GA Code § 20-2-55 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 2 - Elementary and Secondary Education|Article 3 - Local Boards of Education|§ 20-2-55. Per Diem, Insurance, and Expenses of Local Board Members

    In any local school system for which no local Act is passed, members of the local board of education shall, when approved by the local board affected, receive a per diem of $50.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board on official business first authorized by a majority of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith; provided, however, that in any independent school system with a full-time equivalent (FTE) program count of less than 4,000 students for which no local Act is passed, members of the local board of education may, when approved by the affected local board, receive a per diem of not less than $50.00 and not more than $100.00 for each day of attendance at meetings of the board and while meeting and traveling within or outside the state as a member of a committee of the board, plus reimbursement for actual expenses. The accounts for such service and expenses shall be submitted for approval to the local school superintendent. In all school districts, the compensation of members of local boards shall be paid only from the local tax funds available to local boards for educational purposes. This paragraph shall apply only to local board of education members elected or appointed prior to July 1, 2010.   In any local school system for which no local Act is passed, members of the local board of education shall, when approved by the local board affected, receive a per diem of $50.00 for each day of attendance at a meeting, as defined in paragraph (3) of subsection (a) of Code Section 50-14-1, of the board, plus reimbursement for actual expenses necessarily incurred in connection therewith; provided, however, that in any independent school system with a full-time equivalent (FTE) program count of less than 4,000 students for which no local Act is passed, members of the local board of education may, when approved by the affected local board, receive a per diem of not less than $50.00 and not more than $100.00 for each day of attendance at a meeting, as defined in paragraph (3) of subsection (a) of Code Section 50-14-1, of the board, plus reimbursement for actual expenses. The accounts for such service and expenses shall be submitted for approval to the local school superintendent. In all school districts, the compensation of members of local boards shall be paid only from the local tax funds available to local boards for educational purposes. This paragraph shall apply only to local board of education members elected or appointed on or after July 1, 2010.       A local board of education is authorized to provide group medical and dental insurance for its members who elect to participate. Such insurance may be provided through a group policy secured by the local school district, a group policy secured by several local school districts, a policy secured by an organization of local school boards, or in accordance with Code Section 45-18-5 providing for the inclusion of members of the local board of education and their spouses and dependents within any health insurance plan or plans established under Article 1 of Chapter 18 of Title 45. It shall be the duty of the board to make the employer contributions required for the operation of such plan or plans. Except as provided in paragraph (3) of this subsection, a board providing such insurance shall pay no greater percentage of the cost of that insurance than the percentage of the cost paid as an employer contribution by the state for the health insurance plan for state employees pursuant to Article 1 of Chapter 18 of Title 45. The remainder of such insurance costs, and all the costs of any coverage for family members, shall be paid as an employee contribution by the board member. It shall be the duty of the board to deduct from the salary or other remuneration of qualified members or otherwise collect such payment from the qualified members or dependents.   Taxes levied by or on behalf of a local board of education may be expended for employer contributions, but not employee contributions, required for insurance coverage of members of that board as provided in paragraph (1) of this subsection. Taxes levied by or on behalf of a local board of education also may be expended for contributions authorized in paragraph (3) of this subsection. Such expenditures on behalf of any member may continue only as long as that member continues in office and makes any employee contribution required for such coverage. That member, and eligible dependents thereof, shall be ineligible for coverage pursuant to the provisions of paragraph (1) of this subsection upon such person's ceasing to serve as a member of a local board of education. Such expenditures on behalf of any member in accordance with paragraph (3) of this subsection may continue only as long as that member continues in office and makes any contribution which is not the result of the board of education's decision to allow its members to participate in the health insurance plan. Expenditures authorized by this Code section shall be in addition to, and not in lieu of, any salary, expense, per diem, or other compensation payable to that member of a local board of education.   If a board member is already a member of a health insurance plan established by Article 1 of Chapter 18 of Title 45 as a retired employee and the result of the board of education's decision to allow its members to participate is to establish dual eligibility for a member and thus to increase the cost to such member of the state insurance plan, then the local board may pay any additional cost imposed on such member as a result of the local board's decision to allow its members to participate in coverage under paragraph (1) of this subsection.      (Ga. L. 1919, p. 288, § 79; Code 1933, § 32-904; Ga. L. 1943, p. 270, § 1; Ga. L. 1957, p. 648, §§ 1, 2; Ga. L. 1959, p. 231, § 1; Ga. L. 1963, p. 279, § 1; Ga. L. 1966, p. 447, § 1; Ga. L. 1978, p. 1446, § 1; Ga. L. 1981, p. 529, § 1; Ga. L. 1982, p. 934, §§ 1, 2; Ga. L. 1983, p. 3, § 53; Ga. L. 1989, p. 685, § 1; Ga. L. 1992, p. 1010, § 1; Ga. L. 1993, p. 1279, § 5; Ga. L. 1994, p. 782, § 3; Ga. L. 1999, p. 813, § 1; Ga. L. 2001, p. 1071, § 1; Ga. L. 2002, p. 841, § 1; Ga. L. 2010, p. 452, § 4/SB 84; Ga. L. 2012, p. 218, § 5/HB 397.)   Cross references.   - Compensation of school board members, Ga. Const. 1983, Art. VIII, Sec. V, Para. II.   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1993, "paragraph (1) of this subsection" was substituted for "subsection (b) of this Code section" in paragraph (b)(2).   Editor's notes.   - Ga. L. 1999, p. 813, § 3, not codified by the General Assembly, provides that: "Nothing herein shall be construed to allow county officials or local school board officials to be included in the state employee's health insurance plan except that the appropriate agencies of state government may provide administrative services, only, for county officials and local school officials participating in various plans."   Administrative Rules and Regulations.   - Eligibility for coverage, Official Compilation of the Rules and Regulations of the State of Georgia, Department of Community Health, State Health Benefit Plan, Sec. 111-4-1-.04.   Law reviews.   - For article on the 2012 amendment of this Code section, see 29 Ga. St. U.L. Rev. 139 (2012).   OPINIONS OF THE ATTORNEY GENERAL   Local board cannot establish program of self-insurance for itself.   - While a local board of education could establish a program of self-insurance to cover the deductible portion of any liability imposed upon the board's officers, or employees, the board could not do so for itself and would be limited to the protection expressly authorized by Ga. L. 1975, p. 1181, § 1. 1977 Op. Att'y Gen. No. 77-61.   RESEARCH REFERENCES   C.J.S.   - 78 C.J.S., Schools and School Districts, §§ 94, 95, 133, 134.