages program shall reflect a base school size of 624 full-time equivalent students. The calculation of program weights for the high school general education program and the high school career, technical, and agricultural education laboratory program shall reflect a base school size of 970 full-time equivalent students. The calculation of program weights for the alternative education program shall reflect a base school size of 100 full-time equivalent students, except that the calculations for secretaries and media personnel shall reflect a base school size of 624 full-time equivalent students.

History. Code 1981, § 20-2-181 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1990, p. 847, § 3; Ga. L. 2000, p. 618, § 26; Ga. L. 2001, p. 148, § 8; Ga. L. 2013, p. 1061, § 11/HB 283; Ga. L. 2015, p. 1376, § 14/HB 502.

The 2015 amendment, effective July 1, 2015, deleted “middle grades (6-8) program, the” preceding “middle school” near the middle of the third sentence; and deleted “the” preceding “program weights” in the fourth sentence.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-182. Program weights to reflect funds for payment of salaries and benefits; maximum class size; reporting requirements; application to specific school years.

1. The program weights, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of all teachers needed to provide essential classroom instruction in order to ensure a Quality Basic Education Program for all enrolled students, subject to appropriation by the General Assembly.
2. The program weights for the primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, and middle school programs, when multiplied by the base amount, shall reflect sufficient funds to pay at least the beginning salaries of specialists qualified to teach art, music, foreign language, and physical education, subject to appropriation by the General Assembly.
3. The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle school, and alternative education programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for at least one school counselor for every 450 full-time equivalent students. Beginning in Fiscal Year 2015 and thereafter, the program weights for the English for speakers of other languages program and the programs for persons with disabilities shall also earn school counselor funding. Further, beginning in Fiscal Year 2016 and thereafter, the program weights for the program for intellectually gifted students and the remedial education program shall also earn school counselor funding. The duties and responsibilities for such school counselors shall be established by the state board to require a minimum of five of the six full-time equivalent program count segments of the counselor’s time to be spent counseling or advising students or parents.

   (c.1) The program weights for the kindergarten and the kindergarten early intervention programs, when multiplied by the base amount, shall reflect sufficient funds to pay the salaries for instructional aides.

4. All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for technology specialists needed to provide essential technology services.
5. The program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to provide teachers with a preparation period free of assigned students.
6. Reserved.
7. All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the cost of sick and personal leave for teachers, the employer’s portion of costs for membership in the Teachers Retirement System of Georgia and health insurance programs authorized by law, the cost of essential instructional materials, which shall include, but not be limited to, textbooks and technology, and equipment needed to operate effectively such instructional programs, and the cost of travel required of personnel in order to deliver educational services to enrolled students, subject to appropriation by the General Assembly.
8. All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (f) of Code Section 20-2-161, an amount of funds for the purpose of providing staff and professional development to certificated and classified personnel and local school board members which shall be at least equivalent to 1.0 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. Beginning in Fiscal Year 2014, such amount shall include funding for school level administrators in the same manner as for other certificated professional personnel. Beginning in Fiscal Year 2015, such amount shall be at least equivalent to 0.9 percent of salaries of all certificated professional personnel, including school level administrators, used in the development of each respective program weight, subject to appropriation by the General Assembly. Funds used for professional or staff development purposes may be used throughout the fiscal year, including days when students are not present at school, to meet professional or staff development needs in the order of priority determined by the local board of education within the comprehensive professional and staff development program plan approved by the State Board of Education. Such professional and staff development program plan shall address deficiencies of certificated personnel as identified by evaluations required under Code Section 20-2-210. Further, professional and staff development funds shall be used for activities that enhance the skills of certificated personnel and directly relate to student achievement, as reflected in the revised certification renewal rules established by the Professional Standards Commission pursuant to paragraph (4.1) of subsection (b) of Code Section 20-2-200 regarding the impact of professional learning on student achievement. Subsequent certificated personnel evaluations shall include an assessment of an employee’s professional and staff development activities and their effect on identified deficiencies and student achievement. Funds for professional development purposes may be used for activities occurring at any time during the fiscal year outside of an employee’s normal contract hours.
9. 1. It is the intent of this paragraph to provide a clear expectation to parents and guardians as to the maximum number of students that may be in their child’s classroom in kindergarten through eighth grade. Beginning with the 2006-2007 school year, for the following regular education programs, the maximum individual class size for mathematics, science, social studies, and language arts classes shall be:
      1. Kindergarten program (without full-time aide)  . . . . .  18
      2. Kindergarten program (with full-time aide)  . . . . .  20
      3. Primary grades program (1-3)  . . . . .  21
      4. Upper elementary grades program (4-5)  . . . . .  28
      5. Middle school program (6-8)  . . . . .  28

         For school years 2010-2011, 2011-2012, 2012-2013, 2013-2014, and 2014-2015 only, the system average maximum class size for each instructional program covered under this paragraph shall be the same as the maximum individual class size for each such program, and local boards of education shall be considered in compliance with this paragraph so long as the system average maximum class size is not exceeded; provided, however, that if the State Board of Education approves a blanket waiver or variance pursuant to subsection (h) of Code Section 20-2-244, such maximum individual class sizes shall be the system average maximum class sizes for purposes of this paragraph.

   2. The State Board of Education shall adopt for each instructional program authorized pursuant to Part 3 of this article except those programs included in paragraph (1) of this subsection the maximum number of students which may be taught by a teacher in an instructional period. For the remedial education, career, technical, and agricultural education laboratory, alternative education, and early intervention programs, the State Board of Education shall provide for a system average maximum class size that shall not exceed the funding class size by more than 20 percent, unless specifically authorized by the State Board of Education; provided, however, that the system average maximum class size for special education, gifted, and English for speakers of other languages classes shall be set by the State Board of Education. For each instructional program covered under this paragraph, the maximum number of students who may be taught by a teacher in an instructional period shall not exceed the system average maximum class size for the program by more than two students; provided, however, that a system average maximum class size which results in a fractional full-time equivalent shall be rounded up to the nearest whole number; provided, however, that this provision shall not apply to general education programs in mathematics, science, social studies, and language arts for grades 9 through 12. Beginning with the 2007-2008 school year, each local board of education shall be allowed to exceed maximum class sizes set by the state board pursuant to this paragraph for general education programs in mathematics, science, social studies, and language arts for grades 9 through 12 and may establish such maximum class sizes that shall not exceed the funding class size by more than 39 percent and shall annually report to the state board and to each school council in its school system such class sizes established.
   3. The maximum individual class size for the kindergarten and primary grades programs is defined as the number of students in a physical classroom. The maximum individual class size for all other purposes shall be defined as the maximum number of students that may be taught by a teacher in a class segment. Maximum class sizes for the programs covered in paragraph (2) of this subsection that result in a fractional full-time equivalent shall be rounded up to the nearest whole number as needed.
   4. The number of students taught by a teacher at any time after the first 15 school days of a school year may not exceed the maximum such number unless authorization for a specific larger number is requested of the state board after the first FTE count of a school year as required in subsection (a) of Code Section 20-2-160. The state board may approve said request only in the limited circumstance where educationally justified and where an act of God or other unforeseen event led to the precipitous rise in enrollment within that school system or led to another occurrence which resulted in the local board’s inability to comply with this subsection. The state board shall not reduce class sizes without the authorization of the General Assembly if this reduction necessitates added costs for facilities, personnel, and other program needs. Local boards of education may reduce class sizes, build additional facilities, and provide other resources at local cost if such actions are in the best interest of the local school systems’ programs as determined by the local boards of education.
10. In its report of the initial full-time equivalent program count required by subsection (a) of Code Section 20-2-160, each local school system shall report to the Department of Education the number of students in each class in each school as of the date of the initial enrollment count; for schools where students change classes during the school day, the local school system shall report the number of students in each class period. Each local school system shall also report to the Department of Education by March 15 of each school year the number of students in each class in each school as of the first Monday in March; for schools where students change classes during the school day, the local school system shall report the number of students in each class period.

History. Code 1981, § 20-2-182 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 612, § 8; Ga. L. 1988, p. 1412, § 2; Ga. L. 1988, p. 1496, § 1; Ga. L. 1990, p. 847, § 4; Ga. L. 1990, p. 918, § 1; Ga. L. 1991, p. 94, § 20; Ga. L. 1991, p. 1531, § 5; Ga. L. 1994, p. 1315, § 4; Ga. L. 2000, p. 618, § 27; Ga. L. 2001, p. 148, § 9; Ga. L. 2003, p. 185, § 4; Ga. L. 2004, p. 107, § 5; Ga. L. 2005, p. 60, § 20/HB 95; Ga. L. 2005, p. 798, § 4/SB 35; Ga. L. 2006, p. 66, § 2/HB 1358; Ga. L. 2007, p. 674, § 2/SB 123; Ga. L. 2009, p. 8, § 20/SB 46; Ga. L. 2010, p. 158, § 3/HB 908; Ga. L. 2011, p. 647, § 4/HB 192; Ga. L. 2011, p. 752, § 20/HB 142; Ga. L. 2012, p. 355, § 2/SB 404; Ga. L. 2013, p. 1061, § 12/HB 283; Ga. L. 2015, p. 5, § 20/HB 90; Ga. L. 2015, p. 1376, § 15/HB 502.

The 2015 amendments. —

The first 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, deleted “pursuant to Code Section 20-2-232” following “Board of Education” at the end of the fourth sentence in subsection (h). The second 2015 amendment, effective July 1, 2015, deleted “middle grades,” following “early intervention” in the middle of subsection (b) and in the middle of the first sentence of subsection (c); and substituted the present provisions of subparagraph (i)(1)(E) for the former provisions, which read: “Middle grades program (6-8) and middle school program (6-8) as defined in Code Section 20-2-290. . . . . .28”.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2000, a comma was deleted following “alternative education” in the first sentence of subsection (c) and an extra comma was deleted following “teachers,” near the middle of subsection (g).

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

Ga. L. 2006, p. 66, § 1/HB 1358, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Truth in Class Size Act.’”

Former subsection (k) was repealed on its own terms effective July 1, 2007.

Law reviews.

For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 147 (2003).

For survey article on education law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 237 (2003).

20-2-183. Program weights to reflect funds for maintenance and operation of facilities.

All program weights, when multiplied by the base amount, shall reflect sufficient funds to provide for the maintenance and operation of facilities essential for housing instructional programs and essential supportive educational services, subject to appropriation by the General Assembly.

History. Code 1981, § 20-2-183 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1.

20-2-184. Program weights to reflect funds for media specialists.

All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salary for at least one media specialist for an appropriate base size school pursuant to Code Section 20-2-181 and to provide media center materials and equipment, including computer hardware and software, as essential to support instructional programs authorized under Part 3 of this article, subject to appropriation by the General Assembly.

History. Code 1981, § 20-2-184 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1992, p. 1500, § 1.

20-2-184.1. Funding for additional days of instruction; programs for low-performing students; transportation costs.

The program weights for the kindergarten, kindergarten early intervention, primary, primary grades early intervention, upper elementary, upper elementary grades early intervention, middle school, and remedial programs and the program weights for the high school programs authorized pursuant to paragraph (4) of subsection (b) of Code Section 20-2-151, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries for instructors needed to provide 20 additional days of instruction for 10 percent of the full-time equivalent count of the respective program. Such funds shall be used for addressing the academic needs of low-performing students with programs including, but not limited to, instructional opportunities for students beyond the regular school day, Saturday classes, intersession classes, summer school classes, and additional instructional programs during the regular school day. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system. Each local school system shall spend 100 percent of the funds designated for additional days of instruction for such costs at the system level, which may include transportation costs incurred for transporting students who are attending additional classes funded by these designated funds.

History. Code 1981, § 20-2-184.1 , enacted by Ga. L. 2001, p. 148, § 10; Ga. L. 2003, p. 185, § 5; Ga. L. 2010, p. 158, § 4/HB 908; Ga. L. 2011, p. 647, § 5/HB 192; Ga. L. 2011, p. 752, § 20/HB 142; Ga. L. 2013, p. 1061, § 13/HB 283; Ga. L. 2015, p. 1376, § 16/HB 502.

The 2015 amendment, effective July 1, 2015, deleted “middle grades,” following “early intervention,” near the beginning.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2015, the subsection (a) designation was deleted.

Editor’s notes.

Pursuant to its own terms, subsection (b), as added by Ga. L. 2010, p. 158, § 4/HB 908, concerning waiver of expenditure controls, was repealed effective July 1, 2015.

Law reviews.

For note on the 2003 amendment to this Code section, see 20 Ga. St. U.L. Rev. 147 (2003).

20-2-185. Program weights to reflect funds for salaries for assistant principals and secretaries.

All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of assistant principals as well as the salaries of secretaries essential for the efficient and effective management of the instructional and supportive educational programs of an appropriate base size school pursuant to Code Section 20-2-181 and to provide for the costs of operating an administrative office in the school, subject to appropriation by the General Assembly.

History. Code 1981, § 20-2-185 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 2000, p. 618, § 28.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-186. Allocation of funds for local systems to pay beginning salaries of superintendents, secretaries, accountants, nurses, and certain other personnel; eligibility of failing schools for funds.

1. Funds provided under this article shall include the following for local systems to pay, on a 12 month basis, the beginning salaries of superintendents, assistant superintendents, and principals and the salaries of secretaries, accountants, and nurses, subject to appropriation by the General Assembly:
   1. Each local system shall earn, for any number of full-time equivalent students equal to or under 5,000, funds sufficient to pay the beginning salaries of a superintendent and two assistant superintendents and the salaries of a secretary and an accountant; and
   2. For numbers of full-time equivalent students over 5,000 and less than 10,001, funds sufficient to pay the beginning salaries of a superintendent and four assistant superintendents and the salaries of a secretary and an accountant; and
   3. For numbers of full-time equivalent students over 10,000, funds sufficient to pay the beginning salaries of a superintendent and eight assistant superintendents and the salaries of a secretary and an accountant; and
   4. Each local system shall earn funds for the 2000-2001 school year sufficient to pay the beginning salary of a principal for each school in the local school system with a principal of record for the preceding year. Thereafter, each local school system shall earn funds sufficient to pay the beginning salary of a principal for each school in the local school system that reported a principal on the October certified personnel information report; provided, however, that any school which operates as a combination school, which is defined as any of the elementary grades, kindergarten through grade five, contiguous with one or more of the middle grades, grades six through eight; or as a combination school of any of the middle grades, grades six through eight, contiguous with one or more of the elementary grades or contiguous with one or more of the high school grades, grades nine through 12; or as a combination school of any of the high school grades, contiguous with one or more of the middle grades, shall earn funds sufficient to pay the beginning salary of a principal for each of the elementary, middle, or high school combinations. For purposes of this paragraph, “contiguous” means grade levels in sequence, regardless of whether schools operating as a combination school are on the same campus sharing facilities or at different locations. Beginning with the 2001-2002 school year, funds cannot be earned for more than one principal’s salary for schools on the same campus sharing facilities unless the schools operate as a combination school as defined in this paragraph with separate facility codes issued by the Department of Education. A local school system shall earn funds in the midterm adjustment sufficient to pay the beginning salary of a principal for a new school, if not otherwise earning the funds, when the school has reported full-time equivalent program counts in the October count, has an approved new school facility code issued by the department, and has reported a principal on the October certified personnel information report under the new facility code. It is further provided that funds for the salary of a principal shall not be earned under this paragraph for an evening school or alternative school; and
   5. Each local system shall earn funding for one nurse for every 750 full-time equivalent students at the elementary school level and one nurse for every 1,500 full-time equivalent students at the middle and high school levels. Such funding shall have a ratio of one registered professional nurse to five licensed practical nurses. Such funding shall be based on a contract length of 180 days and shall be sufficient to pay 50 percent of the average salary and benefits, as determined by the Department of Education, for a registered professional nurse or for a licensed practical nurse; provided, however, that such amount shall be phased in so that, in Fiscal Year 2013, such amount shall be 40 percent and, in Fiscal Year 2014, such amount shall be 45 percent. Local school systems shall not be required to provide any local matching funds for school nurses to receive funds pursuant to this paragraph. Local school systems that do not meet the minimum full-time equivalent student counts set out in this paragraph shall receive a base amount of funding. Each local school system shall expend 100 percent of the funds earned pursuant to this paragraph for salaries and benefits for school nurses.
2. All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a visiting teacher using a base size of 2,475 full-time equivalent students, for costs of operating an administrative office for certain local school systems as deemed warranted by the department, and for workers’ compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a local school system using a base size of 2,475 full-time equivalent students, subject to appropriation by the General Assembly; provided, however, that beginning with Fiscal Year 2016, such base size shall be 2,420 full-time equivalent students.
3. Notwithstanding any provision of this Code section to the contrary, no local system shall earn funds under this Code section, except for funds for nurses, accountants, visiting teachers, school psychologists, and secretaries, if the local board of education has not implemented in a failing school within the system the interventions, as defined in Code Section 20-14-41, that are prescribed by the State Board of Education.

History. Code 1981, § 20-2-186 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1990, p. 847, § 5; Ga. L. 1993, p. 1667, § 2; Ga. L. 1995, p. 701, § 3; Ga. L. 2000, p. 618, § 29; Ga. L. 2012, p. 372, § 1/SB 403; Ga. L. 2013, p. 1061, § 14/HB 283; Ga. L. 2015, p. 92, § 4/SB 133.

The 2015 amendment substituted “interventions, that are prescribed by the State Board of Education or the office pursuant to their respective authority” for “interventions, as defined in Code Section 20-14-41, that are prescribed by the State Board of Education” at the end of subsection (c). For effective date of this amendment, see the Editor’s note.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

The constitutional amendment proposed in Ga. L. 2015, p. 92, § 6(a)/SB 133, which would have revised subsection (c) to read as follows: “Notwithstanding any provision of this Code section to the contrary, no local system shall earn funds under this Code section, except for funds for nurses, accountants, visiting teachers, school psychologists, and secretaries, if the local board of education has not implemented in a failing school within the system the interventions, that are prescribed by the State Board of Education or the office pursuant to their respective authority.”, was defeated in the general election held November 8, 2016.

Law reviews.

For article on the 2015 amendment of this Code section, see 32 Ga. St. U.L. Rev. 115 (2015).

20-2-187. State-wide school lunch program; instruction in nutrition, hygiene, etiquette, and social graces; school food and nutrition personnel.

1. 1. The State Board of Education shall annually determine the amount of state funds needed to provide a state-wide school lunch program. The state board shall, by regulation, provide for certifying and classifying school lunch supervisors and managers and establish training programs for school lunch personnel. The state board is authorized to provide for the payment of:
      1. Operating costs of school lunchrooms, including breakfast costs, as financed by federal funds, for those students eligible under federal guidelines;
      2. State supplements to the salaries paid such personnel by local units of administration; and
      3. State incentive pay for satisfactory completion of such training programs.
   2. An application of local five mill share funds pursuant to Code Section 20-2-164 shall not be made for payments to local units of administration under this Code section. Any state funds appropriated for this purpose shall be used to supplement federal funds as a means of keeping sale prices within reach of paying students and of maximizing participation and quality meals for all students.
2. The State Board of Education is authorized to prescribe by appropriate rules and regulations that there may be included as part of the program of every public school in this state a course of instruction in nutrition, hygiene, etiquette, and the social graces relating to the partaking of meals and is further authorized to allot funds, in a manner consistent with the funding for the other various components of the instructional program, to local units of administration for costs directly associated with this program. There may be utilized in the course of instruction the full resources available to each individual school, including its cafeterias, school lunch personnel, and all practical demonstrations in the preparation and consumption of food which may be necessary to formulate a comprehensive course of instruction in such subject matter. Any period of the school day may be utilized for the teaching of this course of instruction, including that period usually reserved for the lunch period.
3. 1. The State Board of Education shall establish a system of allotments of funds to local units of administration to provide for services rendered on a ten-month basis by school food and nutrition personnel. The amount of funds paid to any local unit of administration shall be paid in 12 monthly payments and shall be based upon the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals in that local unit of administration, multiplied by an annual base payment. For each school food manager, the local unit of administration shall earn the base payment as well as an amount not to exceed $100.00 per month.
   2. The base payment shall be calculated on the basis of 1,520 hours in an annual school year for a full-time equivalent school lunch position, multiplied by an amount not less than $161.00 per month for 12 months. Future annual increases in the base payment shall reflect the same percentage increase provided by the state for other state funded positions. The state board shall annually establish a state performance standard and shall determine the number of full-time equivalent school lunch positions needed to plan, prepare, and serve meals based on the state performance standard and the average daily number of student lunches served during the preceding school year.
   3. Each local unit of administration shall establish a staffing pattern and determine the number of personnel to employ. Local units of administration shall establish the salary schedule for school food and nutrition personnel and shall use the base payments in financing the locally established salary schedule.

History. Code 1981, § 20-2-187 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 2000, p. 618, § 96; Ga. L. 2009, p. 638, § 3/HB 193.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

Administrative rules and regulations.

School nutrition program, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Subject 160-5-6.

20-2-188. Student transportation.

