reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-11) › Section 20-1-8 - Placement of lottery funds into Construction Reserve Trust Fund

Any lottery funds appropriated for purposes of new capital construction shall be placed in a Construction Reserve Trust Fund to be maintained by the appropriate fiscal officers of state government. Funds so placed in the Construction Reserve Trust Fund shall be deemed to be committed for educational purposes and programs in compliance with subsection (d) of Code Section
50-27-13
. Any such funds must be designated by project by the appropriate educational agency no later than June 30 of the fiscal year for which the funds were appropriated. Any such funds must be contractually obligated no later than June 30 of the fiscal year following the fiscal year for which the funds were appropriated. Any funds not designated or contractually obligated within such time periods shall lapse; and additionally any funds not expended as originally designated and obligated within 24 months after the close of the fiscal year for which such funds were originally appropriated shall lapse. Any funds so lapsing shall lapse to the general fund of the state treasury and shall be credited to the Lottery for Education Account.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-11) › Section 20-1-9 - "Local school system," "local boards of education," and "county boards of education" defined

Except as may otherwise be specifically provided, as used in this title, the term "local school system" shall refer to both any county school system and any independent school system which may be in existence in a county. The terms "local boards of education" and "county boards of education" shall refer to both any county board of education and the board of education of any independent school system which may be in existence in a county.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-11) › Section 20-1-10 - Certification by Department of Public Safety required prior to contracting with motor or contract carrier

(a)
As used in this Code section, the term "educational institution" means any elementary or secondary school, any child care learning center, and any college, university, technical school, or other institution of higher learning.
(b)
No educational institution receiving state funds shall enter into an agreement with a motor carrier or contract carrier for the purpose of transporting students without first verifying that such carrier is certified by the Department of Public Safety as required by Article 5 of Chapter 2 of Title 35, the Federal Motor Carrier Safety Administration, or any other similarly required certifying agency.
Amended by 2012 Ga. Laws 632,§ II-4, eff. 7/1/2012.
Amended by 2011 Ga. Laws 245,§ 20, eff. 5/13/2011.
Added by 2010 Ga. Laws 447,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 1A - CAREGIVER EDUCATIONAL CONSENT (§§ 20-1-14 — 20-1-19) › Section 20-1-14 - Short title

This article shall be known and may be cited as "The Caregiver Educational Consent Act."
Added by 2017 Ga. Laws 35,§ 2, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 1A - CAREGIVER EDUCATIONAL CONSENT (§§ 20-1-14 — 20-1-19) › Section 20-1-15 - Definitions

As used in this article, the term:
(1)
"Child" means any individual under 18 years of age.
(2)
"Fictive kin" means an individual who is known to a child as a relative but is not in fact related by blood or marriage to such child and with whom such child has resided or had significant contact.
(3)
"Kinship caregiver" means a grandparent, great-grandparent, aunt, uncle, great aunt, great uncle, cousin, sibling, or fictive kin who has assumed responsibility for raising a child in an informal, noncustodial, or guardianship capacity upon the parents or legal custodians of such child:
(A)
Losing or abdicating the ability to care for such child; or
(B)
Being unable to ensure that the child will attend school for reasons, including, but not limited to:
(i)
A parent or legal custodian being unable to provide care due to the death of a parent or legal custodian;
(ii)
A serious illness or terminal illness of a parent or legal custodian;
(iii)
The physical or mental condition of the parents or legal custodians such that proper care and supervision of the child cannot be provided;
(iv)
The incarceration of a parent or legal custodian;
(v)
The inability to locate the parents or legal custodians;
(vi)
The loss or uninhabitability of the child's home as the result of a natural disaster; or
(vii)
A period of active military duty of the parents or legal custodians exceeding 24 months.
(4)
"Legal custodian" means a person who has been awarded permanent custody of a child by court order.
(5)
"Parent" means the legal father or the legal mother of a child.
(6)
"Reasonable efforts" means actions that a reasonable individual would find sufficient to determine whether one conclusion is more likely than the other.
Amended by 2019 Ga. Laws 321,§ 20, eff. 5/12/2019.
Added by 2017 Ga. Laws 35,§ 2, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 1A - CAREGIVER EDUCATIONAL CONSENT (§§ 20-1-14 — 20-1-19) › Section 20-1-16 - Kinship caregiver authorized to provide legal consent

