reglab/housing_qa huggingface dataset:
GA Code § 20-1A-5 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 1A - Early Care and Learning|Article 1 - General Provisions|§ 20-1A-5. Impact of Transfer of Operations on Individuals

 This chapter shall not be construed to impair or affect the rights of persons previously transferred to the Office of School Readiness who were members of the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 and who elected to continue membership in such retirement system in accordance with previous law.    (Code 1981, §20-1A-5, enacted by Ga. L. 1996, p. 167, § 2; Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401.)   Editor's notes.   - Ga. L. 2015, p. 965, § 1/HB 401, reenacted this Code section without change.
GA Code § 20-1A-6 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 1A - Early Care and Learning|Article 1 - General Provisions|§ 20-1A-6. Department to Succeed to Applicable Rules and Regulations

 The department shall succeed to all rules, regulations, policies, procedures, and pending and finalized administrative orders of the Office of School Readiness which are in effect on September 30, 2004. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the board or commissioner, as applicable.    (Code 1981, §20-1A-6, enacted by Ga. L. 1996, p. 167, § 2; Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401.)   Editor's notes.   - Ga. L. 2015, p. 965, § 1/HB 401, reenacted this Code section without change.
GA Code § 20-1A-7 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 1A - Early Care and Learning|Article 1 - General Provisions|§ 20-1A-7. Pre-Kindergarten Name Change Required in Publications, Posters, Banners, and Signs

 Each newly printed publication, poster, banner, or sign created for the pre-kindergarten program by the department or a provider of pre-kindergarten services shall refer to the program as "Georgia's Pre-K Program."    (Code 1981, §20-1A-7, enacted by Ga. L. 2002, p. 1083, § 2; Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401.)   Editor's notes.   - Ga. L. 2015, p. 965, § 1/HB 401, reenacted this Code section without change.
GA Code § 20-1A-9 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 1A - Early Care and Learning|Article 1 - General Provisions|§ 20-1A-9. Authority to License and Regulate Child Care Learning Centers and Family Child Care Learning Homes Transferred to Department

 The department shall succeed to all rights and responsibilities relating to licensure and regulation of day-care centers (now known as child care learning centers), group day-care homes (now known as child care learning centers), and family day-care homes (now known as family child care learning homes), including such rules, regulations, policies, procedures, and pending and finalized administrative orders of the Department of Human Resources (now known as the Department of Human Services), the Georgia Child Care Council, and the Office of State Administrative Hearings, where applicable, which are in effect on September 30, 2004, and which relate to the functions transferred to the department pursuant to Code Section 20-1A-8. Such rights, responsibilities, licenses issued pursuant to previous law, procedures, and orders shall remain in effect until amended, repealed, superseded, or nullified by the commissioner. Such rules, regulations, and policies shall remain in effect until amended, repealed, superseded, or nullified by the board.    (Code 1981, §20-1A-9, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2009, p. 453, § 2-12/HB 228; Ga. L. 2013, p. 135, § 4/HB 354; Ga. L. 2015, p. 965, § 1/HB 401.)    The 2015 amendment,  effective January 1, 2016, substituted "group day-care homes (now known as child care learning centers), and family day-care homes (now known as family child care learning homes)" for "group day-care homes, and family day-care homes" near the beginning of the first sentence.
GA Code § 20-1A-10.1 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 1A - Early Care and Learning|Article 1 - General Provisions|§ 20-1A-10.1. Determination of Payments and Eligibility

 A determination by the department regarding payments and eligibility pursuant to any federal program or grant shall be preceded by notice and opportunity for a hearing and shall constitute a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."    (Code 1981, §20-1A-10.1, enacted by Ga. L. 2013, p. 135, § 6/HB 354; Ga. L. 2015, p. 965, § 1/HB 401.)   Editor's notes.   - Ga. L. 2015, p. 965, § 1/HB 402, effective January 1, 2016, reenacted this Code section without change.
GA Code § 20-1A-14 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 1A - Early Care and Learning|Article 1 - General Provisions|§ 20-1A-14. Variances and Waivers to Regulatory Requirements

