O.C.G.A. § 20-3-41-2 — GA Code / Title 20 / Chapter 3 / Section 20-3-41-2
Georgia Code Title 20. Education § 20-3-41.2
Status: in_force

(a) Any state, county, or other official is authorized, in his or her discretion, to turn over for permanent preservation in the Division of Archives and History any official books, records, documents, original papers, manuscript files, newspaper files, portraits, and printed volumes not in current use in his or her office. Any record created or received by a state agency, constitutional officer, or Speaker of the House of Representatives in the performance of a public duty or paid for by public funds and certified by the director of the Division of Archives and History as necessary to document the history, organization, functions, policies, decisions, and procedures of the agency or office shall be placed for permanent preservation in the Division of Archives and History when no longer in current use by the agency or officer. The board shall provide for the preservation of said materials; and, when so surrendered, copies thereof shall be made and certified by the director upon the application of any person interested, and such certification shall have the same force and effect as if made by the officers originally in custody of them and for which the same fees shall be charged.

(a) Any state, county, or other official is authorized, in his or her discretion, to turn over for permanent preservation in the Division of Archives and History any official books, records, documents, original papers, manuscript files, newspaper files, portraits, and printed volumes not in current use in his or her office. Any record created or received by a state agency, constitutional officer, or Speaker of the House of Representatives in the performance of a public duty or paid for by public funds and certified by the director of the Division of Archives and History as necessary to document the history, organization, functions, policies, decisions, and procedures of the agency or office shall be placed for permanent preservation in the Division of Archives and History when no longer in current use by the agency or officer. The board shall provide for the preservation of said materials; and, when so surrendered, copies thereof shall be made and certified by the director upon the application of any person interested, and such certification shall have the same force and effect as if made by the officers originally in custody of them and for which the same fees shall be charged.

(b) The Division of Archives and History shall own and operate any equipment necessary to manage and retain control of electronic archival records in its custody but may, at its discretion, contract with third-party entities to provide any or all services related to managing archival records on equipment owned by the contractor, by other third parties, or by the Division of Archives and History.

(b) The Division of Archives and History shall own and operate any equipment necessary to manage and retain control of electronic archival records in its custody but may, at its discretion, contract with third-party entities to provide any or all services related to managing archival records on equipment owned by the contractor, by other third parties, or by the Division of Archives and History.

(c) Personal and official records and papers of the Lieutenant Governor and the Speaker of the House of Representatives shall be exempt from the provisions of subsection (a) of this Code section when such records and papers are deposited in a repository that meets the minimum archival and public access standards promulgated by the Division of Archives and History.

(c) Personal and official records and papers of the Lieutenant Governor and the Speaker of the House of Representatives shall be exempt from the provisions of subsection (a) of this Code section when such records and papers are deposited in a repository that meets the minimum archival and public access standards promulgated by the Division of Archives and History.

(d) As used in this Code section, the term “ constitutional officer ” means any officer enumerated in Article V, Section I, Paragraph I ; Article V, Section I, Paragraph III ; or Article V, Section III, Paragraph I of the Constitution .

(d) As used in this Code section, the term “ constitutional officer ” means any officer enumerated in Article V, Section I, Paragraph I ; Article V, Section I, Paragraph III ; or Article V, Section III, Paragraph I of the Constitution .
O.C.G.A. § 20-3-168 — GA Code / Title 20 / Chapter 3 / Section 20-3-168
Georgia Code Title 20. Education § 20-3-168
Status: in_force

The authority is authorized to provide by resolution for the issue of revenue refunding bonds of the authority for the purpose of refunding any revenue bonds issued under this article and then outstanding, together with accrued interest thereon. The issuance of such revenue refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the authority in respect to such bonds shall be governed by Code Sections 20-3-151 through 20-3-167 insofar as they may be applicable.
O.C.G.A. § 20-11-1 — GA Code / Title 20 / Chapter 11 / Section 20-11-1
Georgia Code Title 20. Education § 20-11-1
Status: in_force

To aid in the promotion of scientific, engineering, and industrial research; to encourage the more complete development and utilization of the natural resources of this state; to advance science, technology, and education; to encourage further industrial and economic development; to provide technical advice and assistance to business and industry; to provide an industrial extension service to meet the technical, informational, and other needs of industry and local development groups; and in order to promote the general welfare of the people of this state through a program of scientific, engineering, and industrial research, there is created at and in connection with the Georgia Institute of Technology a department to be known and designated as the “Georgia Tech Research Institute.” The department shall be composed of a research institute to be located at the Georgia Institute of Technology and such field offices or substations as provided in this chapter.
O.C.G.A. § 20-3-519-10 — GA Code / Title 20 / Chapter 3 / Section 20-3-519-10
Georgia Code Title 20. Education § 20-3-519.10
Status: in_force

A HOPE scholarship and a HOPE grant may be applied to any portion of a student's tuition. In no case shall a HOPE scholarship or HOPE grant exceed a student's tuition.
O.C.G.A. § 20-2-580 — GA Code / Title 20 / Chapter 2 / Section 20-2-580
Georgia Code Title 20. Education § 20-2-580
Status: in_force

This part does not in any way take from the various counties or other governmental units or agencies of the state the authority to issue revenue bonds for a particular purpose.
O.C.G.A. § 20-3-155 — GA Code / Title 20 / Chapter 3 / Section 20-3-155
Georgia Code Title 20. Education § 20-3-155
Status: in_force

The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of principal and interest thereof, which may be at any bank or trust company within or outside the state. The bonds may be issued in coupon or registered form, or both, as the authority may determine; and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.
O.C.G.A. § 20-2-270 — GA Code / Title 20 / Chapter 2 / Section 20-2-270
Georgia Code Title 20. Education § 20-2-270
Status: in_force

(a) The State Board of Education shall establish a state-wide network of regional educational service agencies for the purposes of: providing shared services designed to improve the effectiveness of educational programs and services to local school systems and state charter schools; providing instructional programs directly to selected public school students in the state; and providing Georgia Learning Resources System services. The regional educational service agencies established by the state board may legally be referred to as “RESA” or “RESA's.”

(a) The State Board of Education shall establish a state-wide network of regional educational service agencies for the purposes of: providing shared services designed to improve the effectiveness of educational programs and services to local school systems and state charter schools; providing instructional programs directly to selected public school students in the state; and providing Georgia Learning Resources System services. The regional educational service agencies established by the state board may legally be referred to as “RESA” or “RESA's.”

(b) The State Board of Education shall establish the service area of each regional educational service agency as a geographically defined area of the state. All local school systems, state charter schools, Technical College System of Georgia facilities and institutions, and University System of Georgia facilities and institutions that are located in the designated geographical area shall be members of that regional educational service agency.

(b) The State Board of Education shall establish the service area of each regional educational service agency as a geographically defined area of the state. All local school systems, state charter schools, Technical College System of Georgia facilities and institutions, and University System of Georgia facilities and institutions that are located in the designated geographical area shall be members of that regional educational service agency.

(c) Every state supported postsecondary institution shall be an active member of a regional educational service agency.

(c) Every state supported postsecondary institution shall be an active member of a regional educational service agency.

(d) Each regional educational service agency and its employees shall be subject to or exempt from taxation in the same manner as are school systems and school system employees.

(d) Each regional educational service agency and its employees shall be subject to or exempt from taxation in the same manner as are school systems and school system employees.

(e) All employees and volunteers of a regional educational service agency shall be immune from liability to the same extent as are employees and volunteers of a school system.

(e) All employees and volunteers of a regional educational service agency shall be immune from liability to the same extent as are employees and volunteers of a school system.

(f) Regional educational service agencies are not state agencies but shall be considered local units of administration for purposes of this chapter.

(f) Regional educational service agencies are not state agencies but shall be considered local units of administration for purposes of this chapter.
O.C.G.A. § 20-3-58 — GA Code / Title 20 / Chapter 3 / Section 20-3-58
Georgia Code Title 20. Education § 20-3-58
Status: in_force

(a) The board of regents is authorized to take or damage, by condemnation, private property for public purposes of the university system upon paying or tendering to the owner thereof just compensation. Condemnation proceedings by the board may take the forms provided in Chapter 2 of Title 22.

(a) The board of regents is authorized to take or damage, by condemnation, private property for public purposes of the university system upon paying or tendering to the owner thereof just compensation. Condemnation proceedings by the board may take the forms provided in Chapter 2 of Title 22.

(b)(1) As used in this subsection, the term “public property” has the meaning provided for in Code Section 50-16-180 . (2) The board of regents is also authorized to acquire public property or an interest therein by condemnation and the power of eminent domain when such acquisition is approved by the State Commission on the Condemnation of Public Property as provided in Code Section 50-16-183 . Condemnation proceedings by the board may take the forms provided in Article 3 of Chapter 2 of Title 22.

(b)(1) As used in this subsection, the term “public property” has the meaning provided for in Code Section 50-16-180 .

(b)(1) As used in this subsection, the term “public property” has the meaning provided for in Code Section 50-16-180 .

(2) The board of regents is also authorized to acquire public property or an interest therein by condemnation and the power of eminent domain when such acquisition is approved by the State Commission on the Condemnation of Public Property as provided in Code Section 50-16-183 . Condemnation proceedings by the board may take the forms provided in Article 3 of Chapter 2 of Title 22.

(2) The board of regents is also authorized to acquire public property or an interest therein by condemnation and the power of eminent domain when such acquisition is approved by the State Commission on the Condemnation of Public Property as provided in Code Section 50-16-183 . Condemnation proceedings by the board may take the forms provided in Article 3 of Chapter 2 of Title 22.
O.C.G.A. § 20-2-555 — GA Code / Title 20 / Chapter 2 / Section 20-2-555
Georgia Code Title 20. Education § 20-2-555
Status: in_force

The authority, or any authority or body which has or which may in the future succeed to the powers, duties, and liabilities vested in the authority created by this part, shall have power, at one time or from time to time, to provide by resolution for the issuance of negotiable revenue bonds in an unlimited amount for the purpose of paying all or any part of the cost, as defined in paragraph (3) of subsection (a) of Code Section 20-2-551 , of any one project or combination of projects. The principal and interest, if any, of such revenue bonds shall be payable solely from the special fund provided in this part for such payment. The bonds of each issue shall be dated; shall bear interest, if any, at such rate or rates, payable on a date or dates certain; shall mature at such time or times not exceeding 30 years from their date or dates; shall be payable in such medium of payment as to both principal and interest as may be determined by the authority; and may be made redeemable before maturity, at the option of the authority, at such price or prices and under such terms and conditions as may be fixed by the authority in the resolution provided for the issuance of the bonds.
O.C.G.A. § 20-2-474 — GA Code / Title 20 / Chapter 2 / Section 20-2-474
Georgia Code Title 20. Education § 20-2-474
Status: in_force

Wherever in this subpart it is made the duty, without specific designation, of any official or officials to perform any duty with reference to the issuance, exchange, sale, or retirement of any bonds, such duty is imposed upon the same officials with respect to such duties as are now imposed upon the officers charged with the same duties under the laws of Georgia relating to bonds issued in the first instance. Such officers shall have the same authority and are charged with the same duties with respect to the investment of sinking funds and levying taxes to retire bonds and interest on bonds issued under this subpart as is now provided with respect to the levying of taxes to retire bonds and the creation and administration of sinking funds to retire the bonded indebtedness of any local school district, consolidated school district, or independent school district, where a local tax is levied for school purposes.
O.C.G.A. § 20-3-265 — GA Code / Title 20 / Chapter 3 / Section 20-3-265
Georgia Code Title 20. Education § 20-3-265
Status: in_force

The executive director of the commission, or president, if designated by such title by the board of commissioners, shall serve as the executive director, or president, if designated by such title by the board of directors, and chief executive officer of the corporation. The executive director shall provide for maintenance of accurate and permanent minutes and records of all proceedings and activities of the board of directors and the corporation and have authority and responsibility to implement and carry out all administrative powers, duties, and functions of the corporation in accordance with governing state and federal laws and rules, regulations, and policies prescribed by the board of directors. The treasurer of the commission shall serve as treasurer of the corporation. The treasurer shall receive and disburse all funds made available to or for the use of the corporation by the General Assembly or otherwise in accordance with law and as may be directed by the board of directors. The secretary of the commission shall serve as secretary of the corporation. Other officers of the commission who are assigned duties and responsibilities relative to the purposes of the corporation may be designated as officers of the corporation. The foregoing officers and all other employees, professional personnel, agents, experts, consultants, and persons employed or retained by the commission who are assigned duties and responsibilities relative to the purposes of the corporation shall perform such assigned duties and responsibilities in accordance with the federal act and this part. Fidelity bond coverage of officers, employees, and members of the commission provided pursuant to paragraph (4) of Code Section 20-3-235 and covering such persons who are performing duties and responsibilities relative to the corporation pursuant to this part shall also be conditioned as to the insured and in such respects and for such sums as the board of directors determines necessary to protect the interests of the corporation.
O.C.G.A. § 20-3-78 — GA Code / Title 20 / Chapter 3 / Section 20-3-78
Georgia Code Title 20. Education § 20-3-78
Status: in_force

The athletic associations of the University of Georgia and the Georgia Institute of Technology and the athletic associations of any other branch of the university system are corporations, incorporated under charter by the superior court of the county in which each association is located or as otherwise incorporated pursuant to the laws of this state.
O.C.G.A. § 20-5-64 — GA Code / Title 20 / Chapter 5 / Section 20-5-64
Georgia Code Title 20. Education § 20-5-64
Status: in_force

The board of regents shall appoint an officer of this state to be the compact administrator pursuant to Article X of the compact. The board of regents shall also appoint one or more deputy compact administrators pursuant to such article.
O.C.G.A. § 20-4-24 — GA Code / Title 20 / Chapter 4 / Section 20-4-24
Georgia Code Title 20. Education § 20-4-24
Status: in_force

Except where prohibited by federal law, rules, or regulations or rules, regulations, or policies of the State Board of the Technical College System of Georgia, local units of administration shall be authorized to utilize personnel funded under this article to administer and coordinate community education programs and activities as well as to execute their assigned duties and responsibilities related to adult literacy education.
O.C.G.A. § 20-14-45 — GA Code / Title 20 / Chapter 14 / Section 20-14-45
Georgia Code Title 20. Education § 20-14-45
Status: in_force

(a) As used in this Code section, the term “ turnaround eligible schools ” means the 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.

(a) As used in this Code section, the term “ turnaround eligible schools ” means the 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.

(b) The Chief Turnaround Officer, in conjunction with the State School Superintendent and the Office of Student Achievement, shall annually identify the lowest-performing schools that are deemed as having the greatest need for assistance based on a list of turnaround eligible schools prepared annually by the Office of Student Achievement. If the Chief Turnaround Officer, after consulting with the State School Superintendent, determines that the capacity and resources available to the Chief Turnaround Officer and to the Department of Education are insufficient to serve all schools on the turnaround eligible schools list, the Chief Turnaround Officer may select a subset of such schools based on the following factors: (1) Whether the school's rating has been improving or declining over the previous three years, based on the state-wide accountability system; (2) Whether the contract for strategic waivers school systems or the charter for charter systems adequately addresses the school's deficiencies; (3) Whether the school is in a local school system with a recent accreditation report showing deficiencies in system level governance, school level leadership, system and school level resource utilization, or school level achievement, including the areas of reading and mathematics proficiencies; (4) Whether the school is located in a local school system in which one-half or more of the schools are on the turnaround eligible schools list for the fifth or more consecutive year; (5) Whether the school is in close proximity to a school that will be served pursuant to paragraphs (1), (2), (3), or (4) of this subsection; and (6) Any other factors deemed appropriate by the Chief Turnaround Officer.