(a)
A kinship caregiver shall be authorized, on behalf of a child residing with the kinship caregiver, which child is not in the custody of the Division of Family and Children Services of the Department of Human Services, to give legal consent for such child to:
(1)
Receive any educational services;
(2)
Receive medical services directly related to academic enrollment; or
(3)
Participate in any curricular or extracurricular activities
for which parental consent is usually required by executing the affidavit described in Code Section
20-1-18
. The affidavit shall not be valid for more than one year after the date on which it is executed.
(b)
Upon transmitting to a school an executed affidavit described in Code Section
20-1-18
, the kinship caregiver shall serve as the school's point of contact for the child regarding truancy, discipline, and educational progress for as long as such affidavit shall continue to be in effect.
(c)
The decision of a kinship caregiver to consent to or refuse educational services or medical services directly related to academic enrollment or any curricular or extracurricular activities for a child residing with the kinship caregiver shall be superseded by any contravening decision of a parent or a person having legal custody of the child, provided that the decision of the parent or legal custodian does not jeopardize the life, health, safety, or welfare of the child.
(d)
Reasonable efforts shall be made by the kinship caregiver to locate at least one of the child's parents prior to the notarization and submission of the affidavit set forth in Code Section
20-1-18
.
(e)
Nothing in this Code section shall apply to, or give authority for, an abortion as provided in Code Section
15-11-682
or any other provision of law.
Added by 2017 Ga. Laws 35,§ 2, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 1A - CAREGIVER EDUCATIONAL CONSENT (§§ 20-1-14 — 20-1-19) › Section 20-1-17 - Reliance on properly executed affidavit; notice of child ceasing to reside with kinship caregiver; provision of false information in execution of affidavit

(a)
No person who acts in good faith reliance on a properly executed kinship caregiver's affidavit, having no actual knowledge of any facts contrary to those stated in the affidavit, shall be subject to civil liability or criminal prosecution, or to professional disciplinary procedure, for any action which would have been proper if the facts had been as they believed them to be. This subsection shall apply even if educational services or medical services directly related to academic enrollment or any curricular or extracurricular activities are rendered to a child in contravention of the wishes of the parent or legal custodian of such child; provided, however, that the person rendering the educational services or medical services directly related to academic enrollment or any curricular or extracurricular activities shall not have actual knowledge of the wishes of the parent or legal custodian.
(b)
A person who relies on a properly executed kinship caregiver's affidavit has no obligation to make further inquiry or investigation. Nothing in this article shall relieve any person of responsibility for violations of other provisions of law, rules, or regulations.
(c)
If a child ceases to reside with a kinship caregiver for a period in excess of 30 days, such kinship caregiver shall, not later than 30 days after such period, notify all parties to whom he or she has transmitted the affidavit or to whom he or she has caused the affidavit to be transmitted.
(d)
Any individual who knowingly provides false information in executing the affidavit required by this article commits the offense of false swearing within the meaning of Code Section
16-10-71
and shall be subject to the penalties prescribed by such Code section.
Amended by 2019 Ga. Laws 321,§ 20, eff. 5/12/2019.
Added by 2017 Ga. Laws 35,§ 2, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 1A - CAREGIVER EDUCATIONAL CONSENT (§§ 20-1-14 — 20-1-19) › Section 20-1-19 - Article does not supersede "Supporting and Strengthening Families Act."

Nothing in this article shall be construed to supersede Article 4 of Chapter 9 of Title 19, the "Supporting and Strengthening Families Act."
Added by 2017 Ga. Laws 35,§ 2, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 2 - DRUG-FREE POSTSECONDARY EDUCATION ACT (§§ 20-1-20 — 20-1-27) › Section 20-1-20 - Short title

This article shall be known and may be cited as the "Drug-free Postsecondary Education Act of 1990."
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 2 - DRUG-FREE POSTSECONDARY EDUCATION ACT (§§ 20-1-20 — 20-1-27) › Section 20-1-21 - Legislative findings and intent

The General Assembly finds that the manufacture, distribution, sale, possession, or use of marijuana, controlled substances, or dangerous drugs in an unlawful manner is a serious threat to the public health, safety, and welfare and to the academic achievement of students enrolled in the public and nonpublic colleges, universities, and postsecondary technical institutes of this state. It is declared to be a primary purpose and goal of this state, of all of its agencies and instrumentalities, and of all of its public officials and employees to take all reasonable steps possible to eradicate the unlawful manufacture, distribution, sale, possession, and use of marijuana, controlled substances, and dangerous drugs. With this purpose in mind, the General Assembly declares that the public and nonpublic colleges, universities, and postsecondary technical institutes in this state must be absolutely free of any person who would knowingly manufacture, distribute, sell, possess, or use marijuana, a controlled substance, or a dangerous drug in an unlawful manner. For this reason, the General Assembly enacts this article.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 2 - DRUG-FREE POSTSECONDARY EDUCATION ACT (§§ 20-1-20 — 20-1-27) › Section 20-1-22 - Definitions