1. The amount of funds needed by a local unit of administration to pay expenses of student transportation shall be calculated by the State Board of Education in accordance with a schedule of standard transportation costs to be incurred by local units of administration in the operation of economical and efficient student transportation programs and a schedule of variable transportation costs or variable cost factors dependent upon prevailing circumstances which affect, in varying ways, the cost of student transportation authorized by this Code section; provided, however, that the amount of funds to be actually distributed to any local unit of administration under this Code section during any school year shall not exceed the actual costs incurred by the local unit in transporting students to and from public schools, including costs for transportation for disabled or limited-English-proficient students who must travel across local school system lines or away from the school to which they would normally be assigned if they did not have such special needs. It is further provided that the costs of the regular student transportation program receive full funding before funds are provided for transportation of students to and from places for the purpose of work experiences, training in instructional laboratories outside the assigned schools, and in other such field trips required of or integral to the various instructional components of the educational program. In establishing the schedule of standards and variable student transportation costs or cost factors, the state board is, without limiting the generality of the foregoing, authorized to consider factors and circumstances such as the number and density of students transported in the local unit of administration and the areas therein served by school buses; the suitability of school bus routes in the local unit; the suitability of the type and number of buses used by the local unit; the number of miles traveled by school buses in the local unit; minimum bus loads; transportation surveys, cost of transportation equipment, and depreciation schedules; the schedule of minimum salaries for school bus drivers established in accordance with subsection (b) of this Code section; the number of school bus drivers allotted to the local unit; maintenance, repair, and operating costs of transportation equipment; climate and terrain; condition of roads used for the purpose of transporting students in the local unit; cost of liability insurance; cost of safety instruction and training for both bus drivers and students; and such other factors and circumstances as the state board may find relevant for the purpose of establishing such schedules and cost factors. The state board shall have authority to establish minimum requirements and standards respecting use of funds allotted under this Code section.

   (a.1) Any funds that the State Board of Education allocates for school bus replacement may be used by local boards of education to refurbish existing school buses. Bus replacement funds may not be restricted by the state board for use only in purchasing new or replacement school buses. Any school bus that is refurbished shall be subject to all safety and maintenance inspection requirements provided for by law. Refurbishment of a school bus shall be done by a school bus manufacturer or by a dealer of a manufacturer. Each local board of education that refurbishes a school bus pursuant to this subsection is strongly encouraged to apply for federal funds to retrofit the engine. The State Board of Education shall notify the Environmental Protection Division when a local board of education receives state funds to refurbish a school bus so that the division may provide information to such local board regarding the availability of federal funds for such purposes.

2. The State Board of Education shall establish a schedule of uniform minimum salaries that shall be paid by local units of administration to drivers of school buses, regardless of type of ownership, which shall be not less than the amount appropriated by the General Assembly each year but not less than $500.00 per month for 12 months. The minimum salary schedule shall not apply to drivers of cars and other vehicles not designated as school buses. Local units of administration shall not pay to any bus driver in their employment salaries less than those prescribed by the uniform minimum salary schedule but shall have the authority to supplement such salaries. The expense of purchasing, maintaining, and operating such buses, regardless of type of ownership, shall not be considered in establishing the schedule of uniform minimum salaries for school bus drivers. The schedule of uniform minimum salaries shall be used as a standard cost item for the purpose of calculating the expense of student transportation under subsection (a) of this Code section. This subsection shall not apply to student or teacher drivers.
3. To the extent that the State Board of Education obtains a state-bid price under subsection (b) of Code Section 20-2-168 on any standard item of equipment, supply, or service used or obtained by local units of administration in connection with or as a result of providing transportation services to students attending the public schools of such local units or on any other standard expense incurred by local units, the standard transportation cost or allowance to be attributed to such item or expense under subsection (a) of this Code section shall be based upon an amount not in excess of the state-bid price on such item or expense.
4. Students who live beyond one and one-half miles from the school to which they are assigned, according to the nearest practical route by school bus, shall be eligible to be counted as transported students for the purpose of calculating that portion of the expense of student transportation associated with transporting students from home to school and from school to home as authorized under subsection (a) of this Code section, provided such students are actually transported to such school by school bus or other vehicle made available for this purpose by the local unit of administration. Any student who resides within such mileage limitation shall not be eligible to be counted for school transportation state-aid purposes, with the exception of disabled students being transported.
5. The State Board of Education shall establish and require adherence to minimum specifications for vehicles used or contracted to be used by local units of administration for transporting students, including a motor vehicle with a capacity of eight persons or less operated and marked for the transportation of school children to and from school and school related activities, taking into account the factors and circumstances set forth in subsection (a) of this Code section, and shall establish and require adherence to minimum standards and requirements respecting maintenance, repair, inspection, and use of such vehicles and minimum qualifications for the drivers of such vehicles. The state board shall require, monitor, and fund a program of safety instruction in the practices of safe riding and emergency bus evacuation drills for both school bus drivers and students riding school buses.
6. The State Board of Education shall have the authority to allot funds for the transportation of all public school students residing on Sapelo Island to the mainland of the state for the purpose of attending school on the mainland.
7. The State Board of Education shall adopt policies, procedures, regulations, and other such requirements for transportation and for payment of all transportation costs pursuant to subsections (a) through (e) of this Code section for all students with special needs identified by the various local units of administration. Further, the state board shall allot funds to local units of administration for transportation costs for those students authorized by such local units of administration to attend schools and programs of other local units.
8. The State Board of Education shall adopt policies and regulations relative to vehicles used for the transportation of students with special needs.
9. Notwithstanding the provisions of subsections (a) through (h) of this Code section, funds to pay the expenses of student transportation shall be paid to an independent school system only when requested by the board of education of such independent school system. Any funds for student transportation costs shall be specified by the board of education of the independent school system in its budget prepared pursuant to subsection (c) of Code Section 20-2-167 and, if not budgeted therein, no expenses for student transportation shall be payable to the independent school system for the fiscal year covered by such budget. No provision of this article shall be construed to require the board of education of any independent school system to furnish student transportation services within such school system.
10. The amount of funds needed by a local unit of administration during a fiscal year for sick and personal leave expenses of school bus drivers shall be determined by multiplying the number of school buses allotted to a local unit of administration pursuant to this Code section by a sum of money not less than $75.00. The State Board of Education shall have the authority to prescribe minimum requirements and standards for the distribution, use, and expenditure of funds allotted under this subsection.

History. Code 1981, § 20-2-188 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1986, p. 880, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 321, § 1; Ga. L. 1989, p. 326, § 1; Ga. L. 1995, p. 1302, § 14; Ga. L. 2010, p. 1001, § 1/HB 936; Ga. L. 2021, p. 241, § 1/SB 159.

The 2021 amendment, effective July 1, 2021, inserted “including a motor vehicle with a capacity of eight persons or less operated and marked for the transportation of school children to and from school and school related activities,” in the middle of the first sentence of subsection (e).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1988, a comma was inserted following “transportation costs or cost factors” near the beginning of the third sentence of subsection (a).

Editor’s notes.

Ga. L. 1989, p. 326, § 2 provided that the 1989 amendment (substituting “$500.00” for “$422.38” near the end of the first sentence in subsection (b)) was not effective until funds were appropriated for that purpose. Such funds were appropriated in 1996.

Administrative rules and regulations.

Student transportation management, Official Compilation of the Rules and Regulations of the State of Georgia, Georgia Department of Education, Subject 160-5-3.

Law reviews.

For survey article on education law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 237 (2003).

For annual survey of administrative law, see 56 Mercer L. Rev. 31 (2004).

20-2-189. Migrant student grants for schools.

1. As used in this Code section, the term “migrant student” means a child who is a student in a public school and who has, within 12 months prior to first becoming a student in such school, moved across state or school district lines with a migrant parent or guardian to enable the child, the child’s parent or guardian, or a member of the child’s immediate family to obtain temporary or seasonal employment in an agricultural or fishing activity.
2. The State Board of Education shall provide grants to qualified local units of administration for the purpose of supplementing services and instruction to currently enrolled migrant students. The State Department of Education by regulation shall establish the manner in which a local unit of administration must demonstrate that any of its schools meets the eligibility requirements of this subsection.
3. Grants under this Code section shall be subject to appropriation by the General Assembly. The grant amount for a local unit of administration to be used for a school thereof under this Code section shall be determined by multiplying the total appropriation for such grants by a fraction, the numerator of which is the average number of eligible migrant students enrolling in that school after the final FTE count as required in subsection (a) of Code Section 20-2-160 but prior to the end of the same academic year and the denominator of which is the average total number of eligible migrant students enrolling after the final FTE count as required in subsection (a) of Code Section 20-2-160 but prior to the end of the same academic year in all local units in the entire state. At least 90 percent of the grant funds received by a local unit under this Code section shall be used for direct program expenditures at the school for which the grant is computed under this subsection. Any portion of that 90 percent not so expended shall be returned to the State Department of Education.

History. Code 1981, § 20-2-189 , enacted by Ga. L. 1994, p. 1796, § 1; Ga. L. 1995, p. 10, § 20; Ga. L. 1996, p. 1603, § 1.

20-2-190. Professional development centered on state-wide strategic initiatives.

1. Subject to appropriations by the General Assembly, the State Board of Education shall provide professional development centered on state-wide strategic initiatives. Such strategic initiatives may include, but are not limited to, training on content standards, support for under-performing educators, and mentoring programs in specific subject areas.
2. It is the intention of the General Assembly that:
   1. For Fiscal Year 2014, an amount equivalent to 0.15 percent of salaries of all certificated professional personnel, including school level administrators, used in the development of each respective program weight be appropriated to the State Board of Education for purposes of funding state-wide strategic initiatives for professional development, as provided in subsection (a) of this Code section; and
   2. For Fiscal Year 2015 and thereafter, an amount equivalent to 0.25 percent of salaries of all certificated professional personnel, including school level administrators, used in the development of each respective program weight be appropriated to the State Board of Education for purposes of funding state-wide strategic initiatives for professional development, as provided in subsection (a) of this Code section.

History. Code 1981, § 20-2-190 , enacted by Ga. L. 2012, p. 355, § 3/SB 404; Ga. L. 2015, p. 1376, § 17/HB 502.

The 2015 amendment, effective July 1, 2015, substituted “content standards” for “the new common core curriculum” near the end of subsection (a).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2012, Code Section 20-2-190, as enacted by Ga. L. 2012, p. 372, § 2/SB 403, was redesignated as Code Section 20-2-191.

20-2-191. Supplies for school health nurse programs.

Subject to appropriations by the General Assembly, the State Board of Education shall provide grants to local school systems for the purpose of purchasing supplies for school health nurse programs, as required pursuant to Code Section 20-2-771.2. The grant funds shall be distributed to local school systems on a full-time equivalent basis. The state board shall establish regulations as to the manner in which such grant funds may be used.

History. Code 1981, § 20-2-191 , enacted by Ga. L. 2012, p. 372, § 2/SB 403.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2012, Code Section 20-2-190, as enacted by Ga. L. 2012, p. 372, § 2/SB 403, was redesignated as Code Section 20-2-191.

Editor’s notes.

Ga. L. 2012, p. 372, § 2/SB 403, which enacted this Code section, purported to amend Part 5 of Article 5, but actually amended Article 6.

20-2-200. Regulation of certificated professional personnel by Professional Standards Commission; rules and regulations; fees.

1. The Professional Standards Commission shall provide, by regulation, for certifying and classifying all certificated professional personnel employed in the public schools of this state, including personnel who provide virtual instruction to public schools of this state, whether such personnel are located within or outside of this state or whether such personnel are employed by a local unit of administration. Such certification and classification shall not be dependent in whole or in part upon an individual participating in or completing any training program in which divisive concepts, as such term is defined in Code Section 20-1-11, are advocated for. No such personnel shall be employed in the public schools of this state unless they hold certificates issued by the commission certifying their qualifications and classification in accordance with such regulations. The commission shall establish such number of classifications of other certificated professional personnel as it may find reasonably necessary or desirable for the operation of the public schools; provided, however, that such classifications shall be based only upon academic, technical, and professional training, experience, and competency of such personnel. The commission is authorized to provide for denying a certificate to an applicant, suspending or revoking a certificate, or otherwise disciplining the holder of a certificate for good cause after an investigation is held and notice and an opportunity for a hearing are provided the certificate holder or applicant in accordance with subsection (d) of Code Section 20-2-984.5. The commission shall designate and define the various classifications of professional personnel employed in the public schools of this state that shall be required to be certificated under this Code section or under Code Section 20-2-206. Without limiting the generality of the foregoing, the term ‘certificated professional personnel’ means all professional personnel certificated by the commission and county or regional librarians.
2. 1. The Professional Standards Commission shall establish rules and regulations for appropriate requirements and procedures to ensure high-quality certification standards for all Georgia educators while facilitating the interstate mobility of out-of-state certified educators; provided, however, that such rules, regulations, requirements, and procedures shall not require an individual to participate in or complete any training program in which divisive concepts, as such term is defined in Code Section 20-1-11, are advocated for.
   2. Requirements established for initial certification applicants new to the profession, to include out-of-state program completers with or without certificates and with no teaching experience, may include, but are not limited to, demonstrated satisfactory proficiency in the following: a test of broad general knowledge; a test of specific subject matter content or other professional knowledge appropriate to the applicant’s field of certification; computer skill competency; standards of ethical conduct; and coursework in the identification and education of children who have special educational needs; provided, however, that this paragraph shall not be construed to apply to alternative certification requirements as provided in Code Section 20-2-206.
   3. Requirements established for holders of valid, professional out-of-state certificates applying for their first Georgia certificate may include, but are not limited to the following: computer skill competency; coursework in the identification and education of children who have special educational needs; recency of study; and standards of ethical conduct. These requirements may be completed during the validity period of the first Georgia certificate. At the time of application for the first Georgia certificate, satisfactory proficiency in subject matter content appropriate to the applicant’s field of certification may be determined based on Professional Standards Commission approved tests or combinations of successful teaching experience and academic, technical, and professional preparation as outlined in rules of the Professional Standards Commission.
   4. Requirements for certification renewal shall be established to foster ongoing professional learning, enhance student achievement, and verify standards of ethical conduct; provided, however, that from July 1, 2010, through June 30, 2017, no professional learning requirements shall be required for certificate renewal for clear renewable certificates for certificated personnel or for certificate renewal for paraprofessionals. Such requirements may include, but are not limited to, professional learning related to school improvement plans or the applicant’s field of certification and background checks. Such requirements may also include participating in or presenting at in-service training programs on sexual abuse and assault awareness and prevention. Should the Professional Standards Commission include a requirement to demonstrate computer skill competency, the rules and regulations shall provide that a certificated educator may elect to meet the requirement by receiving satisfactory results on a test in basic computer skill competency. If a certificated educator elects to take such test pursuant to this paragraph, the local school system by which such educator is employed shall make available the opportunity to take the test on site at the school in which the educator is assigned. Each principal shall identify an administrator on site at each school to serve as a proctor for individuals taking the test pursuant to this paragraph. Individuals holding a valid Georgia life certificate or a valid National Board for Professional Teaching Standards certificate shall be deemed to have met state renewal requirements except those related to background checks.

      (4.1) Prior to July 1, 2017, the Professional Standards Commission shall revise its certification renewal rules established pursuant to paragraph (4) of this subsection, to require demonstration of the impact of professional learning on educator performance and student learning for purposes of certification renewal. Such revised rules shall be effective beginning July 1, 2017. As part of the revision process, the Professional Standards Commission shall establish a task force to determine the level of evidence necessary for educators to demonstrate the impact of professional learning and how such evidence will be collected and submitted for purposes of certificate renewal.

   5. Requirements designating approved in-field assignment standards appropriate to the applicant’s field of certification shall be established to ensure that educators are assigned to those areas for which they are properly prepared. These standards may be determined based on reviews of state approved curriculum courses, state approved preparation programs, and designated certificate fields.
   6. No later than July 1, 2019, the Professional Standards Commission shall extend in-field certification for agricultural education to include kindergarten through grade five.
   7. No later than January 1, 2023, the Professional Standards Commission shall establish appropriate requirements and procedures to ensure that educators meeting one or more of the following requirements shall be deemed appropriately licensed to teach financial literacy:
      1. Holds a renewable certificate at the secondary level in business, economics, mathematics, family and consumer science, or marketing;
      2. Holds a special education certificate with social science content designations; or
      3. Obtains a secondary level teaching endorsement in financial literacy, as designated by the Professional Standards Commission.
3. An individual who has received any combination of two unsatisfactory, ineffective, or needs development annual summative performance evaluations in the previous five-year period pursuant to Code Section 20-2-210 shall not be entitled to a renewable certificate prior to demonstrating that such performance deficiency has been satisfactorily addressed, but such individual may apply to the commission for a nonrenewable certificate, as defined by the commission. Each local school system and charter school shall report all unsatisfactory, ineffective, and needs development ratings of all performance evaluations as provided in Code Section 20-2-210 for certificated personnel in their employ in a manner, format, and frequency determined by the commission. The commission is authorized to release such data provided it cannot be personally identifiable to any currently or formerly certificated person.
4. No applicant who is under review by the commission shall be allowed to withdraw his or her application for a certificate, permit, or other certification document without the written consent of the commission. The commission shall retain its authority over those applicants to proceed with the denial of the certificate, permit, or other certification document upon any ground provided by law, or to enter an order denying the certificate, permit, or other certification document upon any ground provided by law. The suspension or expiration of any certificate, permit, or certification document, or its surrender without the written consent of the commission, shall not deprive the commission of its authority to do any of the following:
   1. Institute or continue a disciplinary proceeding against the holder of a certificate, permit, or other certification document upon any ground provided by law;
   2. Enter an order suspending or revoking the certificate, permit, or other certification document; or
   3. Issue an admonition to the holder of a certificate, permit, or other certification document.
5. 1. The Professional Standards Commission shall charge the following fees to persons who file applications with the commission under its regulations adopted pursuant to the authority of this Code section:
      1. For an applicant for initial certification who is not currently employed in Georgia public or private schools $ 20.00 (B) For an applicant for initial certification who is not a graduate of an accredited education program from a Georgia college or university 20.00 (C) For an applicant for a higher certificate when the applicant then holds a Georgia certificate but who is not currently employed in Georgia public or private schools 20.00 (D) For an applicant for a certificate which adds a field or which endorses a certificate but who is not currently employed in Georgia public or private schools 20.00 (E) For an applicant for a conditional certificate 20.00 (F) For an applicant for the renewal of any certificate if the applicant is not currently employed by a public or private school in Georgia 20.00 (G) For evaluating transcripts where certificates are not issued and for issuing duplicate copies of certificates 20.00 (H) For an applicant for a clearance certificate pursuant to who is not currently employed in Georgia public or private schools or who is not a graduate of an accredited education program from a Georgia college or university Code Section 20-2-211.1 20.00

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   2. The fees provided for in paragraph (1) of this subsection shall be paid by an applicant by cashier’s check, money order, credit card, debit card, or other method as approved by the Professional Standards Commission as a condition for filing the application.
   3. The fees provided for in this subsection shall be paid by the commission into the general funds of the state. The commission shall adopt regulations to carry out the provisions of this subsection.
6. As used in this part, unless the context indicates otherwise, the term “commission” means the Professional Standards Commission established under Part 10 of Article 17 of this chapter.

History. Code 1981, § 20-2-200 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 1735, § 1; Ga. L. 1989, p. 1806, § 1; Ga. L. 1990, p. 1312, § 1; Ga. L. 1990, p. 1339, § 1; Ga. L. 1990, p. 1487, §§ 1, 2; Ga. L. 1991, p. 94, § 20; Ga. L. 1991, p. 1546, § 4; Ga. L. 1992, p. 2365, § 1; Ga. L. 1994, p. 801, § 1; Ga. L. 2000, p. 521, §§ 1, 2; Ga. L. 2000, p. 618, § 30; Ga. L. 2002, p. 397, § 1; Ga. L. 2003, p. 398, § 1; Ga. L. 2005, p. 60, § 20/HB 95; Ga. L. 2006, p. 534, § 1/HB 972; Ga. L. 2007, p. 259, § 3/SB 72; Ga. L. 2010, p. 237, §§ 1, 1D/HB 1079; Ga. L. 2010, p. 258, § 1/HB 1307; Ga. L. 2011, p. 511, § 1/HB 285; Ga. L. 2013, p. 1091, § 1/HB 244; Ga. L. 2015, p. 5, § 20/HB 90; Ga. L. 2015, p. 843, § 1/HB 164; Ga. L. 2015, p. 1376, § 18/HB 502; Ga. L. 2018, p. 115, § 3/SB 330; Ga. L. 2018, p. 747, § 2B/SB 401; Ga. L. 2019, p. 1056, § 20/SB 52; Ga. L. 2022, p. 136, § 1-3/HB 1084; Ga. L. 2022, p. 158, § 1-2/SB 220.

The 2015 amendments. —

The first 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, substituted “coursework” for “course work” in paragraphs (b)(2) and (b)(3). The second 2015 amendment, effective July 1, 2015, substituted “June 30, 2017” for “July 1, 2015” in the middle of the first sentence of paragraph (b)(4); and substituted “July 1, 2017” for “July 1, 2015” in the first and second sentences of paragraph (b)(4.1). The third 2015 amendment, effective July 1, 2015, added “, including personnel who provide virtual instruction to public schools of this state, whether such personnel are located within or outside of this state or whether such personnel are employed by a local unit of administration” to the end of the first sentence in subsection (a).

