GA Code § 20-2-260 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 2 - Elementary and Secondary Education|Article 6 - Quality Basic Education|Part 10 - Capital Outlay Funds|§ 20-2-260. Capital Outlay Funds Generally

  It is declared to be the policy of the State of Georgia to assure that every public school student shall be housed in a facility which is structurally sound and well maintained and which has adequate space and equipment to meet each student's instructional needs as those needs are defined and required by this article.   As used in this Code section, the following words or terms shall have the following meanings:   "Addition" refers to square footage of room floor space for instructional or other purposes added to an existing educational facility, whether physically connected thereto or a separate structure located on the same site.   Reserved.   "Capital outlay" includes, but is not necessarily limited to, expenditures which result in the acquisition of fixed assets, existing buildings, improvements to sites, construction of buildings, construction of additions to buildings, retrofitting of existing buildings for energy conservation, and initial and additional equipment and furnishings for educational facilities.   "Construction project" refers to the construction of new buildings, additions or expansion of existing buildings, relocation of existing buildings or portions thereof, renovation or modernization of existing buildings or structures, and procedures and processes connected thereto, related to educational facilities.   "Educational facilities" shall include buildings, fixtures, and equipment necessary for the effective and efficient operation of the program of public education required by this article, which, without limiting the generality of the foregoing, shall include: classrooms; libraries; rooms and space for physical education; space for fine arts; restrooms; specialized laboratories; cafeterias; media centers; building equipment; building fixtures; furnishings; career, technical, and agricultural education labs and facilities to support industry credentialing; related exterior facilities; landscaping and paving; and similar items which the State Board of Education may determine necessary. The following facilities are specifically excluded: swimming pools, tracks, stadiums, and other facilities or portions of facilities used primarily for athletic competition and the central and area administrative offices of local units of administration.   "Educational facilities survey" is defined as a systematic study of present educational facilities and a five-year forecast of future needs.   "Entitlement" refers to the maximum portion of the total need that may be funded in a given year.   "Full-time equivalent student count" is defined as the average of the two full-time equivalent counts pursuant to subsection (d) of Code Section 20-2-160 for a school year.  (8.1) "Industry credentialing" shall have the same meaning as in Code Section 20-2-326.    "Local funds" refers to funds available to local school systems from sources other than state and federal funds except any federal funds designed to replace local tax revenues.   "Local school system's 1 percent local sales tax wealth" is defined as the funds in dollars generated or which could be generated during the year by a 1 percent sales tax.   "Local wealth factor" is defined as the average of the property tax wealth factor and the sales tax wealth factor. The property tax wealth factor is determined by dividing the local school system's net equalized adjusted property tax digest per full-time equivalent student by the state-wide net equalized adjusted property tax digest per full-time equivalent student. The sales tax wealth factor is determined by dividing the local school system's 1 percent local sales tax wealth per full-time equivalent student by the state-wide 1 percent sales tax wealth per full-time equivalent student.   "Net equalized adjusted property tax digest" is defined as the equalized adjusted property tax digest furnished pursuant to Code Section 48-5-274, reduced in accordance with paragraphs (1) and (2) of subsection (a) of Code Section 20-2-164.   "Physical education facility" is defined as any facility which is designed for an instructional program in physical education and shall exclude any spectator stands, lobbies, public restrooms, concession areas, or space normally identified to serve only the interscholastic athletic program in which the school may participate.   "Renovation" or "modernization" or both refers to construction projects which consist of the installation or replacement of major building components such as lighting, heating, air-conditioning, plumbing, roofing, electrical, electronic, or flooring systems; millwork; cabinet work and fixed equipment; energy retrofit packages; or room-size modifications within an existing facility, but excluding routine maintenance and repair items or operations.   "Required local participation" is defined as the amount of funds which must be contributed by local school systems from local funds for each construction project.   "Unhoused students" is defined as those students who are not housed in school facilities which are structurally sound with adequate space as defined by the state board.     