As used in this article, the term:
(1)
"Authority" means the Georgia Student Finance Authority created pursuant to Code Section
20-3-313
.
(2)
"Controlled substance" means any drug, substance, or immediate precursor included in the definition of the term "controlled substance" in paragraph (4) of Code Section
16-13-21
.
(3)
"Convicted" or "conviction" refers to a plea of guilty, a finding of guilty by a court of competent jurisdiction, or the acceptance of a plea of nolo contendere or affording of first offender treatment by a court of competent jurisdiction, irrespective of the pendency or availability of any appeal or application for collateral relief.
(4)
"Dangerous drug" means any drug or substance defined as such under Code Section
16-13-71
.
(5)
"Date of conviction" means the date that the trial court determines guilt and enters judgment thereon or the date on which the court accepts a plea of nolo contendere or formally allows a person to receive first offender treatment.
(6)
"Marijuana" shall have the same meaning as such term is defined in paragraph (16) of Code Section
16-13-21
.
(7)
"Nonpublic educational institution" means any postsecondary educational institution not established, operated, or governed by the State of Georgia.
(8)
"Public educational institution" means:
(A)
Any two-year college, college, university, or other institution of higher learning under the management and control of the Board of Regents of the University System of Georgia; and
(B)
Any postsecondary technical school under the management and control of the State Board of the Technical College System of Georgia.
(9)
"Student" means any person who is enrolled as a student in courses for academic credit on a full-time, part-time, temporary, or intermittent basis in any public or nonpublic educational institution.
Amended by 2011 Ga. Laws 225,§ 3, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 2 - DRUG-FREE POSTSECONDARY EDUCATION ACT (§§ 20-1-20 — 20-1-27) › Section 20-1-23 - Disciplinary action for student of public educational institution

Any student of a public educational institution who is convicted, under the laws of this state, the United States, or any other state, of any felony offense involving the manufacture, distribution, sale, possession, or use of marijuana, a controlled substance, or a dangerous drug shall as of the date of conviction be suspended from the public educational institution in which such person is enrolled. Except for cases in which the institution has previously taken disciplinary action against a student for the same offense, such suspension shall be effective as of the date of conviction, even though the educational institution may not complete all administrative actions necessary to implement such suspension until a later date. Except for cases in which the institution has already imposed disciplinary sanctions for the same offense, such suspension shall continue through the end of the term, quarter, semester, or other similar period for which the student was enrolled as of the date of conviction. The student shall forfeit any right to any academic credit otherwise earned or earnable for such term, quarter, semester, or other similar period; and the educational institution shall subsequently revoke any such academic credit which is granted prior to the completion of administrative actions necessary to implement such suspension.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 2 - DRUG-FREE POSTSECONDARY EDUCATION ACT (§§ 20-1-20 — 20-1-27) › Section 20-1-24 - Disciplinary action for student of nonpublic educational institution

(a)
Any student of a nonpublic educational institution who is convicted, under the laws of this state, the United States, or any other state, of any felony offense involving the manufacture, distribution, sale, possession, or use of marijuana, a controlled substance, or a dangerous drug shall as of the date of conviction be denied state funds for any loans, grants, or scholarships administered under the authority of Part 3 of Article 7 of Chapter 3 of this title, the 'Georgia Student Finance Authority Act,' or similar loans, grants, or scholarships, including, but not limited to, student incentive grants or tuition equalization grants. The authority is authorized to define such terms and prescribe such rules, regulations, and procedures as may be reasonable and necessary to carry out the purposes of this article.
(b)
Such denial of state funds shall be effective as of the first day of the term, quarter, semester, or other similar period for which the student was enrolled immediately following the date of conviction or the date on which the court accepts a plea of nolo contendere or formally allows a student to receive first offender treatment and shall continue through the end of such term, quarter, semester, or other similar period for which the student was enrolled. Any nonpublic educational institution operating within this state that receives state funds shall agree to comply with this article in order to be eligible for its students to receive state funds through scholarships, grants, or loan programs.
Amended by 2024 Ga. Laws 399,§ 2-6, eff. 6/30/2024.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 2 - DRUG-FREE POSTSECONDARY EDUCATION ACT (§§ 20-1-20 — 20-1-27) › Section 20-1-25 - Additional sanctions permissible

The suspension sanctions and sanctions involving denial of state funds as prescribed in this article are intended as minimum sanctions, and nothing in this article shall be construed to prohibit any educational institution from establishing and implementing additional or more stringent sanctions for felony offenses and other conduct involving the unlawful manufacture, distribution, sale, possession, or use of marijuana, a controlled substance, or a dangerous drug.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 2 - DRUG-FREE POSTSECONDARY EDUCATION ACT (§§ 20-1-20 — 20-1-27) › Section 20-1-26 - Promulgation of administrative procedures for implementation of article

