O.C.G.A. § 20-4-141 — GA Code / Title 20 / Chapter 4 / Section 20-4-141
Georgia Code Title 20. Education § 20-4-141
Status: in_force

(a)(1) The state board shall, in coordination with the State Board of Education, Department of Education, the Department of Juvenile Justice, the Department of Corrections, and the Office of Planning and Budget, establish a pilot program to allow students who meet eligibility requirements to qualify for enrollment in the Dual Achievement Program at a participating unit of the technical college system and, upon successful completion of the program, be awarded a high school diploma. The purpose of the pilot program is to assess the feasibility of implementing a state-funded program for eligible students who have withdrawn from high school to enroll in a unit of the technical college system to participate in an academic and technical education and training program which, upon successful completion, allows the student to earn a high school diploma while also earning a technical college associate degree, a technical college diploma, or technical college certificates of credit in specific career pathways. (2) To implement the pilot program, notwithstanding any other provision of law to the contrary, the State Board of the Technical College System of Georgia and the State Board of Education shall be authorized to waive or provide variances to state rules, regulations, policies, and procedures and to provisions of this title that may be reasonably necessary to meet the goals of the pilot program. Such waivers or variances shall automatically expire at the end of five years unless an earlier expiration is provided for. The State Board of the Technical College System of Georgia and the State Board of Education shall be authorized to seek waivers or variances of federal laws, rules, regulations, policies, and procedures that may be reasonably necessary to meet the goals of the pilot program. (3) The pilot program, as determined by the state board, may include up to five units of the technical college system for a period of five years. In an effort to pilot the program under various conditions present in the state, the state board shall seek to include in the pilot program units of the technical college system from various geographic areas in the state. (4) The state board shall review the results of the pilot program and shall no later than February 1 each year during the program provide the General Assembly with a comprehensive report on the program with any recommendations for its continued use and any needed changes in the program. Such report shall include a comprehensive list any such waivers or variances requested as provided for in paragraph (2) of this subsection, a statement of necessity for each request, and whether each request was granted in whole or in part.

(a)(1) The state board shall, in coordination with the State Board of Education, Department of Education, the Department of Juvenile Justice, the Department of Corrections, and the Office of Planning and Budget, establish a pilot program to allow students who meet eligibility requirements to qualify for enrollment in the Dual Achievement Program at a participating unit of the technical college system and, upon successful completion of the program, be awarded a high school diploma. The purpose of the pilot program is to assess the feasibility of implementing a state-funded program for eligible students who have withdrawn from high school to enroll in a unit of the technical college system to participate in an academic and technical education and training program which, upon successful completion, allows the student to earn a high school diploma while also earning a technical college associate degree, a technical college diploma, or technical college certificates of credit in specific career pathways.

(a)(1) The state board shall, in coordination with the State Board of Education, Department of Education, the Department of Juvenile Justice, the Department of Corrections, and the Office of Planning and Budget, establish a pilot program to allow students who meet eligibility requirements to qualify for enrollment in the Dual Achievement Program at a participating unit of the technical college system and, upon successful completion of the program, be awarded a high school diploma. The purpose of the pilot program is to assess the feasibility of implementing a state-funded program for eligible students who have withdrawn from high school to enroll in a unit of the technical college system to participate in an academic and technical education and training program which, upon successful completion, allows the student to earn a high school diploma while also earning a technical college associate degree, a technical college diploma, or technical college certificates of credit in specific career pathways.

(2) To implement the pilot program, notwithstanding any other provision of law to the contrary, the State Board of the Technical College System of Georgia and the State Board of Education shall be authorized to waive or provide variances to state rules, regulations, policies, and procedures and to provisions of this title that may be reasonably necessary to meet the goals of the pilot program. Such waivers or variances shall automatically expire at the end of five years unless an earlier expiration is provided for. The State Board of the Technical College System of Georgia and the State Board of Education shall be authorized to seek waivers or variances of federal laws, rules, regulations, policies, and procedures that may be reasonably necessary to meet the goals of the pilot program.

(2) To implement the pilot program, notwithstanding any other provision of law to the contrary, the State Board of the Technical College System of Georgia and the State Board of Education shall be authorized to waive or provide variances to state rules, regulations, policies, and procedures and to provisions of this title that may be reasonably necessary to meet the goals of the pilot program. Such waivers or variances shall automatically expire at the end of five years unless an earlier expiration is provided for. The State Board of the Technical College System of Georgia and the State Board of Education shall be authorized to seek waivers or variances of federal laws, rules, regulations, policies, and procedures that may be reasonably necessary to meet the goals of the pilot program.

(3) The pilot program, as determined by the state board, may include up to five units of the technical college system for a period of five years. In an effort to pilot the program under various conditions present in the state, the state board shall seek to include in the pilot program units of the technical college system from various geographic areas in the state.

(3) The pilot program, as determined by the state board, may include up to five units of the technical college system for a period of five years. In an effort to pilot the program under various conditions present in the state, the state board shall seek to include in the pilot program units of the technical college system from various geographic areas in the state.

(4) The state board shall review the results of the pilot program and shall no later than February 1 each year during the program provide the General Assembly with a comprehensive report on the program with any recommendations for its continued use and any needed changes in the program. Such report shall include a comprehensive list any such waivers or variances requested as provided for in paragraph (2) of this subsection, a statement of necessity for each request, and whether each request was granted in whole or in part.

(4) The state board shall review the results of the pilot program and shall no later than February 1 each year during the program provide the General Assembly with a comprehensive report on the program with any recommendations for its continued use and any needed changes in the program. Such report shall include a comprehensive list any such waivers or variances requested as provided for in paragraph (2) of this subsection, a statement of necessity for each request, and whether each request was granted in whole or in part.

(b) The pilot program established by the state board pursuant to this article shall provide for the award of a high school diploma to students who successfully complete the program.

(b) The pilot program established by the state board pursuant to this article shall provide for the award of a high school diploma to students who successfully complete the program.

(c) The state board shall determine the specific competencies concerning the skills and knowledge needed for completion of each component of the program; provided, however, that the state board shall make such determination regarding the skills and knowledge needed to meet the requirements for a high school diploma as provided for in this program in consultation with the State Board of Education and the Department of Education.

(c) The state board shall determine the specific competencies concerning the skills and knowledge needed for completion of each component of the program; provided, however, that the state board shall make such determination regarding the skills and knowledge needed to meet the requirements for a high school diploma as provided for in this program in consultation with the State Board of Education and the Department of Education.

(d) In order to minimize the risk of prospective students prematurely withdrawing from a secondary school in order to participate in the program, the state board shall provide for preliminary review of academic records, including, but not limited to official secondary school transcripts, submitted by prospective students to determine whether such students meet the requirements provided for in paragraphs (1) and (2) of subsection (e) of this Code Section. If a prospective student meets such requirements, the student shall be so notified and allowed to complete a readiness assessment required by the technical college system. Students who meet the requirements provided for in paragraphs (1) and (2) of subsection (e) of this Code Section and attain a score of admission acceptable on the readiness assessment shall be notified that they are eligible to participate in the program, subject to meeting the requirements provided for in paragraphs (4) and (5) of subsection (e) of this Code Section.

(d) In order to minimize the risk of prospective students prematurely withdrawing from a secondary school in order to participate in the program, the state board shall provide for preliminary review of academic records, including, but not limited to official secondary school transcripts, submitted by prospective students to determine whether such students meet the requirements provided for in paragraphs (1) and (2) of subsection (e) of this Code Section. If a prospective student meets such requirements, the student shall be so notified and allowed to complete a readiness assessment required by the technical college system. Students who meet the requirements provided for in paragraphs (1) and (2) of subsection (e) of this Code Section and attain a score of admission acceptable on the readiness assessment shall be notified that they are eligible to participate in the program, subject to meeting the requirements provided for in paragraphs (4) and (5) of subsection (e) of this Code Section.

(e) To be eligible to participate in the program, a student shall: (1) Be 16 years of age or older; (2) Have completed at least six of the nine following state required ninth and tenth grade level high school courses: two English courses, two mathematics courses, two science courses, two social studies courses, and one health and physical education course; and any state required tests associated with any such courses; (3) Receive a score of admission acceptable on the readiness assessment required by the technical college system; (4) Provide the following: (A) If an unemancipated minor: (i) Verification that the student's parent or legal guardian attended a conference with the student's high school principal or the principal's designee as provided for in subsection (e) of Code Section 20-2-690.1 ; (ii) A copy of the form provided for in subsection (e) of Code Section 20-2-690.1 signed by the student's parent or legal guardian; (iii) Written acknowledgment by the student's parent or guardian that withdrawal of the student from secondary school may result in loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. Section 701, et seq. ; and (iv) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program; or (B) If an emancipated minor or a student who is 18, 19, or 20 years of age: (i) Written acknowledgment that the student has conferred with his or her secondary school principal or the principal's designee or a qualified designated official of the technical college system and discussed alternatives to withdrawing from high school without completing graduation requirements and potential consequences of not having a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities; (ii) Written acknowledgment by the student's parent or guardian that withdrawal of the student from secondary school may result in loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. Section 701, et seq. ; and (iii) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program; and (5) Be withdrawn from a public secondary school of this state.

(e) To be eligible to participate in the program, a student shall:

(1) Be 16 years of age or older;

(1) Be 16 years of age or older;

(2) Have completed at least six of the nine following state required ninth and tenth grade level high school courses: two English courses, two mathematics courses, two science courses, two social studies courses, and one health and physical education course; and any state required tests associated with any such courses;

(2) Have completed at least six of the nine following state required ninth and tenth grade level high school courses: two English courses, two mathematics courses, two science courses, two social studies courses, and one health and physical education course; and any state required tests associated with any such courses;

(3) Receive a score of admission acceptable on the readiness assessment required by the technical college system;

(3) Receive a score of admission acceptable on the readiness assessment required by the technical college system;

(4) Provide the following: (A) If an unemancipated minor: (i) Verification that the student's parent or legal guardian attended a conference with the student's high school principal or the principal's designee as provided for in subsection (e) of Code Section 20-2-690.1 ; (ii) A copy of the form provided for in subsection (e) of Code Section 20-2-690.1 signed by the student's parent or legal guardian; (iii) Written acknowledgment by the student's parent or guardian that withdrawal of the student from secondary school may result in loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. Section 701, et seq. ; and (iv) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program; or (B) If an emancipated minor or a student who is 18, 19, or 20 years of age: (i) Written acknowledgment that the student has conferred with his or her secondary school principal or the principal's designee or a qualified designated official of the technical college system and discussed alternatives to withdrawing from high school without completing graduation requirements and potential consequences of not having a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities; (ii) Written acknowledgment by the student's parent or guardian that withdrawal of the student from secondary school may result in loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. Section 701, et seq. ; and (iii) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program; and

(4) Provide the following:

(A) If an unemancipated minor: (i) Verification that the student's parent or legal guardian attended a conference with the student's high school principal or the principal's designee as provided for in subsection (e) of Code Section 20-2-690.1 ; (ii) A copy of the form provided for in subsection (e) of Code Section 20-2-690.1 signed by the student's parent or legal guardian; (iii) Written acknowledgment by the student's parent or guardian that withdrawal of the student from secondary school may result in loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. Section 701, et seq. ; and (iv) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program; or

(A) If an unemancipated minor:

(i) Verification that the student's parent or legal guardian attended a conference with the student's high school principal or the principal's designee as provided for in subsection (e) of Code Section 20-2-690.1 ;

(i) Verification that the student's parent or legal guardian attended a conference with the student's high school principal or the principal's designee as provided for in subsection (e) of Code Section 20-2-690.1 ;

(ii) A copy of the form provided for in subsection (e) of Code Section 20-2-690.1 signed by the student's parent or legal guardian;

(ii) A copy of the form provided for in subsection (e) of Code Section 20-2-690.1 signed by the student's parent or legal guardian;

(iii) Written acknowledgment by the student's parent or guardian that withdrawal of the student from secondary school may result in loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. Section 701, et seq. ; and

(iii) Written acknowledgment by the student's parent or guardian that withdrawal of the student from secondary school may result in loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. Section 701, et seq. ; and

(iv) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program; or

(iv) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program; or

(B) If an emancipated minor or a student who is 18, 19, or 20 years of age: (i) Written acknowledgment that the student has conferred with his or her secondary school principal or the principal's designee or a qualified designated official of the technical college system and discussed alternatives to withdrawing from high school without completing graduation requirements and potential consequences of not having a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities; (ii) Written acknowledgment by the student's parent or guardian that withdrawal of the student from secondary school may result in loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. Section 701, et seq. ; and (iii) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program; and

(B) If an emancipated minor or a student who is 18, 19, or 20 years of age:

(i) Written acknowledgment that the student has conferred with his or her secondary school principal or the principal's designee or a qualified designated official of the technical college system and discussed alternatives to withdrawing from high school without completing graduation requirements and potential consequences of not having a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities;

(i) Written acknowledgment that the student has conferred with his or her secondary school principal or the principal's designee or a qualified designated official of the technical college system and discussed alternatives to withdrawing from high school without completing graduation requirements and potential consequences of not having a high school diploma, including lower lifetime earnings, fewer jobs for which the student will be qualified, and the inability to avail oneself of higher educational opportunities;

(ii) Written acknowledgment by the student's parent or guardian that withdrawal of the student from secondary school may result in loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. Section 701, et seq. ; and

(ii) Written acknowledgment by the student's parent or guardian that withdrawal of the student from secondary school may result in loss of eligibility for accommodations, specialized instruction, and other services pursuant to the federal Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400, et seq., and Section 504 of the federal Rehabilitation Act of 1973, 29 U.S.C.A. Section 701, et seq. ; and

(iii) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program; and

(iii) Written acknowledgment that the high school diploma available through the Dual Achievement Program requires successful completion of the program; and

(5) Be withdrawn from a public secondary school of this state.

(5) Be withdrawn from a public secondary school of this state.

(f) The state board shall award a high school diploma to a student enrolled in the program provided for in this article who: (1) Completes all student counseling and assessment requirements of the program; (2) Completes rigorous coursework at a participating unit of the technical college system; and (3) Completes: (A) A technical college associate degree program; (B) A technical college diploma program; or (C) At least two technical college certificate of credit programs in one specific career pathway.

(f) The state board shall award a high school diploma to a student enrolled in the program provided for in this article who:

(1) Completes all student counseling and assessment requirements of the program;

(1) Completes all student counseling and assessment requirements of the program;

(2) Completes rigorous coursework at a participating unit of the technical college system; and

(2) Completes rigorous coursework at a participating unit of the technical college system; and

(3) Completes: (A) A technical college associate degree program; (B) A technical college diploma program; or (C) At least two technical college certificate of credit programs in one specific career pathway.

(3) Completes:

(A) A technical college associate degree program;

(A) A technical college associate degree program;

(B) A technical college diploma program; or

(B) A technical college diploma program; or

(C) At least two technical college certificate of credit programs in one specific career pathway.

(C) At least two technical college certificate of credit programs in one specific career pathway.

(g) A student who meets the requirements of subsections (f) of this Code section shall be deemed to have met all graduation requirements of the State Board of Education and shall not be subject to any assessments otherwise required for purposes of graduation.

(g) A student who meets the requirements of subsections (f) of this Code section shall be deemed to have met all graduation requirements of the State Board of Education and shall not be subject to any assessments otherwise required for purposes of graduation.

(h) The state board, in consultation with the State Board of Education, Department of Education, the Department of Juvenile Justice, the Department of Corrections, and the Office of Planning and Budget, shall establish rules and regulations to implement the provisions of this article.

