reglab/statecodes huggingface dataset:
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-38 - Change of directors; records check requirements

(a)
If the director of a licensed, commissioned, or permitted early care and education program ceases to be the director of that early care and education program, the license holder, commission holder, or permit holder shall thereupon designate a new director. After such change, the license holder, commission holder, or permit holder of that early care and education program shall notify the department of such change and of any additional information the department may require regarding the newly designated director of that early care and education program, including a records check application. Such individuals shall also submit all necessary applications, fees, and acceptable fingerprints to GCIC and appropriate agencies. If the department determines that such newly designated director has received a comprehensive records check determination that is satisfactory and that includes a records check clearance date that is no more than 12 months old, notwithstanding Code Section
20-1A-45
, or had an unsatisfactory determination reversed pursuant to Code Section
20-1A-43
within the prior 12 months, notwithstanding Code Section
20-1A-45
, such determination shall be deemed to be satisfactory for purposes of this article. The time frames set forth in this subsection shall not apply when fingerprints have been retained by the department due to its participation in the program described in subparagraph (a)(1)(F) of Code Section
35-3-33
.
(b)
If the department determines under subsection (a) of this Code section that a licensed, commissioned, or permitted early care and education program knows or should reasonably know that the newly designated director has a criminal record or an unsatisfactory determination issued by the department that has not been reversed pursuant to Code Section
20-1A-43
, notwithstanding Code Section
20-1A-45
, and allows the director to be present at a facility while children are present for care or to reside in the facility, then the license, commission, or permit for that program shall be revoked.
Amended by 2018 Ga. Laws 561,§ 10, eff. 7/1/2018.
Amended by 2018 Ga. Laws 411,§ 2-4, 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-40 - Cooperation with GCIC and other law enforcement agencies; fees; penalty for misuse of information

(a)
GCIC and law enforcement agencies which have access to GCIC information shall cooperate with the department in performing preliminary and fingerprint records check determinations required under this article and shall provide such information so required for such records checks notwithstanding any other law to the contrary and may charge reasonable fees therefor.
(b)
Any person who knowingly and under false pretenses requests, obtains, or attempts to obtain GCIC information otherwise authorized to be obtained pursuant to this article, or who knowingly communicates or attempts to communicate such information obtained pursuant to this article to any person or entity except in accordance with this article, or who knowingly uses or attempts to use such information obtained pursuant to this article for any purpose other than as authorized by this article shall be fined not more than $5,000.00, imprisoned for not more than two years, or both.
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-41 - Liability for information or determinations made based upon records check

(a)
Neither GCIC, the department, any law enforcement agency, nor the employees of any such entities shall be responsible for the accuracy of information nor have any liability for defamation, invasion of privacy, negligence, or any other claim in connection with any dissemination of information or determination based thereon pursuant to this article.
(b)
An early care and education program, its director, and its employees shall have no liability for defamation, invasion of privacy, or any other claim based upon good faith action thereby pursuant to the requirements of this article.
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-42 - Construction with Article 1

The requirements of this article are supplemental to any requirements for a license imposed by Article 1 of this chapter.
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-43 - Contested case procedure following rejection or other suspension of license or application

A determination by the department regarding preliminary or fingerprint records checks under this article, or any action by the department revoking, suspending, or refusing to grant or renew a license based upon such determination, shall constitute a contested case for purposes of Chapter 13 of Title 50, the "Georgia Administrative Procedure Act," except that any hearing required to be held pursuant thereto may be held reasonably expeditiously after such determination or action by the department. It is expressly provided that upon motion from any party, the hearing officer may, in his or her discretion, consider matters in mitigation of any conviction only if all terms of probation have been successfully completed, provided that the hearing officer examines the circumstances of the case and makes an independent finding that no physical harm was done to a victim and also examines the character and employment history since the conviction and determines that there is no propensity for cruel behavior or behavior involving moral turpitude on the part of the person making a motion for an exception to sanctions normally imposed. If the hearing officer deems a hearing to be appropriate, he or she shall also notify at least 30 days prior to such hearing the office of the prosecuting attorney who initiated the prosecution of the case in question in order to allow such prosecutor to object to a possible determination that the conviction would not be a bar for the grant or continuation of a license or employment as contemplated within this chapter. If objections are made, the hearing officer shall take such objections into consideration in considering the case.
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-44 - Regulatory authority

