GA Code § 20-2-166 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 2 - Elementary and Secondary Education|Article 6 - Quality Basic Education|Part 4 - Financing|§ 20-2-166. State Funds; Calculation; Allotment; Distribution

  The State Board of Education shall calculate the total amount of state funds to be allotted to a local school system by:   Adding the amount calculated for the local school system for grants authorized under the provisions of this article which do not expressly involve a local share, except the state school lunch grant pursuant to Code Section 20-2-187, to the amount calculated for the local school system for the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-161;   Subtracting the amount of funds required by the local school system for local five mill share pursuant to Code Section 20-2-164 from the sum in paragraph (1) of this subsection;   Adding any equalization grant which may be earned pursuant to subsection (c) of Code Section 20-2-165, the state school lunch grant pursuant to Code Section 20-2-187, and the portion to be paid from state funds for all grant programs authorized by this article which involve a local share, except the Quality Basic Education Formula, to the difference in paragraph (2) of this subsection, the result being the amount of state funds which the state board shall allot over the course of the fiscal year to the local school system, except that the amount of state funds allotted may be increased by the midterm adjustment as provided in Code Section 20-2-162. The state board shall, to the extent necessary, reduce the amount of state funds to be allocated to local school systems in support of the Quality Basic Education Program or in support of any of the purposes for which state funds might be allotted to local school systems under this article if the amount of state funds appropriated in support of such program or in support of any one or more of the purposes for which allotments of funds are provided by this article is not adequate to finance the cost of the state portion of such program or such purposes, determined in accordance with this article; and   If a charter system, adding any additional amount which may be earned pursuant to Code Section 20-2-165.1.     The State Board of Education shall, by regulation, provide for distribution of state funds allotted to local units of administration under this article and budgets approved by the state board. The state board is authorized to provide for distribution of state funds to local units of administration at such times and in such manner as will most likely meet the periodic needs of local units for the state allotted funds. In determining the time and manner for distribution of state funds, the state board may consider the time at which local school tax funds shall be collected and made available to local units of administration. State funds to be distributed to local units under this article shall be withdrawn from the state treasury on requisitions to be signed by the State School Superintendent, which shall be signed in accordance with such regulations and directions of the state board.     (Code 1981, §20-2-166, enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1991, p. 94, § 20; Ga. L. 2000, p. 618, § 96; Ga. L. 2008, p. 603, § 2B/HB 881.)   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1987, "Quality Basic Education Formula" was substituted for "Quality Basic Education formula" in paragraph (a)(1) and in the first sentence of paragraph (a)(3).   Editor's notes.   - Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'A Plus Education Reform Act of 2000.'"   OPINIONS OF THE ATTORNEY GENERAL   State board may condition continued state fiscal assistance on implementation of state established reading requirements.   - Although the State Board of Education does not have explicit authority to directly preclude a student in a local school district from progressing from one grade level to another if the child is not capable of reading in the higher grade level, the board may, as a condition of continued state fiscal assistance, require local boards of education to implement state board established reading requirements. 1975 Op. Att'y Gen. No. 75-63.   RESEARCH REFERENCES   Am. Jur. 2d.   - 68 Am. Jur. 2d, Schools, § 119 et seq.   C.J.S.   - 78 C.J.S., Schools and School Districts, § 13.