GA Code § 20-2-251 (2021)
2021 Georgia Code|Title 20 - Education|Chapter 2 - Elementary and Secondary Education|Article 6 - Quality Basic Education|Part 9 - Grants for Educational Programs|§ 20-2-251. Teacher Recruitment and Retention Program; Purpose; Annual Evaluation of Program; Maximum Participation

  As used in this Code section, the term:   "Department" means the Department of Education.  (1.1) "High-need subject area" means one of the three content areas for which there are the greatest percentages of unfilled positions for classroom teachers in a RESA service area as determined annually for each RESA service area by the department based upon a five-year average review of a survey reported by local school systems to the department.    "Participating local school system" means a local school system that participates in the program by receiving grant money from the state and disbursing it to participating teachers.   "Participating school" means a qualifying public school that has been selected by the department to participate in the program.   "Participating teacher" means a teacher, as defined in subsection (a) of Code Section 20-2-942, who is eligible to participate and does participate in the program.   "Postsecondary educational institution" means a school which is:   A unit of the University System of Georgia, including any college or university under the government, control, and management of the Board of Regents of the University System of Georgia; or   An independent or private college or university located in Georgia and eligible to be deemed an approved school as defined in paragraph (2) of Code Section 20-3-411.     "Program" means the teacher recruitment and retention program provided for in this Code section.   "Qualifying public school" means a public school that is located in a rural territory in this state or a school that has performed in the lowest 5 percent of schools in this state as identified in accordance with the state-wide accountability system established in the state plan pursuant to the federal Every Student Succeeds Act.   "Recently hired" means a teacher, whether a new or experienced teacher, who has accepted his or her first school year contract to teach at a qualifying public school for the 2021-2022 school year, for the current school year, or for the immediately upcoming school year.   "Rural territory" means territory that is more than five miles from the nearest "urbanized area" and more than two and one-half miles from the nearest "urban cluster" as such terms are defined in OMB Standards for Defining Metropolitan and Micropolitan Statistical Areas, 65 Fed. Reg. 82238.   "School year contract" means a contract of full-time employment between a teacher and a local board of education covering a full school year. A contract of employment for a portion of a school year shall not be counted as a school year contract, nor shall contracts of employment for portions of a school year be cumulated and treated as a school year contract. A contract of employment for any time outside a school year shall not be counted as a school year contract, nor shall contracts of employment for time outside a school year be cumulated and treated as a school year contract. A school year contract is deemed included within a contract of full-time employment between a teacher and a local board of education covering a full calendar or fiscal year.   "State board" means the State Board of Education.     The state board shall establish a teacher recruitment and retention program. The purpose of such program shall be to encourage both new and experienced teachers to seek employment with qualifying public schools in high-need subject areas by providing for a tax credit as provided for in Code Section 48-7-29.23 to each participating teacher in the amount of $3,000.00 per school year for no more than five school years, which must be consecutive, subject to conditions as provided for in this Code section. The state board is authorized to promulgate rules, regulations, policies, and procedures appropriate and necessary to implement and administer this program.     By October 1 of each year, the department shall determine which public schools in this state are qualifying public schools and shall publish a list of all qualifying public schools on the department's website. For purposes of the program, a school that has been designated as a qualifying public school shall be eligible for selection as a participating school for the current school year and for at least the immediately upcoming school year. The department shall develop criteria for the selection of no more than 100 participating schools from the total number of qualifying public schools and shall publish such selection criteria simultaneously with the publication of the list of qualifying public schools on the department's website; provided, however, that such criteria shall include prioritizing qualifying public schools with teacher vacancies in high-need subject areas.   By December 1 of each year, the department shall select no more than 100 participating schools and shall publish a list of all participating schools on the department's website. At this time, the department shall also publish a list of the high-need subject areas as determined for each RESA service area. A school that has been designated as a participating school shall be eligible to participate in the program for the current school year and for at least the immediately upcoming school year. The department shall determine the total number of participating teachers authorized for each participating school, as well as the high-need subject areas, which may be filled for each participating school.   The department is authorized to receive applications from teachers who meet the eligibility criteria provided for in subsection (e) of this Code section and is authorized to share with participating local school systems and participating schools such applications and related materials submitted by teachers.   