The 2018 amendments. —

The first 2018 amendment, effective April 27, 2018, added paragraph (b)(6). The second 2018 amendment, effective July 1, 2018, added the third sentence of paragraph (b)(4).

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, substituted “means” for “as defined as” in the last sentence of subsection (a).

The 2022 amendments.

The first 2022 amendment, effective July 1, 2022, added the second sentence in subsection (a) and added the proviso at the end of paragraph (b)(1). The second 2022 amendment, effective April 28, 2022, added paragraph (b)(7).

Code Commission notes.

Ga. L. 1991, p. 1546, § 4, added a new subsection (e). Pursuant to Code Section 28-9-5, the new subsection was redesignated as subsection (f).

Pursuant to Code Section 28-9-5, in 2002, a comma was added after “revoking a certificate” in the fourth sentence of subsection (a).

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

Ga. L. 2013, p. 1091, § 6/HB 244, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2014, and shall be applicable beginning in school year 2014-2015.”

Ga. L. 2018, p. 115, § 1/SB 330, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Georgia Agricultural Education Act.’”

Ga. L. 2022, p. 136, § 1-1/HB 1084, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Protect Students First Act.’”

Law reviews.

For comment, “Teacher Competency Testing: ‘Decertification’ and the Federal Constitution and Title VII,” see 37 Emory L.J. 1077 (1988).

20-2-200.1. Exemption from testing for transferring out-of-state teachers.

The commission shall not require a teacher from another state desiring to transfer to this state to take a test of specific subject matter or a test of broad general knowledge to obtain a renewable certificate if such teacher:

1. Holds a valid, professional state educator’s certificate or license from a state that is a party to the National Association of State Directors of Teacher Education and Certification Interstate Contract; and
2. Has a minimum of five years of satisfactory appraisals or ratings on any annual performance evaluations.

History. Code 1981, § 20-2-200.1 , enacted by Ga. L. 2003, p. 398, § 1.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2003, the provisions currently appearing as Code Section 20-2-200.1 were redesignated from Code Section 20-2-200 as directed by the instructional language of Ga. L. 2003, p. 398, § 1.

20-2-200.2. Qualification for certain certificates for military spouses.

1. This Code section shall be known and may be cited as the “Tracy Rainey Act.”
2. As used in this Code section, the term:
   1. “Certificate” means a credential issued by the Professional Standards Commission certifying the qualifications and classification of an individual and to authorize such individual for employment in the public schools of this state.
   2. “Military” means the United States armed forces, including the National Guard.
   3. “Military spouse” means a spouse of a service member or transitioning service member.
   4. “Service member” means an active or reserve member of the armed forces, including the National Guard.
3. No later than July 1, 2018, the Professional Standards Commission shall adopt and implement a process by which military spouses may qualify for temporary certificates, certificates by endorsement, or expedited certificates upon moving to Georgia with their service member or transitioning service member spouse.

History. Code 1981, § 20-2-200.2 , enacted by Ga. L. 2017, p. 431, § 1/HB 245; Ga. L. 2018, p. 665, § 1/HB 739.

The 2018 amendment, effective July 1, 2018, added subsection (a); and redesignated former subsections (a) and (b) as present subsections (b) and (c), respectively.

Cross references.

Military and veterans licensure, § 43-1-34 .

20-2-201. Specific course requirements; in-service or continuing education; online offerings.

1. Universities and colleges having teacher preparation programs for grades pre-kindergarten through 12 shall require students in such programs to be proficient in computer and other instructional technology applications and skills including understanding desktop computers, their applications, integration with teaching and curriculum, and their utilization for individualized instruction and classroom management. There shall be a test to assess the proficiency of students enrolled in teacher preparation programs in computer and other instructional technology applications and skills.
2. Each local unit of administration shall be required to provide all professional personnel certificated by the Professional Standards Commission 12 clock hours of in-service or continuing education in each calendar year, or meet requirements of the Southern Association of Colleges and Schools. Such in-service programs shall be developed by the local unit of administration in conjunction with such agencies as regional educational service agencies, colleges and universities, and other appropriate organizations. These programs shall be designed to address identified needs determined by appropriate personnel evaluation instruments. These programs shall also focus on improving the skills of certificated personnel that directly relate to improving student achievement, as reflected in the revised certification renewal rules established by the Professional Standards Commission pursuant to paragraph (4.1) of subsection (b) of Code Section 20-2-200 regarding the impact of professional learning on student achievement. These programs shall also include in-service training programs on sexual abuse and assault awareness and prevention for professional personnel who will be providing instruction in annual age-appropriate sexual abuse and assault awareness and prevention education in kindergarten through grade nine pursuant to subsection (b) of Code Section 20-2-143. Records of attendance shall be maintained by local units of administration and shall be monitored by appropriate Department of Education staff.
3. As used in this subsection, the term “online” means by electronic network or Internet. Each regional education service agency or college or university that offers in-service or continuing education for professional personnel for certification or recertification shall offer some in-service or continuing education online through the Internet or offer access to equivalent in-service or continuing education online so that a teacher or other professional employee can take the training at a location other than the location where the in-service or continuing education is conducted in person. For purposes of certification or recertification, the Professional Standards Commission shall treat in-service or continuing education conducted online as if such in-service or continuing education had been conducted in person. Local units of administration may permit professional personnel to use computers and other electronic equipment available at schools for in-service or continuing education at times before and after normal school hours when other professional duties are not scheduled for the individual.

History. Code 1981, § 20-2-201 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1991, p. 1546, § 4; Ga. L. 1992, p. 2365, § 2; Ga. L. 2000, p. 618, § 31; Ga. L. 2003, p. 398, § 2; Ga. L. 2004, p. 946, § 1; Ga. L. 2005, p. 60, § 20/HB 95; Ga. L. 2012, p. 355, § 4/SB 404; Ga. L. 2018, p. 747, § 2C/SB 401; Ga. L. 2019, p. 1056, § 20/SB 52.

The 2018 amendment, effective July 1, 2018, added the fifth sentence of subsection (b).

The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, in subsection (b), substituted “professional personnel who” for “professional personnel that” in the fifth sentence; and, in subsection (c), substituted “online” for “on line” in four places and inserted “the term” near the beginning of the first sentence.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-201.1. [Repealed] Professional Learning Rules Task Force; composition; recommendation of professional learning rules.

History. Ga. L. 2012, p. 1037, § 1/SB 184; repealed by Ga. L. 2012, p. 1037, § 1/SB 184, effective July 1, 2015.

20-2-202. Life certificates.

All teachers and other professional personnel who hold life certificates shall be entitled to carry forward that lifetime status if they become qualified by reason of additional training for a next higher level of certification in the same field. However, holders of life certificates shall be subject to the tests and assessments regarding certification pursuant to subsection (b) of Code Section 20-2-200 when such tests or assessments are required to qualify for other provisions as set forth in this article or by Professional Standards Commission policy or regulation.

History. Code 1981, § 20-2-202 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1991, p. 1546, § 4.

20-2-203. Validity period for renewable certificates.

All renewable certificates granted by the Professional Standards Commission shall have a validity period of five years.

History. Code 1981, § 20-2-203 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1991, p. 1546, § 4.

20-2-204. Paraprofessional and permitted personnel; classification of all certified or permitted personnel.

1. As used in this Code section, the term:
   1. “Paraprofessional” is defined as a person who may have less than professional-level certification, who relates in role and function to a professional and does a portion of the professional’s job or tasks under the supervision of the professional, and whose decision-making authority is limited and regulated by the professional. Such a paraprofessional shall possess the minimum of a high school diploma or a state approved high school equivalency (HSE) diploma. If assigned to positions governed by federal regulations, the paraprofessional must meet specified federal hiring requirements.
   2. “Permitted personnel” is defined as persons who may not qualify for professional certificates, including retired teachers, but who function in the educational programs in the same manner as certificated personnel. Such personnel qualify for their positions on the basis of experience rather than formal education.
2. The Professional Standards Commission shall provide for the classification of all certified and permitted personnel employed in the public schools of this state, and no such personnel shall be employed in the public schools of this state unless they meet such minimum criteria as developed by the commission; provided, however, that such classifications shall be based only upon academic, technical, and professional training and experience of such personnel. The commission is authorized to provide for revoking or denying a certificate or permit for good cause after an investigation is conducted and notice and hearing is provided the certificate or permit holder.

History. Code 1981, § 20-2-204 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1991, p. 1546, § 4; Ga. L. 2001, p. 4, § 20; Ga. L. 2003, p. 398, § 3; Ga. L. 2022, p. 168, § 2(3)/SB 397.

The 2022 amendment, effective July 1, 2022, substituted “state approved high school equivalency (HSE)” for “general educational development (GED)” in the second sentence of paragraph (a)(1).

20-2-205. Georgia Master Teacher Program.

1. The General Assembly finds that excellent public school teachers deserve recognition for the extraordinary learning opportunity they provide to Georgia students.
2. The Professional Standards Commission is authorized and directed to establish the “Georgia Master Teacher Program” to provide recognition to certificated public school teachers who exhibit excellence in the classroom.
3. The Professional Standards Commission shall establish criteria for a Master Teacher Certification. Such criteria shall include, at a minimum, evidence of student achievement, which must include student progress. A public school teacher with three or more years of teaching experience in Georgia may submit an application to the Professional Standards Commission for a Master Teacher Certification. The Professional Standards Commission shall review each application and determine whether a teacher meets the criteria for a Master Teacher Certification. If the Professional Standards Commission finds that a teacher’s application meets the criteria, the teacher will be given a Master Teacher Certification, and that teacher will be known as and may be called a Master Teacher for a term to be determined pursuant to rules and regulations of the Professional Standards Commission, but in no event longer than seven years. The Professional Standards Commission is authorized to develop rules and regulations governing the Master Teacher Certification.

History. Code 1981, § 20-2-205 , enacted by Ga. L. 2005, p. 717, § 1/SB 34; Ga. L. 2009, p. 4, § 1A/HB 455.

Law reviews.

For article on 2005 enactment of this Code section, see 22 Ga. St. U.L. Rev. 83 (2005).

20-2-206. Alternative teacher certification program; creditable service.

1. For purposes of this Code section, the term “core academic subject” means English, reading or language arts, mathematics, science, foreign languages, civics and government, economics, arts, history, or geography.
2. 1. Each local school system may provide an alternative teacher certification program upon approval by the Professional Standards Commission for a secondary school teacher candidate to teach a course or courses in a core academic subject who:
      1. Possesses a master’s degree, doctoral degree, or Juris Doctor in each academic subject in which the candidate will teach;
      2. Receives high-quality professional development that is sustained, intensive, and classroom focused in order to have a positive and lasting impact on classroom instruction, before and while teaching;
      3. Participates in a program of intensive supervision that consists of structured guidance and regular ongoing support for teachers or a teacher mentoring program;
      4. Assumes functions as a teacher only for a specified period of time not to exceed three years; and
      5. Demonstrates satisfactory progress toward full certification as prescribed by the Professional Standards Commission.
   2. The Professional Standards Commission shall apply the least restrictive standards when approving a school system developed program under this subsection.
   3. Any teacher certified pursuant to this subsection shall be considered a highly qualified teacher for purposes of the federal No Child Left Behind Act (P.L. 107-110).
3. Each local school system may provide an alternative teacher certification program upon approval by the Professional Standards Commission for a secondary school teacher candidate to teach a course or courses in a subject that is not a core academic subject who:
   1. Possesses a master’s degree, doctoral degree, or Juris Doctor in each academic subject in which the candidate will teach; and
   2. Demonstrates satisfactory progress toward full certification as prescribed by the Professional Standards Commission.
4. 1. Pursuant to this subsection, each local school system shall support nontraditional teacher certification programs approved by the Professional Standards Commission for a teacher candidate who:
      1. Is a veteran of the United States armed forces who was honorably discharged as evidenced by United States Department of Defense Form 214 or National Guard Bureau Form 22 or who is currently serving as a member of the United States armed forces in an active duty or reserve component;
      2. Holds a bachelor’s degree or higher, with a grade point average equal to or above a minimum established by the Professional Standards Commission, from a postsecondary educational institution approved by the Professional Standards Commission and accredited by a regional accrediting agency recognized by the United States Department of Education; provided, however, that the degree requirement shall not apply if the candidate seeks to teach in a specific career, technical, and agricultural education field for which the Professional Standards Commission does not require a degree; and
      3. Attains a passing score on the Georgia educator ethics assessment portion of the Georgia Assessments for Certification of Educators (GACE).
   2. Upon an offer of employment by a local school system, the individual who meets the requirements provided for in paragraph (1) of this subsection shall be eligible for a three-year military support provisional certificate to be issued in one-year increments by the Professional Standards Commission following a joint application by the employing school system and the individual. During this three-year period, the individual shall:
      1. Receive high-quality professional development that is sustained, intensive, and classroom focused in order to have a positive and lasting impact on classroom instruction, before and while teaching;
      2. During the first year, enroll in a nontraditional educator preparation program approved by the Professional Standards Commission that includes intensive supervision with structured guidance and regular ongoing support. Individuals enrolling in such nontraditional educator preparation program approved by the Professional Standards Commission shall receive priority enrollment;
      3. During the first year, attain a passing score on the content assessment portion of the Georgia Assessments for Certification of Educators or other assessment approved by the Professional Standards Commission;
      4. During the second year, attain a passing score on the program admission assessment portion of the Georgia Assessments for Certification of Educators or meets the exemption criteria for such assessment established by the Professional Standards Commission;
      5. Assume functions as a teacher while completing a nontraditional educator preparation program for a period of time not to exceed three years;
      6. Demonstrate satisfactory progress toward full certification as prescribed by the Professional Standards Commission; and
      7. Successfully complete a nontraditional educator preparation program, after which the individual shall be eligible for an induction or professional certificate to be issued by the Professional Standards Commission.
5. A local school system shall not discriminate or treat differently in any manner a teacher possessing initial certification pursuant to this Code section, an applicant seeking initial certification pursuant to this Code section, or an individual meeting the requirement contained in subparagraph (b)(1)(A), paragraph (1) of subsection (c), or paragraph (1) of subsection (d) of this Code section and eligible for initial certification pursuant to this Code section, including, but not limited to, refusal to admit such teacher to a job fair or other teacher recruitment activity.
6. A teacher receiving initial certification pursuant to this Code section shall be treated in the same manner as certificated professional personnel for purposes of this chapter or any local board of education policy, including receiving salaries pursuant to the minimum salary schedule provided for in Code Section 20-2-212. A maximum of three years of creditable service shall be allowed for the previous military service of individuals who obtain a three-year military support provisional certificate pursuant to subsection (d) of this Code section.

History. Code 1981, § 20-2-206 , enacted by Ga. L. 2007, p. 259, § 4/SB 72; Ga. L. 2021, p. 261, § 2/SB 88.

The 2021 amendment, effective July 1, 2021, substituted the present provisions of subsection (d) for the former provisions, which read: “A teacher receiving initial certification pursuant to this Code section shall be treated in the same manner as certificated professional personnel for purposes of this chapter or any local board of education policy, including receiving salaries pursuant to the minimum salary schedule provided for in Code Section 20-2-212.”; substituted “subparagraph (b)(1)(A), paragraph (1) of subsection (c), or paragraph (1) of subsection (d)” for “subparagraph (b)(1)(A) or paragraph (1) of subsection (c)” in the middle of subsection (e); and added subsection (f).

20-2-207. Online course on educator ethics.

The Georgia Department of Education and the Professional Standards Commission shall cooperatively develop an online course on educator ethics. Such course shall include information on the code of ethics for educators established by the Professional Standards Commission pursuant to Code Section 20-2-984.1. One area of emphasis in the course shall be best practices for administering state-mandated assessments.

History. Code 1981, § 20-2-207 , enacted by Ga. L. 2011, p. 511, § 2/HB 285.

20-2-208. Dyslexia endorsement for teachers; requirements; assessments.

1. No later than December 30, 2019, the Professional Standards Commission shall create a dyslexia endorsement for teachers trained in appropriately recognizing and responding to students with characteristics of dyslexia and language disorders, such as difficulty with expressive or receptive language.
2. The requirements to receive such dyslexia endorsement may include training on the use of universal screening measures to identify those at risk for dyslexia, providing guidance to parents, and providing training or guidance to other teachers and school personnel.
3. The Professional Standards Commission shall establish measures to assess the fidelity of teacher training and implementation for teachers who receive the dyslexia endorsement.

History. Code 1981, § 20-2-208 , enacted by Ga. L. 2019, p. 324, § 2/SB 48.

20-2-208.1. Inclusion of identification of and interventions for dyslexia and other disorders in standards for teacher preparation programs for elementary and secondary education instruction.

The Professional Standards Commission shall include in its standards for teacher preparation programs for elementary and secondary education instruction on:

1. The definition and characteristics of dyslexia and other disorders;
2. Evidence based interventions and accommodations for students with characteristics of dyslexia and other disorders; and
3. Core elements of a response-to-intervention framework addressing reading, writing, mathematics, and behavior, including:
   1. Universal screening;
   2. Scientific, research based interventions;
   3. Progress monitoring of the effectiveness of interventions on student performance;
   4. Data based decision-making procedures related to:
      1. Determining intervention effectiveness on student performance; and
      2. Determining the need to continue, alter, or discontinue interventions or conduct further evaluation of student needs; and
   5. Application and implementation of response-to-intervention and dyslexia instructional practices in the classroom setting.

History. Code 1981, § 20-2-208.1 , enacted by Ga. L. 2019, p. 324, § 3/SB 48.

20-2-209. Financial literacy endorsement for educators.

1. No later than December 30, 2023, the Professional Standards Commission shall create a financial literacy endorsement for teachers trained in the content standards for financial literacy adopted by the State Board of Education pursuant to Code Section 20-2-149.4.
2. The Professional Standards Commission shall establish measures to assess the fidelity of teacher training and implementation for teachers who receive the financial literacy endorsement.

History. Code 1981, § 20-2-209 , enacted by Ga. L. 2022, p. 158, § 1-3/SB 220.

Effective date.

This Code section became effective April 28, 2022.

20-2-210. Annual performance evaluation; on-time graduation rate.