The board is authorized to provide by regulation for the administration of this article.
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-45 - Valid period for records check for separated employees

A satisfactory comprehensive records check determination shall be no longer valid for an employee or director who has been separated from employment for more than 180 consecutive days from an early care and education program or any program that received, either directly or indirectly, federal funds through the department for the care of children.
Added by 2018 Ga. Laws 561,§ 12, eff. 7/1/2018.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-1 - Board created; appointment of members; powers

(a)
The State Board of Education is created. The state board shall be composed of one member from each congressional district in this state, who shall be appointed by the Governor by and with the advice and consent of the Senate. The Governor shall not be a member of the state board. The state board provided for by this article shall have the powers and duties provided by law for the state board on January 25, 1943, and such as may be thereafter provided and shall be subject to all provisions of law with respect to the state board not inconsistent with this article.
(b)
Except as provided in this article, the state board shall also have all the powers conferred by law upon the former State Board of Education abolished by Ga. L. 1937, p. 864, and shall perform all the duties required by law of such former state board as constituted on July 1, 1937.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-2 - Terms of office of members

The first State Board of Education appointed under this article shall hold office as follows: two for three years; four for five years; and four for seven years. All of such terms shall date from January 1, 1943. The Governor in making the appointments shall designate the holders of the respective terms. Successors to persons so appointed shall hold terms of office of seven years from the expiration of the previous term. All members of the state board appointed for a first or succeeding full term shall hold office until their successors are appointed and have qualified. Any appointment of a member of the state board for a full term made when the Senate is not in session shall be effective until the appointment is acted on by the Senate.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-3 - Vacancies on board

In case of a vacancy on the State Board of Education by death, resignation, removal, or from any cause other than the expiration of such member's term of office, such vacancy shall be filled in the manner prescribed by Article VIII, Section II, Paragraph I of the Constitution.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-4 - Qualifications and disqualifications of members

The members of the State Board of Education shall be citizens of this state who have resided in Georgia continuously for at least five years preceding their appointment. No person employed in a professional capacity by a private or public educational institution or by the Department of Education shall be eligible for appointment or to serve on the state board. No person who is or has been connected with or employed by a schoolbook publishing concern shall be eligible for membership on the state board and, if any person shall be so connected or employed after becoming a member of the state board, his place shall immediately become vacant.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-5 - Oaths of members; board meetings

The members of the State Board of Education shall take an oath of office for the faithful performance of their duties and the oath of allegiance to the federal and state Constitutions. The state board shall meet quarterly in regular session at such time as it may by regulation provide and may hold additional meetings at the call of the chairperson, provided that upon the written request of a majority of the members of the state board, the State School Superintendent shall call a meeting at any time.
Amended by 2012 Ga. Laws 619,§ 1, eff. 7/1/2012.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-5.1 - Annual public hearings in congressional district from which each State Board of Education member is appointed

(a)
Each member of the State Board of Education shall hold one or more public hearings annually during the regular school calendar year in the respective congressional district from which the member was appointed. The purpose of the public hearing shall be to hear testimony from interested citizens and educators within the congressional district regarding the performance and problems of public education within the congressional district. The public hearing will be held in an appropriate public building located within the respective congressional district. Each board member shall attempt to hold the public hearings at locations throughout such member's respective congressional district. The public hearing will begin at 7:00 P.M. if held on Monday through Friday or at 10:00 A.M. if held on Saturday. No public hearing required by this Code section shall be held on Sunday.
(b)
A member of the State Board of Education holding a public hearing required by this Code section shall:
(1)
Cause a notice of the date, time, place, and purpose of the public hearing to be published at least once during each of two consecutive weeks immediately preceding the week during which the hearing is held, which notice shall be published in the official legal organ of each county wholly or partially within the congressional district unless there is any other newspaper having a general paid circulation in said county which exceeds that of the official organ, in which event the notice shall be published in any such other newspaper;
(2)
Issue a press release to the print and broadcast media serving the congressional district announcing the date, time, place, and purpose of the public hearing; and
(3)
Take such other action as may be necessary to bring the public hearing to the attention of the public and to encourage public attendance at and participation in the public hearing.
(c)
A member of the State Board of Education shall constitute a committee of one for the purpose of holding a public hearing required by this Code section and, in connection therewith, shall be entitled to receive the per diem and expenses provided for by Code Section
20-2-9
.
(d)
The costs incurred in holding public hearings required by this Code section shall come from funds appropriated or available to the State Department of Education.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-5.2 - Chairperson and other officers; election; term and duties of chairperson