The State Board of Education shall adopt policies, guidelines, and standards, pursuant to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," that meet the requirements specified in this Code section. The state board's responsibilities shall include the following:   To adopt policies, guidelines, and standards for the annual physical facility and real property inventory required of each local school system. This inventory shall include, but not be limited to: parcels of land; number of educational facilities; year of construction and design; size, number, and type of construction space; amount of instructional space in permanent and temporary buildings; designations for each instructional space in permanent and temporary buildings occupied by designated state approved instructional programs, federal programs, or local programs not required by the state; local property assessment for bond purposes; outstanding school bonds; and buildings and facilities not in use or rented or leased to individuals or other agencies of government, or used for other than instructional programs required by this article, each identified by its current use. Department of Education staff shall annually review, certify the accuracy of, and approve each local school system's inventory;   To adopt policies, guidelines, and standards for the educational facilities survey required of local school systems. The educational facilities survey shall be initiated by written request of a local board of education. The request may suggest the number of teams and the individuals constituting such teams to participate in the survey. However, it shall be the responsibility of the Department of Education to constitute the makeup of the necessary teams. Said teams shall exclude local residents; employees of the local board of education, the servicing regional educational services agency, and other educational centers and agencies servicing the local board; and individuals deemed unacceptable by the local board. The state board shall establish and maintain qualification standards for participants of survey teams. Each educational facilities survey shall include, but not be limited to, an analysis of population growth and development patterns; assessment of existing instructional and support space; assessment of existing educational facilities; extent of obsolescence of facilities; and recommendations for improvements, expansion, modernization, safety, and energy retrofitting of existing educational facilities. The Department of Education staff shall review and certify as to the accuracy of each educational facilities survey. The state board shall approve or reject the recommendations of the survey team and shall establish appeal procedures for rejected surveys;   To adopt policies, guidelines, and standards for educational facilities construction plans. Local school system facilities construction plans shall include, but not be limited to, a list of construction projects currently eligible for state capital outlay funds, if any; educational facilities projected for abandonment, if any; educational facilities projected as needed five years hence; proposed construction projects for modernization, renovation, and energy retrofitting; proposed construction projects for the purpose of consolidating small, inefficient educational facilities which are less than the minimum size specified in subsection (q) of this Code section; and other construction projects needed to house the instructional programs authorized by provisions of this article;   To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of educational facilities as may be reasonably necessary to assure effective, efficient, and economical operation of the schools and all phases of the public education program provided for under the provisions of this article. Such matters shall include, but not be limited to, the method, manner, type, and minimum specifications for construction and installation of fixtures and equipment in educational facilities; space requirements per student; number and size of classrooms; allowable construction costs based on current annual construction cost data maintained by the Department of Education; and other requirements necessary to ensure adequate, efficient, and economical educational facilities. The state board shall adopt policies or standards which shall allow renovation costs up to the amount of new construction of a replacement facility, provided that the renovated facility provides comparable instructional and supportive space and has an extended life comparable to that of a new facility. Except for satisfying the most recent life safety codes, facilities which are undergoing renovation, modernization, or additions shall otherwise meet requirements applicable to them prior to renovation, modernization, or additions, provided that such additions do not increase the student capacity of the facility substantially above the capacity for which it was designed;   To develop a state-wide needs assessment for purposes of planning and developing policies, anticipating state-wide needs for educational facilities, and providing assistance to local school systems in developing educational facilities plans. The state-wide needs assessment shall be developed from, among other sources, vital statistics published by the Department of Public Health, census data published by the Bureau of the Census, local school system educational facilities and real property inventories, educational facilities surveys, full-time equivalent student projection research, and educational facilities construction plans; shall reflect circumstances where rapid population growth is caused by factors not reflected in full-time equivalent student projection research; and shall give priority to elementary school construction. In addition, the state board shall develop a consistent, systematic research approach to full-time equivalent student projections which will be used in the development of needs within each local unit. Projections shall not be confined to full-time equivalent resident students but shall be based on full-time equivalent student counts which include full-time equivalent nonresident students, whether or not such full-time equivalent nonresident students attend school pursuant to a contract between local school systems and shall also account for properties owned by the Technical College System of Georgia for the purposes of a college and career academy. The full-time equivalent projection shall be calculated in accordance with subsection (m) of this Code section. The survey team will use such projections in determining the improvements needed for the five-year planning period. The state board shall also develop schedules for allowable square footage and cost per square foot and review these schedules annually. The cost estimate for each recommended improvement included in the plan shall be based on these schedules. Any increase in cost or square footage for a project beyond that allowed by