(b) The Chief Turnaround Officer, in conjunction with the State School Superintendent and the Office of Student Achievement, shall annually identify the lowest-performing schools that are deemed as having the greatest need for assistance based on a list of turnaround eligible schools prepared annually by the Office of Student Achievement. If the Chief Turnaround Officer, after consulting with the State School Superintendent, determines that the capacity and resources available to the Chief Turnaround Officer and to the Department of Education are insufficient to serve all schools on the turnaround eligible schools list, the Chief Turnaround Officer may select a subset of such schools based on the following factors:

(1) Whether the school's rating has been improving or declining over the previous three years, based on the state-wide accountability system;

(1) Whether the school's rating has been improving or declining over the previous three years, based on the state-wide accountability system;

(2) Whether the contract for strategic waivers school systems or the charter for charter systems adequately addresses the school's deficiencies;

(2) Whether the contract for strategic waivers school systems or the charter for charter systems adequately addresses the school's deficiencies;

(3) Whether the school is in a local school system with a recent accreditation report showing deficiencies in system level governance, school level leadership, system and school level resource utilization, or school level achievement, including the areas of reading and mathematics proficiencies;

(3) Whether the school is in a local school system with a recent accreditation report showing deficiencies in system level governance, school level leadership, system and school level resource utilization, or school level achievement, including the areas of reading and mathematics proficiencies;

(4) Whether the school is located in a local school system in which one-half or more of the schools are on the turnaround eligible schools list for the fifth or more consecutive year;

(4) Whether the school is located in a local school system in which one-half or more of the schools are on the turnaround eligible schools list for the fifth or more consecutive year;

(5) Whether the school is in close proximity to a school that will be served pursuant to paragraphs (1), (2), (3), or (4) of this subsection; and

(5) Whether the school is in close proximity to a school that will be served pursuant to paragraphs (1), (2), (3), or (4) of this subsection; and

(6) Any other factors deemed appropriate by the Chief Turnaround Officer.

(6) Any other factors deemed appropriate by the Chief Turnaround Officer.

(c) The Chief Turnaround Officer shall extend an opportunity to the local boards of education for each school identified pursuant to subsection (b) of this Code section to amend the contract entered into pursuant to Code Section 20-2-83 for strategic waivers school systems or to amend the charter, for charter systems. The amendment shall be for the purposes of agreeing to receive assistance pursuant to this part for such identified school or schools. For any such local board of education that is offered the opportunity to amend its system contract or charter but that does not sign an amendment within 60 days of being offered the amendment or that declines to sign an amendment, the State Board of Education shall within 60 days either implement one or more of the interventions contained in paragraph (6) of subsection (a) of Code Section 20-14-41 for such school or terminate the system contract or charter as allowed by the terms of such contract or charter.

(c) The Chief Turnaround Officer shall extend an opportunity to the local boards of education for each school identified pursuant to subsection (b) of this Code section to amend the contract entered into pursuant to Code Section 20-2-83 for strategic waivers school systems or to amend the charter, for charter systems. The amendment shall be for the purposes of agreeing to receive assistance pursuant to this part for such identified school or schools. For any such local board of education that is offered the opportunity to amend its system contract or charter but that does not sign an amendment within 60 days of being offered the amendment or that declines to sign an amendment, the State Board of Education shall within 60 days either implement one or more of the interventions contained in paragraph (6) of subsection (a) of Code Section 20-14-41 for such school or terminate the system contract or charter as allowed by the terms of such contract or charter.

(d) For any local school system that is not a charter system or a strategic waivers school system, the Chief Turnaround Officer shall extend an opportunity to the local board of education for each school identified pursuant to subsection (b) of this Code section to enter into an intervention contract for the purposes of agreeing to receive assistance pursuant to Code Section 20-14-46 for such identified school or schools. For any such local board of education that is offered the opportunity to enter into an intervention contract but that declines, the State Board of Education shall immediately implement one or more of the interventions contained in paragraph (6) of subsection (a) of Code Section 20-14-41 for such school.

(d) For any local school system that is not a charter system or a strategic waivers school system, the Chief Turnaround Officer shall extend an opportunity to the local board of education for each school identified pursuant to subsection (b) of this Code section to enter into an intervention contract for the purposes of agreeing to receive assistance pursuant to Code Section 20-14-46 for such identified school or schools. For any such local board of education that is offered the opportunity to enter into an intervention contract but that declines, the State Board of Education shall immediately implement one or more of the interventions contained in paragraph (6) of subsection (a) of Code Section 20-14-41 for such school.

(e) For any school on the turnaround eligible school list which is not selected as part of the subset of schools to be assisted by the Chief Turnaround Officer due to insufficient capacity and resources, the Department of Education's school improvement division, shall begin or continue focused supports and a pre-diagnostic review utilizing all relevant data held at the state level as it relates to the local school system and school, including financial audits, funding allotments, federal funds, state assessment data, and the most recent local school system accreditation report regarding system level governance and leadership, resource utilization, teaching and learning effectiveness, and academic achievement.

(e) For any school on the turnaround eligible school list which is not selected as part of the subset of schools to be assisted by the Chief Turnaround Officer due to insufficient capacity and resources, the Department of Education's school improvement division, shall begin or continue focused supports and a pre-diagnostic review utilizing all relevant data held at the state level as it relates to the local school system and school, including financial audits, funding allotments, federal funds, state assessment data, and the most recent local school system accreditation report regarding system level governance and leadership, resource utilization, teaching and learning effectiveness, and academic achievement.
O.C.G.A. § 20-2-699 — GA Code / Title 20 / Chapter 2 / Section 20-2-699
Georgia Code Title 20. Education § 20-2-699
Status: in_force

Any person assuming temporary custody of a child pursuant to Code Section 20-2-698 shall immediately deliver the child either to the parent, guardian, or other person having control or charge of the child or to the school from which the child is absent, or if the child is found to have been adjudged a delinquent child or a child in need of services, the person shall cause the child to be brought before the juvenile probation officer or community supervision officer of the county having jurisdiction over such child.
O.C.G.A. § 20-3-634 — GA Code / Title 20 / Chapter 3 / Section 20-3-634
Georgia Code Title 20. Education § 20-3-634
Status: in_force

(a) The plan, through one or more programs, shall make savings trust agreements and savings trust accounts available to the public, under which account owners or account contributors may make contributions on behalf of qualified beneficiaries. Contributions and investment earnings on the contributions may be used for any qualified higher educational expenses of a designated beneficiary. The state shall not guarantee that such contributions, together with the investment return on such contributions, if any, will be adequate to pay for qualified education expenses in full. Savings trust agreements shall be available to both residents of the State of Georgia and nonresidents of the State of Georgia. One or more savings trust accounts may be established for any qualified beneficiary, subject to the limitations of this article.

(a) The plan, through one or more programs, shall make savings trust agreements and savings trust accounts available to the public, under which account owners or account contributors may make contributions on behalf of qualified beneficiaries. Contributions and investment earnings on the contributions may be used for any qualified higher educational expenses of a designated beneficiary. The state shall not guarantee that such contributions, together with the investment return on such contributions, if any, will be adequate to pay for qualified education expenses in full. Savings trust agreements shall be available to both residents of the State of Georgia and nonresidents of the State of Georgia. One or more savings trust accounts may be established for any qualified beneficiary, subject to the limitations of this article.

(b) Each savings trust agreement made pursuant to this article shall include the following terms and provisions: (1) The maximum and minimum contribution allowed on behalf of each beneficiary for the payment of qualified higher education expenses at eligible institutions as defined in Section 529 of the Internal Revenue Code of 1986 or other applicable federal law; provided, however, that no additional contributions may be made to a savings trust account when the total account balance for all accounts for the beneficiary equals or exceeds $235,000.00; (2) Provisions for assessment and collection of reasonable fees which shall be charged to cover the administration of the account; (3) Provisions for withdrawals, refunds, rollovers, transfers, and any penalties. An account owner may roll over all or part of any balance in an account to an account established on behalf of a different beneficiary to the extent allowed by Section 529 of the Internal Revenue Code . Unqualified withdrawals of contributions and earnings shall be subject to such penalties or taxation as may be imposed by the Internal Revenue Code. At its discretion, the board may impose additional penalties on unqualified withdrawals to be used by the plan to defray expenses; provided, however, that no such penalty shall apply to any withdrawal that does not require a penalty or tax surcharge under the Internal Revenue Code of 1986; (4) The name, address, and date of birth of the beneficiary on whose behalf the savings trust account is opened; (5) Terms and conditions for a substitution of the beneficiary originally named; (6) Terms and conditions for termination of the account, including any refunds, withdrawals, or transfers, applicable penalties, and the name of the person or persons entitled to terminate the account; (7) All other rights and obligations of the account owner or account contributor and the trust fund; and (8) Any other terms and conditions that the board deems necessary or appropriate, including without limitation those necessary to conform the savings trust account with the requirements of Section 529 of the Internal Revenue Code of 1986 or other applicable federal law.

(b) Each savings trust agreement made pursuant to this article shall include the following terms and provisions:

(1) The maximum and minimum contribution allowed on behalf of each beneficiary for the payment of qualified higher education expenses at eligible institutions as defined in Section 529 of the Internal Revenue Code of 1986 or other applicable federal law; provided, however, that no additional contributions may be made to a savings trust account when the total account balance for all accounts for the beneficiary equals or exceeds $235,000.00;

(1) The maximum and minimum contribution allowed on behalf of each beneficiary for the payment of qualified higher education expenses at eligible institutions as defined in Section 529 of the Internal Revenue Code of 1986 or other applicable federal law; provided, however, that no additional contributions may be made to a savings trust account when the total account balance for all accounts for the beneficiary equals or exceeds $235,000.00;

(2) Provisions for assessment and collection of reasonable fees which shall be charged to cover the administration of the account;

(2) Provisions for assessment and collection of reasonable fees which shall be charged to cover the administration of the account;

(3) Provisions for withdrawals, refunds, rollovers, transfers, and any penalties. An account owner may roll over all or part of any balance in an account to an account established on behalf of a different beneficiary to the extent allowed by Section 529 of the Internal Revenue Code . Unqualified withdrawals of contributions and earnings shall be subject to such penalties or taxation as may be imposed by the Internal Revenue Code. At its discretion, the board may impose additional penalties on unqualified withdrawals to be used by the plan to defray expenses; provided, however, that no such penalty shall apply to any withdrawal that does not require a penalty or tax surcharge under the Internal Revenue Code of 1986;

(3) Provisions for withdrawals, refunds, rollovers, transfers, and any penalties. An account owner may roll over all or part of any balance in an account to an account established on behalf of a different beneficiary to the extent allowed by Section 529 of the Internal Revenue Code . Unqualified withdrawals of contributions and earnings shall be subject to such penalties or taxation as may be imposed by the Internal Revenue Code. At its discretion, the board may impose additional penalties on unqualified withdrawals to be used by the plan to defray expenses; provided, however, that no such penalty shall apply to any withdrawal that does not require a penalty or tax surcharge under the Internal Revenue Code of 1986;

(4) The name, address, and date of birth of the beneficiary on whose behalf the savings trust account is opened;

(4) The name, address, and date of birth of the beneficiary on whose behalf the savings trust account is opened;

(5) Terms and conditions for a substitution of the beneficiary originally named;

(5) Terms and conditions for a substitution of the beneficiary originally named;

(6) Terms and conditions for termination of the account, including any refunds, withdrawals, or transfers, applicable penalties, and the name of the person or persons entitled to terminate the account;

(6) Terms and conditions for termination of the account, including any refunds, withdrawals, or transfers, applicable penalties, and the name of the person or persons entitled to terminate the account;

(7) All other rights and obligations of the account owner or account contributor and the trust fund; and

(7) All other rights and obligations of the account owner or account contributor and the trust fund; and

(8) Any other terms and conditions that the board deems necessary or appropriate, including without limitation those necessary to conform the savings trust account with the requirements of Section 529 of the Internal Revenue Code of 1986 or other applicable federal law.

(8) Any other terms and conditions that the board deems necessary or appropriate, including without limitation those necessary to conform the savings trust account with the requirements of Section 529 of the Internal Revenue Code of 1986 or other applicable federal law.
O.C.G.A. § 20-2-109 — GA Code / Title 20 / Chapter 2 / Section 20-2-109
Georgia Code Title 20. Education § 20-2-109
Status: in_force

(a) 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.

(a) 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.

(b) 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.

(b) 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.
O.C.G.A. § 20-3-494 — GA Code / Title 20 / Chapter 3 / Section 20-3-494
Georgia Code Title 20. Education § 20-3-494
Status: in_force

(a) As used in this subpart, the term: (1) “ Authorized IPSE program ” means an inclusive postsecondary education (IPSE) program for students with intellectual disabilities that has been authorized by the Georgia Student Finance Authority for the purposes of awarding IPSE grants to eligible students. (2) “ Intellectual disability ” means a person: (A) With a cognitive impairment, characterized by significant limitations in: (i) Intellectual and cognitive functioning; and (ii) Adaptive behavior as expressed in conceptual, social, and practical adaptive skills; and (B) Who is currently, or was formerly, eligible for a free appropriate public education under the Individuals with Disabilities Education Act. (3) “ IPSE grant ” means an inclusive postsecondary education (IPSE) grant for education awarded in accordance with this subpart. (4) “ Qualified postsecondary institution ” means a unit of the University System of Georgia or a unit of the Technical College System of Georgia that offers an authorized IPSE program.

(a) As used in this subpart, the term:

(1) “ Authorized IPSE program ” means an inclusive postsecondary education (IPSE) program for students with intellectual disabilities that has been authorized by the Georgia Student Finance Authority for the purposes of awarding IPSE grants to eligible students.

(1) “ Authorized IPSE program ” means an inclusive postsecondary education (IPSE) program for students with intellectual disabilities that has been authorized by the Georgia Student Finance Authority for the purposes of awarding IPSE grants to eligible students.

(2) “ Intellectual disability ” means a person: (A) With a cognitive impairment, characterized by significant limitations in: (i) Intellectual and cognitive functioning; and (ii) Adaptive behavior as expressed in conceptual, social, and practical adaptive skills; and (B) Who is currently, or was formerly, eligible for a free appropriate public education under the Individuals with Disabilities Education Act.

(2) “ Intellectual disability ” means a person:

(A) With a cognitive impairment, characterized by significant limitations in: (i) Intellectual and cognitive functioning; and (ii) Adaptive behavior as expressed in conceptual, social, and practical adaptive skills; and

(A) With a cognitive impairment, characterized by significant limitations in:

(i) Intellectual and cognitive functioning; and

(i) Intellectual and cognitive functioning; and

(ii) Adaptive behavior as expressed in conceptual, social, and practical adaptive skills; and

(ii) Adaptive behavior as expressed in conceptual, social, and practical adaptive skills; and

(B) Who is currently, or was formerly, eligible for a free appropriate public education under the Individuals with Disabilities Education Act.