(h) The state board, in consultation with the State Board of Education, Department of Education, the Department of Juvenile Justice, the Department of Corrections, and the Office of Planning and Budget, shall establish rules and regulations to implement the provisions of this article.
O.C.G.A. § 20-2-211-1 — GA Code / Title 20 / Chapter 2 / Section 20-2-211-1
Georgia Code Title 20. Education § 20-2-211.1
Status: in_force

(a) As used in this Code section, the term: (1) “ Clearance certificate ” means a certificate issued by the Professional Standards Commission that verifies that an educator has completed fingerprint and criminal background check requirements as specified in this Code section and that the individual does not have a certificate that is currently revoked or suspended in Georgia or any other state; provided, however, that additional fingerprinting shall not be required for renewal of a clearance certificate or for educators who possess a professional educator certificate as of January 1, 2011. A clearance certificate shall be a renewable certificate valid for five years. Clearance certificates shall be subject to fees in accordance with subsection (e) of Code Section 20-2-200 . (2) “ Educator ” means a teacher, school or school system administrator, or other education personnel who would, if not exempted pursuant to a charter under Article 31 or 31A of this chapter or an increased flexibility contract under Article 4 of this chapter, be required to hold a professional educator certificate, license, or permit issued by the Professional Standards Commission and persons who have applied for but have not yet received such a certificate, license, or permit. (3) “Local unit of administration” shall have the same meaning as in Code Section 20-2-242 and shall also include state chartered special schools and state charter schools. (4) “ Professional educator certificate ” means a certificate, license, or permit issued by the Professional Standards Commission that is based upon academic, technical, and professional training, experience, and competency of such personnel as provided for under Code Section 20-2-200 .

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

(1) “ Clearance certificate ” means a certificate issued by the Professional Standards Commission that verifies that an educator has completed fingerprint and criminal background check requirements as specified in this Code section and that the individual does not have a certificate that is currently revoked or suspended in Georgia or any other state; provided, however, that additional fingerprinting shall not be required for renewal of a clearance certificate or for educators who possess a professional educator certificate as of January 1, 2011. A clearance certificate shall be a renewable certificate valid for five years. Clearance certificates shall be subject to fees in accordance with subsection (e) of Code Section 20-2-200 .

(1) “ Clearance certificate ” means a certificate issued by the Professional Standards Commission that verifies that an educator has completed fingerprint and criminal background check requirements as specified in this Code section and that the individual does not have a certificate that is currently revoked or suspended in Georgia or any other state; provided, however, that additional fingerprinting shall not be required for renewal of a clearance certificate or for educators who possess a professional educator certificate as of January 1, 2011. A clearance certificate shall be a renewable certificate valid for five years. Clearance certificates shall be subject to fees in accordance with subsection (e) of Code Section 20-2-200 .

(2) “ Educator ” means a teacher, school or school system administrator, or other education personnel who would, if not exempted pursuant to a charter under Article 31 or 31A of this chapter or an increased flexibility contract under Article 4 of this chapter, be required to hold a professional educator certificate, license, or permit issued by the Professional Standards Commission and persons who have applied for but have not yet received such a certificate, license, or permit.

(2) “ Educator ” means a teacher, school or school system administrator, or other education personnel who would, if not exempted pursuant to a charter under Article 31 or 31A of this chapter or an increased flexibility contract under Article 4 of this chapter, be required to hold a professional educator certificate, license, or permit issued by the Professional Standards Commission and persons who have applied for but have not yet received such a certificate, license, or permit.

(3) “Local unit of administration” shall have the same meaning as in Code Section 20-2-242 and shall also include state chartered special schools and state charter schools.

(3) “Local unit of administration” shall have the same meaning as in Code Section 20-2-242 and shall also include state chartered special schools and state charter schools.

(4) “ Professional educator certificate ” means a certificate, license, or permit issued by the Professional Standards Commission that is based upon academic, technical, and professional training, experience, and competency of such personnel as provided for under Code Section 20-2-200 .

(4) “ Professional educator certificate ” means a certificate, license, or permit issued by the Professional Standards Commission that is based upon academic, technical, and professional training, experience, and competency of such personnel as provided for under Code Section 20-2-200 .

(b)(1) On and after January 1, 2011, all educators employed by a local unit of administration shall hold a valid clearance certificate; provided, however, that an educator who possesses a professional educator certificate as of January 1, 2011, shall not be required to obtain a clearance certificate until his or her professional educator certificate is up for renewal. A local unit of administration may employ an educator who does not already hold a valid clearance certificate, provided the individual has applied for a clearance certificate, for a maximum of 20 days in order to allow for the receipt of the results of the criminal record check and issuance of the clearance certificate. The requirements of this Code section shall be in addition to professional educator certificate requirements unless such educator is employed by a school which is exempt from teacher certification requirements pursuant to a charter under Article 31 or 31A of this chapter or an increased flexibility contract under Article 4 of this chapter. (2) Any other Code sections to the contrary notwithstanding, educators holding a valid clearance certificate shall be subject to the code of ethics for educators as established pursuant to Code Section 20-2-984.1 and shall be subject to Code Sections 20-2-984 , 20-2-984.2 , 20-2-984.3 , 20-2-984.4 , and 20-2-984.5 .

(b)(1) On and after January 1, 2011, all educators employed by a local unit of administration shall hold a valid clearance certificate; provided, however, that an educator who possesses a professional educator certificate as of January 1, 2011, shall not be required to obtain a clearance certificate until his or her professional educator certificate is up for renewal. A local unit of administration may employ an educator who does not already hold a valid clearance certificate, provided the individual has applied for a clearance certificate, for a maximum of 20 days in order to allow for the receipt of the results of the criminal record check and issuance of the clearance certificate. The requirements of this Code section shall be in addition to professional educator certificate requirements unless such educator is employed by a school which is exempt from teacher certification requirements pursuant to a charter under Article 31 or 31A of this chapter or an increased flexibility contract under Article 4 of this chapter.

(b)(1) On and after January 1, 2011, all educators employed by a local unit of administration shall hold a valid clearance certificate; provided, however, that an educator who possesses a professional educator certificate as of January 1, 2011, shall not be required to obtain a clearance certificate until his or her professional educator certificate is up for renewal. A local unit of administration may employ an educator who does not already hold a valid clearance certificate, provided the individual has applied for a clearance certificate, for a maximum of 20 days in order to allow for the receipt of the results of the criminal record check and issuance of the clearance certificate. The requirements of this Code section shall be in addition to professional educator certificate requirements unless such educator is employed by a school which is exempt from teacher certification requirements pursuant to a charter under Article 31 or 31A of this chapter or an increased flexibility contract under Article 4 of this chapter.

(2) Any other Code sections to the contrary notwithstanding, educators holding a valid clearance certificate shall be subject to the code of ethics for educators as established pursuant to Code Section 20-2-984.1 and shall be subject to Code Sections 20-2-984 , 20-2-984.2 , 20-2-984.3 , 20-2-984.4 , and 20-2-984.5 .

(2) Any other Code sections to the contrary notwithstanding, educators holding a valid clearance certificate shall be subject to the code of ethics for educators as established pursuant to Code Section 20-2-984.1 and shall be subject to Code Sections 20-2-984 , 20-2-984.2 , 20-2-984.3 , 20-2-984.4 , and 20-2-984.5 .

(c) A local unit of administration shall ensure that all personnel employed by such local unit of administration after January 1, 2011, shall be fingerprinted and have a criminal record check performed. The local unit of administration shall have the authority to employ such person for a maximum of 20 days in order to allow for the receipt of the results of the criminal record check. The local unit of administration shall adopt policies to provide for the subsequent criminal record checks of personnel continued in employment in the local unit of administration.

(c) A local unit of administration shall ensure that all personnel employed by such local unit of administration after January 1, 2011, shall be fingerprinted and have a criminal record check performed. The local unit of administration shall have the authority to employ such person for a maximum of 20 days in order to allow for the receipt of the results of the criminal record check. The local unit of administration shall adopt policies to provide for the subsequent criminal record checks of personnel continued in employment in the local unit of administration.

(d)(1) Local units of administration shall have the authority and responsibility to order criminal record checks pursuant to this Code section through the Georgia Crime Information Center and the Federal Bureau of Investigation and shall have the authority to receive the results of such criminal record checks. Local units of administration shall also have the authority to forward the results of criminal record checks to the Professional Standards Commission as necessary regarding potential violations of the code of ethics for educators. The Professional Standards Commission shall also have the authority to order criminal record checks pursuant to this Code section through the Georgia Crime Information Center and the Federal Bureau of Investigation and shall have the authority to receive the results of such criminal record checks. (2) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the Georgia Crime Information Center and the Federal Bureau of Investigation. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this Code section.

(d)(1) Local units of administration shall have the authority and responsibility to order criminal record checks pursuant to this Code section through the Georgia Crime Information Center and the Federal Bureau of Investigation and shall have the authority to receive the results of such criminal record checks. Local units of administration shall also have the authority to forward the results of criminal record checks to the Professional Standards Commission as necessary regarding potential violations of the code of ethics for educators. The Professional Standards Commission shall also have the authority to order criminal record checks pursuant to this Code section through the Georgia Crime Information Center and the Federal Bureau of Investigation and shall have the authority to receive the results of such criminal record checks.

(d)(1) Local units of administration shall have the authority and responsibility to order criminal record checks pursuant to this Code section through the Georgia Crime Information Center and the Federal Bureau of Investigation and shall have the authority to receive the results of such criminal record checks. Local units of administration shall also have the authority to forward the results of criminal record checks to the Professional Standards Commission as necessary regarding potential violations of the code of ethics for educators. The Professional Standards Commission shall also have the authority to order criminal record checks pursuant to this Code section through the Georgia Crime Information Center and the Federal Bureau of Investigation and shall have the authority to receive the results of such criminal record checks.

(2) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the Georgia Crime Information Center and the Federal Bureau of Investigation. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this Code section.

(2) Fingerprints shall be in such form and of such quality as shall be acceptable for submission to the Georgia Crime Information Center and the Federal Bureau of Investigation. It shall be the duty of each law enforcement agency in this state to fingerprint those persons required to be fingerprinted by this Code section.

(e) At the discretion of local units of administration, fees required for a criminal record check by the Georgia Crime Information Center or the Federal Bureau of Investigation shall be paid by the local unit of administration or by the individual seeking employment or making application to the Professional Standards Commission.

(e) At the discretion of local units of administration, fees required for a criminal record check by the Georgia Crime Information Center or the Federal Bureau of Investigation shall be paid by the local unit of administration or by the individual seeking employment or making application to the Professional Standards Commission.

(f) The Professional Standards Commission is authorized to adopt rules and regulations necessary to carry out the provisions of this Code section.

(f) The Professional Standards Commission is authorized to adopt rules and regulations necessary to carry out the provisions of this Code section.
O.C.G.A. § 20-2-169 — GA Code / Title 20 / Chapter 2 / Section 20-2-169
Georgia Code Title 20. Education § 20-2-169
Status: in_force

The Department of Education is designated as the sole state agency to receive federal funds allotted to Georgia under acts of Congress appropriating federal funds for career, occupational, or technical education; provided, however, those funds appropriated for the operation and management of postsecondary technical, adult, and industrial programs shall be placed under the jurisdiction and control of the State Board of the Technical College System of Georgia; provided, further, a proportionate share of those federal funds appropriated for planning, evaluation, program improvement, and other administrative and discretionary purposes shall be placed under the jurisdiction and control of such board.
O.C.G.A. § 20-2-315 — GA Code / Title 20 / Chapter 2 / Section 20-2-315
Georgia Code Title 20. Education § 20-2-315
Status: in_force

(a) No student shall, on the basis of gender, be excluded from participation in, be denied the benefits of, be treated differently from another student, or otherwise be discriminated against in any interscholastic or intramural athletics offered by a local school system, and no local school system shall provide any such athletics separately on such basis.

(a) No student shall, on the basis of gender, be excluded from participation in, be denied the benefits of, be treated differently from another student, or otherwise be discriminated against in any interscholastic or intramural athletics offered by a local school system, and no local school system shall provide any such athletics separately on such basis.

(b) Notwithstanding the requirements of subsection (a) of this Code section, a local school system may operate or sponsor separate teams for members of each gender where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where a local school system operates or sponsors a team in a particular sport for members of one gender but operates or sponsors no such team for members of the other gender, and athletic opportunities for members of that gender in that particular sport have previously been limited, members of the excluded gender must be allowed to try out for the team offered unless the sport involved is a contact sport. Nothing in this subsection shall be construed to limit the authority of a local school system to operate or sponsor a single team for a contact sport that includes members of both genders. As used in this subsection, the term “contact sport” includes boxing, wrestling, rugby, ice hockey, football, basketball, and any other sport the purpose or major activity of which involves bodily contact.

(b) Notwithstanding the requirements of subsection (a) of this Code section, a local school system may operate or sponsor separate teams for members of each gender where selection for such teams is based upon competitive skill or the activity involved is a contact sport. However, where a local school system operates or sponsors a team in a particular sport for members of one gender but operates or sponsors no such team for members of the other gender, and athletic opportunities for members of that gender in that particular sport have previously been limited, members of the excluded gender must be allowed to try out for the team offered unless the sport involved is a contact sport. Nothing in this subsection shall be construed to limit the authority of a local school system to operate or sponsor a single team for a contact sport that includes members of both genders. As used in this subsection, the term “contact sport” includes boxing, wrestling, rugby, ice hockey, football, basketball, and any other sport the purpose or major activity of which involves bodily contact.

(c) A local school system which operates or sponsors interscholastic or intramural athletics shall undertake all reasonable efforts to provide equal athletic opportunity for members of both genders. In determining whether equal opportunities are available the following factors shall be considered: (1) Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both genders; (2) The provision of equipment and supplies; (3) Scheduling of games and practice time; (4) Travel allowance; (5) Opportunity to receive coaching and academic tutoring; (6) Assignment and compensation of coaches and tutors; (7) Provision of locker rooms and practice and competitive facilities; (8) Provision of medical and training facilities and services; and (9) Publicity. Unequal aggregate expenditures for members of each gender or unequal expenditures for male and female teams if a local school system operates or sponsors separate teams will not constitute noncompliance with this subsection, but the failure to provide essential funds for the basic operations of teams for one gender may be considered in assessing equality of opportunity for members of each gender. Nothing in Code Section 20-2-411 shall be construed to limit the authority of a local school system to expend school tax funds as authorized by Article VIII, Section VI, Paragraph I(b) of the Constitution in order to comply with the requirements of this Code section.

(c) A local school system which operates or sponsors interscholastic or intramural athletics shall undertake all reasonable efforts to provide equal athletic opportunity for members of both genders. In determining whether equal opportunities are available the following factors shall be considered:

(1) Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both genders;

(1) Whether the selection of sports and levels of competition effectively accommodate the interests and abilities of members of both genders;

(2) The provision of equipment and supplies;

(2) The provision of equipment and supplies;

(3) Scheduling of games and practice time;

(3) Scheduling of games and practice time;

(4) Travel allowance;

(4) Travel allowance;

(5) Opportunity to receive coaching and academic tutoring;

(5) Opportunity to receive coaching and academic tutoring;

(6) Assignment and compensation of coaches and tutors;

(6) Assignment and compensation of coaches and tutors;

(7) Provision of locker rooms and practice and competitive facilities;

(7) Provision of locker rooms and practice and competitive facilities;

(8) Provision of medical and training facilities and services; and

(8) Provision of medical and training facilities and services; and

(9) Publicity.

(9) Publicity.

Unequal aggregate expenditures for members of each gender or unequal expenditures for male and female teams if a local school system operates or sponsors separate teams will not constitute noncompliance with this subsection, but the failure to provide essential funds for the basic operations of teams for one gender may be considered in assessing equality of opportunity for members of each gender. Nothing in Code Section 20-2-411 shall be construed to limit the authority of a local school system to expend school tax funds as authorized by Article VIII, Section VI, Paragraph I(b) of the Constitution in order to comply with the requirements of this Code section.

(d) A local school system may provide separate toilet, locker room, and shower facilities on the basis of gender, but such facilities shall be comparable to such facilities provided for students of the other gender.

(d) A local school system may provide separate toilet, locker room, and shower facilities on the basis of gender, but such facilities shall be comparable to such facilities provided for students of the other gender.

