O.C.G.A. § 20-2-210 — GA Code / Title 20 / Chapter 2 / Section 20-2-210
Georgia Code Title 20. Education § 20-2-210
Status: in_force

(a) All personnel employed by local units of administration, including school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential as provided pursuant to subsection (e) of this Code section. In the case of local school superintendents, such evaluations shall be performed by the local board of education. The state board may provide a model annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. Unless otherwise provided by law, local units of administration are authorized to use the models developed by the State Board of Education.

(a) All personnel employed by local units of administration, including school superintendents, shall have their performance evaluated annually by appropriately trained evaluators. All such performance evaluation records shall be part of the personnel evaluation file and shall be confidential as provided pursuant to subsection (e) of this Code section. In the case of local school superintendents, such evaluations shall be performed by the local board of education. The state board may provide a model annual evaluation instrument for each classification of professional personnel certificated by the Professional Standards Commission. Unless otherwise provided by law, local units of administration are authorized to use the models developed by the State Board of Education.

(b)(1) No later than the 2014-2015 school year, each local school system and all charter schools shall implement an evaluation system as adopted and defined by the State Board of Education for elementary and secondary school teachers of record, assistant principals, and principals. The evaluation system shall be developed by the department in consultation with stakeholders, such as teachers and principals. The evaluation system shall use multiple measures as specified in this subsection. For purposes of the evaluation system established pursuant to this subsection, the state board shall define and designate teachers of record, assistant principals, and principals; provided, however, that growth in student achievement shall not include the test scores of any student who has not been in attendance for a specific course for at least 90 percent of the instructional days for such course. (2) As used in this subsection, the term “ on-time graduation rate ” means the graduation rate of the four-year cohort of students that attend a school continuously from October 1 of the calendar year four years prior to the calendar year of the regular date of graduation of that cohort and graduate on or before that regular date of graduation. This graduation rate shall be calculated in addition to, and not as a substitute for, any other graduation rate provided for by federal, state, or local law or regulation. (3) Teachers of record, assistant principals, and principals shall be evaluated using multiple, rigorous, and transparent measures. Teachers of record, assistant principals, and principals shall be given written notice in advance of the school year of the evaluation measures and any specific indicators that will be used to evaluate them. Beginning with the 2016-2017 school year, evaluation measures shall include the following elements: (A) For teachers of record who teach courses that are subject to annual state assessments aligned with state standards, the evaluation shall be composed of the following: (i) Student growth, based on student scores on the annual state assessment, shall count for 30 percent of the evaluation; (ii) Professional growth shall count for 20 percent of the evaluation. Professional growth shall be measured by progress toward or attainment of professional growth goals within an academic school year or across academic school years. Professional growth goals may include measurements based on multiple student growth indicators, evaluations and observations, standards of practice, and any additional professional growth measures allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract; and (iii) Teacher evaluations and observations conducted pursuant to paragraph (5) of this subsection shall count for 50 percent of the evaluation. (B) For teachers of record who teach courses that are not subject to annual state assessments aligned with state standards, the evaluation shall be composed of the following: (i) Student growth shall count for 30 percent of the evaluation. Student growth shall include at least one student growth measure and may utilize other student growth indicators, including the school or local school system total score on the annual state assessments, as allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract for at least one classroom for each teacher of record who teaches courses that are not subject to annual state assessments aligned with state standards. This provision shall not be construed to require the measurement of student growth for every student taking courses that are not subject to annual state assessments aligned with state standards; (ii) Professional growth shall count for 20 percent of the evaluation. Professional growth shall be measured by progress toward or attainment of professional growth goals within an academic school year or across academic school years. Professional growth goals may include measurements based on multiple student growth indicators, evaluations and observations, standards of practice, and any additional professional growth measures allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract; and (iii) Teacher evaluations and observations conducted pursuant to paragraph (5) of this subsection shall count for 50 percent of the evaluation. (C) For principals and assistant principals, the evaluation shall be composed of the following: (i) Student growth, based on the school score on annual state assessments, shall count for 40 percent of the evaluation; (ii) School climate shall count for 10 percent of the evaluation; (iii) A combination of achievement gap closure, Beat the Odds, and College and Career Readiness Performance Index data, as allowed by the flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract, shall count for 20 percent of the evaluation; and (iv) The results of evaluations, observations, and standards of practice shall count for 30 percent of the evaluation. (4) The evaluation system adopted by the State Board of Education shall give every teacher of record, assistant principal, and principal one of four rating levels that are designated as “Exemplary,” “Proficient,” “Needs Development,” or “Ineffective,” as further defined by the State Board of Education. A rating of “Ineffective” shall constitute evidence of incompetency as provided by paragraph (1) of subsection (a) of Code Section 20-2-940 . Each teacher of record, assistant principal, and principal shall be evaluated on his or her own individual merits and neither the State Board of Education, a local school system, nor a charter school shall impose or require any quota system or predetermined distribution of ratings for teachers of record, assistant principals, or principals. (5) All teachers of record, assistant principals, and principals shall have a pre-evaluation conference, midyear evaluation conference, and a summative evaluation conference, in accordance with state board rules. All teachers of record, assistant principals, and principals shall be notified of and have access to the results of the annual summative performance evaluation and any formative observations conducted throughout the school year pursuant to this subsection within ten working days of such evaluation or observations. A teacher of record, assistant principal, or principal, or an evaluator of any such individuals, may request a conference within ten working days of notice of results of a formative observation and such conference shall be provided within ten working days of the request. Conferences shall include the individual being evaluated, his or her supervisor, and the evaluator, unless otherwise agreed upon. For teachers of record, the annual evaluation shall include multiple classroom observations conducted each year by appropriately trained and credentialed evaluators, using clear, consistent observation rubrics, and supplemented by other measures aligned with student achievement and professional growth. A local school system or charter school may include in its flexibility contract, or other agreement with the State Board of Education for local school systems that are not under a flexibility contract, a provision for a tiered evaluation system, in which reduced observations of certain teachers of record may be conducted. For the evaluation of teachers of record with a minimum of three years' teaching experience and a performance rating of “Proficient” or “Exemplary” pursuant to paragraph (4) of this subsection in the previous school year, the local school system or charter school, in its discretion, shall require no less than two classroom observations and one summative evaluation for the school year. Each local school system participating in a tiered evaluation system shall apply the resources saved due to the reduced number of evaluations for evaluators to coach and mentor teachers with three years or less of experience and teachers with a performance rating of “Needs Development” or “Ineffective” pursuant to paragraph (4) of this subsection on a pathway of continuous improvement. Coaching and mentoring support for such teachers may include professional growth plans and remediation plans in evaluation systems if such elements are already required in the evaluation system used to rate the teacher's performance. (6) In order to ensure proper implementation of the evaluation system developed pursuant to this Code section, the Department of Education shall: (A) Establish processes and requirements to determine the teacher of record for purposes of assigning student achievement scores to a teacher in evaluating the teacher's performance; (B) Establish processes for roster verification and student teacher linkages in order to assign the student's achievement scores to the teacher for the purposes of evaluating the teacher's performance; (C) Establish minimum training and credentialing requirements for evaluators of teachers and principals; and (D) Provide data systems to support the professional growth of teachers and leaders and facilitate human capital management. (7) As used in this subsection, the term “ flexibility contract ” means a charter for a charter system or a charter school or a contract entered into with the State Board of Education for a strategic waivers school system.

(b)(1) No later than the 2014-2015 school year, each local school system and all charter schools shall implement an evaluation system as adopted and defined by the State Board of Education for elementary and secondary school teachers of record, assistant principals, and principals. The evaluation system shall be developed by the department in consultation with stakeholders, such as teachers and principals. The evaluation system shall use multiple measures as specified in this subsection. For purposes of the evaluation system established pursuant to this subsection, the state board shall define and designate teachers of record, assistant principals, and principals; provided, however, that growth in student achievement shall not include the test scores of any student who has not been in attendance for a specific course for at least 90 percent of the instructional days for such course.

(b)(1) No later than the 2014-2015 school year, each local school system and all charter schools shall implement an evaluation system as adopted and defined by the State Board of Education for elementary and secondary school teachers of record, assistant principals, and principals. The evaluation system shall be developed by the department in consultation with stakeholders, such as teachers and principals. The evaluation system shall use multiple measures as specified in this subsection. For purposes of the evaluation system established pursuant to this subsection, the state board shall define and designate teachers of record, assistant principals, and principals; provided, however, that growth in student achievement shall not include the test scores of any student who has not been in attendance for a specific course for at least 90 percent of the instructional days for such course.

(2) As used in this subsection, the term “ on-time graduation rate ” means the graduation rate of the four-year cohort of students that attend a school continuously from October 1 of the calendar year four years prior to the calendar year of the regular date of graduation of that cohort and graduate on or before that regular date of graduation. This graduation rate shall be calculated in addition to, and not as a substitute for, any other graduation rate provided for by federal, state, or local law or regulation.

(2) As used in this subsection, the term “ on-time graduation rate ” means the graduation rate of the four-year cohort of students that attend a school continuously from October 1 of the calendar year four years prior to the calendar year of the regular date of graduation of that cohort and graduate on or before that regular date of graduation. This graduation rate shall be calculated in addition to, and not as a substitute for, any other graduation rate provided for by federal, state, or local law or regulation.

(3) Teachers of record, assistant principals, and principals shall be evaluated using multiple, rigorous, and transparent measures. Teachers of record, assistant principals, and principals shall be given written notice in advance of the school year of the evaluation measures and any specific indicators that will be used to evaluate them. Beginning with the 2016-2017 school year, evaluation measures shall include the following elements: (A) For teachers of record who teach courses that are subject to annual state assessments aligned with state standards, the evaluation shall be composed of the following: (i) Student growth, based on student scores on the annual state assessment, shall count for 30 percent of the evaluation; (ii) Professional growth shall count for 20 percent of the evaluation. Professional growth shall be measured by progress toward or attainment of professional growth goals within an academic school year or across academic school years. Professional growth goals may include measurements based on multiple student growth indicators, evaluations and observations, standards of practice, and any additional professional growth measures allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract; and (iii) Teacher evaluations and observations conducted pursuant to paragraph (5) of this subsection shall count for 50 percent of the evaluation. (B) For teachers of record who teach courses that are not subject to annual state assessments aligned with state standards, the evaluation shall be composed of the following: (i) Student growth shall count for 30 percent of the evaluation. Student growth shall include at least one student growth measure and may utilize other student growth indicators, including the school or local school system total score on the annual state assessments, as allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract for at least one classroom for each teacher of record who teaches courses that are not subject to annual state assessments aligned with state standards. This provision shall not be construed to require the measurement of student growth for every student taking courses that are not subject to annual state assessments aligned with state standards; (ii) Professional growth shall count for 20 percent of the evaluation. Professional growth shall be measured by progress toward or attainment of professional growth goals within an academic school year or across academic school years. Professional growth goals may include measurements based on multiple student growth indicators, evaluations and observations, standards of practice, and any additional professional growth measures allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract; and (iii) Teacher evaluations and observations conducted pursuant to paragraph (5) of this subsection shall count for 50 percent of the evaluation. (C) For principals and assistant principals, the evaluation shall be composed of the following: (i) Student growth, based on the school score on annual state assessments, shall count for 40 percent of the evaluation; (ii) School climate shall count for 10 percent of the evaluation; (iii) A combination of achievement gap closure, Beat the Odds, and College and Career Readiness Performance Index data, as allowed by the flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract, shall count for 20 percent of the evaluation; and (iv) The results of evaluations, observations, and standards of practice shall count for 30 percent of the evaluation.

(3) Teachers of record, assistant principals, and principals shall be evaluated using multiple, rigorous, and transparent measures. Teachers of record, assistant principals, and principals shall be given written notice in advance of the school year of the evaluation measures and any specific indicators that will be used to evaluate them. Beginning with the 2016-2017 school year, evaluation measures shall include the following elements:

(A) For teachers of record who teach courses that are subject to annual state assessments aligned with state standards, the evaluation shall be composed of the following: (i) Student growth, based on student scores on the annual state assessment, shall count for 30 percent of the evaluation; (ii) Professional growth shall count for 20 percent of the evaluation. Professional growth shall be measured by progress toward or attainment of professional growth goals within an academic school year or across academic school years. Professional growth goals may include measurements based on multiple student growth indicators, evaluations and observations, standards of practice, and any additional professional growth measures allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract; and (iii) Teacher evaluations and observations conducted pursuant to paragraph (5) of this subsection shall count for 50 percent of the evaluation.

(A) For teachers of record who teach courses that are subject to annual state assessments aligned with state standards, the evaluation shall be composed of the following:

(i) Student growth, based on student scores on the annual state assessment, shall count for 30 percent of the evaluation;

(i) Student growth, based on student scores on the annual state assessment, shall count for 30 percent of the evaluation;

(ii) Professional growth shall count for 20 percent of the evaluation. Professional growth shall be measured by progress toward or attainment of professional growth goals within an academic school year or across academic school years. Professional growth goals may include measurements based on multiple student growth indicators, evaluations and observations, standards of practice, and any additional professional growth measures allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract; and

(ii) Professional growth shall count for 20 percent of the evaluation. Professional growth shall be measured by progress toward or attainment of professional growth goals within an academic school year or across academic school years. Professional growth goals may include measurements based on multiple student growth indicators, evaluations and observations, standards of practice, and any additional professional growth measures allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract; and

(iii) Teacher evaluations and observations conducted pursuant to paragraph (5) of this subsection shall count for 50 percent of the evaluation.

(iii) Teacher evaluations and observations conducted pursuant to paragraph (5) of this subsection shall count for 50 percent of the evaluation.

(B) For teachers of record who teach courses that are not subject to annual state assessments aligned with state standards, the evaluation shall be composed of the following: (i) Student growth shall count for 30 percent of the evaluation. Student growth shall include at least one student growth measure and may utilize other student growth indicators, including the school or local school system total score on the annual state assessments, as allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract for at least one classroom for each teacher of record who teaches courses that are not subject to annual state assessments aligned with state standards. This provision shall not be construed to require the measurement of student growth for every student taking courses that are not subject to annual state assessments aligned with state standards; (ii) Professional growth shall count for 20 percent of the evaluation. Professional growth shall be measured by progress toward or attainment of professional growth goals within an academic school year or across academic school years. Professional growth goals may include measurements based on multiple student growth indicators, evaluations and observations, standards of practice, and any additional professional growth measures allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract; and (iii) Teacher evaluations and observations conducted pursuant to paragraph (5) of this subsection shall count for 50 percent of the evaluation.

