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 6 - QUALITY BASIC EDUCATION (§§ 20-2-130 — 20-2-329.2) › Part 14 - OTHER EDUCATIONAL PROGRAMS (§§ 20-2-300 — 20-2-319.7) › Section 20-2-316 - Involvement of athletic association in high school athletics

(a)
As used in this Code section, the term "athletic association" means any association of schools or any other similar organization which acts as an organizing, sanctioning, scheduling, or rule-making body for interscholastic athletic events in which public high schools in this state participate.
(b)
No high school which receives funding under this article shall participate in, sponsor, or provide coaching staff for interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association unless the charter, bylaws, or other governing documents of such athletic association comply with this Code section. In order to comply with this Code section, such charter, bylaws, or other governing documents shall provide that:
(1)
The athletic association shall comply with the requirements of subsections (a) through (f) of Code Section
20-2-315
, as those requirements relate to the athletic association's functions of organizing, sanctioning, scheduling, or rule making for events in which public high schools participate;
(2)
The athletic association shall comply with the requirements of Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, and Chapter 14 of Title 50, relating to open and public meetings, to the extent that such records and meetings relate to the athletic association's activities with respect to public high schools; provided, however, that such athletic association shall not be required to comply with such statutes or to conduct open and public meetings or provide inspection of records where the sole subject of such meeting or record pertains to the academic records or performance of an individual student or the eligibility of an individual student to participate or to continue to participate in sponsored events or contests based on academics; provided, further, however, that where a meeting or record of such association is devoted in part to matters excepted in the preceding proviso, any portion of the meeting or record not subject to such exception shall be open to the public; and
(3)
The athletic association shall, no later than October 1, 2003, and every year thereafter, submit a report to the General Assembly regarding its compliance with paragraph (1) of this subsection. Such report shall address the number, type, and disposition of written requests for the association to organize and administer regional or state events for additional or different sports; written requests for information regarding the types of athletic events for public high school students that the association organizes and administers; and written inquiries and complaints received by the association with respect to gender discrimination in connection with public high school events. The report shall address all such written requests, inquiries, and complaints, regardless of whether such request, inquiry, or complaint is made by letter, e-mail, memorandum, or any other form of written communication. Each report shall cover the time period beginning on July 1 of the previous year and ending on June 30 of the year in which the report is due. The initial report due on October 1, 2003, shall cover the time periods of July 1, 2000, through June 30, 2001; July 1, 2001, through June 30, 2002; and July 1, 2002, through June 30, 2003. In addition, the athletic association shall have in effect a policy requiring notification to persons who make such requests, inquiries, or complaints verbally that such request, inquiry, or complaint will not be included in the association's reporting to the General Assembly regarding compliance with this Code section unless such request, inquiry, or complaint is made in writing.
(c)
(1)
No high school which receives funding under this article shall participate in, sponsor, or provide coaching staff for interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association unless the athletic association complies with the provisions of this subsection by having a charter, bylaws, and other governing documents which provide for governance and operational oversight by an executive oversight committee as follows:
(A)
The executive oversight committee shall comprise ten members as follows:
(i)
One member to be appointed by the Governor;
(ii)
One member to be appointed by the Lieutenant Governor;
(iii)
One member to be appointed by Speaker of the House of Representatives;
(iv)
Two members to be appointed by the Georgia School Superintendents Association, with one such member representing approximately one-half of the athletic association's participating schools with classifications by the athletic association based on lower student enrollment figures and the other such member representing approximately one-half of the athletic association's participating schools with classifications by the athletic association based on higher student enrollment figures;
(v)
One member to be appointed by the Georgia School Boards Association;
(vi)
One member to be appointed by a state-wide association of high school athletic coaches with a current membership of not less than 300 Georgia residents and which is recognized by a majority of the executive oversight committee;
(vii)
One member to be appointed by a state-wide association of high school athletic officials, referees, and umpires with a current membership of not less than 300 Georgia residents and which is recognized by a majority of the executive oversight committee; and
(viii)
Two members to be appointed by the governing body of the athletic association, with one such member representing approximately one-half of the athletic association's participating schools with classifications by the athletic association based on lower student enrollment figures and the other such member representing approximately one-half of the athletic association's participating schools with classifications by the athletic association based on higher student enrollment figures;
(B)
A quorum of the executive oversight committee shall consist of 6 members;
(C)
The executive oversight committee shall elect a chairperson and vice chairperson from among its members;
(D)
Members of the executive oversight committee shall serve terms of three years and are eligible to succeed themselves only once. The athletic association's bylaws shall establish a rotation of terms to ensure that a majority of the members' terms do not expire concurrently. The athletic association's bylaws shall provide for successors to such members who vacate office for any reason;
(E)
The authority and duties of the executive oversight committee shall include:
(i)
To meet in person or remotely not less than twice each school year;
(ii)
To meet in person or remotely upon the call of the chairperson or a majority of the executive oversight committee;
(iii)
To establish policies and procedures for the executive oversight committee;
(iv)
To conduct any independent audit, review, or investigation the executive oversight committee deems necessary, including, but not limited to, the audit, review, or investigation of the classifications of participating schools and travel-related issues of participating schools;
(v)
If the athletic association determines that it is necessary and appropriate to prohibit students whose gender is male from participating in athletic events that are designated for students whose gender is female, then the athletic association may adopt a policy to that effect; provided, however, that such policy shall be applied to all of the athletic association's participating public high schools; and
(vi)
To conduct an annual evaluation of the athletic association as a whole and present a report of its findings, recommendations, and conclusions to the General Assembly's High School Athletics Overview Committee; and
(F)
Travel and other expenses actually incurred by the executive oversight committee, or any member thereof in the performance of his or her duties, shall be reimbursed by the athletic association.
(2)
Any high school that participates in, sponsors, or provides coaching staff for interscholastic sports events which are conducted under the authority of, conducted under the rules of, or scheduled by any athletic association that does not comply with the provisions of this Code section shall forfeit its allotted funding provided for under this article.
Amended by 2022 Ga. Laws 719,§ 2-1, eff. 7/1/2022.