GA Code § 20-2-161 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 2 - Elementary and Secondary Education|Article 6 - Quality Basic Education|Part 4 - Financing|§ 20-2-161. Quality Basic Education Formula

  The high school general education program is declared to be the base program against which the cost of all other instructional programs shall be compared.The amount of funds needed by each full-time equivalent student in the base program, in order that such program can be sufficiently funded to provide quality basic education to all enrolled students, shall be known as the "base amount" and shall reflect program components which constitute the program weight for the high school general education program in Code Sections 20-2-182 through 20-2-186. However, the General Assembly shall annually establish through the General Appropriations Act the base amount to be used each year. In the event that the base amount so established when multiplied by the program weights in subsection (b) of this Code section requires funds in excess of the appropriation for the Quality Basic Education Formula grants, the funds which are appropriated for the Quality Basic Education Formula shall be prorated to each of the Quality Basic Education Formula cost categories.   Multiply the average full-time equivalent program count pursuant to subsection (b) of Code Section 20-2-160 by the respective program weight established in subsection (b) of this Code section;   Multiply the product computed in paragraph (1) of this subsection by the base amount as established in the General Appropriations Act; and   Add the product computed in paragraph (2) of this subsection to the program adjustment amount for training and experience for the instructional program in accordance with subsection (e) of this Code section.  The process and associated components contained within this Code section shall be known as the "Quality Basic Education Formula."       (b) As the cost of instructional programs varies depending upon the teacher-student ratios and specific services typically required to address the special needs of students enrolled, state authorized instructional programs shall have the following program weights and teacher-student ratios:   (1) Kindergarten program...........................................1.6724 weight and 1 to 15 ratio (2) Kindergarten early intervention program........................2.0678 weight and 1 to 11 ratio (3) Primary grades program (1-3)...................................1.2948 weight and 1 to 17 ratio (4) Primary grades early intervention program (1-3)................1.8180 weight and 1 to 11 ratio (5) Upper elementary grades program (4-5)..........................1.0390 weight and 1 to 23 ratio (6) Upper elementary grades early intervention program (4-5)........................................................1.8125 weight and 1 to 11 ratio (7) Middle school program (6-8) ....................................1.1380 weight and 1 to 20 ratio (8) High school general education program (9-12)...................1.0000 weight and 1 to 23 ratio (9) Career, technical, and agricultural education laboratory program (9-12)...........................................1.1830 weight and 1 to 20 ratio (10) Program for persons with disabilities: Category I...........................................................2.4118 weight and 1 to 8 ratio (11) Program for persons with disabilities: Category II..........................................................2.8402 weight and 1 to 6.5 ratio (12) Program for persons with disabilities: Category III.........................................................3.6188 weight and 1 to 5 ratio (13) Program for persons with disabilities: Category IV..........................................................5.8710 weight and 1 to 3 ratio (14) Program for persons with disabilities: Category V...........................................................2.4737 weight and 1 to 8 ratio (15) Program for intellectually gifted students: Category VI..........................................................1.6794 weight and 1 to 12 ratio (16) Remedial education program....................................1.3576 weight and 1 to 15 ratio (17) Alternative education program.................................1.4881 weight and 1 to 15 ratio (18) English for speakers of other languages (ESOL) program..............................................................2.5892 weight and 1 to 7 ratio   For purposes of calculating the annual allotment of funds to each local school system, the program weights may be carried to as many additional decimal places as needed and may be varied from the weights stated in subsection (b) of this Code section, consistent with cost-of-living adjustments granted by the General Assembly for salaried and nonsalaried components, by not more than 1 1/2 percent.   