(B) Who is currently, or was formerly, eligible for a free appropriate public education under the Individuals with Disabilities Education Act.

(3) “ IPSE grant ” means an inclusive postsecondary education (IPSE) grant for education awarded in accordance with this subpart.

(3) “ IPSE grant ” means an inclusive postsecondary education (IPSE) grant for education awarded in accordance with this subpart.

(4) “ Qualified postsecondary institution ” means a unit of the University System of Georgia or a unit of the Technical College System of Georgia that offers an authorized IPSE program.

(4) “ Qualified postsecondary institution ” means a unit of the University System of Georgia or a unit of the Technical College System of Georgia that offers an authorized IPSE program.

(b) To be eligible for an IPSE grant, a student shall: (1) Meet the requirements provided for in paragraph (1) of subsection (a) and subsection (b) of Code Section 20-3-519.1 ; and (2) Meet enrollment standards by being admitted and enrolled in an authorized IPSE program at a qualified postsecondary institution.

(b) To be eligible for an IPSE grant, a student shall:

(1) Meet the requirements provided for in paragraph (1) of subsection (a) and subsection (b) of Code Section 20-3-519.1 ; and

(1) Meet the requirements provided for in paragraph (1) of subsection (a) and subsection (b) of Code Section 20-3-519.1 ; and

(2) Meet enrollment standards by being admitted and enrolled in an authorized IPSE program at a qualified postsecondary institution.

(2) Meet enrollment standards by being admitted and enrolled in an authorized IPSE program at a qualified postsecondary institution.

(c) Subject to the amount of funds appropriated by the General Assembly and other available funding, eligible students enrolled in an authorized IPSE program on or before July 1, 2028: (1) Shall receive an IPSE grant in an amount equal to the current academic year standard undergraduate tuition amount at each such student's respective qualified postsecondary institution; and (2) May receive an additional IPSE grant in an amount not to exceed the fees charged for the current academic year for each student's respective IPSE program.

(c) Subject to the amount of funds appropriated by the General Assembly and other available funding, eligible students enrolled in an authorized IPSE program on or before July 1, 2028:

(1) Shall receive an IPSE grant in an amount equal to the current academic year standard undergraduate tuition amount at each such student's respective qualified postsecondary institution; and

(1) Shall receive an IPSE grant in an amount equal to the current academic year standard undergraduate tuition amount at each such student's respective qualified postsecondary institution; and

(2) May receive an additional IPSE grant in an amount not to exceed the fees charged for the current academic year for each student's respective IPSE program.

(2) May receive an additional IPSE grant in an amount not to exceed the fees charged for the current academic year for each student's respective IPSE program.

(d) The Georgia Student Finance Authority, in collaboration with the University System of Georgia, the Technical College System of Georgia, and the Georgia Council on Developmental Disabilities, shall define such terms and conditions and establish such policies, procedures, rules, and regulations as are reasonable and necessary for the implementation of this subpart, which shall include, but shall not be limited to, requirements that each authorized IPSE program shall: (1) Serve students with intellectual disabilities; (2) Require that a participating student be enrolled in courses with non-disabled peers for at least 50 percent of the courses in which such participating student is enrolled as part of an authorized IPSE program; (3) Provide individual supports and services for the academic and social inclusion of students with intellectual disabilities in academic courses, extracurricular activities, and other aspects of the qualified postsecondary institution's regular postsecondary program; (4) With respect to students with intellectual disabilities participating in the authorized IPSE program, provide a focus on: (A) Academic enrichment; (B) Socialization; (C) Independent living skills, including self-advocacy skills; and (D) Integrated work experiences and career skills that lead to gainful employment; (5) Integrate person centered planning in the development of the course of study for each student with an intellectual disability participating in the authorized IPSE program; (6) Create and offer a meaningful credential for students with intellectual disabilities upon the completion of the authorized IPSE program; and (7) Participate with the Georgia Student Finance Authority, the University System of Georgia, the Technical College System of Georgia, and the Georgia Council on Developmental Disabilities in the evaluation of the authorized IPSE program.

(d) The Georgia Student Finance Authority, in collaboration with the University System of Georgia, the Technical College System of Georgia, and the Georgia Council on Developmental Disabilities, shall define such terms and conditions and establish such policies, procedures, rules, and regulations as are reasonable and necessary for the implementation of this subpart, which shall include, but shall not be limited to, requirements that each authorized IPSE program shall:

(1) Serve students with intellectual disabilities;

(1) Serve students with intellectual disabilities;

(2) Require that a participating student be enrolled in courses with non-disabled peers for at least 50 percent of the courses in which such participating student is enrolled as part of an authorized IPSE program;

(2) Require that a participating student be enrolled in courses with non-disabled peers for at least 50 percent of the courses in which such participating student is enrolled as part of an authorized IPSE program;

(3) Provide individual supports and services for the academic and social inclusion of students with intellectual disabilities in academic courses, extracurricular activities, and other aspects of the qualified postsecondary institution's regular postsecondary program;

(3) Provide individual supports and services for the academic and social inclusion of students with intellectual disabilities in academic courses, extracurricular activities, and other aspects of the qualified postsecondary institution's regular postsecondary program;

(4) With respect to students with intellectual disabilities participating in the authorized IPSE program, provide a focus on: (A) Academic enrichment; (B) Socialization; (C) Independent living skills, including self-advocacy skills; and (D) Integrated work experiences and career skills that lead to gainful employment;

(4) With respect to students with intellectual disabilities participating in the authorized IPSE program, provide a focus on:

(A) Academic enrichment;

(A) Academic enrichment;

(B) Socialization;

(B) Socialization;

(C) Independent living skills, including self-advocacy skills; and

(C) Independent living skills, including self-advocacy skills; and

(D) Integrated work experiences and career skills that lead to gainful employment;

(D) Integrated work experiences and career skills that lead to gainful employment;

(5) Integrate person centered planning in the development of the course of study for each student with an intellectual disability participating in the authorized IPSE program;

(5) Integrate person centered planning in the development of the course of study for each student with an intellectual disability participating in the authorized IPSE program;

(6) Create and offer a meaningful credential for students with intellectual disabilities upon the completion of the authorized IPSE program; and

(6) Create and offer a meaningful credential for students with intellectual disabilities upon the completion of the authorized IPSE program; and

(7) Participate with the Georgia Student Finance Authority, the University System of Georgia, the Technical College System of Georgia, and the Georgia Council on Developmental Disabilities in the evaluation of the authorized IPSE program.

(7) Participate with the Georgia Student Finance Authority, the University System of Georgia, the Technical College System of Georgia, and the Georgia Council on Developmental Disabilities in the evaluation of the authorized IPSE program.
O.C.G.A. § 20-3-499-4 — GA Code / Title 20 / Chapter 3 / Section 20-3-499-4
Georgia Code Title 20. Education § 20-3-499.4
Status: in_force

The authority shall develop rules, guidelines, application forms, and application procedures necessary to implement the provisions of this part.
O.C.G.A. § 20-3-250-3 — GA Code / Title 20 / Chapter 3 / Section 20-3-250-3
Georgia Code Title 20. Education § 20-3-250.3
Status: in_force

(a) The following education and postsecondary educational institutions shall be exempted from this part except as expressly provided to the contrary and upon qualification with the commission pursuant to subsection (e) of this Code section: (1) Institutions exclusively offering instruction at any or all levels from preschool through the twelfth grade regardless of the age of the student; (2) Education sponsored by a bona fide trade, business, professional, or fraternal organization, so recognized by the commission in its sole discretion, not for granting degrees and solely for that organization's membership or offered on a no-fee basis, or developed and licensed by an industry recognized certification provider, so recognized by the commission in its sole discretion, not for granting degrees; (3) Education solely avocational or recreational in nature, or short courses, as determined by the commission in its sole discretion, and institutions offering such education not for granting degrees; (4) Postsecondary educational institutions established, operated, governed, or licensed by this state, its agencies, or its political subdivisions, as determined by the commission; (5) Any flight school which holds an applicable federal air agency certificate issued by the administrator of the Federal Aviation Administration; (6) Nonpublic, nonprofit, postsecondary educational institutions which demonstrate annually to the satisfaction of the commission that their purposes are solely to provide programs of study in theology, divinity, religious education, and ministerial training, and that they do not grant postsecondary degrees of a nonreligious nature and that such institutions: (A) Accept no federal or state funds; and (B) Accept no student who has a federal or state education loan to attend such institutions; (7) Subject to the requirements of subsection (c) of Code Section 20-3-250.6 , any nonpublic law school accredited by the American Bar Association whose principal office and campus are located in this state and which is not qualified for exemption under any other paragraph of this subsection; provided, however, that any such nonpublic law school shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such nonpublic law school as a prerequisite for such nonpublic law school's acceptance of federal student financial aid funds; and provided, further, that the designation provided under this paragraph shall be provided solely to the extent necessary for institutional compliance of such nonpublic law school with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition; (8) Nonpublic postsecondary educational institutions conducting postsecondary activity on campuses located on the premises of military installations or bases located in this state, unless the Department of Defense expressly requires the commission to inspect and authorize such institution; (9) A school where the sole purpose of the instructional program is review or preparation for a specific occupational examination recognized by a government agency or bona fide trade, business, or fraternal organization and where the student's occupational training received from another school or through employment experience already makes the student eligible to sit for the examination; (10) Subject to the requirements of subsection (c) of Code Section 20-3-250.6 , any nonpublic, nonprofit college or university granting baccalaureate degrees whose principal office and campus are located in this state and its related graduate and professional programs, which have been in existence ten or more years as a nonpublic, nonprofit college or university and is accredited by a national or regional accrediting agency recognized by the United States Department of Education; provided, however, that such nonpublic, nonprofit college or university shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such nonpublic, nonprofit college or university as a prerequisite for such nonpublic, nonprofit college's or university's acceptance of federal student financial aid funds; and provided, further, that the designation provided for under this paragraph shall be provided solely to the extent necessary for institutional compliance of such nonpublic, nonprofit college or university with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition; (11) Subject to the requirements of subsection (c) of Code Section 20-3-250.6 , any liberal arts college or university whose principal office and campus are located in this state and its related graduate and professional programs, if any, which was chartered prior to 1955 as a nonpublic, nonprofit, degree-granting institution, provided that it is accredited by a regional or national accrediting agency recognized by the United States Department of Education; and provided, further, that such liberal arts college or university shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such liberal arts college or university as a prerequisite for such liberal arts college's or university's acceptance of federal financial aid funds; and provided, further, that the designation provided for under this paragraph shall be provided solely to the extent necessary for institutional compliance of such liberal arts college or university with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition; (12) Any institution offering only education or training in income tax theory or income tax return preparation when the total contract price for such education or training does not exceed $1,000.00, provided that the total charges incurred by any student for all instruction, other than instruction which is solely avocational or recreational in nature as provided in paragraph (3) of this subsection, do not exceed $1,000.00 in any one calendar year; (13) Subject to the requirements of subsection (c) of Code Section 20-3-250.6 , any: (A) Nonpublic medical school accredited by the Liaison Committee on Medical Education and a national or regional accrediting agency recognized by the United States Department of Education; or (B) Nonpublic orthodontic school and residency program accredited by the Commission on Dental Accreditation of the American Dental Association and sponsored by: (i) A hospital that is accredited by a national accrediting agency recognized by the Center for Medicare and Medicaid services; or (ii) A postsecondary educational institution that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; provided, however that any orthodontic school and residency program meeting the requirements of this subparagraph after March 1, 2019, shall be required to maintain and to provide proof of a surety bond or letter of credit annually to the commission in an amount of $450,000.00 for five years after the date from qualification for the exemption provided for in this subsection; and (14) Any college or university that confers both associate and baccalaureate or higher degrees, that is accredited by the Southern Association of Colleges and Schools, College Division, that is operated in a proprietary status or that if previously exempt under this subsection as a proprietary institution has subsequently changed to operate in a nonprofit status, that provides a $200,000.00 surety bond, and that contributes to the Tuition Guaranty Trust Fund pursuant to Code Section 20-3-250.27 ; provided, however, that such college or university shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such college or university as a prerequisite for such college's or university's acceptance of federal student financial aid funds; and provided, further, that the designation provided for under this paragraph shall be provided solely to the extent necessary for institutional compliance of such college or university with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition.

(a) The following education and postsecondary educational institutions shall be exempted from this part except as expressly provided to the contrary and upon qualification with the commission pursuant to subsection (e) of this Code section:

(1) Institutions exclusively offering instruction at any or all levels from preschool through the twelfth grade regardless of the age of the student;

(1) Institutions exclusively offering instruction at any or all levels from preschool through the twelfth grade regardless of the age of the student;

(2) Education sponsored by a bona fide trade, business, professional, or fraternal organization, so recognized by the commission in its sole discretion, not for granting degrees and solely for that organization's membership or offered on a no-fee basis, or developed and licensed by an industry recognized certification provider, so recognized by the commission in its sole discretion, not for granting degrees;

(2) Education sponsored by a bona fide trade, business, professional, or fraternal organization, so recognized by the commission in its sole discretion, not for granting degrees and solely for that organization's membership or offered on a no-fee basis, or developed and licensed by an industry recognized certification provider, so recognized by the commission in its sole discretion, not for granting degrees;

(3) Education solely avocational or recreational in nature, or short courses, as determined by the commission in its sole discretion, and institutions offering such education not for granting degrees;

(3) Education solely avocational or recreational in nature, or short courses, as determined by the commission in its sole discretion, and institutions offering such education not for granting degrees;

(4) Postsecondary educational institutions established, operated, governed, or licensed by this state, its agencies, or its political subdivisions, as determined by the commission;

(4) Postsecondary educational institutions established, operated, governed, or licensed by this state, its agencies, or its political subdivisions, as determined by the commission;

(5) Any flight school which holds an applicable federal air agency certificate issued by the administrator of the Federal Aviation Administration;

(5) Any flight school which holds an applicable federal air agency certificate issued by the administrator of the Federal Aviation Administration;

(6) Nonpublic, nonprofit, postsecondary educational institutions which demonstrate annually to the satisfaction of the commission that their purposes are solely to provide programs of study in theology, divinity, religious education, and ministerial training, and that they do not grant postsecondary degrees of a nonreligious nature and that such institutions: (A) Accept no federal or state funds; and (B) Accept no student who has a federal or state education loan to attend such institutions;

(6) Nonpublic, nonprofit, postsecondary educational institutions which demonstrate annually to the satisfaction of the commission that their purposes are solely to provide programs of study in theology, divinity, religious education, and ministerial training, and that they do not grant postsecondary degrees of a nonreligious nature and that such institutions:

(A) Accept no federal or state funds; and

(A) Accept no federal or state funds; and

(B) Accept no student who has a federal or state education loan to attend such institutions;

(B) Accept no student who has a federal or state education loan to attend such institutions;