state board schedules for such projects shall be the responsibility of the local school system and shall not count toward present or future required local participation. The schedules for allowable square footage and cost per square foot shall be specified in regulations by the State Board of Education;   To adopt policies, standards, and guidelines to ensure that the provisions of subsections (e), (f), (g), (h), (i), and (k.1) of this Code section relating to uses of state capital outlay funds, state and local share of costs, entitlements, allocation of capital outlay funds, advance funding for certain construction projects, and consolidation of schools across system lines are carried out;   To review and approve proposed sites and all architectural and engineering drawings and specifications on construction projects for educational facilities to ensure compliance with state standards and requirements, and inspect and approve completed construction projects financed in whole or in part with state funds. The state board may designate selected local units of administration which have staff qualified for such purposes to act on behalf of the Department of Education in such inspections;   To coordinate construction project reviews with the state fire marshal's office and the Department of Public Health;   To provide procedures whereby local school systems may revise their educational facilities plans or the priority order of construction projects requested to reflect unforeseen changes in locally identifiable needs, which revisions shall be approved by the State Board of Education, providing that such revisions meet state and local building codes, fire marshal certification, architectural requirements, and minimum size requirements under subsection (q) of this Code section; and   To adopt uniform rules, regulations, policies, standards, and criteria respecting all location, construction, equipping, operating, maintenance, and use of education facilities which are used as schools and that are historic landmarks and which are registered as historic landmarks with the National Register of Historic Places or the Georgia Register of Historic Places or are certified by the state historic preservation officer as eligible for such registration and the expenditure of capital outlay funds otherwise available to a school system for such purposes.     In order to qualify for and receive state capital outlay funds in accordance with provisions of subsections (g) and (h) of this Code section, each local school system must meet the following conditions and requirements:   Prepare and annually update the real property inventory in accordance with provisions of subsection (c) of this Code section;   Complete a local educational facilities plan in accordance with provisions of subsection (c) of this Code section. Each proposed construction project shall be identified according to the purposes for capital outlay funds as provided in subsection (e) of this Code section. Each local school system shall specify the order of importance of all proposed construction projects, giving priority to elementary school construction projects. When two or more local school systems agree on the need for a consolidation project pursuant to subsection (e) of this Code section, the estimated construction cost shall be prorated to the participating local school systems and included with their identification of needs in accordance with the proportion of the number of students to be served from each local school system;   Prepare and annually update the local educational facilities needs in accordance with provisions of subsection (c) of this Code section;   Complete a comprehensive educational facilities survey at least once every five years in accordance with provisions of subsection (c) of this Code section in order to formulate plans for educational facilities to house adequately the instructional program authorized by this article. Prior to initiating the survey, the local school system must file a written request with the State Board of Education that a survey be done in its behalf and recommending the individuals who will conduct it. The cost of the survey shall be paid from local funds;   Submit requests for capital outlay funds to the Department of Education;   Submit descriptions of proposed educational facility sites and all architectural and engineering drawings and specifications for educational facilities to the Department of Education for review and approval in accordance with provisions of subsection (c) of this Code section;   Revise the local educational facilities plan and priority order of requested construction projects in accordance with provisions of subsection (c) of this Code section;   Provide required local participation; and   The Bryan County and Laurens County school systems shall be considered sparsity systems under Code Section 20-2-292 due to barriers which divide each of the systems for the purpose of capital outlay funding. The State Board of Education shall not apply base size criteria or require other criteria under Code Section 20-2-292 to Bryan County and Laurens County when qualifying requested construction projects under this Code section.     State capital outlay funds for educational facilities appropriated in accordance with provisions of this Code section shall be used for the following purposes:   To provide construction projects needed because of increased student enrollment or to replace educational facilities which have been abandoned or destroyed by fire or natural disaster and which shall consist of new buildings and facilities on new sites or new additions to existing buildings and facilities, or relocation of existing educational facilities or portions thereof to different sites;   To provide construction projects to renovate, modernize, or replace educational facilities in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments;   To provide construction projects for new additions to existing educational facilities or relocation of existing educational facilities or portions thereof to different sites in order to house changes in the instructional program authorized and