reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 16 - STUDENTS (§§ 20-2-670 — 20-2-786) › Part 3 - HEALTH (§§ 20-2-770 — 20-2-779.4) › Section 20-2-779.2 - [Repealed effective 6/30/2027] Enforcement of face mask wearing requirement prohibited

(a)
No administrator, teacher, or other school personnel while acting within the scope of his or her employment with a local school system shall make or enforce any rule that requires students to wear face masks or face coverings while present in any area of a school or school grounds or other property owned or operated by the local school system unless such rule provides that a parent or guardian of a child enrolled in such local school system may elect for his or her child to be exempt from such rule. A parent or guardian making such election shall not be required to provide a reason or any certification of the child's health or education status. No student shall suffer any adverse disciplinary or academic consequences as a result of such election by a parent or guardian.
(b)
This Code section shall not be subject to waivers pursuant to Code Section
20-2-82
for a strategic waivers school system, Code Section
20-2-244
for a local board of education, Code Section
20-2-2063.2
for a charter system, or Code Section
20-2-2065
for a charter school established pursuant to Article 31 or Article 31A of this chapter, a charter system, or schools within a charter system.
Added by 2022 Ga. Laws 586,§ 3, eff. 3/29/2022, exp. 6/30/2027.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 16 - STUDENTS (§§ 20-2-670 — 20-2-786) › Part 3 - HEALTH (§§ 20-2-770 — 20-2-779.4) › Section 20-2-779.4 - "Water safety education" defined; notifications to parents and guardians; exclusions

(a)
As used in this Code section, the term "water safety education" means education intended to promote safety in, on, and around bodies of water and reduce the risk of injury or drowning.
(b)
At the beginning of each school year, each public school or local school system shall provide the parents and guardians of each child enrolled in such school or school system with information on the important role water safety education courses and swimming lessons play in saving lives. Such information shall be provided in electronic or hard copy format. Such information shall include options, if available within the vicinity of the public school or local school system, for age-appropriate water safety education courses and swimming lessons that can result in a certificate indicating successful completion, including courses and lessons offered for free or at a reduced price; provided, however, that such information shall be provided directly to students who are 18 years of age or older.
(c)
Nothing in this Code section shall be construed to require public schools or local school systems to:
(1)
Provide water safety education courses or swimming lessons to students; or
(2)
Excuse students from all or part of any school day to attend water safety education courses or swimming lessons.
Added by 2023 Ga. Laws 343,§ 2, eff. 7/1/2023.
Code Section 20-2-779.3, as enacted by 2023 Ga. Laws 343, Section 2, was redesignated as Code Section 20-2-779.4.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 16 - STUDENTS (§§ 20-2-670 — 20-2-786) › Part 4 - REMOVAL OF CHILD FROM SCHOOL TO GAIN CUSTODY (§ 20-2-780) › Section 20-2-780 - Change of custody of minor child by removing child from premises of private or public school prohibited

(a)
No person shall make or attempt to make a change of custody of a minor child by removing the child from the premises of a private or public elementary or secondary school without the permission of the person who enrolled the child in the school, notwithstanding the fact that the person seeking to obtain custody of the child from the school has a court order granting custody of the child to such person.
(b)
This Code section shall not apply with respect to the following:
(1)
Persons seeking to enforce court orders that specifically authorize or direct the release of custody by the school; or
(2)
State or local officials acting under the express authority of this state's child protection laws.
(c)
Any person violating this Code section shall be guilty of a misdemeanor.
(d)
School officials when acting in their official capacities in preventing or attempting to prevent a violation of this Code section shall be immune from civil or criminal liability that otherwise might be incurred or imposed.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 16 - STUDENTS (§§ 20-2-670 — 20-2-786) › Part 5 - REFERRAL AND ASSESSMENT UPON WITHDRAWAL FROM PUBLIC SCHOOL WITHOUT DECLARATION (§§ 20-2-785 — 20-2-786) › Section 20-2-785 - Referral and assessment to determine whether withdrawal was to limit education

In the event that a child is withdrawn from a public school without a declaration filed pursuant to Code Section
20-2-690
and that child stops attending a public school for a period of 45 days, the school shall refer the matter to the Division of Family and Children Services of the Department of Human Services to conduct an assessment. The purpose of such referral and assessment shall be limited to determining whether such withdrawal was to avoid educating the child. Presentation of a copy of such filed declaration shall satisfy the assessment, and the Division shall immediately terminate the assessment under this Code section.
Added by 2019 Ga. Laws 224,§ 3, eff. 7/1/2019.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 2 - TEACHERS' LOCAL LICENSES (§§ 20-2-810 — 20-2-811) › Section 20-2-811 - Forging, altering, or counterfeiting teacher's local certificate or license