The State Board of Education shall elect a chairperson and such other officers it may deem appropriate. The term of the chairperson shall be fixed by the state board. The chairperson shall preside at meetings of the state board, set the agenda for the state board, and perform such other duties as required by the state board.
Amended by 2012 Ga. Laws 619,§ 2, eff. 7/1/2012.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-6 - Inspection committees

The State Board of Education is authorized to appoint committees composed of members of the state board as a majority vote of the state board may determine to travel within this state and inspect the institutions and facilities under its jurisdiction and control.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-7 - Where committee meetings may be held

The members of the State Board of Education as a committee or any committee of the state board may hold committee meetings anywhere within or outside this state when necessary to obtain information for future guidance of the state board; provided, however, that no action of the state board shall be of force and effect unless such action is taken at a regular or called meeting of the state board.
Amended by 2012 Ga. Laws 619,§ 3, eff. 7/1/2012.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-8 - Travel by members within or outside state

The State Board of Education may authorize any member of the state board to travel within or outside this state if necessary to obtain information for the guidance of the state board; provided, however, no member shall be authorized to make commitments for the state board on any matter that requires action of the state board as provided by law.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-9 - Per diem allowances and expenses of members

Each member of the State Board of Education shall receive the sum provided for by Code Section
45-7-21
for each day of actual attendance at meetings of the state board or for each day of travel, within or outside the state, as a member of a committee of the state board which has been authorized by the chairman or by action of the state board, in addition to actual expenses incurred in connection therewith and actual costs of transportation to and from the place of meeting or place of visits or inspections. No member shall be authorized to receive the sums, expenses, and costs provided for by this Code section for more than 60 days per year. Such sums, expenses, and costs shall be paid from funds appropriated to or otherwise available to the Department of Education.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-10 - Gifts or compensation to members, appointees, or their families from publishers prohibited; reporting offers; penalty

(a)
No member or appointee of the State Board of Education or any other person having authority to select or aid in the selection of textbooks for the schools shall for himself or any member of his family receive any gift, compensation, or remuneration from any schoolbook publishing house, corporation, individual, or agent or representative of either; nor shall any such person, publishing house, or corporation offer, directly or indirectly, to any member of the state board or his family or appointees any gift, compensation, or remuneration. Should any such publishing house, corporation, or person offer to any such officers, their families, or appointees any compensation, remuneration, or gift, they shall report such offer to the grand juries of their respective counties. The judges of the superior courts in charging the grand jury from term to term shall give instructions concerning this Code section and article.
(b)
Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-11 - Budgets; supervision of Department of Education; funds for state office

The State Board of Education shall prepare and submit to the Governor and General Assembly an estimate of the funds necessary for the operation of the state public school system. It shall have general supervision of the Department of Education and may delegate to the State School Superintendent the authority to employ and dismiss such clerical employees, supervisors, administrators, and other employees who are members of the classified service under Article 1 of Chapter 20 of Title 45 as may be necessary for the efficient operation of the Department of Education. It shall set aside the necessary funds for the maintenance of the office of the department and the State School Superintendent, the amount and sufficiency of such funds to be in the discretion of the state board, such funds to be disbursed by the superintendent in the payment of salaries and travel expenses of employees and for printing, communication, equipment, repairs, and other expenses incidental to the operation of the department.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-12 - [Repealed] Educational television programs

Repealed by 2012 Ga. Laws 619,§ 4, eff. 7/1/2012.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-13 - Educational research; preparation and publication of instructional material

The State Board of Education may use and allocate money for educational research and preparation and publication of instructional material, and such funds may be paid upon approval of the Governor.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-15 - Acceptance of federal and other aid to educational television