(e) This Code section does not prohibit the grouping of students in physical education classes by gender.

(e) This Code section does not prohibit the grouping of students in physical education classes by gender.

(f)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school system sponsors an athletic activity or sport at a particular school that is similar to a sport for which an institution in the University System of Georgia offers an athletic scholarship, it must sponsor the athletic activity or sport for which a scholarship is offered at that school. This paragraph does not affect academic requirements for participation nor prevent the local school system from sponsoring activities in addition to those for which scholarships are provided. (2) Two athletic activities or sports that are similar may be offered simultaneously. (3) If a local school system demonstrates by a bona fide survey of eligible students at the school, which is approved by the Department of Education for compliance with generally accepted opinion survey principles regarding neutral wording and other matters, that there is insufficient interest among students at the school to field a team described in paragraph (1) of this subsection, then the local school system shall not be required to sponsor such athletic activity or sport at that school. The exemption provided for by this paragraph shall be valid for 24 months following the date when the most recent bona fide student survey demonstrating a lack of student interest was completed, unless a new bona fide student survey is conducted within the 24 month period that demonstrates sufficient interest to field a team. If such a new bona fide student survey demonstrates such sufficient interest, then the local school system must comply with paragraph (1) of this subsection during the local school system's next fiscal year and until such time as a new bona fide student survey demonstrates insufficient interest to field a team described in paragraph (1) of this subsection. A local school system shall conduct the bona fide student survey described in this paragraph regarding interest in a team described in paragraph (1) of this subsection upon the request of nine students at the school, but no more frequently than once every 12 months. (4) Nothing in this subsection shall be construed to preclude the application of generally applicable policies or rules regarding the cancellation of an athletic activity or sport due to lack of student participation in scheduled practices or contests.

(f)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school system sponsors an athletic activity or sport at a particular school that is similar to a sport for which an institution in the University System of Georgia offers an athletic scholarship, it must sponsor the athletic activity or sport for which a scholarship is offered at that school. This paragraph does not affect academic requirements for participation nor prevent the local school system from sponsoring activities in addition to those for which scholarships are provided.

(f)(1) Subject to the provisions of paragraph (3) of this subsection, if a local school system sponsors an athletic activity or sport at a particular school that is similar to a sport for which an institution in the University System of Georgia offers an athletic scholarship, it must sponsor the athletic activity or sport for which a scholarship is offered at that school. This paragraph does not affect academic requirements for participation nor prevent the local school system from sponsoring activities in addition to those for which scholarships are provided.

(2) Two athletic activities or sports that are similar may be offered simultaneously.

(2) Two athletic activities or sports that are similar may be offered simultaneously.

(3) If a local school system demonstrates by a bona fide survey of eligible students at the school, which is approved by the Department of Education for compliance with generally accepted opinion survey principles regarding neutral wording and other matters, that there is insufficient interest among students at the school to field a team described in paragraph (1) of this subsection, then the local school system shall not be required to sponsor such athletic activity or sport at that school. The exemption provided for by this paragraph shall be valid for 24 months following the date when the most recent bona fide student survey demonstrating a lack of student interest was completed, unless a new bona fide student survey is conducted within the 24 month period that demonstrates sufficient interest to field a team. If such a new bona fide student survey demonstrates such sufficient interest, then the local school system must comply with paragraph (1) of this subsection during the local school system's next fiscal year and until such time as a new bona fide student survey demonstrates insufficient interest to field a team described in paragraph (1) of this subsection. A local school system shall conduct the bona fide student survey described in this paragraph regarding interest in a team described in paragraph (1) of this subsection upon the request of nine students at the school, but no more frequently than once every 12 months.

(3) If a local school system demonstrates by a bona fide survey of eligible students at the school, which is approved by the Department of Education for compliance with generally accepted opinion survey principles regarding neutral wording and other matters, that there is insufficient interest among students at the school to field a team described in paragraph (1) of this subsection, then the local school system shall not be required to sponsor such athletic activity or sport at that school. The exemption provided for by this paragraph shall be valid for 24 months following the date when the most recent bona fide student survey demonstrating a lack of student interest was completed, unless a new bona fide student survey is conducted within the 24 month period that demonstrates sufficient interest to field a team. If such a new bona fide student survey demonstrates such sufficient interest, then the local school system must comply with paragraph (1) of this subsection during the local school system's next fiscal year and until such time as a new bona fide student survey demonstrates insufficient interest to field a team described in paragraph (1) of this subsection. A local school system shall conduct the bona fide student survey described in this paragraph regarding interest in a team described in paragraph (1) of this subsection upon the request of nine students at the school, but no more frequently than once every 12 months.

(4) Nothing in this subsection shall be construed to preclude the application of generally applicable policies or rules regarding the cancellation of an athletic activity or sport due to lack of student participation in scheduled practices or contests.

(4) Nothing in this subsection shall be construed to preclude the application of generally applicable policies or rules regarding the cancellation of an athletic activity or sport due to lack of student participation in scheduled practices or contests.

(g) Each local school system shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this Code section, including the investigation of any complaint communicated to such local school system alleging its noncompliance with this Code section. The employee designated under this subsection may be the same person required to be designated under 34 C.F.R. Section 106.8 . The local school system annually shall notify all its students of the name, office address, and office telephone number of the employee or employees appointed pursuant to this subsection. Such notification may be included in a student handbook distributed pursuant to Code Section 20-2-736 .

(g) Each local school system shall designate at least one employee to coordinate its efforts to comply with and carry out its responsibilities under this Code section, including the investigation of any complaint communicated to such local school system alleging its noncompliance with this Code section. The employee designated under this subsection may be the same person required to be designated under 34 C.F.R. Section 106.8 . The local school system annually shall notify all its students of the name, office address, and office telephone number of the employee or employees appointed pursuant to this subsection. Such notification may be included in a student handbook distributed pursuant to Code Section 20-2-736 .

(h) Each local school system shall adopt and publish grievance procedures providing for prompt and equitable resolution of written student complaints, including complaints brought by a parent or guardian on behalf of his or her minor child who is a student, alleging any action which would be a violation of this Code section. Such procedures shall require that: (1) The employee designated under subsection (g) of this Code section shall render his or her decision in writing no later than 30 days after receipt of the complaint, and such decision shall set forth the essential facts and rationale for the decision; (2) A copy of such decision shall be provided to the complainant within five days of the date of the decision; and (3) A complainant shall have a right to appeal such decision to the local board within 35 days of the date of the decision.

(h) Each local school system shall adopt and publish grievance procedures providing for prompt and equitable resolution of written student complaints, including complaints brought by a parent or guardian on behalf of his or her minor child who is a student, alleging any action which would be a violation of this Code section. Such procedures shall require that:

(1) The employee designated under subsection (g) of this Code section shall render his or her decision in writing no later than 30 days after receipt of the complaint, and such decision shall set forth the essential facts and rationale for the decision;

(1) The employee designated under subsection (g) of this Code section shall render his or her decision in writing no later than 30 days after receipt of the complaint, and such decision shall set forth the essential facts and rationale for the decision;

(2) A copy of such decision shall be provided to the complainant within five days of the date of the decision; and

(2) A copy of such decision shall be provided to the complainant within five days of the date of the decision; and

(3) A complainant shall have a right to appeal such decision to the local board within 35 days of the date of the decision.

(3) A complainant shall have a right to appeal such decision to the local board within 35 days of the date of the decision.

(i)(1) A complainant may appeal a decision of a local board that is rendered under subsection (h) of this Code section in accordance with the procedures specified in Code Section 20-2-1160 . If the State Board of Education determines that a local school system has failed to comply with this Code section, then the state board shall provide the local school system with opportunities to prepare a corrective plan. If the state board determines that a corrective plan of the local school system adequately plans and provides for future compliance with this Code section, then the state board shall approve the plan and direct the local school system to implement such plan. (2) If, upon a complaint filed pursuant to subsection (h) of this Code section after one year following the date of a state board order directing implementation of a corrective plan pursuant to paragraph (1) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement the corrective plan approved in the earlier proceeding and of any other corrective plan that may be submitted by the local school system, transmit a certification of such determination to the Department of Community Affairs. If the state board's determination of noncompliance is later reversed or vacated upon appeal, the state board shall immediately notify the Department of Community Affairs of such action. (3) If, upon a complaint filed pursuant to subsection (h) of this Code section after one year following the date of a state board certification to the Department of Community Affairs pursuant to paragraph (2) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement a corrective plan approved in an earlier proceeding and of any other corrective plan that may be submitted by the local school system, order that a team or teams within the local school system or school within the local school system shall not participate in interscholastic postseason athletic contests and that participation in violation of such an order may result in withholding of state funds allotted pursuant to Code Section 20-2-186 . An order of the state board barring participation in interscholastic postseason athletic contests shall be made and announced before the beginning of a school year. (4) If, upon a complaint filed pursuant to subsection (h) of this Code section after one year following the date of a state board order prohibiting participation in interscholastic postseason athletic contests pursuant to paragraph (3) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement a corrective plan approved in an earlier proceeding and of any other corrective plan that may be submitted by the local school system, withhold state funds that are allotted pursuant to Code Section 20-2-186 in an amount that the state board determines is sufficient to secure the local school system's compliance with this Code section. In the event that state funds are withheld pursuant to this paragraph, such funds shall later be allotted to the local school system at such time as the state board determines that the local school system is in compliance with this Code section.

(i)(1) A complainant may appeal a decision of a local board that is rendered under subsection (h) of this Code section in accordance with the procedures specified in Code Section 20-2-1160 . If the State Board of Education determines that a local school system has failed to comply with this Code section, then the state board shall provide the local school system with opportunities to prepare a corrective plan. If the state board determines that a corrective plan of the local school system adequately plans and provides for future compliance with this Code section, then the state board shall approve the plan and direct the local school system to implement such plan.

(i)(1) A complainant may appeal a decision of a local board that is rendered under subsection (h) of this Code section in accordance with the procedures specified in Code Section 20-2-1160 . If the State Board of Education determines that a local school system has failed to comply with this Code section, then the state board shall provide the local school system with opportunities to prepare a corrective plan. If the state board determines that a corrective plan of the local school system adequately plans and provides for future compliance with this Code section, then the state board shall approve the plan and direct the local school system to implement such plan.

(2) If, upon a complaint filed pursuant to subsection (h) of this Code section after one year following the date of a state board order directing implementation of a corrective plan pursuant to paragraph (1) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement the corrective plan approved in the earlier proceeding and of any other corrective plan that may be submitted by the local school system, transmit a certification of such determination to the Department of Community Affairs. If the state board's determination of noncompliance is later reversed or vacated upon appeal, the state board shall immediately notify the Department of Community Affairs of such action.

(2) If, upon a complaint filed pursuant to subsection (h) of this Code section after one year following the date of a state board order directing implementation of a corrective plan pursuant to paragraph (1) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement the corrective plan approved in the earlier proceeding and of any other corrective plan that may be submitted by the local school system, transmit a certification of such determination to the Department of Community Affairs. If the state board's determination of noncompliance is later reversed or vacated upon appeal, the state board shall immediately notify the Department of Community Affairs of such action.

(3) If, upon a complaint filed pursuant to subsection (h) of this Code section after one year following the date of a state board certification to the Department of Community Affairs pursuant to paragraph (2) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement a corrective plan approved in an earlier proceeding and of any other corrective plan that may be submitted by the local school system, order that a team or teams within the local school system or school within the local school system shall not participate in interscholastic postseason athletic contests and that participation in violation of such an order may result in withholding of state funds allotted pursuant to Code Section 20-2-186 . An order of the state board barring participation in interscholastic postseason athletic contests shall be made and announced before the beginning of a school year.

(3) If, upon a complaint filed pursuant to subsection (h) of this Code section after one year following the date of a state board certification to the Department of Community Affairs pursuant to paragraph (2) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement a corrective plan approved in an earlier proceeding and of any other corrective plan that may be submitted by the local school system, order that a team or teams within the local school system or school within the local school system shall not participate in interscholastic postseason athletic contests and that participation in violation of such an order may result in withholding of state funds allotted pursuant to Code Section 20-2-186 . An order of the state board barring participation in interscholastic postseason athletic contests shall be made and announced before the beginning of a school year.

(4) If, upon a complaint filed pursuant to subsection (h) of this Code section after one year following the date of a state board order prohibiting participation in interscholastic postseason athletic contests pursuant to paragraph (3) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement a corrective plan approved in an earlier proceeding and of any other corrective plan that may be submitted by the local school system, withhold state funds that are allotted pursuant to Code Section 20-2-186 in an amount that the state board determines is sufficient to secure the local school system's compliance with this Code section. In the event that state funds are withheld pursuant to this paragraph, such funds shall later be allotted to the local school system at such time as the state board determines that the local school system is in compliance with this Code section.

(4) If, upon a complaint filed pursuant to subsection (h) of this Code section after one year following the date of a state board order prohibiting participation in interscholastic postseason athletic contests pursuant to paragraph (3) of this subsection but within four years of the date of such order, the state board determines that the local school system which was subject to such order has willfully failed to comply with this Code section, the state board may, after consideration of the local school system's efforts to implement a corrective plan approved in an earlier proceeding and of any other corrective plan that may be submitted by the local school system, withhold state funds that are allotted pursuant to Code Section 20-2-186 in an amount that the state board determines is sufficient to secure the local school system's compliance with this Code section. In the event that state funds are withheld pursuant to this paragraph, such funds shall later be allotted to the local school system at such time as the state board determines that the local school system is in compliance with this Code section.

(j) The Department of Education may publish an annual report of local school systems to include information regarding expenditures and participation rates for each gender and such other information as the state board and department deem relevant.

(j) The Department of Education may publish an annual report of local school systems to include information regarding expenditures and participation rates for each gender and such other information as the state board and department deem relevant.
O.C.G.A. § 20-2-942 — GA Code / Title 20 / Chapter 2 / Section 20-2-942
Georgia Code Title 20. Education § 20-2-942
Status: in_force

(a) As used in this Code section, the term: (1) “Local board of education” or “local board” means a county or independent board of education, a board of education of an area school system, or any agent with the authority to act on behalf of any such board. (1.1) “School administrator” means any professional school employee certificated by the Professional Standards Commission who is required to hold a leadership certificate and is assigned to a leadership position pursuant to rules of the State Board of Education, Department of Education, Professional Standards Commission, or requirements of local policy or job description. (2) “ School year ” means a period of at least 180 school days, or the equivalent thereof as determined in accordance with State Board of Education guidelines, beginning in or about September and ending in or about June. (3) “School year contract” means a contract of full-time employment between a teacher and a local board of education covering a full school year. A contract of employment for a portion of a school year shall not be counted as a school year contract, nor shall contracts of employment for portions of a school year be cumulated and treated as a school year contract. A contract of employment for any time outside a school year shall not be counted as a school year contract, nor shall contracts of employment for time outside a school year be cumulated and treated as a school year contract. A school year contract is deemed included within a contract of full-time employment between a teacher and a local board of education covering a full calendar or fiscal year. (4) “Teacher” means any professional school employee certificated by the Professional Standards Commission, but not including school administrators.

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

(1) “Local board of education” or “local board” means a county or independent board of education, a board of education of an area school system, or any agent with the authority to act on behalf of any such board.

(1) “Local board of education” or “local board” means a county or independent board of education, a board of education of an area school system, or any agent with the authority to act on behalf of any such board.

(1.1) “School administrator” means any professional school employee certificated by the Professional Standards Commission who is required to hold a leadership certificate and is assigned to a leadership position pursuant to rules of the State Board of Education, Department of Education, Professional Standards Commission, or requirements of local policy or job description.

(1.1) “School administrator” means any professional school employee certificated by the Professional Standards Commission who is required to hold a leadership certificate and is assigned to a leadership position pursuant to rules of the State Board of Education, Department of Education, Professional Standards Commission, or requirements of local policy or job description.