funded under provisions of this article or new educational facilities on new sites or new additions to existing ones as a result of internal population shifts or changes in attendance zones within the local school system;   To provide construction projects to consolidate educational facilities which have fewer pupils than required for the minimum school population specified in subsection (q) of this Code section or which are too expensive to renovate or modernize due to obsolescence or location and which shall consist of new educational facilities on new sites, new additions to existing sites, or relocation of existing educational facilities or portions thereof to different sites;   To provide construction projects to consolidate the total student populations in elementary, middle, or high schools across local school system lines. In such projects, there shall be no requirement to include a vocational wing as defined within the high school structure but neither shall such vocational wing be excluded for funding purposes;   To reimburse local school systems for current principal payments on local indebtedness for state approved construction projects for educational facilities. No local school system may request funds for the purposes of this paragraph unless and until all construction projects identified in its construction plan for the purposes of paragraphs (1) through (5) of this subsection have been completed;   To provide construction projects to renovate or modernize facilities which are historic landmarks and are registered as historic landmarks with the National Register of Historic Places or the Georgia Register of Historic Places or are certified by the state historic preservation officer as eligible for such registration in order to correct deficiencies which produce educationally obsolete, unsafe, inaccessible, energy inefficient, or unsanitary physical environments; provided, however, that local school boards shall be required to use the facility which is or is eligible to be a historic landmark as a public school. Notwithstanding any other provisions of this Code section and without regard to location or obsolescence, the state board shall allocate funds to renovate and modernize historic landmark facilities which meet the requirements of this paragraph in an amount which is the lesser of the cost of new construction to replace the historic landmark or the actual cost of such renovation and modernization; provided, however, that the renovated facility has an extended life comparable to that of a new facility; and provided, further, that the local school system shall provide the remaining necessary capital outlay funds to renovate the facility in accordance with all other requirements of this Code section. No lottery proceeds shall be appropriated from the Lottery for Education Account to fund any project or purpose authorized by this paragraph; and   To provide construction projects that serve cooperative efforts between local school systems and postsecondary institutions.     The state and each local school system shall provide capital outlay funds for educational facilities in accordance with this subsection as follows:   The required local participation shall be no more than 20 percent nor less than 8 percent of the eligible project cost as determined by the local ability ratio. The local ability ratio is determined by multiplying the local wealth factor by 20 percent; and   The state shall participate in no more than 25 percent of the cost of construction projects related to damage to educational facilities caused by fire or natural disaster.       In order to determine a reasonable total funding level for the purposes stated in subsection (e) of this Code section and to establish a fair and equitable distribution of funds to local school systems, the State Board of Education shall annually determine a level of authorization. Starting with fiscal year 2014 applications for funds and for each fiscal year thereafter, the new authorization level may equal zero but shall not exceed $300 million, adjusted annually to reflect the changes in the current annual construction cost data maintained by the Department of Education pursuant to paragraph (4) of subsection (c) of this Code section. For purposes of deliberations with the Governor and the General Assembly regarding the amount of state funds to be appropriated, calculations shall be made for at least three levels below the $300 million maximum authorization, adjusted as specified in this paragraph.   In setting the annual authorization level under this subsection, the state board shall consider any previously authorized but unfunded amounts together with the total estimate of funds needed for school facilities in the state. Such total state facilities needs pursuant to this subsection shall be equal to the total facility improvement needs included in the most recent five-year educational facilities plan which has been reviewed by a survey team and approved by the state board. Such needs shall annually be adjusted downward for projects financed by either state or local funds and shall annually be adjusted upward or downward to reflect changes in the full-time equivalent student counts but shall not be otherwise adjusted upward except upon approval of a new or revised five-year plan pursuant to subsections (c) and (d) of this Code section.   Each local school system shall be entitled to a portion of the total authorization set by the state board annually under this subsection based on the ratio of that local school system's needs as determined pursuant to paragraph (2) of this subsection to the total of all local school systems' needs. In addition to the annual entitlement, the local school system is eligible to receive any entitlement accrued from previous years for which state funds have not yet been received. Any change in the method of determining entitlements in subsequent years shall in no way affect the amount of previously accrued entitlements.   