The total funds needed for the Quality Basic Education Program for each local school system shall be calculated annually. Such total shall represent the product of the following calculations for each of the programs identified in subsection (b) of this Code section:   The State Board of Education shall annually calculate for each instructional program provided for in subsection (b) of this Code section for each local school system the amount of additional funds needed beyond the amounts reflected in the base amount and the program weights, in order to pay the state minimum salaries pursuant to Code Section 20-2-212. The calculation of such additional amount shall be based on all certificated professional personnel who were employed by the local school system as of the month of October for the most recent year that these data are available; provided, however, that the amount needed for training and experience for personnel funded through categorical grants shall only be included in the appropriate categorical grant. The amount shall be reported for each program identified in subsection (b) of this Code section for each full-time equivalent program count date and by segment of the school day and for each categorical program. Such additional amount shall be known as "program adjustment amount for training and experience" and this amount shall be noted in total in the language section of the General Appropriations Act each year.   As the relative costs of the various program components will change over time and as some components will need to be added or removed, the Governor shall appoint a task force every three years for the purposes of reviewing the effectiveness of existing program weights and recommending to the General Assembly any changes needed. This task force shall be comprised of members or staff of the General Assembly, the State Board of Education, the Governor's office, and representatives of local school systems.    (Code 1981, §20-2-161, enacted by Ga. L. 1985, p. 1657, § 1; Ga. L. 1987, p. 1169, § 1; Ga. L. 1990, p. 847, § 1; Ga. L. 1991, p. 1531, § 2; Ga. L. 1995, p. 701, § 2; Ga. L. 1995, p. 1302, § 15; Ga. L. 1996, p. 6, § 20; Ga. L. 1996, p. 494, § 2; Ga. L. 1996, p. 1422, § 2; Ga. L. 1998, p. 1520, § 2; Ga. L. 2000, p. 618, § 21; Ga. L. 2001, p. 148, § 5; Ga. L. 2005, p. 798, § 1/SB 35; Ga. L. 2008, p. 216, § 1/HB 1335; Ga. L. 2013, p. 1061, § 9/HB 283; Ga. L. 2015, p. 1376, § 13/HB 502; Ga. L. 2019, p. 321, § 1/HB 527.)    The 2015 amendment,  effective July 1, 2015, deleted former paragraph (b)(7), which read: "(7) Middle grades program (6-8) ..... 1.0186 weight and 1 to 23 ratio"; redesignated former paragraphs (8) through (19) as present paragraphs (7) through (18), respectively; deleted "as defined in Code Section 20-2-290" following "(6-8)" in paragraph (7); and deleted former subsection (b.1), which read: "Notwithstanding the provisions of subsection (b) of this Code section and the requirements of Code Section 20-2-290, beginning July 1, 2014, a nonvirtual middle school shall have the funding weight included in paragraph (8) of subsection (b) of this Code section for the middle school program, regardless of whether such middle school meets the requirements of Code Section 20-2-290."    The 2019 amendment,  effective July 1, 2019, substituted "1.6724" for "1.6508" in paragraph (b)(1); substituted "2.0678" for "2.0348" in paragraph (b)(2); substituted "1.2948" for "1.2849" in paragraph (b)(3); substituted "1.8180" for "1.7931" in paragraph (b)(4); substituted "1.0390" for "1.0355" in paragraph (b)(5); substituted "1.8125" for "1.7867" in paragraph (b)(6); substituted "1.1380" for "1.1310" in paragraph (b)(7); substituted "1.1830" for "1.1916" in paragraph (b)(9); substituted "2.4118" for "2.3798" in paragraph (b)(10); substituted "2.8402" for "2.7883" in paragraph (b)(11); substituted "3.6188" for "3.5493" in paragraph (b)(12); substituted "5.8710" for "5.7509" in paragraph (b)(13); substituted "2.4737" for "2.4511" in paragraph (b)(14); substituted "1.6794" for "1.6589" in paragraph (b)(15); substituted "1.3576" for "1.3087" in paragraph (b)(16); substituted "1.4881" for "1.4711" in paragraph (b)(17); and substituted "2.5892" for "2.5049" in paragraph (b)(18).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1996, "persons with disabilities" was substituted for "the handicapped" in paragraphs (b)(8) through (b)(11) (now paragraphs (b)(11) through (b)(14)).    The amendment of this Code section by Ga. L. 1996, p. 494, § 2, irreconcilably conflicted with and was treated as superseded by Ga. L. 1996, p. 1422, § 2. See County of Butts v. Strahan, 151 Ga. 417 (1921).   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.'"   Law reviews.   - For survey article on education law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 237 (2003).   RESEARCH REFERENCES   ALR.   - Special education requirements of gifted students, 115 A.L.R.5th 183.