(7) Subject to the requirements of subsection (c) of Code Section 20-3-250.6 , any nonpublic law school accredited by the American Bar Association whose principal office and campus are located in this state and which is not qualified for exemption under any other paragraph of this subsection; provided, however, that any such nonpublic law school shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such nonpublic law school as a prerequisite for such nonpublic law school's acceptance of federal student financial aid funds; and provided, further, that the designation provided under this paragraph shall be provided solely to the extent necessary for institutional compliance of such nonpublic law school with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition;

(7) Subject to the requirements of subsection (c) of Code Section 20-3-250.6 , any nonpublic law school accredited by the American Bar Association whose principal office and campus are located in this state and which is not qualified for exemption under any other paragraph of this subsection; provided, however, that any such nonpublic law school shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such nonpublic law school as a prerequisite for such nonpublic law school's acceptance of federal student financial aid funds; and provided, further, that the designation provided under this paragraph shall be provided solely to the extent necessary for institutional compliance of such nonpublic law school with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition;

(8) Nonpublic postsecondary educational institutions conducting postsecondary activity on campuses located on the premises of military installations or bases located in this state, unless the Department of Defense expressly requires the commission to inspect and authorize such institution;

(8) Nonpublic postsecondary educational institutions conducting postsecondary activity on campuses located on the premises of military installations or bases located in this state, unless the Department of Defense expressly requires the commission to inspect and authorize such institution;

(9) A school where the sole purpose of the instructional program is review or preparation for a specific occupational examination recognized by a government agency or bona fide trade, business, or fraternal organization and where the student's occupational training received from another school or through employment experience already makes the student eligible to sit for the examination;

(9) A school where the sole purpose of the instructional program is review or preparation for a specific occupational examination recognized by a government agency or bona fide trade, business, or fraternal organization and where the student's occupational training received from another school or through employment experience already makes the student eligible to sit for the examination;

(10) Subject to the requirements of subsection (c) of Code Section 20-3-250.6 , any nonpublic, nonprofit college or university granting baccalaureate degrees whose principal office and campus are located in this state and its related graduate and professional programs, which have been in existence ten or more years as a nonpublic, nonprofit college or university and is accredited by a national or regional accrediting agency recognized by the United States Department of Education; provided, however, that such nonpublic, nonprofit college or university shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such nonpublic, nonprofit college or university as a prerequisite for such nonpublic, nonprofit college's or university's acceptance of federal student financial aid funds; and provided, further, that the designation provided for under this paragraph shall be provided solely to the extent necessary for institutional compliance of such nonpublic, nonprofit college or university with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition;

(10) Subject to the requirements of subsection (c) of Code Section 20-3-250.6 , any nonpublic, nonprofit college or university granting baccalaureate degrees whose principal office and campus are located in this state and its related graduate and professional programs, which have been in existence ten or more years as a nonpublic, nonprofit college or university and is accredited by a national or regional accrediting agency recognized by the United States Department of Education; provided, however, that such nonpublic, nonprofit college or university shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such nonpublic, nonprofit college or university as a prerequisite for such nonpublic, nonprofit college's or university's acceptance of federal student financial aid funds; and provided, further, that the designation provided for under this paragraph shall be provided solely to the extent necessary for institutional compliance of such nonpublic, nonprofit college or university with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition;

(11) Subject to the requirements of subsection (c) of Code Section 20-3-250.6 , any liberal arts college or university whose principal office and campus are located in this state and its related graduate and professional programs, if any, which was chartered prior to 1955 as a nonpublic, nonprofit, degree-granting institution, provided that it is accredited by a regional or national accrediting agency recognized by the United States Department of Education; and provided, further, that such liberal arts college or university shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such liberal arts college or university as a prerequisite for such liberal arts college's or university's acceptance of federal financial aid funds; and provided, further, that the designation provided for under this paragraph shall be provided solely to the extent necessary for institutional compliance of such liberal arts college or university with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition;

(11) Subject to the requirements of subsection (c) of Code Section 20-3-250.6 , any liberal arts college or university whose principal office and campus are located in this state and its related graduate and professional programs, if any, which was chartered prior to 1955 as a nonpublic, nonprofit, degree-granting institution, provided that it is accredited by a regional or national accrediting agency recognized by the United States Department of Education; and provided, further, that such liberal arts college or university shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such liberal arts college or university as a prerequisite for such liberal arts college's or university's acceptance of federal financial aid funds; and provided, further, that the designation provided for under this paragraph shall be provided solely to the extent necessary for institutional compliance of such liberal arts college or university with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition;

(12) Any institution offering only education or training in income tax theory or income tax return preparation when the total contract price for such education or training does not exceed $1,000.00, provided that the total charges incurred by any student for all instruction, other than instruction which is solely avocational or recreational in nature as provided in paragraph (3) of this subsection, do not exceed $1,000.00 in any one calendar year;

(12) Any institution offering only education or training in income tax theory or income tax return preparation when the total contract price for such education or training does not exceed $1,000.00, provided that the total charges incurred by any student for all instruction, other than instruction which is solely avocational or recreational in nature as provided in paragraph (3) of this subsection, do not exceed $1,000.00 in any one calendar year;

(13) Subject to the requirements of subsection (c) of Code Section 20-3-250.6 , any: (A) Nonpublic medical school accredited by the Liaison Committee on Medical Education and a national or regional accrediting agency recognized by the United States Department of Education; or (B) Nonpublic orthodontic school and residency program accredited by the Commission on Dental Accreditation of the American Dental Association and sponsored by: (i) A hospital that is accredited by a national accrediting agency recognized by the Center for Medicare and Medicaid services; or (ii) A postsecondary educational institution that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; provided, however that any orthodontic school and residency program meeting the requirements of this subparagraph after March 1, 2019, shall be required to maintain and to provide proof of a surety bond or letter of credit annually to the commission in an amount of $450,000.00 for five years after the date from qualification for the exemption provided for in this subsection; and

(13) Subject to the requirements of subsection (c) of Code Section 20-3-250.6 , any:

(A) Nonpublic medical school accredited by the Liaison Committee on Medical Education and a national or regional accrediting agency recognized by the United States Department of Education; or

(A) Nonpublic medical school accredited by the Liaison Committee on Medical Education and a national or regional accrediting agency recognized by the United States Department of Education; or

(B) Nonpublic orthodontic school and residency program accredited by the Commission on Dental Accreditation of the American Dental Association and sponsored by: (i) A hospital that is accredited by a national accrediting agency recognized by the Center for Medicare and Medicaid services; or (ii) A postsecondary educational institution that is accredited by a national or regional accrediting agency recognized by the United States Department of Education; provided, however that any orthodontic school and residency program meeting the requirements of this subparagraph after March 1, 2019, shall be required to maintain and to provide proof of a surety bond or letter of credit annually to the commission in an amount of $450,000.00 for five years after the date from qualification for the exemption provided for in this subsection; and

(B) Nonpublic orthodontic school and residency program accredited by the Commission on Dental Accreditation of the American Dental Association and sponsored by:

(i) A hospital that is accredited by a national accrediting agency recognized by the Center for Medicare and Medicaid services; or

(i) A hospital that is accredited by a national accrediting agency recognized by the Center for Medicare and Medicaid services; or

(ii) A postsecondary educational institution that is accredited by a national or regional accrediting agency recognized by the United States Department of Education;

(ii) A postsecondary educational institution that is accredited by a national or regional accrediting agency recognized by the United States Department of Education;

provided, however that any orthodontic school and residency program meeting the requirements of this subparagraph after March 1, 2019, shall be required to maintain and to provide proof of a surety bond or letter of credit annually to the commission in an amount of $450,000.00 for five years after the date from qualification for the exemption provided for in this subsection; and

(14) Any college or university that confers both associate and baccalaureate or higher degrees, that is accredited by the Southern Association of Colleges and Schools, College Division, that is operated in a proprietary status or that if previously exempt under this subsection as a proprietary institution has subsequently changed to operate in a nonprofit status, that provides a $200,000.00 surety bond, and that contributes to the Tuition Guaranty Trust Fund pursuant to Code Section 20-3-250.27 ; provided, however, that such college or university shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such college or university as a prerequisite for such college's or university's acceptance of federal student financial aid funds; and provided, further, that the designation provided for under this paragraph shall be provided solely to the extent necessary for institutional compliance of such college or university with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition.

(14) Any college or university that confers both associate and baccalaureate or higher degrees, that is accredited by the Southern Association of Colleges and Schools, College Division, that is operated in a proprietary status or that if previously exempt under this subsection as a proprietary institution has subsequently changed to operate in a nonprofit status, that provides a $200,000.00 surety bond, and that contributes to the Tuition Guaranty Trust Fund pursuant to Code Section 20-3-250.27 ; provided, however, that such college or university shall be subject to the provisions of Code Section 20-3-250.14 for the purposes of satisfying the requirements of 34 C.F.R. Section 668.43(b) and shall designate the commission as the recipient of complaints from students of such college or university as a prerequisite for such college's or university's acceptance of federal student financial aid funds; and provided, further, that the designation provided for under this paragraph shall be provided solely to the extent necessary for institutional compliance of such college or university with the laws and regulations governing federal student financial aid and shall not affect, rescind, or supersede any preexisting authorizations, charters, or recognition.

(b) Except as otherwise provided in subsection (a) of this Code section, any nonpublic postsecondary educational institution whose students participate in either state or federally funded student financial aid programs is specifically covered by this part.

(b) Except as otherwise provided in subsection (a) of this Code section, any nonpublic postsecondary educational institution whose students participate in either state or federally funded student financial aid programs is specifically covered by this part.

(c) A postsecondary educational institution which is also regulated pursuant to the provisions of Title 43 shall be exempted only from the provisions of paragraph (2) of subsection (b) of Code Section 20-3-250.5, subsections (a) and (b) of Code Section 20-3-250.6 , and Code Section 20-3-250.11 .

(c) A postsecondary educational institution which is also regulated pursuant to the provisions of Title 43 shall be exempted only from the provisions of paragraph (2) of subsection (b) of Code Section 20-3-250.5, subsections (a) and (b) of Code Section 20-3-250.6 , and Code Section 20-3-250.11 .

(d) A postsecondary educational institution which has been granted an exemption from provisions of this part pursuant to paragraph (6) of subsection (a) of this Code section shall subsequently submit an annual statement to the commission which affirms that the institution continues to meet the requirements for exempt status as listed in paragraph (6) of subsection (a) of this Code section. The statement shall be submitted using a form provided by the commission. The commission may request information on the form concerning the names of programs of study offered and the titles of degrees, diplomas, certificates, or other credentials conferred. Institutions which qualify for exempt status may include class components or subjects which are nonreligious in nature but relate to the church related work being performed by the institution. The commission may also authorize an annual visitation by the commission staff to the institution.

(d) A postsecondary educational institution which has been granted an exemption from provisions of this part pursuant to paragraph (6) of subsection (a) of this Code section shall subsequently submit an annual statement to the commission which affirms that the institution continues to meet the requirements for exempt status as listed in paragraph (6) of subsection (a) of this Code section. The statement shall be submitted using a form provided by the commission. The commission may request information on the form concerning the names of programs of study offered and the titles of degrees, diplomas, certificates, or other credentials conferred. Institutions which qualify for exempt status may include class components or subjects which are nonreligious in nature but relate to the church related work being performed by the institution. The commission may also authorize an annual visitation by the commission staff to the institution.

(e) Except for postsecondary educational institutions exempted from this part pursuant to paragraph (4) of subsection (a) of this Code section, the commission shall establish and promulgate rules, regulations, and policies for education and postsecondary educational institutions to establish their qualifications for an exemption, or maintenance of such exemption, as provided for under subsection (a) of this Code section.

(e) Except for postsecondary educational institutions exempted from this part pursuant to paragraph (4) of subsection (a) of this Code section, the commission shall establish and promulgate rules, regulations, and policies for education and postsecondary educational institutions to establish their qualifications for an exemption, or maintenance of such exemption, as provided for under subsection (a) of this Code section.
O.C.G.A. § 20-3-284 — GA Code / Title 20 / Chapter 3 / Section 20-3-284
Georgia Code Title 20. Education § 20-3-284
Status: in_force

In that the corporation is a duly created public authority and political subdivision of the state and is performing essential governmental functions in the exercise of its corporate purposes, the state covenants with the holders of educational loans guaranteed by the corporation that the corporation shall not be required to pay and shall be exempt and free from the payment of any taxes and assessments to the state or to any county, municipality, or other political subdivision of the state upon any property acquired by it or held under its jurisdiction or control, whether real, personal, or mixed; upon any loan guaranty or other obligation, agreement, or evidence of indebtedness issued or entered into by it pursuant to this part; upon the transfer by any holder to the corporation or by the corporation to the United States or to any other person or entity of the ownership of any obligation or evidence of indebtedness entered into or executed by any party pursuant to this part; or upon any moneys or income received or held by the corporation. The exemption from taxation provided in this Code section shall not, however, extend to nor include any exemption from sales and use taxes on property purchased by or for the use of the corporation.
O.C.G.A. § 20-2-771-2 — GA Code / Title 20 / Chapter 2 / Section 20-2-771-2
Georgia Code Title 20. Education § 20-2-771.2
Status: in_force

(a) Each local board of education shall establish policies and procedures regarding a school health nurse program. Such school health nurse programs shall be staffed by licensed health care professionals and may include consultation with offsite health care professionals through appropriate protocols and contracts. Each local board of education may contract or consult with health professionals knowledgeable in children's health issues to establish the standards, policies, and procedures of a school health nurse program. Such standards, policies, and procedures shall be in accordance with the restrictions set forth in Code Section 20-2-773 .

(a) Each local board of education shall establish policies and procedures regarding a school health nurse program. Such school health nurse programs shall be staffed by licensed health care professionals and may include consultation with offsite health care professionals through appropriate protocols and contracts. Each local board of education may contract or consult with health professionals knowledgeable in children's health issues to establish the standards, policies, and procedures of a school health nurse program. Such standards, policies, and procedures shall be in accordance with the restrictions set forth in Code Section 20-2-773 .

(b) Subject to appropriations, there may be established within the Department of Education a school health nurse program coordinator, whose responsibilities may include: (1) Assisting local school systems in establishing and implementing the school health nurse programs required by subsection (a) of this Code section, including development of guidelines for utilizing volunteers and retirees to supplement the programs; (2) Assisting in standardizing the reporting of any health information from local school systems; (3) Assisting local school systems in identifying and obtaining available additional funding and support for school health nurse programs from federal and other sources, including, but not limited to, Medicaid funds and partnerships with local hospitals or other health care facilities; and (4) Other related duties to support school health nurse programs.

(b) Subject to appropriations, there may be established within the Department of Education a school health nurse program coordinator, whose responsibilities may include:

(1) Assisting local school systems in establishing and implementing the school health nurse programs required by subsection (a) of this Code section, including development of guidelines for utilizing volunteers and retirees to supplement the programs;

(1) Assisting local school systems in establishing and implementing the school health nurse programs required by subsection (a) of this Code section, including development of guidelines for utilizing volunteers and retirees to supplement the programs;

(2) Assisting in standardizing the reporting of any health information from local school systems;

(2) Assisting in standardizing the reporting of any health information from local school systems;

(3) Assisting local school systems in identifying and obtaining available additional funding and support for school health nurse programs from federal and other sources, including, but not limited to, Medicaid funds and partnerships with local hospitals or other health care facilities; and

(3) Assisting local school systems in identifying and obtaining available additional funding and support for school health nurse programs from federal and other sources, including, but not limited to, Medicaid funds and partnerships with local hospitals or other health care facilities; and

(4) Other related duties to support school health nurse programs.