The department is authorized to provide guidance and technical assistance to teachers, participating schools, and local school systems with participating schools regarding the program.     The Office of Student Achievement, in consultation with the department, shall establish program objectives and shall annually measure and evaluate the program. Beginning with the 2023-2024 school year, by December 1 of each year, the Office of Student Achievement shall provide to the Governor, to the House Education Committee and the Senate Committee on Education and Youth, and to the state board a report covering the immediately preceding school year and including, at a minimum, the following information:   The positions filled by participating teachers with corresponding information regarding the subject matter and grade or grades taught; and   The length of time participating teachers have been participating in the program.       In order to be eligible to participate in the program, a teacher shall:   Have been recently hired to teach in a high-need subject area at a participating school;   Have attained a bachelor's degree in education from a postsecondary educational institution with a teacher certification program approved by the Georgia Professional Standards Commission; and   Hold a valid five-year induction or professional certificate issued by the Georgia Professional Standards Commission.     Teachers who meet the eligibility criteria provided for in paragraph (1) of this subsection and who wish to participate in the program shall submit to the department a completed application to participate in the program, on a form and in a manner prescribed by the department. Each application shall, at a minimum, include:   A copy of the teacher's school year contract to teach at a participating school; and   Written verification from the principal or other school personnel of the participating school that the teacher was recently hired as defined in this Code section.       Eligible teachers who complete the application process prescribed by the department shall be accepted to participate in the program on annual basis, subject to continuation of the program and the provisions of subsection (g) of this Code section and except for good cause shown by the department.   A teacher who is accepted by the department to participate in the program shall be allowed to continue as a participating teacher in the program on an annual basis for up to five school years, which must be consecutive, provided that he or she remains employed pursuant to a school year contract as a teacher at the same school continuously, regardless of whether the school remains a participating or qualifying public school and regardless of whether the participating teacher's subject area remains a high-need subject area, and subject to continuation of the program and the provisions of subsection (g) of this Code section and except for good cause shown by the department.   A participating teacher who is involuntarily transferred to another school within the same participating local school system shall be eligible to continue participating in the program on the same terms and conditions as provided in subparagraph (B) of this paragraph. A participating teacher who voluntarily transfers to another school shall not be eligible to continue participating in the program effective immediately upon the transfer.   A participating teacher who receives an annual summative performance evaluation rating of "Ineffective," as provided for in Code Section 20-2-210, shall be permanently ineligible to participate in the program upon the conclusion of the school year in which he or she received such rating.   A participating teacher who lawfully takes a leave of absence pursuant to any state or federal law shall retain eligibility to continue participating in the program provided he or she remains employed pursuant to a school year contract as a teacher at the same school continuously.       By July 31 of each year, the department shall notify the state revenue commissioner of each participating teacher who has satisfied all terms and conditions of the program for the immediately preceding school year.   The number of participating teachers in the program in any school year shall be limited to 1,000 participating teachers state wide. In the discretion of the department, participation in the program may be determined according to the following order of priority:   Participating teachers shall be prioritized over teachers not yet participating in the program; and   Among teachers participating in the program, those who are currently teaching a high-need subject area shall be prioritized over those who are not teaching a high-need subject area, and those with greater seniority in the program shall be prioritized over those with less seniority.     No new applications for the program shall be accepted after December 31, 2026.     (Code 1981, §20-2-251, enacted by Ga. L. 2021, p. 94, § 1/HB 32.)   Editor's notes.   - Ga. L. 2021, p. 94, § 3/HB 32, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2021, and shall be applicable to all taxable years beginning on or after January 1, 2022."    Former Code Section, relating to demonstration programs, was based on Ga. L. 1985, p. 1657, § 1; Code 1981, § 20-2-251, as redesignated by Ga. L. 1987, p. 1169, § 1; Ga. L. 1992, p. 1332, § 1, and was repealed by Ga. L. 2012, p. 358, § 16/HB 706, effective July 1, 2012.   Ga. L. 1987, p. 1169, § 1, effective July 1, 1987, repealed the former Code section concerning a minimum program weight computation. The former Code section was enacted by Ga. L. 1985, p. 1657, § 1. For present provisions concerning program weights, see Part 5 of this article.   U.S. Code.   - The Every Student Succeeds Act, referred to in this Code section, was enacted by 129 Stat. 1802. For full classification of such Act, consult the U.S.C.S. Tables volumes.