Whoever, with intent to defraud the state or any county, town, or city or any person, shall falsely and fraudulently make, forge, alter, or counterfeit or cause or procure to be falsely and fraudulently made, forged, altered, or counterfeited or shall willingly aid or assist in falsely and fraudulently making, forging, altering, or counterfeiting any certificate or license issued by any county school superintendent or the executive officer of any local school board to a teacher shall be guilty of a felony and shall be punished as prescribed by Code Sections
16-9-1
and
16-9-2
.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 3 - PAYMENT OF SALARIES (§§ 20-2-830 — 20-2-833) › Section 20-2-830 - Power to issue warrants in anticipation of revenue

For the purpose of anticipating collection of the taxes of any year, the Governor is authorized to draw his warrant at the end of each and every month during any year, in the favor of the State School Superintendent or of the several county school superintendents and treasurers of local school systems, in the discretion of the State Board of Education, for such amount or amounts as are then due to the teachers. Such warrants shall be drawn on the funds appropriated by the legislature for any year and shall not exceed in the aggregate amount the appropriation for the public schools so made for that year. The honor of the state is pledged to the payment thereof.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 3 - PAYMENT OF SALARIES (§§ 20-2-830 — 20-2-833) › Section 20-2-831 - Sale of warrants at discount

It shall be lawful to sell at a discount warrants drawn under Code Section
20-2-830
to any person, bank, or banking institution, the sale to be made at the lowest possible rate of discount.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 3 - PAYMENT OF SALARIES (§§ 20-2-830 — 20-2-833) › Section 20-2-832 - Governor's power to use allocated funds to pay teachers; borrowing to replace funds

The Governor is authorized to use any funds in the treasury, which may have been allocated for any special fund or purpose, for the payment of public school teachers to avoid increasing the public debt of the state. Such funds shall be used without payment of interest thereon and it shall be the duty of the Governor, when any fund shall be so used, to replace the fund or funds by borrowing the amount used, if necessary, at such time as will not interfere with the expenditure for the purpose appropriated of any special or allocated funds or funds so drawn upon by the Governor by virtue of the authority granted in this Code section.
Amended by 2001 Ga. Laws 2, § 20, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 3 - PAYMENT OF SALARIES (§§ 20-2-830 — 20-2-833) › Section 20-2-833 - Additional payments to supervisors of student teachers

(a)
As used in this Code section, the term:
(1)
"Student teaching" means the full-time component of a teacher education program in which a student preparing for the education profession is jointly assigned by a teacher education institution and a school system, state operated school, or school operated by the United States Department of Defense on a military reservation for classroom experience and which is designated in a teacher education program approved by the Professional Standards Commission as student teaching or internship.
(2)
"Supervising teacher" means a public school teacher who is employed by a local board of education, state operated school, or school operated by the United States Department of Defense on a military reservation and who is designated to provide professional supervisory services in the supervision of a specific student teacher.
(3)
"Supervising teacher services certificate" or "teacher support specialist certificate" means a supplementary certificate available from the Professional Standards Commission to persons who have completed a supervising teacher or teacher support specialist program approved by the commission.
(b)
The Professional Standards Commission shall establish minimum requirements to be met by each supervising teacher or teacher support specialist.
(c)
The Department of Education shall make payments to supervising teachers or teacher support specialists for each quarter or semester in which services are provided by such personnel as determined by the Professional Standards Commission and in the following amounts:
(1)
A teacher who meets the minimum requirements established pursuant to subsection (b) of this Code section and holds a valid supervising teacher or teacher support specialist certificate shall receive $750.00 for each such quarter or semester; and
(2)
A teacher who meets the minimum requirements established pursuant to subsection (b) of this Code section but does not hold a valid supervising teacher or teacher support specialist certificate shall receive $50.00 for each such quarter or semester.
(d)
Payments made under this Code section shall be in addition to and not in lieu of any compensation otherwise payable to supervising teachers or teacher support specialists. Such payments shall be made from funds appropriated or otherwise available to the Department of Education. In the event that in any fiscal year sufficient funds are not appropriated or available to make the full amount of all payments provided for in this Code section, the payment to each supervising teacher or teacher support specialist shall be reduced pro rata.
Amended by 2001 Ga. Laws 2, § 20, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 4 - SICK, PERSONAL, AND MATERNITY LEAVE (§§ 20-2-850 — 20-2-853) › Section 20-2-851 - Use of accumulated sick leave for personal or professional reasons