(B) For teachers of record who teach courses that are not subject to annual state assessments aligned with state standards, the evaluation shall be composed of the following:

(i) Student growth shall count for 30 percent of the evaluation. Student growth shall include at least one student growth measure and may utilize other student growth indicators, including the school or local school system total score on the annual state assessments, as allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract for at least one classroom for each teacher of record who teaches courses that are not subject to annual state assessments aligned with state standards. This provision shall not be construed to require the measurement of student growth for every student taking courses that are not subject to annual state assessments aligned with state standards;

(i) Student growth shall count for 30 percent of the evaluation. Student growth shall include at least one student growth measure and may utilize other student growth indicators, including the school or local school system total score on the annual state assessments, as allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract for at least one classroom for each teacher of record who teaches courses that are not subject to annual state assessments aligned with state standards. This provision shall not be construed to require the measurement of student growth for every student taking courses that are not subject to annual state assessments aligned with state standards;

(ii) Professional growth shall count for 20 percent of the evaluation. Professional growth shall be measured by progress toward or attainment of professional growth goals within an academic school year or across academic school years. Professional growth goals may include measurements based on multiple student growth indicators, evaluations and observations, standards of practice, and any additional professional growth measures allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract; and

(ii) Professional growth shall count for 20 percent of the evaluation. Professional growth shall be measured by progress toward or attainment of professional growth goals within an academic school year or across academic school years. Professional growth goals may include measurements based on multiple student growth indicators, evaluations and observations, standards of practice, and any additional professional growth measures allowed by the local school system's or charter school's flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract; and

(iii) Teacher evaluations and observations conducted pursuant to paragraph (5) of this subsection shall count for 50 percent of the evaluation.

(iii) Teacher evaluations and observations conducted pursuant to paragraph (5) of this subsection shall count for 50 percent of the evaluation.

(C) For principals and assistant principals, the evaluation shall be composed of the following: (i) Student growth, based on the school score on annual state assessments, shall count for 40 percent of the evaluation; (ii) School climate shall count for 10 percent of the evaluation; (iii) A combination of achievement gap closure, Beat the Odds, and College and Career Readiness Performance Index data, as allowed by the flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract, shall count for 20 percent of the evaluation; and (iv) The results of evaluations, observations, and standards of practice shall count for 30 percent of the evaluation.

(C) For principals and assistant principals, the evaluation shall be composed of the following:

(i) Student growth, based on the school score on annual state assessments, shall count for 40 percent of the evaluation;

(i) Student growth, based on the school score on annual state assessments, shall count for 40 percent of the evaluation;

(ii) School climate shall count for 10 percent of the evaluation;

(ii) School climate shall count for 10 percent of the evaluation;

(iii) A combination of achievement gap closure, Beat the Odds, and College and Career Readiness Performance Index data, as allowed by the flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract, shall count for 20 percent of the evaluation; and

(iii) A combination of achievement gap closure, Beat the Odds, and College and Career Readiness Performance Index data, as allowed by the flexibility contract or other agreement with the State Board of Education for local school systems that are not under a flexibility contract, shall count for 20 percent of the evaluation; and

(iv) The results of evaluations, observations, and standards of practice shall count for 30 percent of the evaluation.

(iv) The results of evaluations, observations, and standards of practice shall count for 30 percent of the evaluation.

(4) The evaluation system adopted by the State Board of Education shall give every teacher of record, assistant principal, and principal one of four rating levels that are designated as “Exemplary,” “Proficient,” “Needs Development,” or “Ineffective,” as further defined by the State Board of Education. A rating of “Ineffective” shall constitute evidence of incompetency as provided by paragraph (1) of subsection (a) of Code Section 20-2-940 . Each teacher of record, assistant principal, and principal shall be evaluated on his or her own individual merits and neither the State Board of Education, a local school system, nor a charter school shall impose or require any quota system or predetermined distribution of ratings for teachers of record, assistant principals, or principals.

(4) The evaluation system adopted by the State Board of Education shall give every teacher of record, assistant principal, and principal one of four rating levels that are designated as “Exemplary,” “Proficient,” “Needs Development,” or “Ineffective,” as further defined by the State Board of Education. A rating of “Ineffective” shall constitute evidence of incompetency as provided by paragraph (1) of subsection (a) of Code Section 20-2-940 . Each teacher of record, assistant principal, and principal shall be evaluated on his or her own individual merits and neither the State Board of Education, a local school system, nor a charter school shall impose or require any quota system or predetermined distribution of ratings for teachers of record, assistant principals, or principals.

(5) All teachers of record, assistant principals, and principals shall have a pre-evaluation conference, midyear evaluation conference, and a summative evaluation conference, in accordance with state board rules. All teachers of record, assistant principals, and principals shall be notified of and have access to the results of the annual summative performance evaluation and any formative observations conducted throughout the school year pursuant to this subsection within ten working days of such evaluation or observations. A teacher of record, assistant principal, or principal, or an evaluator of any such individuals, may request a conference within ten working days of notice of results of a formative observation and such conference shall be provided within ten working days of the request. Conferences shall include the individual being evaluated, his or her supervisor, and the evaluator, unless otherwise agreed upon. For teachers of record, the annual evaluation shall include multiple classroom observations conducted each year by appropriately trained and credentialed evaluators, using clear, consistent observation rubrics, and supplemented by other measures aligned with student achievement and professional growth. A local school system or charter school may include in its flexibility contract, or other agreement with the State Board of Education for local school systems that are not under a flexibility contract, a provision for a tiered evaluation system, in which reduced observations of certain teachers of record may be conducted. For the evaluation of teachers of record with a minimum of three years' teaching experience and a performance rating of “Proficient” or “Exemplary” pursuant to paragraph (4) of this subsection in the previous school year, the local school system or charter school, in its discretion, shall require no less than two classroom observations and one summative evaluation for the school year. Each local school system participating in a tiered evaluation system shall apply the resources saved due to the reduced number of evaluations for evaluators to coach and mentor teachers with three years or less of experience and teachers with a performance rating of “Needs Development” or “Ineffective” pursuant to paragraph (4) of this subsection on a pathway of continuous improvement. Coaching and mentoring support for such teachers may include professional growth plans and remediation plans in evaluation systems if such elements are already required in the evaluation system used to rate the teacher's performance.

(5) All teachers of record, assistant principals, and principals shall have a pre-evaluation conference, midyear evaluation conference, and a summative evaluation conference, in accordance with state board rules. All teachers of record, assistant principals, and principals shall be notified of and have access to the results of the annual summative performance evaluation and any formative observations conducted throughout the school year pursuant to this subsection within ten working days of such evaluation or observations. A teacher of record, assistant principal, or principal, or an evaluator of any such individuals, may request a conference within ten working days of notice of results of a formative observation and such conference shall be provided within ten working days of the request. Conferences shall include the individual being evaluated, his or her supervisor, and the evaluator, unless otherwise agreed upon. For teachers of record, the annual evaluation shall include multiple classroom observations conducted each year by appropriately trained and credentialed evaluators, using clear, consistent observation rubrics, and supplemented by other measures aligned with student achievement and professional growth. A local school system or charter school may include in its flexibility contract, or other agreement with the State Board of Education for local school systems that are not under a flexibility contract, a provision for a tiered evaluation system, in which reduced observations of certain teachers of record may be conducted. For the evaluation of teachers of record with a minimum of three years' teaching experience and a performance rating of “Proficient” or “Exemplary” pursuant to paragraph (4) of this subsection in the previous school year, the local school system or charter school, in its discretion, shall require no less than two classroom observations and one summative evaluation for the school year. Each local school system participating in a tiered evaluation system shall apply the resources saved due to the reduced number of evaluations for evaluators to coach and mentor teachers with three years or less of experience and teachers with a performance rating of “Needs Development” or “Ineffective” pursuant to paragraph (4) of this subsection on a pathway of continuous improvement. Coaching and mentoring support for such teachers may include professional growth plans and remediation plans in evaluation systems if such elements are already required in the evaluation system used to rate the teacher's performance.

(6) In order to ensure proper implementation of the evaluation system developed pursuant to this Code section, the Department of Education shall: (A) Establish processes and requirements to determine the teacher of record for purposes of assigning student achievement scores to a teacher in evaluating the teacher's performance; (B) Establish processes for roster verification and student teacher linkages in order to assign the student's achievement scores to the teacher for the purposes of evaluating the teacher's performance; (C) Establish minimum training and credentialing requirements for evaluators of teachers and principals; and (D) Provide data systems to support the professional growth of teachers and leaders and facilitate human capital management.

(6) In order to ensure proper implementation of the evaluation system developed pursuant to this Code section, the Department of Education shall:

(A) Establish processes and requirements to determine the teacher of record for purposes of assigning student achievement scores to a teacher in evaluating the teacher's performance;

(A) Establish processes and requirements to determine the teacher of record for purposes of assigning student achievement scores to a teacher in evaluating the teacher's performance;

(B) Establish processes for roster verification and student teacher linkages in order to assign the student's achievement scores to the teacher for the purposes of evaluating the teacher's performance;

(B) Establish processes for roster verification and student teacher linkages in order to assign the student's achievement scores to the teacher for the purposes of evaluating the teacher's performance;

(C) Establish minimum training and credentialing requirements for evaluators of teachers and principals; and

(C) Establish minimum training and credentialing requirements for evaluators of teachers and principals; and

(D) Provide data systems to support the professional growth of teachers and leaders and facilitate human capital management.

(D) Provide data systems to support the professional growth of teachers and leaders and facilitate human capital management.

(7) As used in this subsection, the term “ flexibility contract ” means a charter for a charter system or a charter school or a contract entered into with the State Board of Education for a strategic waivers school system.

(7) As used in this subsection, the term “ flexibility contract ” means a charter for a charter system or a charter school or a contract entered into with the State Board of Education for a strategic waivers school system.

(c)(1) Except as otherwise provided in Code Section 20-2-948 , local school systems shall base decisions regarding retention, promotion, compensation, dismissals, and other staffing decisions, including transfers, placements, and preferences in the event of reductions in force, primarily on the results of the evaluations developed as required by this subsection. Such evaluation results shall also be used to provide high-quality, job embedded, and ongoing mentoring, support, and professional development for teachers, assistant principals, and principals, as appropriate, aligned to the teacher's, assistant principal's, or principal's needs as identified in his or her evaluation. (2) A teacher or other certificated professional personnel's salary increase or bonus that is based in whole or in part on an evaluation which included student assessment results, standardized test scores, or standardized test answers that were falsified by such teacher or professional or known or caused by such teacher or professional to have been falsified shall be automatically forfeited. A teacher or other certificated professional personnel shall forfeit his or her right or interest in such salary increase or bonus and shall be liable for the repayment of any and all amounts previously paid to him or her based, in whole or in part, on the results of falsified student assessment results, falsified standardized test scores, or falsified standardized test answers.

(c)(1) Except as otherwise provided in Code Section 20-2-948 , local school systems shall base decisions regarding retention, promotion, compensation, dismissals, and other staffing decisions, including transfers, placements, and preferences in the event of reductions in force, primarily on the results of the evaluations developed as required by this subsection. Such evaluation results shall also be used to provide high-quality, job embedded, and ongoing mentoring, support, and professional development for teachers, assistant principals, and principals, as appropriate, aligned to the teacher's, assistant principal's, or principal's needs as identified in his or her evaluation.

(c)(1) Except as otherwise provided in Code Section 20-2-948 , local school systems shall base decisions regarding retention, promotion, compensation, dismissals, and other staffing decisions, including transfers, placements, and preferences in the event of reductions in force, primarily on the results of the evaluations developed as required by this subsection. Such evaluation results shall also be used to provide high-quality, job embedded, and ongoing mentoring, support, and professional development for teachers, assistant principals, and principals, as appropriate, aligned to the teacher's, assistant principal's, or principal's needs as identified in his or her evaluation.

(2) A teacher or other certificated professional personnel's salary increase or bonus that is based in whole or in part on an evaluation which included student assessment results, standardized test scores, or standardized test answers that were falsified by such teacher or professional or known or caused by such teacher or professional to have been falsified shall be automatically forfeited. A teacher or other certificated professional personnel shall forfeit his or her right or interest in such salary increase or bonus and shall be liable for the repayment of any and all amounts previously paid to him or her based, in whole or in part, on the results of falsified student assessment results, falsified standardized test scores, or falsified standardized test answers.

(2) A teacher or other certificated professional personnel's salary increase or bonus that is based in whole or in part on an evaluation which included student assessment results, standardized test scores, or standardized test answers that were falsified by such teacher or professional or known or caused by such teacher or professional to have been falsified shall be automatically forfeited. A teacher or other certificated professional personnel shall forfeit his or her right or interest in such salary increase or bonus and shall be liable for the repayment of any and all amounts previously paid to him or her based, in whole or in part, on the results of falsified student assessment results, falsified standardized test scores, or falsified standardized test answers.

(d) The superintendent of each local school system shall identify an appropriately trained evaluator for each person employed by the local unit of administration for the purposes of completing an annual evaluation as required by this Code section. The superintendent of each local school system shall be responsible for ensuring compliance with this Code section.

(d) The superintendent of each local school system shall identify an appropriately trained evaluator for each person employed by the local unit of administration for the purposes of completing an annual evaluation as required by this Code section. The superintendent of each local school system shall be responsible for ensuring compliance with this Code section.

(e)(1) All records, including surveys and evaluation instruments, associated with individual performance evaluations conducted pursuant to this Code section shall be confidential and not subject to public disclosure. Each local school system and charter school shall report performance data to the Georgia Department of Education in a format approved by the State Board of Education. The department is authorized to release performance data, except to the extent it is personally identifiable to any public school employee. (2) Any current or former public school employee may execute a release authorizing the release of his or her individual performance data to a third party. (3) The department may by agreement share individual data with the Office of Student Achievement for the purposes of improving postsecondary educator preparation so long as the office agrees that it will not disclose personally identifiable information about any public school employee.

(e)(1) All records, including surveys and evaluation instruments, associated with individual performance evaluations conducted pursuant to this Code section shall be confidential and not subject to public disclosure. Each local school system and charter school shall report performance data to the Georgia Department of Education in a format approved by the State Board of Education. The department is authorized to release performance data, except to the extent it is personally identifiable to any public school employee.

(e)(1) All records, including surveys and evaluation instruments, associated with individual performance evaluations conducted pursuant to this Code section shall be confidential and not subject to public disclosure. Each local school system and charter school shall report performance data to the Georgia Department of Education in a format approved by the State Board of Education. The department is authorized to release performance data, except to the extent it is personally identifiable to any public school employee.

(2) Any current or former public school employee may execute a release authorizing the release of his or her individual performance data to a third party.

(2) Any current or former public school employee may execute a release authorizing the release of his or her individual performance data to a third party.

(3) The department may by agreement share individual data with the Office of Student Achievement for the purposes of improving postsecondary educator preparation so long as the office agrees that it will not disclose personally identifiable information about any public school employee.

(3) The department may by agreement share individual data with the Office of Student Achievement for the purposes of improving postsecondary educator preparation so long as the office agrees that it will not disclose personally identifiable information about any public school employee.

(f) The State Board of Education is authorized to promulgate rules and regulations to carry out the provisions of this Code section.