(2) “ School year ” means a period of at least 180 school days, or the equivalent thereof as determined in accordance with State Board of Education guidelines, beginning in or about September and ending in or about June.

(2) “ School year ” means a period of at least 180 school days, or the equivalent thereof as determined in accordance with State Board of Education guidelines, beginning in or about September and ending in or about June.

(3) “School year contract” means a contract of full-time employment between a teacher and a local board of education covering a full school year. A contract of employment for a portion of a school year shall not be counted as a school year contract, nor shall contracts of employment for portions of a school year be cumulated and treated as a school year contract. A contract of employment for any time outside a school year shall not be counted as a school year contract, nor shall contracts of employment for time outside a school year be cumulated and treated as a school year contract. A school year contract is deemed included within a contract of full-time employment between a teacher and a local board of education covering a full calendar or fiscal year.

(3) “School year contract” means a contract of full-time employment between a teacher and a local board of education covering a full school year. A contract of employment for a portion of a school year shall not be counted as a school year contract, nor shall contracts of employment for portions of a school year be cumulated and treated as a school year contract. A contract of employment for any time outside a school year shall not be counted as a school year contract, nor shall contracts of employment for time outside a school year be cumulated and treated as a school year contract. A school year contract is deemed included within a contract of full-time employment between a teacher and a local board of education covering a full calendar or fiscal year.

(4) “Teacher” means any professional school employee certificated by the Professional Standards Commission, but not including school administrators.

(4) “Teacher” means any professional school employee certificated by the Professional Standards Commission, but not including school administrators.

(b)(1) A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Code Section 20-2-940 . (2) In order to demote or fail to renew the contract of a teacher who accepts a school year contract for the fourth or subsequent consecutive school year from the same local board of education, the teacher must be given written notice of the intention to demote or not renew the contract of the teacher. Such notice shall be given by certified mail or statutory overnight delivery as provided in subsection (c) of Code Section 20-2-940 . Such notice shall contain a conspicuous statement in substantially the following form: You have the right to certain procedural safeguards before you can be demoted or dismissed. These safeguards include the right to notice of the reasons for the action against you and the right to a hearing. If you desire these rights you must send to the school superintendent by certified mail or statutory overnight delivery a statement that you wish to have a hearing; and such statement must be mailed to the school superintendent within 20 days after this notice was mailed to you. Your rights are governed by subsection (b) of Code Section 20-2-211 , Code Section 20-2-940 , and Code Sections 20-2-942 through 20-2-947 , and a copy of this law is enclosed. A copy of subsection (b) of Code Section 20-2-211 , Code Section 20-2-940 , this Code section, and Code Sections 20-2-943 through 20-2-947 shall be enclosed with the notice. A teacher who is so notified that he or she is to be demoted or that his or her contract will not be renewed has the right to the procedures set forth in subsections (b) through (f) of Code Section 20-2-940 before the intended action is taken. A teacher who has the right to these procedures must serve written notice on the superintendent of the local board employing the teacher within 20 days of the day the notice of the intended action is served that he or she requests a hearing. In order to be effective, such written notice that the teacher requests implementation of such procedures must be served by certified mail or statutory overnight delivery as provided in subsection (c) of Code Section 20-2-940 . Within 14 days of service of the request to implement the procedures, the local board must furnish the teacher a notice that complies with the requirements of subsection (b) of Code Section 20-2-940 . (3) A teacher is deemed to have accepted a fourth consecutive school year contract if, while the teacher is serving under the third consecutive school year contract, the local board does not serve notice on the teacher by May 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by June 1 of the third consecutive school year that he or she does not accept the fourth consecutive school year contract. (4) A teacher who has satisfied the conditions set forth in paragraph (1) of this subsection who is subsequently employed by another local board of education and who accepts a second consecutive school year contract from the local board at which the teacher is subsequently employed may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Code Section 20-2-940 . The provisions set forth in paragraph (2) of this subsection shall likewise apply to such a teacher. (5) A teacher is deemed to have accepted a second consecutive school year contract if, while the teacher is serving under the first school year contract, the local board does not serve notice on the teacher by May 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by June 1 of the first school year that he or she does not accept the second consecutive school year contract. (6) Local boards shall make contract offers available to teachers for a minimum ten-day review period. A teacher accepts the contract by signing and returning it any time during the ten-day period. (7)(A) Professional certificated personnel employed by a county or independent local school system that becomes consolidated with or merged into another county or independent local school system as provided in Article 8 of this chapter or otherwise shall retain their employment, except as provided in subparagraph (B) of this paragraph, in the newly created, or surviving, school system. Such professional certificated personnel shall retain and carry over all the rights already accrued and earned in the professional certificated personnel's prior school system and as set forth in this paragraph. (B) Any reductions in staff due to loss of students or cancellation of programs in the newly created, or surviving, school system necessitated by the consolidation or merger shall be made first in preference of retaining professional certificated personnel on the basis of uniformly applied criteria set forth in local school board policies of the newly created, or surviving, school system.

(b)(1) A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Code Section 20-2-940 .

(b)(1) A teacher who accepts a school year contract for the fourth consecutive school year from the same local board of education may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Code Section 20-2-940 .

(2) In order to demote or fail to renew the contract of a teacher who accepts a school year contract for the fourth or subsequent consecutive school year from the same local board of education, the teacher must be given written notice of the intention to demote or not renew the contract of the teacher. Such notice shall be given by certified mail or statutory overnight delivery as provided in subsection (c) of Code Section 20-2-940 . Such notice shall contain a conspicuous statement in substantially the following form: You have the right to certain procedural safeguards before you can be demoted or dismissed. These safeguards include the right to notice of the reasons for the action against you and the right to a hearing. If you desire these rights you must send to the school superintendent by certified mail or statutory overnight delivery a statement that you wish to have a hearing; and such statement must be mailed to the school superintendent within 20 days after this notice was mailed to you. Your rights are governed by subsection (b) of Code Section 20-2-211 , Code Section 20-2-940 , and Code Sections 20-2-942 through 20-2-947 , and a copy of this law is enclosed.

(2) In order to demote or fail to renew the contract of a teacher who accepts a school year contract for the fourth or subsequent consecutive school year from the same local board of education, the teacher must be given written notice of the intention to demote or not renew the contract of the teacher. Such notice shall be given by certified mail or statutory overnight delivery as provided in subsection (c) of Code Section 20-2-940 . Such notice shall contain a conspicuous statement in substantially the following form:

You have the right to certain procedural safeguards before you can be demoted or dismissed. These safeguards include the right to notice of the reasons for the action against you and the right to a hearing. If you desire these rights you must send to the school superintendent by certified mail or statutory overnight delivery a statement that you wish to have a hearing; and such statement must be mailed to the school superintendent within 20 days after this notice was mailed to you. Your rights are governed by subsection (b) of Code Section 20-2-211 , Code Section 20-2-940 , and Code Sections 20-2-942 through 20-2-947 , and a copy of this law is enclosed.

A copy of subsection (b) of Code Section 20-2-211 , Code Section 20-2-940 , this Code section, and Code Sections 20-2-943 through 20-2-947 shall be enclosed with the notice. A teacher who is so notified that he or she is to be demoted or that his or her contract will not be renewed has the right to the procedures set forth in subsections (b) through (f) of Code Section 20-2-940 before the intended action is taken. A teacher who has the right to these procedures must serve written notice on the superintendent of the local board employing the teacher within 20 days of the day the notice of the intended action is served that he or she requests a hearing. In order to be effective, such written notice that the teacher requests implementation of such procedures must be served by certified mail or statutory overnight delivery as provided in subsection (c) of Code Section 20-2-940 . Within 14 days of service of the request to implement the procedures, the local board must furnish the teacher a notice that complies with the requirements of subsection (b) of Code Section 20-2-940 .

(3) A teacher is deemed to have accepted a fourth consecutive school year contract if, while the teacher is serving under the third consecutive school year contract, the local board does not serve notice on the teacher by May 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by June 1 of the third consecutive school year that he or she does not accept the fourth consecutive school year contract.

(3) A teacher is deemed to have accepted a fourth consecutive school year contract if, while the teacher is serving under the third consecutive school year contract, the local board does not serve notice on the teacher by May 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by June 1 of the third consecutive school year that he or she does not accept the fourth consecutive school year contract.

(4) A teacher who has satisfied the conditions set forth in paragraph (1) of this subsection who is subsequently employed by another local board of education and who accepts a second consecutive school year contract from the local board at which the teacher is subsequently employed may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Code Section 20-2-940 . The provisions set forth in paragraph (2) of this subsection shall likewise apply to such a teacher.

(4) A teacher who has satisfied the conditions set forth in paragraph (1) of this subsection who is subsequently employed by another local board of education and who accepts a second consecutive school year contract from the local board at which the teacher is subsequently employed may be demoted or the teacher's contract may not be renewed only for those reasons set forth in subsection (a) of Code Section 20-2-940 . The provisions set forth in paragraph (2) of this subsection shall likewise apply to such a teacher.

(5) A teacher is deemed to have accepted a second consecutive school year contract if, while the teacher is serving under the first school year contract, the local board does not serve notice on the teacher by May 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by June 1 of the first school year that he or she does not accept the second consecutive school year contract.

(5) A teacher is deemed to have accepted a second consecutive school year contract if, while the teacher is serving under the first school year contract, the local board does not serve notice on the teacher by May 15 that it intends not to renew the teacher's contract for the ensuing school year, and the teacher does not serve notice in writing on the local board of education by June 1 of the first school year that he or she does not accept the second consecutive school year contract.

(6) Local boards shall make contract offers available to teachers for a minimum ten-day review period. A teacher accepts the contract by signing and returning it any time during the ten-day period.

(6) Local boards shall make contract offers available to teachers for a minimum ten-day review period. A teacher accepts the contract by signing and returning it any time during the ten-day period.

(7)(A) Professional certificated personnel employed by a county or independent local school system that becomes consolidated with or merged into another county or independent local school system as provided in Article 8 of this chapter or otherwise shall retain their employment, except as provided in subparagraph (B) of this paragraph, in the newly created, or surviving, school system. Such professional certificated personnel shall retain and carry over all the rights already accrued and earned in the professional certificated personnel's prior school system and as set forth in this paragraph. (B) Any reductions in staff due to loss of students or cancellation of programs in the newly created, or surviving, school system necessitated by the consolidation or merger shall be made first in preference of retaining professional certificated personnel on the basis of uniformly applied criteria set forth in local school board policies of the newly created, or surviving, school system.

(7)(A) Professional certificated personnel employed by a county or independent local school system that becomes consolidated with or merged into another county or independent local school system as provided in Article 8 of this chapter or otherwise shall retain their employment, except as provided in subparagraph (B) of this paragraph, in the newly created, or surviving, school system. Such professional certificated personnel shall retain and carry over all the rights already accrued and earned in the professional certificated personnel's prior school system and as set forth in this paragraph.

(7)(A) Professional certificated personnel employed by a county or independent local school system that becomes consolidated with or merged into another county or independent local school system as provided in Article 8 of this chapter or otherwise shall retain their employment, except as provided in subparagraph (B) of this paragraph, in the newly created, or surviving, school system. Such professional certificated personnel shall retain and carry over all the rights already accrued and earned in the professional certificated personnel's prior school system and as set forth in this paragraph.

(B) Any reductions in staff due to loss of students or cancellation of programs in the newly created, or surviving, school system necessitated by the consolidation or merger shall be made first in preference of retaining professional certificated personnel on the basis of uniformly applied criteria set forth in local school board policies of the newly created, or surviving, school system.

(B) Any reductions in staff due to loss of students or cancellation of programs in the newly created, or surviving, school system necessitated by the consolidation or merger shall be made first in preference of retaining professional certificated personnel on the basis of uniformly applied criteria set forth in local school board policies of the newly created, or surviving, school system.

(c)(1) A person who first becomes a school administrator on or after April 7, 1995, shall not acquire any rights under this Code section to continued employment with respect to any position of school administrator. A school administrator who had acquired any rights to continued employment under this Code section prior to April 7, 1995, shall retain such rights: (A) In that administrative position which such administrator held immediately prior to such date; and (B) In any other administrative position to which such administrator has been involuntarily transferred or assigned, and only in such positions shall such administrator be deemed to be a teacher for the purpose of retaining those rights to continued employment in such administrative positions. (2) A teacher who had acquired any rights to continued employment under this Code section prior to April 7, 1995, and who is or becomes a school administrator without any break in employment with the local board for which the person had been a teacher shall retain those rights under this Code section to continued employment in the position as teacher with such local board. (2.1) A local board of education may enter into an employment contract with a school administrator for a term not to exceed three years. During the term of any such contract, that school administrator may not be demoted except as provided in the other subsections of this Code section and may not be terminated or suspended except as provided in Code Section 20-2-940 , but the school administrator shall have no right to renewal of such contract. The rights provided under such contracts by this paragraph shall be in addition to any rights which a school administrator may otherwise have under the other provisions of this subsection. (3) Nothing in this subsection shall affect positions which, prior to April 7, 1995, had no rights to continued employment under this Code section, including coach, athletic director, finance officer, comptroller, business manager, nurse, department head or chairperson, and similar positions. Nothing in this subsection shall impair the rights of teachers or school administrators with respect to their employment under annual contracts, including but not limited to those rights under Code Section 20-2-940 . (4) Notwithstanding the other provisions of this subsection, a local board of education may, as part of its personnel policies, adopt or modify a tenure policy which may include the same policies and procedures for the nonrenewal of contracts for any class or category of school administrators that exist for the nonrenewal of contracts for teachers as set forth in this Code section. Before any adoption or modification of a tenure policy, the local board shall hold a public hearing after at least 30 days' notice published in the local legal organ.

(c)(1) A person who first becomes a school administrator on or after April 7, 1995, shall not acquire any rights under this Code section to continued employment with respect to any position of school administrator. A school administrator who had acquired any rights to continued employment under this Code section prior to April 7, 1995, shall retain such rights: (A) In that administrative position which such administrator held immediately prior to such date; and (B) In any other administrative position to which such administrator has been involuntarily transferred or assigned,

(c)(1) A person who first becomes a school administrator on or after April 7, 1995, shall not acquire any rights under this Code section to continued employment with respect to any position of school administrator. A school administrator who had acquired any rights to continued employment under this Code section prior to April 7, 1995, shall retain such rights:

(A) In that administrative position which such administrator held immediately prior to such date; and

(A) In that administrative position which such administrator held immediately prior to such date; and

(B) In any other administrative position to which such administrator has been involuntarily transferred or assigned,

(B) In any other administrative position to which such administrator has been involuntarily transferred or assigned,

and only in such positions shall such administrator be deemed to be a teacher for the purpose of retaining those rights to continued employment in such administrative positions.

(2) A teacher who had acquired any rights to continued employment under this Code section prior to April 7, 1995, and who is or becomes a school administrator without any break in employment with the local board for which the person had been a teacher shall retain those rights under this Code section to continued employment in the position as teacher with such local board.

(2) A teacher who had acquired any rights to continued employment under this Code section prior to April 7, 1995, and who is or becomes a school administrator without any break in employment with the local board for which the person had been a teacher shall retain those rights under this Code section to continued employment in the position as teacher with such local board.

(2.1) A local board of education may enter into an employment contract with a school administrator for a term not to exceed three years. During the term of any such contract, that school administrator may not be demoted except as provided in the other subsections of this Code section and may not be terminated or suspended except as provided in Code Section 20-2-940 , but the school administrator shall have no right to renewal of such contract. The rights provided under such contracts by this paragraph shall be in addition to any rights which a school administrator may otherwise have under the other provisions of this subsection.

(2.1) A local board of education may enter into an employment contract with a school administrator for a term not to exceed three years. During the term of any such contract, that school administrator may not be demoted except as provided in the other subsections of this Code section and may not be terminated or suspended except as provided in Code Section 20-2-940 , but the school administrator shall have no right to renewal of such contract. The rights provided under such contracts by this paragraph shall be in addition to any rights which a school administrator may otherwise have under the other provisions of this subsection.

