GA Code § 20-2-320 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 2 - Elementary and Secondary Education|Article 6 - Quality Basic Education|Part 15 - Miscellaneous Provisions|§ 20-2-320. State-Wide Comprehensive Educational Information System; Identification of Data to Implement Quality Basic Education Program

  There shall be a state-wide comprehensive educational information system which will provide for the accurate, seamless, and timely flow of information from local and regional education agencies, units of the University System of Georgia, and technical schools and colleges to the state. The system design shall include hardware, software, data, collection methods and times, training, maintenance, communications, security of data, and installation specifications and any other relevant specifications needed for the successful implementation of the system. The state-wide comprehensive educational information system shall not use a student's social security number or an employee's social security number in violation of state or federal law to identify a student or employee. Upon approval of the boards of the respective education agencies, such boards shall issue appropriate requests for proposals to implement a state-wide comprehensive educational information system, subject to appropriation by the General Assembly. The boards of the respective education agencies, at the direction of the Education Coordinating Council, shall initiate contracts with appropriate vendors and local units of administration for the procurement of services, purchase of hardware and software, and for any other purpose as directed by the Education Coordinating Council, consistent with appropriation by the General Assembly.   The State Board of Education, the State Board of the Technical College System of Georgia, the Board of Regents of the University System of Georgia, and the Department of Early Care and Learning shall require an individual student record for each student enrolled which at a minimum includes the data specifications approved by the Education Coordinating Council. The Professional Standards Commission shall maintain an individual data record for each certificated person employed in a public school.   For the purpose of this article, authorized educational agencies shall be the Department of Education; the Department of Early Care and Learning; the Board of Regents of the University System of Georgia; the Technical College System of Georgia; the Education Coordinating Council; the Professional Standards Commission; the Office of Student Achievement; the education policy and research components of the office of the Governor; the Office of Planning and Budget; the Senate Budget and Evaluation Office; and the House Budget and Research Office.Any information collected over the state-wide comprehensive educational information system, including individual student records and individual personnel records, shall be accessible by authorized educational agencies, provided that any information which is planned for collection over the system but which is temporarily being collected by other means shall also be accessible by authorized educational agencies and provided, further, that adequate security provisions are employed to protect the privacy of individuals.All data maintained for this system shall be used for educational purposes only.In no case shall information be released by an authorized educational agency which would violate the privacy rights of any individual student or employee.Information released by an authorized educational agency in violation of the privacy rights of any individual student or employee shall subject the authorized educational agency to all penalties under applicable state and federal law.Any information collected over the state-wide comprehensive educational information system which is not stored in an individual student or personnel record format shall be made available to the Governor and the House and Senate Appropriations Committees, the House Committee on Education, the Senate Education and Youth Committee, the House Committee on Higher Education, and the Senate Higher Education Committee, except information otherwise prohibited by statute.Data which are included in an individual student record or individual personnel record format shall be extracted from such records and made available in nonindividual record format for use by the Governor, committees of the General Assembly, and agencies other than authorized educational agencies.   The Department of Education shall request sufficient funds annually for the operation, training of appropriate personnel, and maintenance and enhancements of the system.   