(f) The State Board of Education is authorized to promulgate rules and regulations to carry out the provisions of this Code section.
O.C.G.A. § 20-2-562 — GA Code / Title 20 / Chapter 2 / Section 20-2-562
Georgia Code Title 20. Education § 20-2-562
Status: in_force

The authority may also provide for the replacement of any bond which shall become mutilated or be destroyed or lost.
O.C.G.A. § 20-2-2088-1 — GA Code / Title 20 / Chapter 2 / Section 20-2-2088-1
Georgia Code Title 20. Education § 20-2-2088.1
Status: in_force

(a) Except as provided for in subsection (b) of this Code section, records created, received, or maintained in the performance of a charter by a state charter school shall be the property of the state charter school. Nothing in this subsection shall preclude a state charter school from contracting with a third party for services related to the creation and maintenance of records; provided, however, that at no time shall the third party withhold or otherwise prevent access to any record which is the property of the state charter school; and provided, further, that such contract expressly provides that the third party shall comply with applicable federal, state, and local laws relating to the confidentiality or privacy of the records that are the subject of such contract.

(a) Except as provided for in subsection (b) of this Code section, records created, received, or maintained in the performance of a charter by a state charter school shall be the property of the state charter school. Nothing in this subsection shall preclude a state charter school from contracting with a third party for services related to the creation and maintenance of records; provided, however, that at no time shall the third party withhold or otherwise prevent access to any record which is the property of the state charter school; and provided, further, that such contract expressly provides that the third party shall comply with applicable federal, state, and local laws relating to the confidentiality or privacy of the records that are the subject of such contract.

(b) In the event that a state charter school ceases operations for any reason, including, but not limited to, the termination, nonrenewal, or abandonment of the state charter school's charter, the nonprofit entity which held the charter contract shall retain ownership, including all incumbent responsibilities of an operational state charter school, of all records for a period of one year from the later of the date the charter contract expired, the date the charter contract was terminated, or the date the state charter school ceased operations. Incumbent responsibilities include, but are not limited to, transferring student records to public or private schools, schools operated by the Department of Juvenile Justice, and the local school system or schools from which the records are requested. After the one-year period, the nonprofit entity which held the charter contract shall transfer all records, including student records, to the commission in the format and manner specified by the commission.

(b) In the event that a state charter school ceases operations for any reason, including, but not limited to, the termination, nonrenewal, or abandonment of the state charter school's charter, the nonprofit entity which held the charter contract shall retain ownership, including all incumbent responsibilities of an operational state charter school, of all records for a period of one year from the later of the date the charter contract expired, the date the charter contract was terminated, or the date the state charter school ceased operations. Incumbent responsibilities include, but are not limited to, transferring student records to public or private schools, schools operated by the Department of Juvenile Justice, and the local school system or schools from which the records are requested. After the one-year period, the nonprofit entity which held the charter contract shall transfer all records, including student records, to the commission in the format and manner specified by the commission.

(c) Nothing in this Code section shall be construed to limit the inspection of public records as provided for in Article 4 of Chapter 18 of Title 50.

(c) Nothing in this Code section shall be construed to limit the inspection of public records as provided for in Article 4 of Chapter 18 of Title 50.
O.C.G.A. § 20-2-281-1 — GA Code / Title 20 / Chapter 2 / Section 20-2-281-1
Georgia Code Title 20. Education § 20-2-281.1
Status: in_force

(a) On and after March 30, 2015, students shall no longer be required to earn a passing score on the Georgia High School Graduation Test to earn a high school diploma.

(a) On and after March 30, 2015, students shall no longer be required to earn a passing score on the Georgia High School Graduation Test to earn a high school diploma.

(b) A person who is no longer enrolled in a Georgia public school and who previously failed to receive a high school diploma in this state or was denied graduation solely for failing to achieve a passing score on one or more portions of the Georgia High School Graduation Test or its predecessor or the Georgia High School Writing Test or its predecessor may petition the local board of education in which he or she was last enrolled to determine the student's eligibility to receive a high school diploma pursuant to this Code section based on the graduation requirements in effect when the student first entered ninth grade. Once the local board of education confers a diploma upon a student meeting such requirements, the local board shall transmit to the Georgia Department of Education in accordance with department procedures the number of diplomas awarded. The local board of education may date the high school diploma on the date the student graduated or the date the diploma was conferred. Students receiving diplomas pursuant to this Code section shall not be counted as graduates in the graduation rate calculations for affected schools and school systems, either retroactively or in current or future calculations. On or before January 31, 2020, the Georgia Department of Education shall report to the State Board of Education and the General Assembly the number of diplomas granted, by local school system, pursuant to this Code section.

(b) A person who is no longer enrolled in a Georgia public school and who previously failed to receive a high school diploma in this state or was denied graduation solely for failing to achieve a passing score on one or more portions of the Georgia High School Graduation Test or its predecessor or the Georgia High School Writing Test or its predecessor may petition the local board of education in which he or she was last enrolled to determine the student's eligibility to receive a high school diploma pursuant to this Code section based on the graduation requirements in effect when the student first entered ninth grade. Once the local board of education confers a diploma upon a student meeting such requirements, the local board shall transmit to the Georgia Department of Education in accordance with department procedures the number of diplomas awarded. The local board of education may date the high school diploma on the date the student graduated or the date the diploma was conferred. Students receiving diplomas pursuant to this Code section shall not be counted as graduates in the graduation rate calculations for affected schools and school systems, either retroactively or in current or future calculations. On or before January 31, 2020, the Georgia Department of Education shall report to the State Board of Education and the General Assembly the number of diplomas granted, by local school system, pursuant to this Code section.

(c) Each local school system shall annually advertise the provisions of this Code section, one time no later than January 15, 2016, one time no later than January 15, 2017, and one time no later than January 15, 2018. Such advertisement shall be made in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised. At a minimum, such notice shall consist of two columns measuring at least ten inches in length and measuring at least four and one-half inches in combined width, and include: (1) A headline printed in at least a 24 point boldface type; (2) An explanation of who qualifies for the petitioning option; (3) An explanation of the petition process; (4) A contact name and phone number; and (5) The deadline for submitting a petition.

(c) Each local school system shall annually advertise the provisions of this Code section, one time no later than January 15, 2016, one time no later than January 15, 2017, and one time no later than January 15, 2018. Such advertisement shall be made in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the local board of education are advertised. At a minimum, such notice shall consist of two columns measuring at least ten inches in length and measuring at least four and one-half inches in combined width, and include:

(1) A headline printed in at least a 24 point boldface type;

(1) A headline printed in at least a 24 point boldface type;

(2) An explanation of who qualifies for the petitioning option;

(2) An explanation of who qualifies for the petitioning option;

(3) An explanation of the petition process;

(3) An explanation of the petition process;

(4) A contact name and phone number; and

(4) A contact name and phone number; and

(5) The deadline for submitting a petition.

(5) The deadline for submitting a petition.
O.C.G.A. § 20-3-374 — GA Code / Title 20 / Chapter 3 / Section 20-3-374
Georgia Code Title 20. Education § 20-3-374
Status: in_force

(a) The authority shall maintain a service cancelable loan fund to which shall be credited: (1) State funds appropriated for use by the authority for service cancelable loan purposes; (2) Unrestricted moneys received by gift or otherwise and other moneys available for and determined by the authority to be available for the purposes of the fund; and (3) Outstanding educational loans held by the authority under this subpart as to which the borrower has a right to repay in cash or cancel the obligation for cash repayment through service in designated fields.

(a) The authority shall maintain a service cancelable loan fund to which shall be credited:

(1) State funds appropriated for use by the authority for service cancelable loan purposes;

(1) State funds appropriated for use by the authority for service cancelable loan purposes;

(2) Unrestricted moneys received by gift or otherwise and other moneys available for and determined by the authority to be available for the purposes of the fund; and

(2) Unrestricted moneys received by gift or otherwise and other moneys available for and determined by the authority to be available for the purposes of the fund; and

(3) Outstanding educational loans held by the authority under this subpart as to which the borrower has a right to repay in cash or cancel the obligation for cash repayment through service in designated fields.

(3) Outstanding educational loans held by the authority under this subpart as to which the borrower has a right to repay in cash or cancel the obligation for cash repayment through service in designated fields.

(b) State funds appropriated for service cancelable loans shall be used by the authority to the greatest extent possible for the purposes designated in this subpart in accordance with the following: (1) Paramedical and other medical related professional and educational fields of study. (A) The authority is authorized to make service cancelable educational loans to residents of Georgia enrolled in paramedical and other medical related professional and educational fields of study, including selected degree programs in gerontology, geriatrics, and primary care medicine. A student enrolled in a program leading to the degree of doctor of medicine shall not qualify for a loan under this paragraph unless the area of specialization is psychiatry or primary care medicine. The authority shall, from time to time, by regulation designate the subfields of study that qualify for service cancelable loans under this paragraph. In determining the qualified subfields, the authority shall give preference to those subfields in which the State of Georgia is experiencing a shortage of trained personnel. Loans made under this paragraph need not be limited to students attending a school located within the state. However, any and all loans made under this paragraph shall be conditioned upon the student agreeing that the loan shall be repaid by the student either: (i) Practicing in the designated qualified field in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student. (B) The authority is authorized to make service cancelable loans to residents of this state enrolled in a course of study leading to a degree in an educational field that will permit the student to be employed as either a licensed practical nurse or a registered nurse. Service cancelable loans can also be made available under this paragraph for students seeking an advanced degree in the field of nursing. The maximum loan amount that a full-time student may borrow under this paragraph shall not exceed $10,000.00 per academic year. Any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either: (i) Practicing as a licensed practical or registered nurse in a geographical area in the State of Georgia that has been approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student; (2) Georgia National Guard members. (A) The authority is authorized to make service cancelable educational loans to eligible members of the Georgia National Guard enrolled in a degree program at an eligible postsecondary institution, eligible private postsecondary institution, or eligible public postsecondary institution, as those terms are defined in Code Section 20-3-519 . Members of the Georgia National Guard who are in good standing according to applicable regulations of the National Guard shall be eligible to apply for a loan. (B) Prior to making application for the service cancelable educational loan, an applicant shall complete a Free Application for Federal Student Aid and make application for all other available grants, scholarships, tuition assistance, and United States Department of Veterans Affairs educational benefits that have not been transferred to dependents. (C) Such loans shall be on the terms and conditions set by the authority in consultation with the Department of Defense, provided that any such loan, when combined with any other available grants, scholarships, tuition assistance, and United States Department of Veterans Affairs educational benefits, shall not exceed an amount equal to the actual tuition charged to the recipient for the period of enrollment in an educational institution or the highest undergraduate in-state tuition charged by a postsecondary institution governed by the board of regents for the period of enrollment at the postsecondary institution, whichever is less. A loan recipient shall be eligible to receive loan assistance provided for in this paragraph for not more than 120 semester hours of study. Educational loans may be made to full-time and part-time students. (D) Upon the recipient's attainment of a graduate degree from an institution or cessation of status as an active member of the Georgia National Guard, whichever occurs first, eligibility to apply for the loan provided by this paragraph shall be discontinued. (E) The loan provided by this paragraph shall be suspended by the authority for a recipient's failure to maintain good military standing as an active member for the period required in subparagraph (F) of this paragraph or failure to maintain sufficient academic standing and good academic progress and program pursuit. If the recipient fails to maintain good standing as an active member of the Georgia National Guard for the required period or fails to maintain sufficient academic standing and good academic progress and program pursuit, loans made under this paragraph shall be repayable in cash, with interest thereon. (F) Upon satisfactory completion of a quarter, semester, year, or other period of study as determined by the authority; graduation; termination of enrollment in school; or termination of this assistance with approval of the authority, the loan shall be canceled in consideration of the student's retaining membership in good standing in the Georgia National Guard for a period of two years following the last period of study for which the loan is applicable. This two-year service requirement may be waived by the adjutant general of Georgia for good cause according to applicable regulations of the Georgia National Guard. (G) The adjutant general of Georgia shall certify eligibility and termination of eligibility of students for educational loans and eligibility for cancellation of educational loans by members of the Georgia National Guard in accordance with regulations of the authority; (3) Mental health or substance use professionals. (A) The authority is authorized to make service cancelable educational loans to residents of the State of Georgia enrolled in educational programs, training programs, or courses of study for mental health or substance use professionals. Loans made under this paragraph need not be limited to students attending programs or schools located within the State of Georgia; provided, however, that priority shall be given to: (i) Programs and schools with an emphasis and history of providing care to underserved youth; and (ii) Students with ties to and agreeing to serve underserved geographic areas or communities which are disproportionately impacted by social determinants of health. (B) Any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either: (i) Practicing as a mental health or substance use professional in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student. (C) As used in this paragraph, the term “ mental health or substance use professional ” means a psychiatrist, psychologist, professional counselor, social worker, marriage and family therapist, clinical nurse specialist in psychiatric/mental health, or other licensed mental or behavioral health clinician or specialist; and (4) Critical shortage fields. The authority is authorized to make service cancelable educational loans to residents of the State of Georgia enrolled in any field of study that the authority, from time to time, designates by regulation as a field in which a critical shortage of trained personnel exists in the State of Georgia. Loans made under this paragraph need not be limited to students attending schools located within the State of Georgia. However, any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either: (A) Practicing in the designated field in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (B) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student. The authority is authorized to place other conditions and limitations on loans made under this paragraph as it may deem necessary to fill the void that has created the critical shortage in the field.

(b) State funds appropriated for service cancelable loans shall be used by the authority to the greatest extent possible for the purposes designated in this subpart in accordance with the following:

(1) Paramedical and other medical related professional and educational fields of study. (A) The authority is authorized to make service cancelable educational loans to residents of Georgia enrolled in paramedical and other medical related professional and educational fields of study, including selected degree programs in gerontology, geriatrics, and primary care medicine. A student enrolled in a program leading to the degree of doctor of medicine shall not qualify for a loan under this paragraph unless the area of specialization is psychiatry or primary care medicine. The authority shall, from time to time, by regulation designate the subfields of study that qualify for service cancelable loans under this paragraph. In determining the qualified subfields, the authority shall give preference to those subfields in which the State of Georgia is experiencing a shortage of trained personnel. Loans made under this paragraph need not be limited to students attending a school located within the state. However, any and all loans made under this paragraph shall be conditioned upon the student agreeing that the loan shall be repaid by the student either: (i) Practicing in the designated qualified field in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student. (B) The authority is authorized to make service cancelable loans to residents of this state enrolled in a course of study leading to a degree in an educational field that will permit the student to be employed as either a licensed practical nurse or a registered nurse. Service cancelable loans can also be made available under this paragraph for students seeking an advanced degree in the field of nursing. The maximum loan amount that a full-time student may borrow under this paragraph shall not exceed $10,000.00 per academic year. Any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either: (i) Practicing as a licensed practical or registered nurse in a geographical area in the State of Georgia that has been approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student;

(1) Paramedical and other medical related professional and educational fields of study.