(3) Nothing in this subsection shall affect positions which, prior to April 7, 1995, had no rights to continued employment under this Code section, including coach, athletic director, finance officer, comptroller, business manager, nurse, department head or chairperson, and similar positions. Nothing in this subsection shall impair the rights of teachers or school administrators with respect to their employment under annual contracts, including but not limited to those rights under Code Section 20-2-940 .

(3) Nothing in this subsection shall affect positions which, prior to April 7, 1995, had no rights to continued employment under this Code section, including coach, athletic director, finance officer, comptroller, business manager, nurse, department head or chairperson, and similar positions. Nothing in this subsection shall impair the rights of teachers or school administrators with respect to their employment under annual contracts, including but not limited to those rights under Code Section 20-2-940 .

(4) Notwithstanding the other provisions of this subsection, a local board of education may, as part of its personnel policies, adopt or modify a tenure policy which may include the same policies and procedures for the nonrenewal of contracts for any class or category of school administrators that exist for the nonrenewal of contracts for teachers as set forth in this Code section. Before any adoption or modification of a tenure policy, the local board shall hold a public hearing after at least 30 days' notice published in the local legal organ.

(4) Notwithstanding the other provisions of this subsection, a local board of education may, as part of its personnel policies, adopt or modify a tenure policy which may include the same policies and procedures for the nonrenewal of contracts for any class or category of school administrators that exist for the nonrenewal of contracts for teachers as set forth in this Code section. Before any adoption or modification of a tenure policy, the local board shall hold a public hearing after at least 30 days' notice published in the local legal organ.

(d) A person who first became a teacher on or after July 1, 2000, shall acquire rights under this Code section to continued employment as a teacher. A teacher who had acquired any rights to continued employment under this Code section prior to July 1, 2000, shall retain such rights.

(d) A person who first became a teacher on or after July 1, 2000, shall acquire rights under this Code section to continued employment as a teacher. A teacher who had acquired any rights to continued employment under this Code section prior to July 1, 2000, shall retain such rights.
O.C.G.A. § 20-2-216 — GA Code / Title 20 / Chapter 2 / Section 20-2-216
Georgia Code Title 20. Education § 20-2-216
Status: in_force

As a condition for receiving funds under this article, it shall be the duty of each local unit of administration to employ and to utilize the services of substitutes for teachers who are absent. It shall be the duty of the local unit of administration to employ substitutes, including retired teachers in accordance with Code Section 47-3-127 , who possess valid teaching certificates issued by the Professional Standards Commission. If no person holding a valid teaching certificate is available for this purpose, the local unit of administration is authorized to employ the person who most closely meets the requirements for certification as a teacher and who is available to serve as a substitute, provided such person is closely supervised by the school principal or principal's designee. It shall be the duty of the commission to promulgate and adopt rules, regulations, and policies establishing classes or categories of persons, in order of descending priority, who most closely meet requirements for certification within this state. Nothing contained in this Code section shall prevent the local governing board or its executive officer from refusing to employ as a substitute teacher one who, in the discretion of the board, would be detrimental to the education of the students provided for by this article. For purposes of this Code section, certificated substitute teachers shall not be considered part-time personnel pursuant to Code Section 20-2-212 . Salaries for substitute teachers shall be set by the local boards of education.
O.C.G.A. § 20-2-186 — GA Code / Title 20 / Chapter 2 / Section 20-2-186
Georgia Code Title 20. Education § 20-2-186
Status: in_force

(a) Funds provided under this article shall include the following for local systems to pay, on a 12 month basis, the beginning salaries of superintendents, assistant superintendents, and principals and the salaries of secretaries, accountants, and nurses, subject to appropriation by the General Assembly: (1) Each local system shall earn, for any number of full-time equivalent students equal to or under 5,000, funds sufficient to pay the beginning salaries of a superintendent and two assistant superintendents and the salaries of a secretary and an accountant; and (2) For numbers of full-time equivalent students over 5,000 and less than 10,001, funds sufficient to pay the beginning salaries of a superintendent and four assistant superintendents and the salaries of a secretary and an accountant; and (3) For numbers of full-time equivalent students over 10,000, funds sufficient to pay the beginning salaries of a superintendent and eight assistant superintendents and the salaries of a secretary and an accountant; and (4) Each local system shall earn funds for the 2000-2001 school year sufficient to pay the beginning salary of a principal for each school in the local school system with a principal of record for the preceding year. Thereafter, each local school system shall earn funds sufficient to pay the beginning salary of a principal for each school in the local school system that reported a principal on the October certified personnel information report; provided, however, that any school which operates as a combination school, which is defined as any of the elementary grades, kindergarten through grade five, contiguous with one or more of the middle grades, grades six through eight; or as a combination school of any of the middle grades, grades six through eight, contiguous with one or more of the elementary grades or contiguous with one or more of the high school grades, grades nine through 12; or as a combination school of any of the high school grades, contiguous with one or more of the middle grades, shall earn funds sufficient to pay the beginning salary of a principal for each of the elementary, middle, or high school combinations. For purposes of this paragraph, “ contiguous ” means grade levels in sequence, regardless of whether schools operating as a combination school are on the same campus sharing facilities or at different locations. Beginning with the 2001-2002 school year, funds cannot be earned for more than one principal's salary for schools on the same campus sharing facilities unless the schools operate as a combination school as defined in this paragraph with separate facility codes issued by the Department of Education. A local school system shall earn funds in the midterm adjustment sufficient to pay the beginning salary of a principal for a new school, if not otherwise earning the funds, when the school has reported full-time equivalent program counts in the October count, has an approved new school facility code issued by the department, and has reported a principal on the October certified personnel information report under the new facility code. It is further provided that funds for the salary of a principal shall not be earned under this paragraph for an evening school or alternative school; and (5) Each local system shall earn funding for one nurse for every 750 full-time equivalent students at the elementary school level and one nurse for every 1,500 full-time equivalent students at the middle and high school levels. Such funding shall have a ratio of one registered professional nurse to five licensed practical nurses. Such funding shall be based on a contract length of 180 days and shall be sufficient to pay 50 percent of the average salary and benefits, as determined by the Department of Education, for a registered professional nurse or for a licensed practical nurse; provided, however, that such amount shall be phased in so that, in Fiscal Year 2013, such amount shall be 40 percent and, in Fiscal Year 2014, such amount shall be 45 percent. Local school systems shall not be required to provide any local matching funds for school nurses to receive funds pursuant to this paragraph. Local school systems that do not meet the minimum full-time equivalent student counts set out in this paragraph shall receive a base amount of funding. Each local school system shall expend 100 percent of the funds earned pursuant to this paragraph for salaries and benefits for school nurses.

(a) Funds provided under this article shall include the following for local systems to pay, on a 12 month basis, the beginning salaries of superintendents, assistant superintendents, and principals and the salaries of secretaries, accountants, and nurses, subject to appropriation by the General Assembly:

(1) Each local system shall earn, for any number of full-time equivalent students equal to or under 5,000, funds sufficient to pay the beginning salaries of a superintendent and two assistant superintendents and the salaries of a secretary and an accountant; and

(1) Each local system shall earn, for any number of full-time equivalent students equal to or under 5,000, funds sufficient to pay the beginning salaries of a superintendent and two assistant superintendents and the salaries of a secretary and an accountant; and

(2) For numbers of full-time equivalent students over 5,000 and less than 10,001, funds sufficient to pay the beginning salaries of a superintendent and four assistant superintendents and the salaries of a secretary and an accountant; and

(2) For numbers of full-time equivalent students over 5,000 and less than 10,001, funds sufficient to pay the beginning salaries of a superintendent and four assistant superintendents and the salaries of a secretary and an accountant; and

(3) For numbers of full-time equivalent students over 10,000, funds sufficient to pay the beginning salaries of a superintendent and eight assistant superintendents and the salaries of a secretary and an accountant; and

(3) For numbers of full-time equivalent students over 10,000, funds sufficient to pay the beginning salaries of a superintendent and eight assistant superintendents and the salaries of a secretary and an accountant; and

(4) Each local system shall earn funds for the 2000-2001 school year sufficient to pay the beginning salary of a principal for each school in the local school system with a principal of record for the preceding year. Thereafter, each local school system shall earn funds sufficient to pay the beginning salary of a principal for each school in the local school system that reported a principal on the October certified personnel information report; provided, however, that any school which operates as a combination school, which is defined as any of the elementary grades, kindergarten through grade five, contiguous with one or more of the middle grades, grades six through eight; or as a combination school of any of the middle grades, grades six through eight, contiguous with one or more of the elementary grades or contiguous with one or more of the high school grades, grades nine through 12; or as a combination school of any of the high school grades, contiguous with one or more of the middle grades, shall earn funds sufficient to pay the beginning salary of a principal for each of the elementary, middle, or high school combinations. For purposes of this paragraph, “ contiguous ” means grade levels in sequence, regardless of whether schools operating as a combination school are on the same campus sharing facilities or at different locations. Beginning with the 2001-2002 school year, funds cannot be earned for more than one principal's salary for schools on the same campus sharing facilities unless the schools operate as a combination school as defined in this paragraph with separate facility codes issued by the Department of Education. A local school system shall earn funds in the midterm adjustment sufficient to pay the beginning salary of a principal for a new school, if not otherwise earning the funds, when the school has reported full-time equivalent program counts in the October count, has an approved new school facility code issued by the department, and has reported a principal on the October certified personnel information report under the new facility code. It is further provided that funds for the salary of a principal shall not be earned under this paragraph for an evening school or alternative school; and

(4) Each local system shall earn funds for the 2000-2001 school year sufficient to pay the beginning salary of a principal for each school in the local school system with a principal of record for the preceding year. Thereafter, each local school system shall earn funds sufficient to pay the beginning salary of a principal for each school in the local school system that reported a principal on the October certified personnel information report; provided, however, that any school which operates as a combination school, which is defined as any of the elementary grades, kindergarten through grade five, contiguous with one or more of the middle grades, grades six through eight; or as a combination school of any of the middle grades, grades six through eight, contiguous with one or more of the elementary grades or contiguous with one or more of the high school grades, grades nine through 12; or as a combination school of any of the high school grades, contiguous with one or more of the middle grades, shall earn funds sufficient to pay the beginning salary of a principal for each of the elementary, middle, or high school combinations. For purposes of this paragraph, “ contiguous ” means grade levels in sequence, regardless of whether schools operating as a combination school are on the same campus sharing facilities or at different locations. Beginning with the 2001-2002 school year, funds cannot be earned for more than one principal's salary for schools on the same campus sharing facilities unless the schools operate as a combination school as defined in this paragraph with separate facility codes issued by the Department of Education. A local school system shall earn funds in the midterm adjustment sufficient to pay the beginning salary of a principal for a new school, if not otherwise earning the funds, when the school has reported full-time equivalent program counts in the October count, has an approved new school facility code issued by the department, and has reported a principal on the October certified personnel information report under the new facility code. It is further provided that funds for the salary of a principal shall not be earned under this paragraph for an evening school or alternative school; and

(5) Each local system shall earn funding for one nurse for every 750 full-time equivalent students at the elementary school level and one nurse for every 1,500 full-time equivalent students at the middle and high school levels. Such funding shall have a ratio of one registered professional nurse to five licensed practical nurses. Such funding shall be based on a contract length of 180 days and shall be sufficient to pay 50 percent of the average salary and benefits, as determined by the Department of Education, for a registered professional nurse or for a licensed practical nurse; provided, however, that such amount shall be phased in so that, in Fiscal Year 2013, such amount shall be 40 percent and, in Fiscal Year 2014, such amount shall be 45 percent. Local school systems shall not be required to provide any local matching funds for school nurses to receive funds pursuant to this paragraph. Local school systems that do not meet the minimum full-time equivalent student counts set out in this paragraph shall receive a base amount of funding. Each local school system shall expend 100 percent of the funds earned pursuant to this paragraph for salaries and benefits for school nurses.

(5) Each local system shall earn funding for one nurse for every 750 full-time equivalent students at the elementary school level and one nurse for every 1,500 full-time equivalent students at the middle and high school levels. Such funding shall have a ratio of one registered professional nurse to five licensed practical nurses. Such funding shall be based on a contract length of 180 days and shall be sufficient to pay 50 percent of the average salary and benefits, as determined by the Department of Education, for a registered professional nurse or for a licensed practical nurse; provided, however, that such amount shall be phased in so that, in Fiscal Year 2013, such amount shall be 40 percent and, in Fiscal Year 2014, such amount shall be 45 percent. Local school systems shall not be required to provide any local matching funds for school nurses to receive funds pursuant to this paragraph. Local school systems that do not meet the minimum full-time equivalent student counts set out in this paragraph shall receive a base amount of funding. Each local school system shall expend 100 percent of the funds earned pursuant to this paragraph for salaries and benefits for school nurses.

(b) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a visiting teacher using a base size of 2,475 full-time equivalent students, for costs of operating an administrative office for certain local school systems as deemed warranted by the department, and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152 , when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a local school system using a base size of 2,475 full-time equivalent students, subject to appropriation by the General Assembly; provided, however, that beginning with Fiscal Year 2016, such base size shall be 2,420 full-time equivalent students.

(b) All program weights, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of a visiting teacher using a base size of 2,475 full-time equivalent students, for costs of operating an administrative office for certain local school systems as deemed warranted by the department, and for workers' compensation and employment security payments for personnel at the central office, school, and program levels, subject to appropriation by the General Assembly. Further, the program weights for all special education programs pursuant to Code Section 20-2-152 , when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of special education leadership personnel essential and necessary for the effective operation of such programs in a base size local school system. Further, the program weights for all programs, when multiplied by the base amount, shall reflect sufficient funds to pay the beginning salaries of school psychologists and psychometrists essential and necessary for the effective operation of such programs in a local school system using a base size of 2,475 full-time equivalent students, subject to appropriation by the General Assembly; provided, however, that beginning with Fiscal Year 2016, such base size shall be 2,420 full-time equivalent students.

(c) Notwithstanding any provision of this Code section to the contrary, no local system shall earn funds under this Code section, except for funds for nurses, accountants, visiting teachers, school psychologists, and secretaries, if the local board of education has not implemented in a failing school within the system the interventions, as defined in Code Section 20-14-41 , that are prescribed by the State Board of Education.

(c) Notwithstanding any provision of this Code section to the contrary, no local system shall earn funds under this Code section, except for funds for nurses, accountants, visiting teachers, school psychologists, and secretaries, if the local board of education has not implemented in a failing school within the system the interventions, as defined in Code Section 20-14-41 , that are prescribed by the State Board of Education.
O.C.G.A. § 20-2-59 — GA Code / Title 20 / Chapter 2 / Section 20-2-59
Georgia Code Title 20. Education § 20-2-59
Status: in_force

(a) Except as provided in subsection (b) of this Code section, each local school superintendent and local board of education shall make rules to govern their respective local school systems.

(a) Except as provided in subsection (b) of this Code section, each local school superintendent and local board of education shall make rules to govern their respective local school systems.

(b)(1) No local board of education shall make or enforce any rule pursuant to subsection (a) of this Code section that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the local school system unless such rule provides that a parent or guardian of a child enrolled in such local school system may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian. (2) No local school superintendent shall make or enforce any rule pursuant to subsection (a) of this Code section that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the local school system unless such rule provides that a parent or guardian of a child enrolled in such local school system may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian.

(b)(1) No local board of education shall make or enforce any rule pursuant to subsection (a) of this Code section that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the local school system unless such rule provides that a parent or guardian of a child enrolled in such local school system may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian.

(b)(1) No local board of education shall make or enforce any rule pursuant to subsection (a) of this Code section that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the local school system unless such rule provides that a parent or guardian of a child enrolled in such local school system may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian.

(2) No local school superintendent shall make or enforce any rule pursuant to subsection (a) of this Code section that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the local school system unless such rule provides that a parent or guardian of a child enrolled in such local school system may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian.