1. All personnel employed by local units of administration, including school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential as provided pursuant to subsection (e) of this Code section. In the case of local school superintendents, such evaluations shall be performed by the local board of education. The state board may provide a model annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. Unless otherwise provided by law, local units of administration are authorized to use the models developed by the State Board of Education.
2. 1. No later than the 2014-2015 school year, each local school system and all charter schools shall implement an evaluation system as adopted and defined by the State Board of Education for elementary and secondary school teachers of record, assistant principals, and principals. The evaluation system shall be developed by the department in consultation with stakeholders, such as teachers and principals. The evaluation system shall use multiple measures as specified in this subsection. For purposes of the evaluation system established pursuant to this subsection, the state board shall define and designate teachers of record, assistant principals, and principals; provided, however, that growth in student achievement shall not include the test scores of any student who has not been in attendance for a specific course for at least 90 percent of the instructional days for such course.
   2. As used in this subsection, the term “on-time graduation rate” means the graduation rate of the four-year cohort of students that attend a school continuously from October 1 of the calendar year four years prior to the calendar year of the regular date of graduation of that cohort and graduate on or before that regular date of graduation. This graduation rate shall be calculated in addition to, and not as a substitute for, any other graduation rate provided for by federal, state, or local law or regulation.
   3. Teachers of record, assistant principals, and principals shall be evaluated using multiple, rigorous, and transparent measures. Teachers of record, assistant principals, and principals shall be given written notice in advance of the school year of the evaluation measures and any specific indicators that will be used to evaluate them. Beginning with the 2016-2017 school year, evaluation measures shall include the following elements:
      1. For teachers of record who teach courses that are subject to annual state assessments aligned with state standards, the evaluation shall be composed of the following:
         1. Student growth, based on student scores on the annual state assessment, shall count for 30 percent of the evaluation;
         2. Professional growth shall count for 20 percent of the evaluation. Professional growth shall be measured by progress toward or attainment of professional growth goals within an academic school year or across academic school years. Professional growth goals may include measurements based on multiple student growth indicators, evaluations and observations, standards of practice, and any additional professional growth measures allowed by the local school system’s or charter school’s flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract; and
         3. Teacher evaluations and observations conducted pursuant to paragraph (5) of this subsection shall count for 50 percent of the evaluation.
      2. For teachers of record who teach courses that are not subject to annual state assessments aligned with state standards, the evaluation shall be composed of the following:
         1. Student growth shall count for 30 percent of the evaluation. Student growth shall include at least one student growth measure and may utilize other student growth indicators, including the school or local school system total score on the annual state assessments, as allowed by the local school system’s or charter school’s flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract for at least one classroom for each teacher of record who teaches courses that are not subject to annual state assessments aligned with state standards. This provision shall not be construed to require the measurement of student growth for every student taking courses that are not subject to annual state assessments aligned with state standards;
         2. Professional growth shall count for 20 percent of the evaluation. Professional growth shall be measured by progress toward or attainment of professional growth goals within an academic school year or across academic school years. Professional growth goals may include measurements based on multiple student growth indicators, evaluations and observations, standards of practice, and any additional professional growth measures allowed by the local school system’s or charter school’s flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract; and
         3. Teacher evaluations and observations conducted pursuant to paragraph (5) of this subsection shall count for 50 percent of the evaluation.
      3. For principals and assistant principals, the evaluation shall be composed of the following:
         1. Student growth, based on the school score on annual state assessments, shall count for 40 percent of the evaluation;
         2. School climate shall count for 10 percent of the evaluation;
         3. A combination of achievement gap closure, Beat the Odds, and College and Career Readiness Performance Index data, as allowed by the flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract, shall count for 20 percent of the evaluation; and
         4. The results of evaluations, observations, and standards of practice shall count for 30 percent of the evaluation.
   4. The evaluation system adopted by the State Board of Education shall give every teacher of record, assistant principal, and principal one of four rating levels that are designated as “Exemplary,” “Proficient,” “Needs Development,” or “Ineffective,” as further defined by the State Board of Education. A rating of “Ineffective” shall constitute evidence of incompetency as provided by paragraph (1) of subsection (a) of Code Section 20-2-940. Each teacher of record, assistant principal, and principal shall be evaluated on his or her own individual merits and neither the State Board of Education, a local school system, nor a charter school shall impose or require any quota system or predetermined distribution of ratings for teachers of record, assistant principals, or principals.
   5. All teachers of record, assistant principals, and principals shall have a pre-evaluation conference, midyear evaluation conference, and a summative evaluation conference, in accordance with state board rules. All teachers of record, assistant principals, and principals shall be notified of and have access to the results of the annual summative performance evaluation and any formative observations conducted throughout the school year pursuant to this subsection within ten working days of such evaluation or observations. A teacher of record, assistant principal, or principal, or an evaluator of any such individuals, may request a conference within ten working days of notice of results of a formative observation and such conference shall be provided within ten working days of the request. Conferences shall include the individual being evaluated, his or her supervisor, and the evaluator, unless otherwise agreed upon. For teachers of record, the annual evaluation shall include multiple classroom observations conducted each year by appropriately trained and credentialed evaluators, using clear, consistent observation rubrics, and supplemented by other measures aligned with student achievement and professional growth. A local school system or charter school may include in its flexibility contract, or other agreement with the State Board of Education for local school systems that are not under a flexibility contract, a provision for a tiered evaluation system, in which reduced observations of certain teachers of record may be conducted. For the evaluation of teachers of record with a minimum of three years’ teaching experience and a performance rating of “Proficient” or “Exemplary” pursuant to paragraph (4) of this subsection in the previous school year, the local school system or charter school, in its discretion, shall require no less than two classroom observations and one summative evaluation for the school year. Each local school system participating in a tiered evaluation system shall apply the resources saved due to the reduced number of evaluations for evaluators to coach and mentor teachers with three years or less of experience and teachers with a performance rating of “Needs Development” or “Ineffective” pursuant to paragraph (4) of this subsection on a pathway of continuous improvement. Coaching and mentoring support for such teachers may include professional growth plans and remediation plans in evaluation systems if such elements are already required in the evaluation system used to rate the teacher’s performance.
   6. In order to ensure proper implementation of the evaluation system developed pursuant to this Code section, the Department of Education shall:
      1. Establish processes and requirements to determine the teacher of record for purposes of assigning student achievement scores to a teacher in evaluating the teacher’s performance;
      2. Establish processes for roster verification and student teacher linkages in order to assign the student’s achievement scores to the teacher for the purposes of evaluating the teacher’s performance;
      3. Establish minimum training and credentialing requirements for evaluators of teachers and principals; and
      4. Provide data systems to support the professional growth of teachers and leaders and facilitate human capital management.
   7. As used in this subsection, the term “flexibility contract” means a charter for a charter system or a charter school or a contract entered into with the State Board of Education for a strategic waivers school system.
3. 1. Except as otherwise provided in Code Section 20-2-948, local school systems shall base decisions regarding retention, promotion, compensation, dismissals, and other staffing decisions, including transfers, placements, and preferences in the event of reductions in force, primarily on the results of the evaluations developed as required by this subsection. Such evaluation results shall also be used to provide high-quality, job embedded, and ongoing mentoring, support, and professional development for teachers, assistant principals, and principals, as appropriate, aligned to the teacher’s, assistant principal’s, or principal’s needs as identified in his or her evaluation.
   2. A teacher or other certificated professional personnel’s salary increase or bonus that is based in whole or in part on an evaluation which included student assessment results, standardized test scores, or standardized test answers that were falsified by such teacher or professional or known or caused by such teacher or professional to have been falsified shall be automatically forfeited. A teacher or other certificated professional personnel shall forfeit his or her right or interest in such salary increase or bonus and shall be liable for the repayment of any and all amounts previously paid to him or her based, in whole or in part, on the results of falsified student assessment results, falsified standardized test scores, or falsified standardized test answers.
4. The superintendent of each local school system shall identify an appropriately trained evaluator for each person employed by the local unit of administration for the purposes of completing an annual evaluation as required by this Code section. The superintendent of each local school system shall be responsible for ensuring compliance with this Code section.
5. 1. All records, including surveys and evaluation instruments, associated with individual performance evaluations conducted pursuant to this Code section shall be confidential and not subject to public disclosure. Each local school system and charter school shall report performance data to the Georgia Department of Education in a format approved by the State Board of Education. The department is authorized to release performance data, except to the extent it is personally identifiable to any public school employee.
   2. Any current or former public school employee may execute a release authorizing the release of his or her individual performance data to a third party.
   3. The department may by agreement share individual data with the Office of Student Achievement for the purposes of improving postsecondary educator preparation so long as the office agrees that it will not disclose personally identifiable information about any public school employee.
6. The State Board of Education is authorized to promulgate rules and regulations to carry out the provisions of this Code section.

History. Code 1981, § 20-2-210 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 612, § 9; Ga. L. 1991, p. 1546, § 4; Ga. L. 1995, p. 1072, § 1; Ga. L. 1999, p. 438, § 3; Ga. L. 2000, p. 618, § 32; Ga. L. 2012, p. 111, § 1/HB 692; Ga. L. 2012, p. 358, § 9/HB 706; Ga. L. 2013, p. 1091, § 2/HB 244; Ga. L. 2016, p. 620, § 1/SB 364; Ga. L. 2020, p. 487, § 1/SB 431; Ga. L. 2021, p. 261, § 3/SB 88.

The 2016 amendment, effective July 1, 2016, rewrote subsection (b).

The 2020 amendment, effective January 1, 2021, substituted the present provisions of paragraph (b)(2) for the former provisions, which read: “Reserved.”

The 2021 amendment, effective July 1, 2021, in paragraph (b)(5), deleted “to provide additional time for evaluators to coach and mentor new teachers and teachers with a performance rating of ‘Needs Development’ or ‘Ineffective’ pursuant to paragraph (4) of this subsection on a pathway of continuous improvement” at the end of the sixth sentence, and added the last two sentences.

Editor’s notes.

Ga. L. 1999, p. 438, § 1, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Improved Student Learning Environment and Discipline Act of 1999.’”

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

Ga. L. 2013, p. 1091, § 6/HB 244, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2014, and shall be applicable beginning in school year 2014-2015.”

For application of this statute in 2020, see Executive Order 03.27.20.02.

A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.

Law reviews.

For note on 1999 amendment to this Code section, see 16 Ga. St. U.L. Rev. 116 (1999).

20-2-211. Annual contract; disqualifying acts; job descriptions.

1. All teachers, principals, other certificated professional personnel, and other personnel of a local unit of administration shall be employed and assigned by its governing board on the recommendation of its executive officer. Minimum qualifications for employment of all personnel may be prescribed by the State Board of Education unless otherwise provided by law. Employment contracts of teachers, principals, and other certificated professional personnel shall be in writing, and such contracts shall be signed in duplicate by such personnel on their own behalf and by the executive officer of the local unit of administration on behalf of its governing board.
2. Any other provisions of this article or any other laws to the contrary notwithstanding, each local governing board shall, by not later than May 15 of the current school year, tender a new contract for the ensuing school year to each teacher and other professional employee certificated by the Professional Standards Commission on the payroll of the local unit of administration at the beginning of the current school year, except those who have resigned or who have been terminated as provided in Part 7 of Article 17 of this chapter, or shall notify in writing each such teacher or other certificated professional employee of the intention of not renewing his or her contract for the ensuing school year. Such contracts when tendered to each teacher or other professional employee shall be complete in all terms and conditions of the contract, including the amount of compensation to be paid to such teacher or other professional employee during the ensuing school year, and shall not contain blanks or leave any terms and conditions of the contract open. A letter of intent or similar document shall not constitute a contract and shall not be construed to require or otherwise legally bind the teacher or other professional employee to return to such school system. Upon request, a written explanation for failure to renew such contract shall be made available to such certificated personnel by the executive officer. When such notice of intended termination has not been given by May 15, the employment of such teacher or other certificated professional employee shall be continued for the ensuing school year unless the teacher or certificated professional employee elects not to accept such employment by notifying the local governing board or executive officer in writing not later than June 1.
3. Any other provisions of this article or any other laws to the contrary notwithstanding, no local governing board shall employ any person as a teacher who has been discharged from the armed forces of the United States with a dishonorable discharge as a result of desertion or any person who has fled or removed himself from the United States for the purpose of avoiding or evading military service in the armed forces of the United States, excluding those who have been fully pardoned.
4. Each local school system shall have a job description for each certificated professional personnel classification, shall have policies and procedures relative to the recruitment and selection of such personnel, and shall adhere to such recruitment and selection policies and procedures. Such policies and procedures shall assure nondiscrimination on the basis of sex, race, religion, or national origin. Such policies and procedures shall also include the announcement in writing of the availability of all certificated positions within the local school system and the submission of such available positions to a state-wide online job data base maintained by the state.

History. Code 1981, § 20-2-211 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1991, p. 1546, § 4; Ga. L. 1994, p. 1936, § 1; Ga. L. 1995, p. 1072, § 2; Ga. L. 1997, p. 1390, § 1; Ga. L. 2000, p. 618, §§ 33, 34; Ga. L. 2003, p. 499, § 1; Ga. L. 2009, p. 4, § 1/HB 455; Ga. L. 2010, p. 2, § 1/HB 906; Ga. L. 2010, p. 237, § 1A/HB 1079; Ga. L. 2011, p. 647, § 6/HB 192; Ga. L. 2013, p. 1061, § 15/HB 283; Ga. L. 2013, p. 1091, § 3/HB 244.

Cross references.

Procedure for nonrenewal of contracts, § 20-2-942 .

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

Former subsection (e) was repealed on its own terms effective January 1, 2011.

Ga. L. 2013, p. 1091, § 6/HB 244, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2014, and shall be applicable beginning in school year 2014-2015.”

Law reviews.

For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 184 (1994).

20-2-211.1. Clearance certificates issued by the Professional Standards Commission relating to fingerprint and criminal background checks.

1. As used in this Code section, the term:
   1. “Clearance certificate” means a certificate issued by the Professional Standards Commission that verifies that an educator has completed fingerprint and criminal background check requirements as specified in this Code section and that the individual does not have a certificate that is currently revoked or suspended in Georgia or any other state; provided, however, that additional fingerprinting shall not be required for renewal of a clearance certificate or for educators who possess a professional educator certificate as of January 1, 2011. A clearance certificate shall be a renewable certificate valid for five years. Clearance certificates shall be subject to fees in accordance with subsection (e) of Code Section 20-2-200.
   2. “Educator” means a teacher, school or school system administrator, or other education personnel who would, if not exempted pursuant to a charter under Article 31 or 31A of this chapter or an increased flexibility contract under Article 4 of this chapter, be required to hold a professional educator certificate, license, or permit issued by the Professional Standards Commission and persons who have applied for but have not yet received such a certificate, license, or permit.
   3. “Local unit of administration” shall have the same meaning as in Code Section 20-2-242 and shall also include state chartered special schools and state charter schools.
   4. “Professional educator certificate” means a certificate, license, or permit issued by the Professional Standards Commission that is based upon academic, technical, and professional training, experience, and competency of such personnel as provided for under Code Section 20-2-200.
2. 1. On and after January 1, 2011, all educators employed by a local unit of administration shall hold a valid clearance certificate; provided, however, that an educator who possesses a professional educator certificate as of January 1, 2011, shall not be required to obtain a clearance certificate until his or her professional educator certificate is up for renewal. A local unit of administration may employ an educator who does not already hold a valid clearance certificate, provided the individual has applied for a clearance certificate, for a maximum of 20 days in order to allow for the receipt of the results of the criminal record check and issuance of the clearance certificate. The requirements of this Code section shall be in addition to professional educator certificate requirements unless such educator is employed by a school which is exempt from teacher certification requirements pursuant to a charter under Article 31 or 31A of this chapter or an increased flexibility contract under Article 4 of this chapter.
   2. Any other Code sections to the contrary notwithstanding, educators holding a valid clearance certificate shall be subject to the code of ethics for educators as established pursuant to Code Section 20-2-984.1 and shall be subject to Code Sections 20-2-984, 20-2-984.2, 20-2-984.3, 20-2-984.4, and 20-2-984.5.
3. A local unit of administration shall ensure that all personnel employed by such local unit of administration after January 1, 2011, shall be fingerprinted and have a criminal record check performed. The local unit of administration shall have the authority to employ such person for a maximum of 20 days in order to allow for the receipt of the results of the criminal record check. The local unit of administration shall adopt policies to provide for the subsequent criminal record checks of personnel continued in employment in the local unit of administration.
4. 1. Local units of administration shall have the authority and responsibility to order criminal record checks pursuant to this Code section through the Georgia Crime Information Center and the Federal Bureau of Investigation and shall have the authority to receive the results of such criminal record checks. Local units of administration shall also have the authority to forward the results of criminal record checks to the Professional Standards Commission as necessary regarding potential violations of the code of ethics for educators. The Professional Standards Commission shall also have the authority to order criminal record checks pursuant to this Code section through the Georgia Crime Information Center and the Federal Bureau of Investigation and shall have the authority to receive the results of such criminal record checks.
   2. Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the Georgia Crime Information Center and the Federal Bureau of Investigation. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this Code section.
5. At the discretion of local units of administration, fees required for a criminal record check by the Georgia Crime Information Center or the Federal Bureau of Investigation shall be paid by the local unit of administration or by the individual seeking employment or making application to the Professional Standards Commission.
6. The Professional Standards Commission is authorized to adopt rules and regulations necessary to carry out the provisions of this Code section.

History. Code 1981, § 20-2-211.1 , enacted by Ga. L. 2010, p. 237, § 1B/HB 1079; Ga. L. 2011, p. 511, § 3/HB 285; Ga. L. 2013, p. 1061, § 16/HB 283.

20-2-212. Salary schedules.

1. The State Board of Education shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis and which shall be paid by local units of administration to the various classifications of professional personnel required to be certificated by the Professional Standards Commission. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base of each classification based upon individual experience and length of satisfactory service; and shall include such other uniformly applicable factors as the state board may find relevant to the establishment of such a schedule. The minimum salary base for certificated professional personnel with bachelor’s degrees and no experience, when annualized from a ten-month basis to a 12 month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia holding bachelor’s degrees and entering positions, excluding professional educator teaching positions, in Georgia having educational entry requirements comparable to the requirements for entry into Georgia public school teaching. The placement of teachers on the salary schedule shall be based on certificate level and years of creditable experience, except that a teacher shall not receive credit for any year of experience in which the teacher received an unsatisfactory or ineffective annual summative performance evaluation or for the second year in which a teacher receives two consecutive annual summative needs development ratings pursuant to Code Section 20-2-210. The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A local unit of administration shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries, except as required by this Code section; nor shall a local unit of administration pay to any part-time certificated professional employee less than a pro rata portion of the respective salary prescribed by the schedule of minimum salaries, except as required by this Code section. For purposes of this subsection, an educator’s placement on the salary schedule shall not be based on a leadership degree, which shall mean a degree earned in conjunction with completion of an educator leadership preparation program approved by the Professional Standards Commission, unless the educator is employed in a leadership position as defined by the State Board of Education, but shall be placed on the salary schedule position attributable to the educator but for the leadership degree; provided, however, that this shall not apply, regardless of whether or not he or she is in a leadership position, to:
   1. An educator who possessed a leadership degree prior to July 1, 2010; or
   2. An educator who possessed:
      1. A master’s level leadership degree prior to July 1, 2012;
      2. An education specialist level leadership degree prior to July 1, 2013; or
      3. A doctoral level leadership degree prior to July 1, 2014,

         so long as he or she was enrolled in such leadership preparation program on or before April 1, 2009.

2. Local units of administration may supplement the salaries of personnel subject to the schedule of minimum salaries under subsection (a) of this Code section and, in fixing the amount of those supplements, may take into consideration the nature of duties to be performed, the responsibility of the position held, the subject matter or grades to be taught, and the experience and performance of the particular employee whose salary is being supplemented. In any fiscal year in which such personnel receive an increase under the minimum salary schedule, a local unit of administration shall not decrease any local salary supplement for such personnel below the local supplement amount received in the immediately preceding fiscal year by those personnel of that local unit of administration unless such local unit of administration has conducted at least two public hearings regarding such decrease, notice of which hearings, including the time, place, agenda, and specific subject matter of the meeting, the local unit shall cause to be published in the legal organ of the county which is the legal situs of such local unit one time at least seven days prior to the date such hearings are to be held. Written notice shall be provided to each employee subject to the schedule of minimum salaries under subsection (a) of this Code section at least seven days prior to the date of the hearings. Each such hearing shall be held and shall commence after school hours to allow certificated and noncertificated personnel to attend.
3. A local unit of administration shall pay beginning classroom teachers the first salary payment for the number of days worked at the end of the first month of the school year in which service is rendered. The State Board of Education shall develop rules and procedures for implementing this subsection by July 1, 2001.

History. Code 1981, § 20-2-212 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 612, § 10; Ga. L. 1991, p. 1546, § 4; Ga. L. 1994, p. 782, § 1; Ga. L. 2000, p. 618, § 35; Ga. L. 2001, p. 1096, § 1; Ga. L. 2006, p. 469, § 1/HB 1483; Ga. L. 2009, p. 4, § 1B/HB 455; Ga. L. 2010, p. 426, § 1/HB 923; Ga. L. 2011, p. 752, § 20/HB 142; Ga. L. 2013, p. 1091, § 4/HB 244.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

Ga. L. 2013, p. 1091, § 6/HB 244, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2014, and shall be applicable beginning in school year 2014-2015.”

20-2-212.1. Increase in state salary of person selected as Georgia Teacher of the Year; advisory role.

Any person who has been selected as Georgia Teacher of the Year, as determined by the State Board of Education, shall:

1. Be moved up one salary step on the state salary schedule or receive an equivalent percentage rate increase in state salary to become effective on and after the beginning of the next school year in which the person is employed in the public schools of this state. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is otherwise eligible. This Code section shall not be construed to require or prohibit any increase in the local supplement payable to such teacher; and
2. Be invited by the State Board of Education to serve as an advisor ex officio at a meeting held pursuant to Code Section 20-2-5 or a public hearing held pursuant to Code Section 20-2-5.1, for which he or she shall be entitled to receive the sum provided for by Code Section 45-7-21 for actual expenses incurred in connection with attendance at such meeting or hearing of the State Board of Education and actual costs of transportation to and from the place of such meeting or hearing.

History. Code 1981, § 20-2-212.1 , enacted by Ga. L. 1991, p. 1630, § 1.2; Ga. L. 2021, p. 261, § 1/SB 88.

The 2021 amendment, effective July 1, 2021, substituted the present provisions of this Code section for the former provisions, which read: “Any person who has been selected as Georgia Teacher of the Year, as determined by the State Board of Education, shall be moved up one salary step on the state salary schedule or receive an equivalent percentage rate increase in state salary to become effective on and after the beginning of the next school year in which the person is employed in the public schools of this state. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is otherwise eligible. This Code section shall not be construed to require or prohibit any increase in the local supplement payable to such teacher.”

20-2-212.2. Salary increase for persons receiving certification from National Board for Professional Teaching Standards; state payment of program participation fee; repayment; reimbursement.

1. As used in this Code section, the term:
   1. “High-needs school” means a Georgia public school that has received an unacceptable rating for a period of two or more consecutive years; and
   2. “National certification” means certification obtained from the National Board for Professional Teaching Standards.
2. For initial national certification prior to July 1, 2006, and subsequent renewals anytime thereafter,
   1. Any person who:
      1. Is currently teaching full time in a Georgia public school and holds a valid Georgia teaching certificate; and
      2. Has successfully completed the prerequisite portfolio of student work and examination and has received national certification

         shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded beginning on the date such certification is received. The 10 percent increase shall be computed based on the state salary for such individual when national certification is received and recomputed each subsequent year based on the individual’s state salary for that school year. In the case of a person who has received such national certification prior to July 1, 2000, and is receiving or is eligible to receive a 5 percent rate increase, the 5 percent rate increase shall be changed to a 10 percent rate increase effective with the commencement of the 2000-2001 school year. The increase in state salary provided by this Code section shall be in addition to any other increase for which the person is eligible. An individual receiving a salary increase pursuant to this subsection shall cease to receive such increase if he or she leaves a teaching position after March 1, 2009. This subsection shall be subject to appropriations by the General Assembly.