The State Board of Education is authorized and is designated the proper state agency to receive all federal funds and any other funds that may be appropriated, granted, or otherwise made available to the state for educational television purposes at all levels of education and shall, after receipt of such funds, use, allot, or distribute them in accordance with the intent, terms, and conditions of such appropriations and grants.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-16 - Acceptance and allotment of federal aid and other funds for school construction; determining needs; planning financing; building code; safety inspections and recommendations

(a)
The State Board of Education is authorized to receive any federal funds or any other funds made available to it for schoolhouse construction or improvement of the schools under its jurisdiction and to allot such funds to the boards of education of county and independent school systems under such rules and regulations as may be adopted by the state board, subject to such limitations as may be imposed in the grant or appropriation of such funds.
(b)
In order to assist the boards of education of county and independent school systems, upon their request, the state board is authorized to make comprehensive studies to determine the need for and the location of public school buildings, to determine the safety and educational requirements of public school buildings, to plan the methods of financing the cost of constructing and equipping such buildings, and to establish a code of school building practices and standards.
(c)
The state board is authorized to inspect any public school building and, if such building is found to be dangerous to the lives or health of the pupils, to notify the county or independent board of education in writing of the unsafe or unhealthful conditions revealed, including in the notification specific suggestions for the correction of such unsafe or unhealthful conditions.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-17 - Lease of state property to local school boards

The Department of Education, on behalf of the state, may lease for periods up to four years any state-owned property in its control and held for its use to county school boards, city school boards, or other like agencies in the state having the power to operate and regulate any public school in the state, provided that any such property so leased shall be used by the lessee only for administrative, maintenance, warehouse, or storage purposes.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-18 - Continuation of trusts for institutions for blind and deaf; board to be trustee

Any trust fund or property, real, personal, or mixed, specifically including the "Pupils' Trust Fund" pertaining to the Georgia Academy for the Blind, that may have been created by will or otherwise as a fund or gift or donation or devise to any board of trustees of the Georgia Academy for the Blind or the Georgia School for the Deaf or the Atlanta Area School for the Deaf, or to any executor or trustee to and for the use, benefit, or on behalf of any such institution, shall not lapse but shall remain valid and of full force and effect; and such beneficial interest under any such deed or gift or will or other conveyance shall vest in the State Board of Education as trustee to and for the use, benefit, and on behalf of the institution intended to be benefited by the gift, devise, or other conveyance in its favor. In any case in which any deed or gift or will or other conveyance for the use or benefit of the Academy for the Blind or the schools for the deaf requires a trustee and no trustee shall exist, the state board shall be and become a substituted trustee to carry out the beneficial purposes of such gift, devise, or conveyance.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-19 - Receipt and review of asbestos management plans by State Board of Education; disapproval of plans; funding; regulation; accreditation; effect on other powers of board

(a)
The Governor may designate the State Board of Education to receive and review asbestos management plans of local boards of education and of owners of private, nonprofit elementary and secondary school buildings, as provided in the federal Asbestos Hazard Emergency Response Act of 1986, 100 Stat. 2970, P.L. 99-519, amending P.L. 99-469, hereinafter referred to as "AHERA." Any such designation by the Governor prior to March 31, 1988, is ratified and affirmed and shall have effect from the date thereof.
(b)
The State Board of Education may receive and disapprove such plans upon the grounds stated in and as provided in AHERA.
(c)
The State Board of Education may apply for, accept, and disburse federal funds to local boards of education and to owners of private, nonprofit elementary and secondary school buildings for activities involving the preparation and implementation of asbestos management plans. The State Board of Education may apply for, accept, and utilize federal funds for its activities under this Code section, including the training and accreditation of staff.
(d)
The State Board of Education shall prescribe such policies, rules, regulations, and standards as it deems appropriate to carry out purposes of AHERA.
(e)
The State Board of Education shall have the authority to adopt an accreditation program and accredit persons who inspect and prepare management plans and conduct response activities for local units of administration, as defined by AHERA.
(f)
The powers bestowed by this Code section shall be cumulative of other powers of the State Board of Education and shall not diminish them in any way. This Code section shall not be construed to diminish the powers of any other state agency or instrumentality.
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 1 - STATE BOARD OF EDUCATION (§§ 20-2-1 — 20-2-20) › Section 20-2-20 - Regional offices authorized; employees