In a phased approach, the state-wide comprehensive educational information system shall be fully completed subject to appropriation by the General Assembly for this purpose. During the phased implementation of the system, highest priority shall be given to the electronic transmission of complete full-time equivalent counts, the uniform budgeting and accounting system, and complete salary data for each local school system. All pre-kindergarten programs, local units of administration for grades kindergarten through 12, technical schools and colleges, public libraries, public colleges and universities, and regional educational service agencies shall provide data as required by their respective boards and agencies. Notwithstanding any provision of this Code section to the contrary, no local school system shall earn funds under Code Section 20-2-186 for superintendents, assistant superintendents, or principals if the local unit of administration fails to comply with the provisions of this Code section.   Notwithstanding any other provision of law, the Department of Education is authorized to and shall obtain and provide to the Department of Driver Services, in a form to be agreed upon between the Department of Education and the Department of Driver Services, enrollment, expulsion, and suspension information regarding minors 15 through 17 years of age reported pursuant to Code Sections 20-2-690 and 20-2-697, to be used solely for the purposes set forth in subsection (a.1) of Code Section 40-5-22.     (Code 1981, §20-2-306, enacted by Ga. L. 1985, p. 1657, § 1; Code 1981, §20-2-320, as redesignated by Ga. L. 1987, p. 1169, § 1; Ga. L. 1988, p. 1848, § 3; Ga. L. 1990, p. 1256, § 3; Ga. L. 1997, p. 760, § 3; Ga. L. 2000, p. 618, § 58; Ga. L. 2001, p. 4, § 20; Ga. L. 2004, p. 107, § 8; Ga. L. 2004, p. 645, § 16; Ga. L. 2005, p. 60, § 20/HB 95; Ga. L. 2005, p. 798, § 5/SB 35; Ga. L. 2008, p. VO1, § 1-10/HB 529; Ga. L. 2008, p. 335, § 2/SB 435; Ga. L. 2008, p. 1015, § 7/SB 344; Ga. L. 2011, p. 632, § 3/HB 49; Ga. L. 2014, p. 866, § 20/SB 340; Ga. L. 2015, p. 5, § 20/HB 90; Ga. L. 2015, p. 60, § 3-1/SB 100; Ga. L. 2016, p. 846, § 20/HB 737.)    The 2014 amendment,  effective April 29, 2014, part of an Act to revise, modernize, and correct the Code, in subsection (c), in the first sentence, substituted "Senate Budget and Evaluation Office" for "Senate Budget Office", substituted "House Budget and Research Office" for "House Budget Office", and substituted "House and Senate Appropriation Committees, the House Committee on Education, the Senate Education and Youth Committee, the House Committee on Higher Education, and the Senate Higher Education Committee" for "House and Senate Appropriations, Education, Education and Youth, and Higher Education committees" in the last sentence.    The 2015 amendments.  The first 2015 amendment, effective March 13, 2015, part of an Act to revise, modernize, and correct the Code, in subsection (c), substituted "and the House Budget and Research Office" for "the House Budget and Research Office; the House Research Office; and the Senate Research Office" in the first sentence, and substituted "Appropriations Committees" for "Appropriation Committee" in the next-to-last sentence. The second 2015 amendment, effective July 1, 2015, substituted "Driver Services" for "Public Safety" and substituted "expulsion" for "attendance" in subsection (f).    The 2016 amendment,  effective May 3, 2016, part of an Act to revise, modernize, and correct the Code, deleted "recommended by the steering committee and" following "data specifications" near the end of the first sentence of subsection (b).   Code Commission notes.   - The amendments of subsection (a) of this Code section by Ga. L. 2008, p. VO1, §§ 1-10/HB 529, and Ga. L. 2008, p. 335, § 2/SB 435, irreconcilably conflicted with and were treated as superseded by Ga. L. 2008, p. 1015, § 7/SB 344. See County of Butts v. Strahan, 151 Ga. 417 (1921).   Editor's notes.   - See the Editor's notes at the beginning of repealed Article 6.1 of this chapter for information as to the repeal of the former Code section.   Ga. L. 1997, p. 760, § 27(a), not codified by the General Assembly, provides: "Except as otherwise provided in subsection (b) of this Code section, this Act shall become effective on July 1, 1997, and shall apply to offenses committed on or after that date and, except for subsection (b.1) of Code Section 40-5-67.1 as enacted by this Act, this Act shall not apply to offenses committed prior to that date."   Ga. L. 2000, p. 618, § 1, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'A Plus Education Reform Act of 2000.'"   Ga. L. 2008, p. VO1, which amended this Code section, was passed by the General Assembly as HB 529 at the 2007 regular session but vetoed by the Governor on May 30, 2007. The General Assembly overrode that veto on January 28, 2008, and the Act became effective on that date.   Ga. L. 2015, p. 60, § 6-1/SB 100, not codified by the General Assembly, provides in part that the amendment of this Code section shall apply to offenses which occur on or after July 1, 2015.   Law reviews.   - For article commenting on the 1997 amendment of this Code section, see 14 Ga. St. U.L. Rev. 203 (1997).   OPINIONS OF THE ATTORNEY GENERAL   Collection of individually identifiable data.    - O.C.G.A. § 20-2-320 does not authorize the collection of individually identifiable data on each student, teacher, and school system employee as a part of a state-wide information system for the implementation of the Quality Basic Education Program. 1987 Op. Att'y Gen. No. 87-1.