In order to determine the amount of state funds to be requested for a given fiscal year under this subsection, total new and accrued entitlements must be compared to the state portion of the current cost estimates of the projects approved in the educational facilities plan in priority order. Such comparison shall be made for each of the incremental entitlement levels required in paragraph (1) of this subsection. In the event that projects requested for funding exceed the total state entitlements and required local participation, local school systems may elect to contribute additional local funding.   The final level of entitlements actually authorized by the state board for a fiscal year shall be that level which is consistent with the appropriations Act for that year.   The entitlements earned by a local school system as of June 30, 2012, pursuant to former subsection (j) of this Code section as it existed on such date shall be combined with any entitlements of such local school system earned pursuant to this subsection.     A local school system may receive state capital outlay funds for one construction project under the advance funding category to meet educational facilities needs due to the following:   Extraordinary growth of student population in excess of the capacity of existing facilities;   Destruction of or damage to educational facilities by fire or natural disaster, limited by the provisions of paragraph (2) of subsection (f) of this Code section;   Replacement of educational facilities which have been certified as hazards to health or safety;   Projects, in priority order, which would otherwise require more than five years of the combined annual entitlement and required local participation amounts, estimated in accordance with the total entitlement intended for authorization by the State Board of Education; and   Projects for consolidation of schools across local school system lines which have costs that exceed the combined annual entitlements of the participating local school systems. Such projects shall meet, with the exception of paragraph (2) of this subsection, the following conditions to qualify for advance funding:   The local school systems have specifically requested funding under this subsection prior to submission of the annual budget request for the state board to the General Assembly;   Annual entitlements accrued under subsection (g) of this Code section have offset any advance funding previously granted, except that no more than five years of combined entitlements of the participating local school systems shall be required to offset advance funding for consolidation projects pursuant to paragraph (5) of subsection (e) of this Code section;   The projects to be funded are not in addition to projects funded for local school systems under the provisions of subsection (g) of this Code section in a given year; and   The required local participation and all other procedural requirements of this Code section are met.       Local school systems may receive capital outlay funds for construction projects to consolidate or reorganize schools under an advance funding category; provided, however, that each construction project meets the following conditions:   A school size and organizational study has been completed by the Department of Education;   The local school system has adopted a comprehensive plan to reorganize so that each school within the system funded under this subsection shall meet or exceed the minimum sizes specified in subsection (q) of this Code section or contain all the students within the local school system for the respective school level; provided, however, that nothing contained in this subsection shall be construed so as to require an existing school to change its current grade configuration;   The local facilities plan to implement this reorganization or consolidation of schools has been approved by a comprehensive survey team and the State Board of Education;   The project proposed for advance funding must be accomplished in order for the reorganization or consolidation to be implemented; provided, however, that the proposed project may include renovation and modification of existing facilities, as well as additions to existing facilities and construction of new facilities if the reorganization or consolidation cannot be implemented until these activities have been completed;   The combined project total would otherwise require more than five years of the combined annual entitlement and required local participation, with said combined annual entitlement and required local participation amount estimated in accordance with the total entitlement intended for authorization by the state board;   A schedule for funding the activities required to effect the reorganization or consolidation has been developed as a part of the organizational study, incorporated into the local facilities plan, and approved by the local board of education and the state board, and the funding for those activities required to effect the reorganization or consolidation will be scheduled over a one to five-year period;   The project to be funded is not in addition to projects funded for a given local school system under the provisions of subsection (g) of this Code section for the fiscal year in which it is to be funded; and   The required local participation and all other procedural requirements of this Code section are met.     The State Board of Education shall establish an annual competitive grant program for renovation, modernization, replacement, or purchase of equipment for the enhancement of programs that are currently certified or in the process of achieving industry certification in educational facilities that align with industry credentials on the list developed pursuant to Code Section 20-2-159.1 or have been (1) linked to an occupation that addresses a critical local or state-wide workforce need, (2) linked to an occupation that is identified as part of the skilled trade industry, or (3) linked to an occupation that is identified in an emerging field or technology. The State Board of Education in awarding grants shall give priority to local programs that demonstrate local industry support and postsecondary partnerships that are linked to the verified industry need.   