(A) The authority is authorized to make service cancelable educational loans to residents of Georgia enrolled in paramedical and other medical related professional and educational fields of study, including selected degree programs in gerontology, geriatrics, and primary care medicine. A student enrolled in a program leading to the degree of doctor of medicine shall not qualify for a loan under this paragraph unless the area of specialization is psychiatry or primary care medicine. The authority shall, from time to time, by regulation designate the subfields of study that qualify for service cancelable loans under this paragraph. In determining the qualified subfields, the authority shall give preference to those subfields in which the State of Georgia is experiencing a shortage of trained personnel. Loans made under this paragraph need not be limited to students attending a school located within the state. However, any and all loans made under this paragraph shall be conditioned upon the student agreeing that the loan shall be repaid by the student either: (i) Practicing in the designated qualified field in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student.

(A) The authority is authorized to make service cancelable educational loans to residents of Georgia enrolled in paramedical and other medical related professional and educational fields of study, including selected degree programs in gerontology, geriatrics, and primary care medicine. A student enrolled in a program leading to the degree of doctor of medicine shall not qualify for a loan under this paragraph unless the area of specialization is psychiatry or primary care medicine. The authority shall, from time to time, by regulation designate the subfields of study that qualify for service cancelable loans under this paragraph. In determining the qualified subfields, the authority shall give preference to those subfields in which the State of Georgia is experiencing a shortage of trained personnel. Loans made under this paragraph need not be limited to students attending a school located within the state. However, any and all loans made under this paragraph shall be conditioned upon the student agreeing that the loan shall be repaid by the student either:

(i) Practicing in the designated qualified field in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or

(i) Practicing in the designated qualified field in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or

(ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student.

(ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student.

(B) The authority is authorized to make service cancelable loans to residents of this state enrolled in a course of study leading to a degree in an educational field that will permit the student to be employed as either a licensed practical nurse or a registered nurse. Service cancelable loans can also be made available under this paragraph for students seeking an advanced degree in the field of nursing. The maximum loan amount that a full-time student may borrow under this paragraph shall not exceed $10,000.00 per academic year. Any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either: (i) Practicing as a licensed practical or registered nurse in a geographical area in the State of Georgia that has been approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student;

(B) The authority is authorized to make service cancelable loans to residents of this state enrolled in a course of study leading to a degree in an educational field that will permit the student to be employed as either a licensed practical nurse or a registered nurse. Service cancelable loans can also be made available under this paragraph for students seeking an advanced degree in the field of nursing. The maximum loan amount that a full-time student may borrow under this paragraph shall not exceed $10,000.00 per academic year. Any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either:

(i) Practicing as a licensed practical or registered nurse in a geographical area in the State of Georgia that has been approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or

(i) Practicing as a licensed practical or registered nurse in a geographical area in the State of Georgia that has been approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or

(ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student;

(ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student;

(2) Georgia National Guard members. (A) The authority is authorized to make service cancelable educational loans to eligible members of the Georgia National Guard enrolled in a degree program at an eligible postsecondary institution, eligible private postsecondary institution, or eligible public postsecondary institution, as those terms are defined in Code Section 20-3-519 . Members of the Georgia National Guard who are in good standing according to applicable regulations of the National Guard shall be eligible to apply for a loan. (B) Prior to making application for the service cancelable educational loan, an applicant shall complete a Free Application for Federal Student Aid and make application for all other available grants, scholarships, tuition assistance, and United States Department of Veterans Affairs educational benefits that have not been transferred to dependents. (C) Such loans shall be on the terms and conditions set by the authority in consultation with the Department of Defense, provided that any such loan, when combined with any other available grants, scholarships, tuition assistance, and United States Department of Veterans Affairs educational benefits, shall not exceed an amount equal to the actual tuition charged to the recipient for the period of enrollment in an educational institution or the highest undergraduate in-state tuition charged by a postsecondary institution governed by the board of regents for the period of enrollment at the postsecondary institution, whichever is less. A loan recipient shall be eligible to receive loan assistance provided for in this paragraph for not more than 120 semester hours of study. Educational loans may be made to full-time and part-time students. (D) Upon the recipient's attainment of a graduate degree from an institution or cessation of status as an active member of the Georgia National Guard, whichever occurs first, eligibility to apply for the loan provided by this paragraph shall be discontinued. (E) The loan provided by this paragraph shall be suspended by the authority for a recipient's failure to maintain good military standing as an active member for the period required in subparagraph (F) of this paragraph or failure to maintain sufficient academic standing and good academic progress and program pursuit. If the recipient fails to maintain good standing as an active member of the Georgia National Guard for the required period or fails to maintain sufficient academic standing and good academic progress and program pursuit, loans made under this paragraph shall be repayable in cash, with interest thereon. (F) Upon satisfactory completion of a quarter, semester, year, or other period of study as determined by the authority; graduation; termination of enrollment in school; or termination of this assistance with approval of the authority, the loan shall be canceled in consideration of the student's retaining membership in good standing in the Georgia National Guard for a period of two years following the last period of study for which the loan is applicable. This two-year service requirement may be waived by the adjutant general of Georgia for good cause according to applicable regulations of the Georgia National Guard. (G) The adjutant general of Georgia shall certify eligibility and termination of eligibility of students for educational loans and eligibility for cancellation of educational loans by members of the Georgia National Guard in accordance with regulations of the authority;

(2) Georgia National Guard members.

(A) The authority is authorized to make service cancelable educational loans to eligible members of the Georgia National Guard enrolled in a degree program at an eligible postsecondary institution, eligible private postsecondary institution, or eligible public postsecondary institution, as those terms are defined in Code Section 20-3-519 . Members of the Georgia National Guard who are in good standing according to applicable regulations of the National Guard shall be eligible to apply for a loan.

(A) The authority is authorized to make service cancelable educational loans to eligible members of the Georgia National Guard enrolled in a degree program at an eligible postsecondary institution, eligible private postsecondary institution, or eligible public postsecondary institution, as those terms are defined in Code Section 20-3-519 . Members of the Georgia National Guard who are in good standing according to applicable regulations of the National Guard shall be eligible to apply for a loan.

(B) Prior to making application for the service cancelable educational loan, an applicant shall complete a Free Application for Federal Student Aid and make application for all other available grants, scholarships, tuition assistance, and United States Department of Veterans Affairs educational benefits that have not been transferred to dependents.

(B) Prior to making application for the service cancelable educational loan, an applicant shall complete a Free Application for Federal Student Aid and make application for all other available grants, scholarships, tuition assistance, and United States Department of Veterans Affairs educational benefits that have not been transferred to dependents.

(C) Such loans shall be on the terms and conditions set by the authority in consultation with the Department of Defense, provided that any such loan, when combined with any other available grants, scholarships, tuition assistance, and United States Department of Veterans Affairs educational benefits, shall not exceed an amount equal to the actual tuition charged to the recipient for the period of enrollment in an educational institution or the highest undergraduate in-state tuition charged by a postsecondary institution governed by the board of regents for the period of enrollment at the postsecondary institution, whichever is less. A loan recipient shall be eligible to receive loan assistance provided for in this paragraph for not more than 120 semester hours of study. Educational loans may be made to full-time and part-time students.

(C) Such loans shall be on the terms and conditions set by the authority in consultation with the Department of Defense, provided that any such loan, when combined with any other available grants, scholarships, tuition assistance, and United States Department of Veterans Affairs educational benefits, shall not exceed an amount equal to the actual tuition charged to the recipient for the period of enrollment in an educational institution or the highest undergraduate in-state tuition charged by a postsecondary institution governed by the board of regents for the period of enrollment at the postsecondary institution, whichever is less. A loan recipient shall be eligible to receive loan assistance provided for in this paragraph for not more than 120 semester hours of study. Educational loans may be made to full-time and part-time students.

(D) Upon the recipient's attainment of a graduate degree from an institution or cessation of status as an active member of the Georgia National Guard, whichever occurs first, eligibility to apply for the loan provided by this paragraph shall be discontinued.

(D) Upon the recipient's attainment of a graduate degree from an institution or cessation of status as an active member of the Georgia National Guard, whichever occurs first, eligibility to apply for the loan provided by this paragraph shall be discontinued.

(E) The loan provided by this paragraph shall be suspended by the authority for a recipient's failure to maintain good military standing as an active member for the period required in subparagraph (F) of this paragraph or failure to maintain sufficient academic standing and good academic progress and program pursuit. If the recipient fails to maintain good standing as an active member of the Georgia National Guard for the required period or fails to maintain sufficient academic standing and good academic progress and program pursuit, loans made under this paragraph shall be repayable in cash, with interest thereon.

(E) The loan provided by this paragraph shall be suspended by the authority for a recipient's failure to maintain good military standing as an active member for the period required in subparagraph (F) of this paragraph or failure to maintain sufficient academic standing and good academic progress and program pursuit. If the recipient fails to maintain good standing as an active member of the Georgia National Guard for the required period or fails to maintain sufficient academic standing and good academic progress and program pursuit, loans made under this paragraph shall be repayable in cash, with interest thereon.

(F) Upon satisfactory completion of a quarter, semester, year, or other period of study as determined by the authority; graduation; termination of enrollment in school; or termination of this assistance with approval of the authority, the loan shall be canceled in consideration of the student's retaining membership in good standing in the Georgia National Guard for a period of two years following the last period of study for which the loan is applicable. This two-year service requirement may be waived by the adjutant general of Georgia for good cause according to applicable regulations of the Georgia National Guard.

(F) Upon satisfactory completion of a quarter, semester, year, or other period of study as determined by the authority; graduation; termination of enrollment in school; or termination of this assistance with approval of the authority, the loan shall be canceled in consideration of the student's retaining membership in good standing in the Georgia National Guard for a period of two years following the last period of study for which the loan is applicable. This two-year service requirement may be waived by the adjutant general of Georgia for good cause according to applicable regulations of the Georgia National Guard.

(G) The adjutant general of Georgia shall certify eligibility and termination of eligibility of students for educational loans and eligibility for cancellation of educational loans by members of the Georgia National Guard in accordance with regulations of the authority;

(G) The adjutant general of Georgia shall certify eligibility and termination of eligibility of students for educational loans and eligibility for cancellation of educational loans by members of the Georgia National Guard in accordance with regulations of the authority;

(3) Mental health or substance use professionals. (A) The authority is authorized to make service cancelable educational loans to residents of the State of Georgia enrolled in educational programs, training programs, or courses of study for mental health or substance use professionals. Loans made under this paragraph need not be limited to students attending programs or schools located within the State of Georgia; provided, however, that priority shall be given to: (i) Programs and schools with an emphasis and history of providing care to underserved youth; and (ii) Students with ties to and agreeing to serve underserved geographic areas or communities which are disproportionately impacted by social determinants of health. (B) Any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either: (i) Practicing as a mental health or substance use professional in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student. (C) As used in this paragraph, the term “ mental health or substance use professional ” means a psychiatrist, psychologist, professional counselor, social worker, marriage and family therapist, clinical nurse specialist in psychiatric/mental health, or other licensed mental or behavioral health clinician or specialist; and

(3) Mental health or substance use professionals.

(A) The authority is authorized to make service cancelable educational loans to residents of the State of Georgia enrolled in educational programs, training programs, or courses of study for mental health or substance use professionals. Loans made under this paragraph need not be limited to students attending programs or schools located within the State of Georgia; provided, however, that priority shall be given to: (i) Programs and schools with an emphasis and history of providing care to underserved youth; and (ii) Students with ties to and agreeing to serve underserved geographic areas or communities which are disproportionately impacted by social determinants of health.

(A) The authority is authorized to make service cancelable educational loans to residents of the State of Georgia enrolled in educational programs, training programs, or courses of study for mental health or substance use professionals. Loans made under this paragraph need not be limited to students attending programs or schools located within the State of Georgia; provided, however, that priority shall be given to:

(i) Programs and schools with an emphasis and history of providing care to underserved youth; and

(i) Programs and schools with an emphasis and history of providing care to underserved youth; and

(ii) Students with ties to and agreeing to serve underserved geographic areas or communities which are disproportionately impacted by social determinants of health.

(ii) Students with ties to and agreeing to serve underserved geographic areas or communities which are disproportionately impacted by social determinants of health.

(B) Any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either: (i) Practicing as a mental health or substance use professional in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student.

(B) Any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either:

(i) Practicing as a mental health or substance use professional in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or

(i) Practicing as a mental health or substance use professional in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or

(ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student.

(ii) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student.

(C) As used in this paragraph, the term “ mental health or substance use professional ” means a psychiatrist, psychologist, professional counselor, social worker, marriage and family therapist, clinical nurse specialist in psychiatric/mental health, or other licensed mental or behavioral health clinician or specialist; and

(C) As used in this paragraph, the term “ mental health or substance use professional ” means a psychiatrist, psychologist, professional counselor, social worker, marriage and family therapist, clinical nurse specialist in psychiatric/mental health, or other licensed mental or behavioral health clinician or specialist; and

(4) Critical shortage fields. The authority is authorized to make service cancelable educational loans to residents of the State of Georgia enrolled in any field of study that the authority, from time to time, designates by regulation as a field in which a critical shortage of trained personnel exists in the State of Georgia. Loans made under this paragraph need not be limited to students attending schools located within the State of Georgia. However, any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either: (A) Practicing in the designated field in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or (B) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student.

(4) Critical shortage fields. The authority is authorized to make service cancelable educational loans to residents of the State of Georgia enrolled in any field of study that the authority, from time to time, designates by regulation as a field in which a critical shortage of trained personnel exists in the State of Georgia. Loans made under this paragraph need not be limited to students attending schools located within the State of Georgia. However, any and all loans made under this paragraph shall be conditional upon the student agreeing that the loan shall be repaid by the student either:

(A) Practicing in the designated field in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or

(A) Practicing in the designated field in a geographical area in the State of Georgia approved by the authority. For service repayment, the loan shall be repaid at a rate of one year of service for each academic year of study or its equivalent for which a loan is made to the student under this paragraph; or

(B) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student.

(B) In cash repayment with assessed interest thereon in accordance with the terms and conditions of a promissory note that shall be executed by the student.

The authority is authorized to place other conditions and limitations on loans made under this paragraph as it may deem necessary to fill the void that has created the critical shortage in the field.

(c) All students receiving loans under this Code section shall execute, prior to the disbursement of any loan proceeds to or for the benefit of that student, a promissory note containing the terms and conditions of the service repayment and cash repayments. Except as prohibited by federal or other state laws, individuals that fail to fulfill the terms and conditions of cash repayment may, without judicial action, be subject to garnishment of their pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund in accordance with rules and regulations promulgated by the authority not inconsistent with the provisions of this part.