The State Board of Education is authorized to establish regional offices of the Department of Education, subject to appropriation by the General Assembly. Should the state board establish such regional offices of the Department of Education, their service areas shall be congruous with the service areas of regional educational service agencies as provided for in Code Section
20-2-270
and may include more than one regional educational service agency. All employees of such regional offices shall be employees of the Department of Education.
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 2 - STATE SCHOOL SUPERINTENDENT (§§ 20-2-30 — 20-2-38) › Section 20-2-30 - Election; office; forms, blanks, and instructions for subordinate officials; appeal of decisions to State Board of Education

The State School Superintendent shall be elected by the persons qualified to vote for members of the General Assembly at the same time and in the same manner and for the same term as the Governor is elected. A suitable office shall be furnished him at the seat of government. He shall prescribe suitable forms for the reports required of subordinate school officers and blanks for their guidance in transacting their official business and shall from time to time prepare and transmit to them such instructions as he may deem necessary for the faithful and efficient execution of the school laws; and by what is thus communicated to them they shall be bound to govern themselves in the discharge of their official duties, provided there shall always be an appeal from the State School Superintendent to the State Board of Education.
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 2 - STATE SCHOOL SUPERINTENDENT (§§ 20-2-30 — 20-2-38) › Section 20-2-31 - Qualifications

To render a person eligible to hold the office of State School Superintendent, he or she shall hold a four-year degree from an accredited college or university. No person who has been convicted of any crime involving moral turpitude shall be eligible to hold the office of State School Superintendent.
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 2 - STATE SCHOOL SUPERINTENDENT (§§ 20-2-30 — 20-2-38) › Section 20-2-32 - Bond; oath

Upon entering upon the discharge of his official duties, the State School Superintendent shall give bond in the penal sum of $50,000.00 to the state, with some approved surety company which shall be acceptable to the Secretary of State, conditioned that he will truly account for and apply all money or other property which may come into his hands in his official capacity for the use and benefit of the purposes for which it is intended and that he will faithfully perform the duties enjoined upon him by law. He shall take and subscribe an oath to discharge the duties of his office diligently and faithfully. The bond, with certified endorsement thereon, shall be filed with the Secretary of State, and the premium charged for such bond shall be paid out of the state treasury.
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 2 - STATE SCHOOL SUPERINTENDENT (§§ 20-2-30 — 20-2-38) › Section 20-2-33 - Compensation and expenses

The State School Superintendent shall be compensated as provided in Code Sections
45-7-3
and
45-7-4
. He shall also be reimbursed for his expenses incurred in connection with the official duties of his office as provided in Code Section
45-7-21
.
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 2 - STATE SCHOOL SUPERINTENDENT (§§ 20-2-30 — 20-2-38) › Section 20-2-34 - Recommendations to State Board of Education; suspension of county school superintendents; appeal

The State School Superintendent shall carry out and enforce all the rules and regulations of the State Board of Education and the laws governing the schools receiving state aid; he shall from time to time make such recommendations to the state board as may affect the welfare and efficiency of the public schools. He shall have authority to suspend a county school superintendent for incompetency, willful neglect of duty, misconduct, immorality, or the commission of any crime involving moral turpitude, provided that all of his acts in this matter shall be subject to the approval of the state board and the party so suspended may appeal his case to the state board, whose decision shall be final.
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 2 - STATE SCHOOL SUPERINTENDENT (§§ 20-2-30 — 20-2-38) › Section 20-2-35 - Duty to visit counties

It shall be the duty of the State School Superintendent to visit, as often as possible, the several counties for the purpose of examining into the administration of the school law, counseling with school officers, delivering public addresses, inspecting school operations, and doing such other acts as he may deem in the interest of public education.
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 2 - STATE SCHOOL SUPERINTENDENT (§§ 20-2-30 — 20-2-38) › Section 20-2-36 - Duty in case of misapplication of state funds