Administrative procedures for the implementation of this article shall be promulgated for the educational institutions under their respective management and control by the Board of Regents of the University System of Georgia and the State Board of the Technical College System of Georgia or the individual nonpublic educational institutions. Such procedures shall provide for relief from sanctions previously imposed under this article against a person whose conviction is subsequently overturned on appeal or through collateral relief.
Amended by 2011 Ga. Laws 225,§ 3, eff. 7/1/2011.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 2 - DRUG-FREE POSTSECONDARY EDUCATION ACT (§§ 20-1-20 — 20-1-27) › Section 20-1-27 - Applicability of article

This article shall apply only with respect to felony offenses committed on or after July 1, 1990; provided, however, that nothing in this Code section shall prevent any educational institution from implementing sanctions additional to or other than those provided for in this article with respect to offenses committed prior to July 1, 1990.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 3 - MANDATORY REPORTING OF HAZING (§ 20-1-30) › Section 20-1-30 - Establishment of school policies on hazing; public disclosure of incidents; confidentiality of student information

(a)
As used in this Code section, the term:
(1)
"Hazing" shall have the same meaning as provided for under Code Section
16-5-61
.
(2)
"School" shall have the same meaning as provided for under Code Section
16-5-61
.
(3)
"School organization" shall have the same meaning as provided for under Code Section
16-5-61
.
(4)
"Student" shall have the same meaning as provided for under Code Section
16-5-61
.
(b)
Not later than July 1, 2021, each school shall establish policies to facilitate the:
(1)
Reporting, investigation, provision of due process, and administrative adjudication of alleged incidents of hazing as related to students and student organizations; and
(2)
Public disclosure of administrative adjudications of hazing or hazing related convictions within 15 calendar days of final adjudication or public notice of criminal conviction.
(c)
The public disclosure of each incident of hazing adjudicated pursuant to subsection (b) of this Code section, criminal convictions for hazing pursuant to Code Section
16-5-61
, and other criminal convictions arising from any incident of hazing shall require the following minimum information be posted prominently on the school's website for a period of not less than five years after final adjudication or conviction:
(1)
The name of any school organization involved;
(2)
The date or dates on which the hazing occurred; and
(3)
A description of the specific hazing related findings, sanctions, adjudications, and convictions for any person or school organization.
(d)
Public disclosure provided pursuant to subsection (c) of this Code section shall not include the personal identifying information of any individual student and shall be subject to the requirements of the federal Family Educational Rights and Privacy Act (FERPA),
20 U.S.C. Section 1232g
.
Amended by 2024 Ga. Laws 701,§ 6, eff. 7/1/2024.
Amended by 2022 Ga. Laws 782,§ 20, eff. 5/2/2022.
Added by 2021 Ga. Laws 144,§ 3, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 4 - COUNCIL ON LITERACY (§§ 20-1-40 — 20-1-45) › Section 20-1-40 - [Effective until 12/31/2026] Definitions

As used in this article, the term:
(1)
"Council" means the Georgia Council on Literacy established under this article.
(2)
"Evidence based literacy instruction methods and curricula" means instructional materials, instructional practices, and curricula that are scientifically based reading instruction, or multisensory language instruction, including oral language development, phonological awareness, and phonics instruction that includes decoding and encoding, fluency, writing, vocabulary, reading, and comprehension.
Added by 2023 Ga. Laws 8,§ 2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 4 - COUNCIL ON LITERACY (§§ 20-1-40 — 20-1-45) › Section 20-1-41 - [Effective until 12/31/2026] Council created

There is established the Georgia Council on Literacy for the purpose of conducting comprehensive reviews of birth to postsecondary programs, the alignment of state support for such programs, and other issues related to improving the literacy outcomes of Georgia students.
Added by 2023 Ga. Laws 8,§ 2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 4 - COUNCIL ON LITERACY (§§ 20-1-40 — 20-1-45) › Section 20-1-43 - [Effective until 12/31/2026] Meetings; transacting business; expenses