The State Board of Education shall request separate appropriations for each of the following categories:   Regular entitlements pursuant to subsection (g) of this Code section;   Regular advance funding projects pursuant to paragraphs (1) through (4) of subsection (h) of this Code section;   Construction projects resulting from the consolidation of schools across local school system lines pursuant to paragraph (5) of subsection (h) of this Code section;   Construction projects resulting from merger of local school systems pursuant to subsection (a) of Code Section 20-2-291 or by agreement between two or more local school systems;   Advance funding projects for consolidation or reorganization of schools pursuant to subsection (i) of this Code section; and   Equipment grants to enhance industry credentialing pursuant to subsection (j) of this Code section.   Identification of each school to be closed and location of each new or existing school to which the students in the school or schools to be closed will be reassigned;   Proposed size of each new school in terms of number of students and grade configuration;   Proposed expansion of existing schools designed to accommodate students being reassigned from the school or schools to be closed;   Total cost, including breakdown for state and local shares, for school construction projects required to house students being reassigned from the school or schools to be closed. Local costs shall include identifying proposed sources of funds, whether from bond referendum proceeds or other sources; and   Plans for use or disposal of closed school property; and  The board of education shall request formal, written comments or suggestions regarding the system's organizational pattern or school sizes and shall allow appropriate discussion during the public hearings.        In the event the General Assembly is unable to appropriate the funds needed for a fiscal year to finance the total request of the State Board of Education under this Code section, the following priorities shall apply to the funds appropriated:   Facility projects requested pursuant to subsection (g) of this Code section;   Reserved;   Facility projects requested pursuant to paragraphs (1) through (4) of subsection (h) of this Code section, subject to the following subpriorities:   Facility projects needed to address extraordinary growth;   Facility projects resulting from destruction or damage caused by fire or natural disaster;   Facility projects needed to address hazards to health or safety; and   Facility projects needed for unhoused students;     Facility projects needed to effectuate local school system mergers pursuant to subsection (a) of Code Section 20-2-291;   Facility projects requested pursuant to paragraph (4) of subsection (h) of this Code section, subject to the following subpriorities:   Students housed in substandard or obsolete facilities;   Facility projects designed to consolidate schools smaller than the minimum sizes specified in subsection (q) of this Code section; and   Facility projects designed to meet state board requirements or for modernization;     Facility projects needed to develop schools which will serve students across local school system lines pursuant to subsection (b) of Code Section 20-2-291; and   Facility projects requested pursuant to subsection (i) of this Code section, subject to the same order of subpriorities specified in paragraphs (3) and (5) of this subsection.     The State Board of Education shall implement a computerized student projection program for each school system in Georgia as a component of the state-wide comprehensive educational information system.The program shall be used in this subsection to forecast facility needs in each system by projecting full-time equivalent student counts for each grade level and shall be written in the educational facilities survey.The projection program methodology at least must correlate live-birth data to full-time equivalent student counts and project full-time equivalent student counts for each of the grades, including kindergarten, for each of the next five years using cohort survival.   The State Board of Education shall request funds for capital outlay purposes as defined in subsections (a) through (i) of this Code section for each school system and project, giving priority to elementary school construction projects where practicable. For each project, the state board shall present to the Appropriations Committees of the House of Representatives and the Senate, the House Education Committee, and the Senate Education and Youth Committee by object of expenditure all costs contributing to the construction project. This itemization shall include, but not be limited to, architectural fees, new construction, modification, and renovation costs for the project. Itemization for additions, modifications, and renovations shall include type of classrooms by purpose, estimated square footages, and costs for hallways, restrooms, administrative offices, lunchrooms, and media centers. Costs for new facilities shall be budgeted by the current construction cost times the total square footage required.   Reserved.   Reserved.   Construction projects which are identified by the local board pursuant to subsections (c) and (d) of this Code section and which contain a projected full-time equivalent student count of more than 200 students in an elementary school, 400 students in a middle school, and 500 students in a high school, as defined in subsection (c) of Code Section 20-2-291, or which contain all the students within the local school system for such respective school level shall be eligible to receive full capital outlay funding under the conditions specified in subsections (g), (h), and (i) of this Code section; provided, however, that nothing contained in this subsection shall be construed so as to require an existing school to change its current grade configuration.   Reserved.     