During any school year, personnel may utilize up to a maximum of three days of any accumulated sick leave for the purpose of absenting themselves from their duties for personal or professional reasons if prior approval of their absence is given by the local school superintendent or his authorized representative; provided, however, that the absence is not in conflict with a local board of education policy concerning school days on which the presence of the personnel requesting absence is essential for effective school operation. No grant of approval for an absence permitted under this Code section shall be conditioned upon disclosure of the specific purpose for which such absence is sought, nor shall any such grant of approval be withheld or denied because of the failure or refusal of personnel to disclose the specific purpose for which such an absence is sought; provided, however, that personnel may be requested to state whether the absence is sought under the category of "personal" or "professional" absence.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 4 - SICK, PERSONAL, AND MATERNITY LEAVE (§§ 20-2-850 — 20-2-853) › Section 20-2-852 - Maternity leave

A leave of absence for maternity reasons shall be granted to a female employed by a public school system in a capacity specified by subsection (a) of Code Section
20-2-850
as follows:
(1)
Any such employee who is pregnant shall be entitled to a leave of absence to begin at a time to be determined by the employee, the physician, and the local school superintendent between the commencement of pregnancy and the anticipated date of delivery. The employee shall notify the superintendent in writing of her desire to take such leave and, except in case of emergency, shall give such notice at least 60 calendar days prior to the date on which her leave is to begin. This notice shall include a doctor's statement of anticipated date of physical disability. The employee may continue in active employment as late into her pregnancy as she desires provided she is able to perform properly the required functions of her job. Final determination of ability to perform properly the required job functions shall be made by the local board of education. An employee wishing to work to the date of physical disability shall be entitled to the use of all accumulated sick leave credited to her, not to exceed the doctor's estimated length of physical disability. An employee wishing to discontinue work prior to the date of physical disability shall be governed by the same sick leave provisions as apply to employees on leave for other reasons;
(2)
An employee who has been granted leave for the period of physical disability only shall be entitled to return to active employment upon presentation of a doctor's statement of physical ability to perform the required functions of the job and shall be assigned to a substantially equivalent position to be approved by the superintendent. An employee who has been granted leave for a period longer than the period of physical disability, but not to exceed one full school year, shall be entitled to return to active employment upon written request for reassignment and contingent on a vacancy for which the employee is qualified. Such employee shall be given preference equal to any other applicant returning from a period of physical disability for a vacancy for which she is qualified. In any instance, the employee's return to active employment may be delayed until the beginning of a quarter, or semester, in order to maintain continuity of classroom instruction; and
(3)
If the local school board disagrees with any doctor's statement of disability or ability, it may appoint a physician of the same medical specialty as the employee's physician for the purpose of receiving independent medical judgment.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 4 - SICK, PERSONAL, AND MATERNITY LEAVE (§§ 20-2-850 — 20-2-853) › Section 20-2-852.1 - Paternity or maternity time off for adoptive parents

A local board of education that permits paternity or maternity time off for biological parents following the birth of a child shall, upon request, make such time off available for individuals adopting a child, in the same manner and utilizing the same type of leave. If the local board of education has established a policy providing time off for biological parents, that period of time shall be the minimum period of leave available for adoptive parents. Requests for additional leave due to the adoption of an ill child or a child with a disability shall be considered on the same basis as comparable cases of such complications accompanying the birth of such a child to an employee or employee's spouse. Any other benefits provided by the local board of education, such as job guarantee or pay, shall be available to both adoptive and biological parents on an equal basis. A local board of education shall not penalize an employee for exercising the rights provided by this Code section. The provisions of this Code section shall not apply to an adoption by the spouse of a custodial parent.
Added by 2018 Ga. Laws 285,§ 3-1, eff. 9/1/2018.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 4 - SICK, PERSONAL, AND MATERNITY LEAVE (§§ 20-2-850 — 20-2-853) › Section 20-2-853 - Accumulation of and payment for additional days of unused sick leave