(4) Other related duties to support school health nurse programs.
O.C.G.A. § 20-3-610 — GA Code / Title 20 / Chapter 3 / Section 20-3-610
Georgia Code Title 20. Education § 20-3-610
Status: in_force

In addition to the powers granted by other provisions of this article, the board shall have the powers necessary or convenient to carry out and effectuate the purposes, objectives, and provisions of this article, the purposes and objectives of the trust, and the powers delegated by other laws or executive orders, including, but not limited to, the power to:

(1) Invest any money of the trust fund only in general obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government, or to obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, Bank for Cooperatives, Federal Farm Credit Banks, or to tax-exempt obligations issued by any state, county, municipal corporation, district, or political subdivision, or civil division or public instrumentality of any such government or unit of such government, or to the units of any unit investment trusts the assets of which are exclusively invested in obligations of the type described above, or to the shares of any mutual fund the investments of which are limited to securities of the type described above and distributions from which are treated for federal income tax purposes in the same manner as the interest on said obligations, provided that at the time of investment such obligations or the obligations held by any such unit investment trust or the obligations held or to be acquired by any such mutual fund are limited to obligations which are rated within one of the top two rating categories of any nationally recognized rating service or any rating service recognized by the commissioner of banking and finance, and no others;

(1) Invest any money of the trust fund only in general obligations of the United States or of subsidiary corporations of the United States government fully guaranteed by such government, or to obligations issued by the Federal Land Bank, Federal Home Loan Bank, Federal Intermediate Credit Bank, Bank for Cooperatives, Federal Farm Credit Banks, or to tax-exempt obligations issued by any state, county, municipal corporation, district, or political subdivision, or civil division or public instrumentality of any such government or unit of such government, or to the units of any unit investment trusts the assets of which are exclusively invested in obligations of the type described above, or to the shares of any mutual fund the investments of which are limited to securities of the type described above and distributions from which are treated for federal income tax purposes in the same manner as the interest on said obligations, provided that at the time of investment such obligations or the obligations held by any such unit investment trust or the obligations held or to be acquired by any such mutual fund are limited to obligations which are rated within one of the top two rating categories of any nationally recognized rating service or any rating service recognized by the commissioner of banking and finance, and no others;

(2) Pay money to state institutions of higher education from the trust;

(2) Pay money to state institutions of higher education from the trust;

(3) Impose reasonable residency requirements for qualified beneficiaries;

(3) Impose reasonable residency requirements for qualified beneficiaries;

(4) Impose reasonable limits on the number of participants in the trust;

(4) Impose reasonable limits on the number of participants in the trust;

(5) Segregate contributions and payments to the trust fund into various accounts and funds;

(5) Segregate contributions and payments to the trust fund into various accounts and funds;

(6) Contract for goods and services and engage personnel as is necessary and engage the services of private consultants, actuaries, managers, legal counsel, and auditors for rendering professional, management, and technical assistance and advice, payable out of any money of the trust fund;

(6) Contract for goods and services and engage personnel as is necessary and engage the services of private consultants, actuaries, managers, legal counsel, and auditors for rendering professional, management, and technical assistance and advice, payable out of any money of the trust fund;

(7) Solicit and accept gifts, grants, loans, and other aid from any person or the federal, state, or a local government or any agency of the federal, state, or a local government or to participate in any other way in any federal, state, or local government program;

(7) Solicit and accept gifts, grants, loans, and other aid from any person or the federal, state, or a local government or any agency of the federal, state, or a local government or to participate in any other way in any federal, state, or local government program;

(8) Charge, impose, and collect administrative fees and charges in connection with any transaction and to provide for reasonable penalties, including default, for delinquent payment of fees or charges or for fraud;

(8) Charge, impose, and collect administrative fees and charges in connection with any transaction and to provide for reasonable penalties, including default, for delinquent payment of fees or charges or for fraud;

(9) Procure insurance against any loss in connection with the trust's property, assets, or activities;

(9) Procure insurance against any loss in connection with the trust's property, assets, or activities;

(10) Bring actions and defend actions; have a seal and alter the same at pleasure; have perpetual succession; make, execute, and deliver contracts, conveyances, and other instruments necessary or convenient to the exercise of its powers; and make and amend bylaws;

(10) Bring actions and defend actions; have a seal and alter the same at pleasure; have perpetual succession; make, execute, and deliver contracts, conveyances, and other instruments necessary or convenient to the exercise of its powers; and make and amend bylaws;

(11) Enter into contracts on behalf of the state;

(11) Enter into contracts on behalf of the state;

(12) Administer the funds of the trust;

(12) Administer the funds of the trust;

(13) Indemnify or procure insurance indemnifying any member of the board from personal loss or accountability from liability resulting from a member's action or inaction as a member of the board, including, but not limited to, liability asserted by a person on any bonds or notes of the trust;

(13) Indemnify or procure insurance indemnifying any member of the board from personal loss or accountability from liability resulting from a member's action or inaction as a member of the board, including, but not limited to, liability asserted by a person on any bonds or notes of the trust;

(14) Impose reasonable time limits on use of the tuition benefits provided by the trust, if the limits are made a part of the contract;

(14) Impose reasonable time limits on use of the tuition benefits provided by the trust, if the limits are made a part of the contract;

(15) Define the terms and conditions under which money may be withdrawn from the trust, including, but not limited to, reasonable charges and fees for any such withdrawal, if the terms and conditions are made a part of the contract;

(15) Define the terms and conditions under which money may be withdrawn from the trust, including, but not limited to, reasonable charges and fees for any such withdrawal, if the terms and conditions are made a part of the contract;

(16) Provide for receiving contributions in lump sums or periodic sums;

(16) Provide for receiving contributions in lump sums or periodic sums;

(17) Establish policies, procedures, and eligibility criteria to implement this article; and

(17) Establish policies, procedures, and eligibility criteria to implement this article; and

(18) Enter into arrangements with Georgia institutions of higher education for the trust to offer on behalf of the institution advance tuition payment contracts under which the Georgia institution of higher education will be contractually obligated to provide a beneficiary under the contract with credit hours of higher education in addition to those required for a baccalaureate degree.

(18) Enter into arrangements with Georgia institutions of higher education for the trust to offer on behalf of the institution advance tuition payment contracts under which the Georgia institution of higher education will be contractually obligated to provide a beneficiary under the contract with credit hours of higher education in addition to those required for a baccalaureate degree.
O.C.G.A. § 20-13-4 — GA Code / Title 20 / Chapter 13 / Section 20-13-4
Georgia Code Title 20. Education § 20-13-4
Status: in_force

The commission shall hold regular meetings bimonthly or as necessary as determined by the chairperson. Additional meetings may be called by the chairperson or at the request of three or more of the members.
O.C.G.A. § 20-2a-7 — GA Code / Title 20 / Chapter 2A / Section 20-2a-7
Georgia Code Title 20. Education § 20-2A-7
Status: in_force

(a)(1) Any student scholarship organization that fails to comply with any requirements under this chapter shall be given written notice by the Department of Revenue of such failure to comply by certified mail and shall have 90 days from the receipt of such notice to correct all deficiencies. (2) Upon failure to correct all deficiencies within 90 days, such student scholarship organization shall: (A) Be immediately removed from the Department of Education list provided for in Code Section 20-2A-6 ; (B) Be required to cease all operations as a student scholarship organization and transfer all scholarship account funds to a properly operating student scholarship organization within 30 calendar days of receipt of notice from the Department of Revenue of removal from the approved list; and (C) Have all applications for preapproval of tax credits under Code Section 48-7-29.16 rejected by the Department of Revenue on or after the date the Department of Education removes the student scholarship organization from its list provided for in Code Section 20-2A-6 .

(a)(1) Any student scholarship organization that fails to comply with any requirements under this chapter shall be given written notice by the Department of Revenue of such failure to comply by certified mail and shall have 90 days from the receipt of such notice to correct all deficiencies.

(a)(1) Any student scholarship organization that fails to comply with any requirements under this chapter shall be given written notice by the Department of Revenue of such failure to comply by certified mail and shall have 90 days from the receipt of such notice to correct all deficiencies.

(2) Upon failure to correct all deficiencies within 90 days, such student scholarship organization shall: (A) Be immediately removed from the Department of Education list provided for in Code Section 20-2A-6 ; (B) Be required to cease all operations as a student scholarship organization and transfer all scholarship account funds to a properly operating student scholarship organization within 30 calendar days of receipt of notice from the Department of Revenue of removal from the approved list; and (C) Have all applications for preapproval of tax credits under Code Section 48-7-29.16 rejected by the Department of Revenue on or after the date the Department of Education removes the student scholarship organization from its list provided for in Code Section 20-2A-6 .

(2) Upon failure to correct all deficiencies within 90 days, such student scholarship organization shall:

(A) Be immediately removed from the Department of Education list provided for in Code Section 20-2A-6 ;

(A) Be immediately removed from the Department of Education list provided for in Code Section 20-2A-6 ;

(B) Be required to cease all operations as a student scholarship organization and transfer all scholarship account funds to a properly operating student scholarship organization within 30 calendar days of receipt of notice from the Department of Revenue of removal from the approved list; and

(B) Be required to cease all operations as a student scholarship organization and transfer all scholarship account funds to a properly operating student scholarship organization within 30 calendar days of receipt of notice from the Department of Revenue of removal from the approved list; and

(C) Have all applications for preapproval of tax credits under Code Section 48-7-29.16 rejected by the Department of Revenue on or after the date the Department of Education removes the student scholarship organization from its list provided for in Code Section 20-2A-6 .

(C) Have all applications for preapproval of tax credits under Code Section 48-7-29.16 rejected by the Department of Revenue on or after the date the Department of Education removes the student scholarship organization from its list provided for in Code Section 20-2A-6 .

(b) Any student scholarship organization that: (1) Awards or restricts the award of a scholarship to a specific eligible student at the request of a donor; or (2) Encourages or facilitates taxpayers to engage in actions that are prohibited by law shall be subject to paragraph (2) of subsection (a) of this Code section.

(b) Any student scholarship organization that:

(1) Awards or restricts the award of a scholarship to a specific eligible student at the request of a donor; or

(1) Awards or restricts the award of a scholarship to a specific eligible student at the request of a donor; or

(2) Encourages or facilitates taxpayers to engage in actions that are prohibited by law shall be subject to paragraph (2) of subsection (a) of this Code section.

(2) Encourages or facilitates taxpayers to engage in actions that are prohibited by law

shall be subject to paragraph (2) of subsection (a) of this Code section.

(c) Any officer or director of a student scholarship organization found to have actively participated in a student scholarship organization's intentional violation of its obligations under this chapter shall be guilty of a misdemeanor.

(c) Any officer or director of a student scholarship organization found to have actively participated in a student scholarship organization's intentional violation of its obligations under this chapter shall be guilty of a misdemeanor.
O.C.G.A. § 20-2-922 — GA Code / Title 20 / Chapter 2 / Section 20-2-922
Georgia Code Title 20. Education § 20-2-922
Status: in_force

(a) On a date as soon as practicable, as determined by the board, which is defined as the “employer commencement date,” the commissioner shall notify the State School Superintendent and local school superintendents that the employer payments shall commence on such date. The State School Superintendent shall notify the employees that employee payments will commence on a date following the employer commencement date, which will be determined by the board. The date as established by the board with reference to the employee payments is defined as the “employee commencement date.”

(a) On a date as soon as practicable, as determined by the board, which is defined as the “employer commencement date,” the commissioner shall notify the State School Superintendent and local school superintendents that the employer payments shall commence on such date. The State School Superintendent shall notify the employees that employee payments will commence on a date following the employer commencement date, which will be determined by the board. The date as established by the board with reference to the employee payments is defined as the “employee commencement date.”

(b) Any employee who is otherwise eligible in accordance with rules and regulations of the board shall have an option to elect coverage in this program, and, in the event an employee rejects coverage, such employee shall be authorized to obtain coverage at a later date upon compliance with the rules and regulations promulgated by the board relative thereto.

(b) Any employee who is otherwise eligible in accordance with rules and regulations of the board shall have an option to elect coverage in this program, and, in the event an employee rejects coverage, such employee shall be authorized to obtain coverage at a later date upon compliance with the rules and regulations promulgated by the board relative thereto.
O.C.G.A. § 20-1a-3 — GA Code / Title 20 / Chapter 1A / Section 20-1a-3
Georgia Code Title 20. Education § 20-1A-3
Status: in_force

(a) There is created a Board of Early Care and Learning and a commissioner of early care and learning.

(a) There is created a Board of Early Care and Learning and a commissioner of early care and learning.

(b) 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.

(b) 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.

(c) 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.

(c) 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.

(d) 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 .

(d) 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;

(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

(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 .

(3) Functions relating to early childhood education programs transferred from the Department of Education by agreement in accordance with Code Section 20-1A-17 .

(e) 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 .

(e) 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 .

(f) 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.

(f) 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.

(g) 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.

(g) 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.
O.C.G.A. § 20-2-324-5 — GA Code / Title 20 / Chapter 2 / Section 20-2-324-5
Georgia Code Title 20. Education § 20-2-324.5
Status: in_force

(a) As used in this Code section, the term: (1) “ Athletic association ” means any association of schools or any other similar organization which acts as an organizing, sanctioning, scheduling, or rule-making body for interscholastic athletic events in which public high schools in this state participate. (2) “ Health care provider ” means a licensed physician or another licensed individual under the supervision of a licensed physician, such as a nurse practitioner, physician assistant, or certified athletic trainer, who has received training on the nature and warning signs of sudden cardiac arrest. (3) “ Interscholastic athletic activity ” means interscholastic athletics and practices, interschool practices, and scrimmages related to interscholastic athletics. (4) “ School ” means a public or private school in this state, including all charter schools, which includes one or more grades from grades six through 12. (5) “ Student ” means a student in grades six through 12.

(a) As used in this Code section, the term:

(1) “ Athletic association ” means any association of schools or any other similar organization which acts as an organizing, sanctioning, scheduling, or rule-making body for interscholastic athletic events in which public high schools in this state participate.

(1) “ Athletic association ” means any association of schools or any other similar organization which acts as an organizing, sanctioning, scheduling, or rule-making body for interscholastic athletic events in which public high schools in this state participate.

(2) “ Health care provider ” means a licensed physician or another licensed individual under the supervision of a licensed physician, such as a nurse practitioner, physician assistant, or certified athletic trainer, who has received training on the nature and warning signs of sudden cardiac arrest.

(2) “ Health care provider ” means a licensed physician or another licensed individual under the supervision of a licensed physician, such as a nurse practitioner, physician assistant, or certified athletic trainer, who has received training on the nature and warning signs of sudden cardiac arrest.

(3) “ Interscholastic athletic activity ” means interscholastic athletics and practices, interschool practices, and scrimmages related to interscholastic athletics.

(3) “ Interscholastic athletic activity ” means interscholastic athletics and practices, interschool practices, and scrimmages related to interscholastic athletics.