   2. A teacher for whom the State of Georgia pays a portion of the national certification participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the state’s portion of the participation fee to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher, and repayment is not required if the teacher fails to receive national certification.
   3. The portion of the national certification program participation fee paid by the participant shall be reimbursed by the state upon certification for any teacher who is eligible for an increase pursuant to paragraph (1) of this subsection. This paragraph shall be subject to appropriations by the General Assembly.
   4. A teacher for whom the State of Georgia reimburses the cost of the participation fee and who does not teach in a Georgia public school for at least one year after receiving certification shall repay the reimbursement payment to the state. Repayment is not required if the teacher is unable to complete the additional year of teaching due to the death or disability of the teacher.

   (b.1) Any person who has enrolled in the process, as determined by the Professional Standards Commission, of attaining national certification on or before March 1, 2005, and who obtains initial certification and subsequent renewals after July 1, 2006, shall be eligible for salary increases, subject to appropriations by the General Assembly, pursuant to subsection (b) of this Code section if such person otherwise meets the requirements of subsection (b) of this Code section.

3. Except as provided for in subsections (b.1) and (c.1) of this Code section, for initial national certification between July 1, 2006, and March 1, 2009, and subsequent renewals anytime thereafter,
   1. Any person who:
      1. Is currently teaching full time in a high-needs school and holds a valid Georgia teaching certificate as defined by the Professional Standards Commission; and
      2. Has successfully completed the prerequisite portfolio of student work and examination and has received national certification

         shall receive not less than a 10 percent rate increase in state salary for each year he or she holds national certification. Such increase shall be awarded beginning on the date such certification is received. The 10 percent increase shall be computed based on the state salary for such individual when national certification is received. A teacher who transfers to a high-needs school after such individual receives national certification shall receive such increase beginning on the effective date of transfer if the teacher meets the requirements of this subsection, and such increase shall be computed based on the state salary for such individual on the effective date of the transfer. Provided such individual remains employed in a high-needs school or in a school that was designated as a high-needs school at the time the individual received national certification or transferred to such school and otherwise continues to meet the requirements of this subsection, the 10 percent increase shall be recomputed each subsequent year based on such individual’s state salary for that school year. An individual receiving a salary increase pursuant to this subsection shall cease to receive such increase if he or she leaves a teaching position after March 1, 2009. This subsection shall be subject to appropriations by the General Assembly.

   2. The Professional Standards Commission shall provide annually to the Department of Education a roster of teachers who have retained national certification and are eligible for the annual increase.

   (c.1) Any person who has enrolled in the process, as determined by the Professional Standards Commission, of attaining national certification on or before March 1, 2009, shall be eligible for salary increases, subject to appropriations by the General Assembly, pursuant to subsection (c) of this Code section if such person otherwise meets the requirements of subsection (c) of this Code section.

4. Except as provided in subsection (c.1) of this Code section, on and after July 1, 2009, only teachers receiving a salary increase pursuant to this Code section as of March 1, 2009, shall be eligible to continue receiving such salary increases, subject to appropriations by the General Assembly, but only if such teachers otherwise meet all applicable requirements.

History. Code 1981, § 20-2-212.2 , enacted by Ga. L. 1996, p. 494, § 3; Ga. L. 1998, p. 1582, § 2; Ga. L. 2000, p. 618, § 36; Ga. L. 2001, p. 148, § 11; Ga. L. 2002, p. 397, § 2; Ga. L. 2005, p. 717, § 1A/SB 34; Ga. L. 2006, p. 72, § 20/SB 465; Ga. L. 2009, p. 101, § 1/HB 243.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2005, “of this Code section” was inserted at the end of subsection (b.1).

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

Law reviews.

For article on 2005 amendment of this Code section, see 22 Ga. St. U.L. Rev. 83 (2005).

20-2-212.3. [Reserved] Increasing teachers’ salaries in areas of shortage; criteria for determining shortage.

History. Ga. L. 2000, p. 618, § 37; Ga. L. 2004, p. 107, § 22; Ga. L. 2009, p. 303, § 7/HB 117; repealed by Ga. L. 2012, p. 358, § 10/HB 706, effective July 1, 2012.

Editor’s notes.

Ga. L. 2012, p. 358, § 10/HB 706 repealed and reserved this Code section, effective July 1, 2012.

20-2-212.4. [Reserved] Additional five percent increase in teacher salary based on student performance.

History. Ga. L. 2003, p. 896, § 1; repealed by Ga. L. 2012, p. 358, § 11/HB 706, effective July 1, 2012.

Editor’s notes.

Ga. L. 2012, p. 358, § 11/HB 706 repealed and reserved this Code section, effective July 1, 2012.

20-2-212.5. Additional compensation for teachers in mathematics or science.

1. 1. On and after July 1, 2010, and until such date as may be determined by the State Board of Education that mathematics, science, or both are no longer areas in which there is an insufficient supply of teachers, a secondary school teacher in a local school system who is or becomes certified in mathematics or science by the Professional Standards Commission shall be moved to the salary step on the state salary schedule that is applicable to six years of creditable service, unless he or she is already on or above such salary step. From such salary step, the teacher shall be attributed one additional year of creditable service on the salary schedule each year for five years.
   2. After five years, such teacher may continue to be attributed one additional year of creditable service on the salary schedule each year if he or she meets or exceeds student achievement criteria established by the Office of Student Achievement.
   3. Upon expiration of five years, or any year thereafter that the teacher does not meet or exceed student achievement criteria as required by paragraph (2) of this subsection, such teacher shall be moved to the salary step applicable to the actual number of years of creditable service which the teacher has accumulated.
   4. This subsection shall be subject to appropriations of the General Assembly.
2. 1. 1. On and after July 1, 2010, a kindergarten or elementary school teacher in a local school system who receives an endorsement in mathematics, science, or both from the Professional Standards Commission shall receive a stipend of $1,000.00 per endorsement for each year each such endorsement is in effect, up to a maximum of five years.
      2. After five years, such teacher may continue to receive such stipend if he or she meets or exceeds student achievement criteria established by the Office of Student Achievement.
      3. Upon expiration of five years, or any year thereafter that such a teacher does not meet or exceed student achievement as required by subparagraph (B) of this paragraph, such teacher shall cease to receive the stipend.
      4. This paragraph shall be subject to appropriations by the General Assembly.
   2. 1. In order to qualify for the stipend pursuant to paragraph (1) of this subsection, math and science endorsements shall:
         1. Be based on post-baccalaureate nondegree programs, independent of an initial preparation program in early childhood education;
         2. Consist of a minimum of three courses, of which two courses shall be focused on the advancement of content knowledge and one course, or any additional course, shall be focused on content-specific pedagogy and proven strategies for teaching math or science to children in kindergarten through fifth grade; and
         3. Include an authentic residency experience with a focus on application of knowledge and skills.
      2. The Professional Standards Commission shall establish standards for the math and science endorsements provided for in this subsection.

History. Code 1981, § 20-2-212.5 , enacted by Ga. L. 2009, p. 156, § 1/HB 280.

Editor’s notes.

This Code section formerly pertained to academic coach programs. The former Code section was based on Code 1981, § 20-2-212.5 , enacted by Ga. L. 2005, p. 717, § 2/SB 34 and was repealed by its own terms effective June 30, 2009.

20-2-212.6. Limitation on salary increase for school superintendent or administrators.

1. If any local board of education furloughs teachers, paraprofessionals, cafeteria workers, bus drivers, custodians, support staff, or other nonadministrative positions during any school year, such local board of education shall not use any state funds to provide a salary increase for the local school superintendent or administrators during such school year; provided, however, that this subsection shall not apply to any step increases on the state salary schedule which are applicable to a superintendent or administrator.
2. In the event that any local board of education intends to provide a salary increase using local funds or private donations for the local school superintendent or administrators during a school year in which such local board of education furloughs teachers, paraprofessionals, cafeteria workers, bus drivers, custodians, support staff, or other nonadministrative positions, the local board of education shall prior to such action:
   1. Provide 30 days’ notice of such intention including the rationale for raising such salaries when other local board of education employees are furloughed; and
   2. Conduct a public hearing for the purpose of providing an opportunity for full discussion and public input. The public hearing shall be advertised at least seven days prior to the date of such hearing in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised.

History. Code 1981, § 20-2-212.6 , enacted by Ga. L. 2010, p. 104, § 1/HB 977; Ga. L. 2011, p. 752, § 20/HB 142.

Editor’s notes.

This Code section formerly pertained to the Master Teacher and Academic Coach Implementation Committee. The Code section was formerly based on Code 1981, § 20-2-212.6 , enacted by Ga. L. 2005, p. 717, § 2/SB 34 and was repealed by Ga. L. 2005, p. 717, § 2/SB 34, effective December 31, 2005.

20-2-213. [Reserved] Career ladder programs.

History. Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1991, p. 1546, § 4; repealed by Ga. L. 2012, p. 358, § 12/HB 706, effective July 1, 2012.

Editor’s notes.

Ga. L. 2012, p. 358, § 12/HB 706 repealed and reserved this Code section, effective July 1, 2012.

20-2-213.1. Pay-for-performance for rewarding group activity.

1. The State Board of Education is authorized and directed to devise and implement a pay-for-performance program for rewarding group productivity. By December 31, 1992, and each December 31 thereafter, the State Board of Education shall develop performance criteria which shall be used to evaluate proposals submitted by local schools or systems for the determination of exemplary performance at the school site. Such criteria will relate to the overall educational performance of the school in areas related to student outcomes and achievement.  Such criteria shall also reflect the six national goals for education which have been adopted under Georgia 2000 and, to the extent feasible, socioeconomic or other demographic factors that may affect student achievement or other outcomes of education.  Such criteria shall also reflect school level improvement on identified performance criteria, such as the numbers of remedial, SIA, and Chapter I students that achieved grade level performance.
2. The state board shall create guidelines for the approval of local school proposals under this program and a system for weighing the various criteria in each school proposal according to school performance.  The performance evaluation system shall be designed to determine the level of improvement achieved by the school based upon those criteria adopted and approved for the school proposal.  Local schools which choose to apply for pay-for-performance awards for group productivity shall submit proposals through the local board of education, which must approve the proposals, to the State Board of Education.  Such proposals shall be submitted annually and shall identify which of the state-wide performance criteria will be emphasized by the local school for the determination of award eligibility.
3. The state board shall advise each local board of education as to whether the proposal submitted by each school applicant meets the guidelines for approval and, consequently, whether the proposal as submitted is eligible for award consideration.  Local schools shall be allowed to modify their initial proposals in order to meet guidelines.
4. Local school boards shall be informed by the state board of whether or not each school proposal has been approved no later than May 1 of the school year preceding the one for which the proposal was created.
5. The State Board of Education shall evaluate the performance of all schools submitting proposals for a given school year during the summer following that school year, according to the terms of the local school proposal as approved by the state board. The state board shall uniformly apply the criteria for weighing the proposals to the local school proposals, and those schools which are deemed eligible for an award shall be notified no later than September 1 of the school year after the one for which the performance judged exemplary occurred. The state board may appoint an advisory evaluation team from outside the Department of Education to assist in the development and application of the criteria by which the proposals will be evaluated.  Awards shall be made by the State Board of Education to each school through the local board for successful school projects no later than December 1 of the school year after the one for which the performance judged exemplary occurred.  The amount of the awards shall be distributed through local systems to schools judged exemplary by the State Board of Education according to the number of successful school projects, the size of each school, and the level of funding provided by the General Assembly.  The decision of the local school’s certificated personnel, in accordance with a process for decision making specified by the State Board of Education, will determine how the awards are spent or distributed at the school site.
6. The state board shall specify guidelines to ensure the representation of all affected school level constituencies in the award distribution process.  These guidelines will ensure that the proceeds in whole or in part may be given to faculty members in the form of bonuses or may be spent for the purpose of providing faculty sabbaticals, for instructional or other equipment, for staff development, for distribution to other school staff in the form of bonuses, or for any other expenditure deemed appropriate by the local school’s certificated personnel.
7. The State Board of Education shall submit a proposal for funding this pay-for-performance program for rewarding group productivity each year with its budget request.  Awards made under this program are subject to appropriation by the General Assembly.

History. Code 1981, § 20-2-213.1 , enacted by Ga. L. 1992, p. 3164, § 1.

Editor’s notes.

Ga. L. 1992, p. 3164, § 6, not codified by the General Assembly, provides: “Nothing contained in this Act shall affect any payment or allocation to any board of education of a local system as a result of bond proceeds authorized and sold under the provisions of House Bill 1262, Supplemental Appropriations Bill, passed on February 10, 1992, and payment shall be made to said boards of education as provided for in said House Bill 1262.”

20-2-214. Salary schedule for principals; supplements.

The State Board of Education shall establish a salary schedule for school principals that includes a supplement amount for each principal. The amount of the supplement shall be based on the amount appropriated by the General Assembly for this purpose each year divided by the total weighted full-time equivalent count for the state. The amount for each principal shall be determined by multiplying the amount per weighted full-time equivalent count by the weighted full-time equivalent count for each school. Local school systems shall pay this supplement to each local school principal.

History. Code 1981, § 20-2-214 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1991, p. 1546, § 4; Ga. L. 2000, p. 618, § 38; Ga. L. 2001, p. 148, § 12.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-214.1. High Performance Principals program.

1. The General Assembly finds that the driving force behind attracting quality teachers to a school and creating a culture of learning and respect in the school environment is the school leadership, and particularly, the school principal. The General Assembly further finds that teachers consider school leadership as one of the most important factors in creating good working conditions in a school environment. The General Assembly further finds that a school with strong leadership and teachers will be the most effective in improving and maintaining the academic success of its students.
2. Reserved.
3. The State Board of Education is authorized to establish a grant program to attract proven leaders in school settings to accept positions as principals in secondary schools in this state that have received unacceptable ratings by the State Board of Education, as defined in state board rules relating to the accountability system. For purposes of this Code section, these individuals shall be known as High Performance Principals. The grant program shall include funding, subject to appropriations by the General Assembly, for grants from the state board to local boards of education for salary supplements for High Performance Principals.
4. The state board is authorized to develop rules and regulations to implement the grant program, including requiring reports, data, or other measures of accountability. The grant program shall provide that the sole criteria for designating and selecting individuals as High Performance Principals shall be data based evidence of the effectiveness of a proposed High Performance Principal in improving a low performing school or in taking an average or excellent performing school to higher achievement within the last five years. Notwithstanding this, the state board shall have the discretion, only in extenuating circumstances, to consider other criteria. The state board shall be authorized to establish and maintain a nonexclusive pool of preapproved eligible candidates for High Performance Principals for consideration by local school systems.
5. An individual selected as a High Performance Principal shall be eligible for a one-year salary supplement, in an amount as determined by the state board and subject to appropriations by the General Assembly. An individual grant shall not exceed $15,000.00 per year and such amount shall be awarded pursuant to state board rule based on the relative recruitment need of that school. The local school system may apply for up to two additional school years for renewal of the High Performance Principal designation for an individual, subject to appropriation. An individual selected as a High Performance Principal shall be required to enter into a contract with the local board, in accordance with Code Section 20-2-211, which shall include terms and conditions relating to the designation of High Performance Principal, as required by the state board. An individual shall be required to reimburse the local board for any moneys paid to him or her relating to the High Performance Principal designation if he or she does not comply with the terms of the contract relating to the High Performance Principal designation.
6. The local board shall be required to submit reports, as required by the state board, which quantify the effectiveness of an individual designated as a High Performance Principal and his or her impact on the improvement of the school in the school year in which he or she was designated a High Performance Principal. The state board shall use the data in the reports as the primary factor in evaluating applications for renewal of a High Performance Principal designation, as provided for in subsection (e) of this Code section.
7. Salary supplements received by a High Performance Principal pursuant to this Code section shall not be considered regular or earnable compensation for any purpose.
8. Nothing in this Code section shall prohibit local boards of education from providing additional salary supplements and bonuses to any principal designated as a High Performance Principal.

History. Code 1981, § 20-2-214.1 , enacted by Ga. L. 2006, p. 179, § 1/SB 468; Ga. L. 2013, p. 1061, § 17/HB 283.

20-2-215. “In loco parentis” status of aides and paraprofessionals.

Classroom aides and paraprofessionals shall have, while performing assigned duties, the authority of “in loco parentis,” except for the administration of corporal punishment; provided, however, that such aides and paraprofessionals have at least the minimal training or experience, or both, prescribed by the Professional Standards Commission to have such authority and that such aides and paraprofessionals are under direct supervision of classroom teachers or other certificated professional personnel on a daily basis. Such aides and paraprofessionals shall have such authority both when the classroom teachers are present and when they are absent for justifiable purposes. Such purposes shall include planned release time and such activities as accompanying selected students to other locations or sites, instructing individual students or small groups at a location away from the classroom, meeting with parents and guardians, planning instructional programs or lessons, participating in staff development activities, and other such education activities related to classroom instruction. The Professional Standards Commission shall have the authority to prescribe such requirements and standards as it deems necessary for the effective implementation of this Code section.

History. Code 1981, § 20-2-215 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1991, p. 1546, § 4; Ga. L. 1992, p. 2365, § 3.

20-2-216. Substitute teachers.

As a condition for receiving funds under this article, it shall be the duty of each local unit of administration to employ and to utilize the services of substitutes for teachers who are absent. It shall be the duty of the local unit of administration to employ substitutes, including retired teachers in accordance with Code Section 47-3-127, who possess valid teaching certificates issued by the Professional Standards Commission. If no person holding a valid teaching certificate is available for this purpose, the local unit of administration is authorized to employ the person who most closely meets the requirements for certification as a teacher and who is available to serve as a substitute, provided such person is closely supervised by the school principal or principal’s designee. It shall be the duty of the commission to promulgate and adopt rules, regulations, and policies establishing classes or categories of persons, in order of descending priority, who most closely meet requirements for certification within this state. Nothing contained in this Code section shall prevent the local governing board or its executive officer from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students provided for by this article. For purposes of this Code section, certificated substitute teachers shall not be considered part-time personnel pursuant to Code Section 20-2-212. Salaries for substitute teachers shall be set by the local boards of education.

History. Code 1981, § 20-2-216 , enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 612, § 11; Ga. L. 1991, p. 1546, § 4.

Law reviews.

For annual survey on employment discrimination, see 70 Mercer L. Rev. 989 (2019).

20-2-217. Professional and staff development stipends.

The State Board of Education is authorized and directed to devise a program to provide professional and staff development stipends sufficient to allow eligible licensed personnel, paraprofessionals, and aides to participate in development programs which will enable such employees to increase their education pertaining to their job classification or to obtain appropriate degrees to become certified teachers. Such stipends shall be provided to individuals on a reimbursable basis on a state approved schedule. The State Board of Education shall be authorized to require the local professional and staff development plan to include professional and staff development for licensed personnel, paraprofessionals, aides, and education secretaries before state funding for the purposes of this Code section will be made available to a local system. As used in this Code section, the term “paraprofessional” shall be defined as provided in Code Section 20-2-204.

History. Code 1981, § 20-2-217 , enacted by Ga. L. 1990, p. 1254, § 1; Ga. L. 1991, p. 1546, § 4; Ga. L. 2009, p. 8, § 20/SB 46; Ga. L. 2015, p. 5, § 20/HB 90.

The 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, deleted “required under Code Section 20-2-232” following “development plan” in the third sentence.

20-2-218. Duty-free lunch period; exchange of lunch period for compensation or other benefit; length of school day not affected; exemption for extenuating circumstances; funding.

1. Every teacher who is employed in grades kindergarten through five for a period of time of more than one-half of the class periods of the regular school day shall be provided a daily lunch period of not less than 30 consecutive minutes, and such employee shall not be assigned any responsibilities during this lunch period. Such lunch period shall be included in the number of hours worked, and no local board of education shall increase the number of hours to be worked by an employee as a result of such employee’s being granted a lunch period under the provisions of this Code section. This duty-free lunch period shall not be calculated under any circumstances as a part of any daily planning period or other noninstructional time.
2. Nothing in this Code section shall be construed to prevent any teacher from exchanging that teacher’s lunch period for any compensation or benefit mutually agreed upon by the employee and the local superintendent of schools or such superintendent’s agent, except that a teacher and the superintendent or agent may not agree to terms which are different from those available to any other teacher granted rights under this Code section within the individual school or to terms which in any way discriminate among such teachers within the individual school.
3. The implementation of this Code section may not result in a lengthened school day.
4. If necessary where due to extreme economic conditions or an unforeseen and unavoidable personnel shortage, a local unit of administration may require a teacher otherwise entitled to a duty-free lunch period to supervise students during such lunch period but for no more than one day in any school week.
5. Notwithstanding any of the foregoing provisions of this Code section to the contrary, nothing in this Code section shall require the General Assembly to appropriate funds for the implementation of the duty-free lunch program; provided, however, that any such funds appropriated for this purpose shall be used by local school systems for duty-free lunch periods for classroom teachers in grades kindergarten through five.

