GA Code § 20-4-11 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 4 - Vocational, Technical, and Adult Education|Article 2 - Technical and Adult Education|§ 20-4-11. Powers of Board

 The State Board of the Technical College System of Georgia shall be empowered to:    Provide for a comprehensive program of literacy, career, occupational, and technical education for adults and out-of-school youths. Such program shall promote the economic well-being of Georgia citizens by providing high quality postsecondary technical and adult education and literacy programs, services, and activities which are easily accessible by all segments of the adult population who need and can benefit from training, retraining, or upgrade training for employment and which is highly responsive to individuals needing to achieve basic, general, and specialized literacy. Such program shall also provide an opportunity for individuals, including out-of-school youths, who have reached age 16 and who meet certain criteria provided for in this chapter, to attain a high school diploma in conjunction with the completion of one or more other components of the postsecondary technical program. Such program shall also provide a system of schools which is a full partner in the economic development and expansion of the state's economic base and represents a significant asset in the attraction of new business and industry to the state and the expansion of existing business and industry in the state;   Establish and promulgate standards, rules, regulations, and policies for the orderly and efficient operation of the Technical College System of Georgia and of postsecondary technical schools, programs, and institutions, including those which it operates and those operated by local and area boards of education, and for the orderly and efficient provision of adult education and literacy programs:   Such standards, rules, regulations, and policies may include but not be limited to developing criteria for the recruitment, employment and retention of faculty and staff; recruitment of students and student admissions; program approval, salaries and salary supplements, tuition, and fees; eligibility of public and private providers of adult literacy education programs for state and federal funds, levels of funding for such providers and associated levels of required provider matching funds; long and short-term planning to include facilities, program standards, and outcome competencies; establishing provisions for appropriate recognition of program achievement below the baccalaureate level; soliciting resources from the private sector; industry and education partnerships; research and data collection; representing postsecondary technical and adult literacy education in all forums; and such other functions necessary to assure an effective and efficient state-wide system of postsecondary technical schools and adult literacy education with leadership at the state level; and   For adult education and literacy programs, the state board shall establish:   Comprehensive and detailed standards for public and private adult education and literacy providers; and   Standards and requirements for the attainment of a high school equivalency certificate which shall be comparable to the high school graduation requirements set by the State Board of Education for public school programs and which shall also be at least equal to the requirements established for a general educational development (GED) diploma. The state board shall also adopt and administer an instrument to measure the level of achievement required to obtain a high school equivalency certificate; and   Standards and requirements for the attainment of a high school diploma conferred by the state board which shall be comparable to the high school graduation requirements set by the State Board of Education for public school programs;       Select and employ a commissioner of the Technical College System of Georgia and fix his compensation, duties, and responsibilities consistent with the provisions of this article. The commissioner shall:   Exercise the overall supervision and direction of the Technical College System of Georgia and shall serve at the pleasure of the State Board of the Technical College System of Georgia. The State Board of the Technical College System of Georgia may assign and delegate to the commissioner such responsibilities, powers, and duties as the State Board of the Technical College System of Georgia may deem proper and appropriate, including the authority to execute on behalf of the State Board of the Technical College System of Georgia legal documents and other filings; and   Be responsible for implementing the policies of the State Board of the Technical College System of Georgia and for the day-to-day operations of the Technical College System of Georgia. The commissioner shall develop job descriptions for the necessary administrative, programmatic, liaison, and clerical personnel and shall, at his discretion, hire staff necessary for the operation of the Technical College System of Georgia;     Establish an Adult Literacy Advisory Committee to advise and assist the state board in developing goals, objectives, policies, methods, and standards for the delivery of adult literacy programs. This committee will further assist the state board by communicating and facilitating the adoption of such goals, objectives, policies, methods, and standards by the organizations and groups which its members represent. Each member of this committee shall be reimbursed for actual expenses incurred in performing his or her duties as provided in Code Section 20-4-12 for state board members;   Establish local boards of directors for postsecondary technical schools which the state board operates to assist the state board in carrying out its mission. The purpose of such boards shall be to facilitate the delivery of programs, services, and activities as directed by the state board. The state board shall establish the number of members of each local board and the terms of office thereof, provided that all members of any board shall represent the geographic area which the institution serves as defined by the state board; provided, further, that all members shall represent business, industry, or economic development. The state board shall be empowered to establish and approve all bylaws and actions of all local boards of directors. Each local board of directors shall meet at least eight times per year. Each member of such local boards of directors shall