(a)
Personnel who have accumulated 45 days of unused sick leave may accumulate additional days of unused sick leave during each school year for the purpose of receiving the payments provided for in subsection (b) of this Code section.
(b)
Beginning with the 1988-89 school year and continuing each school year thereafter, personnel who have accumulated 45 days of unused sick leave and who then accumulate additional days of unused sick leave during a school year as authorized by Code Section
20-2-850
and who:
(1)
Have used no sick leave in that school year shall receive the state contribution for all those additional days of unused sick leave; or
(2)
Have used only one day of those additional days of sick leave in that school year
shall receive $50.00 for all those additional days of unused sick leave. The payment for such additional unused sick leave which is accumulated during a school year shall be paid to such personnel at the end of that school year.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 5 - JURY LEAVE FOR TEACHERS (§ 20-2-870) › Section 20-2-870 - Right to leave for jury duty or when subpoenaed to testify in case arising from duties as teacher; teacher not to pay substitute; retention of juror's compensation

Each person employed as a teacher in any public school of this state shall be allowed a leave of absence without loss of pay and without deduction of any amounts otherwise received as compensation for service as a teacher, for the purpose of attending any court as a juror or when subpoenaed to testify in a case arising out of the person's duties as a teacher, such as the reporting of child abuse required by Code Section
19-7-5
. Any teacher who serves as a juror or witness as provided in this Code section shall not have the jury or witness leave deducted from sick, personal, or professional leave. No teacher utilizing jury or witness leave under this Code section shall be required to pay the cost of employing a substitute teacher to serve in his absence on such jury or witness leave, and local boards of education may adopt policies regarding the retention by teachers of the compensation for serving on a jury.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 6 - HEALTH INSURANCE PLANS (§§ 20-2-874 — 20-2-930) › Subpart 1 - GEORGIA SCHOOL PERSONNEL POST-EMPLOYMENT HEALTH BENEFIT FUND (§§ 20-2-874 — 20-2-879) › Section 20-2-875 - Creation of fund; transfer of funds; use of funds

(a)
There is created the Georgia School Personnel Post-employment Health Benefit Fund to provide for the costs of post-employment health insurance benefits. The fund shall be a trust fund of public funds; the board in its official capacity shall be the fund's trustee; and the commissioner in his or her official capacity shall be its administrator.
(b)
On August 31, 2009, the board shall identify the funds held in the Georgia Retiree Health Benefit Fund created by Article 6 of Chapter 18 of Title 45 for the payment of postretirement health benefits for public school teachers and public school employees and shall on that date transfer such funds to the fund created by subsection (a) of this Code section.
(c)
The fund shall be available and dedicated without fiscal year limitations for covered health care expenses and administration costs. All employer and fund beneficiary contributions, appropriations, earnings, and reserves for the payment of obligations under this subpart shall be irrevocably credited to the fund. The amounts remaining in the fund, if any, after such health care expenses and administration costs have been paid shall be retained in the fund as a special reserve for covered health care expenses and administration costs. The board shall determine the time and amounts of distributions from the special reserve for covered health care expenses and administration costs. All assets of the fund shall be used solely for the payment of fund obligations and for no other purpose and shall be protected from creditors of the state and the employers.
Added by 2009 Ga. Laws 19,§ 1, eff. 4/21/2009.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 6 - HEALTH INSURANCE PLANS (§§ 20-2-874 — 20-2-930) › Subpart 1 - GEORGIA SCHOOL PERSONNEL POST-EMPLOYMENT HEALTH BENEFIT FUND (§§ 20-2-874 — 20-2-879) › Section 20-2-876 - Responsibilities and procedures for operation of fund

(a)
Responsibility for the proper operation of the fund is vested in the department.
(b)
The board shall adopt actuarial assumptions as it deems necessary and prudent.
(c)
The board may adopt any rules and regulations that it finds necessary to properly administer the fund.
(d)
The board shall adopt rules and regulations to account for employer contributions and other assets separately.
(e)
The commissioner, as executive officer of the board, shall employ such personnel as may be needed to carry out the provisions of this subpart and such personnel shall be employees of the department. The pro rata share of the costs of operating the department in the manner prescribed by law shall be a part of the administrative costs of the fund.
(f)
The department may employ or contract for the services of actuaries and other professionals as required to carry out the duties established by this subpart.
(g)
The department shall contract with the Division of Investment Services of the Teachers Retirement System of Georgia for any necessary services with respect to fund investments.
(h)
The department shall maintain all necessary records regarding the fund in accordance with generally accepted accounting principles, as applicable to the fund.
(i)
The department shall collect all moneys due to the fund and shall pay any administrative expenses necessary and appropriate for the operation of the fund from the fund.
(j)
The department shall prepare an annual report of fund activities for the board, the House Committee on Appropriations, and the Senate Appropriations Committee. Such reports shall include, but not be limited to, audited financial statements. The reports shall contain the most recent information reasonably available to the department reflecting the obligations of the fund, earnings on investments, and such other information as the board deems necessary and appropriate. This report is due September 30 and shall reflect activity on a state fiscal year basis.
(k)
Notwithstanding any other provision of law to the contrary, the department shall be entitled to any information that it deems necessary and appropriate from a retirement system in order that the provisions of Code Section
20-2-877
may be carried out.
Added by 2009 Ga. Laws 19,§ 1, eff. 4/21/2009.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 6 - HEALTH INSURANCE PLANS (§§ 20-2-874 — 20-2-930) › Subpart 1 - GEORGIA SCHOOL PERSONNEL POST-EMPLOYMENT HEALTH BENEFIT FUND (§§ 20-2-874 — 20-2-879) › Section 20-2-877 - Technical advice from actuary; valuations