(a)
The council may conduct meetings at such places and times as it deems necessary or convenient to enable it to fully and effectively exercise its powers, perform its duties, and accomplish the objectives and purposes of this article; provided, however, that the council shall meet not less than four times per year. The council shall hold meetings at the call of the chairperson.
(b)
(1)
From among the members provided for in Code Section
20-1-42
, five shall be designated as an executive committee of voting members of the council as follows:
(A)
One designated by the Governor;
(B)
One designated by the President of the Senate;
(C)
One designated by the Speaker of the House of Representatives;
(D)
The member who is the representative of the State Board of Education appointed by the Governor as provided in subparagraph (a)(1)(C) of Code Section
20-1-42
; and
(E)
The chairperson of the council, who shall serve as the chairperson of such executive committee.
(2)
A quorum for transacting business of the council shall be a majority of the voting members of the council provided for in paragraph (1) of this subsection.
(c)
Legislative members of the council shall receive the allowances provided for in Code Section
28-1-8
. Nonlegislative members of the council shall receive a daily expense allowance in the amount specified in subsection (b) of Code Section
45-7-21
as well as the mileage or transportation allowance authorized for state employees. Members of the council who are state officials, other than legislative members, or state employees shall receive no compensation for their services on the council, but shall be reimbursed for expenses incurred by them in the performance of their duties as members of the council in the same manner as they are reimbursed for expenses in their capacities as state officials or state employees. The funds necessary for the reimbursement of the expenses of state officials, other than legislative members, and state employees shall come from funds appropriated to or otherwise available to their respective departments. All other funds necessary to carry out the provisions of this article shall come from funds appropriated to the Senate and the House of Representatives.
Amended by 2024 Ga. Laws 461,§ 1, eff. 4/23/2024.
Added by 2023 Ga. Laws 8,§ 2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1 - GENERAL PROVISIONS (§§ 20-1-1 — 20-1-45) › Article 4 - COUNCIL ON LITERACY (§§ 20-1-40 — 20-1-45) › Section 20-1-45 - [Effective until 12/31/2026] Termination

The council shall be abolished and this article shall stand repealed on December 31, 2026.
Added by 2023 Ga. Laws 8,§ 2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1A - EARLY CARE AND LEARNING (§§ 20-1A-1 — 20-1A-45) › Article 1 - GENERAL PROVISIONS (§§ 20-1A-1 — 20-1A-18) › Section 20-1A-1 - Creation

The Department of Early Care and Learning is created as a department of the executive branch of state government and shall have the duties, responsibilities, functions, powers, and authority set forth in this chapter and otherwise provided by law. The Department of Early Care and Learning is the successor to the Office of School Readiness and shall have the duties, responsibilities, functions, powers, authority, employees, office equipment, furniture, and other assets formerly held by the Office of School Readiness. The Department of Early Care and Learning shall be a separate budget unit.
Added by 2004 Ga. Laws 565, § 1, eff. 10/1/2004.
Former Chapter 1A, "Office of School Readiness," is repealed by 2004 Ga. Laws 565, § 1, eff. 10/1/2004.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1A - EARLY CARE AND LEARNING (§§ 20-1A-1 — 20-1A-45) › Article 1 - GENERAL PROVISIONS (§§ 20-1A-1 — 20-1A-18) › Section 20-1A-5 - Impact of transfer of operations on individuals

This chapter shall not be construed to impair or affect the rights of persons previously transferred to the Office of School Readiness who were members of the Teachers Retirement System of Georgia created in Chapter 3 of Title 47 and who elected to continue membership in such retirement system in accordance with previous law.
Added by 2004 Ga. Laws 565, § 1, eff. 10/1/2004.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1A - EARLY CARE AND LEARNING (§§ 20-1A-1 — 20-1A-45) › Article 1 - GENERAL PROVISIONS (§§ 20-1A-1 — 20-1A-18) › Section 20-1A-6 - Department to succeed to applicable rules and regulations

The department shall succeed to all rules, regulations, policies, procedures, and pending and finalized administrative orders of the Office of School Readiness which are in effect on September 30, 2004. Such rules, regulations, policies, and procedures shall remain in effect until amended, repealed, superseded, or nullified by the board or commissioner, as applicable.
Added by 2004 Ga. Laws 565, § 1, eff. 10/1/2004.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1A - EARLY CARE AND LEARNING (§§ 20-1A-1 — 20-1A-45) › Article 1 - GENERAL PROVISIONS (§§ 20-1A-1 — 20-1A-18) › Section 20-1A-7 - Pre-kindergarten name change required in publications, posters, banners, and signs

Each newly printed publication, poster, banner, or sign created for the pre-kindergarten program by the department or a provider of pre-kindergarten services shall refer to the program as "Georgia's Pre-K Program."
Added by 2004 Ga. Laws 565, § 1, eff. 10/1/2004.
Added by 2002 Ga. Laws 903, § 2, eff. 5/14/2002.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1A - EARLY CARE AND LEARNING (§§ 20-1A-1 — 20-1A-45) › Article 1 - GENERAL PROVISIONS (§§ 20-1A-1 — 20-1A-18) › Section 20-1A-9 - Authority to license and regulate child care learning centers and family child care learning homes transferred to department