(4) “ School ” means a public or private school in this state, including all charter schools, which includes one or more grades from grades six through 12.

(4) “ School ” means a public or private school in this state, including all charter schools, which includes one or more grades from grades six through 12.

(5) “ Student ” means a student in grades six through 12.

(5) “ Student ” means a student in grades six through 12.

(b) The Department of Education shall develop and post on its publicly accessible website guidelines and other relevant materials to inform and educate students participating in or desiring to participate in an interscholastic athletic activity, their parents or guardians, and coaches about the nature and warning signs of sudden cardiac arrest, including the risks associated with continuing to play or practice after experiencing the following symptoms: fainting or seizures during exercise, unexplained shortness of breath, chest pains, dizziness, racing heart rate, or extreme fatigue. In developing the guidelines and materials about the nature and warning signs of sudden cardiac arrest, the Department of Education may utilize educational videos available at no cost to the state for the purpose of educating coaches about sudden cardiac arrest. In the event that an athletic association in this state provides such guidelines and relevant materials on its website, the Department of Education shall not be required to duplicate such materials and shall be deemed to have met the provisions of this subsection.

(b) The Department of Education shall develop and post on its publicly accessible website guidelines and other relevant materials to inform and educate students participating in or desiring to participate in an interscholastic athletic activity, their parents or guardians, and coaches about the nature and warning signs of sudden cardiac arrest, including the risks associated with continuing to play or practice after experiencing the following symptoms: fainting or seizures during exercise, unexplained shortness of breath, chest pains, dizziness, racing heart rate, or extreme fatigue. In developing the guidelines and materials about the nature and warning signs of sudden cardiac arrest, the Department of Education may utilize educational videos available at no cost to the state for the purpose of educating coaches about sudden cardiac arrest. In the event that an athletic association in this state provides such guidelines and relevant materials on its website, the Department of Education shall not be required to duplicate such materials and shall be deemed to have met the provisions of this subsection.

(c) A school shall hold an informational meeting twice per year regarding the symptoms and warning signs of sudden cardiac arrest. At such informational meeting, an information sheet on sudden cardiac arrest symptoms and warning signs shall be provided to each student's parent or guardian. In addition to students, parents or guardians, coaches, and other school officials, such informational meetings may include physicians, pediatric cardiologists, and athletic trainers.

(c) A school shall hold an informational meeting twice per year regarding the symptoms and warning signs of sudden cardiac arrest. At such informational meeting, an information sheet on sudden cardiac arrest symptoms and warning signs shall be provided to each student's parent or guardian. In addition to students, parents or guardians, coaches, and other school officials, such informational meetings may include physicians, pediatric cardiologists, and athletic trainers.

(d)(1) A student who passes out or faints while participating in, or immediately following, an interscholastic athletic activity, or who is known to have passed out or fainted while participating in or immediately following an interscholastic athletic activity, shall be removed from participation in the interscholastic athletic activity at that time by the athletic director, coach, or athletic trainer. (2) A student who exhibits any of the other symptoms set forth in subsection (b) of this Code section while participating in, or immediately following, an interscholastic athletic activity may be removed from participation in the interscholastic athletic activity by an athletic trainer, if the athletic trainer reasonably believes that such symptoms are cardiac related. In the absence of an athletic trainer, coaches who observe any of the other symptoms set forth in subsection (b) of this Code section shall notify the parents or guardians of such student so that the parents or guardians can determine what treatment, if any, such student should seek. (3) A student who is removed from participation in an interscholastic athletic activity pursuant to this subsection shall not be permitted to return to participation in an interscholastic athletic activity until such student is evaluated and cleared for return to participation in writing by a health care provider.

(d)(1) A student who passes out or faints while participating in, or immediately following, an interscholastic athletic activity, or who is known to have passed out or fainted while participating in or immediately following an interscholastic athletic activity, shall be removed from participation in the interscholastic athletic activity at that time by the athletic director, coach, or athletic trainer.

(d)(1) A student who passes out or faints while participating in, or immediately following, an interscholastic athletic activity, or who is known to have passed out or fainted while participating in or immediately following an interscholastic athletic activity, shall be removed from participation in the interscholastic athletic activity at that time by the athletic director, coach, or athletic trainer.

(2) A student who exhibits any of the other symptoms set forth in subsection (b) of this Code section while participating in, or immediately following, an interscholastic athletic activity may be removed from participation in the interscholastic athletic activity by an athletic trainer, if the athletic trainer reasonably believes that such symptoms are cardiac related. In the absence of an athletic trainer, coaches who observe any of the other symptoms set forth in subsection (b) of this Code section shall notify the parents or guardians of such student so that the parents or guardians can determine what treatment, if any, such student should seek.

(2) A student who exhibits any of the other symptoms set forth in subsection (b) of this Code section while participating in, or immediately following, an interscholastic athletic activity may be removed from participation in the interscholastic athletic activity by an athletic trainer, if the athletic trainer reasonably believes that such symptoms are cardiac related. In the absence of an athletic trainer, coaches who observe any of the other symptoms set forth in subsection (b) of this Code section shall notify the parents or guardians of such student so that the parents or guardians can determine what treatment, if any, such student should seek.

(3) A student who is removed from participation in an interscholastic athletic activity pursuant to this subsection shall not be permitted to return to participation in an interscholastic athletic activity until such student is evaluated and cleared for return to participation in writing by a health care provider.

(3) A student who is removed from participation in an interscholastic athletic activity pursuant to this subsection shall not be permitted to return to participation in an interscholastic athletic activity until such student is evaluated and cleared for return to participation in writing by a health care provider.

(e)(1) Once each school year, each coach of an interscholastic athletic activity shall review the guidelines and relevant materials and view an educational video approved by the Department of Education pursuant to subsection (b) of this Code section, or as provided by an athletic association. (2) A coach shall not be eligible to coach an interscholastic athletic activity until he or she completes the requirements contained in this subsection.

(e)(1) Once each school year, each coach of an interscholastic athletic activity shall review the guidelines and relevant materials and view an educational video approved by the Department of Education pursuant to subsection (b) of this Code section, or as provided by an athletic association.

(e)(1) Once each school year, each coach of an interscholastic athletic activity shall review the guidelines and relevant materials and view an educational video approved by the Department of Education pursuant to subsection (b) of this Code section, or as provided by an athletic association.

(2) A coach shall not be eligible to coach an interscholastic athletic activity until he or she completes the requirements contained in this subsection.

(2) A coach shall not be eligible to coach an interscholastic athletic activity until he or she completes the requirements contained in this subsection.

(f) This Code section shall not create any liability for, or create a cause of action against, a local board of education, the governing body of a nonpublic school, or the governing body of a charter school or the officers, employees, or volunteers of any such entities for any act or omission to act related to the removal or nonremoval of a student participating in an interscholastic athletic activity pursuant to this Code section; provided, however, this subsection shall not include health care providers unless they are acting in a volunteer capacity.

(f) This Code section shall not create any liability for, or create a cause of action against, a local board of education, the governing body of a nonpublic school, or the governing body of a charter school or the officers, employees, or volunteers of any such entities for any act or omission to act related to the removal or nonremoval of a student participating in an interscholastic athletic activity pursuant to this Code section; provided, however, this subsection shall not include health care providers unless they are acting in a volunteer capacity.

(g) The sponsors of youth athletic activities, as defined in paragraph (4) of subsection (a) of Code Section 20-2-324.1 , are encouraged to implement the provisions of this Code section.

(g) The sponsors of youth athletic activities, as defined in paragraph (4) of subsection (a) of Code Section 20-2-324.1 , are encouraged to implement the provisions of this Code section.
O.C.G.A. § 20-2-450 — GA Code / Title 20 / Chapter 2 / Section 20-2-450
Georgia Code Title 20. Education § 20-2-450
Status: in_force

Where any school district or consolidated school district or any independent school district, in cases provided in this subpart, has outstanding schoolhouse bonds or shall hereafter issue, in accordance with the laws of this state, any such bonds, and it becomes necessary or advisable to refund, retire, or refinance such bonds, the refunding, retirement, or refinancing shall be done in accordance with the procedure and in the manner provided in this subpart.
O.C.G.A. § 20-3-157 — GA Code / Title 20 / Chapter 3 / Section 20-3-157
Georgia Code Title 20. Education § 20-3-157
Status: in_force

All revenue bonds issued under this article shall have all the qualities and incidents of negotiable instruments under Article 8 of Title 11. Such bonds and the income thereof shall be exempt from all taxation within the state.
O.C.G.A. § 20-2-989-7 — GA Code / Title 20 / Chapter 2 / Section 20-2-989-7
Georgia Code Title 20. Education § 20-2-989.7
Status: in_force

(a)(1) Except as otherwise provided in paragraph (2) of this subsection, the performance ratings contained in personnel evaluations conducted pursuant to Code Section 20-2-210 , professional development plans, and job performance shall not be subject to complaint under the provisions of this part; provided, however, that this shall not apply to procedural deficiencies on the part of the local school system or charter school in conducting an evaluation pursuant to Code Section 20-2-210 . (2) For teachers who have accepted a school year contract for the fourth or subsequent consecutive school year, summative performance ratings of “Unsatisfactory” or “Ineffective” contained in personnel evaluations conducted pursuant to Code Section 20-2-210 , procedural deficiencies on the part of the local school system or charter school in conducting an evaluation pursuant to Code Section 20-2-210 , and job performance shall be subject to appeal pursuant to this paragraph. Local units of administration shall establish an appeals policy that shall allow a teacher to appeal a summative performance rating of “Unsatisfactory” or “Ineffective.” Such appeals policy shall include a method and reasonable timelines for filing an appeal that minimize the burden on both parties, a statement that a teacher shall not be the subject of any reprisal as a result of filing an appeal pursuant to this paragraph, a provision that an appeal hearing may be conducted by an independent third party or by an administrator in the system office on behalf of the school official or local unit of administration, and a method to receive the decision of the independent third party or system administrator. Should any reprisal occur, the teacher may refer the matter to the Professional Standards Commission. Each local unit of administration shall submit a copy of its appeals policy established pursuant to this paragraph to the Department of Education no later than July 1, 2021, and any time thereafter if material changes are made to such policy. (3) The termination, nonrenewal, demotion, suspension, or reprimand of any employee, as set forth in Code Section 20-2-940 , and the revocation, suspension, or denial of certificates of any employee, as set forth in Code Section 20-2-984.5 , shall not be subject to complaint under the provisions of this part.

(a)(1) Except as otherwise provided in paragraph (2) of this subsection, the performance ratings contained in personnel evaluations conducted pursuant to Code Section 20-2-210 , professional development plans, and job performance shall not be subject to complaint under the provisions of this part; provided, however, that this shall not apply to procedural deficiencies on the part of the local school system or charter school in conducting an evaluation pursuant to Code Section 20-2-210 .

(a)(1) Except as otherwise provided in paragraph (2) of this subsection, the performance ratings contained in personnel evaluations conducted pursuant to Code Section 20-2-210 , professional development plans, and job performance shall not be subject to complaint under the provisions of this part; provided, however, that this shall not apply to procedural deficiencies on the part of the local school system or charter school in conducting an evaluation pursuant to Code Section 20-2-210 .

(2) For teachers who have accepted a school year contract for the fourth or subsequent consecutive school year, summative performance ratings of “Unsatisfactory” or “Ineffective” contained in personnel evaluations conducted pursuant to Code Section 20-2-210 , procedural deficiencies on the part of the local school system or charter school in conducting an evaluation pursuant to Code Section 20-2-210 , and job performance shall be subject to appeal pursuant to this paragraph. Local units of administration shall establish an appeals policy that shall allow a teacher to appeal a summative performance rating of “Unsatisfactory” or “Ineffective.” Such appeals policy shall include a method and reasonable timelines for filing an appeal that minimize the burden on both parties, a statement that a teacher shall not be the subject of any reprisal as a result of filing an appeal pursuant to this paragraph, a provision that an appeal hearing may be conducted by an independent third party or by an administrator in the system office on behalf of the school official or local unit of administration, and a method to receive the decision of the independent third party or system administrator. Should any reprisal occur, the teacher may refer the matter to the Professional Standards Commission. Each local unit of administration shall submit a copy of its appeals policy established pursuant to this paragraph to the Department of Education no later than July 1, 2021, and any time thereafter if material changes are made to such policy.

(2) For teachers who have accepted a school year contract for the fourth or subsequent consecutive school year, summative performance ratings of “Unsatisfactory” or “Ineffective” contained in personnel evaluations conducted pursuant to Code Section 20-2-210 , procedural deficiencies on the part of the local school system or charter school in conducting an evaluation pursuant to Code Section 20-2-210 , and job performance shall be subject to appeal pursuant to this paragraph. Local units of administration shall establish an appeals policy that shall allow a teacher to appeal a summative performance rating of “Unsatisfactory” or “Ineffective.” Such appeals policy shall include a method and reasonable timelines for filing an appeal that minimize the burden on both parties, a statement that a teacher shall not be the subject of any reprisal as a result of filing an appeal pursuant to this paragraph, a provision that an appeal hearing may be conducted by an independent third party or by an administrator in the system office on behalf of the school official or local unit of administration, and a method to receive the decision of the independent third party or system administrator. Should any reprisal occur, the teacher may refer the matter to the Professional Standards Commission. Each local unit of administration shall submit a copy of its appeals policy established pursuant to this paragraph to the Department of Education no later than July 1, 2021, and any time thereafter if material changes are made to such policy.

(3) The termination, nonrenewal, demotion, suspension, or reprimand of any employee, as set forth in Code Section 20-2-940 , and the revocation, suspension, or denial of certificates of any employee, as set forth in Code Section 20-2-984.5 , shall not be subject to complaint under the provisions of this part.

(3) The termination, nonrenewal, demotion, suspension, or reprimand of any employee, as set forth in Code Section 20-2-940 , and the revocation, suspension, or denial of certificates of any employee, as set forth in Code Section 20-2-984.5 , shall not be subject to complaint under the provisions of this part.

(b) A certified employee who chooses to appeal under Code Section 20-2-1160 shall be barred from pursuing the same complaint under this part.

(b) A certified employee who chooses to appeal under Code Section 20-2-1160 shall be barred from pursuing the same complaint under this part.
O.C.G.A. § 20-2a-2-1 — GA Code / Title 20 / Chapter 2A / Section 20-2a-2-1
Georgia Code Title 20. Education § 20-2A-2.1
Status: in_force

No entity which operates, owns, is affiliated with, or is a subsidiary of an association, organization, or other entity that provides accreditation of elementary or secondary schools shall be eligible to be a student scholarship organization pursuant to this chapter.
O.C.G.A. § 20-3-77-1 — GA Code / Title 20 / Chapter 3 / Section 20-3-77-1
Georgia Code Title 20. Education § 20-3-77.1
Status: in_force

The board of regents shall prescribe criteria, policies, and standards deemed necessary for the effective implementation of programs within the university system financed wholly or partially from appropriations from the Lottery for Education Account and established for the purpose of providing professors and instructors the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network. Such programs shall include the expenditure of funds to defray the costs associated with repairing and maintaining advanced electronic instructional technology.
O.C.G.A. § 20-5-48 — GA Code / Title 20 / Chapter 5 / Section 20-5-48
Georgia Code Title 20. Education § 20-5-48
Status: in_force

(a) A clear title in fee simple to an approved site on which a library facility is to be located shall be held by either the library board of trustees or the county or municipality. Title to property used for library purposes shall be vested in the library board of trustees or in that local agency which makes the major financial contribution toward construction costs. Notwithstanding any provision in this part to the contrary, any facility, the title to which currently is held by a nonprofit organization and which is now being operated by a public library board of trustees, may continue to be operated by that library board of trustees if the operation of that facility by the board of trustees meets the standards of the Office of Public Library Services of the Board of Regents of the University System of Georgia; and the title to that facility may remain in the hands of that nonprofit organization. When the composition of a library system is changed or when the library system is dissolved and the title is vested in the library board of trustees, the Office of Public Library Services of the Board of Regents of the University System of Georgia shall serve as mediator in determining ownership of property.