(a)
The actuary employed or retained by the department shall provide technical advice to the department and to the board regarding the operation of the fund.
(b)
Utilizing the actuarial assumptions most recently adopted by the board, the actuary shall set annual actuarial valuations of normal cost, actuarial liability, actuarial value of assets, and related actuarial present values for the state plan for other post-employment benefits.
Added by 2009 Ga. Laws 19,§ 1, eff. 4/21/2009.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 6 - HEALTH INSURANCE PLANS (§§ 20-2-874 — 20-2-930) › Subpart 1 - GEORGIA SCHOOL PERSONNEL POST-EMPLOYMENT HEALTH BENEFIT FUND (§§ 20-2-874 — 20-2-879) › Section 20-2-878 - Commissioner authority; investment powers; prohibition of personal interest

(a)
Subject to the supervision of the board, the commissioner shall have control over the fund established by this subpart. The obligations provided for in this subpart and all administrative expenses shall be paid from the fund. The department may expend moneys from the fund for any purpose authorized by this subpart.
(b)
Subject to the supervision of the board, the commissioner shall have full power to invest and reinvest its assets, subject to all of the terms, conditions, limitations, and restrictions imposed by Article 7 of Chapter 20 of Title 47, the "Public Retirement Systems Investment Authority Law" for large retirement systems. Subject to such terms, conditions, limitations, and restrictions, the commissioner shall have full power to hold, purchase, sell, assign, transfer, and dispose of any securities and investments in which any of the moneys are invested, including the proceeds of any investments and other moneys belonging to the fund. The records maintained by the fund shall have the same exemption from public inspection as that provided in Code Section
47-1-14
.
(c)
Except as otherwise provided in this subpart, no member of the board or employee of the department shall have any personal interest in the gains or profits from any investment made by the board or use the assets of the fund in any manner, directly or indirectly, except to make such payments as may be authorized by the board or by the commissioner as the executive officer of the board in accordance with this subpart.
Added by 2009 Ga. Laws 19,§ 1, eff. 4/21/2009.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 6 - HEALTH INSURANCE PLANS (§§ 20-2-874 — 20-2-930) › Subpart 1 - GEORGIA SCHOOL PERSONNEL POST-EMPLOYMENT HEALTH BENEFIT FUND (§§ 20-2-874 — 20-2-879) › Section 20-2-879 - Minimum annual required contributions; employer obligations

(a)
The board shall annually determine the minimum annual required contributions sufficient to maintain the fund in an actuarially sound manner in accordance with Governmental Accounting Standards Board Statement No. 43 or any subsequent Governmental Accounting Standards Board statements that may be applicable to the fund.
(b)
The board may annually establish required employer contributions to the fund which are supplemental to required employer contributions to the health plans as set forth in Subparts 2 and 3 of this part.
(c)
It shall be the responsibility of employers to make contributions to the fund in accordance with the employer contribution rates established by the board.
Added by 2009 Ga. Laws 19,§ 1, eff. 4/21/2009.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 6 - HEALTH INSURANCE PLANS (§§ 20-2-874 — 20-2-930) › Subpart 2 - PLAN FOR PUBLIC SCHOOL TEACHERS (§§ 20-2-880 — 20-2-898) › Section 20-2-880 - Definitions