The department shall succeed to all rights and responsibilities relating to licensure and regulation of day-care centers (now known as child care learning centers), group day-care homes (now known as child care learning centers), and family day-care homes (now known as family child care learning homes), including such rules, regulations, policies, procedures, and pending and finalized administrative orders of the Department of Human Resources (now known as the Department of Human Services), the Georgia Child Care Council, and the Office of State Administrative Hearings, where applicable, which are in effect on September 30, 2004, and which relate to the functions transferred to the department pursuant to Code Section
20-1A-8
. Such rights, responsibilities, licenses issued pursuant to previous law, procedures, and orders shall remain in effect until amended, repealed, superseded, or nullified by the commissioner. Such rules, regulations, and policies shall remain in effect until amended, repealed, superseded, or nullified by the board.
Amended by 2015 Ga. Laws 163,§ 1, eff. 1/1/2016.
Amended by 2013 Ga. Laws 32,§ 4, eff. 7/1/2013.
Amended by 2009 Ga. Laws 102,§ 2-12, eff. 7/1/2009.
Added by 2004 Ga. Laws 565, § 1, eff. 10/1/2004.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1A - EARLY CARE AND LEARNING (§§ 20-1A-1 — 20-1A-45) › Article 1 - GENERAL PROVISIONS (§§ 20-1A-1 — 20-1A-18) › Section 20-1A-10.1 - Determination of payments and eligibility

A determination by the department regarding payments and eligibility pursuant to any federal program or grant shall be preceded by notice and opportunity for a hearing and shall constitute a contested case within the meaning of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."
Added by 2013 Ga. Laws 32,§ 6, eff. 7/1/2013.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1A - EARLY CARE AND LEARNING (§§ 20-1A-1 — 20-1A-45) › Article 1 - GENERAL PROVISIONS (§§ 20-1A-1 — 20-1A-18) › Section 20-1A-14 - Variances and waivers to regulatory requirements

(a)
The department upon application or petition may grant variances and waivers to specific rules and regulations which establish standards for early care and education programs regulated by the department as follows:
(1)
The department may authorize departure from the literal requirements of a rule or regulation by granting a variance upon a showing by the applicant or petitioner that the particular rule or regulation that is the subject of the variance request should not be applied as written because strict application would cause undue hardship. The applicant or petitioner additionally must show that adequate standards affording protection of health, safety, and care exist and will be met in lieu of the exact requirements of the rule or regulation in question;
(2)
The department may dispense entirely with the enforcement of a rule or regulation by granting a waiver upon a showing by the applicant or petitioner that the purpose of the rule or regulation is met through equivalent standards affording equivalent protection of health, safety, and care;
(3)
The department may grant waivers and variances to allow experimentation and demonstration of new and innovative approaches to delivery of services upon a showing by the applicant or petitioner that the intended protections afforded by the rule or regulation which is the subject of the request are met and that the innovative approach has the potential to improve service delivery;
(4)
Waivers or variances which affect an entire class of programs may only be approved by the board and shall be for a time certain, as determined by the board. A notice of the proposed variance or waiver affecting an entire class of programs shall be made in accordance with the requirements for notice of rule making in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act"; or
(5)
Variances or waivers which affect only one program in a class may be approved or denied by the department and shall be for a time certain, as determined by the department. The department shall maintain a record of such action and shall make this information available to the board and all other persons who request it.
(b)
The department may exempt classes of programs from regulation when, in the department's judgment, regulation would not permit the purpose intended or the class of programs is subject to similar requirements under other rules and regulations. Such exemptions shall be provided in rules and regulations promulgated by the board.
Added by 2004 Ga. Laws 565, § 1, eff. 10/1/2004.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1A - EARLY CARE AND LEARNING (§§ 20-1A-1 — 20-1A-45) › Article 1 - GENERAL PROVISIONS (§§ 20-1A-1 — 20-1A-18) › Section 20-1A-15 - Issuance of inspection warrants; evidence generated inadmissible in criminal proceedings