(2) No local school superintendent shall make or enforce any rule pursuant to subsection (a) of this Code section that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the local school system unless such rule provides that a parent or guardian of a child enrolled in such local school system may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian.

(c) This Code section shall not be subject to waivers pursuant to Code Section 20-2-82 for a strategic waivers school system, Code Section 20-2-244 for a local board of education, Code Section 20-2-2063.2 for a charter system, or Code Section 20-2-2065 for a charter school established pursuant to Article 31 or Article 31A of this chapter, a charter system, or schools within a charter system.

(c) This Code section shall not be subject to waivers pursuant to Code Section 20-2-82 for a strategic waivers school system, Code Section 20-2-244 for a local board of education, Code Section 20-2-2063.2 for a charter system, or Code Section 20-2-2065 for a charter school established pursuant to Article 31 or Article 31A of this chapter, a charter system, or schools within a charter system.
O.C.G.A. § 20-3-27 — GA Code / Title 20 / Chapter 3 / Section 20-3-27
Georgia Code Title 20. Education § 20-3-27
Status: in_force

The board of regents shall make at least one annual visit and inspection of each of the institutions in the university system through committees of not less than two of its members, who shall report their visits and inspections to the board.
O.C.G.A. § 20-2-189 — GA Code / Title 20 / Chapter 2 / Section 20-2-189
Georgia Code Title 20. Education § 20-2-189
Status: in_force

(a) As used in this Code section, the term “migrant student” means a child who is a student in a public school and who has, within 12 months prior to first becoming a student in such school, moved across state or school district lines with a migrant parent or guardian to enable the child, the child's parent or guardian, or a member of the child's immediate family to obtain temporary or seasonal employment in an agricultural or fishing activity.

(a) As used in this Code section, the term “migrant student” means a child who is a student in a public school and who has, within 12 months prior to first becoming a student in such school, moved across state or school district lines with a migrant parent or guardian to enable the child, the child's parent or guardian, or a member of the child's immediate family to obtain temporary or seasonal employment in an agricultural or fishing activity.

(b) The State Board of Education shall provide grants to qualified local units of administration for the purpose of supplementing services and instruction to currently enrolled migrant students. The State Department of Education by regulation shall establish the manner in which a local unit of administration must demonstrate that any of its schools meets the eligibility requirements of this subsection.

(b) The State Board of Education shall provide grants to qualified local units of administration for the purpose of supplementing services and instruction to currently enrolled migrant students. The State Department of Education by regulation shall establish the manner in which a local unit of administration must demonstrate that any of its schools meets the eligibility requirements of this subsection.

(c) Grants under this Code section shall be subject to appropriation by the General Assembly. The grant amount for a local unit of administration to be used for a school thereof under this Code section shall be determined by multiplying the total appropriation for such grants by a fraction, the numerator of which is the average number of eligible migrant students enrolling in that school after the final FTE count as required in subsection (a) of Code Section 20-2-160 but prior to the end of the same academic year and the denominator of which is the average total number of eligible migrant students enrolling after the final FTE count as required in subsection (a) of Code Section 20-2-160 but prior to the end of the same academic year in all local units in the entire state. At least 90 percent of the grant funds received by a local unit under this Code section shall be used for direct program expenditures at the school for which the grant is computed under this subsection. Any portion of that 90 percent not so expended shall be returned to the State Department of Education.

(c) Grants under this Code section shall be subject to appropriation by the General Assembly. The grant amount for a local unit of administration to be used for a school thereof under this Code section shall be determined by multiplying the total appropriation for such grants by a fraction, the numerator of which is the average number of eligible migrant students enrolling in that school after the final FTE count as required in subsection (a) of Code Section 20-2-160 but prior to the end of the same academic year and the denominator of which is the average total number of eligible migrant students enrolling after the final FTE count as required in subsection (a) of Code Section 20-2-160 but prior to the end of the same academic year in all local units in the entire state. At least 90 percent of the grant funds received by a local unit under this Code section shall be used for direct program expenditures at the school for which the grant is computed under this subsection. Any portion of that 90 percent not so expended shall be returned to the State Department of Education.
O.C.G.A. § 20-2-1016 — GA Code / Title 20 / Chapter 2 / Section 20-2-1016
Georgia Code Title 20. Education § 20-2-1016
Status: in_force

This article shall not apply to students in home study programs or virtual courses.
O.C.G.A. § 20-5-22 — GA Code / Title 20 / Chapter 5 / Section 20-5-22
Georgia Code Title 20. Education § 20-5-22
Status: in_force

The board of trustees of the public library of a city is authorized to accept and receive donations, either in money, land, or other property, for the purpose of erecting or assisting in the erection of suitable buildings for the use of such public library, for maintaining it, or for assisting in maintaining it.
O.C.G.A. § 20-3-96 — GA Code / Title 20 / Chapter 3 / Section 20-3-96
Georgia Code Title 20. Education § 20-3-96
Status: in_force

Any student organization which is adversely affected by a decision or action under this part may appeal a final decision of the Board of Regents of the University System of Georgia to the superior court of the county wherein the university system institution is situated, or to the Superior Court of Fulton County, within 20 days after the student organization has been either personally served or mailed a copy of the board of regents' final decision. If the decision is mailed, the time for appeal shall begin on the date mailed; however, an extra three days shall be added to the time for appeal. If there is any evidence in the record to support the decision of the board of regents with regard to the administrative findings of fact, those findings must be upheld by the superior court. Except as provided in this part, appeals to the superior court shall be governed by Chapter 13 of Title 50, the “Georgia Administrative Procedure Act,” as amended.
O.C.G.A. § 20-3-412 — GA Code / Title 20 / Chapter 3 / Section 20-3-412
Georgia Code Title 20. Education § 20-3-412
Status: in_force

Each eligible student is entitled to a tuition equalization grant each academic year, as specified in appropriations Acts of the General Assembly. No grants shall be made to graduate students unless specifically authorized in appropriations Acts of the General Assembly. It is the intent of the General Assembly and the purpose of this program to provide tuition equalization grants to all Georgia students attending approved schools at all levels and throughout the entire calendar year whenever sufficient funds are available to the state. In no event shall an eligible student receive a tuition equalization grant for more than 127 semester hours or 190 quarter hours of his or her undergraduate program.
O.C.G.A. § 20-2-104 — GA Code / Title 20 / Chapter 2 / Section 20-2-104
Georgia Code Title 20. Education § 20-2-104
Status: in_force

Each county and independent system school superintendent must give bond with an approved surety company payable to the county or independent system board of education, the amount to be decided by the board. Such bond must be filed with the judge of the probate court of the county and a copy recorded on the records of the judge of the probate court; and it shall be the duty of the superintendent to send a certified copy of such bond to the State School Superintendent, which copy shall be recorded and kept on file at the State Board of Education.
O.C.G.A. § 20-2-916 — GA Code / Title 20 / Chapter 2 / Section 20-2-916
Georgia Code Title 20. Education § 20-2-916
Status: in_force

Each employee shall be entitled to have his spouse and dependent children, as defined by the regulations of the board, included in the coverage, upon agreeing to pay his contributions to the cost of such coverage for such dependents. The board shall adopt regulations governing the discontinuance and resumption by employees of coverage for dependents.
O.C.G.A. § 20-1-42 — GA Code / Title 20 / Chapter 1 / Section 20-1-42
Georgia Code Title 20. Education § 20-1-42
Status: in_force

(a) The council shall be composed of 30 members as follows: (1) The following members appointed by the Governor: (A) A representative from the Sandra Dunagan Deal Center for Early Language and Literacy; (B) A representative from the Office of Public Library Services of the Board of Regents of the University System of Georgia; (C) A representative from the State Board of Education; (D) Two individuals with knowledge, skills, and experience in birth to five-year-old early learning; and (E) Seven individuals with knowledge, skills, and experience in literacy or dyslexia education; (2) The following members appointed by the President of the Senate: (A) The chairperson of the Senate Education and Youth Committee; (B) The chairperson of the Senate Higher Education Committee; (C) The chairperson of the Senate Appropriations Committee; (D) Two members of the Senate from the minority caucus; and (E) Four individuals to include a teacher, a local board of education member, a local school superintendent, and a literacy advocate; and (3) The following members appointed by the Speaker of the House of Representatives: (A) The chairperson of the House Committee on Education; (B) The chairperson of the House Committee on Higher Education; (C) The chairperson of the House Committee on Appropriations; (D) Two members of the House of Representatives from the minority caucus; and (E) Four individuals to include a teacher, a local board of education member, a local school superintendent, and a literacy advocate.

(a) The council shall be composed of 30 members as follows:

(1) The following members appointed by the Governor: (A) A representative from the Sandra Dunagan Deal Center for Early Language and Literacy; (B) A representative from the Office of Public Library Services of the Board of Regents of the University System of Georgia; (C) A representative from the State Board of Education; (D) Two individuals with knowledge, skills, and experience in birth to five-year-old early learning; and (E) Seven individuals with knowledge, skills, and experience in literacy or dyslexia education;

(1) The following members appointed by the Governor:

(A) A representative from the Sandra Dunagan Deal Center for Early Language and Literacy;

(A) A representative from the Sandra Dunagan Deal Center for Early Language and Literacy;

(B) A representative from the Office of Public Library Services of the Board of Regents of the University System of Georgia;

(B) A representative from the Office of Public Library Services of the Board of Regents of the University System of Georgia;

(C) A representative from the State Board of Education;

(C) A representative from the State Board of Education;

(D) Two individuals with knowledge, skills, and experience in birth to five-year-old early learning; and

(D) Two individuals with knowledge, skills, and experience in birth to five-year-old early learning; and

(E) Seven individuals with knowledge, skills, and experience in literacy or dyslexia education;

(E) Seven individuals with knowledge, skills, and experience in literacy or dyslexia education;

(2) The following members appointed by the President of the Senate: (A) The chairperson of the Senate Education and Youth Committee; (B) The chairperson of the Senate Higher Education Committee; (C) The chairperson of the Senate Appropriations Committee; (D) Two members of the Senate from the minority caucus; and (E) Four individuals to include a teacher, a local board of education member, a local school superintendent, and a literacy advocate; and

(2) The following members appointed by the President of the Senate:

(A) The chairperson of the Senate Education and Youth Committee;

(A) The chairperson of the Senate Education and Youth Committee;

(B) The chairperson of the Senate Higher Education Committee;

(B) The chairperson of the Senate Higher Education Committee;

(C) The chairperson of the Senate Appropriations Committee;

(C) The chairperson of the Senate Appropriations Committee;

(D) Two members of the Senate from the minority caucus; and

(D) Two members of the Senate from the minority caucus; and

(E) Four individuals to include a teacher, a local board of education member, a local school superintendent, and a literacy advocate; and

(E) Four individuals to include a teacher, a local board of education member, a local school superintendent, and a literacy advocate; and

(3) The following members appointed by the Speaker of the House of Representatives: (A) The chairperson of the House Committee on Education; (B) The chairperson of the House Committee on Higher Education; (C) The chairperson of the House Committee on Appropriations; (D) Two members of the House of Representatives from the minority caucus; and (E) Four individuals to include a teacher, a local board of education member, a local school superintendent, and a literacy advocate.

(3) The following members appointed by the Speaker of the House of Representatives:

(A) The chairperson of the House Committee on Education;

(A) The chairperson of the House Committee on Education;

(B) The chairperson of the House Committee on Higher Education;

(B) The chairperson of the House Committee on Higher Education;

(C) The chairperson of the House Committee on Appropriations;

(C) The chairperson of the House Committee on Appropriations;

(D) Two members of the House of Representatives from the minority caucus; and

(D) Two members of the House of Representatives from the minority caucus; and

(E) Four individuals to include a teacher, a local board of education member, a local school superintendent, and a literacy advocate.

(E) Four individuals to include a teacher, a local board of education member, a local school superintendent, and a literacy advocate.

(b) Each nonlegislative member of the council shall be appointed to serve until his or her successor is duly appointed. Legislative members of the council shall serve until completion of their current terms of office. Any member may be appointed to succeed himself or herself on the council. If a member of the council is an elected or appointed official, such member, or his or her designee, shall be removed from the council if such member no longer serves as such elected or appointed official.

(b) Each nonlegislative member of the council shall be appointed to serve until his or her successor is duly appointed. Legislative members of the council shall serve until completion of their current terms of office. Any member may be appointed to succeed himself or herself on the council. If a member of the council is an elected or appointed official, such member, or his or her designee, shall be removed from the council if such member no longer serves as such elected or appointed official.

(c) The Governor shall designate one of the members appointed pursuant to subsection (a) of this Code section the chairperson of the council. The council may elect other officers as it deems necessary. The chairperson of the council may designate and appoint committees from among the membership of the council as well as appoint other persons to perform such functions as he or she may determine to be necessary as relevant to and consistent with this article. The chairperson shall only vote to break a tie.

(c) The Governor shall designate one of the members appointed pursuant to subsection (a) of this Code section the chairperson of the council. The council may elect other officers as it deems necessary. The chairperson of the council may designate and appoint committees from among the membership of the council as well as appoint other persons to perform such functions as he or she may determine to be necessary as relevant to and consistent with this article. The chairperson shall only vote to break a tie.

(d) The Governor shall direct the Alliance of Education Agency Heads provided for in Article 1 of Chapter 14 of this title to work with members of the council.

(d) The Governor shall direct the Alliance of Education Agency Heads provided for in Article 1 of Chapter 14 of this title to work with members of the council.

(e) The council shall be attached for administrative purposes only to the Office of Student Achievement. The Office of Student Achievement shall provide staff support for the council and shall hire an individual to serve as Georgia Literacy Coach who shall be responsible for coordination of such staff support and for working in coordination with the literacy related efforts of the Alliance of Education Agency Heads. The Office of Student Achievement shall use any funds specifically appropriated to support the work of the council for such purpose.

(e) The council shall be attached for administrative purposes only to the Office of Student Achievement. The Office of Student Achievement shall provide staff support for the council and shall hire an individual to serve as Georgia Literacy Coach who shall be responsible for coordination of such staff support and for working in coordination with the literacy related efforts of the Alliance of Education Agency Heads. The Office of Student Achievement shall use any funds specifically appropriated to support the work of the council for such purpose.
O.C.G.A. § 20-3-250-16 — GA Code / Title 20 / Chapter 3 / Section 20-3-250-16
Georgia Code Title 20. Education § 20-3-250.16
Status: in_force

(a) Any person aggrieved or adversely affected by any final action of the commission may obtain judicial review of such action as provided in this Code section.

(a) Any person aggrieved or adversely affected by any final action of the commission may obtain judicial review of such action as provided in this Code section.

(b) An action for judicial review may be commenced in any court of competent jurisdiction within 30 days after the commission's action becomes effective.

(b) An action for judicial review may be commenced in any court of competent jurisdiction within 30 days after the commission's action becomes effective.

(c) Upon a finding that irreparable injury would otherwise result, the commission, upon application therefor, shall postpone the effective date of its action pending judicial review, or the reviewing court, upon application therefor and upon such terms and upon such security, if any, as the court shall find necessary, shall issue appropriate process to postpone the effective date of the commission's action or to preserve the rights of the parties pending conclusion of the review proceedings.

(c) Upon a finding that irreparable injury would otherwise result, the commission, upon application therefor, shall postpone the effective date of its action pending judicial review, or the reviewing court, upon application therefor and upon such terms and upon such security, if any, as the court shall find necessary, shall issue appropriate process to postpone the effective date of the commission's action or to preserve the rights of the parties pending conclusion of the review proceedings.

(d) The record on review, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, applications, evidence, exhibits, and other papers presented to or considered by the commission and the decision, findings, and action of the commission. As to alleged procedural irregularities, evidence may be taken independently by the court.

(d) The record on review, unless otherwise stipulated by the parties, shall include the original or certified copies of all pleadings, applications, evidence, exhibits, and other papers presented to or considered by the commission and the decision, findings, and action of the commission. As to alleged procedural irregularities, evidence may be taken independently by the court.