As used in this subpart, the term or terms:
(1)
"Board" means the Board of Community Health established under Chapter 2 of Title 31.
(2)
"Commissioner" means the commissioner of community health established under Chapter 2 of Title 31.
(3)
"Local employer" means the county or independent board of education, a charter school, regional and county libraries, and the governing authority of Georgia Military College.
(4)
"Public school teacher," "teacher," and "employee" mean and include any person employed not less than half time in a professionally certificated capacity or position in the public school systems of this state. The terms also mean and include librarians and other personnel employed not less than 30 hours per week by regional and county libraries; personnel employed by the high school program of Georgia Military College; and any professionally certificated person who has acquired ten years or more of creditable service and who is being paid retirement benefits by the Teachers Retirement System of Georgia, Chapter 3 of Title 47, or by any other public school teacher retirement system in this state. Such terms shall also mean and include any person employed not less than half time and compensated in a professionally certificated capacity or position in a charter school in this state established pursuant to either Article 31 or Article 31A of this chapter if such charter school elects to participate in the health insurance plan established pursuant to this subpart upon initial approval of its charter or, if such charter school is an existing charter school, upon renewal of its charter, upon notice by the health insurance plan provided in this part, or upon the expiration of its current health care plan. Such terms shall not be deemed to include any emergency or temporary employee. Notwithstanding this definition or any other provision of this subpart, the board may, by regulation, make available to employees who work 17 1/2 hours or more per week such benefits as are required to be made available to such employees by regulations of the United States Internal Revenue Service or any other federal authority.
(5)
"Qualified entity" means any person, association, corporation, or other legal entity with which the board is authorized under Article 1 of Chapter 18 of Title 45, relating to state employees' health insurance, to enter into contract.
Amended by 2021 Ga. Laws 158,§ 3, eff. 7/1/2021.
Amended by 2020 Ga. Laws 375,§ 1, eff. 7/1/2020.
Amended by 2014 Ga. Laws 498,§ 1, eff. 7/1/2014.
Amended by 2009 Ga. Laws 102,§ 1-7, eff. 7/1/2009.
Amended by 2008 Ga. Laws 572,§ 1, eff. 7/1/2008.
Amended by 2001 Ga. Laws 2, § 20, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 6 - HEALTH INSURANCE PLANS (§§ 20-2-874 — 20-2-930) › Subpart 2 - PLAN FOR PUBLIC SCHOOL TEACHERS (§§ 20-2-880 — 20-2-898) › Section 20-2-882 - Exclusions from coverage

Such health insurance plan shall not include expenses incurred by, or on account of, an individual prior to the effective date of the plan as to him; services received for injury or sickness due to war or any act of war, whether declared or undeclared, which war or act of war shall have occurred after the effective date of this plan; expenses for which the individual is not required to make payment; expenses to the extent of benefits provided under any employer group plan other than this plan in the cost of which the state participates; and such other expenses as may be excluded by the regulations of the board.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 6 - HEALTH INSURANCE PLANS (§§ 20-2-874 — 20-2-930) › Subpart 2 - PLAN FOR PUBLIC SCHOOL TEACHERS (§§ 20-2-880 — 20-2-898) › Section 20-2-883 - Design of plan; controls on unnecessary use of services

The health insurance plan shall be designed by the board to:
(1)
Provide a reasonable relationship between the hospital, surgical, and medical benefits to be included and the expected distribution of expenses of each such type to be incurred by the covered employees and dependents; and
(2)
Include reasonable controls, which may include deductible and coinsurance provisions applicable to some or all of the benefits, to reduce unnecessary utilization of the various hospital, surgical, and medical services to be provided and to provide reasonable assurance of stability in future years of the plan.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 6 - HEALTH INSURANCE PLANS (§§ 20-2-874 — 20-2-930) › Subpart 2 - PLAN FOR PUBLIC SCHOOL TEACHERS (§§ 20-2-880 — 20-2-898) › Section 20-2-885 - Coverage for retiring school teachers and their dependents

(a)
The contract or contracts shall provide for health insurance for retiring public school teachers and their spouses and dependent children, as defined by the regulations of the board, under such terms as the board may deem appropriate. The board shall adopt regulations prescribing the conditions under which a retiring public school teacher may elect to participate in or withdraw from the plan.
(b)
The contract or contracts shall provide for health insurance for retired public school teachers who retired prior to January 1, 1979, and their spouses and dependent children, as defined by the regulations of the board, under such terms as the board may deem appropriate. The costs of employer contributions and the administration of providing such insurance may be assessed against such retired teachers or may be appropriated to the Department of Education. The board shall adopt regulations prescribing the conditions under which a retired employee may elect to participate in or withdraw from the plan.
(c)
If a retiring or retired public school teacher or the beneficiary of such retiring or retired public school teacher exercises eligibility under board regulations to continue coverage under the plan and the retiring or retired public school teacher or the beneficiary is eligible to participate in the insurance program operated by or on behalf of the federal government under the provisions of
42 U.S.C.A. 1395
, as amended, the coverage available under the public school teachers' health insurance plan shall be subordinated to the coverage available under such federal program. The board is authorized to promulgate regulations to establish the premium paid by the retiring or retired public school teacher or beneficiary to reflect the subordination of coverage.
Amended by 2001 Ga. Laws 2, § 20, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 6 - HEALTH INSURANCE PLANS (§§ 20-2-874 — 20-2-930) › Subpart 2 - PLAN FOR PUBLIC SCHOOL TEACHERS (§§ 20-2-880 — 20-2-898) › Section 20-2-886 - Coverage for dependents - Right to coverage; agreement to pay contributions