(c) All students receiving loans under this Code section shall execute, prior to the disbursement of any loan proceeds to or for the benefit of that student, a promissory note containing the terms and conditions of the service repayment and cash repayments. Except as prohibited by federal or other state laws, individuals that fail to fulfill the terms and conditions of cash repayment may, without judicial action, be subject to garnishment of their pay, loss of a professional license, offset of lottery winnings, and offset of a state tax refund in accordance with rules and regulations promulgated by the authority not inconsistent with the provisions of this part.

(d) The total sum of service cancelable loans made by the authority in any fiscal year from state appropriations shall not exceed the amount of funds for such loan purposes specified in annual appropriations Acts. Funds in the service cancelable loan fund account that are not expended by the authority for service cancelable loans during any fiscal year shall become a part of the general loan fund account.

(d) The total sum of service cancelable loans made by the authority in any fiscal year from state appropriations shall not exceed the amount of funds for such loan purposes specified in annual appropriations Acts. Funds in the service cancelable loan fund account that are not expended by the authority for service cancelable loans during any fiscal year shall become a part of the general loan fund account.

(e) If the corporation, pursuant to Code Section 20-3-273 , pays or has paid interest to the authority on a service cancelable loan made under this Code section, and if the borrower repays all or a portion of the loan through services rendered as provided for in this Code section, then the authority shall, in accordance with its regulations and in consideration of the services rendered by the borrower, repay to the corporation on behalf of the borrower all or a portion of the interest paid to the authority by the corporation under Code Section 20-3-273 . To the extent that this subsection does not apply to all service cancelable loans made to a borrower pursuant to this Code section, the authority is authorized, for purposes of this subsection, to consider the loans made that are the subject of this subsection as being the earlier loans made to the borrower.

(e) If the corporation, pursuant to Code Section 20-3-273 , pays or has paid interest to the authority on a service cancelable loan made under this Code section, and if the borrower repays all or a portion of the loan through services rendered as provided for in this Code section, then the authority shall, in accordance with its regulations and in consideration of the services rendered by the borrower, repay to the corporation on behalf of the borrower all or a portion of the interest paid to the authority by the corporation under Code Section 20-3-273 . To the extent that this subsection does not apply to all service cancelable loans made to a borrower pursuant to this Code section, the authority is authorized, for purposes of this subsection, to consider the loans made that are the subject of this subsection as being the earlier loans made to the borrower.
O.C.G.A. § 20-3-286 — GA Code / Title 20 / Chapter 3 / Section 20-3-286
Georgia Code Title 20. Education § 20-3-286
Status: in_force

If any director, officer, or employee of the corporation shall be interested, either directly or indirectly, or shall be a director, officer, or employee of or have an ownership interest in, other than a noncontrolling stockholder interest, or the substantial equivalent thereof, in a lender or school, any firm or corporation interested, directly or indirectly, in any contract with the corporation, except any agency, instrumentality, or political subdivision of the state, such interest shall be disclosed to and shall be set forth in the minutes of the corporation; and the director, officer, or employee having such interest therein shall not participate on behalf of the corporation or such party in the negotiation or the authorization of the contract. No provision of this part, other than Code Section 20-3-289 , shall be construed, however, to prevent any otherwise eligible director, officer, or employee of the corporation or member of his family from being eligible to apply for and receive educational loan assistance under this part.
O.C.G.A. § 20-2-754 — GA Code / Title 20 / Chapter 2 / Section 20-2-754
Georgia Code Title 20. Education § 20-2-754
Status: in_force

(a) The provisions of Code Section 20-2-1160 shall apply to disciplinary proceedings under this subpart.

(a) The provisions of Code Section 20-2-1160 shall apply to disciplinary proceedings under this subpart.

(b) A disciplinary officer, panel, or tribunal of school officials appointed as required by Code Section 20-2-753 shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 20-2-752 , ensure that: (1) All parties are afforded an opportunity for a hearing after reasonable notice served personally or by mail. This notice shall be given to all parties and to the parent or guardian of the student or students involved and shall include a statement of the time, place, and nature of the hearing; a short and plain statement of the matters asserted; and a statement as to the right of all parties to present evidence and to be represented by legal counsel; (2) The hearing is held no later than ten school days after the beginning of the suspension unless the school system and parents or guardians mutually agree to an extension; (3) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues unresolved; (4) Any teacher who is called as a witness by the school system shall be given notice no later than three days prior to the hearing; and (5) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties.

(b) A disciplinary officer, panel, or tribunal of school officials appointed as required by Code Section 20-2-753 shall, in addition to any other requirements imposed by rules and regulations which may have been promulgated pursuant to Code Section 20-2-752 , ensure that:

(1) All parties are afforded an opportunity for a hearing after reasonable notice served personally or by mail. This notice shall be given to all parties and to the parent or guardian of the student or students involved and shall include a statement of the time, place, and nature of the hearing; a short and plain statement of the matters asserted; and a statement as to the right of all parties to present evidence and to be represented by legal counsel;

(1) All parties are afforded an opportunity for a hearing after reasonable notice served personally or by mail. This notice shall be given to all parties and to the parent or guardian of the student or students involved and shall include a statement of the time, place, and nature of the hearing; a short and plain statement of the matters asserted; and a statement as to the right of all parties to present evidence and to be represented by legal counsel;

(2) The hearing is held no later than ten school days after the beginning of the suspension unless the school system and parents or guardians mutually agree to an extension;

(2) The hearing is held no later than ten school days after the beginning of the suspension unless the school system and parents or guardians mutually agree to an extension;

(3) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues unresolved;

(3) All parties are afforded an opportunity to present and respond to evidence and to examine and cross-examine witnesses on all issues unresolved;

(4) Any teacher who is called as a witness by the school system shall be given notice no later than three days prior to the hearing; and

(4) Any teacher who is called as a witness by the school system shall be given notice no later than three days prior to the hearing; and

(5) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties.

(5) A verbatim electronic or written record of the hearing shall be made and shall be available to all parties.

(c) If appointed to review an instance pursuant to Code Section 20-2-753 , the disciplinary officer, panel, or tribunal shall conduct the hearing and, after receiving all evidence, render its decision, which decision shall be based solely on the evidence received at the hearing. The decision shall be in writing and shall be given to all parties within ten days of the close of the record. Any decision by such disciplinary officer, panel, or tribunal may be appealed to the local board of education by filing a written notice of appeal within 20 days from the date the decision is rendered. Any disciplinary action imposed by such officer, panel, or tribunal may be suspended by the school superintendent pending the outcome of the appeal.

(c) If appointed to review an instance pursuant to Code Section 20-2-753 , the disciplinary officer, panel, or tribunal shall conduct the hearing and, after receiving all evidence, render its decision, which decision shall be based solely on the evidence received at the hearing. The decision shall be in writing and shall be given to all parties within ten days of the close of the record. Any decision by such disciplinary officer, panel, or tribunal may be appealed to the local board of education by filing a written notice of appeal within 20 days from the date the decision is rendered. Any disciplinary action imposed by such officer, panel, or tribunal may be suspended by the school superintendent pending the outcome of the appeal.

(d) The local board of education shall review the record and shall render a decision in writing. The decision shall be based solely on the record and shall be given to all parties within ten days, excluding weekends and public and legal holidays provided for in Code Section 1-4-1 , from the date the local board of education receives the notice of appeal. The board may take any action it determines appropriate, and any decision of the board shall be final. All parties shall have the right to be represented by legal counsel at any such appeal and during all subsequent proceedings.

(d) The local board of education shall review the record and shall render a decision in writing. The decision shall be based solely on the record and shall be given to all parties within ten days, excluding weekends and public and legal holidays provided for in Code Section 1-4-1 , from the date the local board of education receives the notice of appeal. The board may take any action it determines appropriate, and any decision of the board shall be final. All parties shall have the right to be represented by legal counsel at any such appeal and during all subsequent proceedings.

(e) Either or both parents or guardians or legal counsel of the student involved may obtain a copy of any documents relating to a disciplinary proceeding conducted pursuant to this Code section.

(e) Either or both parents or guardians or legal counsel of the student involved may obtain a copy of any documents relating to a disciplinary proceeding conducted pursuant to this Code section.
O.C.G.A. § 20-3-322 — GA Code / Title 20 / Chapter 3 / Section 20-3-322
Georgia Code Title 20. Education § 20-3-322
Status: in_force

Notwithstanding any general or special law or any certificate of incorporation, charter, or other articles of organization, all domestic or domesticated corporations, associations, and other taxable entities carrying on business in this state and any person are authorized to make contributions of money, property, or other thing of value to the authority for any of its corporate purposes. The value of such contribution shall be allowed as a deduction in computing the taxable income of the donor for the purpose of any income tax imposed by the state or by any political subdivision of the state.
O.C.G.A. § 20-5-43 — GA Code / Title 20 / Chapter 5 / Section 20-5-43
Georgia Code Title 20. Education § 20-5-43
Status: in_force

The board of trustees shall have duties and responsibilities which include but are not limited to the following:

(1) To employ a library director who meets state certification requirements and such other employees as necessary upon the recommendation of the library system director; provided, however, that the board shall be authorized to delegate employment of staff members to the library system director;

(1) To employ a library director who meets state certification requirements and such other employees as necessary upon the recommendation of the library system director; provided, however, that the board shall be authorized to delegate employment of staff members to the library system director;

(2) To approve budgets prepared by the library system director and assume responsibility for the presentation of the library's fiscal needs to the supporting agencies;

(2) To approve budgets prepared by the library system director and assume responsibility for the presentation of the library's fiscal needs to the supporting agencies;

(3) To attend board meetings;

(3) To attend board meetings;

(4) To establish policies governing library programs, including rules and regulations governing the use of the library;

(4) To establish policies governing library programs, including rules and regulations governing the use of the library;

(5) To set policy for the administration of gifts of money and property;

(5) To set policy for the administration of gifts of money and property;

(6) To present financial and progress reports to governing officials and to the public;

(6) To present financial and progress reports to governing officials and to the public;

(7) To notify the appropriate authorities of a vacancy on the board so that a person may be appointed to complete unexpired or full terms; and

(7) To notify the appropriate authorities of a vacancy on the board so that a person may be appointed to complete unexpired or full terms; and

(8) To notify the library system director, in advance, of all meetings of library boards and board committees.

(8) To notify the library system director, in advance, of all meetings of library boards and board committees.
O.C.G.A. § 20-3-56 — GA Code / Title 20 / Chapter 3 / Section 20-3-56
Georgia Code Title 20. Education § 20-3-56
Status: in_force

Any trust fund or property, real, personal, or mixed, that may have been created prior to January 1, 1932, by will or otherwise as a fund or gift or donation or devise to any board of trustees of any of the institutions in the university system, or to any executor or trustee to and for the use, benefit, or behoof of any such institution shall not lapse by virtue of any of the provisions of this article, but such trust shall remain valid and of full force and effect; and the beneficial interest under any such deed of gift or will or other conveyance shall vest in the board of regents as trustee to and for the use, benefit, and behoof of the institution intended to be benefited by such gift, devise, or other conveyance in its favor. In any case where provisions of any deed of gift, or will, or other conveyance referred to in this Code section require a trustee and no trustee shall in any contingency exist, the board shall be and become a substituted trustee to carry out the beneficial purposes of such gift, devise, or conveyance.
O.C.G.A. § 20-2-2096-2 — GA Code / Title 20 / Chapter 2 / Section 20-2-2096-2
Georgia Code Title 20. Education § 20-2-2096.2
Status: in_force

(a)(1) The state board shall adopt policies, procedures, regulations, and other such requirements for the establishment, funding, and operation of completion special schools under this article. (2)(A)(i) No later than July 1, 2023, each school operating as a state chartered special school and having previously operated as a system-collaborative state charter school that elected to be established as a completion special school, as provided in division (l)(1)(B)(iii) of Code Section 20-2-154.1 , shall be so established for the 2023-2024 school year and continuing thereafter, subject to the provisions of this article and other applicable law. (ii) The state board shall assign each school provided for in division (i) of this subparagraph to a single attendance zone provided for in subsection (a) of Code Section 20-2-2096.7 on the basis of each such school's current operations. (iii) The state board shall be authorized to allow each school provided for in division (i) of this subparagraph to continue for part or all of the 2023-2024 school year the employment of school administrators and other school personnel who were employed by such school prior to being established as completion special schools. (iv) Each student enrolled as of June 30, 2023, in a school operating as a state chartered special school and having previously operated as a system-collaborative state charter school shall be eligible to be enrolled in a completion special school notwithstanding the provisions of subsection (b) of Code Section 20-2-2096.3 . (B) For each state chartered special school, having previously operated as a system-collaborative state charter school, that does not timely make an election as provided in division (l)(1)(B)(iii) of Code Section 20-2-154.1 , such school's current charter with the state board shall not be renewed or otherwise extended beyond its current expiration date; nor shall such school receive any state funds under Article 6 of this chapter beyond the expiration date of its current charter with the state board. (3) Subject to appropriations, the state board shall be authorized to provide up to $5 million in grant funding for the purpose of assisting and encouraging the development of new completion special schools; provided, however, that no current or former state chartered special school, having previously operated as a system-collaborative state charter school, shall be eligible for such funds.

(a)(1) The state board shall adopt policies, procedures, regulations, and other such requirements for the establishment, funding, and operation of completion special schools under this article.

(a)(1) The state board shall adopt policies, procedures, regulations, and other such requirements for the establishment, funding, and operation of completion special schools under this article.

(2)(A)(i) No later than July 1, 2023, each school operating as a state chartered special school and having previously operated as a system-collaborative state charter school that elected to be established as a completion special school, as provided in division (l)(1)(B)(iii) of Code Section 20-2-154.1 , shall be so established for the 2023-2024 school year and continuing thereafter, subject to the provisions of this article and other applicable law. (ii) The state board shall assign each school provided for in division (i) of this subparagraph to a single attendance zone provided for in subsection (a) of Code Section 20-2-2096.7 on the basis of each such school's current operations. (iii) The state board shall be authorized to allow each school provided for in division (i) of this subparagraph to continue for part or all of the 2023-2024 school year the employment of school administrators and other school personnel who were employed by such school prior to being established as completion special schools. (iv) Each student enrolled as of June 30, 2023, in a school operating as a state chartered special school and having previously operated as a system-collaborative state charter school shall be eligible to be enrolled in a completion special school notwithstanding the provisions of subsection (b) of Code Section 20-2-2096.3 . (B) For each state chartered special school, having previously operated as a system-collaborative state charter school, that does not timely make an election as provided in division (l)(1)(B)(iii) of Code Section 20-2-154.1 , such school's current charter with the state board shall not be renewed or otherwise extended beyond its current expiration date; nor shall such school receive any state funds under Article 6 of this chapter beyond the expiration date of its current charter with the state board.