  The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for early care and education programs regulated by the department as follows:   The department may authorize departure from the literal requirements of a rule or regulation by granting a variance upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application would cause undue hardship. The applicant or petitioner additionally must show that adequate standards affording protection of health, safety, and care exist and will be met in lieu of the exact requirements of the rule or regulation in question;   The department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection of health, safety, and care;   The department may grant waivers and variances to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery;   Waivers or variances which affect an entire class of programs may only be approved by the board and shall be for a time certain, as determined by the board. A notice of the proposed variance or waiver affecting an entire class of programs shall be made in accordance with the requirements for notice of rule making in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; or   Variances or waivers which affect only one program in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintain a record of such action and shall make this information available to the board and all other persons who request it.     The department may exempt classes of programs from regulation when, in the department's judgment, regulation would not permit the purpose intended or the class of programs is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the board.     (Code 1981, §20-1A-14, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401.)   Editor's notes.   - Ga. L. 2015, p. 965, § 1/HB 401, effective January 1, 2016, reenacted this Code section without change.
GA Code § 20-1A-15 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 1A - Early Care and Learning|Article 1 - General Provisions|§ 20-1A-15. Issuance of Inspection Warrants; Evidence Generated Inadmissible in Criminal Proceedings

  As used in this chapter, the term "inspection warrant" means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of laws authorizing licensure, inspection, or regulation by the department.   The commissioner or the commissioner's delegate, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this Code section. Such warrant shall authorize the commissioner or the commissioner's agents to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this chapter or any provision of law which authorizes licensure, inspection, or regulation by the department.   Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected.   The issuing judge shall issue the warrant when such judge is satisfied that the following conditions are met:   The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and   The issuing judge determines that the issuance of the warrant is authorized by this Code section.     The inspection warrant shall be validly issued only if it meets the following requirements:   The warrant is attached to the affidavit required to be made in order to obtain the warrant;   The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection;   The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and   The warrant refers, in general terms, to the statutory or regulatory provisions sought to be enforced.     No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this chapter shall be competent as evidence in any criminal proceeding against any party.     (Code 1981, §20-1A-15, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401.)   Editor's notes.   - Ga. L. 2015, p. 965, § 1/HB 401, effective January 1, 2016, reenacted this Code section without change.
GA Code § 20-1A-16 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 1A - Early Care and Learning|Article 1 - General Provisions|§ 20-1A-16. Coordination of Efforts Between Departments and Agencies

 It shall be the duty of all other state departments, agencies, officers, and employees to assure the most effective coordination and use of state resources, personnel, and facilities for the benefit of children and youths and to assist the department in effectuating the purposes of this chapter by making available to the department upon request of the board or commissioner and to the extent permissible by law the services, resources, personnel, and facilities of their respective departments and agencies.    (Code 1981, §20-1A-16, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401.)   Editor's notes.   - Ga. L. 2015, p. 965, § 1/HB 401, effective January 1, 2016, reenacted this Code section without change.
GA Code § 20-1A-17 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 1A - Early Care and Learning|Article 1 - General Provisions|§ 20-1A-17. Transfer of Programs From Department of Education

 The commissioner and the State School Superintendent, with the concurrence of the board for the department and the State Board of Education, are authorized to transfer programs relating to early childhood education from the Department of Education to the department, as long as such programs are not expressly assigned to the Department of Education by statute.    (Code 1981, §20-1A-17, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2015, p. 965, § 1/HB 401.)   Editor's notes.   - Ga. L. 2015, p. 965, § 1/HB 401, effective January 1, 2016, reenacted this Code section without change.
GA Code § 20-1A-18 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 1A - Early Care and Learning|Article 1 - General Provisions|§ 20-1A-18. Information on Influenza Vaccine