(e) If the court finds no error, it shall affirm the commission's action. If it finds that such action was: (1) Arbitrary or capricious; (2) A denial of a statutory right; (3) Contrary to constitutional right, power, privilege, or immunity; (4) In excess of statutory jurisdiction, authority, purposes, or limitation; (5) Not in accord with the procedures or procedural limitations of this part or otherwise required by law; (6) An abuse or clearly unwarranted exercise of discretion, unsupported by substantial evidence when the record is considered as a whole; or (7) Otherwise contrary to law, then the court shall hold unlawful and set aside the commission's action and afford such relief as may be appropriate.

(e) If the court finds no error, it shall affirm the commission's action. If it finds that such action was:

(1) Arbitrary or capricious;

(1) Arbitrary or capricious;

(2) A denial of a statutory right;

(2) A denial of a statutory right;

(3) Contrary to constitutional right, power, privilege, or immunity;

(3) Contrary to constitutional right, power, privilege, or immunity;

(4) In excess of statutory jurisdiction, authority, purposes, or limitation;

(4) In excess of statutory jurisdiction, authority, purposes, or limitation;

(5) Not in accord with the procedures or procedural limitations of this part or otherwise required by law;

(5) Not in accord with the procedures or procedural limitations of this part or otherwise required by law;

(6) An abuse or clearly unwarranted exercise of discretion, unsupported by substantial evidence when the record is considered as a whole; or

(6) An abuse or clearly unwarranted exercise of discretion, unsupported by substantial evidence when the record is considered as a whole; or

(7) Otherwise contrary to law,

(7) Otherwise contrary to law,

then the court shall hold unlawful and set aside the commission's action and afford such relief as may be appropriate.

(f) The decision of the trial court shall be subject to appellate review in the same manner and with the same effect as in appeals from a final judgment or decree in any other civil action.

(f) The decision of the trial court shall be subject to appellate review in the same manner and with the same effect as in appeals from a final judgment or decree in any other civil action.
O.C.G.A. § 20-2-152 — GA Code / Title 20 / Chapter 2 / Section 20-2-152
Georgia Code Title 20. Education § 20-2-152
Status: in_force

(a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children from birth through four years of age, whose disabling condition is so severe as to necessitate early education intervention, may be eligible for special education services through programs operated by state schools for the handicapped, the psychoeducational program, or through programs financed with local or federal funds or with funds specifically appropriated by the General Assembly for this purpose. Eligible children and youth are defined as those who have emotional, physical, communicative, or intellectual deviations, or a combination thereof, to the degree that there is interference with school achievements or adjustments or prevention of full academic attainment and who require modifications or alterations in their educational programs. Special education shall include children who are classified as intellectually gifted, mentally disabled, behavior disordered, specific learning disabled, orthopedically disabled, other health impaired, hearing impaired, speech-language disordered, visually impaired, severely emotionally disturbed, and deaf-blind and who have any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria for each area of special education to be served on a state-wide basis. The state board shall adopt the criteria used to determine eligibility of students for state funded special education programs. The state board shall adopt maximum class sizes by classification of special education pursuant to subsection (i) of Code Section 20-2-182 which are equal to or greater than the class sizes used to develop the program weights as set forth in subsection (b) of Code Section 20-2-161 .

(a) All children and youth who are eligible for a general and career education program under Code Section 20-2-151 and who have special educational needs shall also be eligible for special education services. Children from birth through four years of age, whose disabling condition is so severe as to necessitate early education intervention, may be eligible for special education services through programs operated by state schools for the handicapped, the psychoeducational program, or through programs financed with local or federal funds or with funds specifically appropriated by the General Assembly for this purpose. Eligible children and youth are defined as those who have emotional, physical, communicative, or intellectual deviations, or a combination thereof, to the degree that there is interference with school achievements or adjustments or prevention of full academic attainment and who require modifications or alterations in their educational programs. Special education shall include children who are classified as intellectually gifted, mentally disabled, behavior disordered, specific learning disabled, orthopedically disabled, other health impaired, hearing impaired, speech-language disordered, visually impaired, severely emotionally disturbed, and deaf-blind and who have any other areas of special needs which may be identified. The State Board of Education shall adopt classification criteria for each area of special education to be served on a state-wide basis. The state board shall adopt the criteria used to determine eligibility of students for state funded special education programs. The state board shall adopt maximum class sizes by classification of special education pursuant to subsection (i) of Code Section 20-2-182 which are equal to or greater than the class sizes used to develop the program weights as set forth in subsection (b) of Code Section 20-2-161 .

(a.1) The criteria adopted by the state board to determine the eligibility of students for state funded special education programs for the intellectually gifted, Category VI pursuant to paragraph (6) of subsection (d) of this Code section, shall authorize local boards of education to use: (1) The criteria used on July 1, 1993, as amended by state board or state department regulation from time to time; and (2) Multiple eligibility criteria which include: (A) Evidence of student work product or performance; (B) Data from teacher, parent, or peer observation; and (C) Evidence of student performance on nationally normed standardized tests of mental ability, achievement, and creativity. A student's eligibility may be determined under either paragraph (1) or (2) of this subsection. The multiple eligibility criteria shall be implemented as appropriate staff development is completed, but not later than August 1, 1998. A student who has been determined before July 1, 1994, to be eligible for state funded special education programs for the intellectually gifted shall not be required to satisfy any additional eligibility criteria or information documentation as a result of this subsection.

(a.1) The criteria adopted by the state board to determine the eligibility of students for state funded special education programs for the intellectually gifted, Category VI pursuant to paragraph (6) of subsection (d) of this Code section, shall authorize local boards of education to use:

(1) The criteria used on July 1, 1993, as amended by state board or state department regulation from time to time; and

(1) The criteria used on July 1, 1993, as amended by state board or state department regulation from time to time; and

(2) Multiple eligibility criteria which include: (A) Evidence of student work product or performance; (B) Data from teacher, parent, or peer observation; and (C) Evidence of student performance on nationally normed standardized tests of mental ability, achievement, and creativity.

(2) Multiple eligibility criteria which include:

(A) Evidence of student work product or performance;

(A) Evidence of student work product or performance;

(B) Data from teacher, parent, or peer observation; and

(B) Data from teacher, parent, or peer observation; and

(C) Evidence of student performance on nationally normed standardized tests of mental ability, achievement, and creativity.

(C) Evidence of student performance on nationally normed standardized tests of mental ability, achievement, and creativity.

A student's eligibility may be determined under either paragraph (1) or (2) of this subsection. The multiple eligibility criteria shall be implemented as appropriate staff development is completed, but not later than August 1, 1998. A student who has been determined before July 1, 1994, to be eligible for state funded special education programs for the intellectually gifted shall not be required to satisfy any additional eligibility criteria or information documentation as a result of this subsection.

(b) Local school systems shall, subject to any limitations specified in this Code section, provide special education programs for all eligible students with special needs who are residents of their local school systems, either by establishing and maintaining such educational facilities and employing such professional workers as are needed by these students or by contracting with other local school systems, regional educational service agencies, or other qualified public or private institutions for such services.

(b) Local school systems shall, subject to any limitations specified in this Code section, provide special education programs for all eligible students with special needs who are residents of their local school systems, either by establishing and maintaining such educational facilities and employing such professional workers as are needed by these students or by contracting with other local school systems, regional educational service agencies, or other qualified public or private institutions for such services.

(c)(1) The State Board of Education shall provide for the funding which has been approved by the General Assembly for this purpose for special education programs for students with disabling conditions which are either of such low incidence or of such severity that it is unfeasible or impractical to provide needed educational services through programs offered by local school systems. The state board may provide such educational services with funds specifically approved by the General Assembly for this purpose by: (A) Providing grants directly to regional educational service agencies for provision of services; (B) Either directly contracting with or making grants to or authorizing local units of administration to contract with or make grants to suitable private or public institutions, inside or outside this state, for the provision of such services; provided, however, that the educational and related services of the child must be provided by professionals, such as teachers, school psychologists, speech therapists, physical and occupational therapists, and audiologists who meet the certification or licensing standards of their profession in the state in which the institution is located; (C) Authorizing local units of administration to contract with suitable public agencies and departments, including institutions in which eligible children are confined and out-patient centers serving eligible children, inside and outside this state, for the provision of such services; (D) Entering into reciprocal agreements with other states or political subdivisions thereof for the provision of such services; or (E) Operating the Georgia School for the Deaf, the Georgia Academy for the Blind, the Atlanta Area School for the Deaf, and other special schools as approved by the General Assembly. (2) The state board may promulgate rules, regulations, and standards and establish the terms and conditions governing the provision of state aid provided for this purpose by the General Assembly under this subsection and perform any and all acts necessary or proper to carry out the provisions, intent, and purpose of this subsection.

(c)(1) The State Board of Education shall provide for the funding which has been approved by the General Assembly for this purpose for special education programs for students with disabling conditions which are either of such low incidence or of such severity that it is unfeasible or impractical to provide needed educational services through programs offered by local school systems. The state board may provide such educational services with funds specifically approved by the General Assembly for this purpose by: (A) Providing grants directly to regional educational service agencies for provision of services; (B) Either directly contracting with or making grants to or authorizing local units of administration to contract with or make grants to suitable private or public institutions, inside or outside this state, for the provision of such services; provided, however, that the educational and related services of the child must be provided by professionals, such as teachers, school psychologists, speech therapists, physical and occupational therapists, and audiologists who meet the certification or licensing standards of their profession in the state in which the institution is located; (C) Authorizing local units of administration to contract with suitable public agencies and departments, including institutions in which eligible children are confined and out-patient centers serving eligible children, inside and outside this state, for the provision of such services; (D) Entering into reciprocal agreements with other states or political subdivisions thereof for the provision of such services; or (E) Operating the Georgia School for the Deaf, the Georgia Academy for the Blind, the Atlanta Area School for the Deaf, and other special schools as approved by the General Assembly.

(c)(1) The State Board of Education shall provide for the funding which has been approved by the General Assembly for this purpose for special education programs for students with disabling conditions which are either of such low incidence or of such severity that it is unfeasible or impractical to provide needed educational services through programs offered by local school systems. The state board may provide such educational services with funds specifically approved by the General Assembly for this purpose by:

(A) Providing grants directly to regional educational service agencies for provision of services;

(A) Providing grants directly to regional educational service agencies for provision of services;

(B) Either directly contracting with or making grants to or authorizing local units of administration to contract with or make grants to suitable private or public institutions, inside or outside this state, for the provision of such services; provided, however, that the educational and related services of the child must be provided by professionals, such as teachers, school psychologists, speech therapists, physical and occupational therapists, and audiologists who meet the certification or licensing standards of their profession in the state in which the institution is located;

(B) Either directly contracting with or making grants to or authorizing local units of administration to contract with or make grants to suitable private or public institutions, inside or outside this state, for the provision of such services; provided, however, that the educational and related services of the child must be provided by professionals, such as teachers, school psychologists, speech therapists, physical and occupational therapists, and audiologists who meet the certification or licensing standards of their profession in the state in which the institution is located;

(C) Authorizing local units of administration to contract with suitable public agencies and departments, including institutions in which eligible children are confined and out-patient centers serving eligible children, inside and outside this state, for the provision of such services;

(C) Authorizing local units of administration to contract with suitable public agencies and departments, including institutions in which eligible children are confined and out-patient centers serving eligible children, inside and outside this state, for the provision of such services;

(D) Entering into reciprocal agreements with other states or political subdivisions thereof for the provision of such services; or

(D) Entering into reciprocal agreements with other states or political subdivisions thereof for the provision of such services; or

(E) Operating the Georgia School for the Deaf, the Georgia Academy for the Blind, the Atlanta Area School for the Deaf, and other special schools as approved by the General Assembly.

(E) Operating the Georgia School for the Deaf, the Georgia Academy for the Blind, the Atlanta Area School for the Deaf, and other special schools as approved by the General Assembly.

(2) The state board may promulgate rules, regulations, and standards and establish the terms and conditions governing the provision of state aid provided for this purpose by the General Assembly under this subsection and perform any and all acts necessary or proper to carry out the provisions, intent, and purpose of this subsection.

(2) The state board may promulgate rules, regulations, and standards and establish the terms and conditions governing the provision of state aid provided for this purpose by the General Assembly under this subsection and perform any and all acts necessary or proper to carry out the provisions, intent, and purpose of this subsection.

(d) For purposes of funding under this article, the following special education categories are authorized for the local units of administration of this state: (1) Category I: self-contained specific learning disabled and self-contained speech-language disordered; (2) Category II: mildly mentally disabled; (3) Category III: behavior disordered, moderately mentally disabled, severely mentally disabled, resourced specific learning disabled, resourced speech-language disordered, self-contained hearing impaired and deaf, self-contained orthopedically disabled, and self-contained other health impaired; (4) Category IV: deaf-blind, profoundly mentally disabled, visually impaired and blind, resourced hearing impaired and deaf, resourced orthopedically disabled, and resourced other health impaired; (5) Category V: those special education students classified as being in Categories I through IV, as defined in this subsection, whose Individualized Educational Programs specify specially designed instruction or supplementary aids or services in alternative placements, in the least restrictive environment, including the regular classroom and who receive such services from personnel such as paraprofessionals, interpreters, job coaches, and other assistive personnel; and (6) Category VI: intellectually gifted.

(d) For purposes of funding under this article, the following special education categories are authorized for the local units of administration of this state:

(1) Category I: self-contained specific learning disabled and self-contained speech-language disordered;

(1) Category I: self-contained specific learning disabled and self-contained speech-language disordered;

(2) Category II: mildly mentally disabled;

(2) Category II: mildly mentally disabled;

(3) Category III: behavior disordered, moderately mentally disabled, severely mentally disabled, resourced specific learning disabled, resourced speech-language disordered, self-contained hearing impaired and deaf, self-contained orthopedically disabled, and self-contained other health impaired;

(3) Category III: behavior disordered, moderately mentally disabled, severely mentally disabled, resourced specific learning disabled, resourced speech-language disordered, self-contained hearing impaired and deaf, self-contained orthopedically disabled, and self-contained other health impaired;

(4) Category IV: deaf-blind, profoundly mentally disabled, visually impaired and blind, resourced hearing impaired and deaf, resourced orthopedically disabled, and resourced other health impaired;

(4) Category IV: deaf-blind, profoundly mentally disabled, visually impaired and blind, resourced hearing impaired and deaf, resourced orthopedically disabled, and resourced other health impaired;

(5) Category V: those special education students classified as being in Categories I through IV, as defined in this subsection, whose Individualized Educational Programs specify specially designed instruction or supplementary aids or services in alternative placements, in the least restrictive environment, including the regular classroom and who receive such services from personnel such as paraprofessionals, interpreters, job coaches, and other assistive personnel; and

(5) Category V: those special education students classified as being in Categories I through IV, as defined in this subsection, whose Individualized Educational Programs specify specially designed instruction or supplementary aids or services in alternative placements, in the least restrictive environment, including the regular classroom and who receive such services from personnel such as paraprofessionals, interpreters, job coaches, and other assistive personnel; and

(6) Category VI: intellectually gifted.

(6) Category VI: intellectually gifted.
O.C.G.A. § 20-2-564 — GA Code / Title 20 / Chapter 2 / Section 20-2-564
Georgia Code Title 20. Education § 20-2-564
Status: in_force

(a) Revenue bonds issued under this part shall not be deemed to constitute a debt of the state or a pledge of the faith and credit of the state, but such bonds shall be payable solely from the fund provided for in Code Section 20-2-567 . The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section; provided, however, that such funds as may be received from state appropriations or from any other source are declared to be available and may be used on behalf of the county boards of education, city boards of education, or governing bodies of independent districts or systems for the performance of any lease contract entered into by such boards or governing bodies, unless the use of such funds shall be otherwise stipulated by law.