(2)(A)(i) No later than July 1, 2023, each school operating as a state chartered special school and having previously operated as a system-collaborative state charter school that elected to be established as a completion special school, as provided in division (l)(1)(B)(iii) of Code Section 20-2-154.1 , shall be so established for the 2023-2024 school year and continuing thereafter, subject to the provisions of this article and other applicable law. (ii) The state board shall assign each school provided for in division (i) of this subparagraph to a single attendance zone provided for in subsection (a) of Code Section 20-2-2096.7 on the basis of each such school's current operations. (iii) The state board shall be authorized to allow each school provided for in division (i) of this subparagraph to continue for part or all of the 2023-2024 school year the employment of school administrators and other school personnel who were employed by such school prior to being established as completion special schools. (iv) Each student enrolled as of June 30, 2023, in a school operating as a state chartered special school and having previously operated as a system-collaborative state charter school shall be eligible to be enrolled in a completion special school notwithstanding the provisions of subsection (b) of Code Section 20-2-2096.3 .

(2)(A)(i) No later than July 1, 2023, each school operating as a state chartered special school and having previously operated as a system-collaborative state charter school that elected to be established as a completion special school, as provided in division (l)(1)(B)(iii) of Code Section 20-2-154.1 , shall be so established for the 2023-2024 school year and continuing thereafter, subject to the provisions of this article and other applicable law.

(2)(A)(i) No later than July 1, 2023, each school operating as a state chartered special school and having previously operated as a system-collaborative state charter school that elected to be established as a completion special school, as provided in division (l)(1)(B)(iii) of Code Section 20-2-154.1 , shall be so established for the 2023-2024 school year and continuing thereafter, subject to the provisions of this article and other applicable law.

(ii) The state board shall assign each school provided for in division (i) of this subparagraph to a single attendance zone provided for in subsection (a) of Code Section 20-2-2096.7 on the basis of each such school's current operations.

(ii) The state board shall assign each school provided for in division (i) of this subparagraph to a single attendance zone provided for in subsection (a) of Code Section 20-2-2096.7 on the basis of each such school's current operations.

(iii) The state board shall be authorized to allow each school provided for in division (i) of this subparagraph to continue for part or all of the 2023-2024 school year the employment of school administrators and other school personnel who were employed by such school prior to being established as completion special schools.

(iii) The state board shall be authorized to allow each school provided for in division (i) of this subparagraph to continue for part or all of the 2023-2024 school year the employment of school administrators and other school personnel who were employed by such school prior to being established as completion special schools.

(iv) Each student enrolled as of June 30, 2023, in a school operating as a state chartered special school and having previously operated as a system-collaborative state charter school shall be eligible to be enrolled in a completion special school notwithstanding the provisions of subsection (b) of Code Section 20-2-2096.3 .

(iv) Each student enrolled as of June 30, 2023, in a school operating as a state chartered special school and having previously operated as a system-collaborative state charter school shall be eligible to be enrolled in a completion special school notwithstanding the provisions of subsection (b) of Code Section 20-2-2096.3 .

(B) For each state chartered special school, having previously operated as a system-collaborative state charter school, that does not timely make an election as provided in division (l)(1)(B)(iii) of Code Section 20-2-154.1 , such school's current charter with the state board shall not be renewed or otherwise extended beyond its current expiration date; nor shall such school receive any state funds under Article 6 of this chapter beyond the expiration date of its current charter with the state board.

(B) For each state chartered special school, having previously operated as a system-collaborative state charter school, that does not timely make an election as provided in division (l)(1)(B)(iii) of Code Section 20-2-154.1 , such school's current charter with the state board shall not be renewed or otherwise extended beyond its current expiration date; nor shall such school receive any state funds under Article 6 of this chapter beyond the expiration date of its current charter with the state board.

(3) Subject to appropriations, the state board shall be authorized to provide up to $5 million in grant funding for the purpose of assisting and encouraging the development of new completion special schools; provided, however, that no current or former state chartered special school, having previously operated as a system-collaborative state charter school, shall be eligible for such funds.

(3) Subject to appropriations, the state board shall be authorized to provide up to $5 million in grant funding for the purpose of assisting and encouraging the development of new completion special schools; provided, however, that no current or former state chartered special school, having previously operated as a system-collaborative state charter school, shall be eligible for such funds.

(b) The state board shall adopt policies, procedures, regulations, and other such requirements for the dissolution or probationary dissolution of a completion special school upon the recommendation of the State School Superintendent for failure to comply with the requirements of this article or other applicable law or for other good cause as determined by the state board following an impartial due process procedure which shall include, but shall not be limited to, the following: (1) A completion special school shall be notified in writing by the department of alleged noncompliance with provisions of this article or other applicable law, policy, rule, or regulation and shall be allowed no less than 30 days to respond in writing to such notice; (2) If the department provides a corrective action plan to a completion special school, such school shall have no less than 60 days to implement such corrective action plan or reach a resolution of such corrective action plan mutually with the department; (3) If a completion special school fails to timely implement a corrective action plan or reach a resolution of such corrective action plan mutually with the department, or for other good cause, the department shall submit to the State School Superintendent a written recommendation of dissolution or probationary dissolution of such school. The department shall provide a copy of such recommendation to such school, and such school shall be permitted to submit to the State School Superintendent a written response to such recommendation within ten days of the date of such recommendation; and (4) Upon receipt of a recommendation by the department of the dissolution or probationary dissolution of a completion special school, the State School Superintendent shall be authorized to: (A) Require information from the department and such school regarding any alleged noncompliance with this article or other applicable law, any alleged noncompliance with any corrective action plan provided by the department to such school, or any other cause alleged in support of the department's recommendation; (B) Allow such school additional time not to exceed 60 days to demonstrate compliance with the corrective action plan referenced in the department's recommendation; (C) Determine that such school has adequately demonstrated compliance with the corrective action plan referenced in the department's recommendation; (D) Make a recommendation to the state board that such school shall be placed on probationary dissolution for a period of not less than 12 months, during which period such school must demonstrate continuous compliance with this article and other applicable laws and any corrective action plan provided by the department. During any such probationary period, the State School Superintendent shall, at his or her sole discretion, be authorized to recommend that the state board revoke such school's probationary status and proceed with the dissolution of such school; and (E) Make a recommendation to the state board that such completion special school shall be dissolved, effective on a date that ensures the least disruptive transition practicable for students who are enrolled or attending such school.

(b) The state board shall adopt policies, procedures, regulations, and other such requirements for the dissolution or probationary dissolution of a completion special school upon the recommendation of the State School Superintendent for failure to comply with the requirements of this article or other applicable law or for other good cause as determined by the state board following an impartial due process procedure which shall include, but shall not be limited to, the following:

(1) A completion special school shall be notified in writing by the department of alleged noncompliance with provisions of this article or other applicable law, policy, rule, or regulation and shall be allowed no less than 30 days to respond in writing to such notice;

(1) A completion special school shall be notified in writing by the department of alleged noncompliance with provisions of this article or other applicable law, policy, rule, or regulation and shall be allowed no less than 30 days to respond in writing to such notice;

(2) If the department provides a corrective action plan to a completion special school, such school shall have no less than 60 days to implement such corrective action plan or reach a resolution of such corrective action plan mutually with the department;

(2) If the department provides a corrective action plan to a completion special school, such school shall have no less than 60 days to implement such corrective action plan or reach a resolution of such corrective action plan mutually with the department;

(3) If a completion special school fails to timely implement a corrective action plan or reach a resolution of such corrective action plan mutually with the department, or for other good cause, the department shall submit to the State School Superintendent a written recommendation of dissolution or probationary dissolution of such school. The department shall provide a copy of such recommendation to such school, and such school shall be permitted to submit to the State School Superintendent a written response to such recommendation within ten days of the date of such recommendation; and

(3) If a completion special school fails to timely implement a corrective action plan or reach a resolution of such corrective action plan mutually with the department, or for other good cause, the department shall submit to the State School Superintendent a written recommendation of dissolution or probationary dissolution of such school. The department shall provide a copy of such recommendation to such school, and such school shall be permitted to submit to the State School Superintendent a written response to such recommendation within ten days of the date of such recommendation; and

(4) Upon receipt of a recommendation by the department of the dissolution or probationary dissolution of a completion special school, the State School Superintendent shall be authorized to: (A) Require information from the department and such school regarding any alleged noncompliance with this article or other applicable law, any alleged noncompliance with any corrective action plan provided by the department to such school, or any other cause alleged in support of the department's recommendation; (B) Allow such school additional time not to exceed 60 days to demonstrate compliance with the corrective action plan referenced in the department's recommendation; (C) Determine that such school has adequately demonstrated compliance with the corrective action plan referenced in the department's recommendation; (D) Make a recommendation to the state board that such school shall be placed on probationary dissolution for a period of not less than 12 months, during which period such school must demonstrate continuous compliance with this article and other applicable laws and any corrective action plan provided by the department. During any such probationary period, the State School Superintendent shall, at his or her sole discretion, be authorized to recommend that the state board revoke such school's probationary status and proceed with the dissolution of such school; and (E) Make a recommendation to the state board that such completion special school shall be dissolved, effective on a date that ensures the least disruptive transition practicable for students who are enrolled or attending such school.

(4) Upon receipt of a recommendation by the department of the dissolution or probationary dissolution of a completion special school, the State School Superintendent shall be authorized to:

(A) Require information from the department and such school regarding any alleged noncompliance with this article or other applicable law, any alleged noncompliance with any corrective action plan provided by the department to such school, or any other cause alleged in support of the department's recommendation;

(A) Require information from the department and such school regarding any alleged noncompliance with this article or other applicable law, any alleged noncompliance with any corrective action plan provided by the department to such school, or any other cause alleged in support of the department's recommendation;

(B) Allow such school additional time not to exceed 60 days to demonstrate compliance with the corrective action plan referenced in the department's recommendation;

(B) Allow such school additional time not to exceed 60 days to demonstrate compliance with the corrective action plan referenced in the department's recommendation;

(C) Determine that such school has adequately demonstrated compliance with the corrective action plan referenced in the department's recommendation;

(C) Determine that such school has adequately demonstrated compliance with the corrective action plan referenced in the department's recommendation;

(D) Make a recommendation to the state board that such school shall be placed on probationary dissolution for a period of not less than 12 months, during which period such school must demonstrate continuous compliance with this article and other applicable laws and any corrective action plan provided by the department. During any such probationary period, the State School Superintendent shall, at his or her sole discretion, be authorized to recommend that the state board revoke such school's probationary status and proceed with the dissolution of such school; and

(D) Make a recommendation to the state board that such school shall be placed on probationary dissolution for a period of not less than 12 months, during which period such school must demonstrate continuous compliance with this article and other applicable laws and any corrective action plan provided by the department. During any such probationary period, the State School Superintendent shall, at his or her sole discretion, be authorized to recommend that the state board revoke such school's probationary status and proceed with the dissolution of such school; and

(E) Make a recommendation to the state board that such completion special school shall be dissolved, effective on a date that ensures the least disruptive transition practicable for students who are enrolled or attending such school.

(E) Make a recommendation to the state board that such completion special school shall be dissolved, effective on a date that ensures the least disruptive transition practicable for students who are enrolled or attending such school.
O.C.G.A. § 20-2-319-3 — GA Code / Title 20 / Chapter 2 / Section 20-2-319-3
Georgia Code Title 20. Education § 20-2-319.3
Status: in_force

(a) This Code section shall be known and may be cited as the “Online Clearing-house Act.”

(a) This Code section shall be known and may be cited as the “Online Clearing-house Act.”

(b) As used in this Code section, the term: (1) “ Charter school ” means a local charter school, as defined in paragraph (7) of Code Section 20-2-2062 , a state chartered special school, as defined in paragraph (16) of Code Section 20-2-2062 , and a state charter school, as defined in paragraph (2) of Code Section 20-2-2081 . (2) “ Clearing-house ” means the clearing-house established pursuant to subsection (c) of this Code section. (3) “ One credit ” and “ half-credit ” mean the customary academic unit of credit granted for secondary school courses in this state. (4) “ Student's school system ” means the local school system operating the school in which the student is lawfully enrolled.

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

(1) “ Charter school ” means a local charter school, as defined in paragraph (7) of Code Section 20-2-2062 , a state chartered special school, as defined in paragraph (16) of Code Section 20-2-2062 , and a state charter school, as defined in paragraph (2) of Code Section 20-2-2081 .

(1) “ Charter school ” means a local charter school, as defined in paragraph (7) of Code Section 20-2-2062 , a state chartered special school, as defined in paragraph (16) of Code Section 20-2-2062 , and a state charter school, as defined in paragraph (2) of Code Section 20-2-2081 .

(2) “ Clearing-house ” means the clearing-house established pursuant to subsection (c) of this Code section.

(2) “ Clearing-house ” means the clearing-house established pursuant to subsection (c) of this Code section.

(3) “ One credit ” and “ half-credit ” mean the customary academic unit of credit granted for secondary school courses in this state.

(3) “ One credit ” and “ half-credit ” mean the customary academic unit of credit granted for secondary school courses in this state.

(4) “ Student's school system ” means the local school system operating the school in which the student is lawfully enrolled.

(4) “ Student's school system ” means the local school system operating the school in which the student is lawfully enrolled.

(c)(1) The department shall establish a clearing-house of interactive distance learning courses and other distance learning courses delivered via a computer based method offered by local school systems and charter schools for sharing with other local school systems and charter schools for the fee set pursuant to subsection (e) of this Code section. The department shall review the content of each course prior to including it in the clearing-house to ensure that it meets state curriculum standards. The department is authorized to approve courses for inclusion in the clearing-house if the content meets state curriculum standards, the applicant meets all technical requirements, and the course is delivered by a highly qualified teacher who exhibits exceptional teaching skills and methodology as certified by the local school system or charter school, which teacher's credentials and skills shall be subject to review and approval by the department. (2) To offer a course through the clearing-house, a local school system or charter school shall apply to the department in a form and manner prescribed by the department. The application for each course shall describe the course of study in as much detail as required by the department, the qualification and credentials of the teacher, the number of hours of instruction, the technology required to deliver and receive the course, the technical capacity of the local school system or charter school to deliver the course, the times that the local school system or charter school plans to deliver the course, and any other information required by the department. The department may require local school systems and charter schools to include in their applications information recommended by the State Board of Education. (3) The department shall review the technical specifications of each application submitted pursuant to paragraph (2) of this subsection and shall determine if the local school system or charter school can satisfactorily deliver the course through the technology necessary for that delivery. All such courses shall be delivered only in accordance with technical specifications approved by the department. (4) The department may request additional information from a local school system or charter school that submits an application pursuant to paragraph (2) of this subsection, if the department determines that such information is necessary. The department may negotiate changes in the proposal to offer a course, if the department determines that changes are necessary in order to approve the course. (5) The department shall catalog each course approved for the clearing-house, through a print or electronic medium, displaying the following: (A) Information necessary for a student and the student's parent, guardian, or custodian and the student's school system or the student's charter school to decide whether to enroll in the course; and (B) Instructions for enrolling in that course, including deadlines for enrollment. (6) The department shall identify the copyright owner of each course in the catalog and shall assist local school systems and charter schools in understanding the process of registering copyrights and other protections of intellectual property under federal law, if requested.