  Each child care learning center and family child care learning home shall, by September 1 of each year, provide to the parent or guardian of each child enrolled therein educational information on the influenza vaccine. Such information shall include, but not be limited to:   The causes and symptoms of influenza and the means by which it is spread;   The risks associated with influenza;   The availability, effectiveness, and known contraindications of the influenza vaccine; and   Related recommendations issued by the federal Centers for Disease Control and Prevention, including the recommended ages at which children receive the influenza vaccine.     Failure to comply with the provisions of this Code section shall not subject any such child care learning center or family child care learning home to any civil or criminal liability.   Nothing in this Code section shall be construed to require any child care learning center or family child care learning home to provide or pay for immunizations against influenza.     (Code 1981, §20-1A-18, enacted by Ga. L. 2012, p. 734, § 1/HB 845; Ga. L. 2015, p. 965, § 1/HB 401.)    The 2015 amendment,  effective January 1, 2016, substituted "child care learning center and family child care learning home shall, by September 1 of each year, provide to the parent or guardian of each child enrolled therein" for "early care and education program shall, by September 1 of each year, provide to the parent or guardian of each child enrolled in the program" in subsection (a); substituted the present provisions of subsection (b) for the former provisions, which read: "The failure on the part of an early care and education program to comply with the provisions of this Code section shall not subject such program to any civil or criminal liability.; and in subsection (c), substituted "child care learning center or family child care learning home" for "early care and education program".
GA Code § 20-1A-33 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 1A - Early Care and Learning|Article 2 - Background Checks|§ 20-1A-33. Notification to Applicant on Comprehensive Records Check

 After being furnished the required records check application under Code Section 20-1A-32, the department shall notify the license, commission, or change of ownership applicant and the records check applicant in writing whether the department's determination as to a potential director or potential employee is satisfactory or unsatisfactory. If the comprehensive records check determination was satisfactory as to the potential director and each potential employee of a license applicant's facility, that applicant may be issued a license or commission for that facility if the applicant otherwise qualifies for a license or commission under Article 1 of this chapter. If the comprehensive records check determination for a potential director or any potential employee revealed a criminal record, such potential director or potential employee shall not be allowed to be present at the facility while any child is present for care or to reside in the facility until he or she either has obtained a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section 20-1A-43, notwithstanding Code Section 20-1A-45. The department shall revoke the license or commission of an early care and education program if the early care and education program fails to comply with the requirements of this Code section.    (Code 1981, §20-1A-33, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 1101, § 5/HB 494.)    The 2015 amendment,  effective January 1, 2016, inserted "potential" throughout this Code section; inserted ", commission, or change of ownership" in the first sentence; inserted "or commission" in the second sentence; substituted "reside at an early care and education program or be present in the early care and education program while any child is present for care" for "work in the center while any child is present" in the third sentence; and substituted "or commission of an early care and education program if the early care and education program" for "of a center if the center" in the last sentence.    The 2018 amendment,  effective July 1, 2018, substituted "comprehensive" for "fingerprint" three times; deleted "fingerprint" preceding "records check" in the first sentence; and, in the third sentence, inserted "determination" near the beginning, substituted "be present at the facility" for "reside at an early care and education program or be present in the early care and education program" in the middle, inserted "or to reside in the facility", and added ", notwithstanding Code Section 20-1A-45" at the end.
GA Code § 20-1A-35 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 1A - Early Care and Learning|Article 2 - Background Checks|§ 20-1A-35. Provisional Employees; Receipt of Satisfactory Determination; Revocation of License, Commission, or Permit for Violations