History. Code 1981, § 20-2-218 , enacted by Ga. L. 1991, p. 1630, § 2; Ga. L. 1992, p. 6, § 20; Ga. L. 2000, p. 618, § 39; Ga. L. 2005, p. 60, § 20/HB 95.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-219. Payroll deduction services provided by local units of administration.

1. It is affirmed that a local unit of administration may, in its discretion, provide payroll deduction services to any organization, association, or corporation which the local unit of administration determines provides a tangible benefit to the school system or to any of its employees if such organization, association, or corporation has among its objectives educational, charitable, classroom instructional, legislative, legal, or professional development activities related to promoting and enhancing the welfare of the education profession and public school students and employees.
2. Subject to the provisions of this Code section, it is affirmed that any local unit of administration is authorized to deduct from the salaries or wages of its employees amounts designated by the employee as contributions, dues, or other specifically identified moneys to any such organization, association, or corporation as provided for in subsection (a) of this Code section.
3. No deduction shall be made under this Code section without the express written consent of the employee.

History. Code 1981, § 20-2-219 , enacted by Ga. L. 1992, p. 1501, § 1.

20-2-220. Limitations upon decreases in local salary supplements for school bus drivers and food service managers or employees.

In any fiscal year in which school bus drivers or full-term school food service managers or food service employees receive any increase in state funds in their salaries, a local unit of administration shall not decrease any local salary supplement for such personnel below the local supplement amount received in the immediately preceding fiscal year by those personnel of that local unit of administration unless such local unit of administration has conducted at least one public hearing regarding such decrease, notice of which hearing the local unit shall cause to be published in the legal organ of the county which is the legal situs of such local unit one time at least seven days prior to the date such hearing is to be held.

History. Code 1981, § 20-2-220 , enacted by Ga. L. 1994, p. 782, § 2.

20-2-221. Furlough days to be on Monday or Friday or in conjunction with holidays.

In the event that a local school system furloughs teachers and other school personnel during any school year, such furlough day shall be on a Monday or Friday or in conjunction with a holiday, unless the local board of education provides otherwise.

History. Code 1981, § 20-2-221 , enacted by Ga. L. 2012, p. 890, § 1A/SB 153.

20-2-230. Programs.

1. All public school officials and professional personnel certificated by the Professional Standards Commission shall be provided the opportunity to continue their development throughout their professional careers. The primary purpose of the staff development sponsored or offered by local boards of education and the Department of Education shall be the implementation of this policy. Two additional purposes of such staff development programs shall be to adopt into general practice the findings of scientifically designed research which has been widely replicated, particularly as it relates to teacher and school effectiveness, and to address professional needs and deficiencies identified during the process of objective performance evaluations.
2. 1. The State Board of Education shall adopt a training program for members of local boards of education by July 1, 2011. The State Board of Education may periodically adopt revisions to such training program as it deems necessary.
   2. Within three months of adoption by the State Board of Education of a training program pursuant to paragraph (1) of this subsection, each local board of education shall adopt a training program for members of such boards that includes, at a minimum, such training program and requirements established by the State Board of Education pursuant to paragraph (1) of this subsection. Each local board of education shall incorporate any revisions adopted by the State Board of Education to the training program pursuant to paragraph (1) of this subsection within three months of adoption of such revisions.
   3. All local boards of education are authorized to pay such board members for attendance at a required training program the same per diem as authorized by local or general law for attendance at regular meetings, as well as reimbursement of actual expenses for travel, lodging, meals, and registration fees for such training, either before or after such board members assume office.
3. The State Board of Education shall require each newly elected member of a local board of education to receive guidance and training regarding his or her own local school system’s most recent audit findings and the risk status of the local school system as determined by the Department of Audits and Accounts or the Department of Education. Such training for newly elected board members shall also include training on the role of the local school superintendent with respect to financial management and financial governance of a local school system.
4. The State Board of Education shall require members of local boards of education to complete the training required under this Code section with either the Department of Education or the Department of Audits and Accounts if the local board of education has been designated by the Department of Audits and Accounts as a high-risk local school system pursuant to Code Section 20-2-67 or if the Department of Audits and Accounts has determined that corrective actions have not been implemented or devised to correct serious findings in the local school system’s Department of Audits and Accounts audit report from the previous year.

History. Code 1981, § 20-2-250 , enacted by Ga. L. 1985, p. 1657, § 1; Code 1981, § 20-2-230 , as redesignated by Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 612, § 12; Ga. L. 1991, p. 1546, § 5; Ga. L. 1995, p. 304, § 4; Ga. L. 1996, p. 821, § 2; Ga. L. 1997, p. 1453, § 1; Ga. L. 2010, p. 452, § 10/SB 84; Ga. L. 2013, p. 1061, § 18/HB 283; Ga. L. 2020, p. 62, § 1-11/SB 68.

The 2020 amendment, effective July 1, 2021, added subsections (c) and (d).

Editor’s notes.

See the Editor’s note under this heading at the beginning of this part for information as to the redesignation of the former provisions of this Code section.

20-2-240. Powers and duties.

The State Board of Education shall adopt and prescribe all rules, regulations, and policies required by this article and such other rules, regulations, and policies as may be reasonably necessary or advisable for proper implementation, enforcement, and carrying out of this article and other public school laws and for assuring a more economical and efficient operation of the public schools of this state or any phase of public elementary and secondary education in this state. The state board shall establish and enforce standards for operation of all public elementary and secondary schools and local units of administration in this state so as to assure, to the greatest extent possible, equal and quality educational programs, curricula, offerings, opportunities, and facilities for all of Georgia’s children and youth and for economy and efficiency in administration and operation of public schools and local school systems throughout the state. The state board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improvement of public elementary and secondary education in this state, including actions designed to improve teacher and school effectiveness through research and demonstration projects. The state board shall have the power to take such actions as it deems necessary to ensure that the citizens have full awareness and knowledge relative to the costs, quality, and performance of the public elementary and secondary schools of this state. All rules, regulations, policies, and standards adopted or prescribed by the state board in carrying out this article and other school laws shall, if not in conflict therewith, have the full force and effect of law.

History. Code 1981, § 20-2-230 , enacted by Ga. L. 1985, p. 1657, § 1; Code 1981, § 20-2-240 , as redesignated by Ga. L. 1987, p. 1169, § 1; Ga. L. 2012, p. 358, § 15/HB 706.

Editor’s notes.

See the Editor’s note at the beginning of this part for information as to the redesignation of the former provisions of this Code section.

20-2-241. State School Superintendent.

1. The State School Superintendent shall be the executive officer of the State Board of Education and the administrative chief executive officer of the Department of Education. The State School Superintendent is authorized to organize and reorganize the Department of Education and the various offices, divisions, sections, and units thereof and to prescribe the duties, functions, and operations of each at such times and in such manner as the State School Superintendent deems necessary or desirable for the more economical or effective organization, administration, or functioning of the department. He or she shall also be responsible for the administration and enforcement of this article and other school laws in accordance with such laws and with rules, regulations, policies, and standards adopted or prescribed by the state board for the implementation, administration, or enforcement of such laws.
2. The State School Superintendent shall have the authority to employ persons to serve in the five senior staff positions within the Department of Education.
3. The State School Superintendent shall have the authority to enter into contracts for the amount of $50,000.00 or less on behalf of the Department of Education. The State School Superintendent may delegate to the chief financial officer the authority to execute such contracts on behalf of the State School Superintendent.

History. Code 1981, § 20-2-231, enacted by Ga. L. 1985, p. 1657, § 1; Code 1981, § 20-2-241 , as redesignated by Ga. L. 1987, p. 1169, § 1; Ga. L. 1996, p. 167, § 3; Ga. L. 2015, p. 1376, § 19/HB 502.

The 2015 amendment, effective July 1, 2015, added the second sentence to subsection (c).

Editor’s notes.

See the Editor’s note at the beginning of this part for information as to the redesignation of the former provisions of this Code section.

Ga. L. 1996, p. 167, which amended this Code section, provided in § 1, not codified by the General Assembly: “This Act shall be known and may be cited as the ‘Education Reform Act of 1996.’”

20-2-242. Local school systems; local units of administration; local governing bodies.

The political subdivisions governed by county, independent, and area boards of education in this state established pursuant to law shall be known as “local school systems” for the purposes of this article, except where other specific provisions are made. All local school systems, boards of control of regional educational service agencies established pursuant to Code Section 20-2-272, and any other local or regional public education agencies established pursuant to law shall be known as “local units of administration” for purposes of this article, except education agencies governed or regulated by boards of other state agencies or except where other specific provisions are made. The members and executive officers of local governing boards shall comply with, execute, and enforce all laws and all policies, rules, standards, and regulations adopted by the State Board of Education pursuant to this article in order to be eligible to receive state funds under this article. If a local board of education fails to comply with any provision of this article, compliance shall be enforced pursuant to Code Section 20-2-243. The qualifications, manner and time of selection, tenure, powers and duties, and state compensation, if provided for, shall be prescribed by law for all members and executive officers of local governing boards. Specifically, however, each local board of education shall be responsible for ensuring that:

1. The instructional programs authorized pursuant to Part 3 of this article and the uniformly sequenced content standards authorized pursuant to Part 2 of this article are fully and effectively implemented;
2. Locally adopted and offered enrichment programs, courses, and activities are properly planned, implemented, monitored, and evaluated to ensure the highest quality possible; and
3. Information is distributed to the public on a continuing basis relative to the costs, quality, and performance of the system’s elementary and secondary schools.

History. Code 1981, § 20-2-232, enacted by Ga. L. 1985, p. 1657, § 1; Code 1981, § 20-2-242 , as redesignated by Ga. L. 1987, p. 1169, § 1; Ga. L. 2015, p. 1376, § 20/HB 502.

The 2015 amendment, effective July 1, 2015, substituted “content standards” for “core curriculum” in paragraph (1).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 1992, a comma was inserted following “compensation” in the next to the last sentence of the introductory language.

Editor’s notes.

See the Editor’s note at the beginning of this part for information as to the redesignation of the former provisions of this Code section.

20-2-243. Withholding funds for failure to comply with this article.

In the event a local unit of administration shall fail to comply with any provision of this article or other school laws; any provision of rules, regulations, policies, standards, or requirements established by the State Board of Education pursuant to this article; or the terms of any contract with the state board, the state board may, in its discretion, withhold from the local unit all or any part of the state contributed Quality Basic Education Program funds allotted to the local unit under this article until full compliance is made by the local unit. The state board shall, before withholding funds, notify the local unit of its intention and state the reasons for such action. The governing board of the local unit shall be entitled to a hearing before funds are withheld, provided the local board requests a hearing within 30 days from receipt of notification. If the local governing board feels itself aggrieved by the final decision of the state board following the hearing, the local board shall have the right to obtain judicial review of the decision, on the record made before the state board, by filing an appeal in the superior court of the county of the local unit affected. The appeal shall plainly specify the decision being challenged, the questions in dispute, the decision of the state board, the relief sought by the local board, and the contentions of the local board. The appeal shall be based upon the record as a whole established at the time of the hearing before the state board. A transcript of the testimony and other evidence adduced before the state board at the time of such hearing shall be prepared and certified as true and correct by the State School Superintendent and filed in the court within 30 days after date of service of a copy of the appeal upon the superintendent or within such other time as the court may allow. The decision of the state board on appeal shall not be set aside if based upon any substantial evidence in the record, considering the record as a whole. The court may, in its discretion, whether or not prayed for in the appeal, remand the matter for future proceedings or findings on such directions or terms as may be specified in the order of the court. Proceedings for review of the final judgment of the court shall follow the same course which is now or may hereafter be prescribed for other civil actions in the superior court. No funds shall be withheld until all appeals are exhausted. Any local unit of administration which feels aggrieved by any decision of the state board shall have the right to appeal under the provisions of this Code section.

History. Code 1981, § 20-2-233, enacted by Ga. L. 1985, p. 1657, § 1; Code 1981, § 20-2-243 , as redesignated by Ga. L. 1987, p. 1169, § 1.

Editor’s notes.

See the Editor’s note at the beginning of this part for information as to the redesignation of the former provisions of this Code section.

20-2-244. Waiver requests by a local board of education; requirements for application for waiver; period of waiver; blanket waivers.

1. The State Board of Education is authorized to waive specifically identified state rules, regulations, policies, and procedures, or provisions of this chapter, upon the request of a local board of education and in accordance with this Code section. The goal for each waiver shall be improvement of student performance.
2. The State Board of Education is not authorized to waive any federal, state, and local rules, regulations, court orders, and statutes relating to civil rights; insurance; the protection of the physical health and safety of school students, employees, and visitors; conflicting interest transactions; the prevention of unlawful conduct; any laws relating to unlawful conduct in or near a public school; any reporting requirements pursuant to Code Section 20-2-320 or Chapter 14 of this title; the requirements of Code Section 20-2-210; the requirements of Code Section 20-2-211.1; or the requirements in subsection (c) of Code Section 20-2-327. A school or school system that has received a waiver shall remain subject to the provisions of Part 3 of Article 2 of Chapter 14 of this title, the requirement that it shall not charge tuition or fees to its students except as may be authorized for local boards by Code Section 20-2-133, and shall remain open to enrollment in the same manner as before the waiver request.
3. The provisions of this Code section shall not apply to charter schools.
4. The board shall require a written application for a waiver that shall include, at a minimum:
   1. Identification of the specific state rules, regulations, policies, and procedures, or provisions of this chapter that are requested for waiver;
   2. A description of the policies and procedures the school or school system shall substitute for the waived state rules, regulations, policies, and procedures, or provisions;
   3. A description of how the proposed waiver will improve student performance;
   4. A description of the students who will be affected by the proposed waiver, including their estimated number, current performance, grade level, and any common demographic traits;
   5. A list of schools by name that will be affected by the proposed waiver, and a description of each school, including current performance, grade levels, and demographic traits of the students of each such school;
   6. Methods for collection of data, and for measuring and evaluating any change in student performance resulting from the proposed waiver;
   7. The period of time for which the proposed waiver is requested and the proposed starting date; and
   8. A resolution from the local school board approving the waiver request.
5. The State Board of Education may grant or deny a waiver request, or grant a waiver request subject to specified modifications in the waiver request.
6. A waiver may be granted in accordance with this Code section for any period of time not to exceed five years. The State Board of Education shall require reports regarding the effect of the waiver at least annually, and may require more frequent reports if necessary to monitor the effect of the waiver effectively. The State Board of Education shall report annually to the General Assembly regarding the waivers granted, the effect of each waiver, and any recommendations for legislative changes generated by successful waivers.
7. On and after July 1, 2008, except as provided for in subsection (h) of this Code section, the State Board of Education shall not authorize any waivers or variances pursuant to this Code section to any local school system for the following:
   1. Class size requirements in Code Section 20-2-182; provided, however, that the state board shall be authorized to waive class size requirements pursuant to this Code section on and after July 1, 2008, in the event that a local school system can demonstrate a hardship pursuant to a waiver request;
   2. Expenditure controls in Code Section 20-2-171 and categorical allotment requirements in Article 6 of this chapter;
   3. Certification requirements in Code Section 20-2-200; or
   4. Salary schedule requirements in Code Section 20-2-212.

      A local school system which has received a waiver or variance pursuant to this Code section prior to entering into a contract pursuant to Article 4 of this chapter shall be required to include such waiver or variance in such contract.

8. The State Board of Education shall be authorized to provide a blanket waiver or variance of the class size requirements in Code Section 20-2-182 for all local school systems for a specified school year in the event that a condition of financial exigency occurs, as determined by the state board. For purposes of this subsection, “financial exigency” means circumstances which cause a shortfall in state appropriations and local revenue for operation of local school systems as compared with projected expenditures over the same period and such shortfall would have a material adverse effect on the operation of public schools. Subsections (c) and (f) of this Code section shall not apply to blanket waivers or variances issued pursuant to this subsection.

History. Code 1981, § 20-2-244 , enacted by Ga. L. 2004, p. 107, § 6; Ga. L. 2008, p. 82, § 3/HB 1209; Ga. L. 2010, p. 158, § 5/HB 908; Ga. L. 2010, p. 237, § 1E/HB 1079; Ga. L. 2011, p. 635, § 8/HB 186; Ga. L. 2015, p. 1376, § 21/HB 502; Ga. L. 2016, p. 846, § 20/HB 737.

The 2015 amendment, effective July 1, 2015, inserted “the requirements of Code Section 20-2-210;” in the first sentence of subsection (b).

The 2016 amendment, effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, substituted “local board of education” for “local school board” in the first sentence of subsection (a).

Editor’s notes.

Ga. L. 2011, p. 635, § 1/HB 186, not codified by the General Assembly, provides: “The General Assembly finds that:

“(1) Our state’s long-term prosperity depends on supporting an education system that is designed to prepare our students for a global economy;

“(2) High school students and parents must understand that they have options for career pathway programs of study that join a college-ready academic core with quality career, technical, and agricultural education studies that result in a high school diploma and preparation for success in advanced training, an associate’s degree, a baccalaureate degree, and a career;

“(3) Local school systems must provide every student with choices that are academically rigorous and aligned to opportunities in high-demand, high-skill, high-wage career fields and to postsecondary career and technical pathways leading to advanced credentials or degrees;

“(4) The State Board of Education, the Board of Regents of the University System of Georgia, and the Board of Technical and Adult Education must work together so that academic courses that are embedded within career, technical, and agricultural education courses (CTAE) are given appropriate academic credit at the high school level and recognized at the postsecondary level;

“(5) Teachers should be provided with professional development opportunities that enforce the academically rigorous standards in relevant, project based coursework;

“(6) High school students should clearly understand the options for dual high school and postsecondary credit, and the state should properly fund these options;

“(7) Every state education agency, postsecondary institution, and local school system should provide all high school students with opportunities for accelerated learning through dual credit coursework leading to at least six postsecondary credits and have as a collective goal to graduate every student with postsecondary credit;

“(8) Georgia’s strategic industries must be partners in our public education system (secondary and postsecondary) so that they are assured that our high school graduates are prepared for success in the workforce;

“(9) Georgia’s public education system must incorporate many different types of assessments and certificates into their programs so that a student’s skill level is assessed and that it also has meaning to them for postsecondary and career success; and

“(10) Georgia’s students must understand that a high school diploma and some form of postsecondary credential are key to success in the workforce and earning a family living wage.”

For application of this statute in 2020, see Executive Order 03.27.20.02.

A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.

Law reviews.

For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 115 (2011).

For article, “Education: Elementary and Secondary Education,” see 28 Ga. St. U.L. Rev. 115 (2011).

20-2-244.1. Variance or waiver requests by public school students.

1. As used in this Code section, the term:
   1. “Student” means a student who is or was enrolled in a public school in this state.
   2. “Substantial hardship” means a significant, unique, and demonstrable economic, technological, legal, or other type of hardship to the student requesting a variance or waiver.
   3. “Variance” means a modification granted by the State Board of Education to all or part of the literal requirements of a rule to a person who is subject to the rule.
   4. “Waiver” means a decision by the State Board of Education not to apply all or part of a rule to a person who is subject to the rule.
2. Except as provided in subsection (f) of this Code section, the State Board of Education is authorized to grant a variance or waiver to a rule when a student subject to that rule demonstrates that the purpose of the underlying statute upon which the rule is based can be or has been achieved by other specific means which are agreeable to the person seeking the variance or waiver and that strict application of the rule would create a substantial hardship to such person.
3. Except as provided in subsection (f) of this Code section, a student who is subject to regulation by a State Board of Education rule may file a petition with the state board requesting a variance or waiver from the state board’s rule. In addition to any other requirements which may be imposed by the state board, each petition shall specify:
   1. The rule from which a variance or waiver is requested;
   2. The type of action requested;
   3. The specific facts of substantial hardship which would justify a variance or waiver for the petitioner, including the alternative standards which the person seeking the variance or waiver agrees to meet and a showing that such alternative standards will afford adequate protection for the public health, safety, and welfare; and
   4. The reason why the variance or waiver requested would serve the purpose of the underlying statute.
4. The state board shall grant or deny a petition for variance or waiver in writing no later than 60 days after the receipt of the petition. The state board’s decision to grant or deny the petition shall be in writing and shall contain a statement of the relevant facts and the reasons supporting the state board’s action.
5. The state board’s decision to deny a petition for variance or waiver shall be subject to judicial review in accordance with Code Section 50-13-19. The validity of any variance or waiver which is granted by the state board may be determined in an action for declaratory judgment in accordance with Code Section 50-13-10.
6. This Code section shall not apply, and no variance or waiver shall be sought or authorized, when a state board rule or regulation has been adopted or promulgated in order to implement or promote a federally delegated program.
7. An aggregated report of all waivers granted pursuant to this Code section shall be prepared and shall contain a description of the waiver granted, including a detail of the variance from any rule or regulation, but shall not include any identifying information of the student.
8. The State Board of Education shall not be subject to Code Section 50-13-9.1 with respect to petitions for variances or waivers of rules by students.