(a)
As used in this chapter, the term "inspection warrant" means a warrant authorizing a search or inspection of private property where such a search or inspection is one that is necessary for the enforcement of any of the provisions of laws authorizing licensure, inspection, or regulation by the department.
(b)
The commissioner or the commissioner's delegate, in addition to other procedures now or hereafter provided, may obtain an inspection warrant under the conditions specified in this Code section. Such warrant shall authorize the commissioner or the commissioner's agents to conduct a search or inspection of property, either with or without the consent of the person whose property is to be searched or inspected, if such search or inspection is one that is elsewhere authorized under the rules and regulations duly promulgated under this chapter or any provision of law which authorizes licensure, inspection, or regulation by the department.
(c)
Inspection warrants shall be issued only by a judge of a court of record whose territorial jurisdiction encompasses the property to be inspected.
(d)
The issuing judge shall issue the warrant when such judge is satisfied that the following conditions are met:
(1)
The one seeking the warrant must establish under oath or affirmation that the property to be inspected is to be inspected as a part of a legally authorized program of inspection which includes that property or that there is probable cause for believing that there is a condition, object, activity, or circumstance which legally justifies such an inspection of that property; and
(2)
The issuing judge determines that the issuance of the warrant is authorized by this Code section.
(e)
The inspection warrant shall be validly issued only if it meets the following requirements:
(1)
The warrant is attached to the affidavit required to be made in order to obtain the warrant;
(2)
The warrant describes, either directly or by reference to the affidavit, the property upon which the inspection is to occur and is sufficiently accurate that the executor of the warrant and the owner or possessor of the property can reasonably determine from it the property of which the warrant authorizes an inspection;
(3)
The warrant indicates the conditions, objects, activities, or circumstances which the inspection is intended to check or reveal; and
(4)
The warrant refers, in general terms, to the statutory or regulatory provisions sought to be enforced.
(f)
No facts discovered or evidence obtained in an inspection conducted under authority of an inspection warrant issued pursuant to this chapter shall be competent as evidence in any criminal proceeding against any party.
Added by 2004 Ga. Laws 565, § 1, eff. 10/1/2004.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1A - EARLY CARE AND LEARNING (§§ 20-1A-1 — 20-1A-45) › Article 1 - GENERAL PROVISIONS (§§ 20-1A-1 — 20-1A-18) › Section 20-1A-16 - Coordination of efforts between departments and agencies

It shall be the duty of all other state departments, agencies, officers, and employees to assure the most effective coordination and use of state resources, personnel, and facilities for the benefit of children and youths and to assist the department in effectuating the purposes of this chapter by making available to the department upon request of the board or commissioner and to the extent permissible by law the services, resources, personnel, and facilities of their respective departments and agencies.
Added by 2004 Ga. Laws 565, § 1, eff. 10/1/2004.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1A - EARLY CARE AND LEARNING (§§ 20-1A-1 — 20-1A-45) › Article 1 - GENERAL PROVISIONS (§§ 20-1A-1 — 20-1A-18) › Section 20-1A-17 - Transfer of programs from Department of Education

The commissioner and the State School Superintendent, with the concurrence of the board for the department and the State Board of Education, are authorized to transfer programs relating to early childhood education from the Department of Education to the department, as long as such programs are not expressly assigned to the Department of Education by statute.
Added by 2004 Ga. Laws 565, § 1, eff. 10/1/2004.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1A - EARLY CARE AND LEARNING (§§ 20-1A-1 — 20-1A-45) › Article 1 - GENERAL PROVISIONS (§§ 20-1A-1 — 20-1A-18) › Section 20-1A-18 - Information on influenza vaccine

(a)
Each child care learning center and family child care learning home shall, by September 1 of each year, provide to the parent or guardian of each child enrolled therein educational information on the influenza vaccine. Such information shall include, but not be limited to:
(1)
The causes and symptoms of influenza and the means by which it is spread;
(2)
The risks associated with influenza;
(3)
The availability, effectiveness, and known contraindications of the influenza vaccine; and
(4)
Related recommendations issued by the federal Centers for Disease Control and Prevention, including the recommended ages at which children receive the influenza vaccine.
(b)
Failure to comply with the provisions of this Code section shall not subject any such child care learning center or family child care learning home to any civil or criminal liability.
(c)
Nothing in this Code section shall be construed to require any child care learning center or family child care learning home to provide or pay for immunizations against influenza.
Amended by 2015 Ga. Laws 163,§ 1, eff. 1/1/2016.
Added by 2012 Ga. Laws 673,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1A - EARLY CARE AND LEARNING (§§ 20-1A-1 — 20-1A-45) › Article 2 - BACKGROUND CHECKS (§§ 20-1A-30 — 20-1A-45) › Section 20-1A-33 - Notification to applicant on comprehensive records check

After being furnished the required records check application under Code Section
20-1A-32
, the department shall notify the license, commission, or change of ownership applicant and the records check applicant in writing whether the department's determination as to a potential director or potential employee is satisfactory or unsatisfactory. If the comprehensive records check determination was satisfactory as to the potential director and each potential employee of a license applicant's facility, that applicant may be issued a license or commission for that facility if the applicant otherwise qualifies for a license or commission under Article 1 of this chapter. If the comprehensive records check determination for a potential director or any potential employee revealed a criminal record, such potential director or potential employee shall not be allowed to be present at the facility while any child is present for care or to reside in the facility until he or she either has obtained a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section
20-1A-43
, notwithstanding Code Section
20-1A-45
. The department shall revoke the license or commission of an early care and education program if the early care and education program fails to comply with the requirements of this Code section.
Amended by 2018 Ga. Laws 561,§ 5, eff. 7/1/2018.
Amended by 2015 Ga. Laws 163,§ 2, eff. 1/1/2016.
Amended by 2013 Ga. Laws 126,§ 2, eff. 1/1/2014.
Added by 2004 Ga. Laws 565, § 1, eff. 10/1/2004.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1A - EARLY CARE AND LEARNING (§§ 20-1A-1 — 20-1A-45) › Article 2 - BACKGROUND CHECKS (§§ 20-1A-30 — 20-1A-45) › Section 20-1A-35 - Provisional employees; receipt of satisfactory determination; revocation of license, commission, or permit for violations