(a) A clear title in fee simple to an approved site on which a library facility is to be located shall be held by either the library board of trustees or the county or municipality. Title to property used for library purposes shall be vested in the library board of trustees or in that local agency which makes the major financial contribution toward construction costs. Notwithstanding any provision in this part to the contrary, any facility, the title to which currently is held by a nonprofit organization and which is now being operated by a public library board of trustees, may continue to be operated by that library board of trustees if the operation of that facility by the board of trustees meets the standards of the Office of Public Library Services of the Board of Regents of the University System of Georgia; and the title to that facility may remain in the hands of that nonprofit organization. When the composition of a library system is changed or when the library system is dissolved and the title is vested in the library board of trustees, the Office of Public Library Services of the Board of Regents of the University System of Georgia shall serve as mediator in determining ownership of property.

(b) Other property including, but not limited to, equipment and materials that were purchased with state, federal, or contract funds coming through the system budget shall be owned by the system board of trustees and shall be placed or transferred where it is most useful. Upon dissolution or significant structural change within the system, such property shall be divided on a pro rata basis according to the proportion of financial costs of property borne by the involved parties. The library system board of trustees shall furnish the financial and statistical information considered by the parties attempting to reach agreement. If the parties are unable to reach a mutually agreeable solution, the final decision of property ownership shall be made by the Office of Public Library Services of the Board of Regents of the University System of Georgia or its designee.

(b) Other property including, but not limited to, equipment and materials that were purchased with state, federal, or contract funds coming through the system budget shall be owned by the system board of trustees and shall be placed or transferred where it is most useful. Upon dissolution or significant structural change within the system, such property shall be divided on a pro rata basis according to the proportion of financial costs of property borne by the involved parties. The library system board of trustees shall furnish the financial and statistical information considered by the parties attempting to reach agreement. If the parties are unable to reach a mutually agreeable solution, the final decision of property ownership shall be made by the Office of Public Library Services of the Board of Regents of the University System of Georgia or its designee.
O.C.G.A. § 20-3-514 — GA Code / Title 20 / Chapter 3 / Section 20-3-514
Georgia Code Title 20. Education § 20-3-514
Status: in_force

(a) Each applicant before being granted a loan or scholarship shall enter into a contract with the State of Georgia agreeing to the terms and conditions upon which the loan or scholarship is granted, including such terms and provisions as will carry out the full purpose and intent of this part. The form of such contract shall be prepared and approved by the Attorney General, and each contract shall be signed by the chairperson of the board, countersigned by the executive director of the board, and shall be signed by the applicant. For the purposes of this part, the disabilities of minority of all applicants granted loans or scholarships pursuant to this part are removed, and such applicants are declared to be of full lawful age for the purpose of entering into the contract provided for in this Code section; and such contract so executed by an applicant is declared to be a valid and binding contract the same as though such applicant were of the full age of majority. The board is vested with full and complete authority to bring an action in its own name against any applicant for any balance due the board on any such contract.

(a) Each applicant before being granted a loan or scholarship shall enter into a contract with the State of Georgia agreeing to the terms and conditions upon which the loan or scholarship is granted, including such terms and provisions as will carry out the full purpose and intent of this part. The form of such contract shall be prepared and approved by the Attorney General, and each contract shall be signed by the chairperson of the board, countersigned by the executive director of the board, and shall be signed by the applicant. For the purposes of this part, the disabilities of minority of all applicants granted loans or scholarships pursuant to this part are removed, and such applicants are declared to be of full lawful age for the purpose of entering into the contract provided for in this Code section; and such contract so executed by an applicant is declared to be a valid and binding contract the same as though such applicant were of the full age of majority. The board is vested with full and complete authority to bring an action in its own name against any applicant for any balance due the board on any such contract.

(b) An applicant who has entered into a loan or scholarship contract with the board and who: (1) Is dismissed for either academic or disciplinary reasons from the college or school of medicine he or she is attending; (2) Voluntarily terminates his or her training and education in such institution for any reason prior to completion of training; or (3) Is unable to obtain licensure from the Georgia Composite Medical Board to practice medicine shall be immediately liable to the board for all sums advanced with interest at the minimum rate of 12 percent per annum from the date of each payment by the board and compounded annually to the date the scholarship or loan is paid in full; provided, however, that the board may consent or agree to a lesser measure of damages for compelling reasons as determined by the board. The board is authorized to increase annually such rate of interest due on loans granted to new recipients; provided, however, that the increased rate of interest shall not exceed by more than 2 percent the prime rate published by the Board of Governors of the Federal Reserve System and in effect at the time of the increase.

(b) An applicant who has entered into a loan or scholarship contract with the board and who:

(1) Is dismissed for either academic or disciplinary reasons from the college or school of medicine he or she is attending;

(1) Is dismissed for either academic or disciplinary reasons from the college or school of medicine he or she is attending;

(2) Voluntarily terminates his or her training and education in such institution for any reason prior to completion of training; or

(2) Voluntarily terminates his or her training and education in such institution for any reason prior to completion of training; or

(3) Is unable to obtain licensure from the Georgia Composite Medical Board to practice medicine

(3) Is unable to obtain licensure from the Georgia Composite Medical Board to practice medicine

shall be immediately liable to the board for all sums advanced with interest at the minimum rate of 12 percent per annum from the date of each payment by the board and compounded annually to the date the scholarship or loan is paid in full; provided, however, that the board may consent or agree to a lesser measure of damages for compelling reasons as determined by the board. The board is authorized to increase annually such rate of interest due on loans granted to new recipients; provided, however, that the increased rate of interest shall not exceed by more than 2 percent the prime rate published by the Board of Governors of the Federal Reserve System and in effect at the time of the increase.

(c) An applicant who has entered into a loan or scholarship contract with the board and who breaches such contract by either failing to begin or failing to complete his or her service obligation under such loan or scholarship contract or who fails to obtain licensure from the Georgia Composite Medical Board to practice medicine shall be immediately liable to the board for three times the total uncredited amount of all such scholarship or loan payments paid to the applicant, such uncredited sums to be prorated on a monthly basis respecting the applicant's actual service and total service obligation. The board may consent or agree to a lesser measure of damages for compelling reasons as determined by the board.

(c) An applicant who has entered into a loan or scholarship contract with the board and who breaches such contract by either failing to begin or failing to complete his or her service obligation under such loan or scholarship contract or who fails to obtain licensure from the Georgia Composite Medical Board to practice medicine shall be immediately liable to the board for three times the total uncredited amount of all such scholarship or loan payments paid to the applicant, such uncredited sums to be prorated on a monthly basis respecting the applicant's actual service and total service obligation. The board may consent or agree to a lesser measure of damages for compelling reasons as determined by the board.

(d) The board shall have the authority to cancel the loan or scholarship contract of any applicant at any time for any cause deemed sufficient by the board, provided that such authority may not be arbitrarily or unreasonably exercised. Upon such cancellation by the board, the total uncredited amount of the scholarship paid to the applicant shall at once become due and payable to the board in cash with interest at the minimum rate of 12 percent per annum from the date of each payment by the board and compounded annually to the date the scholarship or loan is paid in full. The board is authorized to increase annually such rate of interest, subject to the limitations set forth in subsection (b) of this Code section.

(d) The board shall have the authority to cancel the loan or scholarship contract of any applicant at any time for any cause deemed sufficient by the board, provided that such authority may not be arbitrarily or unreasonably exercised. Upon such cancellation by the board, the total uncredited amount of the scholarship paid to the applicant shall at once become due and payable to the board in cash with interest at the minimum rate of 12 percent per annum from the date of each payment by the board and compounded annually to the date the scholarship or loan is paid in full. The board is authorized to increase annually such rate of interest, subject to the limitations set forth in subsection (b) of this Code section.
O.C.G.A. § 20-2-214-1 — GA Code / Title 20 / Chapter 2 / Section 20-2-214-1
Georgia Code Title 20. Education § 20-2-214.1
Status: reserved

(a) 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.

(a) 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.

(b) Reserved.

(b) Reserved.

(c) 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.

(c) 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.

(d) 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.

(d) 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.

(e) 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.

(e) 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.

(f) 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.

(f) 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.

(g) Salary supplements received by a High Performance Principal pursuant to this Code section shall not be considered regular or earnable compensation for any purpose.

(g) Salary supplements received by a High Performance Principal pursuant to this Code section shall not be considered regular or earnable compensation for any purpose.

(h) 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.

(h) 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.
O.C.G.A. § 20-2-9 — GA Code / Title 20 / Chapter 2 / Section 20-2-9
Georgia Code Title 20. Education § 20-2-9
Status: in_force

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.
O.C.G.A. § 20-3-347 — GA Code / Title 20 / Chapter 3 / Section 20-3-347
Georgia Code Title 20. Education § 20-3-347
Status: in_force

Notwithstanding any other law to the contrary, all moneys received by the authority pursuant to this subpart shall be deemed to be trust funds to be held and applied solely as provided in this subpart. The resolution authorizing any obligations or the trust agreement securing such obligations may provide that any of such moneys may be temporarily invested pending the disbursement thereof and shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply them for the purposes of this subpart, subject to this subpart and to such resolution or trust agreement. Any such moneys or any other moneys of the authority derived from its operations and functions under this subpart may be invested as provided in paragraph (10) of subsection (b) of Code Section 20-3-342 .
O.C.G.A. § 20-3-231 — GA Code / Title 20 / Chapter 3 / Section 20-3-231
Georgia Code Title 20. Education § 20-3-231
Status: in_force

(a) Legislative findings. The General Assembly has determined that it is a valid public purpose to promote the educational level of achievement of citizens and persons in this state by creating the Georgia Higher Education Assistance Corporation, a public authority, as provided for in Part 2 of this article, for the purpose of establishing and administering an educational loan program in this state in such a manner as not to pledge the faith and credit of the state to the payment of such educational loans as may be guaranteed by the corporation. The General Assembly has determined that it is a valid public purpose to promote further the educational level of achievement of citizens and persons in this state by creating the Georgia Student Finance Authority, a public authority, as provided for in Part 3 of this article, for the purpose of providing educational scholarship, grant, and loan assistance to citizens and persons in this state, in large part by educational loans to be funded through the issuance of revenue bonds and other obligations by the authority in such a manner as not to pledge the faith and credit of the state to the payment of such bonds and obligations and to use further such bond funds to provide a form of secondary market for lenders in further support of the educational loan program of the state. The General Assembly finds that it is desirable and cost efficient and will permit greater coordination of state student aid programs; maximum utilization of available student aid funds; simplification of procedures for students, parents, and educational institutions; and possible prevention of frauds and abuses, and thereby better serve the public interests of the state if a maximum degree of centralization in the management and administration of the functions of the corporation and the authority is provided for; and, further, that although public moneys may within the provisions of the Constitution of Georgia be appropriated for use by the corporation and by the authority for prescribed student aid purposes, such moneys may not be lawfully appropriated directly to the corporation nor the authority but must, in lieu thereof, be appropriated to an agency within the executive branch of state government for use by the corporation or the authority for such prescribed purposes. The General Assembly resolves, therefore, that in order to accomplish the foregoing essential and valid public purposes of the corporation as set forth in Part 2 of this article and of the authority as set forth in Part 3 of this article that it is necessary, essential, a valid public purpose, and within the meaning of the Constitution of Georgia to create the Georgia Student Finance Commission as an agency within the executive branch of state government for the purposes prescribed in this part.

(a) Legislative findings. The General Assembly has determined that it is a valid public purpose to promote the educational level of achievement of citizens and persons in this state by creating the Georgia Higher Education Assistance Corporation, a public authority, as provided for in Part 2 of this article, for the purpose of establishing and administering an educational loan program in this state in such a manner as not to pledge the faith and credit of the state to the payment of such educational loans as may be guaranteed by the corporation. The General Assembly has determined that it is a valid public purpose to promote further the educational level of achievement of citizens and persons in this state by creating the Georgia Student Finance Authority, a public authority, as provided for in Part 3 of this article, for the purpose of providing educational scholarship, grant, and loan assistance to citizens and persons in this state, in large part by educational loans to be funded through the issuance of revenue bonds and other obligations by the authority in such a manner as not to pledge the faith and credit of the state to the payment of such bonds and obligations and to use further such bond funds to provide a form of secondary market for lenders in further support of the educational loan program of the state. The General Assembly finds that it is desirable and cost efficient and will permit greater coordination of state student aid programs; maximum utilization of available student aid funds; simplification of procedures for students, parents, and educational institutions; and possible prevention of frauds and abuses, and thereby better serve the public interests of the state if a maximum degree of centralization in the management and administration of the functions of the corporation and the authority is provided for; and, further, that although public moneys may within the provisions of the Constitution of Georgia be appropriated for use by the corporation and by the authority for prescribed student aid purposes, such moneys may not be lawfully appropriated directly to the corporation nor the authority but must, in lieu thereof, be appropriated to an agency within the executive branch of state government for use by the corporation or the authority for such prescribed purposes. The General Assembly resolves, therefore, that in order to accomplish the foregoing essential and valid public purposes of the corporation as set forth in Part 2 of this article and of the authority as set forth in Part 3 of this article that it is necessary, essential, a valid public purpose, and within the meaning of the Constitution of Georgia to create the Georgia Student Finance Commission as an agency within the executive branch of state government for the purposes prescribed in this part.

(b) Purpose of commission. The purpose of the commission shall be to help improve the higher educational opportunities of citizens and persons in this state by serving as an agency and budget unit within the executive branch of state government for the purpose of carrying out and effectuating the powers, duties, and functions set forth in this part.