History. Code 1981, § 20-2-244.1 , enacted by Ga. L. 2015, p. 1376, § 22/HB 502.

20-2-250. Projects to improve effectiveness.

1. The State Board of Education shall provide grants to qualified local units of administration for the purpose of improving the effectiveness of an educational program or service within a school, a cluster of schools, system wide, or regionally, subject to appropriation by the General Assembly. The state board shall appoint a review panel to evaluate all submitted proposals and submit appropriate recommendations to the state board for funding based upon criteria specified within this Code section. The criteria for awarding such a grant shall include the potential for widespread adoption of such improvement by other public schools or local units of administration in the state, the potential to which the project is likely to result in the proposed improvement, the quality of the proposed project design, the reasonableness of the costs involved in conducting the project, and such other criteria which the state board may deem appropriate and necessary. The state board shall have the authority to establish a list of educational programs and services for which project proposals will be considered or the state board shall have the authority to consider unsolicited project proposals concerning any educational program or service needing improvement, or both. Local units of administration shall be required to expend local funds for a portion of the costs of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their shares of such cost. Such local funds shall be in excess of the local funds required for the local five mill share pursuant to Code Section 20-2-164 and in excess of the local funds required as a portion of the costs for other grant programs authorized under this article. The state board is further authorized to reduce the amount of a local grant request through negotiation with a local governing board and award the difference to an additional local unit of administration which has submitted an unfunded, qualified project.
2. The State Board of Education shall provide grants to qualified local units of administration for the purpose of assisting other local units in their efforts to adopt an effective improvement of an educational program or service, subject to appropriation by the General Assembly. Only those local units of administration which have completed innovation programs under the process defined in subsection (a) of this Code section, regardless of fund source, and such innovation programs have been sufficiently validated to demonstrate program effectiveness, may be considered for funding on a priority basis. The criteria for awarding such a grant shall be that the local unit of administration was previously instrumental in the development or adoption of such effective improvement, that the improvement has the potential for widespread adoption by other local units or schools in other local units, that the improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project costs, and such other criteria which the state board may deem appropriate and necessary. Such a grant shall not require that any portion of such project’s cost be paid by the qualified local unit of administration receiving such grant.
3. The State Board of Education shall provide grants to qualified local units of administration for the purpose of adopting effective improvements of educational programs or services, subject to appropriation by the General Assembly. The criteria for awarding such a grant shall be that the proposed improvement of an educational program or service has been proven to be effective elsewhere, the proposed improvement contributes to the increased effectiveness or efficiency of an educational program or service sufficiently to warrant the proposed project’s cost, and such other criteria which the state board may deem appropriate and necessary. All funds for such adoption projects shall be for costs in excess of costs for which funds have been otherwise provided by the provisions of this article. Local units of administration shall be required to expend local funds for a portion of the cost of projects authorized under this subsection. The amount of such local funds shall be based upon the ability of a local unit to pay a share of the cost relative to the ability of other local units in the state to pay their share of such cost. Such local funds shall be in excess of the local funds required for the local five mill share pursuant to Code Section 20-2-164 and in excess of the local funds required as a portion of the costs for other grant programs authorized under this article.
4. 1. In order to better address the needs of students at risk of failing to complete their education, the State Board of Education shall approve pilot projects that allow schools, clusters of schools, or school systems to decategorize funds received under Code Section 20-2-161. The state board shall appoint an interdisciplinary review panel consisting of students, parents, educators, and representatives from business, the community, the Department of Human Services, and the Department of Behavioral Health and Developmental Disabilities to evaluate all submitted proposals and to submit appropriate recommendations to the state board.
   2. Pilot projects must meet the following criteria:
      1. Address the needs of at-risk students who meet two or more of the criteria in the definition of the at-risk student as approved by the State Board of Education;
      2. Develop a plan for such a pilot project using an interdisciplinary committee composed of students, parents, educators, and representatives from business, the community, the Department of Human Services, the Department of Behavioral Health and Developmental Disabilities, and others as appropriate;
      3. Ensure that the plan for the pilot project becomes a component of the local strategic plan;
      4. Provide for a program evaluation that specifies the goals of the program, the means to achieve those goals, the reasons for any decategorization or combining of program earnings to carry out those means, and objective and other criteria to be met which will determine the success or failure of the new programs;
      5. No funds may be expended for any program or service explicitly excluded from the full-time equivalent count in subsection (a) of Code Section 20-2-160, except that such funds will be expended in conformity with the requirements for expenditures of direct instructional costs under Code Section 20-2-167. Any local plan approved by the board to combine program earnings for the purpose of providing programs for at-risk students under this subsection must also conform with the expenditure controls under Code Section 20-2-167 as modified by the new program categories described in the local system’s proposal to the board. In no event will the aggregate funds expended for direct instructional costs be a lower amount than would have been required under the original formula calculations and expenditure requirements; and
      6. No funds may be expended for transitional programs, such as transitional kindergarten or first grade.
   3. The state board shall give priority to proposed pilot projects that focus on interagency cooperation and the joint provision of services.
   4. All pilot projects shall be reviewed annually by the state board to ensure that they are meeting the goals and objectives outlined in their plan. Pilot projects that are no longer achieving their goals and objectives shall be discontinued by the state board.
   5. The pilot projects shall report annually to the Appropriations Committees of the House of Representatives and the Senate, the House Education Committee, and the Senate Education and Youth Committee.

History. Code 1981, § 20-2-240 , enacted by Ga. L. 1985, p. 1657, § 1; Code 1981, § 20-2-250 , as redesignated by Ga. L. 1987, p. 1169, § 1; Ga. L. 1991, p. 1630, § 3; Ga. L. 2000, p. 618, § 96; Ga. L. 2009, p. 303, § 8/HB 117; Ga. L. 2009, p. 453, § 2-2/HB 228; Ga. L. 2010, p. 286, § 16/SB 244.

Editor’s notes.

See the Editor’s notes at the beginning of this part for information as to the redesignation of the former provisions of this Code section.

Ga. L. 1991, p. 1630, § 6, not codified by the General Assembly, provides that the amendment to this Code section by that Act, effective July 1, 1991, is applicable to the 1992-1993 school year.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

Ga. L. 2009, p. 303, § 20/HB 117, not codified by the General Assembly, provides that: “This Act is intended to reflect the current internal organization of the Georgia Senate and House of Representatives and is not otherwise intended to change substantive law. In the event of a conflict with any other Act of the 2009 General Assembly, such other Act shall control over this Act.”

20-2-251. Teacher recruitment and retention program; purpose; annual evaluation of program; maximum participation.

1. As used in this Code section, the term:
   1. “Department” means the Department of Education.

      (1.1) “High-need subject area” means one of the three content areas for which there are the greatest percentages of unfilled positions for classroom teachers in a RESA service area as determined annually for each RESA service area by the department based upon a five-year average review of a survey reported by local school systems to the department.

   2. “Participating local school system” means a local school system that participates in the program by receiving grant money from the state and disbursing it to participating teachers.
   3. “Participating school” means a qualifying public school that has been selected by the department to participate in the program.
   4. “Participating teacher” means a teacher, as defined in subsection (a) of Code Section 20-2-942, who is eligible to participate and does participate in the program.
   5. “Postsecondary educational institution” means a school which is:
      1. A unit of the University System of Georgia, including any college or university under the government, control, and management of the Board of Regents of the University System of Georgia; or
      2. An independent or private college or university located in Georgia and eligible to be deemed an approved school as defined in paragraph (2) of Code Section 20-3-411.
   6. “Program” means the teacher recruitment and retention program provided for in this Code section.
   7. “Qualifying public school” means a public school that is located in a rural territory in this state or a school that has performed in the lowest 5 percent of schools in this state as identified in accordance with the state-wide accountability system established in the state plan pursuant to the federal Every Student Succeeds Act.
   8. “Recently hired” means a teacher, whether a new or experienced teacher, who has accepted his or her first school year contract to teach at a qualifying public school for the 2021-2022 school year, for the current school year, or for the immediately upcoming school year.
   9. “Rural territory” means territory that is more than five miles from the nearest “urbanized area” and more than two and one-half miles from the nearest “urban cluster” as such terms are defined in OMB Standards for Defining Metropolitan and Micropolitan Statistical Areas, 65 Fed. Reg. 82238.
   10. “School year contract” means a contract of full-time employment between a teacher and a local board of education covering a full school year. A contract of employment for a portion of a school year shall not be counted as a school year contract, nor shall contracts of employment for portions of a school year be cumulated and treated as a school year contract. A contract of employment for any time outside a school year shall not be counted as a school year contract, nor shall contracts of employment for time outside a school year be cumulated and treated as a school year contract. A school year contract is deemed included within a contract of full-time employment between a teacher and a local board of education covering a full calendar or fiscal year.
   11. “State board” means the State Board of Education.
2. The state board shall establish a teacher recruitment and retention program. The purpose of such program shall be to encourage both new and experienced teachers to seek employment with qualifying public schools in high-need subject areas by providing for a tax credit as provided for in Code Section 48-7-29.23 to each participating teacher in the amount of $3,000.00 per school year for no more than five school years, which must be consecutive, subject to conditions as provided for in this Code section. The state board is authorized to promulgate rules, regulations, policies, and procedures appropriate and necessary to implement and administer this program.
3. 1. By October 1 of each year, the department shall determine which public schools in this state are qualifying public schools and shall publish a list of all qualifying public schools on the department’s website. For purposes of the program, a school that has been designated as a qualifying public school shall be eligible for selection as a participating school for the current school year and for at least the immediately upcoming school year. The department shall develop criteria for the selection of no more than 100 participating schools from the total number of qualifying public schools and shall publish such selection criteria simultaneously with the publication of the list of qualifying public schools on the department’s website; provided, however, that such criteria shall include prioritizing qualifying public schools with teacher vacancies in high-need subject areas.
   2. By December 1 of each year, the department shall select no more than 100 participating schools and shall publish a list of all participating schools on the department’s website. At this time, the department shall also publish a list of the high-need subject areas as determined for each RESA service area. A school that has been designated as a participating school shall be eligible to participate in the program for the current school year and for at least the immediately upcoming school year. The department shall determine the total number of participating teachers authorized for each participating school, as well as the high-need subject areas, which may be filled for each participating school.
   3. The department is authorized to receive applications from teachers who meet the eligibility criteria provided for in subsection (e) of this Code section and is authorized to share with participating local school systems and participating schools such applications and related materials submitted by teachers.
   4. The department is authorized to provide guidance and technical assistance to teachers, participating schools, and local school systems with participating schools regarding the program.
4. The Office of Student Achievement, in consultation with the department, shall establish program objectives and shall annually measure and evaluate the program. Beginning with the 2023-2024 school year, by December 1 of each year, the Office of Student Achievement shall provide to the Governor, to the House Education Committee and the Senate Committee on Education and Youth, and to the state board a report covering the immediately preceding school year and including, at a minimum, the following information:
   1. The positions filled by participating teachers with corresponding information regarding the subject matter and grade or grades taught; and
   2. The length of time participating teachers have been participating in the program.
5. 1. In order to be eligible to participate in the program, a teacher shall:
      1. Have been recently hired to teach in a high-need subject area at a participating school;
      2. Have attained a bachelor’s degree in education from a postsecondary educational institution with a teacher certification program approved by the Georgia Professional Standards Commission; and
      3. Hold a valid five-year induction or professional certificate issued by the Georgia Professional Standards Commission.
   2. Teachers who meet the eligibility criteria provided for in paragraph (1) of this subsection and who wish to participate in the program shall submit to the department a completed application to participate in the program, on a form and in a manner prescribed by the department. Each application shall, at a minimum, include:
      1. A copy of the teacher’s school year contract to teach at a participating school; and
      2. Written verification from the principal or other school personnel of the participating school that the teacher was recently hired as defined in this Code section.
   3. 1. Eligible teachers who complete the application process prescribed by the department shall be accepted to participate in the program on annual basis, subject to continuation of the program and the provisions of subsection (g) of this Code section and except for good cause shown by the department.
      2. A teacher who is accepted by the department to participate in the program shall be allowed to continue as a participating teacher in the program on an annual basis for up to five school years, which must be consecutive, provided that he or she remains employed pursuant to a school year contract as a teacher at the same school continuously, regardless of whether the school remains a participating or qualifying public school and regardless of whether the participating teacher’s subject area remains a high-need subject area, and subject to continuation of the program and the provisions of subsection (g) of this Code section and except for good cause shown by the department.
      3. A participating teacher who is involuntarily transferred to another school within the same participating local school system shall be eligible to continue participating in the program on the same terms and conditions as provided in subparagraph (B) of this paragraph. A participating teacher who voluntarily transfers to another school shall not be eligible to continue participating in the program effective immediately upon the transfer.
      4. A participating teacher who receives an annual summative performance evaluation rating of “Ineffective,” as provided for in Code Section 20-2-210, shall be permanently ineligible to participate in the program upon the conclusion of the school year in which he or she received such rating.
      5. A participating teacher who lawfully takes a leave of absence pursuant to any state or federal law shall retain eligibility to continue participating in the program provided he or she remains employed pursuant to a school year contract as a teacher at the same school continuously.
6. By July 31 of each year, the department shall notify the state revenue commissioner of each participating teacher who has satisfied all terms and conditions of the program for the immediately preceding school year.
7. The number of participating teachers in the program in any school year shall be limited to 1,000 participating teachers state wide. In the discretion of the department, participation in the program may be determined according to the following order of priority:
   1. Participating teachers shall be prioritized over teachers not yet participating in the program; and
   2. Among teachers participating in the program, those who are currently teaching a high-need subject area shall be prioritized over those who are not teaching a high-need subject area, and those with greater seniority in the program shall be prioritized over those with less seniority.
8. No new applications for the program shall be accepted after December 31, 2026.

History. Code 1981, § 20-2-251 , enacted by Ga. L. 2021, p. 94, § 1/HB 32.

Editor’s notes.

Ga. L. 2021, p. 94, § 3/HB 32, not codified by the General Assembly, provides that: “This Act shall become effective July 1, 2021, and shall be applicable to all taxable years beginning on or after January 1, 2022.”

Former Code Section, relating to demonstration programs, was based on Ga. L. 1985, p. 1657, § 1; Code 1981, § 20-2-251 , as redesignated by Ga. L. 1987, p. 1169, § 1; Ga. L. 1992, p. 1332, § 1, and was repealed by Ga. L. 2012, p. 358, § 16/HB 706, effective July 1, 2012.

Ga. L. 1987, p. 1169, § 1, effective July 1, 1987, repealed the former Code section concerning a minimum program weight computation. The former Code section was enacted by Ga. L. 1985, p. 1657, § 1. For present provisions concerning program weights, see Part 5 of this article.

U.S. Code.

The Every Student Succeeds Act, referred to in this Code section, was enacted by 129 Stat. 1802. For full classification of such Act, consult the U.S.C. Tables volumes.

20-2-252. [Reserved] Electronic technology.

History. Ga. L. 1985, p. 1657, § 1; Code 1981, § 20-2-252 , as redesignated by Ga. L. 1987, p. 1169, § 1; Ga. L. 1996, p. 1603, § 6; Ga. L. 2000, p. 618, § 96; repealed by Ga. L. 2012, p. 358, § 17/HB 706, effective July 1, 2012.

Editor’s notes.

Ga. L. 2012, p. 358, § 17/HB 706 repealed and reserved this Code section, effective July 1, 2012.

20-2-253. [Reserved] Achievement grants.

History. Ga. L. 1985, p. 1657, § 1; Code 1981, § 20-2-253 , as redesignated by Ga. L. 1987, p. 1169, § 1; Ga. L. 1995, p. 1340, § 1; repealed by Ga. L. 2012, p. 358, § 18/HB 706, effective July 1, 2012.

Editor’s notes.

Ga. L. 2012, p. 358, § 18/HB 706 repealed and reserved this Code section, effective July 1, 2012.

20-2-254. [Reserved] Educational research.

History. Ga. L. 1985, p. 1657, § 1; Code 1981, § 20-2-254 , as redesignated by Ga. L. 1987, p. 1169, § 1; repealed by Ga. L. 2012, p. 358, § 19/HB 706, effective July 1, 2012.

Editor’s notes.

Ga. L. 2012, p. 358, § 19/HB 706 repealed and reserved this Code section, effective July 1, 2012.

20-2-255. [Reserved] Petitions for charter school status.

History. Ga. L. 1993, p. 1440, § 1; Ga. L. 1995, p. 307, § 1; Ga. L. 1996, p. 6, § 20; repealed by Ga. L. 1998, p. 1080, § 1, effective July 1, 1998.

Editor’s notes.

Ga. L. 2013, p. 141, § 20/HB 79, reserved the designation of this Code section, effective April 24, 2013.

20-2-256. Joint after-school programs for at-risk students.

1. As used in this Code section, the term:
   1. “After-school program” means any academic program conducted after regular school hours to serve only:
      1. Students who have previously dropped out of school;
      2. Students who are in a regular day time school who have previously failed courses; or
      3. A combination of students described in subparagraph (A) of this paragraph and subparagraph (B) of this paragraph.
   2. “Course” means an instructional course for which a program count is permissible under Code Section 20-2-160.
   3. “FTE” or “full-time equivalency” means the program cost obtained under the method described in paragraph (2) of subsection (b) of Code Section 20-2-160.
   4. “Student” means a person who is otherwise eligible to be included in a program count under Code Section 20-2-160.
2. Four or more local school systems which jointly establish any after-school program for at-risk students shall be eligible to receive a state grant, not to exceed $225,000.00 per year, which is equal to the amount of direct instructional costs which would be earned by students described in subparagraph (a)(1)(B) of this Code section if they were enrolled in equivalent courses in the remedial education program during the school day and counted as FTE students under the method described in paragraph (2) of subsection (b) of Code Section 20-2-160. No student in the after-school program who is actually included in a regular after-school FTE program count pursuant to Code Section 20-2-160 may be counted in determining the amount of a grant under this Code section.
3. The FTE count for students described in subparagraph (a)(1)(A) of this Code section shall be funded at the weight and teacher-student ratio specified for alternative education programs in paragraph (18) of subsection (b) of Code Section 20-2-161.
4. The State Board of Education is directed to prescribe a method of determining full-time equivalency of such programs in keeping with paragraph (2) of subsection (b) of Code Section 20-2-160 and shall calculate the funds needed for such programs as part of its annual budget request.

History. Code 1981, § 20-2-256 , enacted by Ga. L. 1995, p. 240, § 1; Ga. L. 1998, p. 1370, § 1; Ga. L. 2002, p. 1399, § 1.

20-2-257. Grants for driver education courses for secondary school students.

The State Board of Education shall provide public secondary schools and local school systems with grants, subject to appropriation by the General Assembly and pursuant to applications made at the discretion of such systems. The purpose of such grants shall be to support motor vehicle driver education courses and programs for secondary school students. The amount of such grants shall be reflective of the most recent counts of age 15, 16, and 17 year old secondary school students in the public schools or local school systems. The public schools or local school systems receiving such grants may expend these funds only for purposes of providing driver education courses or programs to secondary school students. Such courses or programs may be provided directly by the local school system or by contract with a private driver education school licensed by the Department of Driver Services. Such grants shall be supplemental to any other provision of state funds for such driver education courses or programs. The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section.

History. Code 1981, § 20-2-257 , enacted by Ga. L. 1998, p. 1520, § 4; Ga. L. 1999, p. 81, § 20; Ga. L. 2010, p. 878, § 20/HB 1387.

Cross references.

The Driver Training School and Commercial Driver Training School License Act, T. 43, C. 13.

20-2-258. Funds for grant recipients; criteria for compacts between students, teachers and parents.

The State Board of Education shall request funds sufficient to provide grants to qualified public elementary and secondary schools and local school systems, subject to appropriation by the General Assembly. The purpose of such grants shall be to encourage grant recipients to develop and implement written compacts among teachers, parents, and students. Such compacts shall be entered into voluntarily and shall describe the commitments made by the student, the student’s teacher, and the student’s parents to improve and enhance the student’s academic achievement. Grant recipients shall ensure that a compact is offered for each class in which a student is enrolled and that students and parents are invited to a conference with the teacher, within the first 30 days after enrollment, to discuss the terms of the compact. The state board shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of this Code section.

History. Code 1981, § 20-2-258 , enacted by Ga. L. 2000, p. 618, § 41.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-259. Extended day program for students in grades nine through 12.

The State Board of Education shall establish an extended day program for students in grades nine through 12. Subject to appropriation by the General Assembly, funding for extended day services shall be provided to local school systems through grants calculated as follows:

1. Divide the salary amount for an administrator, as calculated on a ten-month basis, by the base size for the high school general education program (9-12); and
2. Multiply the amount calculated in paragraph (1) of this Code section by the sum of the full-time equivalent program count for the high school general education program (9-12) and the career, technical, and agricultural education laboratory program (9-12).

   Each year the state board shall request funds sufficient to provide for the development and supervision of an extended day program during the regular school year.

History. Code 1981, § 20-2-259 , enacted by Ga. L. 2000, p. 618, § 42; Ga. L. 2013, p. 1061, § 19/HB 283.

Editor’s notes.

Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘A Plus Education Reform Act of 2000.’”