An appropriation for public school outlay for any one fiscal year that is in addition to the annual fiscal year appropriation for school capital outlay will be deemed a "special appropriation for school capital outlay" for purposes of this subsection when:   The appropriation is to the Georgia State Financing and Investment Commission; and   The Office of Planning and Budget confirms that a separate and substantial appropriation for public school capital outlay has been made during the same fiscal year to the board and Department of Education under another subsection of this Code section.     The State Board of Education shall promulgate rules, policies, standards, and guidelines for the disbursement and application of any special appropriation for school capital outlay and these rules, policies, standards, and guidelines shall be utilized by the commission in making disbursements and overseeing applications of said special appropriation. The state board may provide for disbursement for any capital outlay purpose permitted by this Code section, unless purposes are stated more narrowly by the special appropriation, and may provide for amendments to facilities plans for the limited purpose of this paragraph. The board may set priorities among the permitted purposes and may require each school system to apply its portion first to such priorities.   Each local school system shall be entitled to its portion of a special appropriation for school capital outlay based on the ratio of that system's needs to the total state-wide need. The state board will provide for the determination of need as provided in this subsection and as otherwise provided in this Code section. No need will be authorized which is not a permitted capital outlay purpose under this Code section.   In providing for disbursement, the state board will determine whether:   To require local participation in capital expenditures funded by the special appropriation for school capital outlay. No local participation will be required which exceeds that otherwise required by this Code section; and   To allow a special appropriation for school capital outlay to be applied to reimbursement of current principal payments on local indebtedness.  In making its determination, the board will consider the efficient and economical use of the special appropriation for school capital outlay and local revenues.      In providing for disbursement and application of a special appropriation for school capital outlay, the state board and the Georgia State Financing and Investment Commission will not be subject to Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."       In the event of destruction or damage to an educational facility caused by fire or natural disaster, if a local school system has insufficient funds to meet its required local participation, the school system may submit a request to the Department of Education for State Board of Education approval to redirect bond proceeds from a project which has not been started or in which a school system has not yet requested the full reimbursement. Such request to redirect shall be submitted by the board to the Georgia State Financing and Investment Commission and the Office of Planning and Budget for approval. If such request is approved, the local school system shall apply for an equivalent amount of funds in the following year to replace the funds advanced to it pursuant to this paragraph.   In the event of destruction or damage to an educational facility caused by a fire or natural disaster in which the majority of the facility is destroyed or damaged, a local school system shall be immediately qualified for and may receive regular state capital outlay funds pursuant to paragraph (1) of subsection (e) of this Code section and regular advance funding pursuant to paragraph (2) of subsection (h) of this Code section for the concurrent update, repair, or replacement of the portion of the facility that was not destroyed or damaged so long as the facility is 20 years old or older.      (k.1)Prior to a local board of education's decision becoming effective to close any existing school where such closing results in the transporting of students from the school to be closed to any new or existing school or schools even though no additional capital funding is required as a result of the assignment thereto of those students from any school to be so closed, the local board of education shall conduct the following:   The board of education must schedule and hold two public hearings and provide an opportunity for full discussion of the local board of education's proposal to close such school or schools;   The public hearings shall be advertised in a local newspaper of general circulation which shall be the same newspaper in which other legal announcements of the board of education are advertised and shall include, but not be limited to:    (Code 1981, §20-2-260, enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1991, p. 1531, § 5.1; Ga. L. 1992, p. 6, § 20; Ga. L. 1992, p. 1335, § 4; Ga. L. 1992, p. 3164, §§ 2-5; Ga. L. 1992, p. 3211, § 1; Ga. L. 1994, p. 1325, § 1; Ga. L. 1995, p. 10, § 20; Ga. L. 1996, p. 6, § 20; Ga. L. 1996, p. 1603, §§ 2-4; Ga. L. 1997, p. 1516, § 1; Ga. L. 1998, p. 1080, § 2; Ga. L. 2000, p. 618, §§ 43, 94; Ga. L. 2001, p. 148, § 13; Ga. L. 2005, p. 60, § 20/HB 95; Ga. L. 2006, p. 743, § 4/SB 515; Ga. L. 2009, p. 303, § 8/HB 117; Ga. L. 2009, p. 453, § 1-20/HB 228; Ga. L. 2010, p. 162, §§ 1, 2/HB 905; Ga. L. 2011, p. 705, § 6-3/HB 214; Ga. L. 2012, p. 202, §§ 1-17/HB 760; Ga. L. 2012, p. 775, § 20/HB 942; Ga. L. 2018, p. 731, § 6/SB 3; Ga. L. 2019, p. 1050, § 1/SB 67; Ga. L. 2019, p. 1056, § 20/SB 52.)    The 2018 amendment,  effective July 1, 2018, inserted "career, technical, and agricultural education labs and facilities to support industry credentialing," near the end of the first sentence of paragraph (b)(5); added paragraph (b)(8.1); added "and shall also account for properties owned by the Technical College System of Georgia for the purposes of a college and career academy" at the end of the fourth sentence of paragraph (c)(5); substituted the present provisions of subsection (j) for the former provisions, which read: "Reserved."; in paragraph (k)(4), inserted "or by agreement between two or more local school systems" near the end and deleted "and" at the end; substituted "; and" for a period at the end of paragraph (k)(5); and added paragraph (k)(6).    