  Where there is need for a provisional employee to work at a licensed, commissioned, or permitted early care and education program facility, such early care and education program may utilize an individual as a provisional employee only after the individual receives a satisfactory determination pursuant to rules and regulations promulgated by the department in accordance with this article. No such provisional employee shall be present at a facility while any child is present for care or reside in a facility until such satisfactory determination has been made. The board shall be authorized to define and enforce all regulations pertaining to provisional employees. The department may revoke the license, commission, or permit of an early care and education program if the early care and education program fails to comply with the rules and regulations pertaining to provisional employees.   If the department determines a licensed, commissioned, or permitted early care and education program knows or should reasonably know that a provisional employee has a criminal record and allows the provisional employee to be present at a facility while children are present for care or to reside at a facility, the department shall revoke the license, commission, or permit for that early care and education program.     (Code 1981, §20-1A-35, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 1101, § 7/HB 494.)    The 2015 amendment,  effective January 1, 2016, substituted the present provisions of this Code section for the former provisions, which read: "Where there is need for a provisional employee to work at a center's facility, such center may utilize an individual as a provisional employee only after the director reviews a preliminary records check and makes a satisfactory determination in accordance with this article. No such provisional employee shall be present in the facility while any child is present for care until such satisfactory preliminary records check determination has been made based upon GCIC information obtained from local law enforcement within the prior ten days. The board shall be authorized to define and enforce by regulations, including, but not limited to, the length of time a provisional employee may be present at a facility without a fingerprint records check determination. The department may revoke the license of a center if the center fails to comply with the requirements of this Code section and employs a person with an unsatisfactory preliminary records check determination."    The 2018 amendment,  effective July 1, 2018, rewrote subsection (a); and, in subsection (b), substituted "employee to be present at a facility" for "employee to reside at an early care and education program or be present at an early care and education program" in the middle and inserted "or to reside at a facility" near the end.
GA Code § 20-1A-36 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 1A - Early Care and Learning|Article 2 - Background Checks|§ 20-1A-36. Certain Offenders Prohibited as Employees of Facilities

 No licensed, commissioned, or permitted facility operated as an early care and education program or similar facility or any operator of such a facility shall allow any person who has been convicted of or who has entered a plea of guilty or nolo contendere to any offense specified in Code Section 16-12-1.1 to be present at a facility while children are present for care or allow any such person to reside in or be domiciled at such facility in violation of Code Section 16-12-1.1. The department shall either deny the issuance of or revoke the license, commission, or registration of any such facility violating the provisions of this Code section. The powers and duties set forth in this Code section are cumulative and not intended to limit the powers and duties set forth throughout this article.    (Code 1981, §20-1A-36, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401; Ga. L. 2018, p. 1101, § 8/HB 494.)    The 2015 amendment,  effective January 1, 2016, in the first sentence, inserted "licensed, commissioned, or permitted" at the beginning, substituted "allow" for "employ" near the beginning, and inserted "to reside in an early care and education program or be present at an early care and education program while children are present for care" near the middle.    The 2018 amendment,  effective July 1, 2018, in the first sentence, substituted "be present at a facility" for "reside in an early care and education program or be present at an early care and education program" and substituted "reside in" for "reside at".
GA Code § 20-1A-40 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 1A - Early Care and Learning|Article 2 - Background Checks|§ 20-1A-40. Cooperation With Gcic and Other Law Enforcement Agencies; Fees; Penalty for Misuse of Information

  GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the department in performing preliminary and fingerprint records check determinations required under this article and shall provide such information so required for such records checks notwithstanding any other law to the contrary and may charge reasonable fees therefor.   Any person who knowingly and under false pretenses requests, obtains, or attempts to obtain GCIC information otherwise authorized to be obtained pursuant to this article, or who knowingly communicates or attempts to communicate such information obtained pursuant to this article to any person or entity except in accordance with this article, or who knowingly uses or attempts to use such information obtained pursuant to this article for any purpose other than as authorized by this article shall be fined not more than $5,000.00, imprisoned for not more than two years, or both.     (Code 1981, §20-1A-40, enacted by Ga. L. 2004, p. 645, § 1; Ga. L. 2013, p. 285, § 2/HB 350; Ga. L. 2015, p. 965, § 2/HB 401.)   Editor's notes.   - Ga. L. 2015, p. 965, § 2/HB 401, effective January 1, 2016, reenacted this Code section without change.