In the event of a misapplication of any of the funds apportioned to any of the institutions of learning or schools receiving state aid, the State School Superintendent shall at once proceed to recover such funds by the institution of proper proceedings in the courts after demand to settle the matter is made upon the party misapplying the funds.
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 3 - LOCAL BOARDS OF EDUCATION (§§ 20-2-49 — 20-2-75) › Section 20-2-49 - Standards for local board of education members

The General Assembly finds that local boards of education play a critical role in setting the policies that lead to the operation and success of local school systems. School board members hold special roles as trustees of public funds, including local, state, and federal funds, while they focus on the singular objective of ensuring each student in the local school system receives a quality basic education. Board duties require specialized skills and training in the performance of vision setting, policy making, approving multimillion dollar budgets, financial management, and hiring a qualified superintendent. The motivation to serve as a member of a local board of education should be the improvement of schools and academic achievement of all students. Service on a local board of education is important citizen service. Given the specialized nature and unique role of membership on a local board of education, this elected office should be characterized and treated differently from other elected offices where the primary duty is independently to represent constituent views. Local board of education members should abide by a code of conduct and conflict of interest policy modeled for their unique roles and responsibilities. And although there are many measures of the success of a local board of education, one is clearly essential: maintaining accreditation and the opportunities it allows the school system's students.
Amended by 2020 Ga. Laws 389,§ 1-1, eff. 7/1/2021.
Added by 2010 Ga. Laws 463,§ 1, eff. 7/1/2010.
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 3 - LOCAL BOARDS OF EDUCATION (§§ 20-2-49 — 20-2-75) › Section 20-2-50 - County school districts; county board for each county

Each county of this state, exclusive of any independent school system in existence in a county, shall compose one school district and shall be confined to the control and management of a county board of education, except to the extent that area school systems are created pursuant to Article VIII, Section V, Paragraph I of the Constitution of Georgia.
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 3 - LOCAL BOARDS OF EDUCATION (§§ 20-2-49 — 20-2-75) › Section 20-2-52 - Term of office; number of members; staggering of terms

(a)
Effective January 1, 2012, members of local boards of education shall be elected for terms of not less than four years, provided that longer terms of office may be provided by local Act or constitutional amendment.
(b)
(1)
Each local board of education shall have no more than seven members as provided by local Act.
(2)
This subsection shall not apply to a local board of education whose board size exceeds seven members as provided by local constitutional amendment or federal court order or pursuant to a local law in effect prior to July 1, 2010; provided, however, that if the local law of any such local board of education is amended to revise the number of members on such board, paragraph (1) of this subsection shall apply.
(c)
Members of local boards of education in office on July 1, 2011, who are serving terms of office of less than four years shall serve until December 31, 2012, and until their respective successors are elected and qualified. Members elected in 2011 shall serve until December 31, 2014, and until their respective successors are elected and qualified. Successors to all such members shall be elected to serve four-year terms of office and until their respective successors are elected and qualified.
(d)
The General Assembly, by local law, may provide for staggered terms of office and term limits for such offices. On and after January 1, 2015, the General Assembly by local law may provide for terms of less than four years for members of local boards of education.
Amended by 2011 Ga. Laws 9,§ 1, eff. 4/20/2011.
Amended by 2010 Ga. Laws 463,§ 3, eff. 7/1/2010.
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 3 - LOCAL BOARDS OF EDUCATION (§§ 20-2-49 — 20-2-75) › Section 20-2-52.1 - Composition and election of county boards of education in counties in which there is a homestead option sales and use tax and a county sales and use tax for educational purposes; terms of service