(c)(1) The department shall establish a clearing-house of interactive distance learning courses and other distance learning courses delivered via a computer based method offered by local school systems and charter schools for sharing with other local school systems and charter schools for the fee set pursuant to subsection (e) of this Code section. The department shall review the content of each course prior to including it in the clearing-house to ensure that it meets state curriculum standards. The department is authorized to approve courses for inclusion in the clearing-house if the content meets state curriculum standards, the applicant meets all technical requirements, and the course is delivered by a highly qualified teacher who exhibits exceptional teaching skills and methodology as certified by the local school system or charter school, which teacher's credentials and skills shall be subject to review and approval by the department.

(c)(1) The department shall establish a clearing-house of interactive distance learning courses and other distance learning courses delivered via a computer based method offered by local school systems and charter schools for sharing with other local school systems and charter schools for the fee set pursuant to subsection (e) of this Code section. The department shall review the content of each course prior to including it in the clearing-house to ensure that it meets state curriculum standards. The department is authorized to approve courses for inclusion in the clearing-house if the content meets state curriculum standards, the applicant meets all technical requirements, and the course is delivered by a highly qualified teacher who exhibits exceptional teaching skills and methodology as certified by the local school system or charter school, which teacher's credentials and skills shall be subject to review and approval by the department.

(2) To offer a course through the clearing-house, a local school system or charter school shall apply to the department in a form and manner prescribed by the department. The application for each course shall describe the course of study in as much detail as required by the department, the qualification and credentials of the teacher, the number of hours of instruction, the technology required to deliver and receive the course, the technical capacity of the local school system or charter school to deliver the course, the times that the local school system or charter school plans to deliver the course, and any other information required by the department. The department may require local school systems and charter schools to include in their applications information recommended by the State Board of Education.

(2) To offer a course through the clearing-house, a local school system or charter school shall apply to the department in a form and manner prescribed by the department. The application for each course shall describe the course of study in as much detail as required by the department, the qualification and credentials of the teacher, the number of hours of instruction, the technology required to deliver and receive the course, the technical capacity of the local school system or charter school to deliver the course, the times that the local school system or charter school plans to deliver the course, and any other information required by the department. The department may require local school systems and charter schools to include in their applications information recommended by the State Board of Education.

(3) The department shall review the technical specifications of each application submitted pursuant to paragraph (2) of this subsection and shall determine if the local school system or charter school can satisfactorily deliver the course through the technology necessary for that delivery. All such courses shall be delivered only in accordance with technical specifications approved by the department.

(3) The department shall review the technical specifications of each application submitted pursuant to paragraph (2) of this subsection and shall determine if the local school system or charter school can satisfactorily deliver the course through the technology necessary for that delivery. All such courses shall be delivered only in accordance with technical specifications approved by the department.

(4) The department may request additional information from a local school system or charter school that submits an application pursuant to paragraph (2) of this subsection, if the department determines that such information is necessary. The department may negotiate changes in the proposal to offer a course, if the department determines that changes are necessary in order to approve the course.

(4) The department may request additional information from a local school system or charter school that submits an application pursuant to paragraph (2) of this subsection, if the department determines that such information is necessary. The department may negotiate changes in the proposal to offer a course, if the department determines that changes are necessary in order to approve the course.

(5) The department shall catalog each course approved for the clearing-house, through a print or electronic medium, displaying the following: (A) Information necessary for a student and the student's parent, guardian, or custodian and the student's school system or the student's charter school to decide whether to enroll in the course; and (B) Instructions for enrolling in that course, including deadlines for enrollment.

(5) The department shall catalog each course approved for the clearing-house, through a print or electronic medium, displaying the following:

(A) Information necessary for a student and the student's parent, guardian, or custodian and the student's school system or the student's charter school to decide whether to enroll in the course; and

(A) Information necessary for a student and the student's parent, guardian, or custodian and the student's school system or the student's charter school to decide whether to enroll in the course; and

(B) Instructions for enrolling in that course, including deadlines for enrollment.

(B) Instructions for enrolling in that course, including deadlines for enrollment.

(6) The department shall identify the copyright owner of each course in the catalog and shall assist local school systems and charter schools in understanding the process of registering copyrights and other protections of intellectual property under federal law, if requested.

(6) The department shall identify the copyright owner of each course in the catalog and shall assist local school systems and charter schools in understanding the process of registering copyrights and other protections of intellectual property under federal law, if requested.

(d)(1) A student who is enrolled in a school operated by a local school system or in a charter school may enroll in a course included in the clearing-house only if both of the following conditions are satisfied: (A) The student's enrollment in the course is approved by the student's school system or the student's charter school; and (B) The student's school system or the student's charter school agrees to accept for credit the grade assigned by the local school system or charter school delivering the course. (2) For each student enrolling in a course, the student's school system or the student's charter school shall transmit the student's identification number and the student's name to the local school system or charter school delivering the course. The school system or charter school delivering the course may request from the student's school system or the student's charter school other information from the student's school record. The student's school system or the student's charter school shall provide the requested information only in accordance with state law. (3) The student's school system or the student's charter school shall determine the manner in which and facilities at which the student shall participate in the course consistent with specifications for technology and connectivity adopted by the department. (4) A student may withdraw from a course prior to the end of the course only by a date and in a manner prescribed by the student's school system or the student's charter school. (5) A student who is enrolled in a school operated by a local school system or in a charter school and who takes a course included in the clearing-house shall be counted in the funding formula of the student's school system or the student's charter school for such course as if the student were taking the course from the student's school system or the student's charter school.

(d)(1) A student who is enrolled in a school operated by a local school system or in a charter school may enroll in a course included in the clearing-house only if both of the following conditions are satisfied: (A) The student's enrollment in the course is approved by the student's school system or the student's charter school; and (B) The student's school system or the student's charter school agrees to accept for credit the grade assigned by the local school system or charter school delivering the course.

(d)(1) A student who is enrolled in a school operated by a local school system or in a charter school may enroll in a course included in the clearing-house only if both of the following conditions are satisfied:

(A) The student's enrollment in the course is approved by the student's school system or the student's charter school; and

(A) The student's enrollment in the course is approved by the student's school system or the student's charter school; and

(B) The student's school system or the student's charter school agrees to accept for credit the grade assigned by the local school system or charter school delivering the course.

(B) The student's school system or the student's charter school agrees to accept for credit the grade assigned by the local school system or charter school delivering the course.

(2) For each student enrolling in a course, the student's school system or the student's charter school shall transmit the student's identification number and the student's name to the local school system or charter school delivering the course. The school system or charter school delivering the course may request from the student's school system or the student's charter school other information from the student's school record. The student's school system or the student's charter school shall provide the requested information only in accordance with state law.

(2) For each student enrolling in a course, the student's school system or the student's charter school shall transmit the student's identification number and the student's name to the local school system or charter school delivering the course. The school system or charter school delivering the course may request from the student's school system or the student's charter school other information from the student's school record. The student's school system or the student's charter school shall provide the requested information only in accordance with state law.

(3) The student's school system or the student's charter school shall determine the manner in which and facilities at which the student shall participate in the course consistent with specifications for technology and connectivity adopted by the department.

(3) The student's school system or the student's charter school shall determine the manner in which and facilities at which the student shall participate in the course consistent with specifications for technology and connectivity adopted by the department.

(4) A student may withdraw from a course prior to the end of the course only by a date and in a manner prescribed by the student's school system or the student's charter school.

(4) A student may withdraw from a course prior to the end of the course only by a date and in a manner prescribed by the student's school system or the student's charter school.

(5) A student who is enrolled in a school operated by a local school system or in a charter school and who takes a course included in the clearing-house shall be counted in the funding formula of the student's school system or the student's charter school for such course as if the student were taking the course from the student's school system or the student's charter school.

(5) A student who is enrolled in a school operated by a local school system or in a charter school and who takes a course included in the clearing-house shall be counted in the funding formula of the student's school system or the student's charter school for such course as if the student were taking the course from the student's school system or the student's charter school.

(e)(1) The department shall set appropriate fees for one-credit and half-credit courses offered by a local school system or a charter school to another local school system or charter school pursuant to this Code section. (2) The department shall proportionally reduce the fee for any student who withdraws from a course prior to the end of the course pursuant to paragraph (4) of subsection (d) of this Code section. (3) For each student enrolled in a course included in the clearing-house, and not later than the last day of that course, the department shall deduct the amount of the fee for that course from the student's school system or charter school allotment and shall pay that amount to the local school system or charter school delivering the course. (4) From the funds received pursuant to paragraph (3) of this subsection, the local school system or charter school delivering the course shall pay the teacher conducting the course such additional amount of compensation based on the number of students taking the course and the course fee.

(e)(1) The department shall set appropriate fees for one-credit and half-credit courses offered by a local school system or a charter school to another local school system or charter school pursuant to this Code section.

(e)(1) The department shall set appropriate fees for one-credit and half-credit courses offered by a local school system or a charter school to another local school system or charter school pursuant to this Code section.

(2) The department shall proportionally reduce the fee for any student who withdraws from a course prior to the end of the course pursuant to paragraph (4) of subsection (d) of this Code section.

(2) The department shall proportionally reduce the fee for any student who withdraws from a course prior to the end of the course pursuant to paragraph (4) of subsection (d) of this Code section.

(3) For each student enrolled in a course included in the clearing-house, and not later than the last day of that course, the department shall deduct the amount of the fee for that course from the student's school system or charter school allotment and shall pay that amount to the local school system or charter school delivering the course.

(3) For each student enrolled in a course included in the clearing-house, and not later than the last day of that course, the department shall deduct the amount of the fee for that course from the student's school system or charter school allotment and shall pay that amount to the local school system or charter school delivering the course.

(4) From the funds received pursuant to paragraph (3) of this subsection, the local school system or charter school delivering the course shall pay the teacher conducting the course such additional amount of compensation based on the number of students taking the course and the course fee.

(4) From the funds received pursuant to paragraph (3) of this subsection, the local school system or charter school delivering the course shall pay the teacher conducting the course such additional amount of compensation based on the number of students taking the course and the course fee.

(f) The grade for a student who enrolls in a course included in the clearing-house shall be assigned by the local school system or charter school that delivers the course and shall be transmitted by that school system or charter school to the student's school system or the student's charter school.

(f) The grade for a student who enrolls in a course included in the clearing-house shall be assigned by the local school system or charter school that delivers the course and shall be transmitted by that school system or charter school to the student's school system or the student's charter school.

(g) The department may determine the manner in which a course included in the clearing-house may be offered as a dual enrollment program, may be offered to students who are enrolled in nonpublic schools or a home study program pursuant to Code Section 20-2-690 , or may be offered at times outside the normal school day or school week, including any necessary additional fees and methods of payment for a course so offered.

(g) The department may determine the manner in which a course included in the clearing-house may be offered as a dual enrollment program, may be offered to students who are enrolled in nonpublic schools or a home study program pursuant to Code Section 20-2-690 , or may be offered at times outside the normal school day or school week, including any necessary additional fees and methods of payment for a course so offered.

(h) The department shall promulgate rules and regulations for the implementation of this Code section. The department may coordinate the clearing-house established pursuant to this Code section with the Georgia Virtual School established pursuant to Code Section 20-2-319.1 .

(h) The department shall promulgate rules and regulations for the implementation of this Code section. The department may coordinate the clearing-house established pursuant to this Code section with the Georgia Virtual School established pursuant to Code Section 20-2-319.1 .

(i) Nothing in this Code section shall prohibit a local school system or charter school from offering an interactive distance learning course or other distance learning course using a computer based method through any means other than the clearing-house established and maintained under this Code section.

(i) Nothing in this Code section shall prohibit a local school system or charter school from offering an interactive distance learning course or other distance learning course using a computer based method through any means other than the clearing-house established and maintained under this Code section.
O.C.G.A. § 20-3-615 — GA Code / Title 20 / Chapter 3 / Section 20-3-615
Georgia Code Title 20. Education § 20-3-615
Status: in_force

Nothing in this article or in an advance tuition payment contract entered into pursuant to this article shall be construed as a promise or guarantee by the trust or the state that a person will be admitted to a state institution of higher education or to a particular state institution of higher education, will be allowed to continue to attend a state institution of higher education after having been admitted, or will be graduated from a state institution of higher education.
O.C.G.A. § 20-2-696 — GA Code / Title 20 / Chapter 2 / Section 20-2-696
Georgia Code Title 20. Education § 20-2-696
Status: in_force

In the discharge of the duties of their office, visiting teachers, acting visiting teachers, or attendance officers shall:

(1) Cooperate fully with the Department of Human Services, the Department of Labor, and other state agencies;

(1) Cooperate fully with the Department of Human Services, the Department of Labor, and other state agencies;

(2) Make monthly and annual reports to their respective local school superintendents on attendance and other problems of child school adjustment in the public schools of their territory; and

(2) Make monthly and annual reports to their respective local school superintendents on attendance and other problems of child school adjustment in the public schools of their territory; and

(3) Comply with the rules and regulations of the county and independent school system boards of education and the State Board of Education.

(3) Comply with the rules and regulations of the county and independent school system boards of education and the State Board of Education.
O.C.G.A. § 20-8-6 — GA Code / Title 20 / Chapter 8 / Section 20-8-6
Georgia Code Title 20. Education § 20-8-6
Status: in_force

Each educational facility which employs campus policemen, including institutions of the University System of Georgia, shall report to the Georgia Bureau of Investigation and to the local law enforcement agency incidents of criminal gang activity as defined by Code Section 16-15-3 which occur on or adjacent to the campus of such educational facility.
O.C.G.A. § 20-14-95 — GA Code / Title 20 / Chapter 14 / Section 20-14-95
Georgia Code Title 20. Education § 20-14-95
Status: repealed

(a) This part shall be known and may be cited as the “Georgia Civics Renewal Act.”

(a) This part shall be known and may be cited as the “Georgia Civics Renewal Act.”

(b) There is created the Georgia Commission on Civics Education.

(b) There is created the Georgia Commission on Civics Education.

(c) It is the intent of the General Assembly that the commission shall promote and enhance the education of students on the importance of civic involvement in a constitutional republic, the study of state and local government among the state's citizenry, the importance of civic engagement and public service, and communication and collaboration among organizations in the state that conduct civics education.

(c) It is the intent of the General Assembly that the commission shall promote and enhance the education of students on the importance of civic involvement in a constitutional republic, the study of state and local government among the state's citizenry, the importance of civic engagement and public service, and communication and collaboration among organizations in the state that conduct civics education.