Each employee shall be entitled to have his spouse and dependent children, as defined by the regulations of the board, included in the coverage, upon agreeing to pay his contributions to the cost of such coverage for such dependents. The board shall adopt regulations governing the discontinuance and resumption by employees of coverage for dependents.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 6 - HEALTH INSURANCE PLANS (§§ 20-2-874 — 20-2-930) › Subpart 2 - PLAN FOR PUBLIC SCHOOL TEACHERS (§§ 20-2-880 — 20-2-898) › Section 20-2-887 - Coverage for dependents - Where both husband and wife are eligible to be insured

(a)
In the situation where both husband and wife are eligible to be insured under this subpart as either a retired public school teacher, a retiring public school teacher, or an employee, each may enroll for dependent coverage so that the benefits provided by this program will be coordinated; provided, however, the sum of the total benefits provided by this program will not exceed the reasonable charges for covered services.
(b)
The board shall by July 1, 1980, develop and contract for a plan of health insurance which provides for the coordination of benefits coverage specified in subsection (a) of this Code section. Those persons who elect to enroll in such plan and who are presently insured under this subpart shall have six months from the effective date of the plan to enroll without furnishing a satisfactory health statement, after which anyone electing such coordination of benefits coverage must furnish such health statement.
Amended by 2001 Ga. Laws 2, § 20, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 6 - HEALTH INSURANCE PLANS (§§ 20-2-874 — 20-2-930) › Subpart 2 - PLAN FOR PUBLIC SCHOOL TEACHERS (§§ 20-2-880 — 20-2-898) › Section 20-2-888 - Coverage for certain surviving spouses and teachers not entitled to retirement benefits

Notwithstanding any other provisions of this subpart to the contrary, the board shall offer coverage to the surviving spouse of any teacher who died prior to January 1, 1979, and to any teacher with eight or more years of creditable service who is not presently eligible to receive retirement benefits. The surviving spouse or teacher shall pay in monthly installments both the employer and employee premiums for such insurance coverage. The amount of the monthly premiums shall be equal to the rate of employer and employee contributions in effect during the existence of the coverage.
Amended by 2001 Ga. Laws 344, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 6 - HEALTH INSURANCE PLANS (§§ 20-2-874 — 20-2-930) › Subpart 2 - PLAN FOR PUBLIC SCHOOL TEACHERS (§§ 20-2-880 — 20-2-898) › Section 20-2-889 - Coverage for personnel other than teachers

Any local employer may provide for the coverage of other personnel who are not included in paragraph (4) of Code Section
20-2-880
by a separate contract with the board.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 6 - HEALTH INSURANCE PLANS (§§ 20-2-874 — 20-2-930) › Subpart 2 - PLAN FOR PUBLIC SCHOOL TEACHERS (§§ 20-2-880 — 20-2-898) › Section 20-2-890 - Claims; payment of benefits; time for presentation of drafts

(a)
Any benefits payable under the health insurance plan may be made either directly to the attending physicians, hospitals, medical groups, or others furnishing the services upon which a claim is based or to the covered employee upon presentation of valid bills for such services, subject to such provisions to facilitate payment as may be made by the board.
(b)
Such claims must be presented in writing to the board or its designee within two years from the date the service was rendered, or else no benefits will be owed or paid.
(c)
All drafts or checks issued by the board or its designee shall be void if not presented and accepted by the drawer's bank within six months of the date the draft or check was drawn. If the payee or member does not present the draft or check for acceptance during the seven years following the date the draft or check was issued, the draft or check will be void, funds will be retained in the insurance fund, and further payments for such claim will not be owed or paid.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 6 - HEALTH INSURANCE PLANS (§§ 20-2-874 — 20-2-930) › Subpart 2 - PLAN FOR PUBLIC SCHOOL TEACHERS (§§ 20-2-880 — 20-2-898) › Section 20-2-891 - Health insurance fund for public school teachers