(a)
On and after January 1, 2015, in counties in which there is being collected a homestead option sales and use tax pursuant to Article 2A of Chapter 8 of Title 48 and a county sales and use tax for educational purposes pursuant to Part 2 of Article 3 of Chapter 8 of Title 48 and the county board of education consists of more than seven members, such county boards of education shall comply with this Code section. Such county boards of education shall consist of seven members elected from separate single-member districts of approximately equal population. The number of members may be reduced to less than seven members by local legislation, but such members shall be elected from separate single-member districts of approximately equal population.
(b)
Unless otherwise provided by local law, such county boards of education shall select from among their membership a chairperson and vice chairperson at the first meeting of each odd-numbered year.
(c)
Unless otherwise provided by local law, such county boards of education shall serve staggered, four-year terms of office.
(d)
In the event that a local law is not enacted prior to the qualifying period for the 2014 elections to conform the provisions of law regarding boards of education subject to this Code section to the size requirements of this Code section and if the election structure of such local board of education contains a plan for seven members from separate single-member districts encompassing all of the school district in addition to any other election provisions, then on January 1, 2015, the board of education shall consist only of seven members elected from such separate single-member districts and all other positions in excess of those seven shall be eliminated. In such case, those persons serving from odd-numbered districts shall serve for an initial term of two years and until their respective successors are elected and qualified. Those persons serving from even-numbered districts shall serve for an initial term of four years and until their respective successors are elected and qualified. Thereafter, successors to such members shall be elected at the general election immediately prior to the end of their respective terms of office to take office on January 1 immediately following such election for terms of four years and until their respective successors are elected and qualified. After January 1, 2015, the composition of such districts, number of districts, and staggering of terms may be changed by local law consistent with the provisions of this Code section, but shall not be changed prior to such date.
Amended by 2014 Ga. Laws 350,§ 1, eff. 2/26/2014.
Amended by 2012 Ga. Laws 750,§ 1, eff. 5/2/2012.
Added by 2011 Ga. Laws 9,§ 2, eff. 4/20/2011.
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 3 - LOCAL BOARDS OF EDUCATION (§§ 20-2-49 — 20-2-75) › Section 20-2-53 - Certifying election or appointment of county board members

In addition to certifications of elections now required to be made to the Governor, it shall be the duty of the elections superintendent of each system or other political subdivision to transmit to the Secretary of State and to the State School Superintendent a certified statement of the election of members of a local board of education. Where board members are appointed under any law to fill vacancies, it shall be the duty of the local superintendent of schools to certify these appointments to the Secretary of State, the State School Superintendent, and to the Governor. All resignations from such boards, in addition to being submitted to the Governor, shall be submitted to the local superintendent of schools and a copy thereof shall be transmitted to the Secretary of State and to the State School Superintendent.
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 3 - LOCAL BOARDS OF EDUCATION (§§ 20-2-49 — 20-2-75) › Section 20-2-54.1 - Procedure for filling vacancies on local boards

(a)
In all instances where local laws applicable to local boards of education do not provide otherwise, a vacancy occurring for any reason on a local board of education shall be filled as follows:
(1)
If the vacancy occurs more than 90 days prior to the date of a general election preceding the general election at which a successor will be elected to a new full term of office, then such vacancy shall be filled for the unexpired term of office at a special election to be held on the same date as said general election preceding the general election at which a successor will be elected to a new full term of office; and in this case the remaining members of the board of education shall, by majority vote, select a qualified person to fill the vacancy until the person elected at such special election takes office; and
(2)
If the vacancy does not occur more than 90 days prior to the date of a general election preceding the general election at which a successor will be elected to a new full term of office, then the remaining members of the local board of education shall, by majority vote, select a qualified person to serve for the remainder of the unexpired term.
(b)
Any person elected or appointed to fill a vacancy pursuant to subsection (a) of this Code section shall possess the same qualifications required for election to a full term of office as provided by law applicable to the office wherein the vacancy occurred. As applied to special elections under paragraph (1) of subsection (a) of this Code section, if the office wherein the vacancy occurred is filled by election of voters within a portion of the local school district, then the special election shall be held within that portion of the local school district, but if the office wherein the vacancy occurred is filled by the voters within the entire school district, then the special election shall be held within the entire school district.
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 3 - LOCAL BOARDS OF EDUCATION (§§ 20-2-49 — 20-2-75) › Section 20-2-56 - Nonpartisan elections for members of boards of education

Notwithstanding any other provision of law to the contrary, the General Assembly may provide by local law for the election in nonpartisan elections of candidates to fill the offices of members of boards of education and, in the case of independent school systems, for the election in nonpartisan elections of candidates to fill the offices of members of the boards of education of those independent school systems using the procedures established in Chapter 2 of Title 21, the "Georgia Election Code."
Amended by 2005 Ga. Laws 19,§ 20, eff. 4/7/2005.
Amended by 2001 Ga. Laws 166, § 2, eff. 7/1/2001.