(a) Revenue bonds issued under this part shall not be deemed to constitute a debt of the state or a pledge of the faith and credit of the state, but such bonds shall be payable solely from the fund provided for in Code Section 20-2-567 . The issuance of such revenue bonds shall not directly, indirectly, or contingently obligate the state to levy or to pledge any form of taxation whatever therefor or to make any appropriation for their payment. All such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Code section; provided, however, that such funds as may be received from state appropriations or from any other source are declared to be available and may be used on behalf of the county boards of education, city boards of education, or governing bodies of independent districts or systems for the performance of any lease contract entered into by such boards or governing bodies, unless the use of such funds shall be otherwise stipulated by law.

(b) In the event any county board of education, city board of education, or governing body of an independent school district or system shall enter into a lease contract or an agreement of sale with the authority as provided in this part, then any sums accruing to and for the benefit of such school district or system by virtue of any state appropriation to which such school district or system may be entitled shall be withheld from such school district or system and the State Board of Education shall, on behalf of such school district or system, apply so much thereof as is necessary directly to the authority until such time as the obligation of the lease contract or agreement of sale shall have been paid in full; it being intended that such sums, if any, as may be appropriated by the legislature and to which a school district or system may be entitled shall be subject to be first applied on behalf of such school district or system to the extent necessary to the faithful performance of any lease contract or agreement of sale of that particular school district or system with the authority.

(b) In the event any county board of education, city board of education, or governing body of an independent school district or system shall enter into a lease contract or an agreement of sale with the authority as provided in this part, then any sums accruing to and for the benefit of such school district or system by virtue of any state appropriation to which such school district or system may be entitled shall be withheld from such school district or system and the State Board of Education shall, on behalf of such school district or system, apply so much thereof as is necessary directly to the authority until such time as the obligation of the lease contract or agreement of sale shall have been paid in full; it being intended that such sums, if any, as may be appropriated by the legislature and to which a school district or system may be entitled shall be subject to be first applied on behalf of such school district or system to the extent necessary to the faithful performance of any lease contract or agreement of sale of that particular school district or system with the authority.

(c) In the event any such sums so appropriated by the legislature to the state board to and for the benefit of each county, city, or independent school district or system which has entered into a lease contract or an agreement of sale with the authority are not sufficient to discharge the lease or installment purchase obligations and undertakings therein agreed to be performed and should the school district or system fail to pay any sum necessary to make up the difference between the amount to be paid under the lease contract or agreement of sale and that actually paid by the state board on behalf of the school district or system directly to the authority as provided in subsection (b) of this Code section, then it shall be the duty of the authority to notify immediately, in writing, the state board, the Department of Education, and the Office of the State Treasurer of the amount due said authority, and thereupon the state board, the department, and the Office of the State Treasurer are authorized and directed to withhold from any other funds appropriated, allotted, or due to be paid to such county, city, or independent school district or system an amount sufficient to pay the obligation due the authority by the defaulting county, city, or independent school district or system for the rental or purchase of buildings or facilities; and the state board, the department, and the Office of the State Treasurer are authorized and directed to pay such funds to the authority on behalf of the county, city, or independent school district or system to be applied in payment on such unpaid rentals or installment payments of purchase price, such payment being charged against the respective funds due such county, city, or independent school district or system.

(c) In the event any such sums so appropriated by the legislature to the state board to and for the benefit of each county, city, or independent school district or system which has entered into a lease contract or an agreement of sale with the authority are not sufficient to discharge the lease or installment purchase obligations and undertakings therein agreed to be performed and should the school district or system fail to pay any sum necessary to make up the difference between the amount to be paid under the lease contract or agreement of sale and that actually paid by the state board on behalf of the school district or system directly to the authority as provided in subsection (b) of this Code section, then it shall be the duty of the authority to notify immediately, in writing, the state board, the Department of Education, and the Office of the State Treasurer of the amount due said authority, and thereupon the state board, the department, and the Office of the State Treasurer are authorized and directed to withhold from any other funds appropriated, allotted, or due to be paid to such county, city, or independent school district or system an amount sufficient to pay the obligation due the authority by the defaulting county, city, or independent school district or system for the rental or purchase of buildings or facilities; and the state board, the department, and the Office of the State Treasurer are authorized and directed to pay such funds to the authority on behalf of the county, city, or independent school district or system to be applied in payment on such unpaid rentals or installment payments of purchase price, such payment being charged against the respective funds due such county, city, or independent school district or system.

(d) The rentals contracted to be paid by the state board or other contracting or leasing department, agency, or institution of the state to the authority under leases or contracts entered upon pursuant to this part shall constitute obligations of the state for the payment of which the good faith of the state is pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of Georgia. It shall be the duty of the state board or other contracting or leasing department, agency, or institution of the state to see to the punctual payment of all such rentals.

(d) The rentals contracted to be paid by the state board or other contracting or leasing department, agency, or institution of the state to the authority under leases or contracts entered upon pursuant to this part shall constitute obligations of the state for the payment of which the good faith of the state is pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of Georgia. It shall be the duty of the state board or other contracting or leasing department, agency, or institution of the state to see to the punctual payment of all such rentals.

(e) In the event of any failure or refusal on the part of any party punctually to perform any covenant or obligation contained in any contract entered upon pursuant to this part, the authority may enforce performance by any legal or equitable process against such party; and consent is given for the institution of any such action.

(e) In the event of any failure or refusal on the part of any party punctually to perform any covenant or obligation contained in any contract entered upon pursuant to this part, the authority may enforce performance by any legal or equitable process against such party; and consent is given for the institution of any such action.

(f) The authority shall be permitted to assign any payment due it by a contracting party to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the authority.

(f) The authority shall be permitted to assign any payment due it by a contracting party to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the authority.
O.C.G.A. § 20-2-159-2 — GA Code / Title 20 / Chapter 2 / Section 20-2-159-2
Georgia Code Title 20. Education § 20-2-159.2
Status: in_force

Stronger coordination between high schools and institutions of higher education is necessary to prepare students for more challenging postsecondary endeavors and to lessen the need for academic remediation in college, thereby reducing the costs of higher education for students, families, and the state. To this end, the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of the Technical College System of Georgia shall:

(1) Develop policies to ensure that students who master the content standards established pursuant to Code Section 20-2-140 will meet the requirements for purposes of admission into a postsecondary institution, such as grade point average and readiness levels in reading, writing, and mathematics, without having to take remedial coursework. Such policies shall: (A) Establish the benchmarks for college readiness and the method in which students can demonstrate readiness in reading, writing, and mathematics for postsecondary coursework upon completing the content standards; and (B) Set the conditions for ensuring college readiness;

(1) Develop policies to ensure that students who master the content standards established pursuant to Code Section 20-2-140 will meet the requirements for purposes of admission into a postsecondary institution, such as grade point average and readiness levels in reading, writing, and mathematics, without having to take remedial coursework. Such policies shall:

(A) Establish the benchmarks for college readiness and the method in which students can demonstrate readiness in reading, writing, and mathematics for postsecondary coursework upon completing the content standards; and

(A) Establish the benchmarks for college readiness and the method in which students can demonstrate readiness in reading, writing, and mathematics for postsecondary coursework upon completing the content standards; and

(B) Set the conditions for ensuring college readiness;

(B) Set the conditions for ensuring college readiness;

(2) Define college-readiness standards in reading, writing, and mathematics needed for success in advanced training, certificate programs, and programs leading to an associate's or bachelor's degree;

(2) Define college-readiness standards in reading, writing, and mathematics needed for success in advanced training, certificate programs, and programs leading to an associate's or bachelor's degree;

(3) Identify one or more state-wide common assessments to determine postsecondary readiness in reading, writing, and mathematics and inform students of their performance on such assessments no later than the end of tenth grade;

(3) Identify one or more state-wide common assessments to determine postsecondary readiness in reading, writing, and mathematics and inform students of their performance on such assessments no later than the end of tenth grade;

(4) Develop transitional courses in reading, writing, and mathematics, with common standards, syllabus, and instruction materials for eleventh and twelfth grade students who fail to meet readiness standards, which courses shall be required by the state board to be offered by all local boards of education and which all students who are identified pursuant to paragraph (3) of this subsection as failing to meet readiness standards shall be required to take;

(4) Develop transitional courses in reading, writing, and mathematics, with common standards, syllabus, and instruction materials for eleventh and twelfth grade students who fail to meet readiness standards, which courses shall be required by the state board to be offered by all local boards of education and which all students who are identified pursuant to paragraph (3) of this subsection as failing to meet readiness standards shall be required to take;

(5) Establish a state-wide process for determining how successful completion of transitional courses will guarantee that students will meet readiness standards; and

(5) Establish a state-wide process for determining how successful completion of transitional courses will guarantee that students will meet readiness standards; and

(6) Ensure dual credit courses reflect postsecondary coursework.

(6) Ensure dual credit courses reflect postsecondary coursework.
O.C.G.A. § 20-2-324-6 — GA Code / Title 20 / Chapter 2 / Section 20-2-324-6
Georgia Code Title 20. Education § 20-2-324.6
Status: in_force

(a) As used in this Code section, “ harmful to minors ” means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it: (1) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors; (2) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and (3) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.

(a) As used in this Code section, “ harmful to minors ” means that quality of description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sadomasochistic abuse, when it:

(1) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors;

(1) Taken as a whole, predominantly appeals to the prurient, shameful, or morbid interest of minors;

(2) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

(2) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

(3) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.

(3) Is, when taken as a whole, lacking in serious literary, artistic, political, or scientific value for minors.

(b) No later than January 1, 2023, each local board of education shall adopt a complaint resolution policy for its local school system to be used to address complaints submitted by parents or permanent guardians alleging that material that is harmful to minors has been provided or is currently available to a student enrolled in the local school system who is the child of such parent or permanent guardian. The complaint resolution process shall require that: (1) Complaints be submitted in writing to the principal of the school where the student is enrolled; (2) Complaints shall provide a reasonably detailed description of the material that is alleged to be harmful to minors; (3) Within seven business days of receiving a written complaint, the school principal or his or her designee review the complaint and take reasonable steps to investigate the allegations in the complaint, including, but not limited to, reviewing the material that is alleged to be harmful to minors, if it is available; (4) The school principal or his or her designee shall determine whether the material that is the subject of the complaint is harmful to minors; (5) The school principal or his or her designee shall determine whether student access to the material that is the subject of the complaint shall be removed or restricted; (6) Within ten business days of receiving the complaint, unless another schedule is mutually agreed to by the parent or permanent guardian and the school principal or his or her designee, the school principal or his or her designee shall confer with the parent or permanent guardian and inform him or her whether the material that is the subject of the complaint was determined to be harmful to minors, and whether student access to such material will be removed or restricted; (7) Appeals of the school's principal's or his or her designee's determinations provided for in paragraphs (4) and (5) of this subsection shall be subject to full administrative and substantive review by the local board of education, which shall also include the ability of the parent or permanent guardian to provide input during public comment at a regularly scheduled board meeting. Unless another time frame is mutually agreed upon by the parent or permanent guardian and the local board of education, the review and final disposition of the appeal by the local board of education shall be completed within 30 calendar days of receiving the written appeal; and (8) The title of the material submitted for appeal pursuant to paragraph (7) of this subsection that is determined by the local board of education to be not harmful to minors shall be published on the website of the local board of education within 15 business days from the date of such determination and shall remain on the website for a period of not less than 12 months. A parent or permanent guardian may request access to appealed materials that are physical in nature and accessible to their student in the student's school media center. A parent or permanent guardian must abide by the school's policies and procedures when requesting and reviewing such material.

(b) No later than January 1, 2023, each local board of education shall adopt a complaint resolution policy for its local school system to be used to address complaints submitted by parents or permanent guardians alleging that material that is harmful to minors has been provided or is currently available to a student enrolled in the local school system who is the child of such parent or permanent guardian. The complaint resolution process shall require that:

(1) Complaints be submitted in writing to the principal of the school where the student is enrolled;

(1) Complaints be submitted in writing to the principal of the school where the student is enrolled;

(2) Complaints shall provide a reasonably detailed description of the material that is alleged to be harmful to minors;

(2) Complaints shall provide a reasonably detailed description of the material that is alleged to be harmful to minors;

(3) Within seven business days of receiving a written complaint, the school principal or his or her designee review the complaint and take reasonable steps to investigate the allegations in the complaint, including, but not limited to, reviewing the material that is alleged to be harmful to minors, if it is available;

(3) Within seven business days of receiving a written complaint, the school principal or his or her designee review the complaint and take reasonable steps to investigate the allegations in the complaint, including, but not limited to, reviewing the material that is alleged to be harmful to minors, if it is available;

(4) The school principal or his or her designee shall determine whether the material that is the subject of the complaint is harmful to minors;

(4) The school principal or his or her designee shall determine whether the material that is the subject of the complaint is harmful to minors;

(5) The school principal or his or her designee shall determine whether student access to the material that is the subject of the complaint shall be removed or restricted;

(5) The school principal or his or her designee shall determine whether student access to the material that is the subject of the complaint shall be removed or restricted;

(6) Within ten business days of receiving the complaint, unless another schedule is mutually agreed to by the parent or permanent guardian and the school principal or his or her designee, the school principal or his or her designee shall confer with the parent or permanent guardian and inform him or her whether the material that is the subject of the complaint was determined to be harmful to minors, and whether student access to such material will be removed or restricted;

(6) Within ten business days of receiving the complaint, unless another schedule is mutually agreed to by the parent or permanent guardian and the school principal or his or her designee, the school principal or his or her designee shall confer with the parent or permanent guardian and inform him or her whether the material that is the subject of the complaint was determined to be harmful to minors, and whether student access to such material will be removed or restricted;

(7) Appeals of the school's principal's or his or her designee's determinations provided for in paragraphs (4) and (5) of this subsection shall be subject to full administrative and substantive review by the local board of education, which shall also include the ability of the parent or permanent guardian to provide input during public comment at a regularly scheduled board meeting. Unless another time frame is mutually agreed upon by the parent or permanent guardian and the local board of education, the review and final disposition of the appeal by the local board of education shall be completed within 30 calendar days of receiving the written appeal; and

(7) Appeals of the school's principal's or his or her designee's determinations provided for in paragraphs (4) and (5) of this subsection shall be subject to full administrative and substantive review by the local board of education, which shall also include the ability of the parent or permanent guardian to provide input during public comment at a regularly scheduled board meeting. Unless another time frame is mutually agreed upon by the parent or permanent guardian and the local board of education, the review and final disposition of the appeal by the local board of education shall be completed within 30 calendar days of receiving the written appeal; and

(8) The title of the material submitted for appeal pursuant to paragraph (7) of this subsection that is determined by the local board of education to be not harmful to minors shall be published on the website of the local board of education within 15 business days from the date of such determination and shall remain on the website for a period of not less than 12 months. A parent or permanent guardian may request access to appealed materials that are physical in nature and accessible to their student in the student's school media center. A parent or permanent guardian must abide by the school's policies and procedures when requesting and reviewing such material.

(8) The title of the material submitted for appeal pursuant to paragraph (7) of this subsection that is determined by the local board of education to be not harmful to minors shall be published on the website of the local board of education within 15 business days from the date of such determination and shall remain on the website for a period of not less than 12 months. A parent or permanent guardian may request access to appealed materials that are physical in nature and accessible to their student in the student's school media center. A parent or permanent guardian must abide by the school's policies and procedures when requesting and reviewing such material.

(c) No later than September 1, 2022, the Department of Education shall promulgate a model policy for a complaint resolution process that meets the requirements of subsection (b) of this Code section.

(c) No later than September 1, 2022, the Department of Education shall promulgate a model policy for a complaint resolution process that meets the requirements of subsection (b) of this Code section.
O.C.G.A. § 20-3-277 — GA Code / Title 20 / Chapter 3 / Section 20-3-277
Georgia Code Title 20. Education § 20-3-277
Status: in_force

No lender and no class, type, or group of “eligible lenders,” as such term is defined in the federal act, shall have a vested right to be approved by the corporation as a “lender” for purposes of the program, except in accordance with rules and regulations prescribed by the corporation.