(a)
A health insurance fund is created for public school teachers. The fund shall be available without fiscal year limitations for premiums, subscription charges, benefits, and administration costs. The amounts contributed by the state or from federal funds pursuant to this subpart shall be credited to such health insurance fund. All other income, including the income derived from dividends, premium rate adjustments, or other refunds under any such contract or contracts, shall be credited to and constitute a part of such fund. Any amounts remaining in such fund after all premiums or subscription charges and other expenses have been paid shall be retained in such fund as a special reserve for adverse fluctuation. The commissioner shall be the custodian of such health insurance fund and shall be responsible under a properly approved bond for all moneys coming into the fund and paid out of the fund as may be required to be paid to any contracting corporation under any contract entered into pursuant to this subpart and to cover administrative costs.
(b)
Any amounts held by the health insurance fund which are available for investment shall be paid over to the Office of the State Treasurer. The state treasurer shall deposit such funds in a trust account for credit only to the health insurance fund. The state treasurer shall invest these health insurance funds subject to the limitations of Code Section
50-5A-7
and Chapter 17 of Title 50. All income derived from such investment shall accrue to the health insurance fund. When moneys are paid over to the Office of the State Treasurer as provided in this subsection, the commissioner shall submit an estimate of the date such funds shall no longer be available for investment. When the commissioner wishes to withdraw funds from the trust account provided for in this subsection, he or she shall submit a request for such withdrawal, in writing, to the state treasurer.
(c)
Notwithstanding any provision of law to the contrary, the commissioner may combine the fund provided for in this Code section with the funds provided for in Code Section
20-2-918
and Code Section
45-18-12
.
Amended by 2010 Ga. Laws 621,§ 3, eff. 7/1/2010.
Amended by 2010 Ga. Laws 621,§ 2, eff. 7/1/2010.
Amended by 2005 Ga. Laws 124,§ 1, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 6 - HEALTH INSURANCE PLANS (§§ 20-2-874 — 20-2-930) › Subpart 2 - PLAN FOR PUBLIC SCHOOL TEACHERS (§§ 20-2-880 — 20-2-898) › Section 20-2-892 - Contributions by employees, state, and local employers; withholding or deducting employees' contributions

(a)
During any period in which an employee is covered under the health insurance plan authorized by this subpart prior to the date of his retirement, there shall be withheld from each salary payment of such employee, as his share of the costs of coverage under this plan, such portion of the premium or subscription charges under the terms of any contract or contracts issued in accordance with this subpart as may be established by the board. During any month in which the benefits are being paid by the Teachers Retirement System of Georgia to an individual so covered under this program, contributions shall be deducted from such payments in the amounts prescribed by the board with consent of the recipient.
(b)
As the local employer's share, the local employer shall contribute to the health insurance fund such portion of the cost of such benefits as may be established by the Governor and the board and, in addition thereto, an amount to be established by the board to defray the cost of administration. The board shall determine whether such portion shall be determined based upon a percentage of the total outlay for the salaries of teachers employed by the local employer or determined on an amount per employee electing coverage under the plan based on the coverage elected, in accordance with the appropriation of funds. If a local employer fails to remit the employer's share as calculated by the commissioner, as provided in this Code section, it shall be the duty of the commissioner to notify the State Board of Education of such failure and it shall be the duty of the State Board of Education to, with reasonable promptness, withhold from the employer which has failed to comply sufficient state funds as calculated by the commissioner to fully satisfy the outstanding obligation of the local employer to the health insurance fund. Such withheld funds shall be promptly transmitted by the state board to the Department of Community Health.
Amended by 2015 Ga. Laws 241,§ 36, eff. 7/1/2015.
Amended by 2005 Ga. Laws 124,§ 2, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 2 - ELEMENTARY AND SECONDARY EDUCATION (§§ 20-2-1 — 20-2-2140) › Article 17 - TEACHERS AND OTHER SCHOOL PERSONNEL (§§ 20-2-790 — 20-2-989.33) › Part 6 - HEALTH INSURANCE PLANS (§§ 20-2-874 — 20-2-930) › Subpart 2 - PLAN FOR PUBLIC SCHOOL TEACHERS (§§ 20-2-880 — 20-2-898) › Section 20-2-893 - Providing for funds required annually for costs of employer contributions and administration of health insurance for retirees

At an appropriate time during each year, the commissioner shall certify to the State School Superintendent the amount of funds that will need to be paid to the board by the Department of Education for the costs of employer contributions and the administration of providing such insurance for retired teachers as provided for by Code Section
20-2-885
; and in his annual budget for the Department of Education, the State School Superintendent shall make provision for funds sufficient to pay the board such payment.