20-2-260. Capital outlay funds generally.

1. It is declared to be the policy of the State of Georgia to assure that every public school student shall be housed in a facility which is structurally sound and well maintained and which has adequate space and equipment to meet each student’s instructional needs as those needs are defined and required by this article.
2. As used in this Code section, the following words or terms shall have the following meanings:
   1. “Addition” refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.
   2. Reserved.
   3. “Capital outlay” includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities.
   4. “Construction project” refers to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes connected thereto, related to educational facilities.
   5. “Educational facilities” shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include: classrooms; libraries; rooms and space for physical education; space for fine arts; restrooms; specialized laboratories; cafeterias; media centers; building equipment; building fixtures; furnishings; career, technical, and agricultural education labs and facilities to support industry credentialing; related exterior facilities; landscaping and paving; and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition and the central and area administrative offices of local units of administration.
   6. “Educational facilities survey” is defined as a systematic study of present educational facilities and a five-year forecast of future needs.
   7. “Entitlement” refers to the maximum portion of the total need that may be funded in a given year.
   8. “Full-time equivalent student count” is defined as the average of the two full-time equivalent counts pursuant to subsection (d) of Code Section 20-2-160 for a school year.

      (8.1) “Industry credentialing” shall have the same meaning as in Code Section 20-2-326.

   9. “Local funds” refers to funds available to local school systems from sources other than state and federal funds except any federal funds designed to replace local tax revenues.
   10. “Local school system’s 1 percent local sales tax wealth” is defined as the funds in dollars generated or which could be generated during the year by a 1 percent sales tax.
   11. “Local wealth factor” is defined as the average of the property tax wealth factor and the sales tax wealth factor. The property tax wealth factor is determined by dividing the local school system’s net equalized adjusted property tax digest per full-time equivalent student by the state-wide net equalized adjusted property tax digest per full-time equivalent student. The sales tax wealth factor is determined by dividing the local school system’s 1 percent local sales tax wealth per full-time equivalent student by the state-wide 1 percent sales tax wealth per full-time equivalent student.
   12. “Net equalized adjusted property tax digest” is defined as the equalized adjusted property tax digest furnished pursuant to Code Section 48-5-274, reduced in accordance with paragraphs (1) and (2) of subsection (a) of Code Section 20-2-164.
   13. “Physical education facility” is defined as any facility which is designed for an instructional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space normally identified to serve only the interscholastic athletic program in which the school may participate.
   14. “Renovation” or “modernization” or both refers to construction projects which consist of the installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations.
   15. “Required local participation” is defined as the amount of funds which must be contributed by local school systems from local funds for each construction project.
   16. “Unhoused students” is defined as those students who are not housed in school facilities which are structurally sound with adequate space as defined by the state board.
3. The State Board of Education shall adopt policies, guidelines, and standards, pursuant to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” that meet the requirements specified in this Code section. The state board’s responsibilities shall include the following:
   1. To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local school system. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; designations for each instructional space in permanent and temporary buildings occupied by designated state approved instructional programs, federal programs, or local programs not required by the state; local property assessment for bond purposes; outstanding school bonds; and buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall annually review, certify the accuracy of, and approve each local school system’s inventory;
   2. To adopt policies, guidelines, and standards for the educational facilities survey required of local school systems. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board of education, the servicing regional educational services agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable by the local board. The state board shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assessment of existing educational facilities; extent of obsolescence of facilities; and recommendations for improvements, expansion, modernization, safety, and energy retrofitting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The state board shall approve or reject the recommendations of the survey team and shall establish appeal procedures for rejected surveys;
   3. To adopt policies, guidelines, and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities which are less than the minimum size specified in subsection (q) of this Code section; and other construction projects needed to house the instructional programs authorized by provisions of this article;
   4. To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per student; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed;
   5. To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Public Health, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans; shall reflect circumstances where rapid population growth is caused by factors not reflected in full-time equivalent student projection research; and shall give priority to elementary school construction. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to full-time equivalent resident students but shall be based on full-time equivalent student counts which include full-time equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract between local school systems and shall also account for properties owned by the Technical College System of Georgia for the purposes of a college and career academy. The full-time equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot and review these schedules annually. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education;
   6. To adopt policies, standards, and guidelines to ensure that the provisions of subsections (e), (f), (g), (h), (i), and (k.1) of this Code section relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, and consolidation of schools across system lines are carried out;
   7. To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve completed construction projects financed in whole or in part with state funds. The state board may designate selected local units of administration which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections;
   8. To coordinate construction project reviews with the state fire marshal’s office and the Department of Public Health;
   9. To provide procedures whereby local school systems may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes in locally identifiable needs, which revisions shall be approved by the State Board of Education, providing that such revisions meet state and local building codes, fire marshal certification, architectural requirements, and minimum size requirements under subsection (q) of this Code section; and
   10. To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of education facilities which are used as schools and that are historic landmarks and which are registered as historic landmarks with the National Register of Historic Places or the Georgia Register of Historic Places or are certified by the state historic preservation officer as eligible for such registration and the expenditure of capital outlay funds otherwise available to a school system for such purposes.
4. In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (g) and (h) of this Code section, each local school system must meet the following conditions and requirements:
   1. Prepare and annually update the real property inventory in accordance with provisions of subsection (c) of this Code section;
   2. Complete a local educational facilities plan in accordance with provisions of subsection (c) of this Code section. Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection (e) of this Code section. Each local school system shall specify the order of importance of all proposed construction projects, giving priority to elementary school construction projects. When two or more local school systems agree on the need for a consolidation project pursuant to subsection (e) of this Code section, the estimated construction cost shall be prorated to the participating local school systems and included with their identification of needs in accordance with the proportion of the number of students to be served from each local school system;
   3. Prepare and annually update the local educational facilities needs in accordance with provisions of subsection (c) of this Code section;
   4. Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional program authorized by this article. Prior to initiating the survey, the local school system must file a written request with the State Board of Education that a survey be done in its behalf and recommending the individuals who will conduct it. The cost of the survey shall be paid from local funds;
   5. Submit requests for capital outlay funds to the Department of Education;
   6. Submit descriptions of proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Education for review and approval in accordance with provisions of subsection (c) of this Code section;
   7. Revise the local educational facilities plan and priority order of requested construction projects in accordance with provisions of subsection (c) of this Code section;
   8. Provide required local participation; and
   9. The Bryan County and Laurens County school systems shall be considered sparsity systems under Code Section 20-2-292 due to barriers which divide each of the systems for the purpose of capital outlay funding. The State Board of Education shall not apply base size criteria or require other criteria under Code Section 20-2-292 to Bryan County and Laurens County when qualifying requested construction projects under this Code section.
5. State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:
   1. To provide construction projects needed because of increased student enrollment or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof to different sites;
   2. To provide construction projects to renovate, modernize, or replace educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments;
   3. To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system;
   4. To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population specified in subsection (q) of this Code section or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites;
   5. To provide construction projects to consolidate the total student populations in elementary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school structure but neither shall such vocational wing be excluded for funding purposes;
   6. To reimburse local school systems for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local school system may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed;
   7. To provide construction projects to renovate or modernize facilities which are historic landmarks and are registered as historic landmarks with the National Register of Historic Places or the Georgia Register of Historic Places or are certified by the state historic preservation officer as eligible for such registration in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments; provided, however, that local school boards shall be required to use the facility which is or is eligible to be a historic landmark as a public school. Notwithstanding any other provisions of this Code section and without regard to location or obsolescence, the state board shall allocate funds to renovate and modernize historic landmark facilities which meet the requirements of this paragraph in an amount which is the lesser of the cost of new construction to replace the historic landmark or the actual cost of such renovation and modernization; provided, however, that the renovated facility has an extended life comparable to that of a new facility; and provided, further, that the local school system shall provide the remaining necessary capital outlay funds to renovate the facility in accordance with all other requirements of this Code section. No lottery proceeds shall be appropriated from the Lottery for Education Account to fund any project or purpose authorized by this paragraph; and
   8. To provide construction projects that serve cooperative efforts between local school systems and postsecondary institutions.
6. The state and each local school system shall provide capital outlay funds for educational facilities in accordance with this subsection as follows:
   1. The required local participation shall be no more than 20 percent nor less than 8 percent of the eligible project cost as determined by the local ability ratio. The local ability ratio is determined by multiplying the local wealth factor by 20 percent; and
   2. The state shall participate in no more than 25 percent of the cost of construction projects related to damage to educational facilities caused by fire or natural disaster.
7. 1. In order to determine a reasonable total funding level for the purposes stated in subsection (e) of this Code section and to establish a fair and equitable distribution of funds to local school systems, the State Board of Education shall annually determine a level of authorization. Starting with fiscal year 2014 applications for funds and for each fiscal year thereafter, the new authorization level may equal zero but shall not exceed $300 million, adjusted annually to reflect the changes in the current annual construction cost data maintained by the Department of Education pursuant to paragraph (4) of subsection (c) of this Code section. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $300 million maximum authorization, adjusted as specified in this paragraph.
   2. In setting the annual authorization level under this subsection, the state board shall consider any previously authorized but unfunded amounts together with the total estimate of funds needed for school facilities in the state. Such total state facilities needs pursuant to this subsection shall be equal to the total facility improvement needs included in the most recent five-year educational facilities plan which has been reviewed by a survey team and approved by the state board. Such needs shall annually be adjusted downward for projects financed by either state or local funds and shall annually be adjusted upward or downward to reflect changes in the full-time equivalent student counts but shall not be otherwise adjusted upward except upon approval of a new or revised five-year plan pursuant to subsections (c) and (d) of this Code section.
   3. Each local school system shall be entitled to a portion of the total authorization set by the state board annually under this subsection based on the ratio of that local school system’s needs as determined pursuant to paragraph (2) of this subsection to the total of all local school systems’ needs. In addition to the annual entitlement, the local school system is eligible to receive any entitlement accrued from previous years for which state funds have not yet been received. Any change in the method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements.
   4. In order to determine the amount of state funds to be requested for a given fiscal year under this subsection, total new and accrued entitlements must be compared to the state portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. Such comparison shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the event that projects requested for funding exceed the total state entitlements and required local participation, local school systems may elect to contribute additional local funding.
   5. The final level of entitlements actually authorized by the state board for a fiscal year shall be that level which is consistent with the appropriations Act for that year.
   6. The entitlements earned by a local school system as of June 30, 2012, pursuant to former subsection (j) of this Code section as it existed on such date shall be combined with any entitlements of such local school system earned pursuant to this subsection.
8. A local school system may receive state capital outlay funds for one construction project under the advance funding category to meet educational facilities needs due to the following:
   1. Extraordinary growth of student population in excess of the capacity of existing facilities;
   2. Destruction of or damage to educational facilities by fire or natural disaster, limited by the provisions of paragraph (2) of subsection (f) of this Code section;
   3. Replacement of educational facilities which have been certified as hazards to health or safety;
   4. Projects, in priority order, which would otherwise require more than five years of the combined annual entitlement and required local participation amounts, estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and
   5. Projects for consolidation of schools across local school system lines which have costs that exceed the combined annual entitlements of the participating local school systems. Such projects shall meet, with the exception of paragraph (2) of this subsection, the following conditions to qualify for advance funding:
      1. The local school systems have specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly;
      2. Annual entitlements accrued under subsection (g) of this Code section have offset any advance funding previously granted, except that no more than five years of combined entitlements of the participating local school systems shall be required to offset advance funding for consolidation projects pursuant to paragraph (5) of subsection (e) of this Code section;
      3. The projects to be funded are not in addition to projects funded for local school systems under the provisions of subsection (g) of this Code section in a given year; and
      4. The required local participation and all other procedural requirements of this Code section are met.
9. Local school systems may receive capital outlay funds for construction projects to consolidate or reorganize schools under an advance funding category; provided, however, that each construction project meets the following conditions:
   1. A school size and organizational study has been completed by the Department of Education;
   2. The local school system has adopted a comprehensive plan to reorganize so that each school within the system funded under this subsection shall meet or exceed the minimum sizes specified in subsection (q) of this Code section or contain all the students within the local school system for the respective school level; provided, however, that nothing contained in this subsection shall be construed so as to require an existing school to change its current grade configuration;
   3. The local facilities plan to implement this reorganization or consolidation of schools has been approved by a comprehensive survey team and the State Board of Education;
   4. The project proposed for advance funding must be accomplished in order for the reorganization or consolidation to be implemented; provided, however, that the proposed project may include renovation and modification of existing facilities, as well as additions to existing facilities and construction of new facilities if the reorganization or consolidation cannot be implemented until these activities have been completed;
   5. The combined project total would otherwise require more than five years of the combined annual entitlement and required local participation, with said combined annual entitlement and required local participation amount estimated in accordance with the total entitlement intended for authorization by the state board;
   6. A schedule for funding the activities required to effect the reorganization or consolidation has been developed as a part of the organizational study, incorporated into the local facilities plan, and approved by the local board of education and the state board, and the funding for those activities required to effect the reorganization or consolidation will be scheduled over a one to five-year period;
   7. The project to be funded is not in addition to projects funded for a given local school system under the provisions of subsection (g) of this Code section for the fiscal year in which it is to be funded; and
   8. The required local participation and all other procedural requirements of this Code section are met.
10. The State Board of Education shall establish an annual competitive grant program for renovation, modernization, replacement, or purchase of equipment for the enhancement of programs that are currently certified or in the process of achieving industry certification in educational facilities that align with industry credentials on the list developed pursuant to Code Section 20-2-159.1 or have been (1) linked to an occupation that addresses a critical local or state-wide workforce need, (2) linked to an occupation that is identified as part of the skilled trade industry, or (3) linked to an occupation that is identified in an emerging field or technology. The State Board of Education in awarding grants shall give priority to local programs that demonstrate local industry support and postsecondary partnerships that are linked to the verified industry need.
11. The State Board of Education shall request separate appropriations for each of the following categories:
    1. Regular entitlements pursuant to subsection (g) of this Code section;
    2. Regular advance funding projects pursuant to paragraphs (1) through (4) of subsection (h) of this Code section;
    3. Construction projects resulting from the consolidation of schools across local school system lines pursuant to paragraph (5) of subsection (h) of this Code section;
    4. Construction projects resulting from merger of local school systems pursuant to subsection (a) of Code Section 20-2-291 or by agreement between two or more local school systems;
    5. Advance funding projects for consolidation or reorganization of schools pursuant to subsection (i) of this Code section; and
    6. Equipment grants to enhance industry credentialing pursuant to subsection (j) of this Code section.
       1. Identification of each school to be closed and location of each new or existing school to which the students in the school or schools to be closed will be reassigned;
       2. Proposed size of each new school in terms of number of students and grade configuration;
       3. Proposed expansion of existing schools designed to accommodate students being reassigned from the school or schools to be closed;
       4. Total cost, including breakdown for state and local shares, for school construction projects required to house students being reassigned from the school or schools to be closed. Local costs shall include identifying proposed sources of funds, whether from bond referendum proceeds or other sources; and
       5. Plans for use or disposal of closed school property; and

    (k.1) Prior to a local board of education’s decision becoming effective to close any existing school where such closing results in the transporting of students from the school to be closed to any new or existing school or schools even though no additional capital funding is required as a result of the assignment thereto of those students from any school to be so closed, the local board of education shall conduct the following:

12. In the event the General Assembly is unable to appropriate the funds needed for a fiscal year to finance the total request of the State Board of Education under this Code section, the following priorities shall apply to the funds appropriated:
    1. Facility projects requested pursuant to subsection (g) of this Code section;
    2. Reserved;
    3. Facility projects requested pursuant to paragraphs (1) through (4) of subsection (h) of this Code section, subject to the following subpriorities:
       1. Facility projects needed to address extraordinary growth;
       2. Facility projects resulting from destruction or damage caused by fire or natural disaster;
       3. Facility projects needed to address hazards to health or safety; and
       4. Facility projects needed for unhoused students;
    4. Facility projects needed to effectuate local school system mergers pursuant to subsection (a) of Code Section 20-2-291;
    5. Facility projects requested pursuant to paragraph (4) of subsection (h) of this Code section, subject to the following subpriorities:
       1. Students housed in substandard or obsolete facilities;
       2. Facility projects designed to consolidate schools smaller than the minimum sizes specified in subsection (q) of this Code section; and
       3. Facility projects designed to meet state board requirements or for modernization;
    6. Facility projects needed to develop schools which will serve students across local school system lines pursuant to subsection (b) of Code Section 20-2-291; and
    7. Facility projects requested pursuant to subsection (i) of this Code section, subject to the same order of subpriorities specified in paragraphs (3) and (5) of this subsection.
13. The State Board of Education shall implement a computerized student projection program for each school system in Georgia as a component of the state-wide comprehensive educational information system.  The program shall be used in this subsection to forecast facility needs in each system by projecting full-time equivalent student counts for each grade level and shall be written in the educational facilities survey.  The projection program methodology at least must correlate live-birth data to full-time equivalent student counts and project full-time equivalent student counts for each of the grades, including kindergarten, for each of the next five years using cohort survival.
14. The State Board of Education shall request funds for capital outlay purposes as defined in subsections (a) through (i) of this Code section for each school system and project, giving priority to elementary school construction projects where practicable. For each project, the state board shall present to the Appropriations Committees of the House of Representatives and the Senate, the House Education Committee, and the Senate Education and Youth Committee by object of expenditure all costs contributing to the construction project. This itemization shall include, but not be limited to, architectural fees, new construction, modification, and renovation costs for the project. Itemization for additions, modifications, and renovations shall include type of classrooms by purpose, estimated square footages, and costs for hallways, restrooms, administrative offices, lunchrooms, and media centers. Costs for new facilities shall be budgeted by the current construction cost times the total square footage required.
15. Reserved.
16. Reserved.
17. Construction projects which are identified by the local board pursuant to subsections (c) and (d) of this Code section and which contain a projected full-time equivalent student count of more than 200 students in an elementary school, 400 students in a middle school, and 500 students in a high school, as defined in subsection (c) of Code Section 20-2-291, or which contain all the students within the local school system for such respective school level shall be eligible to receive full capital outlay funding under the conditions specified in subsections (g), (h), and (i) of this Code section; provided, however, that nothing contained in this subsection shall be construed so as to require an existing school to change its current grade configuration.
18. Reserved.
19. 1. An appropriation for public school outlay for any one fiscal year that is in addition to the annual fiscal year appropriation for school capital outlay will be deemed a “special appropriation for school capital outlay” for purposes of this subsection when:
       1. The appropriation is to the Georgia State Financing and Investment Commission; and
       2. The Office of Planning and Budget confirms that a separate and substantial appropriation for public school capital outlay has been made during the same fiscal year to the board and Department of Education under another subsection of this Code section.
    2. The State Board of Education shall promulgate rules, policies, standards, and guidelines for the disbursement and application of any special appropriation for school capital outlay and these rules, policies, standards, and guidelines shall be utilized by the commission in making disbursements and overseeing applications of said special appropriation. The state board may provide for disbursement for any capital outlay purpose permitted by this Code section, unless purposes are stated more narrowly by the special appropriation, and may provide for amendments to facilities plans for the limited purpose of this paragraph. The board may set priorities among the permitted purposes and may require each school system to apply its portion first to such priorities.
    3. Each local school system shall be entitled to its portion of a special appropriation for school capital outlay based on the ratio of that system’s needs to the total state-wide need. The state board will provide for the determination of need as provided in this subsection and as otherwise provided in this Code section. No need will be authorized which is not a permitted capital outlay purpose under this Code section.
    4. In providing for disbursement, the state board will determine whether:
       1. To require local participation in capital expenditures funded by the special appropriation for school capital outlay. No local participation will be required which exceeds that otherwise required by this Code section; and
       2. To allow a special appropriation for school capital outlay to be applied to reimbursement of current principal payments on local indebtedness.

          In making its determination, the board will consider the efficient and economical use of the special appropriation for school capital outlay and local revenues.

    5. In providing for disbursement and application of a special appropriation for school capital outlay, the state board and the Georgia State Financing and Investment Commission will not be subject to Chapter 13 of Title 50, the “Georgia Administrative Procedure Act.”
20. 1. In the event of destruction or damage to an educational facility caused by fire or natural disaster, if a local school system has insufficient funds to meet its required local participation, the school system may submit a request to the Department of Education for State Board of Education approval to redirect bond proceeds from a project which has not been started or in which a school system has not yet requested the full reimbursement. Such request to redirect shall be submitted by the board to the Georgia State Financing and Investment Commission and the Office of Planning and Budget for approval. If such request is approved, the local school system shall apply for an equivalent amount of funds in the following year to replace the funds advanced to it pursuant to this paragraph.
    2. In the event of destruction or damage to an educational facility caused by a fire or natural disaster in which the majority of the facility is destroyed or damaged, a local school system shall be immediately qualified for and may receive regular state capital outlay funds pursuant to paragraph (1) of subsection (e) of this Code section and regular advance funding pursuant to paragraph (2) of subsection (h) of this Code section for the concurrent update, repair, or replacement of the portion of the facility that was not destroyed or damaged so long as the facility is 20 years old or older.