(d)(1) The commission shall consist of 17 members comprising three members from the Senate appointed by the President of the Senate, with at least one member each from the Senate majority caucus and minority caucus; three members from the House of Representatives appointed by the Speaker of the House of Representatives, with at least one member each from the House of Representatives majority caucus and minority caucus; one Justice of the Supreme Court; the Attorney General or his or her designee; the State School Superintendent or his or her designee; one representative from the Georgia Chamber of Commerce; one representative from the Metro Atlanta Chamber of Commerce; one representative from the Association County Commissioners of Georgia; one representative from the Georgia Municipal Association; and four members appointed by the Governor, with one representative from the Georgia Center for Civic Engagement, two former or current government or civics teachers, and one other individual. (2) Vacancies in the commission shall be filled the same as the original appointments. (3)(A) Legislative members of the commission shall serve two-year terms concurrent with their terms as members of the General Assembly. (B) Nonlegislative members of the commission shall serve two-year terms concurrent with those terms of legislative members of the commission.

(d)(1) The commission shall consist of 17 members comprising three members from the Senate appointed by the President of the Senate, with at least one member each from the Senate majority caucus and minority caucus; three members from the House of Representatives appointed by the Speaker of the House of Representatives, with at least one member each from the House of Representatives majority caucus and minority caucus; one Justice of the Supreme Court; the Attorney General or his or her designee; the State School Superintendent or his or her designee; one representative from the Georgia Chamber of Commerce; one representative from the Metro Atlanta Chamber of Commerce; one representative from the Association County Commissioners of Georgia; one representative from the Georgia Municipal Association; and four members appointed by the Governor, with one representative from the Georgia Center for Civic Engagement, two former or current government or civics teachers, and one other individual.

(d)(1) The commission shall consist of 17 members comprising three members from the Senate appointed by the President of the Senate, with at least one member each from the Senate majority caucus and minority caucus; three members from the House of Representatives appointed by the Speaker of the House of Representatives, with at least one member each from the House of Representatives majority caucus and minority caucus; one Justice of the Supreme Court; the Attorney General or his or her designee; the State School Superintendent or his or her designee; one representative from the Georgia Chamber of Commerce; one representative from the Metro Atlanta Chamber of Commerce; one representative from the Association County Commissioners of Georgia; one representative from the Georgia Municipal Association; and four members appointed by the Governor, with one representative from the Georgia Center for Civic Engagement, two former or current government or civics teachers, and one other individual.

(2) Vacancies in the commission shall be filled the same as the original appointments.

(2) Vacancies in the commission shall be filled the same as the original appointments.

(3)(A) Legislative members of the commission shall serve two-year terms concurrent with their terms as members of the General Assembly. (B) Nonlegislative members of the commission shall serve two-year terms concurrent with those terms of legislative members of the commission.

(3)(A) Legislative members of the commission shall serve two-year terms concurrent with their terms as members of the General Assembly.

(3)(A) Legislative members of the commission shall serve two-year terms concurrent with their terms as members of the General Assembly.

(B) Nonlegislative members of the commission shall serve two-year terms concurrent with those terms of legislative members of the commission.

(B) Nonlegislative members of the commission shall serve two-year terms concurrent with those terms of legislative members of the commission.

(e) The Governor shall designate the chairperson of the commission. The chairperson shall serve as such concurrent with his or her term as a member of the commission.

(e) The Governor shall designate the chairperson of the commission. The chairperson shall serve as such concurrent with his or her term as a member of the commission.

(f)(1) The commission shall periodically review the conditions, needs, issues, and problems related to civics education in Georgia schools, including, but not limited to, career, technical, and agricultural education (CTAE) instruction for the government and public administration and the law, public safety, corrections, and security pathways, and shall issue annually a report on the same to the General Assembly, and recommend any action or legislation which the commission deems necessary or appropriate. (2) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. The commission shall meet upon the call of the chairperson. The commission shall meet not less than two nor more than four times annually. (3) The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8 . Any citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 , as well as the mileage or transportation allowance authorized for state employees. Any members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to the Department of Education for this purpose. All other funds necessary to carry out the provisions of this Code section shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this paragraph shall not be received by members of the commission for more than four days annually.

(f)(1) The commission shall periodically review the conditions, needs, issues, and problems related to civics education in Georgia schools, including, but not limited to, career, technical, and agricultural education (CTAE) instruction for the government and public administration and the law, public safety, corrections, and security pathways, and shall issue annually a report on the same to the General Assembly, and recommend any action or legislation which the commission deems necessary or appropriate.

(f)(1) The commission shall periodically review the conditions, needs, issues, and problems related to civics education in Georgia schools, including, but not limited to, career, technical, and agricultural education (CTAE) instruction for the government and public administration and the law, public safety, corrections, and security pathways, and shall issue annually a report on the same to the General Assembly, and recommend any action or legislation which the commission deems necessary or appropriate.

(2) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. The commission shall meet upon the call of the chairperson. The commission shall meet not less than two nor more than four times annually.

(2) The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this Code section. The commission shall meet upon the call of the chairperson. The commission shall meet not less than two nor more than four times annually.

(3) The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8 . Any citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 , as well as the mileage or transportation allowance authorized for state employees. Any members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to the Department of Education for this purpose. All other funds necessary to carry out the provisions of this Code section shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this paragraph shall not be received by members of the commission for more than four days annually.

(3) The legislative members of the commission shall receive the allowances provided for in Code Section 28-1-8 . Any citizen members shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section 45-7-21 , as well as the mileage or transportation allowance authorized for state employees. Any members of the commission who are state officials, other than legislative members, and state employees shall receive no compensation for their services on the commission, but they shall be reimbursed for expenses incurred by them in the performance of their duties as members of the commission in the same manner as they are reimbursed for expenses in their capacities as state officials or employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to the Department of Education for this purpose. All other funds necessary to carry out the provisions of this Code section shall come from funds appropriated to the House of Representatives and the Senate. The expenses and allowances authorized by this paragraph shall not be received by members of the commission for more than four days annually.

(g) The head of the social studies program of the Department of Education shall report annually to the commission regarding the conditions, needs, issues, and problems of the program. Such report shall include a statement of efforts undertaken by the Department of Education to inform and encourage local school systems to recruit and utilize supplemental resources from appropriate local and community organizations which promote civics and civics education as among their primary purposes.

(g) The head of the social studies program of the Department of Education shall report annually to the commission regarding the conditions, needs, issues, and problems of the program. Such report shall include a statement of efforts undertaken by the Department of Education to inform and encourage local school systems to recruit and utilize supplemental resources from appropriate local and community organizations which promote civics and civics education as among their primary purposes.

(h) This part shall stand repealed on December 31, 2028.

(h) This part shall stand repealed on December 31, 2028.
O.C.G.A. § 20-3-288 — GA Code / Title 20 / Chapter 3 / Section 20-3-288
Georgia Code Title 20. Education § 20-3-288
Status: in_force

In accordance with the national scope and intent of the United States relative to educational loans as expressed in the federal act, lenders and the corporation are authorized to accept and rely upon a student's or parent's certification of his or her state of legal residence unless the lender or the corporation has and is aware of knowledge to the contrary.
O.C.G.A. § 20-14-10 — GA Code / Title 20 / Chapter 14 / Section 20-14-10
Georgia Code Title 20. Education § 20-14-10
Status: in_force

Any decision or action by the alliance directing action by any department, board, or office represented on the alliance shall be placed on the agenda of the next regularly scheduled meeting of the governing body of the affected department, board, or office for immediate action. The action taken by the affected department, board, or office shall be reported to the alliance at the next regularly scheduled meeting of the alliance.
O.C.G.A. § 20-3-250-23 — GA Code / Title 20 / Chapter 3 / Section 20-3-250-23
Georgia Code Title 20. Education § 20-3-250.23
Status: in_force

All certificates of authorization previously issued under either Article 3 of this chapter, the “Postsecondary Educational Authorization Act of 1978,” or Article 4 of Chapter 4 of this title, the “Georgia Proprietary School Act,” as such articles and provisions existed immediately prior to July 1, 1991, shall remain valid until their expiration date or until such certificate can be renewed in accordance with the terms of this part and the rules, regulations, and standards of the commission. The commission is authorized to adopt interim rules and regulations to allow for the transition to this part for institutions regulated under the aforementioned articles.
O.C.G.A. § 20-2-190 — GA Code / Title 20 / Chapter 2 / Section 20-2-190
Georgia Code Title 20. Education § 20-2-190
Status: in_force

(a) Subject to appropriations by the General Assembly, the State Board of Education shall provide professional development centered on state-wide strategic initiatives. Such strategic initiatives may include, but are not limited to, training on content standards, support for under-performing educators, and mentoring programs in specific subject areas.

(a) Subject to appropriations by the General Assembly, the State Board of Education shall provide professional development centered on state-wide strategic initiatives. Such strategic initiatives may include, but are not limited to, training on content standards, support for under-performing educators, and mentoring programs in specific subject areas.

(b) It is the intention of the General Assembly that: (1) For Fiscal Year 2014, an amount equivalent to 0.15 percent of salaries of all certificated professional personnel, including school level administrators, used in the development of each respective program weight be appropriated to the State Board of Education for purposes of funding state-wide strategic initiatives for professional development, as provided in subsection (a) of this Code section; and (2) For Fiscal Year 2015 and thereafter, an amount equivalent to 0.25 percent of salaries of all certificated professional personnel, including school level administrators, used in the development of each respective program weight be appropriated to the State Board of Education for purposes of funding state-wide strategic initiatives for professional development, as provided in subsection (a) of this Code section.

(b) It is the intention of the General Assembly that:

(1) For Fiscal Year 2014, an amount equivalent to 0.15 percent of salaries of all certificated professional personnel, including school level administrators, used in the development of each respective program weight be appropriated to the State Board of Education for purposes of funding state-wide strategic initiatives for professional development, as provided in subsection (a) of this Code section; and

(1) For Fiscal Year 2014, an amount equivalent to 0.15 percent of salaries of all certificated professional personnel, including school level administrators, used in the development of each respective program weight be appropriated to the State Board of Education for purposes of funding state-wide strategic initiatives for professional development, as provided in subsection (a) of this Code section; and

(2) For Fiscal Year 2015 and thereafter, an amount equivalent to 0.25 percent of salaries of all certificated professional personnel, including school level administrators, used in the development of each respective program weight be appropriated to the State Board of Education for purposes of funding state-wide strategic initiatives for professional development, as provided in subsection (a) of this Code section.

(2) For Fiscal Year 2015 and thereafter, an amount equivalent to 0.25 percent of salaries of all certificated professional personnel, including school level administrators, used in the development of each respective program weight be appropriated to the State Board of Education for purposes of funding state-wide strategic initiatives for professional development, as provided in subsection (a) of this Code section.
O.C.G.A. § 20-2-915 — GA Code / Title 20 / Chapter 2 / Section 20-2-915
Georgia Code Title 20. Education § 20-2-915
Status: in_force

(a) The contract or contracts shall provide for health insurance for retiring public school employees and their spouses and dependent children, as defined by the regulations of the board, under such terms as the board may deem appropriate. The board shall adopt regulations prescribing the conditions under which an employee or retiring employee may elect to participate in or withdraw from the health insurance plan; provided, however, that any such persons who are eligible to receive a benefit under Chapter 3 or 4 of Title 47 shall be entitled to continue health benefit coverage from active service by authorizing deductions from the retiree's retirement benefit or by paying a premium directly to the board as provided by the rules and regulations of the board. For retirees who pay directly, the participation rate shall be the same as the rate charged to other retired direct payees. Surviving spouses of direct paying retirees shall be eligible to continue coverage at the death of the retiree under the same conditions as the retiree but shall not be eligible to include additional persons in the contract after the retiree's death. The board may limit the choices of direct paying retirees to the level of coverage supported by the employer contribution authorized under this Code section.

(a) The contract or contracts shall provide for health insurance for retiring public school employees and their spouses and dependent children, as defined by the regulations of the board, under such terms as the board may deem appropriate. The board shall adopt regulations prescribing the conditions under which an employee or retiring employee may elect to participate in or withdraw from the health insurance plan; provided, however, that any such persons who are eligible to receive a benefit under Chapter 3 or 4 of Title 47 shall be entitled to continue health benefit coverage from active service by authorizing deductions from the retiree's retirement benefit or by paying a premium directly to the board as provided by the rules and regulations of the board. For retirees who pay directly, the participation rate shall be the same as the rate charged to other retired direct payees. Surviving spouses of direct paying retirees shall be eligible to continue coverage at the death of the retiree under the same conditions as the retiree but shall not be eligible to include additional persons in the contract after the retiree's death. The board may limit the choices of direct paying retirees to the level of coverage supported by the employer contribution authorized under this Code section.

(b) The contract or contracts shall provide for health insurance for retired former public school employees and retired former employees of a community college operated and funded by a local school system and their spouses and dependent children, as defined by the regulations of the board, under such terms as the board may deem appropriate. The former retired employees shall include individuals who retired prior to January 1, 1985, who were covered by an employer group health plan at the time of retirement and who receive benefits from one of the retirement systems operated by the state or by a local school system. The costs of employer contributions and the administration of providing such insurance may be assessed against such retired former employees or may be appropriated to the Department of Education. Such retired former employees shall pay premiums for such health insurance in an amount set by the board after consideration of the amount appropriated to the Department of Education. The board shall adopt regulations prescribing the conditions under which a retired former employee may elect to participate in or withdraw from the plan.

(b) The contract or contracts shall provide for health insurance for retired former public school employees and retired former employees of a community college operated and funded by a local school system and their spouses and dependent children, as defined by the regulations of the board, under such terms as the board may deem appropriate. The former retired employees shall include individuals who retired prior to January 1, 1985, who were covered by an employer group health plan at the time of retirement and who receive benefits from one of the retirement systems operated by the state or by a local school system. The costs of employer contributions and the administration of providing such insurance may be assessed against such retired former employees or may be appropriated to the Department of Education. Such retired former employees shall pay premiums for such health insurance in an amount set by the board after consideration of the amount appropriated to the Department of Education. The board shall adopt regulations prescribing the conditions under which a retired former employee may elect to participate in or withdraw from the plan.

(c) If a retiring or retired public school employee or the beneficiary of such retiring or retired public school employee exercises eligibility under board regulations to continue coverage under the plan and the retiring or retired public school employee or the beneficiary is eligible to participate in the insurance program operated by or on behalf of the federal government under the provisions of 42 U.S.C.A. 1395 , as amended, the coverage available under the public school employees' health insurance plan shall be subordinated to the coverage available under such federal program. The board is authorized to promulgate regulations to establish the premium paid by the retiring or retired public school employee or beneficiary to reflect the subordination of coverage.

(c) If a retiring or retired public school employee or the beneficiary of such retiring or retired public school employee exercises eligibility under board regulations to continue coverage under the plan and the retiring or retired public school employee or the beneficiary is eligible to participate in the insurance program operated by or on behalf of the federal government under the provisions of 42 U.S.C.A. 1395 , as amended, the coverage available under the public school employees' health insurance plan shall be subordinated to the coverage available under such federal program. The board is authorized to promulgate regulations to establish the premium paid by the retiring or retired public school employee or beneficiary to reflect the subordination of coverage.