The 2019 amendments.  The first 2019 amendment, effective July 1, 2019, designated the existing provisions of subsection (t) as paragraph (t)(1), substituted "this paragraph" for "this subsection" at the end, and added paragraph (t)(2). The second 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, revised punctuation in paragraph (b)(5); and substituted "the appropriations Act" for "the Appropriations Act" in paragraph (g)(5).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1987, "full-time equivalent" was substituted for "FTE" in paragraph (b)(8), paragraph (c)(5), subparagraph (g)(2)(A), and subsection (m).   Ga. L. 2012, p. 775, § 54(e)/HB 942, not codified by the General Assembly, provides: "In the event of an irreconcilable conflict between a provision in Sections 1 through 53 of this Act and a provision of another Act enacted at the 2012 regular session of the General Assembly, the provision of such other Act shall control over the conflicting provision in Sections 1 through 53 of this Act to the extent of the conflict." Accordingly, the amendment to paragraph (j)(5) of this Code section by Ga. L. 2012, p. 775, § 20(3)/HB 942, was not given effect.   Editor's notes.   - Ga. L. 1992, p. 3164, § 6, not codified by the General Assembly, provides: "Nothing contained in this Act shall affect any payment or allocation to any board of education of a local system as a result of bond proceeds authorized and sold under the provisions of House Bill 1262, Supplemental Appropriations Bill, passed on February 10, 1992, and payment shall be made to said boards of education as provided for in said House Bill 1262."   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. 2009, p. 303, § 20/HB 117, not codified by the General Assembly, provides that: "This Act is intended to reflect the current internal organization of the Georgia Senate and House of Representatives and is not otherwise intended to change substantive law. In the event of a conflict with any other Act of the 2009 General Assembly, such other Act shall control over this Act."   Ga. L. 2010, p. 162, § 4/HB 905, not codified by the General Assembly, repeals Ga. L. 2001, p. 148, § 21 and Ga. L. 2008, p. 288, § 1, effective May 20, 2010.   Ga. L. 2012, p. 202, § 19/HB 760, not codified by the General Assembly, provides that this Act shall apply beginning with Fiscal Year 2014 applications for funds and for each fiscal year thereafter.   Ga. L. 2018, p. 731, § 1/SB 3, not codified by the General Assembly, provides: "This Act shall be known and may be cited as the 'Creating Opportunities Needed Now to Expand Credentialed Training (CONNECT) Act.'"   Law reviews.   - For review of 1998 legislation relating to education, see 15 Ga. St. U.L. Rev. 101 (1998). For article on the 2011 amendment of this Code section, see 28 Ga. St. U.L. Rev. 147 (2011).   JUDICIAL DECISIONS   Retroactive application.    - When the county board of education submitted the board's funding request to the state in 1990, well before the enactment of subsection (k.1) of O.C.G.A. § 20-2-260, in 1992 the subsection (k.1) could be applied retroactively. Powell v. Studstill, 264 Ga. 109, 441 S.E.2d 52 (1994).    Meeting requirement of O.C.G.A. § 20-2-260 must have been legislatively intended to apply to those local boards which applied for state funding before the effective date of subsection (k.1) of O.C.G.A. § 20-2-260 and which thereafter found themselves embroiled in litigation seeking to prevent planned consolidation; therefore, subsection (r) of that section was intended to have retrospective effect. Powell v. Studstill, 264 Ga. 109, 441 S.E.2d 52 (1994).    Cited in  United States v. Georgia, 19 F.3d 1388 (11th Cir. 1994); United States v. Georgia, 171 F.3d 1333 (11th Cir. 1999).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 23-1702 and former Code Section 20-2-250, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.   State board may impose competitive bidding requirements on local boards.   - This section would permit the State Board of Education to impose competitive bidding requirements on local school boards when state capital outlay funds are involved. 1977 Op. Att'y Gen. No. 77-32 (decided under former Code 1933, § 23-1702).   Favoring certain groups conflicts with acceptance of low bid.   - Atlanta Board of Education bidding process, to the extent it requires that bidders establish a minority and female business participation plan, conflicts with the Georgia Board of Education rule that capital outlay contracts be awarded to the responsible bidder submitting the low bid. 1993 Op. Att'y Gen. No. 93-23.    Local systems which desire to consolidate across system lines  must include such projects as part of their five-year construction plans and receive entitlements based upon those needs. 1983 Op. Att'y Gen. No. U83-43 (decided under former Code Section 20-2-250).   Accrued entitlements applied to consolidated system projects.   - When local systems which desire to consolidate grades seven through 12 across system lines include such projects as part of their five-year construction plans and are funded, the accrued entitlements of the local systems are applied to the consolidation projects. 1983 Op. Att'y Gen. No. U83-43 (decided under former Code Section 20-2-250).   Eligibility for facilities funding.    - Local board of education which voluntarily consolidates two high schools, thereby obtaining a number of full-time students of 485 or more but less than 970 students, and which complies with the capital outlay requirements of O.C.G.A. § 20-2-260 is eligible for facilities funding under O.C.G.A. § 20-2-291(b) if the new high school will serve more than 485 full-time equivalent students. 1986 Op. Att'y Gen. No. U86-37.   Reduction in local participation under capital outlay program.   - State Board of Education can determine, pursuant to the board's rulemaking power, the reduction in local participation under the capital outlay program of APEG by adding the annual debt service payments for each year in which the entitlement is granted. 1982 Op. Att'y Gen. No. 82-77 (decided under former Code Section 20-2-250).