be reimbursed for expenses incurred in performing his or her duties as provided in Code Section 20-4-12 for state board members;   Establish service delivery areas as required to carry out the state board's mission in delivering, supervising, funding, administering, coordinating, and monitoring adult literacy education;   Establish a local adult literacy advisory committee for each service delivery area which it establishes. The purpose of each such committee shall be to identify and recommend goals, objectives, target groups, programs, curricula, and delivery methods for adult literacy programs; to develop and recommend associated short and long-range plans; to recommend a fiscal agent; and to perform other activities as may be directed by the state board to provide for the most effective and efficient delivery of adult literacy programs in the local committee's service delivery area. The state board shall establish the number of members of each local committee and the terms of office thereof, provided that all members of any local committee shall represent the area defined by the state board to be the adult literacy service delivery area; provided, further, that the membership of each local committee shall include local civic leaders and representatives of adult literacy providers, business, and industry. The state board shall be empowered to establish and approve all bylaws and actions of all local committees. Each local committee shall meet at least four times per year. Each member of such local committee shall be reimbursed for expenses incurred in performing his or her duties as provided in Code Section 20-4-12 for state board members;   Establish a plan whereby employees of the Technical College System of Georgia may, through payroll deductions, make voluntary contributions to the Georgia Fund for Technical and Adult Education, Inc., provided that such plan shall:   Be consistent with the requirements of subsection (b) of Code Section 45-20-53, Code Section 45-20-54, Code Section 45-20-55, and Code Section 45-20-56; and   Not interfere with the right of employees of the Technical College System of Georgia to make voluntary contributions to other charitable organizations pursuant to the provisions of Article 3 of Chapter 20 of Title 45;     Prescribe criteria, policies, and standards deemed necessary for the effective implementation of a program financed wholly or partially from appropriations from the Lottery for Education Account and established for the purpose of providing teachers the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network. Such program shall include the expenditure of funds appropriated for such purpose to defray the costs associated with repairing and maintaining advanced electronic instructional technology;     Approve a request by a postsecondary technical school or institution governed under this chapter to be named a technical college upon the approval and granting of occupational degree-granting status by the State Board of the Technical College System of Georgia and upon receiving accreditation by the Commission on Colleges of the Southern Association of Schools, the Council on Occupational Education, or any other appropriate accrediting agency approved by the United States Secretary of Education. The use of the name technical college shall not alter the governance of the technical school or institution as established under this chapter nor shall it abridge the authority of the Board of Regents of the University System of Georgia under the Constitution of this state; and   Award high school diplomas as provided for in this chapter; and     Submit an annual request for funding to the Office of Planning and Budget as prescribed in Code Sections 45-12-78 and 45-12-79. Such submission shall reflect a request for funds pursuant to an enrollment driven formula that reflects funds for direct instructional costs to include salaries and instructional supplies and equipment, funds for indirect support, maintenance and operation, staff and professional development, and media services. Such funding shall be subject to appropriation by the General Assembly.     (Code 1981, §20-4-11, enacted by Ga. L. 1988, p. 1252, § 2; Ga. L. 1991, p. 1800, § 1; Ga. L. 1996, p. 1603, § 8; Ga. L. 2000, p. 618, § 83; Ga. L. 2001, p. 4, § 20; Ga. L. 2008, p. 335, § 2/SB 435; Ga. L. 2011, p. 632, § 3/HB 49; Ga. L. 2012, p. 775, § 20/HB 942; Ga. L. 2021, p. 576, § 1-1/SB 204.)    The 2021 amendment,  effective July 1, 2021, inserted "education and" in the middle of the second sentence of paragraph (1) and in subparagraph (2)(B); added the third sentence in paragraph (1); substituted "adult education and literacy" for "adult literacy education" near the end of paragraph (2); substituted the present provisions of division (2)(B)(i) for the former provisions, which read: "One set of standards for public adult literacy providers and another set of standards for private adult literacy providers. The public standards shall be more comprehensive and detailed than the private standards; and"; in division (2)(B)(ii), substituted "state board" for "State Board of the Technical College System of Georgia" near the beginning of the second sentence and added "and" at the end; added division (2)(B)(iii); redesignated the existing provisions of paragraph (10) as subparagraph (10)(A); and added subparagraph (10)(B).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 1988, a comma was added following "general" near the end of the second sentence of paragraph (1).   Pursuant to Code Section 28-9-5, in 1991, "Establish" was substituted for "To establish" at the beginning of paragraph (8).   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.'"   Ga. L. 2021, p. 576, § 1-1/SB 204 purported to add a new paragraph to this Code section but did not.   JUDICIAL DECISIONS   Administrators violated student's due process rights.    - In a nursing school student's 42 U.S.C. § 1983 suit alleging that the college's administrators violated the student's U.S. Const., amend. XIV procedural due process rights, the student, in accordance with admission practices outlined in the State Board of Technical and Adult Education Policy and Procedures Manual § V.B.I, pursuant to O.C.G.A. § 20-4-11(2), had a protected property interest in attending the college. Castle v. Marquardt, 632 F. Supp. 2d 1317 (N.D. Ga. 2009).   RESEARCH REFERENCES   Am. Jur. 2d.   - 68 Am. Jur. 2d, Schools, §§ 78 et seq., 349 et seq.   C.J.S.   - 78 C.J.S., Schools and School Districts, § 103 et seq.