(b) Purpose of commission. The purpose of the commission shall be to help improve the higher educational opportunities of citizens and persons in this state by serving as an agency and budget unit within the executive branch of state government for the purpose of carrying out and effectuating the powers, duties, and functions set forth in this part.
O.C.G.A. § 20-12-9 — GA Code / Title 20 / Chapter 12 / Section 20-12-9
Georgia Code Title 20. Education § 20-12-9
Status: in_force

This chapter, being for the welfare of the state and its inhabitants, shall be liberally construed to effect its purposes.
O.C.G.A. § 20-3-86 — GA Code / Title 20 / Chapter 3 / Section 20-3-86
Georgia Code Title 20. Education § 20-3-86
Status: repealed

Revenue collected by any or all institutions in the university system from tuition, departmental sales or services, continuing education fees, technology fees, or indirect cost recoveries shall not lapse. The amount of revenue from tuition that shall not lapse under this Code section shall not exceed 3 percent of the tuition collected. This Code section shall stand repealed on July 1, 2026. Not later than October 15 each year, the board of regents shall provide to the Governor, the chairperson of the House Committee on Appropriations, and the chairperson of the Senate Appropriations Committee a report of all nonlapsing revenue provided for in this Code section from the preceding fiscal year, the anticipated plans for the use of such nonlapsing revenue, the actual expenses paid for from nonlapsing revenue from the previous fiscal year, and the cumulative balance of nonlapsed revenue.
O.C.G.A. § 20-1-2 — GA Code / Title 20 / Chapter 1 / Section 20-1-2
Georgia Code Title 20. Education § 20-1-2
Status: in_force

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.
O.C.G.A. § 20-2-325 — GA Code / Title 20 / Chapter 2 / Section 20-2-325
Georgia Code Title 20. Education § 20-2-325
Status: in_force

This part shall be known and may be cited as the “Building Resourceful Individuals to Develop Georgia's Economy Act.”
O.C.G.A. § 20-3-234 — GA Code / Title 20 / Chapter 3 / Section 20-3-234
Georgia Code Title 20. Education § 20-3-234
Status: in_force

(a) Functions and composition of board of commissioners. (1) The commission shall be governed and all of its powers, duties, and functions shall be exercised by a board of commissioners. The board of commissioners shall be composed of the following public commissioners, to be appointed by the Governor, subject to confirmation by the Senate: one public commissioner from each congressional district of the state who is and who remains during the term of his or her appointment a resident of the district being represented. The executive director of the commission, or president, if designated by such title by the board of commissioners, shall be an ex officio member of the board of commissioners. Neither the Governor nor any state official not designated in this paragraph shall be appointed as a commissioner. All public commissioner appointments made by the Governor when the Senate is not in session shall be effective ad interim. (2) The board of commissioners provided for by paragraph (1) of this subsection shall be the successor to and a continuation of, without interruption, the board of commissioners of the previously existing Georgia State Scholarship Commission. The board of commissioners of the previously existing Georgia State Scholarship Commission, excepting the chairperson of the board of regents, who shall not be a member of the board of commissioners, shall be the board of commissioners created by subsection (a) of Code Section 20-3-233 ; and each public commissioner shall continue to serve for the term of office to which he or she was appointed. Upon expiration of his or her respective term or in the event of a vacancy, his or her successor shall be appointed, or appointments to fill vacancies occurring shall be made, by executive order of the Governor as provided for in this Code section.

(a) Functions and composition of board of commissioners.

(1) The commission shall be governed and all of its powers, duties, and functions shall be exercised by a board of commissioners. The board of commissioners shall be composed of the following public commissioners, to be appointed by the Governor, subject to confirmation by the Senate: one public commissioner from each congressional district of the state who is and who remains during the term of his or her appointment a resident of the district being represented. The executive director of the commission, or president, if designated by such title by the board of commissioners, shall be an ex officio member of the board of commissioners. Neither the Governor nor any state official not designated in this paragraph shall be appointed as a commissioner. All public commissioner appointments made by the Governor when the Senate is not in session shall be effective ad interim.

(1) The commission shall be governed and all of its powers, duties, and functions shall be exercised by a board of commissioners. The board of commissioners shall be composed of the following public commissioners, to be appointed by the Governor, subject to confirmation by the Senate: one public commissioner from each congressional district of the state who is and who remains during the term of his or her appointment a resident of the district being represented. The executive director of the commission, or president, if designated by such title by the board of commissioners, shall be an ex officio member of the board of commissioners. Neither the Governor nor any state official not designated in this paragraph shall be appointed as a commissioner. All public commissioner appointments made by the Governor when the Senate is not in session shall be effective ad interim.

(2) The board of commissioners provided for by paragraph (1) of this subsection shall be the successor to and a continuation of, without interruption, the board of commissioners of the previously existing Georgia State Scholarship Commission. The board of commissioners of the previously existing Georgia State Scholarship Commission, excepting the chairperson of the board of regents, who shall not be a member of the board of commissioners, shall be the board of commissioners created by subsection (a) of Code Section 20-3-233 ; and each public commissioner shall continue to serve for the term of office to which he or she was appointed. Upon expiration of his or her respective term or in the event of a vacancy, his or her successor shall be appointed, or appointments to fill vacancies occurring shall be made, by executive order of the Governor as provided for in this Code section.

(2) The board of commissioners provided for by paragraph (1) of this subsection shall be the successor to and a continuation of, without interruption, the board of commissioners of the previously existing Georgia State Scholarship Commission. The board of commissioners of the previously existing Georgia State Scholarship Commission, excepting the chairperson of the board of regents, who shall not be a member of the board of commissioners, shall be the board of commissioners created by subsection (a) of Code Section 20-3-233 ; and each public commissioner shall continue to serve for the term of office to which he or she was appointed. Upon expiration of his or her respective term or in the event of a vacancy, his or her successor shall be appointed, or appointments to fill vacancies occurring shall be made, by executive order of the Governor as provided for in this Code section.

(b) Qualifications and terms of public commissioners. Public commissioners shall be appointed by executive order of the Governor to serve for a term of six years and until their successors are appointed and qualified and shall be eligible for reappointment to successive terms. Appointments made after the expiration of a term or to fill a vacancy occurring on the commission shall be made by the Governor in the same manner but only for the duration of the unexpired term. Public commissioners shall be at least 21 years of age, citizens of the United States, and residents of Georgia for at least two years at the time of their appointment. No public commissioner shall be currently employed or contracted by a public or private postsecondary institution in the State of Georgia. Public commissioners shall be subject to the code of ethics covering members of commissions, boards, directors, and authorities as set forth in Code Sections 45-10-3 and 45-10-4 and shall be subject to removal for violation thereof as provided for in such Code sections. No commissioner shall be eligible to become an officer or employee of the commission for a period of one year after expiration of the commissioner's period of service as a commissioner.

(b) Qualifications and terms of public commissioners. Public commissioners shall be appointed by executive order of the Governor to serve for a term of six years and until their successors are appointed and qualified and shall be eligible for reappointment to successive terms. Appointments made after the expiration of a term or to fill a vacancy occurring on the commission shall be made by the Governor in the same manner but only for the duration of the unexpired term. Public commissioners shall be at least 21 years of age, citizens of the United States, and residents of Georgia for at least two years at the time of their appointment. No public commissioner shall be currently employed or contracted by a public or private postsecondary institution in the State of Georgia. Public commissioners shall be subject to the code of ethics covering members of commissions, boards, directors, and authorities as set forth in Code Sections 45-10-3 and 45-10-4 and shall be subject to removal for violation thereof as provided for in such Code sections. No commissioner shall be eligible to become an officer or employee of the commission for a period of one year after expiration of the commissioner's period of service as a commissioner.

(c) Officers of board of commissioners. The officers of the board of commissioners shall consist of a chairperson and a vice chairperson, who shall serve as chairperson in the absence or incapacity of the chairperson, each of whom shall be elected from the public commissioners of the board to serve for a term of not more than two years and who shall be eligible for reelection to successive terms unless otherwise provided in the bylaws of the commission, and a secretary of the board of commissioners, who may be a commissioner or an employee of the commission.

(c) Officers of board of commissioners. The officers of the board of commissioners shall consist of a chairperson and a vice chairperson, who shall serve as chairperson in the absence or incapacity of the chairperson, each of whom shall be elected from the public commissioners of the board to serve for a term of not more than two years and who shall be eligible for reelection to successive terms unless otherwise provided in the bylaws of the commission, and a secretary of the board of commissioners, who may be a commissioner or an employee of the commission.

(d) Meetings of board of commissioners. The board of commissioners shall provide for the holding of regular and special meetings. The board of commissioners shall hold at least one regular meeting during each fiscal year but may hold as many regular meetings during any fiscal year as may be deemed necessary. The chairperson is authorized to call at any time a special meeting of the board of commissioners, provided at least five days' advance notice is provided to each commissioner. A majority of the commissioners then in office shall constitute a quorum for the transaction of any business and for the exercise of any power, duty, or function of the board of commissioners; and no vacancy on the board of commissioners shall impair the right of a quorum of the commissioners then in office to transact any business or to exercise any power, duty, or function of the board of commissioners. The concurrence of a majority of commissioners present at any meeting of the board of commissioners at which a quorum is present shall be sufficient to constitute official action of the board of commissioners. All meetings of the board of commissioners shall be open to the public except as otherwise provided by state law. Meetings of the board of commissioners shall generally be held at the principal office or place of business of the commission but may be held elsewhere within the state when authorized by the board of commissioners.

(d) Meetings of board of commissioners. The board of commissioners shall provide for the holding of regular and special meetings. The board of commissioners shall hold at least one regular meeting during each fiscal year but may hold as many regular meetings during any fiscal year as may be deemed necessary. The chairperson is authorized to call at any time a special meeting of the board of commissioners, provided at least five days' advance notice is provided to each commissioner. A majority of the commissioners then in office shall constitute a quorum for the transaction of any business and for the exercise of any power, duty, or function of the board of commissioners; and no vacancy on the board of commissioners shall impair the right of a quorum of the commissioners then in office to transact any business or to exercise any power, duty, or function of the board of commissioners. The concurrence of a majority of commissioners present at any meeting of the board of commissioners at which a quorum is present shall be sufficient to constitute official action of the board of commissioners. All meetings of the board of commissioners shall be open to the public except as otherwise provided by state law. Meetings of the board of commissioners shall generally be held at the principal office or place of business of the commission but may be held elsewhere within the state when authorized by the board of commissioners.

(e) Executive committee. The board of commissioners is authorized to establish, elect, and provide for the organization and duties of an executive committee of the board of commissioners, to consist of not less than five commissioners, which may, in intervals between regular meetings of the board of commissioners, meet and transact any business and exercise any power, duty, or function of the board of commissioners unless otherwise restricted by the board of commissioners. The presence at a meeting of the executive committee of a majority of the members of such committee shall constitute a quorum. The concurrence of members of the executive committee equal to a majority of the membership of the executive committee shall be required to constitute official action of the executive committee. Any authorized official action taken by the executive committee shall be binding upon the board of commissioners and the commission until the next regular meeting of the board of commissioners. Meetings of the executive committee shall be open to the public except as otherwise provided by state law. Meetings of the executive committee shall generally be held at the principal office or place of business of the commission but may be held elsewhere within the state when authorized by the board of commissioners. Whenever the board of commissioners, at any regularly scheduled meeting of the board of commissioners, shall fail to have a quorum present, but a quorum of the executive committee of the board of commissioners is present, such meeting shall continue as an official meeting of the executive committee under this subsection for the purpose of taking any official action which the executive committee is otherwise authorized to take.

(e) Executive committee. The board of commissioners is authorized to establish, elect, and provide for the organization and duties of an executive committee of the board of commissioners, to consist of not less than five commissioners, which may, in intervals between regular meetings of the board of commissioners, meet and transact any business and exercise any power, duty, or function of the board of commissioners unless otherwise restricted by the board of commissioners. The presence at a meeting of the executive committee of a majority of the members of such committee shall constitute a quorum. The concurrence of members of the executive committee equal to a majority of the membership of the executive committee shall be required to constitute official action of the executive committee. Any authorized official action taken by the executive committee shall be binding upon the board of commissioners and the commission until the next regular meeting of the board of commissioners. Meetings of the executive committee shall be open to the public except as otherwise provided by state law. Meetings of the executive committee shall generally be held at the principal office or place of business of the commission but may be held elsewhere within the state when authorized by the board of commissioners. Whenever the board of commissioners, at any regularly scheduled meeting of the board of commissioners, shall fail to have a quorum present, but a quorum of the executive committee of the board of commissioners is present, such meeting shall continue as an official meeting of the executive committee under this subsection for the purpose of taking any official action which the executive committee is otherwise authorized to take.

(f) Other committees. The board of commissioners is authorized to establish and provide for the organization and duties of such other interim or standing committees of the board of commissioners as it may deem necessary in the performance of its powers, duties, and functions. Such other committees may only be authorized to investigate or to consider, and to report their findings or recommendations to the board of commissioners, upon such matter or matters as the board of commissioners shall prescribe and may not be authorized to take any binding action for or on behalf of the board of commissioners.

(f) Other committees. The board of commissioners is authorized to establish and provide for the organization and duties of such other interim or standing committees of the board of commissioners as it may deem necessary in the performance of its powers, duties, and functions. Such other committees may only be authorized to investigate or to consider, and to report their findings or recommendations to the board of commissioners, upon such matter or matters as the board of commissioners shall prescribe and may not be authorized to take any binding action for or on behalf of the board of commissioners.

(g) Compensation of commissioners. Public commissioners shall receive the sum provided by Code Section 45-7-21 for each day of actual attendance at meetings of the commission or for each day of travel, within or outside the state, as a member of the commission, which travel has been authorized by the chairperson or by action of the commission, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile to and from the place of meeting. No member of the commission shall be authorized to receive the sums, expenses, and costs provided by this subsection for more than 18 days per year.

(g) Compensation of commissioners. Public commissioners shall receive the sum provided by Code Section 45-7-21 for each day of actual attendance at meetings of the commission or for each day of travel, within or outside the state, as a member of the commission, which travel has been authorized by the chairperson or by action of the commission, plus reimbursement for actual transportation costs while traveling by public carrier or the legal mileage rate for the use of a personal automobile to and from the place of meeting. No member of the commission shall be authorized to receive the sums, expenses, and costs provided by this subsection for more than 18 days per year.

(h) Advisory councils. The board of commissioners is authorized to provide for the creation of one or more advisory councils pursuant to Code Section 50-4-4 as the board of commissioners may determine to be needful or helpful to the commission in the performance of its powers, duties, and functions under this part and to prescribe all matters relative thereto, including, without limitation, their membership, organization, duties, meetings, authorized travel, and the payment of per diem to and actual expenses incurred by advisory councilmembers while in the performance of duties prescribed by the board of commissioners.

(h) Advisory councils. The board of commissioners is authorized to provide for the creation of one or more advisory councils pursuant to Code Section 50-4-4 as the board of commissioners may determine to be needful or helpful to the commission in the performance of its powers, duties, and functions under this part and to prescribe all matters relative thereto, including, without limitation, their membership, organization, duties, meetings, authorized travel, and the payment of per diem to and actual expenses incurred by advisory councilmembers while in the performance of duties prescribed by the board of commissioners.
O.C.G.A. § 20-2-244 — GA Code / Title 20 / Chapter 2 / Section 20-2-244
Georgia Code Title 20. Education § 20-2-244
Status: in_force

(a) 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.

(a) 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.

(b) 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.

(b) 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.

(c) The provisions of this Code section shall not apply to charter schools.

(c) The provisions of this Code section shall not apply to charter schools.

(d) 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.

(d) 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;

(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;

(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;

(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;

(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;

(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;

(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

(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.

(8) A resolution from the local school board approving the waiver request.

(e) 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.

(e) 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.

(f) 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.

(f) 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.

(g) 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.

(g) 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;

(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;

(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

(3) Certification requirements in Code Section 20-2-200 ; or

(4) Salary schedule requirements in Code Section 20-2-212 .

(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.

(h) 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.

(h) 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.