(a)
Where there is need for a provisional employee to work at a licensed, commissioned, or permitted early care and education program facility, such early care and education program may utilize an individual as a provisional employee only after the individual receives a satisfactory determination pursuant to rules and regulations promulgated by the department in accordance with this article. No such provisional employee shall be present at a facility while any child is present for care or reside in a facility until such satisfactory determination has been made. The board shall be authorized to define and enforce all regulations pertaining to provisional employees. The department may revoke the license, commission, or permit of an early care and education program if the early care and education program fails to comply with the rules and regulations pertaining to provisional employees.
(b)
If the department determines a licensed, commissioned, or permitted early care and education program knows or should reasonably know that a provisional employee has a criminal record and allows the provisional employee to be present at a facility while children are present for care or to reside at a facility, the department shall revoke the license, commission, or permit for that early care and education program.
Amended by 2018 Ga. Laws 561,§ 7, eff. 7/1/2018.
Amended by 2015 Ga. Laws 163,§ 2, eff. 1/1/2016.
Amended by 2013 Ga. Laws 126,§ 2, eff. 1/1/2014.
Added by 2004 Ga. Laws 565, § 1, eff. 10/1/2004.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1A - EARLY CARE AND LEARNING (§§ 20-1A-1 — 20-1A-45) › Article 2 - BACKGROUND CHECKS (§§ 20-1A-30 — 20-1A-45) › Section 20-1A-36 - Certain offenders prohibited as employees of facilities

No licensed, commissioned, or permitted facility operated as an early care and education program or similar facility or any operator of such a facility shall allow any person who has been convicted of or who has entered a plea of guilty or nolo contendere to any offense specified in Code Section
16-12-1.1
to be present at a facility while children are present for care or allow any such person to reside in or be domiciled at such facility in violation of Code Section
16-12-1.1
. The department shall either deny the issuance of or revoke the license, commission, or registration of any such facility violating the provisions of this Code section. The powers and duties set forth in this Code section are cumulative and not intended to limit the powers and duties set forth throughout this article.
Amended by 2018 Ga. Laws 561,§ 8, eff. 7/1/2018.
Amended by 2015 Ga. Laws 163,§ 2, eff. 1/1/2016.
Amended by 2013 Ga. Laws 126,§ 2, eff. 1/1/2014.
Added by 2004 Ga. Laws 565, § 1, eff. 10/1/2004.
2023 CODE OF GEORGIA › Title 20 - EDUCATION (§§ 20-1-1 — 20-18-7) › Chapter 1A - EARLY CARE AND LEARNING (§§ 20-1A-1 — 20-1A-45) › Article 2 - BACKGROUND CHECKS (§§ 20-1A-30 — 20-1A-45) › Section 20-1A-37 - Director or employee residing in family child care learning home or at certain programs; comprehensive records check requirements

Notwithstanding any other provision of this article, a director or employee who resides in a family child care learning home, as defined by Code Section
20-1A-2
, or at any program as determined by the department and allowed under federal law to receive, either directly or indirectly, federal funds through the department for the care of children shall be required to provide a records check application to the department. Upon receipt of such records check application, the department shall comply with all the rules and regulations promulgated by GCIC and the Federal Bureau of Investigation for the request and receipt of national fingerprint based criminal history reports. Such individuals shall also submit all necessary applications, fees, and acceptable fingerprints to GCIC and appropriate agencies. If the comprehensive records check determination is unsatisfactory, the department shall notify the provider and the employee of such determination in writing, and no such individual shall be allowed to be present at the facility when any child is present for care or to reside in the facility until he or she either has obtained a satisfactory comprehensive records check determination or has had the unsatisfactory determination reversed in accordance with Code Section
20-1A-43
, notwithstanding Code Section
20-1A-45
. The department shall revoke the license, commission, or permit of a family child care learning home if the family child care learning home fails to comply with the requirements of this Code section.
Amended by 2019 Ga. Laws 321,§ 20, eff. 5/12/2019.
Amended by 2018 Ga. Laws 561,§ 9, eff. 7/1/2018.
Amended by 2015 Ga. Laws 163,§ 2, eff. 1/1/2016.
Amended by 2013 Ga. Laws 126,§ 2, eff. 1/1/2014.
Added by 2004 Ga. Laws 565, § 1, eff. 10/1/2004.